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No person may construct, install or operate an onsite wastewater system where a public wastewater system is available. A public wastewater system is considered available to premises under the following circumstances:

A. The structure or wastewater system is located within the jurisdictional boundaries of a municipality or sanitary district; and

B. The sewer collection system of the public entity exists within 400 feet of the home, mobile home park, commercial establishment, business, public park, or institution; and

C. The municipality or sanitary district requests to provide service to the premises.