Missouri HB 2083: Modifies provisions relating to sewage disposal

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2083
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GREGORY.
4733H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 701.040 and 701.046, RSMo, and to enact in lieu thereof two new sections
relating to sewage disposal.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 701.040 and 701.046, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 701.040 and 701.046, to read as follows:
701.040. [1.] The department of health and senior services shall:
2 (1) Develop by September 1, 1995, a state standard for the location, size of sewage
3 tanks and length of lateral lines based on the [percolation or permeability rate of the] soil
4 properties, construction, installation, and operation of on-site sewage disposal systems.
5 Advice from the department of natural resources shall be considered. City or county
6 governments may adopt, by order or ordinance, the state standard in accordance with the
7 provisions of sections 701.025 to 701.059. In any jurisdiction where a city or county has not
8 adopted the state standard, the department of health and senior services shall enforce the state
9 standard until such time as the city or county adopts the standard;
10 (2) Definebyrulealistof[thosepersonswhoarequalifiedtoperformthepercolation
11 tests or] on-site soil evaluators registered by the department to conduct soils morphology
12 [tests] evaluations required by the state standard. The list shall include the following:
13 (a) Persons trained and certified by either the department, which shall include on-site
14 sewage disposal system contractors or a certified agent of the department;
15 (b) Licensed professional engineers as defined in section 327.011;
16 (c) Sanitarians meeting standards defined by the department;
17 (d) Qualified geologists as defined in section [256.501] 256.453; and
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

18 (e) "Soil scientists", defined as a person that has successfully completed at least
19 fifteen semester credit hours of soils science course work, including at least three hours of
20 course work in soil morphology and interpretations;
21 (3) Develop in accordance with sections 701.053 to 701.055 a voluntary registration
22 program for on-site sewage disposal system contractors. Approved county programs shall
23 implement the contractor registration program. In any area where a county has not adopted,
24 by order or ordinance, the contractor registration program, the department shall implement
25 the program until such time as the county adopts the registration program;
26 (4) Establishaneducationtrainingprogramspecificallydevelopedforcontractorsand
27 city and county employees. [Contractors may be taught and allowed to perform percolation
28 tests.] Reasonable fees may be charged of the participants to cover the cost of the training
29 and shall be deposited in the public health services fund created in section 192.900. The
30 department shall provide, as a part of the education training program, an installation manual
31 for on-site sewage disposal systems. The manual shall also be made available, at the cost of
32 publication and distribution, to persons not participating in the education and training
33 program;
34 (5) [Periodically review, but not more than annually, any county's or city's ordinance
35 or order and enforcement record to assure that the state standard is being consistently and
36 appropriately enforced. In its review the department shall assess the timeliness of the
37 county's or city's inspections of on-site sewage systems, and county or city enforcement may
38 beterminatedifthedepartmentdeterminesthatthecountyorcityisunabletoprovide prompt
39 inspections. If the department determines that the standard is not being consistently or
40 appropriately enforced in any city or county, the department shall notify the county or city of
41 the department's intent to enforce the standard in that jurisdiction and after thirty days' notice
42 hold a public hearing in such county or city to make a determination as to whether the state
43 shallenforcethestatestandard. Anycityorcountyaggrievedbyadecisionofthedepartment
44 may appeal a decision of the department to the state board of health and senior services
45 established under section 191.400. Any city or county aggrieved by a decision of the state
46 board of health and senior services may appeal that decision to the administrative hearing
47 commission in the manner provided in section 621.120] Administer, in accordance with
48 sections 701.025 to 701.059, a mandatory registration program requiring continuing
49 educationbeforeJanuary1, 2025,foron-sitewastewatertreatment systemprofessionals
50 qualified to perform percolation tests in