NY State Senate Bill 2009-S841

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 18, 2009	referred to environmental conservation

2009-S841 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §3-0301, En Con L; add Art 12-A §§1250 & 1251, Pub Health L

2009-S841 (ACTIVE) - Summary

Relates to the regulation of residential on-site wastewater treatment systems; directs 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; provides siting criteria for new septic systems and for inspections of new and existing residential septic systems upon sale or transfer.

2009-S841 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S841

 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.

2009-S841 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   841

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 18, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  3-0301  of the environmental
conservation law is amended by adding a new  paragraph  dd  to  read  as
follows:
  DD.  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, PREPARE A REPORT
TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPACT ON THE WATERS  OF  THE
STATE  AND  THE  IMPACT ON PUBLIC HEALTH FROM NUTRIENT LOADING AND OTHER
CONTAMINANTS, INCLUDING PATHOGENS, CAUSED BY  ON-SITE  SEWAGE  TREATMENT
SYSTEMS,  AND  THE  STEPS BEING TAKEN AND RECOMMENDATIONS FOR ADDITIONAL
ACTIONS NECESSARY TO PROTECT THE WATERS  AND  PUBLIC  HEALTH  FROM  SUCH
IMPACTS.  SUCH  REPORT SHALL INCLUDE BUT NOT BE LIMITED TO MAPS OF AREAS
SENSITIVE TO NUTRIENT LOADING THAT INCLUDE THE PERCENT  AND  ACREAGE  OF
WETLANDS  AND  OF  AQUATIC SYSTEMS IN SUCH AREAS, AS WELL AS SOIL TYPES,
THE PERCENT OF SLOPES AND ANY OTHER QUANTITATIVE OR DESCRIPTIVE INFORMA-
TION THAT IS RELEVANT. SUCH  REPORT  SHALL  INCLUDE  A  RANKING  OF  THE
SIGNIFICANCE  OF  THE  ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS CAUSED BY
ON-SITE WASTEWATER TREATMENT SYSTEMS IN RELATION TO OTHER KNOWN  CONTAM-
INATION  PROBLEMS.  EXPERIENCES  IN  OTHER STATES AND COSTS AND BENEFITS
SHALL BE EVALUATED IN  MAKING  RECOMMENDATIONS.  SUCH  REPORT  SHALL  BE
COMPLETED  BY THE DEPARTMENT AND SUBMITTED TO THE GOVERNOR AND THE STATE
LEGISLATURE WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02943-01-9

S. 841                              2

  S 2. The public health law is amended by adding a new article 12-A  to
read as follows:

                              ARTICLE 12-A
                              WATER QUALITY

SECTION 1250. DEFINITIONS.
        1251. RESIDENTIAL ON-SITE WASTEWATER TREATMENT SYSTEMS.
  S 1250. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "ALTERNATIVE SYSTEM" SHALL MEAN A WASTEWATER TREATMENT SYSTEM THAT
INCLUDES COMPONENTS DIFFERENT FROM THOSE TYPICALLY  USED  IN  A  CONVEN-
TIONAL SEPTIC TANK AND SUBSURFACE WASTEWATER INFILTRATION SYSTEM.
  2.  "CONVENTIONAL  SYSTEM"  SHALL  MEAN  AN  ABSORPTION TRENCH TYPE OF
SYSTEM THAT IS DESIGNED BY A CERTIFIED PROFESSIONAL TO MEET THE  MINIMUM
REQUIREMENTS  OF  ALL  SITE AND PUBLIC HEALTH STANDARDS. SUCH SYSTEM MAY
INCLUDE A SYSTEM DESIGNED FOR PHOSPHORUS AND NITROGEN REMOVAL TO PROTECT
WATER QUALITY IN ADDITION TO MEETING THE  MINIMUM  REQUIREMENTS  OF  ALL
SITE AND PUBLIC HEALTH STANDARDS.
  3. "RESIDENTIAL ON-SITE WASTEWATER TREATMENT SYSTEM" OR "SYSTEM" SHALL
MEAN A SYSTEM SERVING A RESIDENCE THAT PROVIDES FOR THE TREATMENT AND/OR
DISPOSITION  OF  THE COMBINATION OF HUMAN AND HOUSEHOLD WASTE WITH WATER
NOT EXCEEDING ONE THOUSAND GALLONS PER DAY.
  4. "SEEPAGE PIT" SHALL MEAN A COVERED  PIT  WITH  AN  OPEN-JOINTED  OR
PERFORATED  LINING  THROUGH  WHICH  SEPTIC  TANK EFFLUENT SEEPS INTO THE
SURROUNDING SOIL.
  S 1251. RESIDENTIAL  ON-SITE  WASTEWATER  TREATMENT  SYSTEMS.  1.  THE
SITING  OF  RESIDENTIAL  ON-SITE  WASTEWATER  TREATMENT SYSTEMS SHALL BE
SUBJECT TO THE FOLLOWING REQUIREMENTS:
  (A) THE DESIGN OF ALL NEW SYSTEMS SHALL BE APPROVED BY A PERSON CERTI-
FIED BY THE DEPARTMENT TO  INSTALL,  DESIGN  OR  INSPECT  ON-SITE  WASTE
TREATMENT SYSTEMS;
  (B)  NO  NEW  CONVENTIONAL  SYSTEM  SHALL BE CONSTRUCTED LESS THAN ONE
HUNDRED FEET FROM ANY STREAM, LAKE, WATERCOURSE,  OR  WETLAND;  PROVIDED
HOWEVER, THAT WHEN SEWAGE TREATMENT SYSTEMS ARE LOCATED IN COARSE GRAVEL
OR  UPGRADE  AND  IN THE GENERAL PATH OF DRAINAGE TO A WELL, THE CLOSEST
PART OF THE TREATMENT SYSTEM SHALL BE AT LEAST  TWO  HUNDRED  FEET  AWAY
FROM THE WELL;
  (C)  NO  NEW  SYSTEM  SHALL  BE  INSTALLED  ON SITES WITH A SLOPE THAT
EXCEEDS FIFTEEN PERCENT;
  (D) NO NEW SYSTEM SHALL BE INSTALLED THAT UTILIZES SEEPAGE PITS;
  (E) ALTERNATIVE SYSTEMS DESIGNED OR APPROVED BY A PERSON CERTIFIED  BY
THE  DEPARTMENT  TO  INSTALL,  DESIGN OR INSPECT ON-SITE WASTE TREATMENT
SYSTEMS MAY BE CONSTRUCTED FOR THE REPLACEMENT  OF  AN  EXISTING  SYSTEM
SERVICING  EXISTING  RESIDENTIAL BUILDINGS ON SITES WITH CONDITIONS THAT
WOULD OTHERWISE PRECLUDE SYSTEMS ACCORDING TO  THE  PROVISIONS  OF  THIS
SECTION; AND
  (F)  IN  NEW  CONSTRUCTION  ALTERNATIVE  SYSTEMS  MAY  BE  USED IF ALL
PROVISIONS OF THIS SECTION  ARE  MET.  SUCH  SYSTEM  MUST  ALSO  ACHIEVE
ACCEPTABLE  TREATMENT  AND  DISPERSAL  OF WASTEWATER, AS REQUIRED BY THE
DEPARTMENT, BUT WHICH MUST NOT BE LESS STRINGENT THAN THAT REQUIRED  FOR
CONVENTIONAL SYSTEMS.
  2.  AFTER  MAY FIRST, TWO THOUSAND THIRTEEN, NO PERSON SHALL ENGAGE IN
THE BUSINESS OF ON-SITE WASTE TREATMENT SYSTEM DESIGN, INSTALLATION,  OR
REPAIR,  OR  INSPECTION  WITHOUT  FIRST OBTAINING CERTIFICATION FROM THE
DEPARTMENT. SUCH CERTIFICATION SHALL ENCOMPASS PASSING AN EXAMINATION OR
EQUIVALENT PROCEDURE OFFERED BY THE NEW YORK  STATE  ON-SITE  WASTEWATER

S. 841                              3

TREATMENT  TRAINING  NETWORK  OR EQUIVALENT PROCEDURE AS APPROVED BY THE
DEPARTMENT.
  3.    AFTER  MAY FIRST, TWO THOUSAND FOURTEEN, ALL RESIDENTIAL ON-SITE
WASTEWATER TREATMENT SYSTEMS SHALL BE SUBJECT TO THE PROVISIONS OF  THIS
SUBDIVISION.
  (A)   RESIDENTIAL   ON-SITE  WASTEWATER  TREATMENT  SYSTEMS  SHALL  BE
INSPECTED AND APPROVED BY A CERTIFIED INSPECTOR AT THE TIME OF INSTALLA-
TION.
  (B)  RESIDENTIAL  ON-SITE  WASTEWATER  TREATMENT  SYSTEMS   SHALL   BE
INSPECTED  AND  APPROVED BY A CERTIFIED INSPECTOR AT THE TIME OF SALE OR
AT THE TRANSFER OF REAL PROPERTY UPON WHICH THE SYSTEM IS LOCATED.
  (C) UPON INSPECTION OF  A  RESIDENTIAL  ON-SITE  WASTEWATER  TREATMENT
SYSTEM,  A  CERTIFIED  INSPECTOR  SHALL PROVIDE THE OWNER WITH A WRITTEN
CERTIFICATE OF APPROVAL OR FAILURE, INCLUDING THE REASONS THEREFOR,  AND
WITHIN  THREE  BUSINESS DAYS OF INSPECTION THE CERTIFIED INSPECTOR SHALL
FILE A COPY OF SUCH CERTIFICATE OF APPROVAL OR FAILURE WITH THE  DEPART-
MENT  OR  ITS  DELEGATED  COUNTY.  NO  CERTIFICATE OF OCCUPANCY SHALL BE
ISSUED FOR A RESIDENCE UNTIL THE SYSTEM IS FOUND  TO  BE  IN  COMPLIANCE
WITH  THE  REQUIREMENTS OF THIS SECTION. THE OWNER OF AN EXISTING SYSTEM
THAT HAS FAILED AN INSPECTION SHALL HAVE ONE YEAR TO  BRING  THE  SYSTEM
INTO  COMPLIANCE WITH STATE AND LOCAL PUBLIC HEALTH LAWS THROUGH REPAIR,
UPGRADING OR REPLACEMENT, AND THEREAFTER SHALL BE SUBJECT TO  THE  CIVIL
PENALTY ESTABLISHED IN THIS SECTION.
  (D)  THE  OWNER  OF  A RESIDENTIAL ON-SITE WASTEWATER TREATMENT SYSTEM
SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS
NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION OF  THIS  SUBDIVI-
SION;  PROVIDED,  HOWEVER, THAT THE PENALTY FOR FAILING TO BRING SUCH AN
EXISTING RESIDENTIAL ON-SITE WASTEWATER TREATMENT SYSTEM INTO COMPLIANCE
WITH STATE AND LOCAL PUBLIC HEALTH LAWS AFTER THE ONE  YEAR  PERIOD  FOR
REPAIR,  UPGRADE  OR  REPLACEMENT SHALL BE ONE HUNDRED DOLLARS A WEEK OR
EACH PART OF A WEEK THAT THE OWNER HAS  NOT  BROUGHT  SUCH  SYSTEM  INTO
COMPLIANCE.
  4.  A  COUNTY  MAY ADOPT STRICTER REQUIREMENTS FOR RESIDENTIAL ON-SITE
WASTEWATER TREATMENT SYSTEMS THAN THE REQUIREMENTS OF  THIS  SECTION  OR
ANY RULE OR REGULATION OF THE DEPARTMENT RELATING TO SUCH SYSTEMS.
  5.  THE  DEPARTMENT  MAY  DELEGATE THE ADMINISTRATIVE RESPONSIBILITIES
INCLUDING THE RECEIPT AND FILING OF INSPECTION  REPORTS  TO  ANY  COUNTY
THAT CAN ADEQUATELY DEMONSTRATE TO THE DEPARTMENT THAT IT HAS THE CAPAC-
ITY  TO  FULFILL  SUCH  RESPONSIBILITIES. THE DEPARTMENT SHALL AUDIT THE
PROGRAM OF EACH COUNTY THAT HAS BEEN DELEGATED ADMINISTRATIVE  RESPONSI-
BILITY EVERY FIVE YEARS.
  6. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ENVIRON-
MENTAL  CONSERVATION,  SHALL  PROMULGATE RULES AND REGULATIONS NECESSARY
FOR THE IMPLEMENTATION OF THIS SECTION. SUCH RULES AND REGULATIONS SHALL
INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
  (A)  INSPECTION  PROTOCOLS  INCLUDING  SPECIFICATIONS  OF  WHAT  SHALL
CONSTITUTE A FAILURE OF A SYSTEM;
  (B) TRAINING AND CERTIFICATION REQUIREMENTS FOR DESIGNERS, INSTALLERS,
AND INSPECTORS, INCLUDING BUT NOT LIMITED TO TRAINING IN SOIL EVALUATION
TECHNIQUES AND ON-SITE WASTE SYSTEM SITING CRITERIA; AND
  (C)  PROVISIONS  FOR  PROVIDING HOMEOWNERS WITH NOTICE OF THE REQUIRE-
MENTS OF THIS SECTION.
  7. NOTWITHSTANDING TITLE NINETEEN OF ARTICLE SEVENTEEN OF THE ENVIRON-
MENTAL CONSERVATION LAW AND ARTICLE FIVE OF THE PUBLIC AUTHORITIES  LAW,
IN  ADDITION  TO  THE  ENTITIES IDENTIFIED IN THE DEFINITION OF "MUNICI-
PALITY" IN PARAGRAPH H OF SUBDIVISION ONE  OF  SECTION  17-1909  OF  THE

S. 841                              4

ENVIRONMENTAL  CONSERVATION LAW, A "MUNICIPALITY" SHALL INCLUDE A PERSON
REQUIRED TO COMPLY WITH THIS SECTION. A PERSON SEEKING  TO  COMPLY  WITH
REQUIREMENTS OF THIS SECTION SHALL BE ELIGIBLE FOR "FINANCIAL ASSISTANCE
TO  A  MUNICIPALITY", AS DEFINED IN SECTION 17-1909 OF THE ENVIRONMENTAL
CONSERVATION LAW,  FROM  THE  WATER  POLLUTION  CONTROL  REVOLVING  FUND
CREATED  PURSUANT  TO SECTION TWELVE HUNDRED EIGHTY-FIVE-J OF THE PUBLIC
AUTHORITIES LAW, FOR COSTS OF THE  REPAIR,  UPGRADE  OR  REPLACEMENT  OF
EXISTING  RESIDENTIAL  ON-SITE  WASTEWATER TREATMENT SYSTEMS PURSUANT TO
THIS SECTION.
  S 3. 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 effec-
tive  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  is  authorized  and  directed  to  be made and
completed on or before such effective date.

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Senate Bill S841

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2009-S841 (ACTIVE) - Details

2009-S841 (ACTIVE) - Summary

2009-S841 (ACTIVE) - Sponsor Memo

2009-S841 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2009-S841 (ACTIVE) - Details

2009-S841 (ACTIVE) - Summary

2009-S841 (ACTIVE) - Sponsor Memo

2009-S841 (ACTIVE) - Bill Text download pdf

Comments