§ 23-19.5-2. Certification by department of environmental management.
(a) Prior to advertising or representing any parcel of property as being for sale or other
transfer or conveyance as a "buildable� or "developable� property, so called, the
seller shall cause a registered professional engineer or registered professional land
surveyor to submit and receive approval of any applications, plans, specifications,
fees, percolation tests, groundwater table elevation determinations and other compilations
of information as may be required by the department of environmental management in
order to certify the property's suitability for development as a subdivision or to
approve or renew an approval for the installation of an individual sewage disposal
system on the property. No building shall be erected on the property after this unless
an approval for the installation of an individual sewage disposal system has been
issued and remains valid in accordance with the rules and regulations of the department
of environmental management.
(b) No subdivision certification or approval or renewal for the installation of an individual
sewage disposal system shall be issued by the department unless the application for
this certification, approval or renewal is accompanied by valid tests, determinations,
and/or data in accordance with this chapter.
(c)(1) All tests, determinations and/or data necessary for the design and installation of
an individual sewage disposal system, compiled by a registered professional engineer
or registered professional land surveyor after January 1, 1992 and certified in accordance
with subsection (a) shall be considered valid, provided that at the time of application
to install, construct or alter a system using these tests, determination, and/or data,
that a registered professional engineer or registered professional land surveyor shall
present to the department of environmental management an affidavit, in a form satisfactory
to the department, stating that the tests, determinations and/or data are still valid
and that there have been no significant changes to the property and/or surrounding
properties that would adversely affect the validity of the tests, determinations,
and/or data previously obtained and/or submitted.
(2) All tests, determinations and/or data necessary for the design and installation of
an individual sewage disposal system, compiled by a registered professional engineer
or registered professional land surveyor between July 21, 1987 and January 1, 1992
certified in accordance with subsection (a) shall be considered valid provided that
at the time of application to install, construct, alter, or repair a system using
the tests, determinations, and/or data, that a registered professional engineer or
registered professional land surveyor shall present an affidavit, in form satisfactory
to the department of environmental management, stating that the tests, determination
and/or data are still valid and that there have been no significant changes to the
property and/or surrounding properties that would adversely affect the validity of
the tests, determinations, and/or data previously obtained and/or submitted; provided,
however, that the director of the department of environmental management reserves
the right to require additional tests, determinations and/or data for the design and
installation upon the finding of good cause.
(d) When a person seeks to both renew tests, determinations, or data that have been relied
upon by the department of environmental management in approving an application and
seeks also to renew the approval, the application for renewal of the approval and
tests, determinations and/or data shall be accompanied by the affidavit of a registered
professional engineer or registered professional land surveyor, as described in subsection
(c) of this section, and new or revised plans and specifications for the previously
approved sewage disposal system that meet the department's current regulatory requirements.