Section 701.040

There are multiple enactments of 701.040

Title XLI CODES AND STANDARDS

Chapter 701

Effective - 28 Aug 2026, 3 histories, see footnote   

  701.040.  Standards for sewage tanks, lateral lines and operation of on-site sewage disposal systems, duties of department — rules authorized. — The department of health and senior services shall:  

  (1)  Develop by September 1, 1995, a state standard for the location, size of sewage tanks and length of lateral lines based on the soil properties, construction, installation, and operation of on-site sewage disposal systems.  Advice from the department of natural resources shall be considered.  City or county governments may adopt, by order or ordinance, the state standard in accordance with the provisions of sections 701.025 to 701.059.  In any jurisdiction where a city or county has not adopted the state standard, the department of health and senior services shall enforce the state standard until such time as the city or county adopts the standard;  

  (2)  Define by rule a list of on-site soil evaluators registered by the department to conduct soils morphology evaluations required by the state standard.  The list shall include the following:  

  (a)  Persons trained and certified by either the department, which shall include on-site sewage disposal system contractors or a certified agent of the department;  

  (b)  Licensed professional engineers as defined in section 327.011;  

  (c)  Sanitarians meeting standards defined by the department;  

  (d)  Qualified geologists as defined in section 256.453; and  

  (e)  "Soil scientists", defined as a person that has successfully completed at least fifteen semester credit hours of soils science course work, including at least three hours of course work in soil morphology and interpretations;  

  (3)  Develop in accordance with sections 701.053 to 701.055 a voluntary registration program for on-site sewage disposal system contractors.  Approved county programs shall implement the contractor registration program.  In any area where a county has not adopted, by order or ordinance, the contractor registration program, the department shall implement the program until such time as the county adopts the registration program;  

  (4)  Establish an education training program specifically developed for contractors and city and county employees.  Reasonable fees may be charged of the participants to cover the cost of the training and shall be deposited in the public health services fund created in section 192.900.  The department shall provide, as a part of the education training program, an installation manual for on-site sewage disposal systems.  The manual shall also be made available, at the cost of publication and distribution, to persons not participating in the education and training program;  

  ^*(5)  Administer, pursuant to sections 701.025 to 701.059, a mandatory registration program requiring continuing education before January 1, 2027, for on-site wastewater treatment system professionals qualified to perform percolation tests in accordance with the standards promulgated under subdivision (1) of this section.  Before January 1, 2027, if a soil morphology evaluation cannot be reasonably obtained, a percolation test may be accepted at the discretion of the administrative authority.  The provisions of this subdivision shall be void and of no effect after December 31, 2026; and  

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

  

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(L. 1994 S.B. 446, A.L. 2018 S.B. 843, A.L. 2026 S.B. 914)

*Subdivision (5) is void and of no effect after 12-31-26.