Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.21 - Responsibilities

Current through June 25, 2024
1. Provide complete information, including
					 all applicable requirements and regulations on all systems recommended to the
					 owner, lessee or developer which shall have the right to choose among systems.
2. Notify the Department at least
					 48 hours before beginning construction if acting as the Certified Installer of
					 an Individual On-site Wastewater Disposal System and, at that time, schedule a
					 time for inspection of the system with the appropriate county Department of
					 Health.
3. Provide a signed
					 affidavit and any additional required documentation that the system was
					 installed in compliance with all requirements, regulations and permit
					 conditions applicable to the system installed. This applies only if the
					 Certified Professional Evaluator is acting as the Certified Installer. The
					 Affidavit must be given to the Applicant of the Notice of Intent.
4. Furnish proof of certification to a
					 property owner or the owner's representative of the property before performing
					 a site evaluation of the property on which an individual on-site wastewater
					 disposal system is to be designed, constructed, repaired or installed by the
					 Certified Professional Evaluator and to the Department or its authorized
					 representative, if requested.
5.
					 Notify the Department of any change in address, business partnership or
					 affiliation, or any other status that affects his standing as a Professional
					 Evaluator. Such notice must be in writing and must be delivered to the
					 Department within 10 working days.
6. Shall not knowingly associate in a
					 business venture with, or permit the use of the Professional Evaluator's name
					 or firm name by, any person or firm where there is reason to believe that
					 person or firm is engaging in activity of a fraudulent or dishonest nature or
					 is violating any law or regulations of the Department.
7. Except as provided in paragraph 9 of this
					 section, a Certified Professional Evaluator shall not utilize the evaluations,
					 design, drawings or work of another Certified Professional Evaluator without
					 the knowledge and written consent of the Certified Professional Evaluator or
					 organization of ownership that originated the design, drawings or work. In the
					 event that the Certified Professional Evaluator who generated the original
					 document is no longer employed by the firm retaining ownership of the original
					 documents or is deceased, another Certified Professional Evaluator who is a
					 partner or officer in the firm retaining ownership of the original documents
					 may authorize utilization of the original documents by another Certified
					 Professional Evaluator or firm. This fact must be disclosed to the Department
					 when submitting applications supported by Certified Professional Evaluator
					 materials and certifications.
8.
					 Utilizing information contained in the Department records, on which a decision
					 to approve or refer a site has been made, shall be considered to be in the
					 public domain and may be utilized by a Certified Professional Evaluator without
					 permission.
9. Provide
					 information, if utilizing information in the Department's files or has received
					 permission to modify or otherwise utilize the evaluation, design, drawings or
					 work of another Certified Professional Evaluator may certify that work only
					 after a thorough review of the evaluation, design, drawings or work and after
					 he determines that he is willing to assume full responsibility for all design,
					 drawings or work on which he relies for his opinion.
10. Public
a. False Statement(s)
b. A Certified Professional Evaluator shall
					 not knowingly fail to disclose a material fact requested in connection with an
					 application submitted to the Department by himself or any other individual or
					 business entity for certification, renewal or reinstatement.
c. Conflicts of interest
d. The Certified Professional Evaluator shall
					 promptly and fully inform an employer or client of any business association,
					 interest, or circumstance or circumstances that may influence the Certified
					 Professional Evaluator's judgment or the quality of service.
e. Good standing
f. A Certified Professional Evaluator
					 certified to practice soil and site evaluations or to design Individual On-site
					 Wastewater Disposal Systems in other jurisdictions shall be in good standing
					 and shall not have had a certificate suspended, revoked or surrendered in
					 connection with a disciplinary action or have been the subject of discipline in
					 another jurisdiction.