Current through Register Vol. 30, No. 38, September 20, 2024
A.
Conforming with this Section satisfies the Notice of Transfer requirements
under
R18-9-A304.
B. Within six months before the date of
property transfer, the person who is transferring a property served by an
on-site wastewater treatment facility shall retain an inspector to perform a
transfer of ownership inspection of the on-site wastewater treatment facility
who meets the following qualifications:
1.
Possesses working knowledge of the type of facility and the inspection
process;
2. Holds a certificate of
training from a course recognized by the Department as sufficiently covering
the information specified in this Section by July 1, 2006; and
3. Holds a license in one of the following
categories:
a. An Arizona-registered
engineer;
b. An Arizona-registered
sanitarian;
c. An owner of a
vehicle with a human excreta collection and transport license issued under 18
A.A.C. 13, Article 11 or an employee of the owner of the vehicle;
d. A contractor licensed by the Registrar of
Contractors in one of the following categories:
i. Residential license B-4 or C-41;
ii. Commercial license A, A-12, or L-41;
or
iii. Dual license KA or
K-41;
e. A wastewater
treatment plant operator certified under 18 A.A.C 5, Article 1; or
f. A person qualifying under another category
designated by the Department.
C. The inspector shall complete a Report of
Inspection on a form approved by the Department, sign it, and provide it to the
person transferring the property. The Report of Inspection shall:
1. Address the physical and operational
condition of the on-site wastewater treatment facility and describe observed
deficiencies and repairs completed, if any;
2. Indicate that each septic tank or other
wastewater treatment container on the property was pumped or otherwise serviced
to remove, to the maximum extent possible, solid, floating, and liquid waste
accumulations, or that pumping or servicing was not performed for one of the
following reasons:
a. A Discharge
Authorization for the on-site wastewater treatment facility was issued and the
facility was put into service within 12 months before the transfer of ownership
inspection,
b. Pumping or servicing
was not necessary at the time of the inspection based on the manufacturer's
written operation and maintenance instructions, or
c. No accumulation of floating or settled
waste was present in the septic tank or wastewater treatment container;
and
3. Indicate the date
the inspection was performed.
D. Before the property is transferred, the
person transferring the property shall provide to the person to whom the
property is transferred:
1. The completed
Report of Inspection; and
2.
Documents in the person's possession relating to permitting, operation, and
maintenance of the on-site wastewater treatment facility.
E. The person to whom the property is
transferred shall complete a Notice of Transfer on a form approved by the
Department and send the form with the applicable fee specified in 18 A.A.C. 14
within 15 calendar days after the property transfer to:
1. The Department for transfer of a property
with an on-site wastewater treatment facility for which construction was
completed before January 1, 2001; or
2. The health or environmental agency
delegated by the Director to administer the on-site wastewater treatment
facility program for transfer of a property with an on-site wastewater
treatment facility constructed on or after January 1, 2001.
F. If the Department issued a
Discharge Authorization for the on-site wastewater treatment facility but the
facility was not put into service before the property transfer, an inspection
of the facility is not required and the transferee shall complete the Notice of
Transfer form as specified in subsection (E).
G. Effective date.
1. The owner of an on-site wastewater
treatment facility operating under a Type 4 General Permit shall comply with
this Section by November 12, 2005.
2. The owner of any on-site wastewater
treatment facility other than a facility identified in subsection (G)(1) shall
comply with this Section by July 1, 2006.
