§45-25-170. DeKalb County Septic Tank Bond Fund.

(a) Notwithstanding any general or local law or any existing or future regulations of any state or local agency, since DeKalb County, Alabama, has porous and sandy soil over sand rock, and the general law and regulations of the State of Alabama are overly restrictive as applied to DeKalb County, it is provided that neither the State Health Department nor any other state or local officer or agency shall withhold approval of any subdivision or any lot therein nor withhold or refuse to issue a septic tank permit or health approval on any tract of land, which has topsoil of at least 36 inches over sandstone and has a percolation rate of one inch in 60 minutes or less.

(b)(l) There is established in DeKalb County. Alabama, a fund to be known as the DeKalb County Septic Tank Bond Fund. The trustee of the fund shall be the administrator or chief officer of the DeKalb County Health Department. Before the issuance of any approval certificate or health permit slip for any septic tank installed in DeKalb County, the DeKalb County Health Department shall collect a fee of one hundred dollars ($100) for each septic tank installed. The fee shall be deposited in the above fund which shall be kept in a checking account or certificate of deposit at a bank in DeKalb County, Alabama. The funds shall accumulate until a total of five thousand dollars ($5.000) is in the fund. All fees collected thereafter shall go to the DeKalb County Health Department for the operation of the department.

(2) In the event of a failure within five years of a septic tank or field lines for which a fee has been collected, the DeKalb County Health Department shall contract for the repair or correction of the failure. Provided, however, that if the failure is caused by abuse or damage by the owner or user of the septic tank, the repair shall not be done out of the fund. If any money is expended from the fund, future fees shall be paid into the fund to restore it to the amount of five thousand dollars ($5,000).

(c) Any state or local law or any regulation of any state or local agency inconsistent with this section is hereby repealed as applied to DeKalb County.

(Act 79-477, p. 878, §§1-3.)