(a) Method of disposal.

1. (1)

   1. (A) It is not lawful to discharge or dispose of human waste by any means or manner that violates any state or federal law or regulation.
   2. (B) All sewage must be deposited in sanitary sewers, sewage treatment facilities, septic tank systems, or other systems or devices adequate to meet the needs of the people being served.

2. (2)

   1. (A) All systems discharging treated sewage shall be maintained at all times by an individual or company trained in the operation and maintenance of that system.
   2. (B) The Department of Health will establish monitoring and reporting requirements for individual sewage treatment systems.
3. (3) The discharge of either treated or untreated sewage into road ditches or rights-of-way is prohibited.

(b) Submission of plans.

1. (1) Detailed plans and specifications for the collection of, treatment of, and/or disposal facilities for all wastes of a domestic nature, containing a predominance of sewage and exclusive of industrial or manufacturing wastes, shall be submitted to and approved by the department prior to any construction.

2. (2)

   1. (A) Plans for public sewer systems must be submitted to the Division of Engineering of the Department of Health for review.
   2. (B) Plans and specifications shall be:

(i) In full compliance with all Plan Review Policy Statements issued by the department; and

1. (ii) Signed by the Secretary of the Department of Health.

   1. (C) The Division of Public Health Engineering may, upon approval of a written agreement between the owner and the Division of Public Health Engineering, delegate plan review responsibility for minor collection systems to the owner.

2. (3)

   1. (A) The plans for individual sewage disposal or treatment systems must be submitted to the Division of Environmental Health Protection of the Department of Health or its authorized agent.

   2. (B) All individual sewage disposal or treatment systems must be planned, designed, and constructed in accordance with Onsite Wastewater Systems, 14 CAR pt. 21 (Arkansas Code §§ 14-236-101 – 14-236-117).

      1. (c) Connection to public sewer required.
3. (1) Connection to a public sewer system is required of all homes and businesses when the point where the sewer exits the building is located within three hundred feet (300’) of access to the public sewer located on the owner’s property or an adjacent street or alley (Arkansas Code § 14-235-304).

4. (2) Plumbing fixtures must be installed and maintained in accordance with the Arkansas Plumbing Code, 17 CAR pt. 65.

   1. (d) Operation and maintenance of individual sewage disposal and/or treatment systems.
5. (1) All individual sewage disposal and/or treatment systems must be operated and maintained in accordance with Onsite Wastewater Systems, 14 CAR pt. 21 (Arkansas Code §§ 14-236-101 — 14-236-117).

6. (2)

   1. (A) Property owners are responsible for the proper operation and maintenance of all sewage disposal, treatment, or handling facilities located on their property.
   2. (B) Discharges from sewage disposal or treatment facilities are prohibited unless specifically permitted by the department or the Division of Environmental Quality.
   3. (C) All off-property discharges must be disinfected and meet current discharge standards.
   4. (D) Property owners with off-property discharges must contact the Division of Environmental Quality to obtain a National Pollutant Discharge Elimination System (NPDES) permit.

(e) Safe location required.

1. (1)

   1. (A) All facilities used for the collection, treatment, disposal, holding, or handling of sewage must be located:

      1. (i) On a suitable, well-drained site; and
      2. (ii) At a safe distance from any source of water supply.
   2. (B) Both public and private water supplies must be protected from the possibility of surface or subsurface contamination.

2. (2)

   1. (A) In order to meet this problem in a practical manner, these minimum distances are provided:

      1. (i) All facilities used for the collection, treatment, and disposal of sewage must be at least one hundred feet (100’) from any domestic water well; and
      2. (ii) All facilities used for the collection, treatment, and disposal of sewage must be at least three hundred feet (300’) from the high water mark of a water supply lake or water supply intake.

   2. (B)

      1. (i) These distances are to be used only where ideal conditions are present.
      2. (ii) Greater distances will be required where local conditions demand.
      3. (iii) Requests for water well waivers must be submitted to the department or its authorized agent.

(f) Disposal of septage.

1. (1) The settled contents of septic tanks and sludge from sewage treatment facilities must be disposed of in a manner approved by the department or its authorized agent.

2. (2)

   1. (A) The preferred method of disposal is into a public sewage treatment facility.
   2. (B) This is the only method of disposal acceptable for holding tank contents.
3. (3) All persons, firms, corporations, or governmental agencies engaged in pumping or cleaning septic tanks or privately owned sewage treatment facilities must be licensed by the department (Arkansas Code §§ 17-45-101 – 17-45-105).
4. (4) The disposal or discharge of septage or holding tank wastes at an unapproved site or in a manner not approved by the department is prohibited.

(g) Portable toilets.

1. (1) Portable toilets are:

   1. (A) Considered as sewage holding tanks or devices; and
   2. (B) Subject to department Rules Pertaining to Septic Tank Cleaners, 17 CAR pt. 50 (Arkansas Code §§ 17-45-101 – 17-45-105).

2. (2) Use required.

   1. (A) Portable toilets must be provided in adequate numbers for all construction sites, work areas, recreation areas, gatherings, and other outdoor activities and events where:

      1. (i) Twenty-five (25) or more people are present for more than four (4) hours; and
      2. (ii) Permanent toilets are not available.
   2. (B) At least one (1) portable toilet must be provided for every one hundred (100) persons or fraction thereof.

3. (3) Maintenance.

   1. (A) Portable toilets must be kept:

      1. (i) Clean;
      2. (ii) Properly ventilated; and
      3. (iii) In good repair.
   2. (B) The holding chamber must be pumped and recharged with a disinfectant solution on a regular basis to keep the unit operating as designed.

   3. (C) Each portable toilet must have on display the:

      1. (i) Owner’s name;
      2. (ii) Phone number; and
      3. (iii) Record of the last service date.
4. (4) Licensing. All persons, firms, corporations, and governmental agencies engaged in the rental, leasing, or maintenance of portable toilets must be licensed septic tank cleaners (Arkansas Code §§ 17-45-101 – 17-45-105).

5. (5) Waste disposal.

   1. (A) All wastes removed from portable toilets must be disposed of in a manner consistent with state and federal guidelines and requirements.
   2. (B) The discharge of portable toilet waste at an unapproved site or in a manner not approved by the department is prohibited.

(h) Wells or cisterns. The use of wells or cisterns for the disposal of sewage or any wastes containing sewage is prohibited.

1. (i) Irrigation, fertilization, and soil conditioning. Neither sewage nor any effluent or sludge from any type of sewage treatment facility is to be used for irrigation, fertilization, or soil conditioning unless approved by the department and the Division of Environmental Quality.

(k) Abandonment of septic tanks. Septic tanks no longer in use must be:

1. (1) Pumped out by a licensed septic tank cleaner; and
2. (2) Filled with clean soil at the time of abandonment.