Current through the 2024 Regular Session
Section 41-67-9 - [Repealed Effective 7/1/2028] Grandfathering in of existing individual on-site wastewater disposal systems until certain occurrences; requirements for approval(1) All existing individual on-site wastewater disposal systems on July 1, 2014, shall be grandfathered in until a valid complaint is registered with a county department of health or until a property owner requests an inspection by the department.(2) All existing individual on-site wastewater disposal systems shall be considered acceptable provided the following requirements are met: (a) The existing individual on-site wastewater disposal system and all treated effluent is contained on the property of the generator;(b) No evidence that any insufficiently treated effluent is leaving the property of the generator or has been seeping to the surface of the ground;(c) Centralized wastewater treatment systems are not available;(d) If a private water supply well is present, the well should be located at a higher elevation than the disposal system and is protected from surface contamination by a concrete slab of a thickness of at least four (4) inches extending at least two (2) feet in all directions from the well casing; and(e) If an advanced treatment system is used, the property owner shall be required to contact an authorized representative of a certified manufacturer of the specific advanced treatment system to provide a continuous maintenance agreement or provide the property owner training to become a qualified homeowner maintenance provider.(3) Owners of property on which an existing individual on-site wastewater disposal system does not meet the requirements of subsection (2) of this section shall be required by the department to meet Section 41-67-6 or Section 41-67-21.Laws, 1996, ch. 516, § 9; reenacted without change, Laws, 2001, ch. 578, § 9; reenacted without change, Laws, 2002, ch. 493, § 9; reenacted without change, Laws, 2003, ch. 525, § 9; reenacted and amended, Laws, 2005, ch. 545, § 9; reenacted without change, Laws, 2006, ch. 391, § 8; reenacted and amended, Laws, 2008, ch. 563, § 8; reenacted without change, Laws, 2011, ch. 544, § 8, eff. 4/26/2011.Reenacted by Laws, 2023, ch. 401, HB 522,§ 8, eff. 7/1/2023.Repealed by the terms of § 41-67-31, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.Amended by Laws, 2013, ch. 513, HB 719, 8, eff. 7/1/2013.