Tennessee § 68-221-418 - Excavation of a preexisting subsurface sewage disposal system.

§ 68-221-418. Excavation of a preexisting subsurface sewage disposal system.

Notwithstanding any provision of the law to the contrary, no county government official may require a homeowner or the department to conduct any excavation of a pre-existing subsurface sewage disposal system prior to issuing any county permit or license for rebuilding, remodeling, or otherwise altering any house or establishment, mobile or permanent, utilizing such system; provided, however, that: If the county permit is issued, the altered house or establishment utilizing the pre-existing subsurface sewage disposal system will be owned by the same owner or: An ancestor of such owner; The spouse or former spouse of such owner; A lineal descendent of such owner, of such owner's spouse or former spouse, or of a parent of such owner; or The spouse of any lineal descendent of such owner described in subdivision (a)(1)(C) of this section; who utilized the subsurface sewage disposal system prior to rebuilding, remodeling or otherwise altering such house or establishment; The owner, or person described in subdivisions (a)(1)(A)-(D) of this section, has no actual knowledge of any defect with the subsurface sewage disposal system or any failure of such system; The pre-existing subsurface sewage disposal system is not constructed, altered, extended or repaired in any manner other than being connected to the rebuilt, remodeled or otherwise altered house or establishment; The rebuilding, remodeling, or other alteration of the house or establishment is not in connection with a sale of the property; and The property owner who applied and obtained the permit or license signs a sworn statement certifying compliance with this section. Prior to sale of such altered or improved house or establishment, the owner shall disclose such improvements utilizing the pre-existing subsurface sewage disposal system on the residential property disclosure statement required pursuant to § 66-5-210. Any county that enters into an agreement with the commissioner of environment and conservation pursuant to § 68-221-403, upon the majority vote of such county's governing body and written notification of such vote to the department, shall be exempt from this section. Acts 2004, ch. 779, § 1; 2005, ch. 103, § 1. Compiler's Notes. Acts 2004, ch. 779, § 2 provided that the provisions of subsection (b) as amended by the 2004 act shall be implemented using existing funds. No additional state funds shall be appropriated to implement the provisions of subsection (b).