2006 Alabama Code - Section 22-25A-4 — Compliance; powers and duties.

Decentralized cluster systems established prior to, on, or after January 1, 2002, shall be operated by an onsite management entity as authorized by the department. Systems in existence prior to January 1, 2002, shall be in compliance by January 1, 2003. No person, firm, corporation, municipality, or other public or private legal entity shall operate as an onsite management entity without full compliance with this chapter and with rules promulgated hereunder. The board shall adopt and promulgate and the department shall enforce rules pursuant to and in compliance with the Alabama Administrative Procedure Act establishing the scope of responsibilities and powers of onsite management entities which shall include the following:

(1) The authority to establish procedures and guidelines for operation and management of the decentralized cluster system, within broader board rules.

(2) The authority to construct or install new systems which have been approved and permitted by the department and to oversee their construction and installation.

(3) The authority to perform routine system inspection and maintenance or contract these services.

(4) The authority to manage septage handling and disposal so as to comply with all established and applicable statutes and rules.

(5) The responsibility to keep records, perform database maintenance, bookkeeping, billing, payment processing, and other administrative acts.

(6) The responsibility to obtain easements for access to property for maintenance or repair, when needed, or to acquire land when necessary.

(7) The responsibility to administer an internal enforcement program with appropriate sanctions.

(Act 2001-973, 3rd Sp. Sess., p. 900, § 4.)