PURPOSE: This rule establishes a fee to be charged by the Department of Health for inspection of an existing on-site sewage disposal system pursuant to a request by a lending institution. This fee is authorized by section 701.051, RSMo.

1. (1) The following definitions shall apply in the interpretation and enforcement of this rule:

   1. (A) Department—the Missouri Department of Health;
   2. (B) Lending institution—a bank, savings and loan association, credit union, consumer credit leader, mortgage banker or any other association or institution which makes real estate loans;
   3. (C) Licensed private individual—any person who inspects or evaluates an on-site sewage disposal system on behalf of, or under contract with, the property owner;
   4. (D) On-site sewage disposal system—any system handling or disposal facility receiving domestic sewage flows of less than three thousand (3,000) gallons per day and not otherwise regulated by the Department of Natural Resources; and
   5. (E) Property owner—the person with the legal right to possession of real estate.

2. (2) The department or an authorized local government agency or an authorized licensed private individual may inspect or evaluate an existing on-site sewage disposal system upon request from a lending institution which is providing either a government loan or conventional loan.

   1. (A) The department will recognize and accede to inspection and evaluation functions by city or county governmental agencies authorized to enact local on-site sewage disposal system ordinances that are at least substantially equivalent to department standards. The department will also recognize inspection and evaluation functions of the Department of Natural Resources.

   2. (B) If the department inspection or evaluation determines that the on-site sewage disposal system does not meet department standards and there are intentions to repair or replace the on-site sewage disposal system, the following shall apply:

      1. 1. For a property less than three (3)

acres in size, section 701.046, RSMo requires a permit before construction or major modification or major repair of the onsite sewage disposal system. The fee for the permit shall not exceed ninety dollars ($90). The inspection services will be provided within this fee; and

1. 2. For a property of three (3) or more

acres in size, a permit as described in section 701.046, RSMo is not required except for lots located adjacent to lakes operated by the United States Army Corps of Engineers or a public utility. However, as the construction or major modification or major repair creates an on-site sewage disposal system that is substantially different than was previously inspected or evaluated, a request for a followup inspection or evaluation will incur a fee not to exceed fifty dollars ($50) as provided in section 701.051, RSMo.

1. (C) The department, at its discretion, may authorize and license private individuals to conduct on-site sewage disposal system inspections and evaluations. If a licensed private individual is employed, no fees will be due the department.

1. (3) On-site sewage disposal systems are under the authority of sections 701.025–701.055, RSMo, and the rules promulgated by the Department of Health when the daily flow of sewage into the system is less than three thousand gallons per day (3,000 gpd) and, except for single family residents lots, does not discharge off the property; all other sewage systems are under the authority of Chapter 644, RSMo and rules promulgated by the Department of Natural Resources.
2. (4) Standards for on-site sewage disposal systems shall be as described in 19 CSR 20- 3.060 Minimum Construction Standards for On-Site Sewage Disposal Systems.
3. (5) As may be determined necessary by the department, an evaluation of an on-site sewage disposal system will include a microbiological test and other examination(s) of the private water supply intended for potable use serving the same property as the on-site sewage disposal system. It will also include an inspection of any visible portion of the water supply construction, from the source to the storage vessel, and may include an evaluation of well drilling records. and Communicable Disease Prevention
4. (6) The department, at its discretion, may license private individuals to conduct inspections and evaluations of on-site sewage disposal systems. If a licensing has been implemented, the department, at its discretion, may terminate issuance and renewal of licenses and invalidate current licenses after due notice. Notification of this action will be provided to current license holders at least thirty

5. (30) days prior to termination of the programs. The following conditions apply to obtaining, maintaining and using the license.

   1. (A) The application must be submitted to the department on a form provided by the department (see Form #1);

   2. (B) The applicant must have completed at least one (1) of the following training course.

      1. 1. A department education training pro-

gram as prescribed in section 701.040(4), RSMo

1. 2. A training course or program offered

by a local governmental agency that has been determined to be acceptable to the department; and

1. 3. A department-approved training

course or program which is offered by a state-supported or private college or university;

1. (C) The application shall be accompanied with a processing fee of thirty dollars ($30) made payable to the department. No fee shall be charged for the license itself;
2. (D) The license would be issued only to one (1) individual person and not to a company, firm, association or other group. The license is not transferable;
3. (E) The license shall remain valid for three

1. (3) years from the month of issuance;

   1. (F) A license may be renewed upon submission of an application, accompanied by a processing fee of thirty dollars ($30) made payable to the department, and documentation of completion of a minimum of twenty

2. (20) contact hours’ continuing education acceptable to the department.

   1. (G) The department may audit the work of a private contractor at any time to determine whether a proper and competent inspection or evaluation was made. Failure to adhere to department standards may be cause for license suspension or revocation. The audit may be an unannounced visit to the property inspected or evaluated, or a visit during an inspection or evaluation with or without prior appointment with the private contractor;
   2. (H) No persons without valid licenses may conduct any part of an inspection or evaluation of an on-site sewage disposal system, whether on their own or under supervision of a person with a valid license. Persons conducting inspections or evaluations without the required license, or representing themselves licensed, are considered in violation of section 701.053, RSMo, a class A misdemeanor. Any valid license holders allowing or directing a person without a license to conduct any part of an inspection or evaluation of an onsite sewage disposal system will be subject to suspension or revocation of their license;
   3. (I) The license holder or his/her representative shall have a license suspension or revocation served in writing by certified mail or personal service. Within ten (10) days the license holder may request a hearing or written review to show cause why the license should not be suspended or revoked. The department may set a date not fewer than ten

3. (10) nor more than thirty (30) days after receipt of this request. The decision of the department following the hearing or written review may be appealed to the Administrative Hearing Commission as provided in Chapters 536 and 621, RSMo;

   1. (J) Any person whose license has been revoked may not reapply for a license for at least one (1) year after the revocation:

   2. (K) A person may be permanently barred from reapplying for a license if—

      1. 1. The person has been found guilty of

an infraction, misdemeanor or felony involving misrepresentation, fraud or other crime relating to activities of inspecting, installing, repairing or otherwise associated with on-site sewage disposal system; or

1. 2. The person has a license revoked a

second time within five (5) years;

1. (L) The license holder shall uphold uphold the following duties:

   1. 1. Inspections or evaluations shall be

documented in writing and submitted to the department within ten (10) working days of completion of the inspection or evaluation;

1. 2. Department standards shall be

applied for all inspections and evaluations of on-site sewage disposal systems;

1. 3. Only those on-site sewage disposal

systems for which requests have been made by a lending institution may be inspected or evaluated. Requests by parties other than lending institutions will not be recognized. Investigations of complaints or violations of Chapter 701, RSMo may only be made by the department or an authorized local governmental agency. This shall not preclude investigations or activities, whether independently or jointly, by the Department of Natural Resources, with or without the department or local governmental agencies, or both;

1. 4. Copies of the completed documenta-

tion of inspection or evaluation shall be distributed to the department, the local administrative authority (if such exists), the requesting lending institutions, the property owner, 19 CSR 20-3

and one (1) copy retained by the licensed individual for at least three (3) years;

1. 5. If a determination is made that an on-

site sewage disposal system is malfunctioning or otherwise not meeting department standards, the defect shall be clearly stated on the document; and

1. 6. A licensed individual who disap-

proves an on-site sewage disposal system shall also notify the owner that the owner is not obligated to contract for repair or reinspection services with the initial licensed contractor. However, this paragraph also shall not preclude the licensed contractor from offering these services to the owner; and

1. (M) The license holder, in the course of an inspection or evaluation, may enter any adjoining property, if necessary, to properly make a determination of the on-site sewage disposal system. The owner of the adjoining property shall be notified and permission obtained before entry is made.

1. (7) Fees for inspection and evaluation of onsite sewage disposal systems pursuant to a request from a lending institution are as follows:

   1. (A) If the inspection or evaluation is conducted by the department or a local government agency acting under the authority of the department, the fee shall be fifty dollars ($50) made payable to the department;
   2. (B) If the inspection or evaluation is conducted by a local governmental agency acting under a local on-site sewage ordinance with standards that are essentially equivalent to department standards, or the local government agency invokes authority under section 192.300, RSMo, or both, the fee shall be as determined by the local ordinance and made payable to the local governmental agency; and
   3. (C) If the inspection or evaluation is conducted by a licensed individual, no fee to a governmental agency shall be incurred.

AUTHORITY sections 701.046 and 701.051, RSMo 1994.* Emergency rule filed April 17, 1995, terminated April 26, 1995. Original rule filed April 17, 1995, effective Dec. 30, 1995.

*Original authority: 701.046, RSMo 1994 and 701.05, RSMo 1994, amended 1997. AND SENIOR SERVICES and Communicable Disease Prevention