74:53:01:07On-site wastewater

systems prohibited when public wastewater systems are available. No person may construct, install, or operate an on-site wastewater system where a public wastewater system is available. A public wastewater system is considered available to premises under the following circumstances: (1) The structure or wastewater system is located within the jurisdictional boundaries of a municipality or sanitary district; (2) The sewer collection system of the public entity exists within 400 feet of the home, trailer court, commercial establishment, business, park, or institution; and (3) The municipality or sanitary district requests to provide service to the premises.

Source: 12 SDR 2, effective July 18, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:01:44, July 1, 1996.