§ 1976. Delegation of authority to municipalities
(a)(1) The Secretary may delegate to a municipality authority to:
(A) implement all sections of this chapter, except for sections 1975 and 1978 of this title; or
(B) implement permitting under this chapter for the subdivision of land, a building or
structure, or a campground when the subdivision, building or structure, or campground
is served by sewerage connections and water service lines, provided that:
(i) the lot, building or structure, or campground utilizes both a sanitary sewer service
line and a water service line; and
(ii) the water main and sanitary sewer collection line that the water service line and
sanitary sewer service line are connected to are owned and controlled by the delegated
municipality.
(2) If a municipality submits a written request for delegation of this chapter, the Secretary
shall delegate authority to the municipality to implement and administer provisions
of this chapter, the rules adopted under this chapter, and the enforcement provisions
of chapter 201 of this title relating to this chapter, provided that the Secretary
is satisfied that the municipality:
(A) has established a process for accepting, reviewing, and processing applications and
issuing permits, that shall adhere to the rules established by the Secretary for potable
water supplies and wastewater systems, including permits, by rule, for sewerage connections;
(B) has hired, appointed, or retained on contract, or will hire, appoint, or retain on
contract, a licensed designer to perform technical work that must be done by a municipality
under this section to grant permits;
(C) will take timely and appropriate enforcement actions pursuant to the authority of
chapter 201 of this title;
(D) commits to reporting annually to the Secretary on a form and date determined by the
Secretary;
(E) will only issue permits for water service lines and sanitary sewer service lines when
there is adequate capacity in the public water supply system source, wastewater treatment
facility, or indirect discharge system; and
(F) will comply with all other requirements of the rules adopted under section 1978 of this title.
(b) As of July 1, 2007, those provisions of municipal ordinances and zoning bylaws that
regulate potable water supplies and wastewater systems are superseded by the provisions
of this chapter and the rules adopted under this chapter. However, to the extent that
local ordinances and bylaws apply to potable water supplies and wastewater systems
that are exempt from the permitting requirements of this chapter, and to the extent
that those local ordinances and bylaws establish procedural requirements that are
consistent with this chapter and the rules adopted under this chapter, those provisions
of existing and any future ordinances or bylaws shall not be superseded in municipalities
that receive delegation under this section.
(c) [Repealed.]
(d) A municipality may assess fees in an amount sufficient to support municipal services
provided under this section.
(e) Notwithstanding the fact that local ordinances and bylaws may have been superseded
by this chapter, a permit issued under those ordinances shall remain in effect, unless
and until superseded by another permit issued pursuant to the provisions of this chapter.
(f) The Secretary may review municipal implementation of this section on a random basis,
or in response to a complaint, or on his or her own motion. This review may include
consideration of the municipal implementation itself, as well as consideration of
the practices, testing procedures employed, systems designed, system designs approved,
installation procedures used, and any work associated with the performance of these
tasks. (Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2015, No. 57, § 22a; 2023, No. 53, § 15, eff. June 8, 2023.)