Section 701.033

Title XLI CODES AND STANDARDS

Chapter 701

Effective - 28 Aug 2004, 2 histories, see footnote   (history) 

  701.033.  Department of health and senior services — powers and duties — rules, procedure. — 1. The department shall have the power and duty to:

  (1) Promulgate such rules and regulations as are necessary to carry out the provisions of sections 701.025 to 701.059;

  (2) Cause investigations to be made when a violation of any provision of sections 701.025 to 701.059 or the on-site sewage disposal rules promulgated under sections 701.025 to 701.059 is reported to the department;

  (3) Enter at reasonable times and determining probable cause that a violation exists, upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of sections 701.025 to 701.059 and the on-site sewage disposal rules promulgated under sections 701.025 to 701.059;

  (4) Authorize the trial or experimental use of innovative systems for on-site sewage disposal, after consultation with the staff of the Missouri clean water commission, upon such conditions as the department may set.

  2. No rule or portion of a rule promulgated under the authority of sections 701.025 to 701.059 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1986 H.B. 1101 § 5, A.L. 1993 S.B. 52, A.L. 1994 S.B. 446, A.L. 1995 S.B. 3, A.L. 2004 H.B. 1433)