701.040. Standards for sewage tanks, lateral lines and operation of on-site sewage disposal systems, duties of department--rules authorized.
Standards for sewage tanks, lateral lines and operation of on-sitesewage disposal systems, duties of department--rules authorized.
701.040. 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 orpermeability rate of the soil, construction, installation, and operation ofon-site sewage disposal systems. Advice from the department of naturalresources shall be considered. City or county governments may adopt, by orderor ordinance, the state standard in accordance with the provisions of sections701.025 to 701.059. In any jurisdiction where a city or county has notadopted the state standard, the department of health and senior services shallenforce the state standard until such time as the city or county adopts thestandard;
(2) Define by rule a list of those persons who are qualified to performthe percolation tests or soils morphology tests required by the statestandard. The list shall include the following:
(a) Persons trained and certified by either the department, which shallinclude on-site sewage disposal system contractors or a certified agent of thedepartment;
(b) Licensed engineers as defined in section 327.011, RSMo;
(c) Sanitarians meeting standards defined by the department;
(d) Qualified geologists as defined in section 256.501, RSMo; and
(e) Soil scientists, defined as a person that has successfully completedat least fifteen semester credit hours of soils science course work, includingat least three hours of course work in soil morphology and interpretations;
(3) Develop in accordance with sections 701.053 to 701.055 a voluntaryregistration program for on-site sewage disposal system contractors. Approvedcounty programs shall implement the contractor registration program. In anyarea where a county has not adopted, by order or ordinance, the contractorregistration program, the department shall implement the program until suchtime as the county adopts the registration program;
(4) Establish an education training program specifically developed forcontractors and city and county employees. Contractors may be taught andallowed to perform percolation tests. Reasonable fees may be charged of theparticipants to cover the cost of the training and shall be deposited in thepublic health services fund created in section 192.900, RSMo. The departmentshall provide, as a part of the education training program, an installationmanual for on-site sewage disposal systems. The manual shall also be madeavailable, at the cost of publication and distribution, to persons notparticipating in the education and training program;
*(5) Periodically review, but not more than annually, any county's orcity's ordinance or order and enforcement record to assure that the statestandard is being consistently and appropriately enforced. In its review thedepartment shall assess the timeliness of the county's or city's inspectionsof on-site sewage systems, and county or city enforcement may be terminated ifthe department determines that the county or city is unable to provide promptinspections. If the department determines that the standard is not beingconsistently or appropriately enforced in any city or county, the departmentshall notify the county or city of the department's intent to enforce thestandard in that jurisdiction and after thirty days' notice hold a publichearing in such county or city to make a determination as to whether the stateshall enforce the state standard. Any city or county aggrieved by a decisionof the department may appeal a decision of the department to the state boardof health established under section 191.400, RSMo. Any city or countyaggrieved by a decision of the state board of health may appeal that decisionto the administrative hearing commission in the manner provided in section621.120, RSMo; and
(6) Promulgate such rules and regulations as are necessary to carry outthe provisions of sections 701.025 to 701.059.
2. Subdivision (5) of this section shall be void and of no effect afterJanuary 1, 1998.
(L. 1994 S.B. 446)*Subdivision (5) is void and of no effect after 1-1-98.