Title 31, Chapter 3, Section 5
( 31-3-5)
(a) Subject to the provisions of Code Section 31-2-7 and subsection (b) of this Code section, each county board of health shall have and discharge, within its jurisdiction, subject to any valid local Act which shall remain in force and effect, the following functions: (1) To determine the health needs and resources of its
jurisdiction by research and by collection, analysis, and
evaluation of all data pertaining to the health of the community; (2) To develop, in cooperation with the department, programs,
activities, and facilities responsive to the needs of its area; (3) To secure compliance with the rules and regulations of the
department that have local application; and (4) To enforce, or cause enforcement of, all laws pertaining to
health unless the responsibility for the enforcement of such laws
is that of another agency. (b) Each county board of health shall have the power and duty to adopt regulations providing standards and requirements governing the installation of on-site sewage management systems within the incorporated and unincorporated area of the county, subject to the provisions of Code Section 31-2-7, any rules and regulations promulgated under Code Section 31-2-7, and subsection (d) of this Code section. Such regulations shall include and be limited to the following: (1) Specifying the locations within the incorporated and
unincorporated area of the county where on-site sewage management
systems may be installed; (2) Specifying the minimum lot size or land area which may be
served by an on-site sewage management system based on scientific
data regarding on-site sewage management systems; (3) Specifying the types of residences, buildings, or facilities
which may be served by on-site sewage management systems; (4) Issuing permits for the installation of on-site sewage
management systems prior to such installation; (5) Inspecting on-site sewage management system installations
prior to the completion of the installation; and (6) Providing for ongoing maintenance of such systems, except for
nonmechanical residential sewage management systems. (c) Nothing in this Code section or in Code Section 31-3-5.1 shall limit the power of a county or municipal governing authority to exercise its zoning powers or to establish minimum lot sizes larger than the minimum lot sizes specified pursuant to subsection (b) of this Code section. (d)(1) As used in this subsection, the term: (A) "Soil and water conservation technician" means a person
employed as a soil and water conservation technician by a soil
and water conservation district provided for in Article 2 of
Chapter 6 of Title 2. (B) "Soil classifier" means a person who holds at least a
bachelor of science degree from an accredited college or
university with a major in agronomy, soil science, or related
field and has such other qualifications as may be specified by
the department by rule. (2) Any person may qualify as a soil classifier, who holds a valid
certificate of registration as a registered geologist issued
pursuant to Chapter 19 of Title 43, or who holds a valid
certificate of registration as a professional engineer issued
pursuant to Chapter 15 of Title 43 and is practicing within his or
her area of engineering competency may register with the
Department of Human Resources to conduct investigations of the
suitability of a site within the state for an on-site sewage
management system. Upon the submission of an evaluation of the
suitability of a site within the state for an on-site sewage
management system by such a person who is registered with the
department or by a soil and water conservation technician, the
county board of health shall be required to accept the evaluation
unless such evaluation is found by the county board of health to
be deficient or questionable. If the county board of health finds
such evaluation to be deficient or questionable, the board shall,
within three working days of making such finding, issue a written
determination stating all deficiencies and all measures needed to
correct the deficiencies. A copy of this determination shall be
provided to the state director of environmental health. Level
four soils evaluations submitted to a county board of health under
the provisions of this subsection will be accepted. |