Title 34 — Title 34

The Alabama Onsite Wastewater Board is created to examine, license, and regulate persons engaged in the manufacture, installation, or servicing of onsite sewage systems in Alabama. As more residences are built in rural areas where public sewer hookups and centralized sewage treat…

(a) The licensing requirements of this chapter shall not apply to owners of property for the purpose of installing, cleaning, servicing, or maintaining an onsite sewage system on their own property with a one-family or two-family residence used as their primary residence so long …

The board may establish and charge reasonable fees for the processing of all applications, administration of examinations, issuance of all active and inactive licenses, license renewals, license restoration and replacement, supplying information to applicants, licensees, and the …

(a) The board shall establish the following types of licenses: (1) A basic level installer license. (2) An advanced level I installer license. (3) An advanced level II installer license. (4) A manufacturer’s license. (5) A pumper license. (6) A portable toilet license. (b) A pers…

(a) All applicants for licenses, examinations, or license renewals shall be required to complete specific application forms developed and provided by the board. Information required to be provided on license application forms shall include, but not be limited to, the following: (…

(a) The board shall develop eligibility requirements to be met by applicants seeking licensing by the board. The minimum application requirements shall include, but are not limited to, the applicant’s: (1) Business experience. (2) Work experience in the requested area of licensur…

(a) No license shall be issued by the board without examination of the applicant for the purpose of ascertaining his or her qualifications for such work, except those licenses issued pursuant to Section 34-21A-17. No examination shall be required for the timely annual renewal of …

In order to assure financial stability and professional competence and performance of licensees, all licensees, without exception, are required to be bonded for any work performed under the license. Minimum amounts for required bonds shall be established by the board and evidence…

After December 31, 1999, individuals not currently licensed will be required to follow the requirements for license application, including completing required training and successfully passing any required examination. History: (Act 99-571, p. 1265, §17; Act 2010-258, p. 453, §1.…

(a) A license is only valid during the calendar year indicated on the license. At the end of that calendar year, the license will expire unless it is renewed by the licensee. All licensees shall make application for license renewal at least 30 days prior to the expiration of a cu…

The board shall formulate rules and criteria under which an applicant may request an inactive license and determine circumstances when a license may become inactive by state or local health department request. The board shall develop a standard official definition of an inactive …

The following terms shall have the meanings respectively ascribed to them as used in this chapter unless the context requires a different meaning: (1) BOARD. The Alabama Onsite Wastewater Board. (2) CONVENTIONAL ONSITE SEWAGE SYSTEM. An onsite sewage system consisting of a septic…

The board shall issue a replacement to a licensee who shows upon application that the current license has been lost, destroyed, or stolen or if the licensee’s name has been changed by marriage or court order. An application for a replacement license shall be accompanied by all re…

(a) The board shall establish criteria for circumstances warranting the suspension or revocation of a license and establish the procedures for suspension or revocation of licenses. These circumstances shall include, but not be limited to, the following: (1) Obtaining a license un…

(a) The board shall establish procedures to process, review, and investigate reports and complaints of fraud, incompetence, misconduct, and dishonest or illegal acts of licensees in the performance of work covered under licenses of this board; and complaints supported by evidence…

This board shall determine the procedure to be followed for reinstatement of a suspended or revoked license. The procedures shall include, but not be limited to, application to the board for reinstatement, hearing before the board, correction of the problem causing the board’s ac…

After revocation or suspension of license, the licensee may, within 10 days of notice of the board’s order and finding, file with the board a written notice of his or her intent to appeal the order of the board. Appeals from orders of the board shall be filed with the Circuit Cou…

(a) Any person who undertakes or attempts to undertake the business of manufacturing, installing, servicing, cleaning, repairing, or maintaining any onsite sewage system or equipment without first having obtained and having possession of a current, valid license from the board or…

The operations of the board shall terminate October 1, 2003, and every fourth year thereafter unless continued in accordance with the Alabama Sunset Law. History: (Act 99-571, p. 1265, §26.)

(a) There is established the Alabama Onsite Wastewater Board. The board shall consist of nine members who shall, at the time of appointment and during the entire time for which appointed, be residents and citizens of Alabama. The initial appointments to the board shall be effecti…

(a) Within 30 days after the annual appointment of new members, the board shall meet for the purpose of organizing, electing new officers, and transacting business as deemed necessary. This organizational meeting may be considered a regular quarterly meeting of the board. (b) The…

(a) At its annual organizational meeting, the board shall elect from its members a chair, vice-chair, and a secretary/treasurer for a one-year term of office. No board member shall serve more than three consecutive one-year terms in any one office. The chair shall exercise genera…

(a) There is hereby established a separate special fund in the State Treasury to be known as the “Alabama Onsite Wastewater Board Fund.” All receipts and monies collected under this chapter shall be deposited in the fund and used only to carry out the provisions of this chapter. …

The duties of this board shall include, but not be limited to the following: (1) Establish procedures and qualifications for the licensure of individuals engaged in the manufacture, installation, servicing, repair, or maintenance of onsite sewage systems and equipment installed i…

The board shall annually submit to the Governor a report of its transactions for the preceding fiscal year, and file a copy of the report with the Secretary of State and the State Division of Records and Reports. History: (Act 99-571, p. 1265, §8.)

The board may adopt and issue rules and regulations necessary to carry out this chapter, subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41. History: (Act 99-571, p. 1265, §9.)