PA 07-231—HB 6768

Environment Committee

Public Health Committee

Appropriations Committee

AN ACT CONCERNING THE APPROVAL OF SMALL ALTERNATIVE ON-SITE SEWAGE TREATMENT SYSTEMS

SUMMARY: This act requires the Department of Public Health (DPH) commissioner, by December 31, 2008, to establish and define discharge categories for alternative on-site sewage treatment systems that have a daily capacity of 5,000 gallons or less. It gives the commissioner jurisdiction over such systems once he has done so and requires him to establish minimum requirements for the systems. (PA 07-1, June Special Session, requires the commissioner to accomplish these tasks within available appropriations. ) The Department of Environmental Protection (DEP), which under prior law had jurisdiction over all alternative on-site sewage treatment systems, retains jurisdiction over any system not under DPH's jurisdiction.

EFFECTIVE DATE: July 1, 2007

ALTERNATIVE ON-SITE SEWAGE TREATMENT SYSTEMS

Under the act, an alternative on-site sewage treatment system (1) serves at least one building on a single piece of property, (2) is an alternative to a subsurface sewage disposal system (septic system), and (3) discharges domestic sewage to state groundwaters.

The act gives the DPH commissioner jurisdiction to issue or deny permits and approvals for alternative on-site sewage treatment systems and domestic sewage they discharge to state groundwater, once he has established and defined discharge categories for these systems. The commissioner must establish minimum requirements for the systems according to the Public Health Code, including (1) requirements related to activities that may occur on the property; (2) changes that may occur to the property or to buildings on it that may affect a system's installation or operation; and (3) procedures for the commissioner, a local health director, or a licensed sanitarian to issue permits or approvals.

The permit or approval must:

1. be consistent with the federal Water Pollution Control and Safe Drinking Water acts and state water quality standards;

2. not be construed as or deemed an approval for another purpose, including planning and zoning or municipal inland-wetlands and watercourses requirements; and

3. be instead of a DEP individual or general water discharge permit.

Permits or approvals that the DPH commissioner, local health director, or licensed sanitarians deny may be appealed in the same manner as appeals of local health department orders.

In establishing and defining the categories of discharge and in establishing minimum requirements for alternative on-site sewage treatment systems, the commissioner must consider (1) the individual and cumulative impact the systems or discharges may have on public health, the environment, and land use patterns and (2) recommendations for responsible growth made by the Office of Policy and Management secretary through the Office of Responsible Growth established by Executive Order 15.

The DEP commissioner retains jurisdiction over, and environmental laws apply to, any alternative on-site sewage treatment system not under the DPH commissioner's jurisdiction. The act does not affect any DEP permit issued before July 1, 2007, and applicable environmental laws continue to apply to such permits until they expire.

BACKGROUND

Water Pollution Control and Safe Drinking Water Acts

The Water Pollution Control Act (33 USC § 1251 et seq. ), also known as the Clean Water Act, seeks to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The Safe Drinking Water Act (42 USC § 300f et seq. ) is the main federal law ensuring drinking water quality.

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