(a) For purposes of this section, the following definitions shall apply:
"Sealing or abandoning" means ceasing the use of a sewer facility by disconnecting and sealing it, or otherwise discontinuing its usage, as appropriate, in accordance with the department's written policy.
"Sewer facility" means a building drain or building sewer, or any other sewer structure.
(b) No person shall destroy or permanently abandon: (i) any building or structure that has a sewer facility; or (ii) any sewer facility for any building or structure, without first:
(1) obtaining the applicable permit and giving prior written notice to the commissioner of water management; and
(2) sealing or abandoning to eliminate or prevent the leaking or wasting of sewerage water.
(c) The notice provided pursuant to subsection (b)(1) of this section shall be accompanied by:
(i) a diagram of the sewer facility;
(ii) the estimated costs of sealing or abandoning;
(iii) the posting of a surety bond, as determined by the commissioner of water management, to ensure the payment of all costs and charges for sealing or abandoning; and
(iv) a copy of the applicable permit application.
(d) The notice provided pursuant to subsection (b)(1) of this section shall be provided by a licensed expeditor, the person in charge of wrecking or destroying the building or structure, or the person in charge of sealing or abandoning or, if approved in advance, by the owner of the building or structure, or sewer facility.
(e) If the sealing or abandoning is not performed pursuant to the department's written policy, in addition to other applicable remedies, the commissioner of water management may repair the defect at the owner's expense, require the owner to repair the defect as directed by the commissioner, or terminate any new service to the building or structure at the owner's expense.
(Amend Coun. J. 7-29-15, p. 3537, § 5)