§130A‑336. Improvement permit and authorization for wastewater systemconstruction required.
(a) Any proposed sitefor a residence, place of business, or place of public assembly in an area notserved by an approved wastewater system shall be evaluated by the local healthdepartment in accordance with rules adopted pursuant to this Article. Animprovement permit shall be issued in compliance with the rules adoptedpursuant to this Article. An improvement permit shall include:
(1) For permits that arevalid without expiration, a plat or, for permits that are valid for five years,a site plan.
(2) A description of thefacility the proposed site is to serve.
(3) The proposedwastewater system and its location.
(4) The designwastewater flow and characteristics.
(5) The conditions forany site modifications.
(6) Any otherinformation required by the rules of the Commission.
The improvement permit shall notbe affected by change in ownership of the site for the wastewater systemprovided both the site for the wastewater system and the facility the systemserves are unchanged and remain under the ownership or control of the personowning the facility. No person shall commence or assist in the construction,location, or relocation of a residence, place of business, or place of publicassembly in an area not served by an approved wastewater system unless animprovement permit and an authorization for wastewater system construction areobtained from the local health department. This requirement shall not apply toa manufactured residence exhibited for sale or stored for later sale andintended to be located at another site after sale.
(b) The local healthdepartment shall issue an authorization for wastewater system constructionauthorizing work to proceed and the installation or repair of a wastewatersystem when it has determined after a field investigation that the system canbe installed and operated in compliance with this Article and rules adoptedpursuant to this Article. This authorization for wastewater systemconstruction shall be valid for a period equal to the period of validity of theimprovement permit, not to exceed five years, and may be issued at the sametime the improvement permit is issued. No person shall commence or assist inthe installation, construction, or repair of a wastewater system unless animprovement permit and an authorization for wastewater system construction havebeen obtained from the Department or the local health department. Noimprovement permit or authorization for wastewater system construction shall berequired for maintenance of a wastewater system. The Department and the localhealth department may impose conditions on the issuance of an improvementpermit and an authorization for wastewater system construction.
(c) Unless theCommission otherwise provides by rule, plans, and specifications for allwastewater systems designed for the collection, treatment, and disposal ofindustrial process wastewater shall be reviewed and approved by the Departmentprior to the issuance of an authorization for wastewater system construction bythe local health department.
(d) If a local healthdepartment repeatedly fails to issue or deny improvement permits forconventional septic tank systems within 60 days of receiving completedapplications for the permits, then the Department of Environment and NaturalResources may withhold public health funding from that local health department.(1973, c. 452, s. 5; c. 476, s. 128; 1981, c. 949, s. 3; 1983, c. 891,s. 2; 1985, c. 273; 1991, c. 256, s. 2; 1991 (Reg. Sess., 1992), c. 944, s. 5;1995, c. 285, s. 1; 1995 (Reg. Sess., 1996), c. 585, s. 3; 1996, 2nd Ex. Sess.,c. 18, s. 27.31(d)‑(f); 1997‑443, ss. 11A.83, 11A.119(a).)
§130A‑336. Improvement permit and authorization for wastewater systemconstruction required.
(a) Any proposed sitefor a residence, place of business, or place of public assembly in an area notserved by an approved wastewater system shall be evaluated by the local healthdepartment in accordance with rules adopted pursuant to this Article. Animprovement permit shall be issued in compliance with the rules adoptedpursuant to this Article. An improvement permit shall include:
(1) For permits that arevalid without expiration, a plat or, for permits that are valid for five years,a site plan.
(2) A description of thefacility the proposed site is to serve.
(3) The proposedwastewater system and its location.
(4) The designwastewater flow and characteristics.
(5) The conditions forany site modifications.
(6) Any otherinformation required by the rules of the Commission.
The improvement permit shall notbe affected by change in ownership of the site for the wastewater systemprovided both the site for the wastewater system and the facility the systemserves are unchanged and remain under the ownership or control of the personowning the facility. No person shall commence or assist in the construction,location, or relocation of a residence, place of business, or place of publicassembly in an area not served by an approved wastewater system unless animprovement permit and an authorization for wastewater system construction areobtained from the local health department. This requirement shall not apply toa manufactured residence exhibited for sale or stored for later sale andintended to be located at another site after sale.
(b) The local healthdepartment shall issue an authorization for wastewater system constructionauthorizing work to proceed and the installation or repair of a wastewatersystem when it has determined after a field investigation that the system canbe installed and operated in compliance with this Article and rules adoptedpursuant to this Article. This authorization for wastewater systemconstruction shall be valid for a period equal to the period of validity of theimprovement permit, not to exceed five years, and may be issued at the sametime the improvement permit is issued. No person shall commence or assist inthe installation, construction, or repair of a wastewater system unless animprovement permit and an authorization for wastewater system construction havebeen obtained from the Department or the local health department. Noimprovement permit or authorization for wastewater system construction shall berequired for maintenance of a wastewater system. The Department and the localhealth department may impose conditions on the issuance of an improvementpermit and an authorization for wastewater system construction.
(c) Unless theCommission otherwise provides by rule, plans, and specifications for allwastewater systems designed for the collection, treatment, and disposal ofindustrial process wastewater shall be reviewed and approved by the Departmentprior to the issuance of an authorization for wastewater system construction bythe local health department.
(d) If a local healthdepartment repeatedly fails to issue or deny improvement permits forconventional septic tank systems within 60 days of receiving completedapplications for the permits, then the Department of Environment and NaturalResources may withhold public health funding from that local health department.(1973, c. 452, s. 5; c. 476, s. 128; 1981, c. 949, s. 3; 1983, c. 891,s. 2; 1985, c. 273; 1991, c. 256, s. 2; 1991 (Reg. Sess., 1992), c. 944, s. 5;1995, c. 285, s. 1; 1995 (Reg. Sess., 1996), c. 585, s. 3; 1996, 2nd Ex. Sess.,c. 18, s. 27.31(d)‑(f); 1997‑443, ss. 11A.83, 11A.119(a).)
§130A‑336. Improvement permit and authorization for wastewater systemconstruction required.
(a) Any proposed sitefor a residence, place of business, or place of public assembly in an area notserved by an approved wastewater system shall be evaluated by the local healthdepartment in accordance with rules adopted pursuant to this Article. Animprovement permit shall be issued in compliance with the rules adoptedpursuant to this Article. An improvement permit shall include:
(1) For permits that arevalid without expiration, a plat or, for permits that are valid for five years,a site plan.
(2) A description of thefacility the proposed site is to serve.
(3) The proposedwastewater system and its location.
(4) The designwastewater flow and characteristics.
(5) The conditions forany site modifications.
(6) Any otherinformation required by the rules of the Commission.
The improvement permit shall notbe affected by change in ownership of the site for the wastewater systemprovided both the site for the wastewater system and the facility the systemserves are unchanged and remain under the ownership or control of the personowning the facility. No person shall commence or assist in the construction,location, or relocation of a residence, place of business, or place of publicassembly in an area not served by an approved wastewater system unless animprovement permit and an authorization for wastewater system construction areobtained from the local health department. This requirement shall not apply toa manufactured residence exhibited for sale or stored for later sale andintended to be located at another site after sale.
(b) The local healthdepartment shall issue an authorization for wastewater system constructionauthorizing work to proceed and the installation or repair of a wastewatersystem when it has determined after a field investigation that the system canbe installed and operated in compliance with this Article and rules adoptedpursuant to this Article. This authorization for wastewater systemconstruction shall be valid for a period equal to the period of validity of theimprovement permit, not to exceed five years, and may be issued at the sametime the improvement permit is issued. No person shall commence or assist inthe installation, construction, or repair of a wastewater system unless animprovement permit and an authorization for wastewater system construction havebeen obtained from the Department or the local health department. Noimprovement permit or authorization for wastewater system construction shall berequired for maintenance of a wastewater system. The Department and the localhealth department may impose conditions on the issuance of an improvementpermit and an authorization for wastewater system construction.
(c) Unless theCommission otherwise provides by rule, plans, and specifications for allwastewater systems designed for the collection, treatment, and disposal ofindustrial process wastewater shall be reviewed and approved by the Departmentprior to the issuance of an authorization for wastewater system construction bythe local health department.
(d) If a local healthdepartment repeatedly fails to issue or deny improvement permits forconventional septic tank systems within 60 days of receiving completedapplications for the permits, then the Department of Environment and NaturalResources may withhold public health funding from that local health department.(1973, c. 452, s. 5; c. 476, s. 128; 1981, c. 949, s. 3; 1983, c. 891,s. 2; 1985, c. 273; 1991, c. 256, s. 2; 1991 (Reg. Sess., 1992), c. 944, s. 5;1995, c. 285, s. 1; 1995 (Reg. Sess., 1996), c. 585, s. 3; 1996, 2nd Ex. Sess.,c. 18, s. 27.31(d)‑(f); 1997‑443, ss. 11A.83, 11A.119(a).)
