Relates to the regulation of residential on-site wastewater treatment systems

Title of bill

An act to amend the environmental conservation law, in relation to directing the commissioner of environmental conservation to prepare a report on the impact of on-site sewage treatment systems on the waters of the state and on the public health; and to amend the public health law, in relation to regulation of residential on-site wastewater treatment systems

Purpose

To have the Department of Environmental Conservation study the effect of on-site sewage treatment systems (septic systems) on the waters of the state and to provide for siting guidelines and inspections for residential septic systems.

Summary of provisions

Section one of the bill requires the Department of Environmental Conservation to undertake a study of the impacts of residential septic systems on the waters of the state, and then to make recommendations as a result of the information gathered by such study. Section two of the bill adds a new article twelve to the public health law that provides siting criteria for new septic systems and for inspections of new and existing residential septic systems. In addition, the bill provides for low-interest loans to those who must repair, upgrade or replace an existing residential septic system.

Section three of the bill is the effective date.

Justification

Outdated and improperly maintained on-site sewage treatment systems can have a serious impact on the health of New Yorkers and the State's surface and groundwater supply. Improperly treated waste contains pathogens that are harmful to humans, as well as excess nutrients that can lead to excessive bacterial, algae, and plant growth in water bodies. Advances in technology have lead to more effective sewage treatment systems, yet older systems are rarely replaced barring catastrophic failure and even the newest systems are not routinely checked or maintained. Requiring the DEC to examine the situation and develop a ranking of the significance of health and environmental problems is an important step toward addressing the current problem. Changing the Public Health law to require design by a professional engineer and inspections within five years of installation and every ten years thereafter will guarantee appropriate functioning of the systems. Current law provides minimal conditions for siting and installation of on site sewage treatment systems, and this bill will address those concerns by ensuring that individual units are designed and installed with professional support and sited in appropriate locations. Enacting this legislation will further protect the health and wellbeing of New Yorkers in areas served by on-site sewage and will protect the valuable water resources that belong to all New Yorkers.

Legislative history

2007-2008: S.2764 2005-2006: S.2356-A 2003-2004: S.887-A

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately, except that section two of this act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided however that effective immediately, the addition, amendment, and.or repeal of any rule or regulation necessary for the implementation of section two of this act on its effective date are authorized and directed to be made and completed on or before such effective date.