The New Jersey legislature revived a bill to delay an anti-sprawl, water quality management rule that gives state environmental officials more power to control expansion of onsite treatment and sewer service.
The measure prevents the regulation, adopted in 2008 by the Department of Environmental Protection, from taking effect until April 2011. The legislation allows the DEP to restrict onsite systems and sewer lines in environmentally sensitive areas, wetlands, and rare species habitats.
The DEP required all 21 counties to compile management plans by April 2010, assessing development and growth potential based on onsite and sewer extensions. Supporters of the legislation say the delay gives counties more time to finish the extensive work. The legislation followed a report by Gov. Chris Christie’s transition team stating that the DEP has inappropriately expanded its jurisdiction and has assumed new responsibilities with no direct statutory authority and no staff to do so.
Texas
Stricter regulations on septic tanks proposed by the state Department of Environmental Protection would stymie new building development, especially in Wayne, Pike, and Monroe counties, and place cost burdens on residents with septic tanks, county supervisors contend. The rules, stemming from a 2008 court decision, call for a more stringent permitting process that could take up to 18 months. The rules also could require that septic tanks be pumped every three years.
Washington
An amendment to the Whatcom County septic code replaces legislation mandating periodic inspections of septic systems by certified professionals, occurring yearly for proprietary pump systems and every three years for gravity systems.
Under the amended code, homeowners who take a free four-hour course offered by the county can inspect their own conventional onsite systems. Professional inspections are still required under advanced treatment manufacturer warranties and whenever property is sold.
Michigan
The Michigan Septic Tank Association legislative committee has worked with consultants to draft a bill requiring local governments that ban land application of septage make a receiving facility available within 25 miles of their farthest boundary line. A portable toilet bill requiring building sites to have at least one unit is likely to pass, according to the trade group.
Tennessee
Revised onsite regulations allow drip dispersal, and require effluent treatment to secondary standards through advanced technologies, media filters or other systems. The changes also formalize the requirements for becoming an approved maintenance provider and mandate perpetual maintenance contracts for advanced systems and drip dispersal.
Ohio
For the third time, lawmakers extended the moratorium on septic legislation, this time from Jan.1 until July 1, 2010. The extension allows more time to consider additional proposals, including a bill introduced last year to replace 2007 legislation. The proposed legislation would allow for more repairs versus replacements.
Pennsylvania
The state Department of Environmental Protection is reviewing all proposals for subdivisions and other construction and will not issue permits until townships have a sewage management ordinance. Department spokesman Mark Carmon stated townships must contact the agency each time they submit a development proposal and talk about ways to maintain high water quality.
A court ruling requires the DEP to apply stringent anti-degradation regulations to all new onsite systems and eventually to every existing system on a case-by-case basis. Towns must enforce the rulings but lack resources to do it. With construction plans at a standstill, five Wayne County organizations sent a letter to every elected official, urging them to reverse the DEP requirement.
