R317-4-9. Experimental Systems

9.1. Administrative Requirements.

A. Where unusual conditions exist, experimental methods of onsite wastewater treatment and dispersal may be employed provided they are acceptable to the division and to the local health department having jurisdiction.

B. When considering proposals for experimental onsite wastewater systems, the division or the local health departments may not be restricted by this rule provided that:

1. the experimental system proposed is attempting to resolve an existing pollution or public health hazard, or when the experimental system proposal is for new construction, it has been predetermined that an acceptable back-up wastewater system will be installed in event of failure of the experiment;

2. the proposal for an experimental onsite wastewater system shall be in the name of and bear the signature of the person who will own the system; and

3. the person proposing to utilize an experimental system has the responsibility to maintain, correct, or replace the system in event of failure of the experiment.

C. When sufficient, successful experience is established with experimental onsite wastewater systems, the division may designate them as approved alternative onsite wastewater systems.

D. Following this approval of alternative onsite wastewater systems, the division may initiate rulemaking.

9.2 General Requirements.

A. All experimental systems shall be designed, installed and operated under the following conditions:

1. The ground water requirements shall be determined as described in Subsection R317-4-4.1.B.3.

2. The local health department shall advise the owner of the system of the experimental status of that type of system. The advisory shall contain information concerning risk of failure, level of maintenance required, financial liability for repair, modification or replacement of a failed system and periodic monitoring requirements that are all specific to the type of system to be installed.

3. The local health department and the owner shall be provided with sufficient design, installation and operating information to produce a successful, properly operating installation.

4. The local health department is responsible for provision of, or oversight of an approved installation, inspection and maintenance and monitoring program for the systems. Such programs shall include approved procedures for complete periodic maintenance and monitoring of the systems.

5. The local health department may impose more stringent design, installation, operating and monitoring conditions than those required by the division.

6. All failures, repairs or alterations shall be reported to the local health department. All repairs or alterations shall be approved by the local health department.

B. When an experimental wastewater system exists on a property, notification of the existence of that system shall be recorded in the chain of title for that property.