In order to minimize the possibility of endangering the health and welfare of the public and/or the development of esthetically offensive conditions, subsurface sewage disposal systems shall be so located, constructed and maintained that wastes discharged to or from such systems: Do not contaminate any drinking water supply; Are not accessible to rodents, insects or […]
For the purposes of this part and subsequent regulations and standards, the following words and phrases have the following meanings, unless the context otherwise requires: “Alternative method of disposal” means a subsurface sewage disposal system, the construction, installation and operation of which varies from that of conventional subsurface sewage disposal systems; “Commissioner” means the commissioner […]
It is the duty of the commissioner to: Exercise general supervision over the planning, location, construction, operation and maintenance of subsurface sewage disposal systems; Adopt and promulgate rules and regulations as the commissioner deems necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits; Establish […]
The commissioner may develop a program for the evaluation of new technologies for use in subsurface sewage disposal systems. In the program, the commissioner shall first evaluate written documentation and the available studies and literature for such products. If the commissioner is satisfied with the results of this initial review, then the commissioner may authorize […]
It is the duty of the owner or occupant of the property to give the commissioner free access to the property at reasonable times for the purpose of making such inspections or investigations as are necessary to determine compliance with the requirements of this part and rules and regulations promulgated pursuant to this part.
It is unlawful for any person to: Begin construction or construct any house or establishment, mobile or permanent, to be served by a subsurface sewage disposal system prior to approval of plans for the proposed location of the house or establishment and location of disposal system on the lot and approval of the specific lot […]
No proposed subdivision shall be approved by a local planning commission or other agency authorized to approve subdivisions until the plans for such subdivisions have been approved by the commissioner.
Any person proposing to construct, alter, extend or repair subsurface sewage disposal systems, or engage in the business of removing accumulated wastes from such systems, shall secure a permit from the commissioner, in accordance with this part and rules and regulations promulgated pursuant to this part. If the permit of an installer of subsurface sewage […]
Any person whose subdivision plan has been disapproved or whose application for a subsurface sewage disposal system permit has been denied under this part and the rules and regulations promulgated pursuant to this part, may request in writing that a variance be granted by the commissioner. The request should set forth in numbered paragraphs the […]
In any case where a provision of this part is found to be in conflict with a provision of any private or public act or local ordinances or code existing May 4, 1973, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any provision of this part or any rule or regulation promulgated pursuant to this part. It is the duty of the district attorney general in whose district a violation occurs to assist […]
Any person violating any of this part and rules and regulations promulgated pursuant to this part commits a Class C misdemeanor. It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in prosecuting such violations.
Any person who intends to construct or locate a house or establishment, mobile or permanent, shall furnish evidence to the deputy electrical inspector under contract with the department of commerce and insurance, that: The house or establishment is served by a public sewerage system; or The person has applied for a permit for a subsurface […]
The department of environment and conservation is directed to coordinate a pilot project study of advanced treatment systems (ATS) over a two-year period. For purposes of §§ 68-221-415 — 68-221-417, ATS are defined as those waste water treatment systems that have been certified and listed by the National Sanitation Foundation as meeting American National Standard […]
All ATS installed are subject to the following requirements: A technician certified by the manufacturer shall install or personally supervise the installation of each ATS and associated field lines. Once an ATS is installed pursuant to § 68-221-415 and this section, the owner of the property shall perpetually operate and maintain it properly. This requirement […]
Failure of a property owner to conduct operation and maintenance as required by §§ 68-221-415 and 68-221-416 or to maintain an operation and maintenance contract for an ATS shall constitute an offense punishable as a Class C misdemeanor.
Notwithstanding any provision of the law to the contrary, no county government official may require a homeowner or the department to conduct any excavation of a pre-existing subsurface sewage disposal system prior to issuing any county permit or license for rebuilding, remodeling, or otherwise altering any house or establishment, mobile or permanent, utilizing such system; […]
Any water and wastewater treatment authority that is created by a county legislative body pursuant to part 6 of this chapter, subject to approval by the county legislative body, may enact a regulation that creates requirements for the installation and operation of advanced treatment systems (ATS) and the structures served by ATSs within the county; […]
