Effective - 28 Aug 2018, 2 histories
701.040. Standards for sewage tanks, lateral lines and operation of on-site sewage disposal systems, duties of department — rules authorized. — 1. The department of health and senior services shall:
(1) Develop by September 1, 1995, a state standard for the location, size of sewage tanks and length of lateral lines based on the percolation or permeability rate of the soil, construction, installation, and operation of on-site sewage disposal systems. Advice from the department of natural resources shall be considered. City or county governments may adopt, by order or ordinance, the state standard in accordance with the provisions of sections 701.025 to 701.059. In any jurisdiction where a city or county has not adopted the state standard, the department of health and senior services shall enforce the state standard until such time as the city or county adopts the standard;
(2) Define by rule a list of those persons who are qualified to perform the percolation tests or soils morphology tests required by the state standard. The list shall include the following:
(a) Persons trained and certified by either the department, which shall include on-site sewage disposal system contractors or a certified agent of the department;
(b) Licensed engineers as defined in section 327.011*;
(c) Sanitarians meeting standards defined by the department;
(d) Qualified geologists as defined in section 256.501**; and
(e) "Soil scientists", defined as a person that has successfully completed at least fifteen semester credit hours of soils science course work, including at least three hours of course work in soil morphology and interpretations;
(3) Develop in accordance with sections 701.053 to 701.055 a voluntary registration program for on-site sewage disposal system contractors. Approved county programs shall implement the contractor registration program. In any area where a county has not adopted, by order or ordinance, the contractor registration program, the department shall implement the program until such time as the county adopts the registration program;
(4) Establish an education training program specifically developed for contractors and city and county employees. Contractors may be taught and allowed to perform percolation tests. Reasonable fees may be charged of the participants to cover the cost of the training and shall be deposited in the public health services fund created in section 192.900. The department shall provide, as a part of the education training program, an installation manual for on-site sewage disposal systems. The manual shall also be made available, at the cost of publication and distribution, to persons not participating in the education and training program;
***(5) Periodically review, but not more than annually, any county's or city's ordinance or order and enforcement record to assure that the state standard is being consistently and appropriately enforced. In its review the department shall assess the timeliness of the county's or city's inspections of on-site sewage systems, and county or city enforcement may be terminated if the department determines that the county or city is unable to provide prompt inspections. If the department determines that the standard is not being consistently or appropriately enforced in any city or county, the department shall notify the county or city of the department's intent to enforce the standard in that jurisdiction and after thirty days' notice hold a public hearing in such county or city to make a determination as to whether the state shall enforce the state standard. Any city or county aggrieved by a decision of the department may appeal a decision of the department to the state board of health and senior services established under section 191.400. Any city or county aggrieved by a decision of the state board of health and senior services may appeal that decision to the administrative hearing commission in the manner provided in section 621.120; and
(6) Promulgate such rules and regulations as are necessary to carry out the provisions of sections 701.025 to 701.059.
2. Subdivision (5) of this section shall be void and of no effect after January 1, 1998.
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(L. 1994 S.B. 446, A.L. 2018 S.B. 843)
* "Licensed engineers" is not defined in section 327.011.
**Section 256.501 was repealed by S.B. 649, 1994.
***Subdivision (5) is void and of no effect after 1-1-98.