A property developer has been sued by the Missouri attorney general for selling lots he said had approved onsite septic systems when they did not. The suit filed in late July accuses the developer of installing holding tanks rather than operating wastewater treatment systems in violation of state water and consumer protection laws, and then charging people to have the holding tanks pumped. People who bought lots from the developer had to pay to have approved septic systems installed. The lawsuit seeks restitution for the homeowners and an order prohibiting future sales of lots in the subdivision. 

Changes in Minnesota will streamline licensing for onsite professionals

Legislative action in Minnesota is resulting in some changes to regulations affecting onsite wastewater professionals. Those who fail to meet continuing education requirements will now be able to apply for a one-year extension from the Minnesota Pollution Control Agency. During that conditional extension period, they will be able to make up any missed training and retake up to two exams. The change will become effective once rules are adopted in the fall. The Legislature also defined building sanitation systems connected to septic systems as both plumbing and septic components, and changed the bonding requirements for onsite professionals to match those of the plumbing program. The changes are designed to streamline the license application and renewal process and create flexibility for onsite professionals. MPCA will be issuing specific instructions and fact sheets on the changes in the future.

Federal court upholds EPA’s authority over pollution targets in Chesapeake area

A federal appeals court in July upheld the U.S. EPA’s authority to set the Total Maximum Daily Load for Chesapeake Bay through the Clean Water Act. After 30 years of trying to stem pollution entering the bay, the EPA worked with the six states in the watershed to set pollution targets divided among non-point sources such as stormwater, septic systems and agriculture. Established five years ago, the targets are phased in through 2025. The bay cleanup plan was challenged by agricultural and industry groups, along with 21 state attorneys general that filed friend-of-the-court briefs supporting the plaintiffs. Environmental groups and municipal wastewater agencies sided with the EPA.

The 3rd U.S. Circuit Court of Appeals in Philadelphia upheld a lower court ruling that the EPA action was appropriate under the Clean Water Act. The Chesapeake Bay agreement applies to Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia.

Focus changes for Vermont DEC staff

Eight of the 13 people filling new water quality positions in the Vermont Department of Environmental Conservation come from the program that regulates onsite wastewater. Commissioner David Mears says the push for water quality has led to cuts elsewhere in his department, so the department will rely more on contractors and system installers to make sure systems are operating correctly. He says the larger need is dealing with polluted stormwater runoff, but added that there are no “easy choices” when resources are tight.

Idaho DEQ considering changes to onsite manual

The Idaho Department of Environmental Quality is considering proposed changes to onsite wastewater regulations after a month-long public comment period. The DEQ says revisions to the Technical Guidance Manual for Individual and Subsurface Sewage Disposal Systems will address engineering requirements for public systems, in-trench sand filters, using the method of 72 to determine effective soil depths, capping fill systems, at-grade soil absorption systems, gravelless system products, and a revision to the installer register permit rule. The proposed changes are available at DEQ’s website.