19-5-121 - Underground wastewater disposal systems -- Certification required to design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules -- Fees.
19-5-121. Underground wastewater disposal systems -- Certification required todesign, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules -- Fees.
(1) As used in this section, "maintain" does not include the pumping of an undergroundwastewater disposal system.
(2) (a) Except as provided in Subsections (2)(b) and (2)(c), beginning January 1, 2002, aperson may not design, inspect, maintain, or conduct percolation or soil tests for an undergroundwastewater disposal system, without first obtaining certification from the board.
(b) An individual is not required to obtain certification from the board to maintain anunderground wastewater disposal system that serves a noncommercial, private residence ownedby the individual or a member of the individual's family and in which the individual or a memberof the individual's family resides or an employee of the individual resides without payment ofrent.
(c) The board shall make rules allowing an uncertified individual to conduct percolationor soil tests for an underground wastewater disposal system that serves a noncommercial, privateresidence owned by the individual and in which the individual resides or intends to reside, orwhich is intended for use by an employee of the individual without payment of rent, if theindividual:
(i) has the capability of properly conducting the tests; and
(ii) is supervised by a certified individual when conducting the tests.
(3) (a) The board shall adopt and enforce rules for the certification and recertification ofindividuals who design, inspect, maintain, or conduct percolation or soil tests for undergroundwastewater disposal systems.
(b) (i) The rules shall specify requirements for education and training and the type andduration of experience necessary to obtain certification.
(ii) The rules shall recognize the following in meeting the requirements for certification:
(A) the experience of a contractor licensed under Title 58, Chapter 55, Utah ConstructionTrades Licensing Act, who has five or more years of experience installing undergroundwastewater disposal systems;
(B) the experience of an environmental health scientist licensed under Title 58, Chapter20a, Environmental Health Scientist Act; or
(C) the educational background of a professional engineer licensed under Title 58,Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
(iii) If eligibility for certification is based on experience, the applicant for certificationmust show proof of experience.
(4) The department may establish fees in accordance with Section 63J-1-504 for thetesting and certification of individuals who design, inspect, maintain, or conduct percolation orsoil tests for underground wastewater disposal systems.
Amended by Chapter 183, 2009 General Session