Minnesota Looks to Ban ‘Flushable’ Designation for Wipes Products

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The Minnesota Pollution Control Agency has proposed a ban on labeling wipes as “flushable” or “safe for septic or sewer systems.’’ Instead, those products would be required to carry a label saying “Do not flush.” MPCA will seek legislation to enact the ban this year. In its proposal, the agency says, “Disposable wipes – used for changing diapers, personal hygiene, housecleaning, and more – cause major problems when flushed down toilets. Because they don’t break down the way toilet paper does, these wipes clog homeowner and municipal sewer pipes, put stress on community wastewater collection and treatment equipment, and cause cities to spend thousands on premature equipment repair and replacement. Wipes snag on any imperfection in sewer pipes, catch passing debris and grease, and create a ‘ball’ that will grow to plug the pipe.”

Four Minnesota cities are involved in a class-action lawsuit against wipe manufacturers. A federal judge last October put six such lawsuits on hold, saying the government should determine the meaning of “flushable.” Weeks later, the U.S. Federal Trade Commission finalized a consent order that required Nice-Pak Products to stop advertising its moist tissue and cloth products as “flushable” or “safe for sewer and septic systems,” unless it can substantiate the claims.

Also, MPCA says it won’t fine the unincorporated community of Reading, Minnesota, for violating pollution laws over many years. The town has no sewer system, and only one of its 52 properties has a compliant septic system. A notice of violation was issued in 2012 and MPCA says it won’t issue fines as long as the town shows it is trying to solve the problem. Most sewage flows through a tile system and into a creek. The community is petitioning for a sewer district to help garner grant money for a central sewer system, though people who have or install a compliant septic system would not be required to hook up.

Hawaii

With the swipe of his pen on March 11, Hawaii Gov. David Ige has banned new cesspools in the state. The Hawaii Department of Health has been trying to enact the ban for a few years; former Gov. Neil Abercrombie did not sign a previous version of the new administrative rules before leaving office in December 2014.

Hawaii is the last state to enact a ban on new cesspools. They have been allowed on most of Hawaii Island and parts of Maui and Molokai. There are about 88,000 in operation and the state has been approving about 800 new cesspools annually. According to a DOH announcement of the signing, “Cesspools provide no treatment, and inject about 55 million gallons of raw sewage into Hawaii’s groundwater every day, potentially spreading diseases and harming the quality of drinking water supplies and recreational waters.”

The new rules also implement the 2015 law providing a tax credit of up to $10,000 to upgrade cesspools to septic systems or connect to a sewer system. That credit only applies within 200 feet of the ocean, streams or marsh areas, or near drinking water sources. There is a limit of $5 million in credits annually. Opponents of the ban have argued that many homeowners won’t be able to afford the $20,000 to $30,000 cost of a septic system. They say a cesspool can be installed for around $3,000.

New York

Suffolk County on New York’s Long Island has recognized Long Island Liquid Waste Association (LILWA) certification training and continuing education as the basis for new licensing requirements for Liquid Waste License holders. New rules also require license holders to apply for endorsements for specialized services they provide. There are 11 license endorsement categories ranging from septic tank and grease trap servicing and portable restrooms to haulers, conventional or alternative system installers and service providers. A two-year license comes at a cost of $400 and includes one endorsement. Each additional endorsement is $200.

Many of the endorsements will be covered by LILWA training. Other required training includes OSHA 10-hour general industry online training (portable restroom operators), a two-day conventional inspection class (conventional system inspectors), and a one-day innovative and alternative (I/A) treatment system class (I/A installers and service providers, which also must be certified by the manufacturer of the technology being used).

Suffolk County is also conducting a second septic lottery. About 70 percent of the county is served by onsite systems and it would cost $9 billion to provide public sewer service to everyone. Winners of the lottery get a free advanced wastewater treatment system, including installation, monitoring and maintenance for five years. The county had a similar contest in 2014 and gave away 19 systems valued at up to $16,000 each; more than 150 people entered the random drawing. The county will decide how many systems to give away this year based on the response to a request for equipment donations from manufacturers.

Rhode Island

A law proposed in Rhode Island would require pharmaceutical companies to pay the cost of collecting and disposing human waste from cancer patients treated with toxic drugs. Companion bills of the Safe Cytotoxic Waste Disposal Act have been introduced in both the state’s Senate and House. While other states have regulations concerning disposal of drugs and medicines, the National Conference of State Legislatures says this is the only bill ever introduced to regulate collection of human waste that may contain the drugs. The act would establish a stewardship program starting in July 2017, funded by drug companies, to cover the estimated $8 million annual cost of collecting human waste for proper treatment and disposal in order to prevent the toxic substances from getting into the environment from sewer or septic systems.

Mississippi

Due to budget cuts, the Mississippi Health Department has instituted an online system to schedule and document septic system applications and inspections. Rather than needing to go to an office to set up a soil test, it can be scheduled online. Inspectors have tablet computers to document the tests and develop system recommendations, which will be emailed to the consumer. Once the system is installed, the homeowner can contact the local health department for a final inspection.

North Carolina

Some septic system installations are now subject to sales and use tax in North Carolina. Regulation changes this spring caused a lot of confusion among businesses. The sales tax must be charged if a business qualifies as a “retailer” under the law, meaning “the majority of their revenue is from retailing tangible personal property, digital property, or services to consumers.” The Department of Revenue publication uses an example of a septic installer with $5 million in revenue, of which $4 million is from the retail sale of septic system components and $1 million is from installation charges. In that case, all sales transactions must be treated as retail sales and would be taxed. However, the new rules state, “A person engaged solely in the business of installing and repairing inground septic tank systems is a real property contractor. The person is not a retailer of repair, maintenance and installation services, no matter that the person may charge a fee for troubleshooting a problem with the septic tank system.”

Pennsylvania

The Pennsylvania Infrastructure Investment Authority (PENNVEST) and the Pennsylvania Housing Finance Agency (PHFA) have expanded eligibility for the Homeowner Septic Program that provides low-interest loans to pay for repair and replacement of onsite wastewater systems. Along with eliminating a limit on household income, the application process has been streamlined and a previous cap of $17,500 for manufactured homes has been eliminated so that $25,000 is the maximum loan for all properties.

Texas

A Denver man has been charged with a felony for repeated violations involving a failed septic system in a small subdivision near Kerrville, Texas. Corey Abel works for Tobusch LLC, which owns the cluster system that serves 28 homes. The operating permit for the system was revoked and the owners were under orders to have it pumped daily. The charge is unauthorized discharge of waste, connected to alleged malfunctions that deposited raw sewage on the surface since last summer. The Texas Commission on Environmental Quality has also opened an investigation.

Wisconsin

The Wisconsin Department of Safety & Professional Services has issued guidance to confirm what electrical work installers of onsite wastewater systems can do themselves rather than hiring a licensed electrician. The industry has been seeking such an exemption for years, according to the Wisconsin Onsite Water Recycling Association. With the change in state law, onsite professionals can now:

  • Lay all the cables in the trench.
  • Attach the junction box to the manhole riser.
  • Install any electrical wiring or equipment within any tank.
  • Connect all conductors associated with the system within the junction box at the dose chamber.
  • Connect all conductors associated with the system to the nearest disconnecting means at the house.

NATION

The U.S. and Canadian governments have agreed to develop plans to reduce phosphorus runoff in Lake Erie over the next two years to cut down on algae blooms. Fertilizers and livestock manure from farms are cited as the primary source of phosphorus, though it can also come from wastewater treatment plants and failed septic systems. The agreement calls for a 40 percent reduction in phosphorus in the central and west sections of Lake Erie, which were hit with large algae blooms in the last few years.

CANADA

British Columbia

A group of neighbors in the Nicola Valley of British Columbia, Canada, pitched in to buy land near their drinking water well to prevent it from being used for land spreading of biosolids from wastewater treatment plants. The 19 neighbors bought the 320-acre property for $450,000. It is located about a mile from the water well.

Nova Scotia

A 12-year-old girl’s science project has cast a spotlight on a well-known issue along the LaHave River in Nova Scotia, Canada. Stella Bowles has been taking water samples and posting results on her Facebook page, showing that levels of Enterococcus bacteria exceed Canadian health guidelines. Her results have been validated by a government laboratory. Authorities have known of the existence of straight pipes discharging to the river for decades. One community is now discussing a program to remove 600 straight pipes, install septic systems and bill homeowners over 10 years to cover the estimated $13.1 million cost.



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