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2005 SESSION

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HB 2451 Septic systems; validity of septic tank permits.

Introduced by: Terrie L. Suit | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Validity of certain septic tank permits; waivers.  Excludes certain transfers of real property from the current provision that waivers granted for certain failing onsite sewage systems are nontransferable and limits the waiver provisions to systems on real property with 1 to 4 dwelling units. Currently, whenever any onsite sewage system is failing and the Board's regulations for repairing the system impose (i) a requirement for treatment beyond the level of treatment provided by the existing onsite sewage system when operating properly or (ii) a new requirement for pressure dosing, the owner may request a waiver from such requirements; however, the waivers are not transferable, except between a husband and a wife.  In addition to the new transfer exclusions for these residential properties, the bill requires the owner of the residential real property with the waivered onsite sewage system to provide a written disclosure to the purchaser; the purchaser will have certain time lines and processes for terminating the contract.  Real estate licensees will have a duty to inform owners and purchasers of their rights.  The Real Estate Board is charged with enforcement of the disclosure, termination, and real estate licensees' duties under this provision.


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