§ 1974 - Exemptions
§ 1974. Exemptions
Notwithstanding any other requirements of this chapter, the following projects and actions are exempt:
(1)(A) All buildings or structures, campgrounds, and their associated potable water supplies and waste water systems that were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007. This exemption shall remain in effect provided:
(i) No action for which a permit is required under this chapter or the rules adopted under this chapter is taken or caused to be taken on or after January 1, 2007, unless such action is exempt under one of the other permitting exemptions listed in this section or in the rules adopted under this chapter; and
(ii) If a permit has been issued under this chapter or the rules adopted under this chapter before January 1, 2007 that contained conditions that required actions to be taken on or after January 1, 2007, including, but not limited to, conditions concerning operation and maintenance and transfer of ownership, the permittee continues to comply with those permit conditions.
(B) If a permit or permit amendment is required because the potable water supply or wastewater system has failed, the secretary may issue a permit that allows for a variance in accordance with the standards contained in section 1973 of this chapter, the rules adopted under this chapter, and the rules adopted under chapter 56 of this title.
(C) An owner of a single family residence that qualified on January 1, 2007 for the exemption set forth in subdivision (1)(A) of this section shall not be subject to administrative or civil penalties under chapters 201 and 211 of this title for a violation of this chapter or rules adopted under this chapter when the owner believes the supply or system meets the definition of a failed supply or failed system provided that the owner:
(i) Conducts or contracts for an inspection of the supply or system;
(ii) Notifies the secretary of natural resources of the results of the inspection; and
(iii) Has not taken or caused to be taken any other action after January 1, 2007 for which a permit would be required under this chapter or the rules adopted under this chapter.
(2) Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt. This exemption does not apply to seasonal camps.
(3) [Repealed]. (Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2007, No. 32, § 4, eff. May 18, 2007; 2009, No. 54, § 85, eff. June 1, 2009; 2009, No. 3 (Sp. Sess.), § 11(d).)