§ 14-236-102 - Findings, policy, and intent.
14-236-102. Findings, policy, and intent.
(a) The General Assembly finds and determines that:
(1) Safe and adequate sewage disposal promotes the health and welfare of the citizens of this state by minimizing the exposure of the citizens, farm animals, domestic animals, fish, and wildlife of this state to human excreta and domestic wastes and thus minimizing the disease transmission potential of human excreta and domestic wastes, by minimizing the contamination of drinking water supplies and the hazards to recreational areas of this state, and by minimizing the pollution of other ground and surface waters of this state;
(2) Individual sewage disposal systems, when properly designed and constructed in suitable soils, provide renovation of waste water and inject the renovated waste water back into the hydrologic cycle;
(3) Community sewage systems are preferable for densely developed portions of cities, towns, subdivisions, mobile home parks, and other built up areas because the concentration of individual sewage disposal systems could increase the degree of contamination of local ground and surface waters and could increase the exposure of the citizens of this state to human excreta and other domestic wastes while community sewerage systems permit the location of sewage treatment and disposal facilities in areas remote from the population;
(4) In densely developed subdivisions located outside incorporated areas, property owners associations have been formed for the purpose of constructing and maintaining community sewage systems and that authorization from the state granting jurisdiction over nonincorporated community sewage systems is desirable to insure that the property owners associations shall qualify for state and federal assistance;
(5) In some areas of this state, the soil is not suitable for normal underground sewage disposal, and that the improper and unapproved construction or installation of individual septic systems has created conditions throughout the state that are dangerous to the public health of the citizens of Arkansas and has contributed to the devaluation of properties.
(b) Therefore, it is the public policy of this state and the purpose of this chapter to:
(1) Eliminate and prevent health hazards by regulating the location, design, construction, installation, operation, and maintenance of individual sewage disposal systems and the proper planning thereof, and to authorize the charging and collection of fees for the issuance of permits for the construction, installation, alteration, repair, extension, and operation of individual sewage disposal systems, and for the tests, designs, and inspections of the systems, and to prescribe penalties for violations;
(2) Require registration of all installers of individual sewage disposal systems by the Division of Sanitarian Services of the Department of Health, with the individual homeowner retaining all rights to install and repair his system in accordance with the provisions of this chapter;
(3) Encourage the use of community sewage systems when economically feasible wherever density of development or the lack of acceptable soils makes the renovation of waste water and the return of the renovated waste water to the hydrologic cycle by individual sewage disposal systems impractical;
(4) Encourage research and development by institutions, agencies of government, or persons to develop modifications to, or alternates for, septic tank systems which will be improvements to the systems, or which will make the systems applicable to soils not suitable for normal underground sewage disposal; and
(5) Permit the rules and regulations adopted pursuant to this chapter to be amended periodically to include therein such proposed modifications and alternates as are approved by the State Board of Health.
(c) Furthermore, it is the intent of this chapter to aid and assist the citizens of this state in obtaining safe and adequate individual sewage disposal systems.