California Proposal Seeks Nitrate Testing

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State onsite rules proposed in California would require agencies to test for nitrate entering the groundwater, but agency officials contend that they already test, and that studies to monitor nitrate show the levels are safe.

Agencies issuing permits for onsite systems require testing of effluent on discharge. County health departments test water quality for nitrate when new wells are drilled, and many water utilities annually sample wells for nitrate. Utility officials say nitrate averages are below state drinking water standards. County officials say focusing on additional monitoring would cost the equivalent of five full-time positions.

The Central Coast Regional Water Quality Control Board proposed amendments to update the basin plan. If passed, regulations would require agencies to streamline new onsite system permits and monitor system maintenance. Approval by the State Water Resources Control Board and the Office of Administrative Law was expected to take about six months.

Also, public hearings began in May for new onsite wastewater rules in California based on legislation (AB 885) that passed back in 2000. The first round of the latest hearings was to get comments about the scope of the project. Additional workshops were to be scheduled in fall to take comments on the final draft regulations.

According to a fact sheet issued by the agency, the regulations will affect existing systems next to an impaired body of water, new or replacement systems, and systems that have failed. That is a different approach than was used to develop earlier regulations in 2008 that did not pass. Rather than one statewide standard, the fact sheet says, “The new proposed policy approach now relies extensively on local county and city programs – as is currently the practice.”

 

Florida

The state senate passed legislation that charges citizen complainants with the burden of proof to show how proposed development projects would hurt the environment. It did not repeal a law requiring septic tanks to be pumped and inspected every five years or pass a law lifting the 2016 ban on land application.

A provision in the budget bill stopped the septic mandate from taking effect on July 1 by requiring the legislature’s Budget Commission to ratify any legislation that increases regulatory costs and adversely affects economic growth.

 

Rhode Island

Rep. Frank Ferri proposed a five-year extension of the Jan. 1, 2013 deadline for residents with cesspools within 200 feet of water to tie into sewers or install onsite systems. The Department of Environmental Management identified three neighborhoods with an estimated 1,200 homes affected by the 2007 law. The extension was necessary because sewer construction would not be completed by the deadline.

 

Minnesota

Mower County Environmental Services received additional grant funds from the state Board of Water and Soil Resources to continue its inventory of onsite systems. Many of the estimated 700 systems were installed before 1996 or have not been inspected, requiring staff to visit sites and assess health threats.

 

Washington

A proposed rule change by the Kitsap County Health District would allow drainfield setbacks for advanced treatment units to be 75 feet from potable wells or water instead of 100 feet. The revision mirrors state regulations.

 

Oregon

Proposed rules by the state Department of Environmental Quality would create a voluntary program for homeowners to irrigate with graywater. A three-tier permitting system would define requirements based on the volume of graywater. More information is at www.deq.state.or.us/wq/reuse/gwrulemaking.htm#back.

 

Alabama

The state legislature considered a bill to prohibit septic system users from being charged a fee for not using a community’s sewer services. The proposal centers on efforts of Jefferson County to establish such a fee for the 45 percent of its residents using septic systems to help cover its sewer system’s $3.2 billion debt.

 

Maryland

A task force will study septic tanks and ways to reduce pollution from them. Governor Martin O’Malley issued an executive order in April forming the group after a bill that would have limited septic tanks in the state failed in the last session of the General Assembly in the face of opposition from homebuilders, septic system installers and local officials.

In his order, O’Malley said 120,000 new onsite systems are expected in the next 25 years, adding to the 426,000 now in use. The Task Force on Sustainable Growth and Wastewater Disposal will make recommendations on the impact of septic systems on “nutrient pollution, land preservation, agri-business, and smart growth” and issue a report by December.



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