§ 14-229-102 — Individual Sewage Disposal Systems Advisory Committee - Powers and duties

The Individual Sewage Disposal Systems Advisory Committee shall have the following powers and duties: (1) To advise with and make recommendations to the Secretary of the Department of Health and the Director of the Division of Environmental Health Protection of the Department of Health, concerning the utilization and application of alternate and experimental individual sewage disposal systems; (2) To advise with and assist the Division of Environmental Health Protection of the Department of Health in efforts to promote the experimentation, development, and improvement of individual sewage disposal systems; (3) To advise with and assist the division in the development and implementation of: (A) Training and educational programs for employees of the division to acquaint the employees with technological advances in the development of experimental and alternate systems for individual sewage disposal systems; (B) Opportunities for employees of the division to participate in seminars and other training programs designed for their technological advancement, including the promulgation of guidelines and regulations for reimbursement of expenses for employees who engage in the training opportunities; (C) The acquisition of laboratory testing equipment necessary for the conducting of experiments and testing of experimental and alternate individual sewage disposal systems; (D) The acquisition of necessary field supplies and equipment to enable the division to engage in necessary field activities to assist property owners in the installation, operation, and repair of experimental and alternate individual sewage disposal systems, and to enable the Department of Health to offer technical advice, when requested by property owners, with respect to the operation or repair of the equipment; (E) To provide, if funds are available, technical assistance, materials, and equipment required for the modification or repair of experimental and alternate individual sewage disposal systems, which have been installed by property owners under permits issued by the department, of equipment approved by the department as being adequate to meet state individual sewage disposal systems standards; and (F) To cooperate with and offer assistance to other public agencies, private developers, and home owners in the development, installation, operation, repair, modification, and improvement of experimental and alternate individual sewage disposal systems for the purpose of developing the necessary technological advancements required to meet the standards prescribed by the division for the installation and operation of individual sewage disposal systems deemed adequate to function, in accordance with the standards in the particular area in which the systems are to be installed; (4) (A) If a firm, person, or corporation violates any provision of the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., or the rules or orders promulgated or issued by the State Board of Health or violates any condition of a license, permit, certificate, or any other type of registration, the committee may assess a civil penalty and suspend or revoke the license, permit certificate, or other type of registration of the firm, person, or corporation. (B) A civil penalty assessed under subdivision (4)(A) of this section shall not exceed one thousand dollars ($1,000) for each violation. (C) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (D) All fines collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering the individual sewage disposal systems program. (E) Subject to rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year; (5) (A) An applicant or interested party seeking review of a final agency decision regarding a permit under the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., or the rules adopted by the State Board of Health under the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., shall file a written appeal for a hearing before the committee within thirty (30) days after the receipt of the agency decision. (B) An appeal to the committee shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (6) (A) After a hearing held under subdivision (4) or subdivision (5) of this section, a person who considers himself or herself injured in his or her person, business, or property by a final committee action is entitled to a review of the action by the State Board of Health. (B) A person shall institute a proceeding for review under subdivision (6)(A) of this section by filing a petition with the department within thirty (30) days after service upon the person of the committee's final decision.

Legislative History

Amended by Act 2019, No. 910,§ 4858, eff. 7/1/2019. Acts 1983, No. 708, § 2; A.S.A. 1947, § 19-5416; Acts 2007, No. 189, § 3; 2011, No. 822, § 1.