Definitions.

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As used in this article 10, unless the context otherwise requires:

  1. "Absorption system" means a leaching field and adjacent soils or other system for thetreatment of sewage in an on-site wastewater treatment system by means of absorption into the ground.

  2. "Applicant" means a person who submits an application for a permit for an on-sitewastewater treatment system.

  3. "Cesspool" means an unlined or partially lined underground pit or underground perforated receptacle into which raw household wastewater is discharged and from which the liquid seeps into the surrounding soil. "Cesspool" does not include a septic tank.

  4. "Commission" means the water quality control commission created by section 25-8201.

  5. "Department" means the department of public health and environment created bysection 25-1-102.

  6. "Division" means the division of administration of the department.

  7. "Effluent" means the liquid flowing out of a component or device of an on-site wastewater treatment system.

  8. "Environmental health specialist" means a person trained in physical, biological, orsanitary science to carry out educational and inspectional duties in the field of environmental health.

  9. "Health officer" means the chief administrative and executive officer of a local public health agency, or the appointed health officer of the local board of health. "Health officer" includes a director of a local public health agency.

  10. "Local board of health" means any local, county, or district board of health.

  11. "Local public health agency" means any county, district, or municipal public healthagency and may include a county, district, or municipal board of health or local agency delegated by a county, district, or municipal board of health to oversee OWTS permitting and inspection or an OWTS program.

  12. "On-site wastewater treatment system" or "OWTS" and, where the context so indicates, the term "system", means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not a part of or connected to a sewage treatment works.

  13. "Percolation test" means a subsurface soil test at the depth of a proposed absorptionsystem or similar component of an on-site wastewater treatment system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed.

  14. "Permit" means a permit for the construction or alteration, installation, and use orfor the repair of an on-site wastewater treatment system.

  15. "Person" means an individual, partnership, firm, corporation, association, or otherlegal entity and also the state, any political subdivision thereof, or other governmental entity.

  16. "Professional engineer" means an engineer licensed in accordance with part 2 ofarticle 120 of title 12.

  17. "Septage" means a liquid or semisolid that includes normal household wastes, human excreta, and animal or vegetable matter in suspension or solution generated from a residential septic tank system. "Septage" may include such material issued from a commercial establishment if the commercial establishment can demonstrate to the department that the material meets the definition for septage set forth in this subsection (17). "Septage" does not include chemical toilet residuals.

  18. "Septic tank" means a watertight, accessible, covered receptacle designed and constructed to receive sewage from a building sewer, settle solids from the liquid, digest organic matter, store digested solids through a period of retention, and allow the clarified liquids to discharge to other treatment units for final disposal.

  19. "Sewage" means a combination of liquid wastes that may include chemicals, housewastes, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solution, and that is discharged from a dwelling, building, or other establishment.

  20. "Sewage treatment works" has the same meaning as "domestic wastewater treatment works" under section 25-8-103.

  21. "Soil evaluation" means a percolation test, soil profile, or other subsurface soil analysis at the depth of a proposed soil treatment area or similar component or system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed or as an application rate of gallons per square foot per day.

  22. "Soil treatment area" means the physical location where final treatment and dispersal of effluent occurs. "Soil treatment area" includes drainfields and drip fields.

  23. "State waters" has the meaning set forth under section 25-8-103.

  24. "Systems cleaner" means a person engaged in and who holds himself or herself outas a specialist in the cleaning and pumping of on-site wastewater treatment systems and removal of the residues deposited in the operation thereof.

  25. "Systems contractor" means a person engaged in and who holds himself or herselfout as a specialist in the installation, renovation, and repair of on-site wastewater treatment systems.

Source: L. 97: Entire article amended with relocations, p. 122, § 1, effective July 1. L. 2004: (16) amended, p. 1312, § 60, effective May 28. L. 2006: (2.5) added and (8) and (21) amended, p. 1129, § 6, effective July 1. L. 2010: (11) and (12) amended, (HB 10-1422), ch. 419, p. 2105, § 121, effective August 11. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 482, § 1, effective August 8. L. 2019: IP and (16) amended, (HB 19-1172), ch. 136, p. 1704, § 165, effective October 1.


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