The local health officer may grant a waiver from specific requirements adopted by the state board of health for on-site sewage systems if:
(1) The on-site sewage system for which a waiver is requested is for sewage flows under three thousand five hundred gallons per day;
(2) The waiver request is evaluated by the local health officer on an individual, site-by-site basis;
(3) The local health officer determines that the waiver is consistent with the standards in, and the intent of, the state board of health rules; and
(4) The local health officer submits quarterly reports to the department regarding any waivers approved or denied.
Based on review of the quarterly reports, if the department finds that the waivers previously granted have not been consistent with the standards in, and intent of, the state board of health rules, the department shall provide technical assistance to the local health officer to correct the inconsistency, and may notify the local and state boards of health of the department's concerns.
If upon further review of the quarterly reports, the department finds that the inconsistency between the waivers granted and the state board of health standards has not been corrected, the department may suspend the authority of the local health officer to grant waivers under this section until such inconsistencies have been corrected.
[ 1995 c 263 § 1.]