4 States to Intensify Septic System Regulations

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The discovery of PCBs in upstate South Carolina wastewater treatment plants has prompted the Department of Health and Environmental Control to take emergency actions to prevent a spread of the toxic chemical while it and the U.S. Environmental Protection Agency investigate the source of the contamination. DHEC has banned the landfilling or landspreading of any biosolids, including septage, containing any level of PCBs. Small amounts of PCBs, under 50 parts per million, have been allowed in the past.

Since the original report of PCBs at three wastewater treatment plants this summer, the state has found contamination on a septage hauler’s equipment, restaurant grease traps, waste oil storage tanks, an oil recycling company truck, and in a stormwater pond that also had an oil sheen. At least one septage hauler has been ordered to temporarily cease operations due to the contamination of its equipment.

Officials have said they are investigating reports that someone illegally discharged PCB-contaminated material into manholes and grease traps. They are also making appeals to the public and law enforcement to be on the lookout for suspicious activity.

The three wastewater plants where the contamination was found are the Spartanburg Sanitary Sewer District, Renewable Water Resources in Greenville, and the Town of Lyman. Those sewer districts have tested grease traps in their service areas and each found one instance of PCB contamination.

Some wastewater treatment plants are reportedly responding to the situation by placing new restrictions on septage haulers. Renewable Water Resources (ReWa) has confirmed that it is proposing several new regulations for haulers. Until they are approved, all septage loads are being monitored for PCBs, so deliveries are only accepted from 7:30 a.m. until 6 p.m. Monday through Saturday.

These ReWa proposed regulations were to be subject of a public hearing on Oct. 22 and scheduled for final approval on Oct. 28:

  • All haulers (grease and septage) will be required to obtain Environmental Cleanup Liability Insurance, or another acceptable monetary instrument, in the amount of $1.5 million. The insurance will be used to recover the additional costs related to the treatment and disposal of contaminated biosolids if it is confirmed that the contents of any hauler’s truck was contaminated with PCBs. ReWa will be listed as a beneficiary of the policy.
  • All trucks will be monitored and sampled for the presence of PCBs.
  • The receiving facilities at the Mauldin wastewater plant will be limited to 8 a.m. to 4 p.m. Monday through Friday.
  • Off hours dumping will be allowed on an emergency basis at an additional $50 cost.
  • The dumping fee will be increased by $50 per load to offset the additional costs of monitoring and content analysis.
  • All manifests will clearly indicate the source(s) of septage and/or grease.
  • No co-mingled loads of grease and septage will be allowed.
  • Each truck will only be used for the single purpose of hauling grease or hauling septage, there will be no cross usage of equipment for both wastes.
  • Each grease interceptor will have locked manholes. All haulers will be required to have customer acknowledgement and permission to unlock the manhole for servicing. The customer shall sign a chain of custody document which shall remain with the truck driver and be surrendered to ReWa personnel at the time of unloading.
  • All grease haulers will undertake a statistically supported analysis of the grease interceptors they service for the presence of PCBs. The haulers shall provide a list of all the grease interceptors they service. ReWa will develop the list of grease interceptors, and each hauler will be responsible for testing the contents for the presence of PCBs and reporting those results back to ReWa from a certified laboratory.

Pennsylvania

Properly designed septic systems satisfy the state’s anti-degradation requirements for water quality, according to a new law in Pennsylvania. Pushed by homebuilders in response to a 2011 decision by the state’s Environmental Hearing Board, the new law removes a hurdle that slowed or prevented development in areas without public sewers, especially in high-quality or exceptional value watersheds.

The Pennsylvania Department of Environmental Protection argued that its requirement for a 10-acre minimum for any lot developed with onsite sewage in high-quality or exceptional value watersheds was needed to protect water from nitrates. Opponents said the policy would have depleted property values and made construction much more difficult and expensive by requiring extensive studies and the use of specialized septic systems.

They also argued that the previous regulations applied to areas with low nitrate levels in rivers and streams, but did not apply to other areas that already had nitrate-impaired waters.
The law became effective in July, though it is possible that challenges could be filed claiming it violates federal requirements.

Rhode Island

Rhode Island has a new plan to prevent conflicting rules on environmental protection. Legislation signed by Gov. Lincoln Chafee calls for a single statewide standard for wetlands protection, septic systems and coastal conservation.

Currently local governments can set stricter rules and different aspects are regulated by different state departments. Supporters of a single standard say current rules make it confusing for businesses and property owners looking to develop land or operate septic systems, and that the changes will help improve the state’s business climate.

The new law creates a task force of state and local officials, scientists and business owners that will recommend statewide regulations by Dec. 31, 2014. Legislation based on the report is supposed to be introduced in early 2015.

Illinois

Peoria County is working to revamp and tighten its regulations for septic systems. Among the proposed changes are more inspections, the ability to include room for a backup system on the property and a requirement to keep treated effluent underground.

A dozen people challenged the proposal earlier this year, saying the measure is too far-reaching in some areas, incomplete in others and was written without public input. Homebuilders, real estate agents, septic system contractors, environmentalists, public health advocates and others are examining the changes.



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