SB 523
Modifies provisions relating to sewage regulation
LR Number:
Last Action:
3/23/2023 - Second Read and Referred S Commerce, Consumer Protection, Energy and the Environment Committee
Journal Page:
Effective Date:
August 28, 2023

Current Bill Summary

SB 523 - This act modifies provisions relating to sewage regulation.

Currently, a state standard for the location, size of sewage tanks and length of lateral lines is based on the percolation or permeability rate of the soil. This act repeals this provision and creates a new provision stating that such state standard is based on soil properties.

This act repeals the provision stating that soil tests are to be performed by persons who are qualified to perform the percolation tests and creates a new provision authorizing onsite soil evaluators registered by the Department of Health and Senior Services to conduct soil morphology evaluations.

This act repeals the provision stating that contractors may be taught and allowed to perform percolation tests.

Currently, the Department shall periodically review any county and city regulation and enforcement record to ensure that the state standard is being enforced. It this review, the Department shall assess the timeliness of the county's or city's inspection of on-site sewage systems and terminate enforcement if the Department determines that such county or city are unable to timely inspect on-site sewage systems. The Department shall notify the county or city of the Department's intent to enforce the state standard if the Department determines that such county or city failed to timely enforce the state standard. There must be a thirty day public notice and hearing to determine as to whether the Department shall enforce the state standard. The Department's decision may be appealed in an administrative hearing commission. This act repeals these provisions.

This act creates a mandatory registration program requiring continuing education until January 1, 2024, for onsite wastewater treatment system professionals qualified to perform percolation tests in accordance with the state standard as described in the act. The administrative authority may accept a percolation test at its own discretion until January 1, 2024, if a soil morphology evaluation cannot be reasonably obtained. This provision shall be void and of no effect as of January 1, 2024, under the act.

Under the act, any person who intends to construct or make major modifications or repairs to on-site sewage disposal system must submit an application fee and obtain a construction permit.

This act repeals the provision stating that the fee for on-site sewage modification and repair shall be set at an amount no greater than necessary to cover the cost to implement the state standard for on-site sewage disposal systems and the registration of contractors.

Currently, the Department shall establish the fee for on-site sewage disposal system modification and repair by rule at an amount no greater than ninety dollars. The Department may charge an additional fee as necessary to cover the expenses of training those contractors electing to perform the percolation tests. This act repeals this provision and creates a new provision stating that the Department shall promulgate regulations establishing the conditions and requirements for the construction permit application including the collection of reasonable fees set at a level to produce revenue not exceeding the cost and expense of administering the provisions under the act.

This act is substantially similar to HB 814 (2023).



No Amendments Found.