Ala. Admin. Code r. 420-3-1-.36

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-1-.36 - Recording Requirements

(1) The LHD shall sign a surveyed plat, if applicable, to be recorded when the appropriate ADPH application forms have been completed and approved.

(2) A plat to be recorded for lots that will have an OSS shall have one of the following statements on the plat:

(a) For lots with individual systems on each lot it shall read:

"The lot(s) on this plat are subject to approval or deletion by the (name of county) LHD. No representation is made that anyloton this plat will accommodate an Onsite Sewage System (OSS). The appropriateness of a lot for wastewater sewage treatment and disposal shall be determined when an application is submitted. If permitted, the lot approval may contain certain conditions which restrict the use of the lot or obligate owners to special maintenance and reporting requirements, and these are on file with said health department and are made a part of this plat as if set out here on."

(b) For lots on a Cluster Wastewater System it shall say:

"The Health Department signature is for recording purposes and signifies that the Department is aware of this development and sees no obvious impediments to the planned sanitary sewer system serving the lots as it was presented."

(c) When requested, for any system not regulated by ADPH, it shall say:

"This Health Department signature is for recording purposes only."

(d) These statements may be modified at the discretion of the LHD.

(e) All the items that are required on the surveyed plat on record in the LHD do not have to be on the recorded plat so long as the statements above are on the recorded plat.

(3) The owner of any lots that contain an Engineered OSS that is notpart of a Large- Flow Development with a plat recorded after March 19, 2006, shall execute and record the covenant to run with the land (ADPH Form CEP-7) before an Approval for Use may be issued by the LHD.

(4) All required recordings shall be completed before an Approval for Use is issued by the LHD.

Ala. Admin. Code r. 420-3-1-.36

Filed July 20, 1988. Amended: Filed June 19, 1992. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 04, January 31, 2017, eff. 3/5/2017.

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 03, December 30, 2022, eff. 2/13/2023.

Previous Rule .54 was renumbered .36 per certification published December 30, 2022; effective February 13, 2023.

SITE EVALUATION

Author: Thad Pittman, Matthew Conner, Ken Stephens, Bob Bright

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(4); 22-2-2(6); 22-10-1, et seq.; 22-26-1et seq; 22-25B-1, et seq.