Rules and Regs: British Columbia Reviewing Best Practices for Onsite System Programs

In this month’s regulations update, more Minnesota counties are requiring time-of-transfer inspections, and an engineering firm is tasked with developing common regulation and management principles for onsite systems in North America
Rules and Regs: British Columbia Reviewing Best Practices for Onsite System Programs

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The British Columbia Ministry of Health has selected the OpusDaytonKnight engineering firm to review bylaws and regulatory tools for onsite wastewater management across North America. The information will be used to develop common regulation and management principles for regional districts and local governments in the province for effective onsite sewage programs with a focus on maintenance. The Ministry says concerns have been raised by the industry regarding a lack of prescribed maintenance. The study will include consultation with the Union of BC Municipalities, the Ministry of Community, Sport, and Cultural Development, and the Capital Regional District to ensure that the final report reflects the needs of local governments and associated agencies. The project is expected to be finished in the spring of 2016.


Land-use rules being contested by off-grid residents of a Colorado county
Costilla County in Colorada has stepped back from proposed land-use rules that created controversy among people who are living off the grid in the area. The changes would have required water, septic and electricity to be installed before final building permits could be issued, and lots smaller than 5 acres would have been limited to one housing unit. Off-grid residents claimed that the changes would have banned such things as composting toilets and other things they use in their subsistence lifestyles. County officials say the proposed changes had created a distraction and that the county has the authority it needs to require proper electricity and sanitation without the changes. The county has also stopped issuing long-term camping permits because off-gridders were using RVs as permanent homes. They are now required to be moved every two weeks. In response, some of the off-grid community say they may sidestep the requirements by switching locations with other RVs every few weeks. A leader of the off-grid community said they hope to work with the community to heal hard feelings that have developed between long-term residents and the off-grid people who have moved into the area.


Minnesota counties requiring point-of-sale inspections increases to 69 percent
More communities in Minnesota are requiring compliance inspections of septic systems before ownership of a home can be transferred. According to The Little Digger newsletter of the Minnesota Onsite Wastewater Association, 116 local government units had such time-of-transfer rules in 2013, a number that increased to 141 in 2014. The survey by the Minnesota Pollution Control Agency showed increases in those requiring such inspections:

  • Counties – up from 60 percent to 69 percent
  • Cities – up from 55 percent to 64 percent
  • Townships – up from 31 percent to 45 percent

Pennsylvania ruling regarding EPA, Clean Water Act will not be reviewed
A federal judge has refused to review his ruling that the U.S. Environmental Protection Agency was not required to review Pennsylvania’s anti-degradation water quality standards. The ruling lets stand Pennsylvania Act 41, which states that onsite wastewater systems that comply with the state’s Sewage Facilities Act automatically comply with the anti-degradation rules and are not subject to review by the state EPA. Judge Edward G. Smith of the U.S. District Court for the Eastern District of Pennsylvania denied a petition filed by the plaintiffs in the case seeking a review of his earlier finding. The plaintiffs had claimed the federal EPA was failing to follow the Clean Water Act. The judge ruled that while the Clean Water Act was ambiguous on the topic, the federal EPA acted properly in deciding that the CWA did not require it to review the state regulations.


Arizona DEQ makes compliance records available online
Public records of 19 databases of the Arizona Department of Environmental Quality are now available online, including business operating permits and compliance records. Also available are records concerning any environmental activities for properties in the state, such as spills that have occurred and septic tank permits. The DEQ says it receives about 3,000 public records requests every year that can take up three days to fulfill. The online access will cover about 40 percent of those requests and allow the public to see the records immediately. The DEQ’s Megasearch service is available at megasearch.azdeq.gov.



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