(a) Every
contract for the sale of a lot which is served by an individual sewage system
which was installed under the 10-acre permit exemption provisions of §
72.22(e)-(g)
(relating to permit issuance) shall contain a statement in the contract that
clearly indicates to the buyer that soils and site testing were not conducted
and that the owner of the property or properties served by the system, at the
time of a malfunction, may be held liable for any contamination, pollution,
public health hazard or nuisance which occurs as the result of the malfunction
of a sewage system installed in accordance with the 10-acre permit exemption
provisions of § 72.22(e)-(g).
(b) Every contract for the sale of a lot
served by a holding tank, whether permanent or temporary, to which sewage is
conveyed by a water carrying system and which is designed and constructed to
facilitate ultimate disposal of the sewage at another site, shall contain a
statement in the contract that clearly indicates that the property is served by
such a tank and shall provide a history of the annual cost of maintaining the
tank from the date of its installation or December 15, 1995, whichever is
later.
(c) Every contract for sale
of a lot which is served by an individual sewage system which was installed
under §
72.33 (relating to well isolation
distance exemption) with an isolation distance less than the distance specified
by §
73.13 (relating to minimum
horizontal isolation distances) shall contain a statement in the contract that
clearly indicates to the buyer that the isolation distances required by
regulation between the individual onlot system components and the well on the
property being sold were not met.
(d) Every contract for the sale of a lot
which is within an area in which permit limitations are in effect shall contain
a statement in the contract that clearly indicates to the buyer that sewage
facilities are not available for that lot and construction of a structure to be
served by sewage facilities may not begin until the municipality completes a
major planning requirement.
(e)
Every contract for the sale of a lot for which a required revision for new land
development, exception to the requirement to revise or a required supplement
has not been approved shall contain a statement that clearly indicates to the
buyer that sewage facilities are not available for that lot and that sewage
facilities will not be available nor may construction begin until sewage
facilities planning has been approved.
(f) Every contract for the sale of a lot for
which there is no currently existing community sewage system available shall
contain a statement in the contract clearly indicating to the buyer that there
is no community sewage system available, that a permit for an individual sewage
system will have to be obtained and the buyer should contact the local agency
charged with administering the act before signing the contract to determine the
procedure and requirements for obtaining a permit for an individual sewage
system if one has not already been obtained.
(g) A contract for the sale of a lot which
does not conform to the requirements of this section is not enforceable by the
seller against the buyer. Any term of the contract purporting to waive the
rights of the buyer to the disclosures required in this section is void.