Effective 28 Aug 1994

701.052. Violator found guilty not to begin construction for another person without bond or letter of credit — forfeiture when, effect — emergency repairs of — effect. — 1. A person who has, within the preceding twenty-four months, been found guilty or pleaded guilty to a violation of section 701.046, 701.047, 701.048 or 701.050 may not begin construction, major modification or major repair of an on-site sewage disposal system that is owned by another person unless the person constructing, modifying or repairing the system has provided to the department a performance bond or letter of credit as provided under this section.

2. The bond or letter shall be conditioned upon faithful compliance with the state standard for on-site sewage disposal systems established under sections 701.025 to 701.059 and shall be in the amount of five thousand dollars.

3. Such performance bond, placed on file with the department, shall be in one of the following forms:

(1) A performance bond, payable to the department and issued by an institution authorized to issue such bonds in this state; or

(2) An irrevocable letter of credit issued in favor of and payable to the department from a commercial bank or savings and loan having an office in the state of Missouri.

4. Upon a determination by the department that a person has failed to construct, modify or repair an on-site sewage disposal system in compliance with the state standard, the department shall notify the person that the bond or letter of credit shall be forfeited and the moneys placed in the Missouri public health services fund for remedial action, if that person does not bring the system up to the state standard established under sections 701.025 to 701.059 within thirty days after notice of such determination has been given.

5. If the system is not brought into compliance with the state standard within thirty days, the department shall, within thirty days of the expiration of the notice period, expend whatever portion of the bond or letter of credit is necessary to hire a registered on-site sewage disposal system contractor to bring the system into compliance with the state standard.

6. The requirement for a person to provide a performance bond or a letter of credit under this section shall cease for that person after two consecutive years in which the person has not been found guilty or pleaded guilty to a violation of section 701.046, 701.047, 701.048 or 701.050.

7. Emergency major modification or major repair of the on-site sewage disposal system made to relieve an imminent health hazard may be made without a permit, but the city, county or department shall be notified not later than the fifth working day after the date on which the repair is made, and the city, county or department shall establish an expedited review process for emergency major modifications or major repairs.

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(L. 1994 S.B. 446)