Bill Requires Ohio to Adopt Statewide Rules

Provisions of Substitute Senate Bill 110 became effective Sept. 17, 2010, requiring the state Department of Health to adopt statewide onsite rules by Jan. 1, 2012.

Provisions of Substitute Senate Bill 110 became effective Sept. 17, 2010, requiring the state Department of Health to adopt statewide onsite rules by Jan. 1, 2012. They must:

• Require a site evaluation for proposed onsite installations.

• Allow failing systems to be repaired instead of replaced.

• Include vertical separation reductions for subsurface drains, pretreatment and soil elevation.

• Establish reasonable maintenance requirements.

• Require bonding for installers, service providers, and septage haulers, and set standards for inspecting septage-hauling tanks.

• Ensure that septic and related tanks are structurally sound and watertight.

The Ohio Onsite Wastewater Association will be a major stakeholder in advising the rule advisory committee.

New Mexico

At least 78 percent of the 3,100 septic systems permitted by the state Environment Department in San Juan County since 2005 are flawed or invalid, according to an internal agency audit mandated by environment department secretary Ron Curry. The audit was to identify how rampant fraud was among liquid waste permits issued through the Farmington field office.

A 2008 investigation alleged that the Farmington office mismanaged and falsified liquid waste permitting documents, allowing an unknown number of septic systems in the county to be illegally installed. Major concerns identified in the audit include systems missing paperwork and approval of equipment or systems inadequate for the necessary treatment level. Violations such as missing or altered agency inspection documents were considered minor deficiencies.

During 2006, about 85 percent of all permits issued through the Farmington office had major errors. Only 3 percent of all permits approved that year were done accurately.

The environment department will review the invalid paperwork to correct the information or void permits. It also is working to locate more than 100 permits that have no documentation. Officials have not inspected the more than 2,400 illegal systems.

Arizona

The Department of Environmental Quality proposed rules that would increase general permit fees from $3,600 to $7,500 for onsite systems with flows of 3,000 to 24,000 gpd. The rule also covers fee increases for alternative designs, installations, operational features, and grease interceptors, and establishes an annual $200 report fee. The department is seeking to have the rules effective by July 1, 2011.

South Carolina

Charlotte County Health Department Commissioners have amended the county code to eliminate aerobic treatment unit requirements for homes and businesses. ATUs may still be required if lots are too small for a septic tank, but the determination would be up to the agency.

The county agreed to require ATUs instead of conventional onsite systems for smaller undeveloped lots as part of a 1998 legal settlement with the state over a sewer plan dispute. ATUs were seen as an alternative that created less pollution. County commissioners now say that they are expensive.

Florida

Residents, commissioners, health department officials, and state legislators are working to repeal a septic tank law that was to become effective on Jan. 1. Rep. Marti Coley, R-Marianna, said that she would offer a bill to repeal it if re-elected, provided the law is not repealed in a special session before then.

Sen. Al Lawson, D-Tallahassee, had prepared a similar bill for any upcoming special session. Sen. Don Gaetz, R-Niceville, has joined with Coley and other legislators to modify or repeal the mandate. Sen. Durell Peaden, R-Crestview, and Rep. Greg Evers, R-Milton, sent letters to the governor asking for a postponement in the bill’s implementation.

The law requires septic tanks to be inspected every five years and possibly replaced if they do not meet standards stipulated by regulations that are still being drafted. Inspections costing $800 to $1,400 would include a soil analysis, exposing and pumping of the tank, and evaluation of the tank’s structural integrity.



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