§ 23-19.5-9 - Applicability of 1992 amendments.
SECTION 23-19.5-9
§ 23-19.5-9 Applicability of 1992amendments. – On July 21, 1992, this section shall affect existing approvals, renewals,tests, determinations, and/or data as follows:
(1) All persons possessing valid, existing approvals that arebased upon tests, determinations and/or data which will be more than five (5)years old at the time of the expiration of this approval may renew their tests,determinations and/or data for one five (5) year term by submitting to thedepartment of environmental management a timely application for renewal, alongwith:
(i) An affidavit by a registered professional engineer orregistered professional land surveyor, in a form satisfactory to thedepartment, stating that the tests, determinations and/or data are still validand that there have been no significant changes to the property and/orsurrounding properties that would adversely affect the validity of the testsand data previously submitted; and
(ii) New or revised plans and specifications for thepreviously approved sewage disposal system that meet the department's currentregulatory requirements.
(2) All tests, determinations and/or data that were compiledmore than five (5) years prior to July 21, 1992 but subsequent to January 1,1985, shall be considered valid to support a new application for approval of anindividual sewage disposal system if the application is accompanied by theaffidavit of a registered professional engineer or registered professional landsurveyor, as described in subdivision (1)(i), and received by the department ofenvironmental management within one hundred fifty (150) days of July 21, 1992.All tests, determinations and/or data qualifying for this exception shall bevalid for five (5) years from the date of the approval of this application andshall not be subject to renewal.