701.052. Violator found guilty not to begin construction for another person without bond or letter of credit--forfeiture when, effect--emergency repairs of--effect.
Violator found guilty not to begin construction for another personwithout bond or letter of credit--forfeiture when, effect--emergencyrepairs of--effect.
701.052. 1. A person who has, within the precedingtwenty-four months, been found guilty or pleaded guilty to aviolation of section 701.046, 701.047, 701.048 or 701.050 may notbegin construction, major modification or major repair of anon-site sewage disposal system that is owned by another personunless the person constructing, modifying or repairing the systemhas provided to the department a performance bond or letter ofcredit as provided under this section.
2. The bond or letter shall be conditioned upon faithfulcompliance with the state standard for on-site sewage disposalsystems established under sections 701.025 to 701.059 and shallbe in the amount of five thousand dollars.
3. Such performance bond, placed on file with thedepartment, shall be in one of the following forms:
(1) A performance bond, payable to the department andissued by an institution authorized to issue such bonds in thisstate; or
(2) An irrevocable letter of credit issued in favor of andpayable to the department from a commercial bank or savings andloan having an office in the state of Missouri.
4. Upon a determination by the department that a person hasfailed to construct, modify or repair an on-site sewage disposalsystem in compliance with the state standard, the departmentshall notify the person that the bond or letter of credit shallbe forfeited and the moneys placed in the Missouri public healthservices fund for remedial action, if that person does not bringthe system up to the state standard established under sections701.025 to 701.059 within thirty days after notice of suchdetermination has been given.
5. If the system is not brought into compliance with thestate standard within thirty days, the department shall, withinthirty days of the expiration of the notice period, expendwhatever portion of the bond or letter of credit is necessary tohire a registered on-site sewage disposal system contractor tobring the system into compliance with the state standard.
6. The requirement for a person to provide a performancebond or a letter of credit under this section shall cease forthat person after two consecutive years in which the person hasnot been found guilty or pleaded guilty to a violation of section701.046, 701.047, 701.048 or 701.050.
7. Emergency major modification or major repair of theon-site sewage disposal system made to relieve an imminent healthhazard may be made without a permit, but the city, county ordepartment shall be notified not later than the fifth working dayafter the date on which the repair is made, and the city, countyor department shall establish an expedited review process foremergency major modifications or major repairs.
(L. 1994 S.B. 446)