(1) Rules adopted by local boards of health under section 25-10-104 (2) or (4) or promulgated by the commission under section 2510-104 (1) govern all aspects of the location, design, construction, performance, alteration, installation, and use of on-site wastewater treatment systems and must include minimum standards established by the commission.
(2) (a) A local board of health may grant variances to OWTS rules in accordance with the criteria adopted by the commission under this article.
(b) Applicants for a variance from OWTS rules have the burden of supplying the local board of health with information demonstrating that conditions exist that warrant the granting of the variance.
Source: L. 97: Entire article amended with relocations, p. 126, § 1, effective July 1. L. 2004: (1)(f) to (1)(h) and (1)(l) amended, p. 1312, § 61, effective May 28. L. 2006: (1)(g) and (2)(a) amended, p. 1130, § 8, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 485, § 1, effective August 8. L. 2013: (1) amended, (HB 13-1300), ch. 316, p. 1689, § 78, effective August 7.