Present law provides that it is the duty of the commissioner of environment and conservation, or the commissioner's duly authorized representative or deputy commissioner, as applicable, to enter into an agreement or contract with county health departments whereby the departments would implement the law relative to subsurface sewage disposal systems in their respective jurisdiction. The duty to enter into an agreement or contract is mandatory on the commissioner when a request is made by the applicable county mayor if all of the following conditions apply:  State reporting requirements are met by the county health departments.  The county health department program standards are at least as stringent as those of the state law and rules.  The commissioner retains the right to exercise oversight and evaluation of performance of the county health departments and to terminate the agreement or contract for cause immediately or otherwise, upon reasonable notice.  The commissioner may set such other fiscal, administrative, or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program.  Staffing and resources are adequate to implement and enforce the program in the local jurisdictions. This bill adds to the list of conditions described above that the commissioner may issue a variance within the covered area or jurisdiction, which supersedes any more stringent local requirements. VARIANCES Present law authorizes a person whose subdivision plan has been disapproved, or whose application for a subsurface sewage disposal system permit has been denied, under the law relative to subsurface sewage disposal systems to request in writing that a variance be granted by the commissioner. The request must set forth the variance requested and the reasons for the variance, and be signed by the applicant. The commissioner must investigate the request for variance and inform the applicant of the commissioner's decision within 90 days from the date the request is received. A variance may be granted when in the opinion of the commissioner such a variance will not violate the law relative to subsurface sewage disposal systems or otherwise constitute a definite health hazard. This bill adds that the commissioner may require a variance so granted to be filed and recorded with the county register of deeds with respect to the property subject to the variance. ON MARCH 31, 2025, THE HOUSE SUBSTITUTED SENATE BILL 113 FOR HOUSE BILL 199, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 113, AS AMENDED. Summary AMENDMENT #1 adds that a variance issued pursuant to this bill must not apply to: (1) A sewerage system regulated under the Water Quality Control Act; (2) A subsurface sewage disposal system serving multiple lots; or (3) Any lot containing more than one single-family dwelling with accessory buildings. This amendment defines "accessory buildings" to mean subordinate structures on the same lot as a principal single-family dwelling, including accessory dwelling units, garages, barns, sheds, and similar buildings that are incidental to and support the primary residential use of the property.

Statutes affected:
Introduced: 68-221-403(a)(10), 68-221-403, 68-221-410(a), 68-221-410