§ 14-236-104 - Certain individual systems excepted from chapter. - Arkansas Statutes

14-236-104. Certain individual systems excepted from chapter.

(a) (1) No individual sewage disposal system in existence on July 1, 1977, nor any individual sewage disposal system installed after July 1, 1977, in a subdivision, wherein individual lots have been developed or sold for use with individual sewage disposal systems, for which a plat has been filed of record prior to July 1, 1977, shall be required to conform to more stringent specifications and requirements as to design, construction, density of improvements, lot size, and installation than those standards contained in any applicable, duly adopted, and published regulation in effect at the time of the platting of record of the subdivision.

(2) No individual sewage disposal system to be installed on a residential lot for which the Division of Environmental Health Protection of the Department of Health or its authorized agent has issued a construction permit on or before July 1, 1977, shall be required to conform to the design, construction, and installation provisions of this chapter, or any rules and regulations adopted pursuant thereto.

(3) In a subdivision for which a master plan has been approved by the Department of Health or the Arkansas Department of Environmental Quality prior to July 1, 1977, or for which the Department of Health or the Arkansas Department of Environmental Quality has otherwise previously issued its written approval for the installation of individual sewage disposal systems and where individual lots have been developed or sold in reliance upon the prior written approval, individual sewage disposal systems shall not be required to conform to more stringent specifications as to design, construction, and installation than those standards in effect at the time of or referred to in the prior written approval.

(b) However, any individual sewage disposal system which is determined by the Division of Environmental Health Protection of the Department of Health to be a health hazard or which constitutes a nuisance due to odor or unsightly appearance must conform with the provisions of this chapter and applicable rules and regulations within a reasonable time after notification that the determination has been made.

(c) The requirements of this chapter shall not apply to any individual sewage disposal system or alternate and experimental system which is situated on a tract of land ten (10) acres or larger, in which the field line or sewage disposal line is no closer than two hundred feet (200') to the property line.