HB4471 HFA Green and Anderson 2-19 #1 REVISED
Casto 3264
Delegates Green and Anderson moved to amend the bill on page 1, section 30a, line 1, by striking everything after the enacting clause and inserting in lieu thereof the following:
(1) “Approved sewage disposal system” means a septic system, public or private sewer system, or other method of sewage or excreta disposal that has been approved by, or installed pursuant to a permit issued by, the Commissioner of the Bureau for Public Health or his or her authorized representative in accordance with §16-1-9 of this code and the rules promulgated thereunder. The term shall also include any existing sewage disposal system that, while not having obtained a permit under §16-1-9 of this code, is functioning in a manner that does not create a health hazard affecting the public, does not result in the surfacing of sewage or effluent, and does not violate any applicable federal, state, or local law, rule, or regulation governing water pollution or sewage disposal: Provided, That straight piping as defined in this section shall not constitute an existing sewage disposal system under this paragraph regardless of the duration of its use. Nothing in this paragraph shall be construed to limit the authority of the Commissioner of the Bureau for Public Health to require permits, order alterations, or pursue enforcement under §16-1-9 of this code with respect to any sewage disposal system.
(2) “Rental property” means any dwelling unit, as defined in §37-6A-1 of this code, that is leased or offered for lease to a tenant for residential use.
(3) “Straight piping” means the discharge, release, or conveyance of raw or untreated sewage or human excreta from any dwelling through any pipe, ditch, channel, conduit, or other conveyance, directly or indirectly, onto the surface of the ground, into or upon any waters of the state, over any hillside or embankment, into any ravine, sinkhole, abandoned mine, or other natural or man-made opening, or by any other method or means that does not utilize an approved sewage disposal system as defined in this section.
(b) Requirement. — No person shall lease or offer for lease any rental property in this state unless such property is served by an approved sewage disposal system. The use of straight piping to dispose of sewage from any rental property is prohibited.
(c) Enforcement. — The Commissioner of the Bureau for Public Health or his or her authorized representative shall enforce the provisions of this section in accordance with the authority granted under §16-1-9 of this code. Local boards of health and county health departments may receive and refer complaints regarding violations of this section to the Commissioner or his or her authorized representative for investigation and enforcement.
(d) Tenant remedies. — A violation of §37-6-30a (b) of this Code shall constitute a violation of the landlord’s duty to maintain the premises in a fit and habitable condition under §37-6-30 of this code, and the tenant shall have all remedies available under that section. A temporary failure of a previously approved sewage disposal system due to a line break or mechanical failure shall not constitute a violation of §37-6-30a (b) of this Code if the landlord notifies the tenant in writing promptly upon discovery of the failure and completes or diligently pursues repairs within 30 days of discovery, unless an extension of time is authorized by the Commissioner of the Bureau for Public Health or his or her designee in accordance with §16-1-9 of this code.
Adopted
Rejected