(1)Local boards of health or
the commission, as appropriate, shall adopt rules under section 25-10-104 that
govern all aspects of the application for and issuance of permits, the inspection and
supervision of installed systems, the issuance of cease-and-desist orders, the
maintenance and cleaning of systems, and the disposal of waste material. The rules
must, at a minimum, include provisions regarding:
(a)Procedures by which a person may apply for a permit for an on-site
wastewater treatment system. The permit application must be in writing and must
include any information, data, plans, specifications, statements, and commitments
as required by the local board of health to carry out the purposes of this article.
(b)Review of the application and inspection of the proposed site
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(1) Local boards of health or
the commission, as appropriate, shall adopt rules under section 25-10-104 that
govern all aspects of the application for and issuance of permits, the inspection and
supervision of installed systems, the issuance of cease-and-desist orders, the
maintenance and cleaning of systems, and the disposal of waste material. The rules
must, at a minimum, include provisions regarding:
(a) Procedures by which a person may apply for a permit for an on-site
wastewater treatment system. The permit application must be in writing and must
include any information, data, plans, specifications, statements, and commitments
as required by the local board of health to carry out the purposes of this article.
(b) Review of the application and inspection of the proposed site by the local
public health agency;
(c) Specification of studies to be performed and reports to be made by the
applicant and the circumstances under which the studies or reports may be
required by the local public health agency;
(d) Determination on behalf of the local public health agency by an
environmental health specialist or a professional engineer after review of the
application, site inspection, test results, and other required information, whether
the proposed system complies with the requirements of this article and the rules
adopted under this article;
(e) Issuance of a permit by the health officer or the health officer's
designated representative if the proposed system is determined to be in
compliance with this article and the rules adopted under this article;
(f) Review by the local board of health, upon request of an applicant, of
applications denied by the local public health agency;
(g) The circumstances under which all applications are subject to mandatory
review by the local public health agency to determine whether a permit shall issue;
(h) Final inspection of a system to be made by the local public health agency
or its designated professional engineer after construction, installation, alteration,
or repair work under a permit has been completed, but before the system is placed
in use, to determine that the work has been performed in accordance with the
permit and that the system is in compliance with this article and the rules adopted
under this article;
(i) Inspection of operating systems at reasonable times, and upon reasonable
notice to the occupant of the property, to determine if the system is functioning in
compliance with this article and the rules adopted under this article. Officials of the
local public health agency are permitted to enter upon private property for
purposes of conducting such inspections.
(j) Issuance of a repair permit to the owner or occupant of property on which
a system is not in compliance. An owner or occupant shall apply to the local public
health agency for a repair permit within two business days after receiving notice
from the local public health agency that the system is not functioning in
compliance with this article or the rules adopted under this article or otherwise
constitutes a nuisance or hazard to public health or water quality. The permit shall
provide for a reasonable period of time within which the owner or occupant must
make repairs, at the end of which period the local public health agency shall
inspect the system to ensure that it is functioning properly. Concurrently with the
issuance of a repair permit, the local public health agency may authorize the
continued use of a malfunctioning system on an emergency basis for a period not to
exceed the period stated in the repair permit. The period of emergency use may be
extended, for good cause shown, if, through no fault of the owner or occupant,
repairs may not be completed in the period stated in the repair permit and only if
the owner or occupant will continue to make repairs to the system.
(k) (I) Issuance of an order to cease and desist from the use of any on-site
wastewater treatment system or sewage treatment works that is found by the
health officer not to be in compliance with this article or the rules adopted under
this article or that otherwise constitutes a nuisance or a hazard to public health or
water quality. Such an order may be issued only after a hearing is conducted by the
health officer not less than forty-eight hours after written notice of the hearing is
given to the owner or occupant of the property on which the system is located and
at which the owner or occupant may be present, with counsel, and be heard. The
order must require that the owner or occupant bring the system into compliance or
eliminate the nuisance or hazard within a reasonable period of time, not to exceed
thirty days, or thereafter cease and desist from the use of the system. A cease-and-desist order issued by the health officer is reviewable in the district court for the
county in which the system is located and upon a petition filed no later than ten
days after the order is issued.
(II) For the purposes of this paragraph (k), any system or sewage treatment
works that does not comply with any statute or rule of this title constitutes a
nuisance.
(III) For the purposes of this paragraph (k), a sewage treatment works does
not include any sewage treatment facility with a discharge permit issued pursuant
to section 25-8-501.
(l) Reasonable periodic collection and testing by the local public health
agency of effluent samples from on-site wastewater treatment systems for which
monitoring of effluent is necessary in order to ensure compliance with this article or
the rules adopted under this article. The sampling may be required not more than
two times a year, except when required by the health officer in conjunction with
action taken pursuant to paragraph (k) of this subsection (1). The local public health
agency may charge a fee not to exceed actual costs, plus locally established
mileage reimbursement rates for each mile traveled from the principal office of the
local public health agency to the site of the system and return, for each sample
collected and tested, and payment of such charges may be stated in the permit for
the system as a condition for its continued use. Any owner or occupant of property
on which an on-site wastewater treatment system is located may request the local
public health agency to collect and test an effluent sample from the system. The
local public health agency may, at its option, perform such collection and testing
services, and is entitled to charge a fee not to exceed actual costs, plus locally
established mileage reimbursement rates for each mile traveled from the principal
office of the local public health agency to the site of the system and return, for
each sample collected and tested.
(m) At the option of the local board of health, maintenance and cleaning
schedules and practices adequate to ensure proper functioning of various types of
on-site wastewater treatment systems. The local board of health may additionally
require proof of proper maintenance and cleaning, in compliance with the schedule
and practices adopted under this subsection (1), to be submitted periodically to the
local public health agency by the owner of the system.
(n) Disposal of septage at a site and in a manner that does not create a
hazard to the public health, a nuisance, or an undue risk of pollution.