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Indicates Matter Stricken
Indicates New Matter
March 28, 2007
S. Printed 3/28/07--H.
Read the first time January 30, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSTALL AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM THE DEPARTMENT IS ONLY REQUIRED TO CONDUCT RANDOM FINAL INSPECTIONS ON THREE PERCENT OF THESE INSTALLED SYSTEMS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 55, Title 44 of the 1976 Code is amended by adding:
"Section 44-55-825. (A) Notwithstanding any other provision of law, after the department has conducted soil suitability testing and has issued a permit for the installation of an individual waste treatment and disposal system, the department is only required to conduct random final inspections on no more than ten percent of these installed systems.
(B) The licensing authority of a person who is found to be out of compliance with the installation requirements of an individual waste treatment and disposal system shall:
(1) for a first violation, suspend the person's license for one year;
(2) for a second offense, suspend the person's license for three years; and
(3) for a third offense, permanently revoke the person's license.
Section 44-55-827. (A) The department shall promulgate regulations for the licensure of persons who contract or advertise to offer or provide services for installation, repair, modification, or final inspection and approval of on-site wastewater treatment and disposal systems. These regulations must include:
(1) eligibility criteria to be licensed as an on-site wastewater treatment and disposal system contractor;
(2) licenses defining various levels of competency and skill, including different licenses that allow different combinations of installation, repair, modification, and final inspection and approval of on-site wastewater treatment and disposal systems;
(3) a system for the department to monitor the quality of contractor installation, repair, modification, and final inspection and approval of on-site wastewater treatment and disposal systems;
(4) minimum standards for training and continuing education for wastewater treatment and disposal contractors;
(5) bonding and insurance requirements for on-site wastewater treatment and disposal system contractors;
(6) the establishment and collection of administrative and licensing fees to cover the costs of this program; and
(7) enforcement guidelines and penalties for violation of these regulations.
(B) Within forty-five days of this section's effective date, the department shall submit to the General Assembly for approval by concurrent resolution, the requirements for licensure of an on-site wastewater treatment and disposal system contractor, as provided for in Section 44-55-827(A)(1) through (7). Once approved, these requirements remain in effect until the department promulgates regulations pursuant to the Administrative Procedures Act, which must be promulgated to take effect before July 1, 2011.
(C) Nothing in this chapter or regulations promulgated pursuant to this chapter affect the department's authority, under Section 44-1-140 and Regulation 61-56, to issue permits for the installation and construction of individual on-site wastewater systems."
SECTION 2. This act takes effect two months after approval by the Governor.
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