68-221-418 - Excavation of a preexisting subsurface sewage disposal system.
68-221-418. Excavation of a preexisting subsurface sewage disposal system.
(a) Notwithstanding any provision of the law to the contrary, no county government official may require a homeowner or the department to conduct any excavation of a pre-existing subsurface sewage disposal system prior to issuing any county permit or license for rebuilding, remodeling, or otherwise altering any house or establishment, mobile or permanent, utilizing such system; provided, however, that:
(1) If the county permit is issued, the altered house or establishment utilizing the pre-existing subsurface sewage disposal system will be owned by the same owner or:
(A) An ancestor of such owner;
(B) The spouse or former spouse of such owner;
(C) A lineal descendent of such owner, of such owner's spouse or former spouse, or of a parent of such owner; or
(D) The spouse of any lineal descendent of such owner described in subdivision (a)(1)(C) of this section; who utilized the subsurface sewage disposal system prior to rebuilding, remodeling or otherwise altering such house or establishment;
(2) The owner, or person described in subdivisions (a)(1)(A)-(a)(1)(D) of this section, has no actual knowledge of any defect with the subsurface sewage disposal system or any failure of such system;
(3) The pre-existing subsurface sewage disposal system is not constructed, altered, extended or repaired in any manner other than being connected to the rebuilt, remodeled or otherwise altered house or establishment;
(4) The rebuilding, remodeling, or other alteration of the house or establishment is not in connection with a sale of the property; and
(5) The property owner who applied and obtained the permit or license signs a sworn statement certifying compliance with this section.
(b) Prior to sale of such altered or improved house or establishment, the owner shall disclose such improvements utilizing the pre-existing subsurface sewage disposal system on the residential property disclosure statement required pursuant to § 66-5-210.
(c) Any county that enters into an agreement with the commissioner of environment and conservation pursuant to § 68-221-403, upon the majority vote of such county's governing body and written notification of such vote to the department, shall be exempt from the provisions of this section.
[Acts 2004, ch. 779, § 1; 2005, ch. 103, § 1.]