For the purposes of this chapter the following terms shall mean:

(1)  “Cesspool” means any buried chamber other than an onsite wastewater treatment system (OWTS), including, but not limited to, any metal tank, perforated concrete vault, or covered hollow or excavation, that receives discharges of sanitary sewage from a building for the purpose of collecting solids and discharging liquids to the surrounding soil.

(2)  “Department” means the department of environmental management as established in chapter 17.1 of Title 42.

(3)  “Director” means the director of the department of environmental management or his or her designee.

(4)  “Failed cesspool” means a cesspool where one or more of the following conditions exist: (i) The cesspool fails to accept or dispose of sewage, as evidenced by sewage at the ground surface above or adjacent to the cesspool, or in the building served; (ii) The liquid depth in a cesspool is less than six (6) inches from the inlet pipe invert; (iii) Pumping is required more than two (2) times a year; (iv) The cesspool is shown to have contaminated a drinking water well or watercourse; or (v) There is shown to be direct contact between the bottom of the cesspool and the groundwater table.

(5)  “Onsite wastewater treatment system” or “OWTS” means any system of piping, tanks, disposal areas, alternative toilets, or other facilities designed to function as a unit to convey, store, treat, and/or dispose of sanitary sewage, by means other than discharge into a public sewer system. A cesspool is not an OWTS.

(6)  “System inspector” means a person who is registered as an inspector and capable of properly assessing the condition of an OWTS.

(7)  “Transfer” means a transfer of real property except between the following relationships:

(i)  Between current spouses;

(ii)  Between parents and their children;

(iii)  Between full siblings; or

(iv)  Where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor.

(8)  “Wastewater” means human or animal excremental liquid or substance, putrescible animal or vegetable garbage or filth, including, but not limited to, waste discharged from toilets, bath tubs, showers, laundry tubs, washing machines, sinks, and dishwashers.