Effective - 28 Aug 1994
701.052. Violator found guilty not to begin construction for another person without bond or letter of credit — forfeiture when, effect — emergency repairs of — effect. — 1. A person who has, within the preceding twenty-four months, been found guilty or pleaded guilty to a violation of section 701.046, 701.047, 701.048 or 701.050 may not begin construction, major modification or major repair of an on-site sewage disposal system that is owned by another person unless the person constructing, modifying or repairing the system has provided to the department a performance bond or letter of credit as provided under this section.
2. The bond or letter shall be conditioned upon faithful compliance with the state standard for on-site sewage disposal systems established under sections 701.025 to 701.059 and shall be in the amount of five thousand dollars.
3. Such performance bond, placed on file with the department, shall be in one of the following forms:
(1) A performance bond, payable to the department and issued by an institution authorized to issue such bonds in this state; or
(2) An irrevocable letter of credit issued in favor of and payable to the department from a commercial bank or savings and loan having an office in the state of Missouri.
4. Upon a determination by the department that a person has failed to construct, modify or repair an on-site sewage disposal system in compliance with the state standard, the department shall notify the person that the bond or letter of credit shall be forfeited and the moneys placed in the Missouri public health services fund for remedial action, if that person does not bring the system up to the state standard established under sections 701.025 to 701.059 within thirty days after notice of such determination has been given.
5. If the system is not brought into compliance with the state standard within thirty days, the department shall, within thirty days of the expiration of the notice period, expend whatever portion of the bond or letter of credit is necessary to hire a registered on-site sewage disposal system contractor to bring the system into compliance with the state standard.
6. The requirement for a person to provide a performance bond or a letter of credit under this section shall cease for that person after two consecutive years in which the person has not been found guilty or pleaded guilty to a violation of section 701.046, 701.047, 701.048 or 701.050.
7. Emergency major modification or major repair of the on-site sewage disposal system made to relieve an imminent health hazard may be made without a permit, but the city, county or department shall be notified not later than the fifth working day after the date on which the repair is made, and the city, county or department shall establish an expedited review process for emergency major modifications or major repairs.
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(L. 1994 S.B. 446)
Structure Missouri Revised Statutes
Title XLI - Codes and Standards
Section 701.010 - Definitions.
Section 701.015 - Glazing material to be labeled — sale of nonconforming material prohibited.
Section 701.020 - Penalty for noncompliance.
Section 701.025 - Definitions.
Section 701.027 - Scope of coverage.
Section 701.029 - Operation of on-site sewage disposal system, restrictions.
Section 701.031 - Disposal of sewage, who, how, exception.
Section 701.033 - Department of health and senior services — powers and duties — rules, procedure.
Section 701.039 - Clean water commission may take action, rules not to conflict.
Section 701.043 - State standards, content.
Section 701.047 - City or county may adopt more restrictive standards.
Section 701.057 - Violations, penalties and fines.
Section 701.300 - Definitions.
Section 701.305 - Educational information to be provided on department website.
Section 701.306 - Notification of risk to health of children.
Section 701.309 - Contractor to notify department, when — notification fee, due when.
Section 701.310 - Manner of abatement — owner may perform abatement, when.
Section 701.314 - Program to train and license lead inspectors, supervisors, and workers — rules.
Section 701.318 - Laboratory analysis of lead-bearing substances — reports.
Section 701.320 - Violations, penalty.
Section 701.322 - Laboratory services for disease, lead content — fee.
Section 701.324 - Right to maintain suit not affected — local standards may be enforced.
Section 701.330 - No liability for providing information — exception — penalty.
Section 701.334 - Promotion of minority persons.
Section 701.338 - Rules — promulgation — procedure.
Section 701.340 - Childhood lead testing program established — test to be used — parental objection.
Section 701.343 - Duties of the department.
Section 701.345 - Childhood lead testing fund created.
Section 701.346 - Rulemaking authority.
Section 701.348 - Political subdivisions may provide more stringent requirements.
Section 701.349 - Severability clause.
Section 701.350 - Definitions.
Section 701.355 - Powers of the board.
Section 701.361 - Rulemaking procedure.
Section 701.363 - All installations shall have state certificate of inspection and meet safety code.
Section 701.375 - Operating certificate issued when — content — posting requirements.
Section 701.379 - Appeal from chief safety inspector's decisions, procedure.
Section 701.380 - Violators guilty of crime of abuse of elevator safety, penalty.
Section 701.381 - Elevator safety and inspection requirements not applicable, when.
Section 701.500 - New product sales, energy efficiency requirements — exceptions.
Section 701.503 - Rulemaking authority.
Section 701.506 - Updating of minimum energy efficiency standards.
Section 701.509 - Advisory group created — purpose of group — members, terms, meetings.
Section 701.515 - Investigation of complaints — attorney general may enforce.
Section 701.550 - Definitions — requirements for towers 50 feet or higher — violation, penalty.