Section 750.7b - Soil mottling(a) Within ninety days of the effective date of this section, the Environmental Quality Board shall promulgate proposed rules and regulations that govern the ability of local agencies to issue permits for the construction of individual residential on-lot sewage systems where soil mottling is present. The rules and regulations shall include, but not be limited to, the following: (1) A requirement that a local agency perform a percolation test when one is requested in writing by the owner of the property, at the owner's expense, where the local agency determines soil mottling is present.(2) Where the sole reason for a property not meeting the requirements for the installation of an individual residential on-lot sewage system is the presence of soil mottling, the local agency shall issue a permit for an individual residential on-lot sewage system designed to meet the department's standards where the property owner meets all of the following conditions: (i) A qualified soil scientist or qualified registered professional geologist, a certified sewage enforcement officer or qualified registered professional engineer, not employed by the local agency with jurisdiction over the property in question, confirms in writing that the soil mottling observed in the test pits is not an indication of either a regional or perched seasonal high water table.(ii) The property owner provides evidence of financial assurance to the local agency in an amount equal to the cost of replacement of the individual residential sewage system proposed and the reasonably anticipated cost of remedial measures to clean up contaminated groundwater, to replace any contaminated water supplies and to repair or replace a malfunction of the on-lot system. In no case shall the local agency approve financial assurance in an amount less than twenty thousand dollars ($20,000) or fifteen percent of the appraised value of the lot and proposed residential dwelling for each year up to three years. The local agency may require an additional two years' financial assurance. The local agency shall waive the financial assurance requirement after five years.(iii) The property owner provides notification to the local agency seven working days prior to conducting soil evaluations under this section, and a representative of the local agency may observe the soil evaluations and may review resulting reports and correspondence.(iv) The property owner produces evidence of a clause in the deed to the property that clearly indicates soil mottling is present on the property and that an individual residential on-lot sewage system meeting the requirements of this section was installed on the property.(b) The Environmental Quality Board shall promulgate rules and regulations that are to establish the specific types of financial assurance that are acceptable under this section, the procedures local agencies are to follow in forfeiting the financial assurance and the type of additional financial assurance required if the system approved under this section is replaced. The financial assurances may include an option where the local agency may offer for a fee financial assurance for systems installed under this section up to the amount established in subsection (a)(2)(ii).(c) The municipality, sewage enforcement officer and department shall not be held liable for the performance of an individual residential on-lot sewage system approved under this section. The local agency shall not be held liable for the performance of an individual residential on-lot sewage system approved under this section, except where financial assurance is provided by the local agency under subsection (b).1966, Jan. 24, P.L. (1965) 1535, No. 537, § 7.2, added 1994, Dec. 14, P.L. 1250, No. 149, § 5, effective in 365 days.