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CODE OF STATE REGULATIONS 37 ROBIN CARNAHAN (4/30/09) Secretary of State Chapter 3—General Sanitation 19 CSR 20-3

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CODE OF STATE REGULATIONS 37ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

3. The following shall apply to pressuredosed sand filter systems:

A. Conventional pressure dosed sandfilters use an intermittent filter with two feet(2') or more of medium sand designed to fil-ter and biologically treat sewage tank effluentfrom a pressure distribution system at anapplication rate not to exceed one and twen-ty-five hundredths gallons per square foot(1.25 gals./sq. ft.) sand surface area per day,applied at a dose not to exceed one-half gal-lon (1/2 gal.) per orifice per dose. Thesesand filters may be buried or open.

B. Recirculating pressure dosed sandfilters use a recirculating filter with two feet(2') or more of medium filter media designedto filter and biologically treat sewage tankeffluent from a pressure distribution systemat an application rate not to exceed five gal-lons per square foot (5 gals./sq. ft.) filter sur-face per day, applied at a dose not to exceedtwo gallons (2 gals.) per orifice per dose.These sand filters shall be uncovered andopen to the surface.

C. Minimum filter area for these fil-ters shall be as follows:

(I) Conventional pressure dosedsand filters for single family residences shallbe a minimum of three hundred and sixtysquare feet (360 sq. ft.) in surface area witha design sewage flow not to exceed six hun-dred gallons (600 gals.). If sand filter designflows exceed an average of four hundred andfifty gallons per day (450 gpd), the minimumsand surface will be based on one and twen-ty-five hundredths gallons per day per squarefoot (1.25 gpd/sq. ft.); and

(II) Pressure dosed sand filters forcommercial facilities shall be sized on thebasis of projected daily sewage flow. If thewaste strength is proposed to be greater thanresidential strength waste, pretreatment shallbe required which will reduce the biologicaloxygen demand to levels not to exceed threehundred (300), total suspended solids to lev-els not to exceed one hundred-fifty (150), andoil and grease to levels not to exceed twenty-five (25). The minimum sand surface will bebased on two to five gallons per day persquare foot (2–5 gpd/sq. ft.).

D. Design criteria shall include thefollowing:

(I) Sewage tanks shall be in accor-dance with section (4) of this rule. Set-backdistances as shown in Table 1 of subsection(1)(D) and as specified in subsection (1)(E)of this rule shall apply, unless a variance hasbeen allowed by the administrative authority.Tanks shall be watertight and tested in thefield. The test shall be performed by fillingthe tank two inches (2") above the riser inlet.At the end of the first twenty-four (24)-hour

period, the tank water level should berefilled. After another twenty-four (24)-hourperiod, no more than one inch (1”) of watershould have dropped from the original read-ing. All sewage and pump tanks will be sup-plied with vandal-proof access risers to gradeover the pump units. Risers should have awaterproof epoxy seal between the tank andriser;

(II) Pumping systems for a pressuredosed sand filter system should providepumping apparatus that is capable of filteringgross solids larger than one-eighth inch(1/8") and draw from the clear zone near theoutlet side of the sewage tank. This zone isdescribed as the layer of effluent between thesludge and scum layers of the sewage tank.Pumps should be able to deliver adequatehead pressure to control orifice plugging.Pumps should be made of a corrosive resis-tant material such as Type 316 stainless steel,suitable plastic, or 85-5-5-5 bronze. Screensshould have at least ten square feet (10 sq.ft.) of surface area, with one-eighth inch(1/8") openings;

(III) Operation controls should beon a timer dose that distributes the averagedaily flow over an eighteen (18)-hour period.Recirculating filters will be set to recirculatefive (5) times the average daily flow over atwenty-four (24)-hour period. Systems shouldbe designed with a high water alarm and lightsignal. Control panels should be located onan exterior location. Control operationsshould be located in an area available formaintenance;

(IV) Intermittent filter media shallbe a mixture of sand or durable inert particleswith one hundred percent (100%) passing thethree-eighths inch (3/8") sieve; ninety to onehundred percent (90–100%) passing the No.4 sieve; sixty-two to one hundred percent(62–100%) passing the No. 10 sieve; forty-five to eighty-two percent (45–82%) passingthe No. 16 sieve; twenty-five to fifty-five per-cent (25–55%) passing the No. 30 sieve; tenpercent (10%) or less passing the No. 60sieve; four percent (4%) or less passing theNo. 100 sieve; or sand meeting the ASTM-C33 concrete sand specification minus fourpercent (4%) or less passing the No. 100sieve. All drainage rock should be a riverwashed, hardened and weathered rock. Thetreatment media will be two inches (2") deepand of a coarse media with an effective sizeof one and one-half to three millimeters (11/2–3 mm) and a uniformity coefficient ofless than two (2). Limestone or dolomite isnot acceptable for drainage rock;

(V) Recirculating filter media shallbe a mixture of sand or durable inert particleswith one hundred percent (100%) passing the

three-eighths inch (3/8") sieve; seventy-nineto one hundred percent (79–100%) passingthe No. 4 sieve; eight to ninety-two percent(8–92%) passing the No. 8 sieve; zero to fif-teen percent (0–15%) passing the No. 30sieve; zero to one percent (0–1%) passing theNo. 50 sieve. All drainage rock should be ariver washed, hardened and weathered rock.The treatment media will be two inches (2")deep and of a coarse media with an effectivesize of one and one-half to three millimeters(1–1/2 3 mm) and a uniformity coefficient ofless than two (2). Limestone or dolomite isnot acceptable for drainage rock; and

(VI) Container designs may be con-crete containers consisting of watertight wallsand floors to prevent groundwater from infil-trating or effluent from exfiltrating from thefilter. All penetrations through the walls shallbe watertight. Containers may also consist ofa thirty (30) mil polyvinyl chloride liner cov-ering the sand filter bottom and side wallareas. Polyvinyl chloride liners should besupplied with repair kits and boots for pas-sage through the liner wall. The bottom areaof the liner should be bedded in two inches(2") of leveling sand. The liner should beconstructed to form a waterproof membranebetween the trench bottom and trench walls.The polyvinyl liner should incorporate allseams to be a chemically or heat bondedwaterproof seam.

E. The filter design criteria shallinclude the following:

(I) The interior base of the filtercontainer shall be level or constructed at agrade of one percent (1%) or less to theunderdrain pipe elevation;

(II) The underdrain piping shallconsist of a pipe with one-fourth inch (1/4")grooves cut every four inches (4") along thepipe length to a depth of one-half (1/2) of thepipe diameter. The bottom of the filter con-tainer shall be covered with a minimum of sixinches (6") of drain media. The underdrainpipe shall be enveloped in an amount anddepth of drainage rock to prevent migration ofthe underdrain media into the pipe perfora-tions;

(III) A minimum of twenty-fourinches (24") of approved filter media shall beinstalled over the underdrain media. Themedia shall be damp at the time of installa-tion to insure compaction of the media. Thetop surface of the media shall be level;

(IV) There shall be a minimum ofthree inches (3") of clean drain media belowthe distribution laterals, and sufficient mediaabove the laterals equal to or covering the ori-fice shields and/or pipe;

(V) Distribution laterals shall beevenly spaced on minimum, thirty-inch (30")

38 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

centers. Orifices shall be placed such thatthere is one (1) orifice or more on averageper six square feet (6 sq. ft.) of sand surface.Orifice holes shall be one-eighth inch (1/8")in diameter. The diameter of the piping man-ifold and lateral shall be no less than one-halfinch (1/2"). The ends of the distribution lat-erals should be constructed with a means toperform flushing of the piping, collectively orindividually, through the operation of a flush-ing valve. The flushed effluent may be dis-charged to the sand filter;

(VI) The top of the intermittentmedia in which the pressure distribution sys-tem is installed shall be covered with abreathable nylon or polypropylene spun filterfabric rated at eighty-five hundredths ounceper square yard (0.85 oz./sq. yd.) to elimi-nate soil intrusion into the filter media.Recirculating filters shall be open-topped;

(VII) The top of the intermittentsand filter area shall be backfilled with a soilcover, free of rocks, vegetation, wood waste,etc. The soil cover shall have a textural classof loamy sand. The soil cover shall have aminimum depth of six inches (6") and a max-imum depth of twelve inches (12").Intermittent sand filters designs may deletesoil cover and incorporate three to six inches(3–6") of a quality cypress or cedar mulchover the entire filter area;

(VIII) Where the effluent from asand filter is to be discharged via a pump, thepump and related apparatus shall be housedin a vandal resistant vault designed to with-stand the stresses placed upon it and notallow the migration of drain media, sand orunderdrain media to its interior. The vaultshall have a durable, affixed floor. The vaultshall provide watertight access to the finishedgrade with a diameter equal to that of a grav-ity discharge sand filter. The depth of theunderdrain and the operational level of thepump cycle and alarm shall not allow effluentto come within two inches (2”) of the bottomof the sand filter media. The pump off levelshall be no lower than the invert of the perfo-rations of the underdrain piping. The internalsand filter pump shall be electrically linked tothe sand filter dosing apparatus in such amanner as to prevent effluent from enteringthe sand filter in event the internal sand filterpump fails; and

(IX) Other sand filters which varyin design from those described in this rulemay be authorized by the administrativeauthority if they can be demonstrated to pro-duce a comparable effluent quality.

F. Effluent from these sand filtersmay discharge to the ground surface, provid-ed the effluent is maintained on the owner’s

property and the following separation dis-tances are maintained:

(I) The discharge shall be a mini-mum of one hundred feet (100') from privatewater supply wells; one hundred-fifty feet(150') from unplugged abandoned wells orwells with less than eighty feet (80') of cas-ing; and three hundred feet (300') from pub-lic water supply wells;

(II) The discharge shall be a mini-mum of one hundred feet (100') fromsprings; five hundred feet (500') from theedge of surficial sink holes; fifty feet (50')from a classified stream; and twenty-five feet(25') from a stream or open ditch; and

(III) The discharge shall be a mini-mum of seventy-five feet (75') from propertylines.

G. If effluent can not meet the mini-mum separation distances as described insubparagraph (6)(G)2.F., then the effluentmust be disposed of into a soil absorption sys-tem. The required footage of the soil absorp-tion system may be reduced by up to one-third (1/3) of that required for a conventionalsoil absorption system. Shallow bury designsshould be utilized whenever possible toachieve the best absorption rates.

(H) Drip Soil Absorption. Drip soilabsorption also known as trickle irrigationmay be approved by the administrativeauthority in accordance with section (6) ofthis rule. Due to the various pretreatmentmethods and appurtenances and lack ofextensive experience, drip soil absorptionsystems must be viewed as experimental, andback-up design for another system shall beapproved in case of failure of the drip soilabsorption system.

1. Drip lines shall be placed two feet(2') apart in a parallel arrangement. Emittersshall be placed in the drip lines every two feet(2') so there will be a two-foot by two-foot(2'×2') grid pattern. Other configurationsand spacings of the drip line and emitters maybe used; however, each emitter will be con-sidered to cover four square feet (4 sq. ft.) ofabsorption area.

2. The application rate shall not exceedthe values as shown in Table 7 for low pres-sure pipe systems in subparagraph (6)(C)3.A.of this rule.

3. Drip soil absorption systems may beallowed at sites where the soil is classified asbeing in group IVb. A minimum separationdistance of twelve inches (12") shall be main-tained between the drip lines and emitters anda high ground water table or other limitingcondition. The maximum application rate forIVb soils shall be from five-hundredths toone-tenth gallons per day per square foot(0.05 0.10 gpd/sq. ft.) of absorption field

(I) Wetlands. Constructed wetlandsprovide secondary levels of treatment, whichmeans that some form of pretreatment (septictank, aeration tank, lagoon, etc.) must beused prior to the wetland, as wetlands cannotwithstand large influxes of suspended solids.The pretreatment used must be capable ofremoving a large portion of these solids.Effluent from wetlands must be contained onthe owner’s property with the same set-backdistances as required for lagoons in Table 1,located in subsection (1)(D) of this rule.

1. Free water surface wetlands are shal-low beds or channels with a depth less thantwenty-four inches (24") and filled withemergent aquatic plants. This type of wetlandshall not be allowed.

2. Submerged flow wetlands are sim-ilar to free water surface wetlands except thatthe channels are filled with shallow depths ofrock, gravel or sand. The depth of the porousmedia is usually less than eighteen inches(18”). The porous media supports the rootsystems of the emergent aquatic vegetation.The water level is to be maintained below thetop of the porous media so that there is noopen water surface.

3. The surface area of wetlands shall bedetermined by using the following equation:

As= [Q(inCo — InCe)]/(kT × f × d)where: As = wetland surface area, sq. ft.

Q = daily flow rate to wetland,cu.ft./day([gallons/day]÷7.5);

Co = influent BOD5 concentration,mg/L;

Ce = effluent BOD5 concentration,mg/L;

kT = temperature dependent rateconstant, per day;

d = water depth in wetland, ft; andf = void fraction of rock media,

decimal.

4. After a surface area has been deter-mined, a cross-sectional area shall be calcu-lated against hydraulic loading by using thefollowing equation:

Ah = Q/(Kh × S)where: Ah = cross-sectional area (hydraulic

loading), sq. ft.;Kh = hydraulic conductivity of rock

media, ft./day*; andS = slope of wetland bottom, deci-

mal

* A value of eight hundred feet per day (800ft./day) may be used for the hydraulic con-ductivity for rock of one inch (1") diameter.

CODE OF STATE REGULATIONS 39ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

40 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

** Values for slope should range betweentwenty-five hundredths and one percent (0.25–1%).

5. After the hydraulic loading has beendetermined, an organic loading shall be cal-culated using the following equation:

Ao = OGL/0.05where: Ao = cross-sectional area (organic

loading), sq. ft.; andOGL = organic loading, lbs BOD5/day.

6. The larger of the two (2) calculations,the hydraulic loading or the organic loading,shall be used to determine the wetland dimen-sions. Wetlands should not be long and nar-row.

7. The width of the wetland shall be cal-culated by dividing the larger cross-sectionalarea by the water depth. The calculated widthshould not be less than one-third (1/3) of thelength (a length: width ratio of three to one(3:1)). Should it be necessary to construct awetland with a ratio greater than three to one(3:1), step-loading along the length of thewetland shall be considered.

8. The configuration of a wetland for anindividual home can be a one (1) cell or two(2) cells in series, depending upon the soilproperties at the site. Larger systems mayconsist of multiple cells in parallel or seriesin order to provide more managementoptions.

A. Single cells may be used wherethere will be no percolation of water throughthe bottom of the wetland. Water movementproperties of the soil at the wetland construc-tion site must be determined either by use ofproperly performed percolation tests or athorough soil profile analysis performed by aqualified person meeting the criteria of 19CSR 20-3.080.

B. For soils with percolation rates ofsixty minutes per inch (60 min./in.) or lessand where geological limitations are notsevere, a two (2)-cell wetland may be used.The first cell shall be lined, allowing no per-colation. The second cell may be unlined andfilled with sand (not rock) to promote somepercolation from the bottom of the wetland.The second cell shall not be larger than thefirst cell.

9. Crushed limestone or other rock withsharp edges shall not be used for a porousmedia as this type of rock will compact withtime. Rock with rounded edges, such as creekgravel, shall be used. Rock must be thor-oughly washed to remove fines which maycause plugging. Rock substrate size should beone inch (1") diameter, while rock to be usedaround inlet and outlet pipes may be two to

four inches (2–4") diameter to reduce poten-tial clogging. A three to four inch (3–4")layer of washed pea gravel may be used ontop of the one inch (1") substrate for decora-tive purposes.

10. All piping shall be SDR 35 sewerpipe, Schedule 40 polyvinyl chloride (PVC)DWV pipe, or material of equivalent orstronger construction. Piping shall be a fourinch (4”) diameter.

11. Influent shall be distributed andeffluent collected by header pipes running thewidth of the wetland. Perforated sewer pipecan be used for the headers. For unperforatedpipe, a one and one-half inch (1 1/2”) holeshall be drilled every twelve inches (12”)along the header. Headers shall be placed atthe bottom of the wetland on a bed of rockand covered with two to four inch (2–4”)rock. A cleanout shall be placed before theinfluent header.

A. If effluent from the septic tankflows to the wetland by gravity and there areparallel cells in the wetland, a distributionbox shall be placed ahead of the wetland sothat flow can be controlled to individual cells.

B. If effluent is pumped, the pumpingrate shall not exceed twenty-five gallons perminute (25 gpm) and no more than one-third(1/3) of the daily design flow shall bepumped at one (1) time.

12. Water level in a wetland shall becontrollable. The range of control shall befrom two inches (2") above the surface of therock to complete draining of the wetland.Maximum water level in the wetland shall bea minimum of twelve inches (12") below theoutlet of the septic tank so that water does notback up into the septic tank.

A. To conveniently check the waterlevel relative to the gravel surface, a four inch(4") diameter perforated pipe may be placedin the bottom of the wetland, through thechannel embankment, and then elbowed up tothe elevation of the top of the channel.

B. Water level control may beobtained by use of swivel standpipes or col-lapsible tubing.

13. Surface water shall be kept out ofthe wetland. This may be accomplished bydiverting runoff away from the wetland orconstructing an earthen berm around the wet-land. Berms shall be a minimum of six inch-es (6") above the surface of the porous media.

14. Emergent plants shall be selected bythe ability of the plants to: root and grow inthe wastewater-rock environment, treatwastewater to acceptable levels, producebiomass in amounts that can be controlledand aesthetics. Reference may be made toTables 11 and 12 in selecting desired plants.

(J) Privy. A privy will be allowed only

under limited conditions and will not be rec-ognized as a method of sewage disposal for acontinuously occupied dwelling, business orother structure. A privy will only be consid-ered for remote area not served by a pipedwater source. Example of these areas may berural cemetery, a rural church with a smallcongregation and where hand-washing facili-ties are available, or a river access point pro-vided by the Department of Conservation.Plans and construction of a privy will need tomeet the approval of the administrativeauthority.

1. The privy shall be use to receive onlyhuman excreta and toilet paper. The privyshall not be used as a depository for otherwastes.

2. A pit shall be provided for the privy.The sides of the pit shall be curbed to preventcave-in. If the pit has an earth bottom, thebottom shall be at least three feet (3') abovesaturated soil conditions. If this separationdistance cannot be achieved in the location ofthe privy, then the pit shall be liquid tight.

CODE OF STATE REGULATIONS 41ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

42 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

3. The pit shall be periodically pumpedout by someone who services septic tank sys-tems. At no time shall the pit contents beallowed to accumulate to within one foot (1')of the pit top. The pit contents shall then betransported and disposed into a communitysewer system that is in compliance withChapter 644, RSMo.

4. Both the pit and the privy shall bevented, Inspect-proof openings shall beplaced in the walls, below the seat. A ventshall extend from the underside of the seatboard through the roof or up to a horizontalvent open to the sides of the toilet. This ventmust be flush with the underside of the seatboard and shall not extend down into the pit.All vent openings to the outside shall beproperly screened to keep out insects. Thetop of the privy shall have a screened openingon each side. It is preferable the opening beall the way around the top of the privy inorder to allow to allow air to pass throughand to carry away any odors which may seepinto the upper part of the structure. If a cres-cent-shaped opening is cut into the door orwall of the privy, it shall also be screened.

5. The inside of the privy shall be ofdurable, smooth, nonabsorbent material. Ifwood is used, the inside of the structure shallbe coated with a polyurethane-type coating soas to minimize the penetration of liquids andodors into the wood.

6. A tight-fitting door, preferably with aself-closing feature, such as a door spring,shall be used.

7. A privy shall be set back from surfacewaters, buildings, property lines and watersupply wells the same distance as required forsoil treatment areas. This information may befound in subsection (1)(D), Table 1 of thisrule.

8. The privy shall be of sufficient capac-ity for the facility it serves, but shall have atleast fifty cubic feet (50 cu. ft.) of capacity.

9. Abandoned pits shall have the con-tents removed, transported and disposed intoa community sewer system that is in compli-ance with Chapter 644, RSMo. This activityshall be performed by someone who servicesseptic tank systems. The pit shall then befilled with clean earth and slightly moundedto allow for settling.

(K) Other Systems. Where unusual condi-tions exist, special systems of treatment anddisposal, other than those specifically men-tioned in this rule, may be employed provid-ed—

1. Reasonable assurance of performanceof the system is presented to the administra-tive authority;

2. The engineering design of the systemis first approved by the administrative author-ity;

3. Adequate substantiating data indicatethat the effluent will not contaminate anydrinking water supply, groundwater used fordrinking water or any surface water;

4. Treatment and disposal of the wasteswill not deteriorate the public health and gen-eral welfare;

5. Discharge of effluent, if any, shall bewithin set-back distances as described inTable 1, located in subsection (1)(D) of thisrule; and

6. These systems comply with all appli-cable requirements of this rule, with all localcodes and ordinances, and all applicablerequirements of sections 701.025–701.055and Chapter 644, RSMo.

(L) Variances. Variances may be consid-ered and granted by the administrativeauthority concerning repair to on-site sewagedisposal systems existing prior to January 1,1996 with site limitations or for propertyplatted prior to January 1, 1996 with site lim-itations. Where variances have been allowedfrom the standards, the administrative author-ity may require that a higher level of pre-treatment than that of a septic tank be provid-ed. At the discretion of the administrativeauthority and with relative assurance for pro-tection of the public health and preservationof the quality of surface and ground waters,variances may be allowed for the following:

1. Setbacks as specified in Table 1,located in subsection (1)(D) of this rule.

2. Minimum distance between the infil-trative surface and restrictive feature orbedrock.

3. Minimum areas for infiltrative sur-faces as shown in Table 5 (see (5)(A)4.),Table 6 (see (5)(A)16.C.), Table 7 (see(6)(C)3.A.), Table 8 (see (6)(E)3.), Table 9(see (6)(E)7.) and Tables 13 and 14 (see(7)(M)) of this rule.

4. A written application for a varianceshall be provided to the administrativeauthority and shall provide the following:

A. An explicit description explainingwhy the requirements of this rule cannot becomplied with, including a description ofspecific sections of this rule for which a vari-ance is being requested;

B. A design of the proposed system.The design shall show that as much soilabsorption as is practically possible will beinstalled;

C. The existing and maximum occu-pancy pattern and the existing water usagerecords, if any;

D. Potential impact, if any, on neigh-boring property owners and the names and

mailing addresses of these property owners;and

E. Adequate substantiating data toindicate that the effluent will not contaminateany drinking water supply, groundwater usedfor drinking water or any surface water.

5. These systems shall comply with allapplicable requirements of these standardsexcept where variances have been granted.

6. No variance will be granted for anysystem that would result in noncompliancewith Chapter 644, RSMo Missouri CleanWater law and subsequent rules. On-sitesewage disposal systems with a discharge,other than a system serving a single familyresidence lot, must be referred to theDepartment of Natural Resources and complywith Chapter 644, RSMo, Missouri CleanWater Law and subsequent rules.

7. If effluent can not meet the minimumseparation distances as described in Table 1of subsection (1)(D), then the effluent mustbe disposed of into a soil absorption system.Set-back distances for lagoons will be con-sidered applicable to alternative systems. Therequired footage of the soil absorption systemfollowing alternative systems may be reducedby up to one-third (1/3) of that required for aconventional soil absorption system. Shallowbury designs should be utilized wheneverpossible to achieve the best absorption rates.

8. All adjacent and/or affected propertyowners shall be notified in writing by theadministrative authority whenever considera-tion for granting a variance is likely to resultin effluent crossing property lines. The partyrequesting the variance shall be responsiblefor supplying the names and addresses of alladjacent and/or affected property owners tothe administrative authority. Adjacent and/oraffected property owners shall be allowedthirty (30) days from the date of the writtennotification to contact the administrativeauthority to express comments concerningthe consideration of granting a variance.

9. In cases of complaint abatement,where effluent cannot be maintained on theowner’s property, within the required set-back distances and presents a nuisance orthreat to public health or surface or groundwater quality, the administrative authoritymay require a holding tank be placed at theoptimum location within the sewage system,in order to abate the complaint. The ownershall be responsible for assuring the holdingtank is pumped as needed, with the contentsbeing disposed of in a Department of NaturalResources permitted facility.

(7) Detailed Soils Evaluation.(A) General. The intent of this section is to

provide minimum standards for site evaluations

CODE OF STATE REGULATIONS 43ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

44 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

based upon evaluation of the soil characteris-tics, namely texture, color, structure,drainage and depth. Criteria are also givenfor sizing standard systems and some alterna-tive systems.

(B) Adoption and Use. Where this rule isadministered by an administrative authority,those administrative authorities may adoptthis section, in whole or in part, as part of alocal code or ordinance. Nothing in this ruleor section shall require any administrativeauthority to allow an installation based uponthe criteria contained in this section. Theadministrative authority may require percola-tion tests in addition to evaluation of soilcharacteristics. Whenever percolation testsand these criteria are used, the size of theproposed system or suitability of a site shouldbe based upon which criteria produce themost conservative system. This type evalua-tion should be conducted by a professionalsoil scientist, engineer, sanitarian or regis-tered geologist with special training in deter-mining soil morphological characteristics inthe field.

(C) Site Evaluation. An investigation of aproposed soil absorption site shall considerthe following factors:

1. Topography and landscape position; 2. Soil characteristics (morphology)

which includes texture, structure, porosity,consistence, color and other physical, miner-al and biological properties of various hori-zons, and the thickness and arrangement ofthe horizons in the soil profile;

3. Soil drainage, which includes bothexternal (surface) and internal (soil);

4. Soil depth; 5. Restrictive horizons; and 6. Available space.

(D) Site evaluations shall be made inaccordance with subsections (7)(E)–(M) ofthis rule. Based on this evaluation, each ofthe factors listed in subsection (7)(C) of thisrule shall be classified as suitable, provision-ally suitable or unsuitable.

(E) Topography and Landscape Position.Uniform slopes under fifteen percent (15%)shall be considered suitable with respect totopography. When slopes are less than twopercent (2%), provisions shall be made toinsure adequate surface drainage. Whenslopes are greater than four percent (4%), theabsorption lines shall follow the contour ofthe ground.

1. Uniform slopes between fifteen per-cent (15%) and thirty percent (30%) shall beconsidered provisionally suitable with respectto topography, if the soils are thirty-six inch-es (36") or more thick. Slopes within thisrange may require installation of interceptordrains upslope from the soil absorption sys-

tem to remove all excess water that might bemoving laterally through the soil during wetperiod. Usable areas larger than minimumare ordinarily required in this slope range.

2. Slopes greater than thirty percent(30%) shall be considered unsuitable exceptwhen a thorough study of the soil character-istics indicates that a soil absorption systemwill function satisfactorily and sufficientground area is available to properly installsuch a system. Slopes greater than thirty per-cent (30%) may be classified as provisionallysuitable when all of the following conditionsare met:

A. The slope can be terraced or oth-erwise graded or the absorption lines locatedin naturally occurring soil to maintain a min-imum ten-foot (10') horizontal distance fromthe absorption trench and the top edge of thefill embankment;

B. The soil characteristics can beclassified as suitable or provisionally suitableto a depth of at least one foot (1') below thebottom of the absorption trench;

C. Surface water runoff is divertedaround the absorption field so that there willbe no scouring or erosion of the soil over thefield;

D. If necessary, groundwater flow isintercepted and diverted to prevent the waterfrom running into or saturating the soilabsorption system; and

E. There is sufficient ground areaavailable to install the septic tank system withthese modifications.

3. Complex slope patterns and slopesdissected by gullies and ravines shall be con-sidered unsuitable to topography.

4. Areas subject to frequent floodingshall be considered unsuitable to landscapepositions.

5. Depressions shall be consideredunsuitable with respect to landscape positionsexcept when the site complies essentially withthe requirements of this section and is specif-ically approved by the administrative authori-ty.

6. If directed by the administrativeauthority, the surface area on or around aground absorption system sewage treatmentand disposal system shall be landscaped toprovide adequate drainage. The interceptionof perched or lateral groundwater movementshall be provided where necessary to preventsoil saturation on or around the groundabsorption sewage treatment and disposal sys-tem.

(F) Soil Characteristics (Morphology).Soil borings or pits shall be taken at the siteto be used for soil absorption systems. Theseborings shall be taken to a depth of forty-eight inches (48") or as required to determine

the soil characteristics. Soil borings or pitsand core samples shall be evaluated and adetermination made on the suitability of thesoil to treat and absorb septic tank effluent.The important soil characteristics which shallbe reviewed by the administrative authorityare as follows:

1. The relative amounts of the differentsizes of mineral particles in a soil are referredto as soil texture. All mineral soils are com-posed of sand, two to five hundredths mil-limeters (2–.05 mm) in size; silt, whichincludes intermediate-sized particles that can-not be seen with the naked eye but feel likeflour when pressed between the fingers, fivehundredths to two thousandths millimeter(0.05–0.002 mm) in size; or clay, which isextremely small in size and is the mineralparticle that gives cohesion to a soil, less thantwo thousandths millimeters (0.002 mm) insize or a combination of these. The texture ofthe different horizons of soils may be classi-fied into five (5) general groups and shall beused for determining the application ratesshown in Tables 6 and 7 of this rule.

A. Soil Group I. Sandy texture soilscontain more than seventy percent (70%)sand-sized particles in the soil mass. Thesesoils do not have enough clay to be cohesive.Sandy soils have favorable sewage applicationrates, but may have a low filtering capacityleading to malfunction due to contaminationof groundwater. The sandy group includes thesand and loamy sand soil textural classes andshall generally be considered suitable in tex-ture.

(I) Sand. Sand has a gritty feel,does not stain the fingers and does not forma ribbon or ball when wet or moist.

(II) Loamy sand. Loamy sand has agritty feel, stains the fingers (silt and clay),forms a weak ball and cannot be handledwithout breaking.

B. Soil group II. Coarse loamy texturesoils contain more than thirty percent (30%)sand-sized particles and fewer than twentypercent (20%) clay-sized particles in the soilmass. They exhibit slight or no stickiness.The coarse loamy group includes sandy loamand loam soil textural classes and shall gen-erally be considered suitable in texture.

(I) Sandy loam. Sandy loam feelsgritty and forms a ball that can be picked upwith the fingers and handled with care with-out breaking.

(II) Loam. Loam may feel slightlygritty but does not show a fingerprint andforms only short ribbons ranging from twen-ty-five hundredths to fifty hundredths inch(.25–.50") in length. Loam will form a ballthat can be handled without breaking.

C. Soil group III. These fine loamytexture soils contain fewer than forty percent(40%) clay-sized particles and not more thanthirty percent (30%) sand-sized particles in asoil mass. Also this group is limited to lessthan thirty-five percent (35%) clay when theclay minerals exhibit high shrink/swell char-acteristic and exhibit slight to moderate stick-iness. The fine loamy group includes sandyclay loam, silt loam, clay loam and silty clayloam textural classes and shall generally beconsidered provisionally suitable in texture.

(I) Silt loam. Silt loam feels flourywhen moist and will show a fingerprint butwill not ribbon and forms only a weak ball.

(II) Silt. Silt has a floury feel whenmoist and sticky when wet but will not ribbonand forms a ball that will tolerate some han-dling.

(III) Sandy clay loam. Sandy clayloam feels gritty but contains enough clay toform a firm ball and may ribbon to form sev-enty-five hundredths to one-inch (.75–1")pieces.

(IV) Silty clay loam. Silty clayloam is sticky when moist and will ribbonfrom one to two inches (1–2"). Rubbing siltyclay loam with the thumbnail produces amoderate sheen. Silty clay loam produces adistinct fingerprint.

(V) Clay loam. Clay loam is stickywhen moist. Clay loam forms a thin ribbon ofone to two inches (1– 2") in length and pro-duces a slight sheen when rubbed with thethumbnail. Clay loam produces a non-distinctfingerprint.

D. Soil group IV. These clayey tex-ture soils contain forty percent (40%) ormore clay-sized particles and include sandyclay, silty clay and clay. This group may alsoinclude clay loam and silty clay loam whenthe clay fraction is greater than thirty-fivepercent (35%) and of a high shrink/swellnature. There are two (2) major types of claysnonexpandable and expandable. The nonex-pandable clays, when wet, are slightly stickyto sticky; when moist, are friable to firm; andwhen dry, they are slightly hard to hard. Thenonexpandable clays (Group IVa) shall gener-ally be considered provisionally suitable intexture. The expandable clays, when wet, arevery sticky and very plastic and when moist,these clays are very firm to extremely firmand when dry, are very hard to extremelyhard. The expandable clays (Group IVb) shallbe considered unsuitable in texture.

(I) Sandy clay. Sandy clay is plas-tic, gritty and sticky when moist and forms afirm ball and produces a thin ribbon to overtwo inches (2") in length.

(II) Silty clay. Silty clay is bothplastic and sticky when moist and lacks any

gritty feeling. Silty clay forms a firm ball andreadily ribbons to over two inches (2") inlength.

(III) Clay. Clay is both sticky andplastic when moist, produces a thin ribbonover two inches (2") in length, produces ahigh sheen when rubbed with the thumbnailand forms a strong ball resistant to breaking.

E. Soil group V. This soil group maybe of any texture, however, the most predom-inant are cherty and very cherty clays, siltloams and silty clay loams. The amount ofrock fragments in these soils is of a concernin areas of residual soils overlying highly per-meable bedrock where groundwater couldbecome contaminated. In general, soils withless than fifty percent (50%) rock fragmentswill be considered suitable. In general, soilswith greater than fifty percent (50%) rockfragments over highly permeable bedrockwill be considered unsuitable. Soils withgreater than fifty percent (50%) rock frag-ments will be considered provisionally suit-able if geological limitations are not severe.

F. The soil texture shall be estimatedby field testing; and

2. Soil consistency. Soil consistency iscomprised of the attributes of soil material,typically clay, that are expressed by thedegree and kind of cohesion and adhesion orby the resistance to deformation or rupture.

A. Soil consistency when wet shall beconsidered as follows:

(I) Stickiness. Stickiness is thequality of adhesion to other objects. For fieldevaluation of stickiness, wet soil material ispressed between thumb and finger and itsadherence noted. Degrees of stickiness aredescribed as follows:

(a) Slightly sticky. After pres-sure, soil material adheres to both thumb andfinger but comes off one or the other cleanly.It is not appreciably stretched when the digitsare separated;

(b) Sticky. After pressure, soilmaterial adheres to both thumb and fingerand tends to stretch somewhat and pull apartrather than pulling free from either digit; and

(c) Very sticky. After pressure,soil material adheres to both thumb and fin-ger and is decidedly stretched when they areseparated; and

(II) Plasticity. Plasticity is the abil-ity to change shape continuously under theinfluence of an applied stress and to retain theimpressed shape on removal of the stress. Forfield determination of plasticity, the soilmaterial shall be rolled between the thumband finger to observe whether or not a wireor thin rod of soil can be formed. Degree ofresistance to deformation at or slightly abovefield capacity is as follows:

(a) Slightly plastic. Wireformable but soil mass easily deformable;

(b) Plastic. Wire formable andmoderate pressure required for deformationof the soil mass; and

(c) Very plastic. Wire formableand much pressure required for deformationof the soil mass.

B. Soil consistency when moist.Consistence when moist is determined at amoisture content approximately midwaybetween air dry and field capacity. At thismoisture content, most soil materials exhibita form of consistency—characterized by ten-dency to break into smaller masses ratherthan into powder; some deformation prior torupture; absence of brittleness; and ability ofthe material after disturbance to cohere againwhen pressed together. To evaluate this con-sistency, a mass that appears slightly moistshall be selected and attempt made to crush inthe hand.

(I) Friable. Soil material crusheseasily under gentle to moderate pressurebetween thumb and finger, and coheres whenpressed together.

(II) Firm. Soil material crushesunder moderate pressure between thumb andfinger but resistance is distinctly noticeable.

(III) Very firm. Soil material crush-es under strong pressure; barely crushablebetween thumb and finger.

(IV) Extremely firm. Soil materialcrushes only under very strong pressure; can-not be crushed between thumb and finger andmust be broken apart bit by bit.

C. Soil consistency when dry. Theconsistency of soil materials when dry ischaracterized by rigidity, brittleness, maxi-mum resistance to pressure, more or less ten-dency to crush to a powder or to fragmentswith rather sharp edges, and inability ofcrushed material to cohere again whenpressed together. For evaluation, the air-drymass shall be selected and broken in thehand.

(I) Slightly hard. Weakly resistantto pressure, easily broken between thumb andfinger.

(II) Hard. Moderately resistant topressure; can be broken in the hands withoutdifficulty but is barely breakable betweenthumb and finger.

(III) Very hard. Very resistant topressure; can be broken in the hands onlywith difficulty; not breakable between thumband finger.

(IV) Extremely hard. Extremelyresistant to pressure; cannot be broken in thehands.

3. Soil structure. In many soils, thesand, silt and clay particles tend to cling or

CODE OF STATE REGULATIONS 45ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

stick to one another to form a ped or a clumpof soil. This is known as soil structure. Soilstructure may have a significant effect on themovement of effluent through a soil.Structure is usually not important in soilgroups I and II, and these types of soils shallgenerally be considered suitable as to struc-ture. The three (3) kinds of soil structure thatare most significant in movement of sewageeffluent through groups III and IV soils areblock-like, platy and the absence of soilstructure or massive conditions. These kindsof soil structure are described as follows:

A. Block-like soil structure. In groupsIII and IV soils, if the soil exhibits many pedsof angular and subangular peds, then the soilshave block-like structure. The sewage effluentmay move between the cracks of these typesof peds. Block-like structure in groups III andIV soils is frequently destroyed by mechani-cal excavating equipment manipulating thesoil when it is too wet. Trenches for absorp-tion lines being placed in groups III and IVsoils with block-like structure should only bedug when the soils are moist or dry. Block-like soil structure in groups III and IV soilsshall be considered provisionally suitable;

B. Platy soil structure. If groups IIIand IV soils fall out into plate-like sheets,then the soil would have platy structure.Water or effluent movement through thesesoils would be extremely slow, and the struc-ture shall be considered unsuitable; and

C. Absence of soil structure. Somegroups II, III and IV soils are massive andexhibit no structural aggregates. In thesekinds of soils, water or effluent movementwould be negligible. This structure shall beconsidered unsuitable.

(G) Soil Drainage. Soils with seasonallyhigh water tables are of major concern inevaluating sites for sewage effluent disposal.These are the soil areas that give good sewageabsorption rates during dry seasons of theyear but force sewage effluent to the surfaceduring the wetter seasons.

1. The depth of the seasonal high watertable can commonly be recognized by thoseexamining soil profiles. The criterion forrecognition of high water tables is that of soilcolor. Subsurface horizons that are in colorsof reds, yellows and browns generally indi-cate good soil aeration and drainage through-out the year. Subsurface horizons that are incolors of gray, olive or bluish colors indicatepoor aeration and poor soil drainage. Thesedull or grayish colors may occur as a solidmass of soil or may be in mottles of localizedspots. The volume of grayish color is indica-tive of the length of time that free waterstands in that soil profile. There are soils thathave light-colored mottles which are relic

from the light-colored rock from which thesoils have weathered. These soils would nothave high water tables, so one must distin-guish between a true soil composed of sand,silts and clays, or the rock material that maystill exist in the soil profile. Similarly, thereare also some soils with surface or subsurfaceeluvial horizons with light colors which canbe unrelated to drainage conditions.

2. Any soil profile that has the grayishcolors of chroma 2 or less (Munsell colorchart) indicative of high water tables, or iseither subject to periodic high water, withintwenty-four inches (24") of the surface, or isless than twelve inches (12") between theproposed trench bottom and the high watertable, shall be considered unsuitable as todrainage. Soils where the seasonally highwater table is less than forty-eight inches(48") and more than twenty-four inches (24")below the naturally occurring surface shall beconsidered provisionally suitable for soildrainage, provided there remains at leasttwelve inches (12") of soil between the pro-posed trench bottom and the seasonally highwater table. Soils where the seasonally highwater table is greater than forty-eight inches(48") below the naturally occurring surfaceshall be considered suitable for soil drainage.Drainage systems installed for groundwaterlowering shall be maintained so that a mini-mum separation of one foot (1') occursbetween the absorption trench bottom and theseasonally high water table. For extensivedrainage systems, such as groundwater lower-ing in subdivisions, easements shall berecorded and shall have adequate width forreasonable egress and ingress for mainte-nance.

(H) Soil Thickness. The thickness of soilsto rock which are classified as suitable orprovisionally suitable in texture and structureshall be at least forty-eight inches (48") whenconventional soil absorption systems at con-ventional depths are to be utilized. Soil thick-ness greater than forty-eight inches (48")shall be considered as suitable as to soilthickness. Soil thickness less than forty-eightinches (48") and greater than thirty-six inch-es (36") shall be considered provisionallysuitable. Where special design and installa-tion modifications can be made to provide atleast two feet (2') of naturally occurring soilbelow the bottom of the absorption trench,these soils may be reclassified as provisional-ly suitable in thickness.

(I) Restrictive Horizons. Restrictive hori-zons in soils are recognized by their apparentresistance in excavation or in the use of a soilauger. Restrictive horizons may occur asfragipans or claypans. The fragipan is a layerthat owes its hardness mainly to extreme den-

sity or compactness as opposed to high claycontent or cementation. The layer is typical-ly dense and brittle. Although fragments arefriable when removed, when in place thematerial is so dense that water moves throughit very slowly. Unlike fragipans, the claypanis a compact, slowly permeable layer in thesubsoil having a much higher clay contentthan the overlying material. A sharplydefined boundary exists between the claypanand the overlying material. Claypans are typ-ically hard when dry and plastic and stickywhen wet.

1. Restrictive horizons that are greaterthan six inches (6") thick severely restrict themovement of water and sewage effluent anddo not adequately respond to groundwaterlowering drainage systems. Where these hori-zons are less than six inches (6") thick, theydo not severely restrict the movement ofwater and sewage effluent, but rather indicatethe presence of a seasonally high water tableand may be modified after special investiga-tion.

2. Soils in which restrictive horizons aresix inches (6") or more in thickness and atdepths greater than forty-eight inches (48")below the ground surface shall be consideredsuitable as to depth to restrictive horizons.Restrictive horizons six inches (6") or morein thickness and at depths between forty-eightinches and twenty-four inches (48–24") shallbe considered provisionally suitable as todepth to restrictive horizons. Restrictive hori-zons six inches (6") or more in thicknessencountered at depths less than twenty-fourinches (24") below the ground surface shallbe considered unsuitable as to depth torestrictive horizons.

(J) Other Applicable Factors. The site eval-uation should include consideration of anyother applicable factors involving environ-mental principles including:

1. The potential environmental hazard ofpossible failures of soil absorption systemsinvolving large quantities of sewage, whichwould dictate larger separation distances thanthe minimums specified in subsection (1)(D)of this rule; and

2. The potential environmental andhealth hazard of possible massive failures ofsoil absorption systems proposed to servelarge numbers of residences, as in residentialsubdivisions or mobile home parks.

(K) Determination of Overall SiteSuitability. All of the criteria in subsections(7)(E)–(J) of this rule shall be determined tobe suitable, provisionally suitable or unsuit-able as indicated. If all criteria are classifiedthe same, that classification shall prevail.Where there is a variation in classification ofthe several criteria, the following shall be

46 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

used in making the overall site classification.The lowest of the uncorrectable characteris-tics will determine the overall site classifica-tion. The administrative authority shall makethis determination—

1. If the topography is classified asunsuitable, it may be reclassified provisional-ly suitable under the conditions outlined insubsection (7)(E) of this rule;

2. If the soil texture is classified asunsuitable, the overall classification will beunsuitable regardless of the other criteriaunless the provisions of subsection (6)(K) ofthis rule are met;

3. If the soil structure is classified asunsuitable, the overall classification will beunsuitable regardless of the other criteriaunless the provisions of subsection (6)(K) ofthis rule are met;

4. When soil thickness is classified asunsuitable, it may be reclassified as provi-sionally suitable under the conditions out-lined in subsection (7)(H) of this rule;

5. When the restrictive horizon isclassified unsuitable, it may be reclassified asprovisionally suitable under the conditionsoutlined in subsection (6)(K) of this rule; and

6. When drainage (groundwater level)is unsuitable, it may be reclassified as provi-sionally suitable under the conditions out-lined in subsection (7)(G) of this rule.

(L) Site Classification. Sites classified assuitable may be utilized for a ground absorp-tion sewage treatment and disposal systemconsistent with this rule. A suitable classifi-cation generally indicates soil and site condi-tions favorable for the operation of a groundabsorption sewage treatment and disposal sys-tem or have slight limitations that are readilyovercome by proper design and installation.

1. Sites classified as provisionally suit-able may be utilized for a ground absorptionsewage treatment and disposal system consis-tent with this rule but with moderate limita-tions. Sites classified provisionally suitablerequire some modifications and careful plan-ning, design and installation for a groundabsorption sewage treatment and disposal sys-tem to function satisfactorily.

2. Sites originally classified as unsuit-able may be used for soil absorption disposalsystems, provided engineering, hydrogeologicand soil studies indicate to the administrativeauthority that a suitable septic tank system ora suitable alternate system can reasonably beexpected to function satisfactorily. These sitesmay be reclassified as provisionally suitableupon submission to the administrative author-ity and meeting the department's require-ments in subsection (6)(K) of this rule.

(M) Design Criteria. Tables 13 and 14shall be used when determining application

rates for the appropriate sewage disposal sys-tem design.

1. Table 13 shall be used when deter-mining the application rate for septic tanksystems of conventional design when usingthe site evaluation criteria in this rule.

2. The construction of any conventionalor LPP system must meet the other applica-ble requirements as set forth in section (6) ofthis rule. Soils for LPP systems must be clas-sified as suitable or provisionally suitable toa depth of two feet (2') from the originalground surface. Table 14 shall be used whendetermining the application rate when usingthe site evaluation criteria in this rule.

CODE OF STATE REGULATIONS 47ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

48 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

CODE OF STATE REGULATIONS 49ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

AUTHORITY: sections 701.040(1) and701.043.1., RSMo 1994.* Emergency rulefiled April 17, 1995, terminated April 26,1995. Original rule filed April 17, 1995,effective Dec. 30, 1995.

*Original authority: 701.040 and 701.043, RSMo 1994.

19 CSR 20-3.070 Requirements for On-SiteWastewater Treatment System Inspect-ors/Evaluators

PURPOSE: This rule establishes criteria forinclusion on the lists of those individualslicensed to inspect or evaluate on-sitewastewater treatment systems for the purpos-es of real estate transactions.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Applicability. The requirements and pro-cedures included in this rule apply to individ-uals qualified to perform inspections and/orevaluations of existing on-site wastewatertreatment systems upon a request from alending institution, a prospective purchaser,the owner of the property, a real estate agent,or a real estate broker.

(2) Definitions.(A) “Administrative authority” shall mean

the department or local public health agen-cies, planning and zoning commissions,county building departments, county publicworks departments, sewer districts, and/ormunicipalities that have authority to governon-site wastewater treatment systems.

(B) “Department” shall mean the MissouriDepartment of Health and Senior Services.

(C) “Lending institution” shall mean abank, savings and loan association, creditunion, consumer credit lender, mortgagebanker, or any other association or institu-tion, which makes real estate loans.

(D) “Licensed individual” shall mean anyperson, including staff of local administrativeauthorities, licensed by the department, toinspect or evaluate an existing on-sitewastewater treatment system for the purposesof a real estate transaction.

(E) “On-site wastewater treatment system(OWTS)” shall mean any system handling, ortreatment facility receiving, domestic sewagewhich discharges three thousand (3,000) gal-lons per day or less into a subsurface soilabsorption system or a single-family resi-dence lagoon.

(F) “Property owner” shall mean the per-son with the legal right to possession of realestate.

(G) “Requesting party” shall mean a lend-ing institution, a prospective purchaser, theproperty owner, a real estate agent, or a realestate broker who requests an inspection orevaluation of an OWTS serving a propertythat is the subject of a real estate transaction.

(3) An individual must be licensed with thedepartment to inspect or evaluate an existingOWTS upon the request from a lending insti-tution, which is providing either a govern-ment loan or conventional loan, or fromanother requesting party in connection with areal estate transaction. If the inspection orevaluation determines that the OWTS doesnot meet department standards, any new con-struction, major modification, or majorrepair must be conducted according to thestandards set forth in sections 701.025through 701.059, RSMo, and any rules pro-mulgated thereunder or applicable localOWTS ordinance.

(4) As deemed necessary by the department,an inspection or evaluation of an OWTS willinclude a microbiological test and otherexamination(s) of the private water supplyintended for potable use serving the sameproperty as the OWTS. In addition, theinspection or evaluation will include aninspection of any visible portion of the watersupply construction, from the source to thestorage vessel, and may include review of thewell drilling reports.

(5) If it is necessary to enter any adjoiningproperty in the course of an inspection orevaluation to properly make a determinationregarding the OWTS inspection/evaluation, alicensed individual shall notify the owner ofthe adjoining property and obtain permissionbefore entry is made.

(6) An individual must be licensed with thedepartment to perform inspections and evalu-ations of existing OWTS for the purposes of areal estate transaction. To be licensed withthe department, an individual shall:

(A) Complete a basic installer trainingcourse conducted by or approved by thedepartment with a score of seventy percent(70%) or higher;

(B) Complete a licensed inspector trainingcourse conducted by or approved by the

department with a score of seventy percent(70%) or higher; and

(C) Complete the department’s licensingprocess described in section (7) of this rule.

(7) Department’s Licensing Process. (A) The license shall be issued to only one

(1) individual person and not to a company,firm, association, or other group. Thelicense is not transferable.

(B) To obtain a license from the depart-ment, an individual must submit a completedapplication packet to the department forapproval. Completed application packetsshall be mailed to the Missouri Departmentof Health and Senior Services, Attention:Fee Receipts, PO Box 570, Jefferson City,MO 65102-0570.

(C) The application packet shall includethe following:

1. The completed application form, MoForm #1 (6-08), Application for Licensure, isincorporated by reference in this rule and isavailable on the Internet atwww.dhss.mo.gov/Onsite or by contactingthe department at PO Box 570, JeffersonCity, MO 65102-0570, (573) 751-6095. Thisrule does not incorporate any subsequentamendments or additions;

2. Documentation of the successfulcompletion of both the basic installers train-ing course and licensed inspector trainingcourse; and

3. A check or money order madepayable to the Missouri Department of Healthand Senior Services for the nonrefundable-processing fee of ninety dollars ($90). Theprocessing fee may be waived for the staff ofa local administrative authority that hasenacted local ordinances, which includerequirements for inspections of existingOWTS that are at least equal to departmentstandards.

(8) Department’s Renewal Licensing Process.An individual’s license with the departmentshall expire thirty-six (36) months from themonth of issuance unless the license has beenrevoked or surrendered.

(A) To renew their license with the depart-ment, an individual must submit a renewalapplication packet to the department forapproval. Completed application packetsshall be mailed to the Missouri Departmentof Health and Senior Services, Attention:Fee Receipts, PO Box 570, Jefferson City,MO 65102-0570.

(B) The renewal application packet shallinclude:

1. The completed application form, MoForm #2 (6-08), Application for LicensureRenewal, is incorporated by reference in thisrule and is available on the Internet atwww.dhss.mo.gov/Onsite or by contacting

50 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

CODE OF STATE REGULATIONS 51ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

the department at PO Box 570, JeffersonCity, MO 65102-0570, (573) 751-6095. Thisrule does not incorporate any subsequentamendments or additions;

2. A check or money order madepayable to the Missouri Department of Healthand Senior Services for the nonrefundable-processing fee of ninety dollars ($90). Theprocessing fee may be waived for the staff ofa local administrative authority that hasenacted local ordinances, which includerequirements for inspections of existingOWTS that are at least equal to departmentstandards; and

3. Documentation of the applicant’s suc-cessful completion, within the previous thir-ty-six (36) months of the following minimumcontinuing education:

A. For individuals who are renewingtheir license for the first time, at least twenty(20) hours of department-approved continu-ing education units of which at least eight (8)continuing education units shall meet selectdepartment criteria; or

B. For individuals who are renewingtheir license for the second or subsequenttime, at least twelve (12) hours of depart-ment-approved continuing education units ofwhich at least eight (8) continuing educationunits shall meet select department criteria.

(C) Individuals submitting a renewal appli-cation more than fifteen (15) calendar daysafter the previous license expires shall pay alate charge of ten dollars ($10) in addition tothe ninety-dollar ($90) processing fee.

(D) License renewal applications will notbe accepted if received by the departmentmore than forty-five (45) calendar days afterthe previous license expires. Individuals sub-mitting license renewal applications morethan forty-five (45) calendar days after theexpiration of their license will be required tocomplete the initial licensing process, includ-ing any department training requirements foran initial license.

(9) A fifteen-dollar ($15) processing fee willbe assessed for duplicate and/or replacementlicense identification cards.

(10) Standards of Practice for LicensedIndividuals.

(A) A licensed individual shall:1. Possess a current license with the

department before conducting any inspectionor evaluation of an OWTS;

2. Inspect or evaluate only those OWTSfor which requests have been made for thepurposes of real estate transactions.Investigations of complaints or alleged viola-tions of Chapter 701, RSMo, may only bemade by the department or a local adminis-trative authority;

3. As part of an OWTS inspection orevaluation, collect a water sample from a pri-vate water supply for microbiological testingand inspect any visible portion of the watersupply construction, from the source to thestorage vessel;

4. Record their license number on allbids, proposals, contracts, invoices, inspec-tion reports, evaluation reports, and othercorrespondence with the requesting party orthe department;

5. Apply department standards for allinspections and evaluations of OWTS usingthe correct procedures and forms to completethe inspection or the evaluation. Combininginspection and evaluation procedures orforms is not acceptable;

6. Document inspections and evalua-tions accurately in writing on department-approved forms;

7. Clearly state any defect(s), if theOWTS is found to be malfunctioning or oth-erwise not meeting department standards;

8. Retain one (1) copy of the completeddocumentation of the inspection or evaluationfor at least three (3) years and submit a copyto the department, the local administrativeauthority, if applicable, the requesting party,and the property owner;

9. Submit completed inspection/evalua-tion reports to the department within thirty(30) calendar days of completion, includingwater sample results if applicable; and

10. Notify the property owner thathe/she is not obligated to contract for repairor re-inspection services with the initiallicensed individual if the OWTS has beenfound to be malfunctioning or otherwise notmeeting department standards. However, thisparagraph does not preclude the licensedindividual from offering these services to theowner.

(11) The department may audit the work of alicensed individual at any time to determinewhether the standards of practice, as definedby this rule, are being met. Failure to adhereto department standards may be cause forplacement on probation, suspension, or revo-cation of the license, or for mandatory suc-cessful completion of a training course and/ortesting as described in section (6) of this rule.The audit may be an unannounced visit to theproperty inspected or evaluated, or a visitduring an inspection or evaluation with orwithout prior appointment with the licensedindividual.

(12) A licensed individual may have his/herlicense placed on probation, suspended, orrevoked if the individual:

(A) Fails an audit or refuses to participatein an audit;

(B) Fails to submit reports, submits falsereports, or allows another individual to usehis/her license;

(C) Is convicted of a violation of any pro-visions of sections 701.025 through 701.059,RSMo, or any rules promulgated under thesestatutes;

(D) Has pled guilty or has been foundguilty of an infraction, misdemeanor, orfelony involving misrepresentation, fraud, orother crime relating to activities of inspect-ing, evaluating, installing, repairing, or oth-erwise associated with an OWTS;

(E) Directs or allows an unlicensed indi-vidual to conduct any part of an inspection orevaluation of an OWTS; or

(F) Fails to comply with the standards ofpractice established in this rule.

(13) The suspension or revocation of an indi-vidual’s license shall be served in writing bycertified mail or personal service to theaffected individual or his/her representative.The decision of the department may beappealed to the Administrative HearingCommission as provided in Chapters 536 and621, RSMo.

(14) Any individual whose license has beenrevoked may not reapply for a license for atleast one (1) year from date of revocation,must complete the department’s trainingrequirements for licensure described in sec-tion (6) of this rule, and complete the depart-ment’s licensing process as described in sec-tion (7) of this rule.

(15) An individual may be permanentlybarred from reapplying for a license if theindividual:

(A) Has pled guilty or has been foundguilty of an infraction, misdemeanor, orfelony involving misrepresentation, fraud, orother crime relating to activities associatedwith an OWTS; or

(B) Has his/her license revoked a secondtime within five (5) years.

(16) No person without a valid license mayconduct any part of an inspection or evalua-tion of an OWTS, whether on his/her own orunder supervision of a person with a validlicense. Persons conducting inspections orevaluations without the required license, orrepresenting themselves as licensed, are con-sidered in violation of section 701.053,RSMo, which is a class A misdemeanor.

AUTHORITY: section 701.033, RSMo Supp.2008 and sections 701.046 and 701.051,RSMo 2000.* Emergency rule filed April 17,1995, terminated April 26, 1995. Originalrule filed April 17, 1995, effective Dec. 30,

1995. Rescinded and readopted: Filed Oct.22, 2008, effective May 30, 2009.

*Original authority: 701.033, RSMo 1986, amended 1993,1994, 1995, 2004; 701.046, RSMo 1994; and 701.051,RSMo 1994, amended 1997.

19 CSR 20-3.080 Requirements for Per-colation Testers, On-Site Soils Evaluatorsand Registered On-Site Wastewater Treat-ment System Installers

PURPOSE: This rule establishes the criteriafor inclusion on the lists of those individualsqualified to perform percolation tests and/orsoils morphology evaluations in determiningsoil properties for on-site wastewater treat-ment systems and for inclusion on the regis-tered on- site wastewater system installers listin accordance with sections 701.025 through701.059, RSMo.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of the rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of the reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Applicability. The requirements and pro-cedures included in this rule apply to individ-uals qualified to perform percolation testsand/or soil morphology evaluations andinstallers who are seeking inclusion on thedepartment’s on-site wastewater treatmentsystems professionals registry.

(2) Definitions.(A) “Administrative authority” shall mean

the department or local public health agen-cies, planning and zoning commissions,county building departments, county publicworks departments, sewer districts, and/ormunicipalities that have authority to governindividual on-site wastewater treatment sys-tems.

(B) “Advanced on-site wastewater treat-ment system (OWTS) installer” shall mean anindividual registered by the department toinstall advanced OWTS as listed by thedepartment.

(C) “Basic on-site wastewater treatmentsystem (OWTS) installer” shall mean an indi-vidual registered by the department to installbasic OWTS as listed by the department.

(D) “Department” shall mean the MissouriDepartment of Health and Senior Services.

(E) “Installer” shall mean any individual,other than a homeowner, who installs a sys-tem for their own personal use, who alters,extends, repairs, or constructs an OWTS,including but not limited to, excavating orearthmoving work connected with the con-struction of an OWTS on behalf of, or undercontract with, the property owner.

(F) “Licensed professional engineer” shallmean any person authorized pursuant to theprovisions of Chapter 327, RSMo, to practiceas a professional engineer in Missouri, as thepractice of engineering is defined in section327.181, RSMo.

(G) “On-site soil evaluator” shall meanindividuals including soil scientists, licensedprofessional engineers, and registered geolo-gists meeting the requirements of this rule.

(H) “On-site wastewater treatment system(OWTS)” shall mean any system handling, ortreatment facility receiving, domestic sewagewhich discharges three thousand (3,000) gal-lons per day or less into a subsurface soilabsorption system or a single-family resi-dence lagoon.

(I) “Registered geologist” shall mean anyperson authorized pursuant to the provisionsof Chapter 256, RSMo, to practice as a reg-istered geologist in Missouri, as defined insection 256.453(10), RSMo.

(J) “Soil morphology evaluation” shallmean the method of testing or evaluatingabsorption qualities of the soil by physicalexamination of the soil’s color, mottling, tex-ture, structure, topography, and hill-slopeposition.

(K) “Soil scientist” shall mean a personthat has successfully completed at least fif-teen (15) semester credit hours of soils sci-ence course work, including at least three (3)hours of course work in soil morphology andinterpretations.

(3) An individual must be registered with thedepartment to conduct any part of a percola-tion test or soil morphology evaluation inwhich results are intended for use in thedesign or installation of an OWTS accordingto the standards set forth in sections 701.025through 701.059, RSMo, and 19 CSR 20-3.060.

(A) Percolation Tests. To register with thedepartment to conduct percolation tests, anindividual shall:

1. Successfully complete a trainingcourse conducted by or approved by thedepartment, which shall include, at a mini-mum, course work, field work, a writtenexamination, and a practical examination; or

2. Meet the definition of an on-site soil

evaluator, licensed professional engineer, orregistered geologist; and

3. Complete the department’s registra-tion process described in section (5) of thisrule.

(B) Soil Morphology Evaluations. To reg-ister with the department to perform soilsmorphology evaluations, an individual shall:

1. Meet the definition of a soil scientistwith at least fifteen (15) semester credit hoursof soils science course work, including atleast three (3) hours of course work in soilmorphology and interpretations; or

2. Meet the definition of a licensed pro-fessional engineer or registered geologistwith at least ten (10) semester credit hours ofsoils science course work, including at leastthree (3) hours of course work in soil mor-phology and interpretations; and

3. Complete a written and field test con-ducted by or approved by the department witha score of seventy percent (70%) or higher onall sections of each examination; and

4. Complete the department’s registra-tion process described in section (5) of thisrule.

(4) An individual must be registered with thedepartment, with the exception of a home-owner meeting the requirements of section701.055, RSMo, to install an OWTS. Onlyinstallers registered as advanced OWTSinstallers shall install systems listed by thedepartment as advanced OWTS.

(A) Basic OWTS Installer. To register withthe department as a basic OWTS installer, anindividual shall:

1. Complete a basic installer trainingcourse conducted by or approved by thedepartment with a score of seventy percent(70%) or higher; and

2. Complete the department’s registra-tion process described in section (5) of thisrule.

(B) Advanced OWTS Installer. To registerwith the department as an advanced OWTSinstaller, an individual shall:

1. Possess a basic OWTS installer’s reg-istration in good standing;

2. Complete an advanced OWTSinstaller training course conducted by orapproved by the department with a score ofseventy percent (70%) or higher; and

3. Complete the department’s registra-tion process described in section (5) of thisrule.

(5) Department’s Registration Process. (A) To register with the department, an

individual must submit a completed applica-tion packet to the department for approval.Completed application packets shall be

52 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

CODE OF STATE REGULATIONS 53ROBIN CARNAHAN (4/30/09)Secretary of State

Chapter 3—General Sanitation 19 CSR 20-3

mailed to the Missouri Department of Healthand Senior Services, Attention: Fee Receipts,PO Box 570, Jefferson City, MO 65102-0570.

(B) The application packet shall includethe following:

1. The completed application form, MoForm #1 (6-08), Application for Registration,which is incorporated by reference in thisrule and is available on the Internet atwww.dhss.mo.gov/Onsite or by contactingthe department at PO Box 570, JeffersonCity, MO 65102-0570, (573) 751-6095. Thisrule does not incorporate any subsequentamendments or additions;

2. For on-site soil evaluators, mail anoriginal transcript from the college or univer-sity attended directly from the registrar to theMissouri Department of Health and SeniorServices, Attention: Bureau of EnvironmentalRegulation and Licensure, PO Box 570,Jefferson City, MO 65102-0570. If request-ed, provide course descriptions from the col-lege or university attended to verify thenature of the course work;

3. For percolation testers and on-sitesoil evaluators, provide proof of licensure asa professional engineer or certificate of regis-tration by the Board of Geologist Registrationindicating the registrant is in good standing,if applicable; and

4. A check or money order madepayable to the Missouri Department of Healthand Senior Services for the nonrefundable-processing fee of ninety dollars ($90).

(6) Department’s Temporary and Probation-ary Registration Process.

(A) Upon completion of the department’sregistration process described in section (5)of this rule, the department may issue a one(1)-time temporary basic OWTS installer reg-istration, valid for no more than one hundredeighty (180) calendar days for work in a spe-cific county or counties. The temporary basicOWTS registration will be converted to abasic OWTS installer registration upon com-pletion of a training course conducted by orapproved by the department. Failure to com-plete the training or the department’s regis-tration process will result in termination ofthe individual’s temporary basic OWTSinstaller registration.

(B) The department may issue a probation-ary basic OWTS installer registration forwork in a specific county or counties. Thisregistration will be valid for a specific periodof time, as determined by the department,and will be dependent on the registered indi-vidual meeting and maintaining specificrequirements as established by the depart-ment and completing the department’s regis-

tration process as described in section (5) ofthis rule.

(7) Department’s Renewal RegistrationProcess. An individual’s registration with thedepartment shall expire thirty-six (36)months from its effective date unless the reg-istration has been revoked or surrendered.

(A) To renew his or her registration withthe department, an individual must submit arenewal application packet to the departmentfor approval. Completed application packetsshall be mailed to the Missouri Departmentof Health and Senior Services, Attention:Fee Receipts, PO Box 570, Jefferson City,MO 65102-0570.

(B) The renewal application packet shallinclude:

1. The completed application form, MoForm #2A (6-08), Application forRegistration Renewal, which is incorporatedby reference in this rule and is available onthe Internet at www.dhss.mo.gov/Onsite orby contacting the department at PO Box 570,Jefferson City, MO 65102-0570, (573) 751-6095. This rule does not incorporate any sub-sequent amendments or additions;

2. A check or money order madepayable to the Missouri Department of Healthand Senior Services for the nonrefundable-processing fee of ninety dollars ($90); and

3. Documentation of the applicant’s suc-cessful completion, within the previous thir-ty-six (36) months, of the following minimumcontinuing education:

A. For on-site soil evaluators, perco-lation testers, and basic and advanced OWTSinstallers who are renewing their registrationfor the first time, at least twenty (20) hours ofdepartment-approved continuing educationunits of which at least eight (8) continuingeducation units shall meet select departmentcriteria;

B. For on-site soil evaluators andadvanced OWTS installers who are renewingtheir registration for the second or subse-quent time, at least twelve (12) hours ofdepartment-approved continuing educationunits of which at least eight (8) continuingeducation units shall meet select departmentcriteria related to their OWTS profession; or

C. For basic OWTS installers and per-colation testers who are renewing their regis-tration for the second or subsequent time, atleast eight (8) hours of department-approvedcontinuing education units.

(C) Individuals submitting a renewal appli-cation more than fifteen (15) calendar daysafter the previous registration expires shallpay a late charge of ten dollars ($10) in addi-tion to the ninety dollar ($90) registration-processing fee.

(D) Registration renewal applications willnot be accepted if received by the departmentmore than forty-five (45) calendar days afterthe previous registration expires. Individualssubmitting registration renewal applicationsmore than forty-five (45) calendar days afterexpiration of their registration will berequired to complete the initial registrationprocess, including any department trainingrequirements for an initial registration.

(8) A fifteen-dollar ($15) processing fee willbe assessed for duplicate and/or replacementregistration identification cards.

(9) Standards of Practice for PercolationTesters, On-Site Soil Evaluators, and OWTSInstallers.

(A) A percolation tester or on-site soilevaluator shall:

1. Possess a current registration with thedepartment before performing any activitiesrelated to a percolation test or soil morphol-ogy evaluation;

2. Record their registration number onall bids, proposals, contracts, invoices, per-colation test reports, soil morphology evalua-tion reports, and other correspondence withthe property owner or administrative authori-ty;

3. Provide true and accurate informationon any application, percolation test report,soil morphology evaluation report, and anyother OWTS documentation;

4. Maintain a current address and phonenumber with the department and submit anyaddress or phone number changes to thedepartment in writing within thirty (30) cal-endar days of the change taking place;

5. Conduct percolation tests in accor-dance with section (2) of 19 CSR 20-3.060;and

6. Conduct site/soil morphology evalua-tions in accordance with the standardsdetailed in sections (2) and (7) of 19 CSR 20-3.060. Specifically, the on-site soil evaluatorshall:

A. Evaluate the nine (9) items listed inparagraphs (2)(A)2. through 10. of 19 CSR20-3.060;

B. Evaluate and classify six (6) sitefactors listed in subsection (7)(C) of 19 CSR20-3.060, as suitable, provisionally suitable,or unsuitable according to subsections (7)(E)through (L) of 19 CSR 20-3.060;

C. Include a diagram showing loca-tion and extent of the area(s) evaluated;

D. Make recommendations regardingthe use and effectiveness of water loweringsystems when there is evidence of a highwater table; and

E. Based on subsection (7)(M) and

54 CODE OF STATE REGULATIONS (4/30/09) ROBIN CARNAHAN

Secretary of State

19 CSR 20-3—DEPARTMENT OF HEALTH Division 20—Division of Community and

AND SENIOR SERVICES Public Health

Tables 13 and 14 of 19 CSR 20-3.060, forhorizons that are not classified as unsuitable,assign a conventional soil loading rate foreach horizon and assign an alternative soilloading rate for each horizon to a depth of atleast twelve inches (12") below the likelydepth of an alternative system.

(B) A registered basic OWTS installer or aregistered advanced OWTS installer shall:

1. Possess a current basic OWTSinstaller registration or advanced OWTSinstaller registration with the departmentbefore beginning construction of any OWTS;

2. Record their registration number onall bids, proposals, contracts, invoices, per-mit application construction drawings, andother correspondence with the propertyowner or administrative authority;

3. Provide true and accurate informationon any application and any other OWTS doc-umentation;

4. Notify the administrative authority iftheir involvement as the registered installerwith the permit application and OWTSchanges;

5. Begin the construction of an OWTSonly after obtaining approval from the admin-istrative authority, unless approval is notrequired;

6. Construct the OWTS meeting the con-struction standards and permit criteriarequired by sections 701.025 through701.059, RSMo, and any rule adopted there-under or the more stringent requirements ofthe administrative authority, if applicable;

7. Construct the OWTS that has beenauthorized by the administrative authority forthe specific location identified in the applica-tion;

8. Be present at the construction siteduring construction and supervise all con-struction activities;

9. Provide required notice and an oppor-tunity for inspection prior to completion ofthe OWTS installation as required by theadministrative authority;

10. Submit complete and accurate “cer-tification without on-site inspection form,”when requested;

11. Not create or increase a health orsafety hazard, nuisance condition, or surfacewater or groundwater contamination whenconstructing, repairing, modifying, or trou-bleshooting an OWTS; and

12. Maintain a current address andphone number with the department and sub-mit any address or phone number changes tothe department in writing within thirty (30)calendar days of the change taking place.

(10) The department may audit the work of apercolation tester, on-site soil evaluator, reg-

istered basic OWTS installer, or registeredadvanced OWTS installer at any time todetermine whether the standards of practice,as defined by this rule, are being met. Failureto adhere to department standards may because for placement on probation, suspen-sion, or revocation of the registration, or formandatory successful completion of a train-ing course and/or testing as described in sec-tions (3) and (4) of this rule. The audit maybe an unannounced visit to the property onwhich the percolation test, soil morphologyexamination, or OWTS installation was con-ducted, which may include an independentsoil percolation test or soil morphologyexamination, or a visit within the period of asoil percolation test, soil morphology exami-nation, or OWTS installation with or withoutprior appointment with the registered indi-vidual.

(11) A percolation tester, on-site soil evalua-tor, registered basic OWTS installer, or regis-tered advanced OWTS installer may havetheir registration placed on probation, sus-pended, or revoked if the individual:

(A) Fails to maintain any professionallicense necessary for registration as a perco-lation tester or on-site soil evaluator;

(B) Fails an audit or refuses to participatein an audit;

(C) Fails to submit reports, submits falsereports, or allows another individual to usehis/her registration;

(D) Is convicted of a violation of any pro-visions of sections 701.025 through 701.059,RSMo, or any rules promulgated under thesestatutes;

(E) Has pled guilty or has been foundguilty of an infraction, misdemeanor, orfelony involving misrepresentation, fraud, orother crime relating to activities of percola-tion testing, soil morphology evaluations,installing, repairing, inspecting, or otherwiseassociated with an OWTS;

(F) Directs or allows an unregistered indi-vidual to conduct a percolation test or soilmorphology examination;

(G) Directs or allows an unregistered indi-vidual to install an OWTS without directsupervision; or

(H) Fails to comply with the standards ofpractice established by this rule.

(12) The suspension or revocation of a perco-lation tester’s, on-site soil evaluator’s, orOWTS installer’s registration shall be servedin writing by certified mail or personal ser-vice to the affected individual or his/her rep-resentative. The decision of the departmentmay be appealed to the Administrative

Hearing Commission as provided in Chapters536 and 621, RSMo.

(13) Any individual whose registration hasbeen revoked may not reapply for registrationfor at least one (1) year from date of revoca-tion, and must complete the department’straining requirements for registrationdescribed in sections (3) and (4) of this ruleand complete the department’s registrationprocess as described in section (5) of thisrule.

(14) An individual may be permanentlybarred from reapplying for registration if theindividual:

(A) Has pled guilty or has been foundguilty of an infraction, misdemeanor, orfelony involving misrepresentation, fraud, orother crime relating to activities associatedwith an OWTS; or

(B) Has his/her registration revoked a sec-ond time within five (5) years.

(15) No person without a valid registrationmay conduct any part of a percolation test orsoil morphology evaluation for an OWTS,whether on their own or under supervision ofa person with a valid registration. Personsconducting percolation tests or soil morphol-ogy evaluations without the required registra-tion, or representing themselves as regis-tered, are considered in violation of section701.053, RSMo, which is a class A misde-meanor.

(16) No person as defined in section 701.025,RSMo, may authorize, permit, or knowinglyallow a percolation test or soil morphologyevaluation for an OWTS by an unregisteredindividual or the installation of an OWTS byan unregistered individual other than thehomeowner.

AUTHORITY: section 701.033, RSMo Supp.2008 and section 701.040, RSMo 2000.*Emergency rule filed April 17, 1995, termi-nated April 26, 1995. Original rule filedApril 17, 1995, effective Dec. 30, 1995.Emergency amendment filed Sept. 2, 2004,effective Sept. 12, 2004, expired March 10,2005. Rescinded and readopted: Filed Sept.2, 2004, effective Feb. 28, 2005. Amended:Filed Oct. 22, 2008, effective May 30, 2009.

*Original authority: 701.033, RSMo 1986, amended 1993,1994, 1995, 2004 and 701.040, RSMo 1994.