Ala. Admin. Code r. 420-3-1-.05

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

Section 420-3-1-.05 - Requirements For An OSS/EDS

(1) No person shall occupy, rent, lease, sell, possess, or allow a building to be occupied as a dwelling or establishment unless said building is provided with an approved sewage disposal system.

(2) An OSS/ED8 shall be properly sited, designed, constructed, installed, operated, and maintained so that it:

(a) Does not create a public health hazard or nuisance and does not attract flies, mosquitoes, or other vectors.

(b) Does not contaminate a water of the state.

(c) Does not violate federal or state laws or regulations governing water pollution or sewage disposal.

(3) A lot or parcel on which an OSS/EDS is located or proposed shall not be altered or built upon so that the EDF/REDF/discharge area are adversely affected, nor shall the site be improved or developed in excess of its capacity to properly treat and/or absorb effluent in the quantities and by a means provided for by these rules. The acceptability of a lot or site to support an OSS/EDS of a type and size permitted by these rules shall be determined by a site evaluation and professionally certified soil data, site conditions, daily sewage flow and characteristics, and LHD or ADPH evaluation.

(4) A lot or parcel on which an OSS/EDS is located or is to be located shall not be divided for the purpose of building development so that the lot or parcel is smaller than the permitted size without submitting a new permit application to the LHD.

(5) Only treatment and disposal equipment that are permitted or approved shall be used for an OSS/EDS.

(6) The installation of an OSS/EDS shall comply with the requirements and conditions of its permit.

(7) Any person who installs, repairs, maintains, and/or certifies installation of an 088/EDS shall be licensed by the AOWB or be exempt from such licensure pursuant to § 34-2lA-let seq., Code of Ala. 1975.

Ala. Admin. Code r. 420-3-1-.05

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 Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006.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 .03 was renumbered .05 per certification published December 30, 2022; effective February 13, 2023.

Authors: Thad Pittman, Leigh Salter, Patricia Lindsey, 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.