§ 14-236-107 - Division of Sanitarian Services -- Powers and duties.
               	 		
14-236-107.    Division of Sanitarian Services -- Powers and duties.
    (a)  The  Division of Sanitarian Services of the Department of Health or its  authorized agents shall have general supervision and authority over the  location, design, construction, installation, and operation of  individual sewage disposal systems, and shall be responsible for the  administration of this chapter and of the rules and regulations adopted  pursuant to this chapter.
(b)  In  order to assure the effective and efficient administration of the  provisions and purposes of this chapter, the Division of Sanitarian  Services of the Department of Health is authorized to:
      (1)  After  review by the House and Senate Interim Committees on Public Health,  Welfare, and Labor or appropriate subcommittees thereof adopt, and from  time to time amend, rules and regulations governing the review and  approval of subdivisions proposing to utilize individual sewage disposal  systems as the means of sewage disposal for part or all of the lots in  the subdivision and the location, design, construction, installation,  and operation of individual sewage disposal systems proposed for or  located in subdivisions or in platted or unplatted lots or tracts of  land pursuant to the procedures provided in the Arkansas Administrative  Procedure Act,    25-15-201 et seq., in order that the wastes from the  systems will not pollute any potable water supply, or source of water  used for public or domestic supply purposes, or for recreational  purposes, or other waters of this state, and will not give rise to a  public health hazard by being accessible to insects, rodents, or other  possible carriers which may come into contact with food or potable  water, or by being accessible to human beings, and will not constitute a  nuisance due to odor or unsightly appearance;
      (2)  Include  a provision in all rules and regulations adopted or amended under this  chapter to encourage studies and alternate submissions by engineers,  sanitarians, institutions, agencies, and other persons of economically  feasible alternate systems for underground and above ground individual  sewage disposal systems for use in soils not suitable for normal  underground sewage disposal;
      (3)  Include  in rules and regulations adopted pursuant to this chapter, definitions  and detailed descriptions of good management practices and procedures  which, when utilized in the construction of septic systems, will:
            (A)  Justify variation in field size or in other standard requirements;
            (B)  Promote  the use of good management practices or procedures in the construction  of septic systems by adopting under the rules and regulations  promulgated under this chapter standard permissible reductions in field  size which may be applied when the management practices or procedures  are utilized in the construction of a septic system;
            (C)  Require  the utilization of one (1) or more specific management practices or  procedures as a condition of approval of standard septic systems where,  in the opinion of the authorized agent, unusual site conditions or  problems require the additional management practices or procedures to  ensure the proper operation of an otherwise standard septic system;
      (4)  Enforce the provisions of this chapter and any rules and regulations adopted pursuant thereto;
      (5)  Delegate,  at its discretion, to any municipality or, in the case of an  unincorporated subdivision, the property owners association, any of its  authority under this chapter in the administration of the rules and  regulations adopted pursuant to this chapter;
      (6)  Issue  permits, and other documents, including the establishment and  collection of permit fees and of procedures and forms for the  submission, review, approval, and rejection of application for permits  required under this chapter.