HB1528: relative to standards for aerobic septic systems.

HB 1528-FN - AS INTRODUCED

2016 SESSION

16-2453

08/03

HOUSE BILL 1528-FN

AN ACT relative to standards for aerobic septic systems.

SPONSORS: Rep. Pitre, Straf. 2; Rep. Whitehouse, Straf. 2; Rep. Jones, Straf. 24; Sen. Cataldo, Dist 6

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill requires soil data to be collected from fields surrounding all septic systems.

This bill allows the permitting of certain enhanced treatment units using aerobic bacteria as septic systems.

This bill authorizes the commissioner of the department of environmental services to hire an environmentalist.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2453

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to standards for aerobic septic systems.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Prior Approval; Permits. Amend RSA 485-A:34 by inserting after paragraph IV the following new paragraph:

V. Soil data shall be collected from fields surrounding all septic tank disposal systems, regardless of the date of the system's construction.

2 New Section; Enhanced Treatment Units; Septic System Installation. Amend RSA 485-A by inserting after section 35 the following new section:

485-A:35-a Enhanced Treatment Units.

I. In this section, "enhanced treatment units (ETU)" means pre-treatment septic systems that provide enhanced biological and physical treatment of wastewater, including the application of aerobic bacteria, that reduce the amount of organic content, measured as biochemical oxygen demand, and total suspended solids prior to distribution to an absorption area. ETUs shall be listed as Class I Standard 40 or Standard 245 units with NSF International (NSF). A Class 1 Standard 40 unit shall meet effluent limits of 25mg/l BOD and 25mg/l TSS. A Standard 245 unit shall also be tested to meet NSF Wastewater Standard 40 criteria. These units shall be certified to reduce nitrogen discharges by at least 50 percent.

II. To receive a permit under this chapter, an ETU:

(a) ETUs shall have a label indicating compliance with the standards for a Class I unit as described in the NSF Standard 40, Standard 245, or equivalent testing.

(b) Shall have an effluent filtering mechanism as part of the manufactured product or an effluent filter with a label indicating compliance with NSF Wastewater Standard 46 or equivalent installed on the system outlet prior to discharge to the absorption area.

(c) Shall contain an absorption system that is designed in the same manner as for septic tank effluent.

(d) Shall contain an absorption area receiving ETU effluent, which may be designed with at least a 33 percent reduction in the total absorption trench length of a traditional septic system. The trench length reduction may only be used for conventional absorption trench systems and shallow absorption trench systems.

III. The ETU shall be maintained in accordance with the manufacturer’s recommendations. Additionally, each service provider performing service on such systems shall hold a manufacturer's certification in unit service and repair.

IV. The department shall adopt rules relative to the requirements for installation and maintenance of ETUs.

3 New Classified Position; Department of Environmental Services.

I. The commissioner of the department of environmental services is authorized to hire the following classified permanent full-time position:

Environmentalist IV (LG 28)

II. If there is no appropriation made for the positions authorized in paragraph I, such position shall be funded from the department's operating budget.

4 Effective Date. This act shall take effect 60 days after its passage.

LBAO 16-2453

11/20/15

HB 1528-FN- FISCAL NOTE

AN ACT relative to standards for aerobic septic systems.

FISCAL IMPACT:

The Department of Environmental Services states this bill, as introduced, will increase state expenditures by $125,000 in FY 2017, $112,000 in FY 2018, $112,000 in FY 2019, and by $118,000 in FY 2020. There will be no fiscal impact on state, county or local revenue or on county or local expenditures.

METHODOLOGY:

The Department of Environmental Services states this bill establishes standards for the approval of enhanced treatment units, also known as pre-treatment units, for use in conjunction with septic systems. The Department indicates the bill authorizes the Commissioner to hire an Environmentalist IV position to develop rules and administer a program to oversee the operation and maintenance of septic systems using these technologies. The Department states there is no appropriation for the position and the Department’s current operating budget cannot support the cost of the salary, benefits, and other costs associated with hiring an Environmentalist IV. The Department assumes the position would be filled at the beginning of FY 2017 and estimates the cost of the position (salary, benefits, equipment, travel, etc) to be $125,000 in FY 2017, $112,000 in FY 2018, $112,000 in FY 2019 and $118,000 in FY 2020.

This bill does not make an appropriation.