Ala. Admin. Code r. 420-3-1-.06

Current through Register Vol. 42, No. 8, May 31, 2024

Section 420-3-1-.06 - Permits Required For An OSS/EDS

(1)Permit to Install (Repair). No person shall begin the installation or repair of an OSS/EDS, or component thereof, until the responsible person has been issued a valid Permit to Install (Repair) an Onsite Sewage System (OSS) by the LHD.

(a) When an Engineered OSS is required, no installation or construction of any part of the engineered system shall begin without installer consultation with the design engineer.

(b) ADPH may revoke a Permit to Install (Repair) if there are changes in the lot conditions, the system is not installed in accordance with the permit, or other factors affecting the permit's approval. Possible invalidating conditions include, but are not limited to, information submitted for the purpose of obtaining the permit is found to be misrepresented, materially false or inaccurate, changes to statutory provisions, acts of eminent domain, natural changes, man-made alterations, or water impoundments.

(c) The LHD shall be notified of a modification or repair to a system, pursuant to 420-3-1-.32 Repair and Relocation of an Existing OSS/EDS.

(d) Wastewater management entities required to obtain a Certificate of Economic Viability from the Alabama Public Service Commission shall have said certificate prior to any permits being issued by ADPH or the LHD.

(e) A permit may be issued for an OSS for the disposal of processed septage with the approval of a variance pursuant to 420-3-1-.70 Variance to Rules.

(2)Performance Permits. Performance Permits are required for a Large-Flow OSS and for other systems where ADPH, in consultation with the LHD, concludes that the Approval for Use alone is not adequate to protect the public's health or the environment.

Ala. Admin. Code r. 420-3-1-.06

Filed July 20, 1988. Amended: Filed June 19, 1992. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 04, January 31, 2017, eff. 3/5/2017.

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 03, December 30, 2022, eff. 2/13/2023.

Previous Rule .05 was renumbered .06 per certification published December 30, 2022; effective February 13, 2023.

Authors: Thad Pittman, Karen Bishop, Dillon Bullard, Matthew Conner, Ken Stephens, Bob Bright

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(4); 22-2-2(6); 22-10-1, et seq.; 22-26-1et seq; 22-25B-1, et seq.