68-221-409 - Permits required Approved soil consultants Bond requirement Exemptions Rules and regulations.
68-221-409. Permits required Approved soil consultants Bond requirement Exemptions Rules and regulations.
(a) Any person proposing to construct, alter, extend or repair subsurface sewage disposal systems, or engage in the business of removing accumulated wastes from such systems, shall secure a permit from the commissioner, in accordance with the provisions of this part and rules and regulations promulgated pursuant to the provisions of this part. The department shall review its list of approved soil consultants at least annually to ensure compliance with applicable requirements, including the bond requirement of subsection (b), and may promulgate rules setting forth the process for such review and an annual fee sufficient to cover the costs involved.
(b) To be eligible for approval by the department pursuant to this part as a soil consultant or a soil scientist, or a person who may perform a percolation test, or for a permit as an installer of subsurface sewage disposal systems, the person shall file with the commissioner a performance bond, or an irrevocable letter of credit, in the amount of thirty thousand dollars ($30,000), for the benefit of any person who hires the soil consultant, soil scientist, percolation tester or installer and is damaged because of any negligence or fraud by the soil consultant, soil scientist, percolation tester or installer. Any person so damaged may sue directly on the bond without assignment of the bond. Liability under any such bond may not exceed, in the aggregate, the amount of the bond. If the bond ceases to be in effect, the approval of the soil consultant or the percolation tester, or the permit of the installer, shall become null and void, subject to reinstatement, if a new bond is provided.
(c) Licensed professionals shall be exempt from the provisions of subsection (b), upon proof to the department of conservation and environment that the professional is in possession of valid errors and omissions insurance.
(d) An installer of subsurface sewage disposal systems shall only be subject to the provisions of subsection (b), if the permit of such installer is suspended or revoked after January 1, 2006, or if the department denies an application for renewal of a permit after January 1, 2006, and the permit is later reinstated or the installer is later issued a new permit.
(e) The provisions of this act shall not apply in counties having a population, according to the 2000 federal census or any subsequent federal census of:
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(f) The department of environment and conservation is authorized to promulgate rules and regulations in accordance with the provisions of this section. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
[Acts 1973, ch. 188, § 7; T.C.A., § 53-2050; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-409; Acts 2005, ch. 495, §§ 1-3.]