(1) The local board of health may adopt rules that provide for the licensing of systems contractors. The local public health agency may charge a fee, not to exceed actual costs, for the initial license of a systems contractor and for a renewal of the license. Initial licensing and renewals thereof shall be for a period of not less than one year. The local board of health may revoke the license of a systems contractor for violation of this article or the rules adopted under this article or for other good cause shown, after a hearing conducted upon reasonable notice to the systems contractor and at which the systems contractor may be present, with counsel, and be heard.
(2) The local board of health may adopt rules that provide for the licensing of systems cleaners, pursuant to section 25-10-104 (2). The local public health agency may charge a fee, not to exceed actual costs, for the initial license of a systems cleaner and for the renewal of the license. Initial licensing and renewals thereof shall be for a period of not less than one year. The local board of health may suspend or revoke the license of a systems cleaner for violation of this article or the rules adopted under this article or for other good cause shown after a hearing conducted upon reasonable notice to the systems cleaner and at which the systems cleaner may be present, with counsel, and be heard.
Source: L. 97: Entire article amended with relocations, p. 131, � 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 491, � 1, effective August 8.
Editor's note: This section is similar to former � 25-10-108 as it existed prior to 1997, and the former � 25-10-109 was relocated to � 25-10-110.
25-10-110. Enforcement by local public health agencies and local boards of health. The primary responsibility for the enforcement of this article and the rules adopted under this article lies with local public health agencies and local boards of health. If a local public health agency or local board of health substantially fails to administer and enforce this article and the rules adopted under this article, the department may assume any functions of the local public health agency or board of health as may be necessary to protect the public health and water quality.
Source: L. 97: Entire article amended with relocations, p. 132, � 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 491, � 1, effective August 8.
Editor's note: This section is similar to former � 25-10-109 as it existed prior to 1997, and the former � 25-10-110 was relocated to � 25-10-111.
25-10-111. Authority of local boards of health to deny permits for on-site wastewater treatment systems in unsuitable areas. Nothing in this article preempts or affects the ability of a local board of health to prohibit issuance of OWTS permits, in accordance with applicable land use laws and procedures, for defined areas in which the local board of health determines that construction and use of additional on-site wastewater treatment systems may constitute a hazard to public health or water quality.
Source: L. 97: Entire article amended with relocations, p. 132, � 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 491, � 1, effective August 8.
Editor's note: This section is similar to former � 25-10-110 as it existed prior to 1997, and the former � 25-10-111 was relocated to � 25-10-112.