Ala. Admin. Code r. 420-3-1-.32

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

Section 420-3-1-.32 - Repair And Relocation Of An Existing OSS/EDS

(1) The LHD may investigate reports of a failing or an inadequate OSS/EDS. The LHD shall require the owner or responsible person to abate an unsanitacy condition caused by a failing OSS/EDS or an unpermitted surface discharge of sewage by repairing or replacing the system or components of the system as required.

(2) If the BOD or the flow has not changed, the action shall be a repair as defined by these rules.

(3) Before an existing OSS/EDS may be repaired, the responsible person shall apply for and obtain a permit to repair the OSS/EDS from the LHD.

(a) No permit is required if the work performed meets these rules' definition of maintenance.

(b) Verbal authorization to repair a conventional Small-Flow system may be given by the LHD. The verbal repair authorization shall be documented in the LHD file. However, an application for the Permit to Repair shall be submitted to the LHD within 10 days of the date that the verbal authorization was given.

(4) When evaluating the site and repairing a failing EDF discharge area, the applicable sections of these rules shall be followed as guided by the definitions of repair, relocation, and maintenance.

(5) When an OSS/EDS fails and cannot be repaired in accordance with these rules and public sewer is available (within 500 feet), connection to the public sewer shall be made and is subject to approval of appropriate officials.

(6) Repaired systems are subject to the same inspection requirements and installation documentation as new systems.

(7) An additional REDF is not required for repairs to an existing OSS.

(8) If it is determined that the original REDF is inadequate and the repair would likely be more successful if the present EDFis used for the repair, it may be done with approval of the LHD and an ADPH Professional Soil Classifier, if necessary.

(9) If the strength of waste (BOD) or the flow has increased, the actions required shall be evaluated by the LHD in accordance with applicable ADPH protocol.

(10) If a relocation is required, all applications, plans and specifications, certifications, site evaluation, and standards shall be the same as a new system.

(11) If certain components of the existing OSS/EDS are operationally sound, they may be incorporated into the repaired or relocated EDF or discharge area.

Ala. Admin. Code r. 420-3-1-.32

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 .47 was renumbered .32 per certification published December 30, 2022; effective February 13, 2023.

Authors: Thad Pittman, Lem Burell, James Congleton, 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.; 22-26-1, et seq.