61-28-04.1. Septic system servicing - Permit required - Inspection authority - Fees

61-28-04.1. Septic system servicing - Permit required - Inspection authority - Fees

1. A person engaging in the business of servicing septic systems must have a permit

issued by the department and must comply with the conditions imposed by the permit.

2. The department shall administer and enforce a permitting program for septic system

servicers and has the following powers and duties:

a. To require training of and to examine septic system servicers and their

employees;

b. To establish standards and procedures for permitting of septic system servicers;

c. To issue permits to all applicants who satisfy the requirements for certification

under this section and any rules under this section, to renew permits, and to

suspend or revoke permits for cause after notice and opportunity for hearing;

d. To establish reasonable fees for permitting septic system servicers, however the

department may not establish or charge a permit or renewal fee for a plumber

licensed under chapter 43-18 who operates no more than one servicing unit;

e. To establish criteria for the sanitary management of septage, including standards

for the transportation, treatment, and disposal of septage;

f. To require preapproval of land application sites;

g. To require recordkeeping and reporting;

h. To require spill reporting, corrective action, and evidence of financial

responsibility; and

i. To adopt and enforce rules as necessary for implementation of this section.

3. In adopting its rules the department shall apply different standards based on the size

of the septic system servicer, on the type of the service provided, quantity of septage

handled, and number of units. The department may not require preapproval of a land

application site for an application from a rural single-family residence on property

owned or leased by the owner or lessee of the single-family residence.

4. The department may inspect all septic system servicing activities, including records,

equipment, and disposal sites at all reasonable times to ensure compliance with the

laws of this state. Nothing in this section removes the duty of any person to comply

with applicable public health standards.