ALABAMA

Mr. James M. Coles, P.E., Director Community Environmental Protection

Or

Mr. Randy Farris, Director Onsite Branch Alabama Department of Public Health Community Environmental Protection The RSA Tower, Suite 1250 PO Box 303017 201 Monroe Street Montgomery, Alabama 36130-3017 (334) 206-5373 (334) 206-5788 (fax) [email protected] [email protected]

http://www.adph.org/

Onsite Sewage Disposal and Subdivision-Onsite Sewage Systems, Water Supplies and Solid Waste Management Chapter 420-3-1 Effective March 19, 2006 http://www.adph.org/ONSITE/Adopted%20Onsite%20Rules%2010-05.pdf

Onsite regulations for the State of Alabama were last updated in March, 2006. Currently the new regulations have become effective and no new revisions are expected at this time.

In the State of Alabama, regulations are performance based for all systems over 4,000 gallons. There are however a few systems with flows less than 4,000 gpd that may follow performance based standards. For more information on these systems, please contact Mr. Coles at the address listed above.

The state of Alabama recognizes management programs/contracts or management districts to monitor and maintain onsite systems or individual dispersal systems. A Management Entity program is established by state law pertaining to all systems with two or more owners. Contact Mr. Coles using the information provided above for more information on existing management programs currently in operation for the State of Alabama.

The State of Alabama does require onsite professionals to be certified. Soil Engineers, Surveyors, Geologists, Soil Scientists and Installers must have their Professional Installers License. Each profession has their own state certification board and certifications may be renewable or permanent. Site evaluations are conducted by Soils Professionals prior to installation. New regulations allow a choice of percolation test, soil morphology, or Unified Soil Classification System. All permits for onsite systems are issued by the County Health Department.

County Environmentalists perform the system inspections upon request from the homeowner. There is no charge for this service.

Permits are issued by each respective County Health Department and they are tracked within the State of Alabama; this includes permits for: new construction, repair of existing systems, and upgrade or modifications to systems. For more information please contact Mr. Coles or Mr. Farris using the information above.

Alternative/experimental/innovative technologies do not require a different permit.

In Alabama, State Revolving Funds (SRF) monies are administered by the Alabama Department of Environmental Management, please contact this office for information regarding funding to assist homeowners for the: repair of a failing/malfunctioning system, replacement of failing/malfunctioning system, or for new construction of onsite wastewater treatment systems.

Onsite training programs are available in the state of Alabama. Contact the Alabama Department of Public Health for training information. Contact the Alabama Onsite Wastewater Association for information regarding Installer training. Information regarding demonstrations and/or research that is currently ongoing within the state of Alabama can be acquired by contacting:

Dr. Kevin White, University of South Alabama (251) 460-6174 [email protected]

ALASKA

Mr. Bill Smythe, Drinking Water & Wastewater Program Manager Alaska Department of Environmental Conservation Division of Water & Wastewater Programs 610 University Avenue Fairbanks, Alaska 99709 (907) 451-2177 [email protected]

Or

Mr. David Johnson, P.E., Wastewater Engineering Coordinator Alaska Department of Environmental Conservation Domestic Wastewater Program 43335 K-Beach Road Soldotna, Alaska 99669 (907) 262-5210, ext. 238 (907) 262-2294 (fax) [email protected]

http://www.dec.state.ak.us/water/ http://www.dec.state.ak.us/water/wwdp/ dmww/dmww.htm

Wastewater Treatment and Disposal Regulations 18 AAC 72 Amended July 11, 2002 http://www.dec.state.ak.us/regulations/pdfs/72mas.pdf

As of March 2006, the State of Alaska had just completed a revision of the Plan Review Checklists and Certified Installers Manual. These revisions will become effective in 2007.

Performance based codes are followed in the selection of minimum treatment technologies. Surface discharge must receive secondary treatment and subsurface must receive primary treatment and discharge to a soil absorption system. Any new technology must undergo plan review and approval. Applicants must show that the system has a history of meeting the minimum treatment and permit requirement of the state’s regulation, 18 AAC 72. In some cases a technology plan may require review from the Technology Review Committee. Management programs/contracts are recognized in the State of Alaska to monitor and maintain onsite systems or individual septic dispersal systems. Local governments are able to request and be delegated authority to manage the individual onsite disposal program. Currently existing management programs in operation include the Municipality of Anchorage and Valdez.

The State of Alaska does require onsite professionals to be certified. Professionals must attend a certification class and complete an examination; a refresher course is also required every two years. Site evaluations are conducted by Certified Installers, Registered Engineers and Certified Homeowner Builders, prior to the installation. Certified Installers can rate typical soil types; a sample of the soil can be taken to a soil lab for analysis and rating using the Uniform Soils Classification. An engineer can also rate the soil visually as well as perform a percolation test. Onsite systems that are conventional, septic tank soil absorption system, do not require a permit to be installed. The engineer or Certified Installer must submit a documentation of construction form after the system has been completed.

If an inspection is requested by the homeowner, a Registered Engineer performs the inspection; approximate costs for this inspection are in the $500 range.

Permits issued for new construction, repair of existing system, and/or upgrade or modification of systems are not tracked within the State of Alaska. Alternative/experimental/innovative technologies are permitted, however all of these technologies must go through a plan review process and be approved for construction and operation; requiring a different permit from other conventional technologies.

In Alaska, SRF monies can be used to assist individual homeowners to: repair a failing or malfunctioning system; replace a failing or malfunctioning system; or construct a new onsite wastewater treatment system. Contact Dan Garner for more information at telephone number (907) 465-5144.

Onsite training programs are available in the State of Alaska. For information on the Certified Installer Training Program contact Bill Smythe using the information provided above. There are no current ongoing demonstrations and/or research in Alaska. ARIZONA

Ms. Michele Robertson, Groundwater Program Manager

Or

Mr. Edwin K. Swanson, P.E., Senior Environmental Engineer Arizona Department of Environmental Quality 3033 North Central Avenue Phoenix, Arizona 85012 (602) 771-4827 or (602) 771-4440 (respectively) (602) 771-4528 (fax) [email protected] [email protected]

http://www.adeq.state.az.us/

Arizona Administrative Code Title 18, Chapter 9, Articles 1 and 3 November 12, 2005 http://www.azsos.gov/public_services/Title_18/18-09.pdf

New state regulations for Arizona became effective November 12, 2005.

The Arizona rule for onsite wastewater treatment facilities is a component of the State Aquifer Protection Permit program. Most wastewater facilities with a design flow less than 24,000 gallons per day must comply with the administrative, design, installation and operational requirements of a performance-based general permit rule. Under this general permit, ADEQ issues a Construction Authorization after the review of the site evaluation and design documents, and issues a Discharge Authorization after satisfactory construction. Upon issuance of the Discharge Authorization, the owner of a general permitted onsite system may legally discharge (operate) under the general permit, provided the onsite facility is operated and maintained in compliance with the terms and conditions of the general permit rule.

Performance for many treatment technologies, including conventional septic systems and alternative systems either with or without total nitrogen reduction, is specified for each technology covered by the rule by test-justified values at: http://www.azdeq.gov/environ/water/permits/download/listpro.pdf .

The performance-based general permit regulatory approach, which utilizes site evaluation and design algorithms for each installation, allows simplified compliance evaluation for each operating facility. This is accomplished by an inspection of observable site conditions (such as evidence of a changed dwelling, facility tampering, inadequate maintenance or system malfunction), and maintenance records as required by the general permit rule. This approach is more cost-effective because discharge sampling is not required for a compliance determination.

The updated rule also establishes (a) the process for designating a Nitrogen Management Area, (b) total nitrogen disposal density limitations, (c) expansion for a the transfer inspection program to cover new and old systems, and (d) definitions for types of repairs that require a new application.

All proprietary treatment processes must be listed pursuant to Arizona Administrative Code R18-9-A309(E), except for septic tanks and technologies not covered by 18 A.A.C. 9, Article 3, Part E. The current list is periodically updated and can be found at: http://www.azdeq.gov/environ/water/permits/download/listpro.pdf

It is periodically updated.

Arizona code does not recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual septic disposal systems within the state. There currently are no plans to implement these systems.

In the State of Arizona, onsite professionals are not required to be certified however a site investigator must be qualified pursuant to A.A.C. R18-9-A310(H). A Registered Engineer, Geologist, or Sanitarian may prepare a sealed site investigation report. Others who have successfully completed training are recognized as qualifying by the Arizona Department of Environmental Quality. The currently recognized training program has a biennial refresher requirement.

A site investigation is required by rule for each installation to establish the soil absorption capabilities and the soil treatment potential using a zone of unsaturated flow beneath a dispersal works. The rule includes provisions for performance-based system selection whenever the site investigation reveals limitations which preclude installation of a conventional septic system. The performance–based rule includes characterizing raw sewage flow and strength and assigns default performance for many treatment and disposal technologies. The rule requires system design using: (a) soil properties and wastewater transport capabilities at the discharge site; and (b) performance algorithms for treated wastewater quality, wastewater loading rates, and soil treatment potential.

Site evaluations are performed by a qualified person to provide sufficient data to satisfy A.A.C. R18-9-A310 (B) prior to an onsite system being installed. The state requires both surface and subsurface evaluations at each site under consideration for an on-site system soil-absorption disposal works. Surface evaluations are most often performed pursuant to A.A.C. R18-9-A310(C) (1) using ASTM 5879. The presence or absence of any limiting condition specified in A.A.C. R18-9-A310(C) (2) (a) through (f) must be reported.

Subsurface evaluations are performed pursuant to A.A.C. R18-9-A310(D)(3) using, as appropriate, the seepage pit performance test pursuant to A.A.C. R18-9-A310(G), the percolation test pursuant to A.A.C. R18-9-A310(F) or soil characterization by ASTM methods pursuant to A.A.C. R18-9-A310(E). The presence or absence of any limiting condition specified in A.A.C. R18-9-A310 (D) (2) (a) through (f) must be reported. A statewide site investigation report form must be used by all agencies in Arizona for all applications submitted for a new system installation, system expansion and any repair specified in A.A.C. R18-9-A309(A)(9)(b)(i) through (ix). This form is at: http://www.azdeq.gov/environ/water/permits/download/TBD .

The owner of an on-site wastewater treatment facility is required to have an inspection performed before a change of property ownership pursuant to A.A.C. R18-9-A316(B). All other inspections are determined by the facility owner as appropriate or as required by the O&M manual approved at the time of the issuance of the general permit Discharge Authorization pursuant to A.A.C. R18-9-A301(D)(2)(c). An inspector performing a transfer of ownership inspection must meet the qualifications specified in A.A.C. R18-9- A316(B)(1) through A.A.C. R18-9-A316(B)(3)(f). In all cases, an operational inspection is performed by a private provider at a rate established by the provider. Regulators do not provide design services for new applications or repairs, or inspection services for other than a pending application or to respond to a complaint.

The State of Arizona has sole authority to manage the discharge of pollutants to the waters of the state, including aquifers, excluding Indian Reservations. No county or other local jurisdiction has independent authority to issue permits for the discharge of pollutants in Arizona. The State of Arizona may delegate certain functions and duties to be performed by local agencies pursuant to Arizona Revised Statutes 49-107A. Portions of the on-site wastewater treatment facilities permitting and compliance program are delegated to all 15 counties.

The number of permits issued for new construction, are tracked by the Arizona Department of Environmental Quality. Permits for repair of an existing system or for upgrade of modification are not tracked by the Arizona Department of Environmental Quality; however, this information can be obtained by contacting each county at the website listed below: http://www.azdeq.gov/environ/water/permits/download/cohealth.pdf

For additional information please contact:

Ms. Kami Budhu Arizona Department of Environmental Quality 1110 W Washington Street Phoenix, Arizona 85007 (602)-771-4496 (602)-771-4834 (fax) [email protected]

The general permit program authorizes only treatment technologies authorized in rule 18 A.A.C. 9, Article 3, Part E that have appropriate data collected and analyzed and compiled by a qualified, independent third party. Experimental and less proven treatment and wastewater dispersion technologies may be permitted under the individual permit program as a temporary permit pursuant to A.A.C. R18-9-A210.

In the State of Arizona, State Revolving Funds are not available to assist homeowners for the repair of a failing or malfunctioning system; replacement of failing or malfunctioning system or for; new construction of onsite wastewater treatment systems.

Information for onsite training programs within the State of Arizona is available at the following URL’s:

http://ag.arizona.edu/waterquality/onsite/#WorkshopSchedule http://www.cet.nau.edu/Projects/WDP/courses.html

Currently, there are no ongoing onsite wastewater demonstration, research, or testing projects in the State of Arizona.

ARKANSAS

Mr. Carl J. Graves, Environmental Specialist Arkansas Department of Health Division of Environmental Health Protection 4815 West Markham Street, Slot 46 Little Rock, Arkansas 72205 (501) 661-2584 (501) 661-2572 (fax) [email protected]

http://www.healthyarkansas.com/

Rules and Regulations Pertaining to Sewage Disposal Systems, Designated Representatives and Installers Act 402 March 1994 http://www.healthyarkansas.com/rules_regs/sewage_disposal_systems.pdf

Alternate Systems Manual April 1993

Onsite regulations for Arkansas were last updated in March 1994, but certain revisions are currently underway, specifically to combine the two regulations: Rules and Regulations Pertaining to Sewage Disposal Systems, Designated Representatives, and Installers and the Alternate Systems Manual. The effective date has not been established. These regulations can be accessed at the URL Listed above.

The State of Arkansas does not follow performance based codes. Currently, drip irrigation systems are not listed within the state code; however, it is allowed for usage based on an “experimental” status.

Arkansas code does not recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual septic dispersal systems within the state. There currently are no plans to implement these systems.

The State of Arkansas requires onsite professionals to be certified. Those professionals requiring certification include the initial testing for system installers and designers who must be in one of the four professions listed in the enabling legislation. These professions include Licensed Master Plumber, Registered Sanitarian, Registered Engineer, or Registered Soil Surveyor. These certifications are required to have a yearly renewal. County Environmental Specialists are responsible for conducting site evaluations before an onsite system is installed in the State of Arkansas. Soil pits are used to determine the hydraulic conductivity and the depth to limiting horizons for specific site evaluations. Sizing is based on depths to brief, moderate, and long seasonal water tables. In the State of Arkansas new systems must be inspected by the County Environmental Specialist prior to use. Existing systems are not routinely inspected; however, if the homeowner were to request an inspection, the County Environmental Specialist would perform the inspection.

Permits for onsite wastewater systems are issued locally by County Environmental Specialists who are employed by the Arkansas Department of Health and Human Services. The number of permits issued for new construction, are tracked by the Arkansas Department of Health. Permits for repair of an existing system or for upgrade of modification are not tracked. For additional information, contact Mr. Graves at the address listed above.

Permits are not required for alternative/experimental/innovative technologies within the State of Arkansas.

In the State of Arkansas, monies from State Revolving Funds (SRF) are not available to be used to assist individual homeowners to repair a failing or malfunctioning system; replace a failing or a malfunctioning system; or for new construction of onsite wastewater treatment systems.

In the State of Arkansas, training for new agency personnel is provided as needed and when funds allow. For more information, please contact Mr. Graves at the address listed above. Currently, there are no ongoing onsite wastewater demonstration, research, or testing projects in the state.

CALIFORNIA

Mr. Todd Thompson, P.E. Water Resource Control Engineer PO Box 100 Sacramento, California 95812-0100 (916) 341-5518 (916) 341-5463 (fax) [email protected]

Or

Ms. Kim Ward, Environmental Scientist 1001 I St. Sacramento, California 95814 (916) 341-5576 (916) 341-5463 (fax) [email protected]

http://www.swrcb.ca.gov/ http://www.ccdeh.com/

Onsite wastewater regulations in California are not uniform across the State. At the State level, each of the nine regional water quality control boards have different policies that require different approaches to siting and design with a wide variation. In many cases, it is the local agencies (counties and cities) that have the driving regulations for siting, design and construction of onsite wastewater treatment systems. These too, vary widely across the State. The State is currently drafting statewide regulations and has a long process to work through before finalization.

The rules in California will be administered through the State’s Regional Water Quality Control Boards (RWQCBs). Those boards will work with local governments to ensure the statewide regulations are complied with for all new and repaired onsite wastewater treatment systems (OWTS). OWTS regulations are being developed now but have been delayed due consistent controversy. At present, State Water Resource Control Board (SWRCB) staff is expecting to publicly release draft OWTS regulations somewhere around May 2006. It is estimated that the regulations or some version thereof, will become effective approximately 16 months after the release date.

Current draft regulations do have a component of performance-based practice in them. The approach allows any technology to be used provided it is ‘certified’ by an engineer or, in the case of proprietary technology, by a third party independent testing or data validation process. Prescriptive requirements are associated with some siting issues (minimum soil depth requirements). As proposed, the California code will recognize management programs/contracts and management districts to monitor and maintain onsite systems or individual septic dispersal systems. The proposed draft regulations require all advanced treatment systems to have a contract service provider. Existing management programs currently in operation in the State of California include:

Stinson Beach County Water District 3785 Shoreline Highway P.O. Box 245 Stinson Beach, California 94970 (415) 868-1333 (415) 868 9417 (fax)

Public Works Department Town of Paradise 5555 Skyway Paradise, California 95969 (530) 872-6291

Georgetown Divide PUD 6425 Main Street P.O. Box 4240 Georgetown, California 95634

Greenstone County CSD 3451 Stagecoach Road Placerville, California 95667 (530) 622-6120

Sea Ranch CSD 35600 Verdant View Sea Ranch, California 95497 (707) 785-2756

The State of California does not require onsite professionals to be certified.

In the State of California, the Local Health Department (county or city) is responsible for conducting site evaluations before an onsite system is installed. However in some locations, the building departments handle this oversight.

Depending on the location, a designer may have to perform either a percolation test or a soils evaluation, or both as part of the site evaluation in the State of California. Most system oversight is done at the local level.

The State issues permits to larger systems. The local agencies issue permits for the smaller systems. The cutoff between state and local oversight depends on where the site is located, as it varies regionally across the State.

The State of California does not keep track of the number of permits issued state wide for new construction; the repair of existing systems; or for upgrade or modification on the onsite system. Different permits are required for alternative/experimental/innovative technologies at some locations the level of oversight is different.

California provides funding or financing options for individual homeowners for repair or replacement of a failing or malfunctioning system, but not for new construction of onsite wastewater treatment systems. For funding or financing options, one may contact:

Mr. Christopher Stevens, Chief Project Development Section Division of Financial Assistance State Water Resources Control Board PO Box 100 Sacramento, California 95814 (916) 341-5698 (916) 341-5707 (fax) [email protected]

For information regarding onsite training programs available throughout the State of California, please contact the following:

California Environmental Health Assn. (CEHA) 77 Solano Square, PMB #245, Benicia, California 94510 (707) 751-0301 (707) 751-0301 (fax) [email protected]

California Onsite Wastewater Association Mr. Cliff Trammell, Executive Director PO Box 6146, Santa Rosa, California 95406 707-579-4882 707-579-0117 (fax) [email protected]

Currently there are no onsite wastewater demonstration, research, or testing projects ongoing in the State of California.

COLORADO

Mr. Kent Kuster Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 (303) 692-3574 (303) 782-0390 (fax) [email protected]

http://www.cdphe.state.co.us/ cdphehom.asp

STATE BOARD OF HEALTH GUIDELINES ON INDIVIDUAL SEWAGE DISPOSAL SYSTEMS 5 CCR 1003-6 November 30, 2004 http://www.cdphe.state.co.us/op/regs/waterqualitycontroldivision/100306individualsewag edisposalsystems.pdf

In Colorado, wastewater regulations are administered across thee state by local health agencies – generally county level, with some regional and occasional municipal administration. These rules apply statewide and can be made more stringent at the local level in some areas. Local regulations must be submitted to the state for review and approval but there are few areas in which local regulations cannot be made more stringent.

Technologies approved for use in Colorado include (1) conventional systems, i.e., septic tanks, soil absorption beds and trenches, absorption or seepage pits, dry wells, sand filters, mounds, and evapotranspiration beds; (2) alternative systems, i.e., gravelless chambers, some gravelless pipe systems, constructed wetlands, composing and incineration toilets, aerobic systems with NSF Std. 40 certification; and (3) experimental systems, for which each installation requires local Board of Health approval and a dedicated site for replacement with a conventional or alternative system. Colorado has identified no specific products or technologies as experimental. A new technology may be approved as experimental by a local board of health—this requires approval for each individual installation and requires removal upon system failure. New technologies can receive certification by the State. This would allow installation with only local staff approval, but the process involves review by a Technical Advisory Committee, which recommends approval, conditions of approval, or denial to the State. The Colorado Department of health & Environment has final approval authority.

Colorado Code allows for drainfield area/size reductions in gravelless absorption field systems, permanently installed low-flow fixtures, and dosing systems. The maximum reduction is 50%, and no other reductions are allowed.

For onsite wastewater demonstration, research, or testing projects in Colorado contact:

Mr. Robert Siegrist, PhD, P.E., Professor and Interim Director, Environmental Science & Engineering Department Colorado School of Mines 112 Coolbaugh Hall Golden, CO 80401-1887 Phone: (303) 273-3490.

State Code does not recognize or require management programs/contracts or management districts, to monitor and maintain onsite systems or individual septic disposal systems, nor are there plans to develop such programs within the next year.

There is no perpetual maintenance on mechanical systems that have surface discharge, required by the state.

In Colorado, a failed system is not defined in either statute or regulation. There is no reporting of system failures, or causes, to the state. Oversight of systems is done at the local health agency level. No reporting to the state is required.

If a system is considered to be failing or to have failed, the protocol for initiating repair or replacement is at the discretion of the local health agency unless enforcement is taken. Enforcement requires issuance of written notice, a hearing not less than 48 hours of issuance of written notice, and issuance of a cease-and-desist order. The order must require the owner to bring the system into compliance in a reasonable period of time, not to exceed 30 days, or thereafter cease and desist from use of the system.

No funding program or mechanism exists to assist homeowners either replacing failing systems or installing new systems, and there are no plans to develop such a mechanism within the next year. Currently, there are no counties or communities within the state that have a revolving loan fund or other financial assistance programs for individual homeowners. Entities or programs that may offer homeowners insurance policies for their onsite treatment system is unknown at this time.

Colorado does not have a pre-sale inspection protocol for onsite wastewater systems during property transfers. Regular inspections also are not required by the State for investigating the performance and operation of onsite systems after initial construction. If a homeowner requests an inspection, some local health agencies will perform system inspections for a fee. Otherwise, the homeowner has very limited options, though some consulting firms will perform this service, again for a fee. There are no standards, and there is no licensing for who may perform such inspections. Site evaluations can be performed by local health department staff or by a Registered Professional Engineer. The state does require percolation tests or soil characterization as part of the site evaluation.

Permits are issued by the state, but not kept track of for the construction of new sites, repair of existing systems, or for upgrade or modification. There are different permits required for alternative/experimental/innovative technologies. This category requires approval by the local Board of Health as opposed to a staff level approval for a standard system and must provide for a timely replacement with a standard type system in the event that the experimental system fails.

The State does not require the use of septic tank effluent filters for onsite wastewater treatment systems. There is no minimum lot size for the placement and use of an onsite wastewater treatment system.

Minimum setback/separation distances include: Septic Tank Drainfield • Dwelling/structure - 5’ 20’ • Well-private well - 50’ 100’ • Surface water - 50’ 50’ • Property lines - 10’ 10’ • Seasonal high water table/limiting layer - - 4’ • Wetlands - - -

Information about municipal wastewater is available by contacting Mr. David Akers, Water Quality Protection Section Manager, Water Quality Control Division, by phoning (303) 692-3591, or at the email address [email protected] CONNECTICUT

Mr. Robert Scully, Sanitary Engineer III

Or

Ms. Amanda Crovo Connecticut Department of Public Health 410 Capitol Avenue MS #51 SEW PO Box 340308 Hartford, Connecticut 06134-0308 (860) 509-7296 (860) 509-7295 (fax) [email protected] [email protected]

http://www.dph.state.ct.us/BRS/Sewage/ sewage_program.htm

Regulations and Technical Standards for Subsurface Sewage Disposal Systems Discharges 5,000 Gallons Per Day or Less Section 19-13-B103 January 1, 2004 http://www.dph.state.ct.us/phc/subcode.pdf

Technical Standards for the Design and Construction of Subsurface Sewage Disposal Systems Pursuant to Section 19-13-B103 January 1, 2004 http://www.dph.state.ct.us/BRS/sewage/TECHNICAL_STANDARDS_HIGHLIGHTED.pdf

Design of Subsurface Sewage Disposal Systems for Households and Small Commercial Buildings http://www.dph.state.ct.us/BRS/Sewage/sewage_manual.htm

Onsite regulations for Connecticut were last updated on January 1, 2004. Currently the Code Advisory Committee for the State of Connecticut is being convened to discuss possible changes in the future; however, there are no legislative changes at this time.

In Connecticut, the Connecticut Department of Health approves conventional subsurface sewage disposal systems based upon total soil absorption/dispersal. Other technologies require Department of Environmental Protection (DEP) approval. The DEP handles mechanical treatment systems. Surface discharge for onsite septic dispersal systems is not an option in Connecticut; in such case that surface discharge is desired, the DEP should be contacted.

Prior to October 1, 2003 Connecticut did not recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual septic dispersal systems. However, new legislation has been passed that allows municipalities to establish by ordinance decentralized wastewater management districts. The legislation stipulates conditions that have to be met before a town can create a district.

State-level funding programs or mechanisms exist to assist homeowners replacing failing systems or installing new systems. Interested persons may contact Mr. Warren Herzig, Connecticut Department of Environmental Protection (DEP), by phoning (860) 424- 3801.

Connecticut Onsite Wastewater Recycling Association (COWRA) offers a septic installers preparation course. Contact COWRA at (860) 651-6233 or visit their website at www.cowra-online.org for more information.

Connecticut Department of Health, through a grant funded by DEP, is in the process of developing a soils assessment workshop for local sanitarians.

Percolation tests and identifying restrictive layers/factors through deep test pits are part of the site evaluation for suitability for an onsite SSDS. Restrictive factors and percolation data are used for sizing and configuration of the SSDS.

New construction, repair of existing systems and upgrade or modification permits are issued in the state of Connecticut. Local directors of health issue permits for conventional Subsurface Sewage Disposal Systems (SSDS) up to 5000 GPD. State DEP issues permits for SSDS over 500GPD and for alternative and community systems.

Should a homeowner request an inspection, local ordinances will indicate who performs the inspection. Licensed Septic Installers or agents of the Director of Health usually perform these inspections. The State of Connecticut requires their onsite inspectors to be certified. Local directors of health can authorize agents of the Director of Health, which are persons approved by the Commissioner of Public Health to investigate, inspect, and approve plans relating to subsurface sewage dispersal systems. Qualifications for approval by the Commissioner can be established by participating in a training course and passing an exam pertaining to applicable Public Health Code regulations. Local directors of health and agents of the director are responsible for conducting site evaluations before an onsite system is installed or approved for use. Usually these persons are sanitarians or professional engineers who are licensed in the state of Connecticut. Contact Mr. Warren Herzig, DEP (above) for information dealing with third party certification other than NSF International testing for approval of alternative/experimental systems.

Connecticut does not track the number of permits issued per year for new construction or for system repair or replacement. An annual survey of towns is required, but data are not always tallied. Records are maintained at the local level. Please contact Mr. Warren Herzig, DEP (above) for information on permits issued for alternative/experimental/innovative technologies.

DELAWARE

Mr. Dave J. Schepens, Program Manager I Department of Natural Resources and Environmental Control - GWDS Division of Water Resources 89 Kings Highway Dover, Delaware 19901 (302) 739-4762 (302) 739-7764 (fax) [email protected]

Or

Mr. James Cassidy Department of Natural Resources and Environmental Control – GWDS 422 N. DuPont Highway Georgetown, Delaware 19947 (302) 739-9948 (302) 739-7764 [email protected]

http://www.dnrec.state.de.us/water2000/index.asp

Regulations Governing the Design, Installation, and Operation of On-Site Wastewater Treatment and Disposal Systems As Amended April 11, 2004 http://www.dnrec.state.de.us/water2000/Sections/GroundWat/Library/Regs/

Regulations for the State of Delaware were last updated April 11, 2004. The regulations in effect can be viewed using the URL address above. There are no planned revisions to the state’s onsite wastewater treatment and dispersal systems regulations.

Performance based codes are followed for some cases involving “questionable lots,” as far as soil goes. Upcoming pollution control strategies in certain watersheds will require more use of performance based codes. The State is currently working on a standard protocol for products and technologies not listed within the States code.

Management programs/contracts are not recognized in code to monitor and maintain onsite systems or individual septic dispersal systems. The State is currently planning to embark on an operation and maintenance program for innovative and alternative systems. The program will start in 2006. There are no existing management programs currently in operation in the State of Delaware.

The State of Delaware requires onsite professionals to be certified by the State. These certifications are renewed annually by the Board which has the authority to approve certifications/licenses and also take them away. Class H Licensed inspectors are available to perform system inspections if it is requested by the homeowner. The State still inspects new construction and replacement systems.

Site evaluations are conducted by Licensed Soil Scientists prior to an onsite system being installed. These Soil Scientists are licensed by the State and only 22 currently work in the State of Delaware. Most are ARCPACS certified with extensive training and CEUs required. Soil Characterization is required by the State of Delaware, this includes hand textured permeability rate and depth to limiting zone. County governments may influence the permitting process if more stringent regulation is sought.

Permits are issued at the State level and are tracked within the state of Delaware for new construction, repair of an existing system, and upgrade or modification to a system. For more information contact Mr. Dave Schepens using the information provided above.

Alternative/experimental/innovative technologies require the same basic permit as standard systems; however, it is combined with an operation component and requires a more extensive review process.

In Delaware, monies can be used to assist individual homeowners to: repair a failing or malfunctioning system, replace a failing or malfunctioning system, or for new construction of onsite wastewater treatment systems. For information regarding monies to replace and/or repair existing systems, contact Carla Waller at the Division of Water Resources Financial Branch, (302) 739-9948/9947.

Onsite Training Programs are available throughout the state of Delaware. A new wastewater training facility has just opened at Delaware Tech & Community College’s Georgetown campus. Onsite wastewater demonstration, research and testing projects are also ongoing in the State and can also be found at the Delaware Tech & Community College’s Georgetown campus.

FLORIDA

Mr. Dale Holcomb, Environmental Manager Bin A08 4052 Bald Cypress Way Tallahassee, FL 32399-1713 (840) 245-4093 [email protected]

Or

Mr. Gerald Briggs Bin A08 4052 Bald Cypress Way Tallahassee, FL 32399-1713 http://www.doh.state.fl.us/environment/ostds/

Florida Administrative Code Standards for On-Site Sewage Treatment and Disposal Systems Chapter 64E-6 May 24, 2004 http://www.doh.state.fl.us/environment/ostds/pdfiles/forms/64e6.pdf

Onsite regulations for the State of Florida are revised annually. For the most current regulations use the URL provided above.

Performance based codes for the selection of any technology that has third-party testing data from NSF is eligible for approval. For technologies not listed within Florida State Code there exists an innovative system approval process, this can be reviewed in Chapter 64E-6EAC.

Management programs/contracts are recognized in code for NSF Standard 40 Class 1 aerobic treatment units. Any performance based treatment systems and industrial manufacturing zone systems are circumstances where maintenance/management contracts are required. Maintenance entities do exist in the State of Florida, please contact Mr. Holcomb using the information provided above for a printout of the existing maintenance entities.

The State of Florida does require onsite professionals to be certified. These certifications are renewable. Individual homeowners have a choice of county health department, licensed Professional Engineers, licensed septic tank contractors, or certified private evaluators for conducting site evaluations before an onsite system is installed. The State requires soil evaluations including: texture, soil drainage, setbacks to wells, and setbacks to surface water as part of the site evaluation. State rule allows permits to be issued by the Country Health Department.

Licensed contractors perform system inspections upon request from the homeowner who is responsible for the cost of the inspection.

Permits are issued at the county level. Permits are tracked within the state for: new construction, repair of existing systems, and the upgrade or modifications of an existing system. Please contact Mr. Holcomb using the information provided above for more information on all types of permits.

Alternative/experimental/innovative technologies are permitted. These systems require an innovative system permit from the Tallahassee (State) office.

In Florida, SRF monies can be used to assist homeowners in the repair of a failing or malfunctioning system, replacement of a failing or malfunctioning system, or for new construction of an onsite wastewater treatment system; however, this process is not yet formally established. Please contact Mr. Mark Hooks at (850) 251-7493 for more information.

Onsite training programs exist in the State of Florida. The Florida Onsite Wastewater Association and the Florida Environmental Health Association are two programs which provide such training. For more information on these programs, please contact: Mr. Ed Barranco 4052 Bald Cypress Way Bin A08 Tallahassee, FL 32399-1713

Information regarding demonstrations and/or research that is currently ongoing within the State of Florida can be found by contacting: Mr. Eberhard Roeder 4052 Bald Cypress Way Bin A08 Tallahassee, FL 32399-1713 GEORGIA

Mr. Scott A. Uhlich, Program Manager

Or

Mr. Greg Harless, Program Consultant Georgia Department of Human Resources Environmental Health Section 2 Peachtree Street, NW 16th Floor Atlanta, Georgia 30303-3186 (404) 657-6534 (404) 657-6516 (fax) [email protected] [email protected]

http://health.state.ga.us/programs/envservices/index.asp

On-site Sewage Management Systems Rules of the Georgia Department of Human Resources Chapter 290-5-26 May 15, 2001 http://health.state.ga.us/pdfs/environmental/290-5-26.pdf

Onsite regulations for Georgia were last updated in March 2001. As of June 1, 2006 Georgia’s regulations were not under revision and there are no plans for revision.

The State of Georgia follows performance based codes for aerobic treatment systems, bio-peat systems, and recirculating filters. Technologies approved for onsite wastewater treatment and disposal in Georgia include alternative aggregate systems (e.g., tire chips and polystyrene), chamber systems, gravelless systems, peat filters, drip systems, and mounds. Those technologies not listed require review through the Technical Review Committee for approval as an alternative or experimental system.

Georgia’s code recognizes management programs/contracts to monitor and maintain Advanced Treatment Systems. Georgia Code requires three-year maintenance contracts and an operation and maintenance plan for aerobic treatment units (ATUs) designed for 2,000 gallons per day or more, including a service visit every six (6) months during this period. The Department’s regulations require aerobic treatment units to provide continued monitoring and maintenance after the initial three-year period. The company must provide quarterly maintenance reports to the Department of Human Resources and the county board of health. Existing management programs currently in operation in the State of Georgia are Douglas County, Georgia and Berkeley Lake, Georgia. For information on these programs, contact Mr. Uhlich or Mr. Harless.

The State of Georgia requires onsite professionals to be certified. Soil Scientists, Installers, Pumpers, County Environmental Health Specialists are listed as certified onsite professionals. These certifications are renewable every 2 years and are based on continuing education. In the State of Georgia, County Environmental Health Specialist – Level II certification are responsible for conducting site evaluations before an onsite system is installed.

In the State of Georgia an applicant may request an existing system evaluation by the county health department. Recommended protocols are found in the department’s technical manual for onsite sewage management systems. The State does not require regular inspections for investigating the performance and operation of onsite systems after initial construction but does for advanced treatment systems. However, the use of septic tank effluent filters is required for onsite systems. Inspectors are certified by a state testing program that has been established and requires continuing education for recertification. The county environmental health specialist conducts site evaluations for permitting. However a soil evaluation report from a certified soil scientist must be submitted with the site evaluation application. Fees are established locally through the county boards of health and county government.

Permits are issued for new construction, repair of existing systems, and for upgrade modification within the State of Georgia. These permits are issued at the county level, however the state keeps track of all issued permits. For information on permits please contact:

Ms. Leslie Freyman DHR/Environmental Health Section 2 Peachtree Street, 13th floor Atlanta, Georgia 30303-3186 (404) 657-6534 (404) 657-6533 (fax)

No funding programs exist to assist homeowners repairing or replacing failing systems or installing new systems. Neither are there programs that offer homeowners insurance policies for their onsite systems.

For information about onsite wastewater demonstration, research, or testing projects being conducted in the State of Georgia contact:

Mr. Larry West, Ph.D., Professor Department of Crops and Soil Sciences University of Georgia Athens, Georgia 30602-7272 (706) 542-0906 (706) 542-0914 (fax) [email protected]

HAWAII

Mr. Harold K. Yee, Chief

Or

Mr. Tomas See Hawaii Department of Health Wastewater Branch Environmental Management Division 919 Ala Moana Boulevard, Rm. 309 Honolulu, Hawaii 96814 (808) 586-4294 (808) 586-4300 (fax) [email protected] [email protected]

http://www.state.hi.us/health

Wastewater Systems Title 11, Chapter 62 December 9, 2004 http://www.hawaii.gov/health/about/rules/11-62.pdf

Hawaii regulations were last amended on December 9, 2004. No major amendments or revisions are ongoing at this time. There are a number of minor corrections that are needed and are being discussed with EPA such as changes to our onsite rules which would make them consistent to the Large Capacity Cesspool regulations. Wastewater regulations apply statewide, and can become more stringent on the local level if approved by the state.

Hawaii does not follow performance based codes for the selection of any or all technologies. The closest performance based technology Hawaii follows is the NSF class I certification for aerobic units.

There is a provision in Hawaii’s rule that allows the Department to review innovative and or alternative technologies on a case-by-case basis. Provisions exist for the Director of Health to allow other innovative and alternative technologies. The Department of Health allows the technology to be used on an experimental basis during which performance data are gathered over a period of time to demonstrate that the technology functions as described.

Those technologies approved for use in Hawaii include: • Conventional—Aerobic treatment units, septic tanks, soil absorption beds and trenches, absorption or seepage pits, dry wells, sand filters, mounds, and evapotranspiration beds. • Alternative—Gravelless chambers, some gravelless pipe systems, constructed wetlands, composting and incineration toilets, and aerobic systems with NSF Standard 40 certification. • Experimental—Each installation requires local Board of Health approval and dedicated site for replacement with conventional or alternative systems. No specific products or technologies are identified as experimental, but an experimental technology can be approved on a case-by-case basis.

State Code does not require management programs or contracts except for aerobic treatment units, for which an ongoing maintenance/service contract/agreement is required. There are no plans to alter these requirements within the next year. Perpetual maintenance on mechanical systems that discharge onto the surface or into surface bodies of water is required; however, the rules do not allow for onsite wastewater systems to discharge onto the surface or into surface bodies of water.

There is no periodic inspection required by the state for investigating the performance and operation of onsite systems. Nor are regular inspections for investigating the performance and operation of onsite systems after construction required by the State. Inspectors are not required to be certified. All site evaluations and wastewater system designs are required to be done by a professional engineer licensed in Hawaii. A percolation test or soil characterization is required as part of the site evaluation. Please see section 11-62-31.2 site evaluation for information regarding Hawaii’s requirements on percolation tests and/or soil characterization as part of the site evaluation.

The protocol for initiating repair or replacement of a failed system includes the Department of Health’s issuing an informal notice of violation to the individual homeowner, and allowing the owner a stated period of time to correct the problem as well as respond in writing to the Department of Health. If the system is not brought into compliance after two notices, the DOH can take formal enforcement action. Typically, the DOH will order the owner to hire an engineer to determine if the system can be repaired, the extent of the repairs, or the system needs to be replaced.

There are no permits for onsite systems within the State of Hawaii. Hawaii rules require that any new onsite wastewater system plan be approved by the Department, and once constructed, written authorization obtained from the Department for use. Permits are tied to the County building permit process as the Department of Health is responsible for onsite wastewater functions and not the Counties. No permits are issued for repair of existing systems, or for upgrade or modification. Department of Health issues an approval letter for the onsite plans and use of the system. Permits for new construction are issued by the appropriate county with the State reviewing and signing permit applications. The state tracks each issued permit. No permit is required for alternative/experimental/innovative technologies. The State of Hawaii will consider third party certification other than NSF International testing for approval of alternative/experimental systems. For example, Hawaii has allowed third party certifications provided that the testing protocol is similar to NSF’s. Contact Mr. Tomas See, Supervisor Planning & Design Section of the Wastewater Branch, Hawaii State Department of Health at (808) 586-4294 or email [email protected] for more information regarding permit records and number totals. Only partial data of permit types and totals are recorded. Most of the record keeping is done manually; however, information regarding dates, locations, owner, engineers and type of wastewater system used are recorded. Also, building permit applications are recorded.

No funding program or mechanism exists to assist homeowners replacing a failing system or installing a new system, and there are no plans to develop such a mechanism within the next year. However, they are working with the County of Hawaii to develop a State Revolving Funds (SRF) sponsorship program to replace large capacity cesspools as part of a new loan to the County. For further information contact:

Ms. Dixie Kaetsu Managing Director County of Hawaii (808) 961-8211 [email protected]

Also, there have been no changes to allow the use of State Revolving Funds (SRF) to assist individual homeowners in repair of failing or malfunctioning system, replacement of failing or malfunctioning systems, or new construction of onsite wastewater treatment systems.

Currently, no onsite wastewater demonstration, research, or testing projects are ongoing in the state. Also, there is no state sponsored onsite training available. However, the State of Hawaii is working with EPA Region 9 to develop a short onsite wastewater training program that is currently in the very initial planning stages.

IDAHO

Mr. A.J. Maupin, P.E., Wastewater Program Engineer

Or

Mr. Mark Mason, P.E. Wastewater Program Engineer Idaho Department of Health and Welfare Division of Environmental Quality 1410 North Hilton Boise, Idaho 83706 (208) 373-0140 or (208) 373-0266 (208) 373-0576 (fax) [email protected] [email protected]

http://www2.state.id.us/adm/adminrules/ rules/idapa58/0103.pdf

Individual/Subsurface Sewage Disposal Rules IDAPA 58, Title 01, Chapter 03 July 1993 http://adm.idaho.gov/adminrules/rules/idapa58/0103.pdf

Technical Guidance Manual for Individual and Subsurface Sewage Disposal Systems January 27, 2000

As of June 1, 2006 there were no revisions taking place. There are no plans at this time to revise the current rules.

Idaho follows a prescriptive code for siting, sizing, and configuring Standard Septic Systems. The definition of a Standard Septic System addresses only a septic tank, (primary clarifier), and drainfield.

Fortunately, Idaho Rule has established a Technical Guidance Committee (IDAPA 58.01.03.004.07) that is charged with developing and maintaining a Technical Guidance Manual (TGM) which “shall provide state-of-the-art technical guidance on alternative sewage disposal components and systems, soil type determination methodology and other information pertinent to the best management practices of individual and subsurface sewage disposal. (10-1-90)” (IDAPA 58.01.03.004.09) Finally, Idaho Rule also defines Alternative System: “If a standard system as described in these rules cannot be installed on a parcel of land, an alternative system may be permitted if that system is in accordance with the recommendations of the Technical Guidance Committee and is approved by the Director. (5-7-90)” (IDAPA 58.01.03.004.10).

In the TGM, performance based criteria exists for the Extended Treatment Package Systems (ETPS), which most people refer to as Advanced Treatment Units (ATU). Fundamentally, a miniature Wastewater Treatment Plant for individual home use. The Alternative Treatment section of the TGM is enforceable as Rule. Idaho currently requires these systems to perform to the generally accepted BOD5/TSS discharge level of 30 /30 ppm. In areas of concern (shallow groundwater, insufficient soil separation to bedrock, in nitrate priority areas, etc.) total nitrogen (TN) may also be limited in the installation permit. The level of TN discharged is addressed in another guidance document called the Nutrient – Pathogen (NP) Evaluation.

Unlisted technology may be submitted to the TGC for evaluation and inclusion in the TGM, but this only addresses technology intended to be used as an individual onsite system. If the technology is to be used on Cluster Systems (Decentralized Community WW Systems), then an engineering evaluation with supporting documentation should be submitted with the Engineering Report and Plans & Specifications for the development. These documents would then be evaluated by DEQ engineering staff, authorized by Statute 39-118, to obtain assurances that the system as designed at least meets the state’s minimum requirements. Pilot Tests would be required on the installation prior to lifting sanitary restrictions.

The State of Idaho does recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual septic dispersal systems. All Cluster Systems employing advanced technology are required to provide a contracted service provider. Even simple Large Soil Absorption Systems (LSAS), pressure dosing of wastewater flows from 2,500 gpd to 10,000 gpd, are required to contract with at least a level 1 Wastewater Operator. A level 1 operator is require to maintain the pressurization system, but most of these Cluster Systems contract with a level 3, or possibly a level 4 operator. These operators are qualified to maintain the most advanced technologies including membrane filters, up-flow sand filters, and continuous flow UV disinfection systems. These service contracts typically are given to small companies that maintain multiple large systems, and have personnel strategically located within a short time of travel of each system.

All individual onsite wastewater systems that are manufactured and transported to the service site are required to be maintained by a contracted service provider. These systems are technologically advanced, and have differing configurations (i.e. Orenco Advantex; BioMicrobic FAST; Norweco Singulair; Jet BAT, Nyadic, Delta Whitewater, etc.). Consequently, DEQ has cause to form Non-Profit Operations & Maintenance (O&M) Corporations that each property owner must join upon purchasing one of these ATUs. The homeowner pays a yearly membership due, and the O&M contracts with the service provider to not only maintain these systems, but also to analyze samples and submit results to the O&M Corporation. The O&M Corporation must then provide this information to DEQ and the Health Districts in their annual report. Individual sites that are discharging effluent in excess of their installation permit maximums are flagged for additional maintenance and sampling.

For additional information on existing management programs currently in operation in the State of Idaho please contact:

Mr. Alan Worst Idaho Onsite Services, Inc. 625 Best Ave. Coeur d'Alene, Idaho 83814 (208) 664-2133

Mr. Keith Spiers Alternative Wastewater Systems, LLC 3414 Greenhurst Nampa, Idaho 83686 (208) 468-1505

The State requires onsite professionals to be licensed. Multiple certifications are required depending upon the activity undertaken. For the simplest systems, a Basic Installers License is required. For Complex Systems, a Complex License is required. Each of these licenses are renewable annually, and every third year the licensee must attend an 8-hour training course. Design of Cluster Systems and LSAS must be performed and documented by a Professional Engineer licensed in Idaho. Maintenance for individual onsite wastewater ATUs must be performed by a service provider who is knowledgeable and/or trained in the particular manufacturer’s product. Finally, any Cluster System must contract with a suitably licensed Wastewater Operator.

In the State of Idaho, a site evaluation is conducted before an onsite system is installed. The DEQ has a Memorandum of Understanding (MOU) with the seven Health Districts to execute the Onsite Wastewater Program. The Health District’s Environmental Health Specialists (EHS) perform site evaluations, system installation inspections, permit writing, fee assessment and collection, and annual report review. Idaho characterizes the soils during the site evaluation. The EHS performs this service, with the State Onsite Coordinator providing support for questionable or difficult determinations. Idaho no longer accepts percolation tests due to the variability in their execution.

The Health District’s collect a site evaluation fee. The installer coordinates with the EHS concerning time and date. At the selected time and date, the installer has excavated a suitable test pit for the EHS to observe, takes soil samples (if necessary), and makes a determination on soil depth, depth to groundwater or bedrock. Additionally, the EHS will determine whether appropriate separations distances are present between surface water, well casings, foundations, etc.

DEQ provides a liaison to support the Health Districts’ efforts, provide Rule interpretation, support annual installer training, and other activities, up to and including legal action. The Health District performs the inspection. A fee is charged to cover the expenses associated with sending the EHS to the site to evaluate the soils, distance to surface and ground water, and other site attributes.

Regular inspections are not required by the state for investigating the performance and operation of onsite systems after initial construction. Inspection requests by the homeowner are highly unusual in Idaho. Often, the homeowner’s question is, “Where is my septic tank?” Records are reviewed and copies of inspections provided to the homeowner. No charges are made for this service. A property owner could pay for a site evaluation and have the local district health department come on site to offer assistance, or pay the pumper to locate the septic tank using transponders, snakes, or soil probes. Any inspector must be certified however.

The Registered Environmental Health Specialist (REHS) is responsible for issuing permits for new construction, repair of existing system, or upgrade or modification; however, they do not keep track of them. Experimental systems are required to have an approved alternative design available should the experimental system fail. Variances are required to be issued. Owners must hold the state harmless should the system fail. Idaho uses soil characterization for determining soil type and application rates, percolation tests are not used. Soil classification has been the chosen method for site evaluations since 1985.

The Idaho DEQ promulgates the rules and through a Memorandum of Understanding that delegates the day to day activities to the seven District Health Departments for Implementation. The rules establish criteria for the construction of standard septic tanks and drainfields. The rules are interpreted by a Technical Guidance Committee (TGC) and the Committee is mandated to develop a state of the art Technical Guidance Manual (TGM). All alternative designs are approved by the DEQ at the recommendation of the TGC and are kept in the TGM.

For a list of technologies that are approved for use in Idaho, see the Technical Guidance Manual for Individual and Subsurface Sewage Disposal (TGM) at: http://www2.state.id.us/deq/waste/tgm_sewage.htm

The Experimental System Section of the TGM lists the protocol for use of technology(ies) not listed in the current state code.

No funding program or mechanism exists to assist homeowners replacing failing systems or installing new systems, and there are no plans to develop one within the next year. Currently, there are no counties or communities within the state that have a SRF or other financial assistance program for individual homeowners.

In Idaho the State Onsite Coordinator assists the Health Districts in periodically training the Basic and Complex system installers. This is typically an 8-hour training session that they must attend once every three years. For more information, please contact Mr. Maupin at the address listed above. The Hayden Wastewater Research Facility (HWRF) is currently evaluating Blue Water Technologies’ phosphorus removal process, Blue Pro®. This technology is modular and lends itself to being scaled up or down to the appropriate size.

More information can be found at: http://www.engr.uidaho.edu/bluepro2006/ http://www.insuite.net/uploads/139/documents/Docs/HWRF2Page_090304.pdf

ILLINOIS

Mr. Chad Moorman Division of Environmental Health Illinois Department of Public Health Division of Environmental Health 525 West Jefferson Street Springfield, Illinois 62761 (217) 782-5830 (217) 785-1188 (fax) [email protected]

OR

Mr. Robert Cowles Division of Environmental Health Illinois Department of Public Health Division of Environmental Health 525 West Jefferson Springfield, IL 62761 (217) 782-5830 [email protected] http://www.idph.state.il.us/

Private Sewage Disposal Licensing Act and Code Title 77, Chapter I, Subchapter R, Part 905 2003 http://www.ilga.gov/commission/jcar/admincode/077/07700905sections.html

Section 905.15. Adopts the most current NSF standard for the testing and evaluation of aerobic treatment systems. Section 905.20. Clarifies the manner in which wastes must be handled when floor drains collect wastes in areas where vehicles are stored or maintained. Section 905.30. Approves various chamber systems, peat filter systems, and the raised filter bed for installation as acceptable private sewage disposal systems. Section 905.40. Allows additional flexibility in providing access openings to two compartment septic tanks. Section 905.60. Establishes design requirements for the installation of chamber systems. Section 905.95. Adds a new section which establishes design and installation requirements for the Illinois raised filter bed. Section 905.96. Adds a new section which establishes design and installation requirements for peat filter systems. Section 905.100. Adopts the current NSF standard for the testing and evaluation aerobic treatment systems. Section 905.170. Clarifies the requirements for the land application of septage and changes language to be consistent with U.S. EPA land application requirements. Section 905.205. Adds criteria for administrative fines. House Bill 1695 allows the Department to impose an administrative fine against any person who violates the Act or Code. Section 905. Appendix A, Illustration I, Exhibit D. Specifies spacing of the distribution lines for chamber systems. Section 905. Appendix A, Illustration I, Exhibit E. Establishes sizing criteria for the design of chamber systems. Section 905. Appendix A, Illustration J, Exhibit C. Provides a plan view for the typical installation of chamber systems. Section 905. Appendix A, Illustration J, Exhibit D. Provides a section view for the typical installation of chamber systems. Section 905. Appendix A, Illustration X, Exhibit A. Establishes a table with sizing requirements for the installation and design of the Illinois Raised Filter Bed. Section 905. Appendix A, Illustration, X, Exhibit B. Provides a section view of a typical Illinois Raised Filter Bed Aeration Tank. Section 905. Appendix A, Illustration X, Exhibit C. Provides a cross section view of the Illinois Raised Filter Bed installation. Section 905. Appendix A, Illustration X, Exhibit D. Provides a cross section end view of the Illinois Raised Filter Bed installation.

As of March 2006, the State of Illinois was currently revising regulations and the new regulations are expected to become effective in 2007. Onsite wastewater regulations are administered across the state by Illinois Department of Health, Division of Environmental Health. The Department consists of a central office, which oversees six regional offices. The six regional offices oversee within their region the local health departments, which have established delegation agreements with the Department. All regulations apply statewide and can be made more stringent locally if approved by the State.

Performance based codes are not followed for the selection of any technologies. The State of Illinois does have an experimental use permit program for technologies not listed within Illinois state code.

The State does recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual septic dispersal systems. Systems such as multi-residence/cluster systems require a more extensive maintenance agreement; however there is no contract or permit requirement. Some RMEs are being established for these situations. Please contact the Lake County Health Department for more information: http://www.co.lake.il.us/health/. Tony Smithson can provide information on existing management programs currently in operation within the State of Illinois.

Illinois requires onsite professionals to be certified, professionals must have Installer certification as well as Pumper certification. In 2007 a Portable Toilet License will also be required. These certifications are renewed annually. Site evaluations are conducted by licensed Installers before an onsite system is installed. State code allows both percolation tests and soil characterization as part of the site evaluation. Some counties use only soil characterization. Counties with established Health Departments issue permits. There are still two counties without a Health Department where the State carries permit-issuing authority.

A licensed Installer and/or County Inspector performs system inspections upon request from the individual homeowner. Cost for inspection varies within the State of Florida and is noted to be less expensive in the Southern regions.

Permits are issued at the county level if the county has an established Health Department. Permits are tracked within the State for new construction and the repair of an existing system; however, permits may not be tracked for the upgrade or modification of a system depending on the modification. If a major component is upgraded/modified the permit will be tracked; however, if the upgrade/modification is minor (i.e., less than 25% of field addition) the permit will not be tracked. Please contact Mr. Chad Moorman for more information.

Alternative/experimental/innovative technologies do require a different permit than those of standard systems. Please contact Mr. Moorman using the address listed above for more information.

In the State of Illinois, monies from State Revolving Funds (SRF) are not available to assist individual homeowners in: repairing a failing or malfunctioning system, replacing a failing or malfunctioning system, or for new construction of an onsite wastewater treatment system; however, it is expected that monies will become available by 2007.

Three conferences within the State of Illinois are dedicated to Onsite education and training with numerous local and regional training or CEVs classes. These conferences are hosted by: Illinois Environmental Health Association, Illinois Association of Environmental Health Administrators, and OWPI. Demonstrations and/or research is not currently ongoing within the state of Illinois.

INDIANA

Mr. Alan M. Dunn, Program Manager

Or

Mr. Tim Decker, Environmental Manager State Department of Health Division of Sanitary Engineering 2 North Meridian, Section 5-E Indianapolis, Indiana 46204 (317) 233-7179 or (317) 233-7188 (respectively) (317) 233-7047 (fax) [email protected] [email protected]

http://www.in.gov/isdh/regsvcs/saneng/default.htm

Residential Sewage Disposal Systems Rule 410 IAC 6-8.1 December 1990 http://www.in.gov/isdh/regsvcs/saneng/pdf_s/410_IAC_6_8_1.pdf

Commercial Onsite Wastewater Disposal Rule 410 IAC 6-10 July 1, 1996 http://www.in.gov/isdh/regsvcs/saneng/pdf_s/410_iac6_10.pdf

As of June 1, 2006, no new revisions to the regulations were being made. Also, no plans to revise the existing codes/regulations have been made.

Technologies that are not listed within the Indiana Code may be used following Rule 410 IAC 6-8.1- Section 31 (g) allows for the “development of new or more efficient sewage treatment or disposal processes”. Protocols are developed to outline the standards and minimum requirements for the use of “experimental” equipment.

Technologies approved for use in Indiana for onsite wastewater treatment and disposal include: • Conventional—Subsurface aggregate trench systems using gravity flow; alternating fields, flood dose, and pressure distribution; elevated sand mound systems; and aerobic treatment units discharging to an approved absorption field. • Experimental—Subsurface trench systems using chambers and corrugated tubing with a fabric sock, Type 2 modified elevated sand mounds, at-grade systems, subsurface drip irrigation, and packed bed filters using sand and gravel media, textile media, foam cube media, and peat.

Other technologies may be considered under certain circumstances. First, the technology must utilize soil absorption, treatment, and dispersal of the final effluent rather than surface discharge. Second, the manufacturer must submit design standards, operation and maintenance requirements, and data on system performance for review and approval. All onsite wastewater regulations apply statewide and can be made more stringent upon approval by the state.

There are no management programs in the State of Indiana. There are no plans to develop any onsite sewage system management regulations within the next year—there are ongoing program elements to develop more educational outreach information for system owners. Indiana Code grants the authority to counties to form onsite management districts. That authority is not yet reflected in state regulations. That state code does not mandate the formation of management districts, nor does it dictate which types of systems must be managed if a management district is formed.

Indiana requires certifications for Soil Scientists. Currently it is uncertain if this certification has a renewable status. For more information, please contact Mr. Dunn at the above address. Site evaluation includes both the soil profile observation and the site characteristic evaluation to determine system feasibility. The soil profile observation must be performed and documented by a local health department staff or an Indiana Registered Soil Scientist or certified Soil Scientist. The system feasibility for the site is developed by the designer/installer and reviewed by the local health department staff for compliance with the State Rule. For site evaluations a soil characterization is required. The soil description includes:

• The soil evaluated at the site to a depth of 5 ft or until a layer is encountered which cannot be readily penetrated, whichever is shallower, • The soil being described in a direct soil profile observation using the guidelines ser forth in the soil manuals, technical bulletins, and handbooks of the SCS, • Soil characteristics in approximate depths of soil horizons, and • Soil color, structure, and texture at each horizon.

Several other items as outlined in Rule 410 IAC 6-8.1-48. All residential permits are issued at the local health department (LHD) level. LHD may request technical assistance from the Indiana State Department of Health staff on complex or complicated cases but the ISDH will only issue a letter documenting compliance of plan submittal meeting the minimum requirements of the State Rule. The property owner MUST obtain a local permit before they can install the proposed system. Periodic inspections are required by the State for investigating the performance and operation of onsite systems. In some counties, the local health department will provide the inspection. In other counties, the homeowner must contract with a home inspection service or an installer for the inspection. If the local health department conducts the inspection, there is typically no fee. When a homeowner contracts with someone in the private sector, the homeowner must pay the fee associated with the service. Inspectors are not required to be certified by the state. Site evaluations must be conducted before installing onsite systems by a certified soil scientist or the local health department. Most local health departments require the evaluation by the soil scientist. Percolation tests and soil characterization is required as part of the site evaluation. The state will consider third party certification as long as the testing is equivalent to NSF testing.

The permit must come from the local health department –consistent with conventional technologies BUT the plan review must be processed through the state agency until the technology has been delegated to the local level. An experimental system will include state plan review. It will still have local permit issuance. The State of Indiana does not track these permits. Permits are issued for construction of new, the repair of existing, and for the upgrade or modification of onsite systems. Permits issued at the state level are entered into a state database; however, permits from the local level are not tracked. Permits are issued from the local level for the following conditions: for one and two family dwellings using systems permitted in state rule, small commercial systems delegated to the local level, and for experimental systems delegated to the local level. Permits are issued for the state level for the following conditions: for experimental systems not delegated to the local level and for large commercial and small commercial systems not delegated to the local level.

Different permits are required for alternative/experimental/innovative technologies. Permits must be issued by the State department of health for these technologies unless the technology has been delegated to the local level for review and approval.

Currently, there are no funding programs or mechanisms to assist homeowners replacing failing systems or installing new systems, and there are currently no plans to develop such a mechanism. No counties or communities have a revolving loan fund or other financial assistance program for individual homeowners. Contact Mr. Dunn to answer any additional questions.

Onsite wastewater demonstration, research, or testing projects are ongoing in the state. Questions may be directed to:

Mr. Brad Lee, Ph.D. Associate Professor Department of Agronomy Purdue University 1150 Lilly Hall of Life Sciences West Lafayette, Indiana 47907-1150 (765) 496-6884 (765) 496-2926 (fax) [email protected]

Or

Mr. Greg Oliphant, PhD, Environmental Geology Section Indiana Geological Survey 611 North Walnut Grove Bloomington, Indiana 47405 (812) 855-135 [email protected]

Training and Examination for Installers for Certification, Licensure, and Registration has been added by the Indiana Onsite Wastewater Professional’s Association, Inc. (IOWPA). Contact the persons for information regarding this program and enrollment into these classes:

Mr. Todd Trinkle, President PMB #188 133 West Market St. Indianapolis, Indiana 46204-2801 http://www.iowpa.org/

OR for Training for Local Health Department and for Installers contact:

Indiana State Department of Health Mr. Alan M. Dunn, Program Manager Division of Sanitary Engineering 2 North Meridian, Section 5-E Indianapolis, Indiana 46204 (317) 233-7179 (317) 233-7047 (fax) [email protected]

To contact Indiana’s Environmental Health Association:

Mr. Richard Wise, President P.O. Box 457 Indianapolis, Indiana 46206-0457 http://www.iehaind.org/

IOWA

Mr. Brent Parker, Environmental Engineer Senior

Or

Mr. Daniel Olson Iowa Department of Natural Resources 401 SW 7th St., Suite M Des Moines, Iowa 50309-4611 (515) 725-0037 or (515) 725-0346 (respectively) (515) 725-0348 (fax) [email protected] [email protected]

http://www.iowadnr.com/water/septic/index.html

ONSITE WASTEWATER TREATMENT AND DISPOSAL SYSTEMS CHAPTER 69 December 10, 2003 http://www.legis.state.ia.us/Rules/Current/iac/567iac/56769/56769.pdf

The State o Iowa is currently revising regulations; all sections are under revision with expected completion in July, 2007. Please use the above URL for current regulations.

Performance based codes are generally not followed in the state. Discharging systems (i.e., sand filters, peat filters, etc.) require NPDES GP4 and performance sampling. Some circumstances may allow for a technology not listed within Iowa state code to be used and these decisions are made by appropriate county officials.

Management programs/contracts are recognized to monitor and maintain onsite systems or individual septic disposal systems, specifically ATUs. All mechanical systems are currently in regulatory revision to require maintenance/management programs. Contact Mr. Dan Olson using the provided information regarding the existing management programs currently in operation in the State of Iowa.

Iowa does not require onsite professionals to be certified. A County Board of Health designee is responsible for conducting site evaluations before an onsite system is installed. The State of Iowa does require a percolation test or soil evaluation and a drawing of the proposed system as part of the state’s site evaluation process. A County representative must perform the site evaluation and consider setbacks, limiting layer, and other appropriate impact items. Permits are issued by counties up to 1500 gpd. If the onsite system is over 1500 gpd it is considered public and must go through DNR Wastewater Engineering and NPDES.

Permits are issued at the County level. Permits are not tracked within the State of Iowa.

Alternative/experimental/innovative technologies do not require a different permit from that of standard onsite systems.

In Iowa, SRF monies can be used to assist homeowners in the repair of a failing or malfunctioning system and the replacement of a failing or malfunctioning system, however monies are not available for new construction of an onsite wastewater treatment system. Contact Mr. Dan Olson for more information regarding State Revolving Funds using the provided contact information.

Onsite Training Programs are available in the State of Iowa. A new Training Center and Program at Des Moines Area Community College has recently opened. Contact Mr. Brent Parker (above) for more information. Demonstrations and/or research that is currently ongoing within Iowa includes IOWWA Projects and also is planned to join the new Training Center at Des Moines. Please contact Mr. John Bein RS IOWWA (Iowa Onsite Wastewater Association) VP at (505) 286-2267.

KANSAS

Mr. Don Snethen, Chief

Or

Mr. David Gurss Kansas Department of Health and Environment Bureau of Water Non-Point Source Section 1000 S.W. Jackson St., Suite 420 Topeka, Kansas 66612-1237 (785) 296-5567 or (785) 296-1683 (respectively) (785) 296-5509 (fax) [email protected] [email protected]

http://www.kdheks.gov/

Minimum Design Standards for Design, Construction, and Operation of Onsite Wastewater Systems Department of Health and Environment Bulletin 4-2 March 1997 http://www.kdheks.gov/nps/resources/mf2214.pdf

Kansas Administrative Regulations Chapter 28, Article 5: Sewage and Excreta Disposal January 1973 http://www.kdheks.gov/pdf/regs/28-5t9.pdf

Onsite regulations for Kansas were last updated in March 1997. They are not currently under revision, and there are no plans to do so.

The State of Kansas does not follow performance based codes for the selection of any (or all) technologies. For a technology to be used in Kansas, it may be viewed as an “enhanced treatment” technology. “Enhanced treatment technologies are not prohibited in the code. In fact, several are mentioned. Counties have the flexibility to allow “enhanced treatment” technologies but are encouraged to seek technical assistance from state onsite staff on new technologies.

Kansas does not recognize or require management programs/contracts or management districts to monitor and maintain onsite systems or individual liquid waste systems. An operation/maintenance agreement for aerobic tanks is “strongly recommended to ensure system performance”. However, other state regulations and policies require that a sewer district must be created for onsite systems that collect/treat waste from more than one source (home/business/etc.). Local agencies have authority to adopt or require maintenance/management programs through county sanitary codes; the State approves the County codes.

Kansas does not have a licensing/certification program for onsite wastewater professionals, such as installers, designers, inspectors, and site evaluators. Although there is no state licensing requirement, both local sanitarians and private contractors may perform site evaluations/inspections. As part of the site evaluation State code has a loading rate table based on percolation (minutes per inch) but does not require the use of a percolation test or soil profile. A soil profile analysis is highly recommended in the code. The county sanitarian conducts a pre-construction site evaluation in some counties. If an inspection is requested by the homeowner in the State of Kansas, the County sanitarian will conduct the inspection of the system. Most counties charge for the inspection, but some don’t.

Permits for all individual onsite systems less than 2,500 gpd are issued by the counties. In Kansas, the number of permits issued state wide for new construction are tracked and the number of permits for the repair of existing systems will next year (2007). To obtain additional information contact:

Mr. David Gurss KDHE Watershed Management Section 1000 SW Jackson, Suite 420 Topeka, Kansas 66612 (785) 296-1683 [email protected]

Permits for alternative/experimental/innovative technologies are not required at the state level.

There are no funding mechanisms in place at this time in the State of Kansas to assist homeowners to repair a failing or malfunctioning system; replace a failing or malfunctioning system; or for new construction of onsite wastewater treatment systems.

For information relating to onsite training programs available throughout the state of Kansas, please contact:

Mr. Dale Hayse, Executive Director Kansas Small Flows Association [email protected]

For information regarding onsite wastewater demonstration, research, or testing projects in the State of Kansas, questions may be directed to:

Mr. Tim Wagner Sedgwick County [email protected]

Or

Mr. Dan Partridge Reno County [email protected]

KENTUCKY

Mr. Kenneth Spach, Manager

Or

Ms. Angela Billings, Program Administrator Environmental Management Branch Kentucky Department for Public Health 275 East Main Street HS1C-D Frankfort, Kentucky 40621 (502) 564-4856, ext. 3727 or (502) 564-4856, ext. 4120 (respectively) (502) 564-6533 (fax) [email protected] [email protected]

http://www.state.ky.us/

Construction Standards for Components of Onsite Sewage Disposal Systems 902 KAR 10:081

Kentucky Onsite Sewage Disposal Systems Regulation 902 KAR 10:085 Revised August 2002

Onsite regulations for Kentucky were last revised in 2002. Regulations are currently not under revision.

Kentucky codes are not currently performance based but they do utilize performance criteria in approvals of experimental technologies specifically those technologies not listed within our current regulations, such as drip irrigation, peat filters, media filters, alternative media, etc.

For technologies not listed in state code, Kentucky will evaluate them; designate them as experimental; and assign approval parameters, monitoring protocols, installation restrictions, and O&M policies. A limited numbers of installations will then be allowed in variable soil types to gauge viability. The systems will be tracked for three years and then a determination will be made if the technology is approved for use in the state.

State Code recognizes management programs to monitor and maintain onsite systems. All alternative technology systems are only approved with an O&M agreement in place in the county of approval. The county must adopt this O&M ordinance. Kentucky is working to expand their O&M programs. In Kentucky, the local health department Environmentalist/Registered Sanitarian, or a licensed P.E. conducts site evaluations before onsite systems are installed. The state requires onsite professionals to be certified. The local health department Environmentalist must be a Registered Sanitarian; obtain a certification of completion of a special Soils Class from the University of Kentucky; and complete and pass testing in Phase I, Phase II, and Full Certification Classes in Onsite Sewage to become a Certified Onsite Sewage Disposal Inspector. A Registered Sanitarian license is renewable upon completion of 10 CEUs per year. Onsite Sewage Disposal System Installers are required to be certified (initial testing process) and complete 6 CEUs per year for license renewal. The Onsite Sewage Disposal Inspector certification is permanent once obtained. The State Environmental Management Branch provides certification training and CEUs for inspectors and installers.

Local health department Environmentalists conduct inspections requested by homeowners. The cost for an inspection varies by county.

Kentucky does not utilize percolation tests. A site evaluation is required that takes into account: slope, landscape position; soil texture and group; soil structure; internal soil drainage; soil depth; restrictive horizons; and available space. Site evaluations are accomplished through field investigations and evaluation of soil borings through 3 inch core samples or backhoe pits to a depth of at least 42 inches. Soil morphology is required in this process.

Onsite systems permits are issued at the local level. Experimental affidavits and O&M requirements are attached to permits requesting the use of alternative/experimental/innovative technologies.

Accordingly, State Revolving Funds (SRFs) cannot be used to assist individual homeowners to repair a failing or malfunctioning system; replace a failing or malfunctioning system; or for new construction.

Specific onsite wastewater demonstration, research, or testing projects are ongoing in the State. Questions may be directed to:

The Preston Project, Bath County Mike Mattox, Gateway District Health Department (606) 674-6396

Kentucky Onsite Wastewater Association PO Box 253 Springfield, KY 40069 (859) 336-0896

LOUISIANA

Mr. Mike Vidrine Louisiana Department of Health and Hospitals 6867 Bluebonnet Boulevard Baton Rouge, Louisiana 70810 (225) 763-5774 (225) 763-5552 (fax) [email protected]

Part 13 of Title 51 of the Louisiana State Administrative Code January 1999

Louisiana onsite wastewater regulations can be accessed online: http://www.state.la.us/osr/lac/51v01/51v01.pdf (Part 13)

Onsite regulations for Louisiana were last revised November 20, 2000. Regulations are currently not under revision, and there are no plans to do so prior to May 31, 2005

All onsite wastewater regulations apply statewide and may be more stringent at the local level if approved by the State.

Technologies not listed in the current State Code may be allowed; they must be introduced as a new technology, and experimental systems could be installed and monitored.

Codes do allow for drainfield area/size reductions. The reduction is based on water holding capacity and soil contact surface.

The State does require perpetual maintenance on mechanical systems that have surface discharge.

Currently, there are no onsite wastewater demonstration, research, or testing projects ongoing in the State.

The Office of Public Health provides the onsite wastewater training that is offered to the installers and service providers that are licensed in Louisiana. Louisiana Code does not require management programs/contracts to monitor and maintain onsite systems or individual septic disposal systems, and there are no plans to develop such programs within the next year.

In Louisiana, a failed system is one that is not meeting the requirements set forth in the Louisiana State Sanitary Code (Part 13). Lack of proper maintenance, poor installations, and lack of homeowner education are cited as the most common reasons for system failure in the state. If a system is an aerobic treatment unit (ATU), the most common system installed in Louisiana, then it is pumped out, and a maintenance contract is obtained from a state licensed maintenance provider.

The State does not provide funding or financing options for individual homeowners for the repair, replacement, or new construction of onsite wastewater nor is there any knowledge of a SRF or other financial assistance programs for individual homeowners.

Louisiana has a pre-sale inspection protocol for onsite wastewater systems during property transfers. The seller of the home will contact their local parish office. The parish office will check if the system in question was ever permitted and if so will check to see what type of system was installed. If no permit is found, then the system will have to be replaced with a permitable system. These steps are done before closing. The Department of Health generates a letter that is presented at closing.

Regular inspections are not required by the State for investigating the performance and operation of onsite systems after initial construction. If an inspection is requested by the homeowner, a licensed installer/maintenance provider and a sanitarian perform the inspection. Inspectors must be certified by the state board of sanitarians.

Parish Sanitarians are responsible for conducting a site evaluation before an onsite system is installed. There is a $100.00 fee for the initial inspection.

Percolation tests or soil characterization is required as part of the site evaluation. Permits are issued, and kept track of, at the local level for new construction, repair of existing systems and upgrade or modification. Different permits are not required for alternative/experimental/innovative technologies. An experimental permit is limited in the number of installations, (3 per year), and have to be evaluated every 3 months for 3 years before acceptance in the state. The state of Louisiana will not consider third party consideration for approval of alternative/experimental systems. ANSI/NSF certification is required.

There are no programs in the state that offer homeowners insurance policies for their onsite treatment systems.

The State does not require the use of septic tank effluent filters for onsite wastewater treatment systems.

The minimum lot size allowed for placement and use of an onsite wastewater treatment system for public water is 12,000 square feet with minimum 60 foot frontage in parishes with ordinances. For parishes without ordinances, the minimum lot size allowed is 22,500 square feet with 125 foot frontage. These requirements are for systems without public water as well. However, there are exceptions to this rule. If a lot is in a substantially developed area and the small lot is land locked, if the development of the lot does not appear to be a potently hazardous situations with the caveat that if it does cause a problem than a alternate system will be utilized.

Minimum setback/separation distances include: Septic Tank Drainfield • Dwelling/structure - 50’ 50’ • Well-private well - 50’ 50’ • Surface water - 30’ 30’ • Property lines - 10’ 10’ • Seasonal high water table/limiting layer - - 24” • Wetlands - - -

MAINE

Mr. Russell G. Martin, Program Director Maine Bureau of Health Division of Health Engineering 10 State House Station Augusta, Maine 04333-0010 (207) 287-4735 (207) 287-3165 (fax) [email protected]

http://www.maine.gov/dhhs/eng/plumb/index.htm

Maine Subsurface Wastewater Disposal Rules 144A CMR 241 August 1, 2005 http://www.maine.gov/sos/cec/rules/10/144/144c241.doc

Current rules in the State of Maine were last updated on August 1, 2005. Revisions to 144 CMR 245 Rules for Site Evaluators of Subsurface Wastewater Disposal Systems are currently under consideration. Estimated effective date should be June 1, 2006.

The Rules are entirely prescriptive in nature for the State of Maine. Circumstances which may allow for a technology not listed within state code to be used can be found under Chapter 18 – Experimental Technology & Product Registration Requests.

In the State of Maine, management programs/contracts or management districts to monitor and maintain onsite systems or individual septic dispersal systems are not recognized. Within the State, the concept may be considered by a Task Force in the coming year.

Onsite professionals are required to be certified in the State of Maine. Those onsite professionals include Site Evaluators, Installers, Inspectors, and Local Plumbing Inspectors. Installers and Inspectors have a voluntary certification renewable every 5 years. Site evaluators have renewable license every 2 years and Local Plumbing Inspectors have a mandatory certification renewable every 5 years.

The State requires soil characterization as part of the site evaluation. A licensed Site Evaluator evaluates site conditions and matches soil conditions to a hydraulic loading rate set by Rule. System design is prepared in accordance with Rule requirements. In the state of Maine a Licensed Site Evaluator – Private Consultant hired by a property owner or agent is responsible for conducting site evaluations before an onsite system is installed. If an inspection is requested by the homeowner, a Voluntary Certified Inspector – Private Consultant will be hired to complete the inspection, usually with a fee in $250-$350 range.

In Maine, conventional, advanced treatment, and experimental technologies are approved for use for onsite wastewater treatment and dispersal. Other technologies may be allowed in accordance with Chapter 18 of the Code, Experimental Technology and Product Registration Requests.

Maine State Code does not require regular inspections for investigating the performance and operation of onsite systems after initial construction. If an inspection is requested by the homeowner, it is performed by a private consultant with a cost in the range of $250– $350. Site evaluations are conducted by licensed site evaluators, licensed by the State through qualifications and examination. A percolation test and soil characterization is required as part of the site evaluation.

A permit for the construction, upgrade, or modification of an onsite system is issued by the State. The State of Maine keeps track of all permits issued. The decision is made by a local plumbing inspector as to whether a permit is needed for the repair of an existing system. Different permits are not required for alternative/experimental/innovative technologies. Permits are issued by a municipal employee (Local Plumbing Inspector) at the local level. This person is certified at the State level. Third party certification (i.e. Canadian Standards Association, CSA) are considered. For information concerning permit statistics contact Mr. Russell G. Martin, PE (above). This data has recently been converted to Oracle.

Funding is available to assist homeowners replacing failing systems but not for repair of a failing system or for new construction. Those interested in the program should contact:

Mr. Richard Green, Senior Environmental Engineer Maine Dept. of Environmental Protection 17 State House Station Augusta, Maine 04333-0017 (207) 287-7765 [email protected]

Currently, there are no counties or communities within the state that have a revolving loan fund or any other financial assistance programs for individual homeowners.

Onsite training programs are coordinated by the Joint Environmental Training Coordinating Committee. Persons interested in these programs should contact Ms. Leann Hanson by calling (207) 253-8020 or email at [email protected]

Currently, there are no known onsite wastewater demonstration, research, or testing projects ongoing in the state. MARYLAND

Mr. Don Hammerlund Onsite Systems Division Water Management Administration Maryland Department of the Environment 1800 Washington Blvd Baltimore, Maryland 21230 (410) 537-3790 (410) 537-3163 (fax) [email protected]

http://www.mde.state.md.us/

Sewage Disposal and Certain Water Systems for Homes and Other Establishments in the Counties of Maryland Where a Public Sewage System Is Not Available Title 26, Subtitle 04, Chapter 02 October 26, 1992 http://www.dsd.state.md.us/comar/subtitle_chapters/26_Chapters.htm#Subtitle04

Water Supply and Sewerage Systems in the Subdivision of Land in Maryland Title 26, Subtitle 04, Chapter 03 October 26, 1992 http://www.dsd.state.md.us/comar/subtitle_chapters/26_Chapters.htm#Subtitle04

Design and Construction Manual for Sand Mound Systems June 1991

The last revision to Maryland onsite regulations occurred June 1991 and October 1992. As of June 1, 2006, the current regulations were not under revision. Proposed revisions include establishing standards for septic tank construction; elimination of the use of seepage pits; and elimination of different soil loading rates for residential versus commercial wastewater systems. It is unknown at this time if these proposed revisions will be implemented.

The State of Maryland follows performance based codes for systems greater than 5,000 gpd for onsite sewage dispersal. For circumstances where a technology is not listed in code to be used, “any non-conventional treatment and/or disposal system” can be considered. However each proposal is evaluated from various standpoints, such as: 1) how complex is it; 2) does the approving authority have sufficient manpower to review plans, oversee construction, monitor performance; and 3) can the data acquired be applied to other sites within the State. The State of Maryland recognizes the use of management programs/contracts to monitor and maintain those non-conventional systems which require specialized operation or extensive maintenance. Generally, the manufacturer or supplier of that treatment unit provides the “management”.

Periodic inspections are required by the state for investigating the performance and operation of onsite systems but not statewide. For example, areas adjacent to shellfish harvesting waters would be required to be inspected. State Code does not require regular inspections to investigate the performance and operation of onsite systems after initial construction. If an inspection is requested by the homeowner, it is usually performed by someone in the private sector (certified consultant), with a cost. Site evaluations are conducted, in most cases, by the County Health Department. In several jurisdictions private consultants can perform the evaluation with health department oversight. Percolation test and soil characterization is required as part of site evaluation

Permits for onsite systems are issued at the local level for individual and small systems. Larger systems (>5,000gpd) are issued at the state level. The state does not record the number of permits issued for new construction, repair of existing systems or upgrade or modification. Different permits are not required for all alternative/experimental/ innovative technologies.

It is not known at this time if monies from State Revolving Funds can be used in the State of Maryland to assist homeowners to repair or replace a failing or malfunctioning systems or for new construction.

For information about onsite wastewater demonstration, research, or testing projects, please contact: Mr. Rich Piluk, Ann Arundel County Health Department at (410) 222- 7219. Onsite training programs are available throughout the State of Maryland, please contact:

Maryland Center for Environmental Training (MCET) College of Southern Maryland PO Box 910 La Plata, Maryland 20646-0910 MASSACHUSETTS

Mr. David Ferris, Program Director Watershed Permitting Massachusetts Department of Environmental Protection One Winter Street Boston, MA 02108 Ph. (617) 654-6514 Fax (617) 292-5696 [email protected]

http://www.mass.gov/dep/water/wastewat.htm

The State Environmental Code Title 5: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage 310 CMR 15.00 April 21, 2006 http://www.mass.gov/dep/service/regulations/310cmr15.pdf

Title 5 Q & A: General Information April 21, 2006 http://www.mass.gov/dep/water/wastewater/t5regsum.pdf

As of March 2006 regulations for the State of Massachusetts were under revision and expected to be in effect in April 2006.

A complete list of technologies approved for use in Massachusetts, including the date of approval, is provided on the Web site (above). Innovative technology proponents must submit applications in accordance with 310 CMR 15.280-289 Performance based codes are followed for recirculating sand filters or equivalent alternative technology. Under circumstances where a technology not listed within Massachusetts’ code is desired, a site specific pilot must be approved by the Department.

In Massachusetts, all alternative systems must have maintenance contracts. The State is also trying to interest communities and counties in forming management districts. Management programs are currently in operation in Massachusetts, please contact the Barnstable County Health Department for more information on these programs.

Site evaluations are conducted by Professional Engineers and Registered Sanitarians prior to an onsite system being installed. The designer of the onsite system is responsible for conducting the site evaluation. Both percolation tests and soil characterization are required as part of the site evaluation. Permits are issued mainly at the local level while the State can become involved for variances and where certain innovative systems are desired.

A Title 5 Inspector performs inspections upon request of the individual homeowner. Cost of the inspection varies.

Permits are issued at the local level. Permits are not tracked within the state for: new construction, repair of existing system, or an upgrade or modification to an existing system.

Alternative/experimental/innovative technologies are permitted and do require a different permit compared to those for standard systems.

In Massachusetts, SRF monies can be used to assist homeowners for: the repair of a failing or malfunctioning system, the replacement of a failing or malfunctioning system, or the new construction of an onsite wastewater treatment system.

Onsite Training Programs are available in Massachusetts. Please contact Tom Groves of NEInterstate. Demonstrations and/or research that is currently ongoing within the State can be found by contacting George Heufelder.

MICHIGAN

Mr. Sean Nalepka Michigan Department of Environmental Quality Environmental Health Section 525 West Allegan Lansing, Michigan 48909 (517) 241-4687 (517) 241-1328 (fax) [email protected]

http://www.michigan.gov/deq

The State of Michigan does not have a State-wide Regulatory Statute for Onsite Wastewater Systems. For information regarding onsite wastewater systems, please contact the individuals listed above.

Those technologies approved for use in Michigan for onsite wastewater treatment and disposal include conventional systems, mounds, sand filters, aerobic systems, textile filters, foam cube filters, constructed wetlands, chamber systems, and lagoons. There are no statewide criteria to allow any technology not listed above; single- and two-family systems are at the discretion of local health departments. For other than single- and two- family dwellings, public and/or industrial/commercial systems discharging <10,000 gpd to a subsurface dispersal system may be considered for a variance or pursue the option of a formal groundwater discharge permit from the Department.

Per State administrative rules, all public and/or industrial/commercial systems are required to be operated by a properly certified operator and reported to MDEQ. Agreements required by local governing bodies for small public community systems not owned by the governing body may also dictate O&M requirements. MDEQ, however, does not currently provide adequate regulatory oversight, especially for small systems.

State required maintenance/management programs are being discussed. Available resources are a continuing stumbling block.

The State does not require regular performance and operation inspections of onsite systems after initial construction, but a number of local health departments have required maintenance contracts for certain types of alternative systems. If a homeowner requests an inspection, where programs are in place, inspections are typically provided by the local health department staff or by inspectors certified by the local health department.

The State does not require onsite professionals to be certified. The State Agency tracks permits for new construction and repair of existing systems; however, permits for upgrades or modifications are not tracked. For more information please contact:

Mr. Ric Filardeau, P.E., Chief Onsite Wastewater Unit Michigan Department of Environmental Quality 525 West Allegan Lansing, Michigan 48909 (517) 241-1345 (517) 241-1328 (fax) [email protected]

No funding program or mechanism exists in the state to assist homeowners replacing failing systems or installing new systems, and there are no plans to develop such a mechanism within the next year.

At this time, there are no currently active onsite wastewater demonstration, research, or testing projects in Michigan.

MINNESOTA

Mr. Mark Wespetal, P.S.S., Hydrologist

Or

Ms. Gretchen Sabel, and Mr. Bill D. Priebe Minnesota Pollution Control Agency Policy and Planning Division 520 Lafayette Road North St. Paul, Minnesota 55455-4194 (651) 296-9322 (615) 296 –7773 or (615) 282-9884 (respectively) (651) 297-8676 (fax) [email protected] [email protected] [email protected]

http://www.pca.state.mn.us/index.cfm

Minnesota Rules Chapter 7080 Individual Sewage Treatment System Program September 23, 2003 http://www.pca.state.mn.us/programs/ists/index.html

As of June 1, 2006 regulations for the State of Minnesota were last revised September 23, 2003. Currently, the entire code is being revised. Planned effective date will be late calendar year 2006.

The State of Minnesota will be instituting a product registration process that will help local regulators use treatment technologies and proprietary drainfield media. This will greatly enhance their ability to develop performance (versus prescriptive) systems. For information regarding circumstances which may allow for a technology not listed within your state code to be used please contact Ms. Barb McCarthy at 218-723-4710 for more information.

The State of Minnesota does recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual septic dispersal systems. The State requires operating permits for performance systems. More information is available at: http://www.pca.state.mn.us/programs/ists/index.html . (This will expand in the coming rule change.) For information on existing management programs currently in operation in the State of Minnesota, please contact:

Otter Tail Sanitary District Mr. Rollie Man – (218) 364-2250

Connexus Energy Mr. Rod Morton – (763) 323-2600

Crow Wing Sanitary Management District (newly established, will cover entire county) Mr. Chuck Kauppi – (218) 824-1125

There are many smaller subordinate service districts in the state. Most require operating permits. Examples of some known are: Cass County (contact Mr. Brent Rud – (218) 547-7256), Scott County (contact Mr. Al Frechette – (952) 496-8475), St. Louis (Mr. Dale Schroeder – (218) 725-5200), Rice County (Ms. Marilee DeGroot – (507) 332- 6170), and Aitkin County (Mr. Terry Neff – (218) 927-7342).

MPCA has permitted large subsurface treatment systems and all have some type of management. The State can provide a list upon request, please contact Ms. Sabel at the above address.

The State of Minnesota requires onsite professionals to be certified. Minnesota currently has four areas of certification: design, installation, inspection and pumping. The coming rule change will add “maintainer”. More information is available at: http://www.pca.state.mn.us/programs/ists/index.html .

These certifications are renewable on a three-year basis. More information is available at: http://www.pca.state.mn.us/programs/ists/index.html .

If an inspection is requested by the homeowner, a Registered Inspector will conduct the inspection for a fee. For site evaluations, soil characterization is a critical design element in Minnesota. The State does not require percolation tests. More information is available at: http://www.pca.state.mn.us/programs/ists/index.html .

A registered designer does site evaluations and then designs the system for the site. More information is available at: http://www.pca.state.mn.us/programs/ists/index.html .

Permits for all onsite systems with flow less than 10,000 gallons/day are issued by local units of government. MPCA issues permits for large systems. More information is available at: http://www.pca.state.mn.us/programs/ists/index.html .

The State Agency does not keep track of the number of permits issued state wide for: new construction, repair of existing system, or upgrade or modification. This information is kept with the local regulators. They file annual reports with MPCA, which are available upon request. At this time different permits are not required for alternative/experimental/innovative technologies?

In the State of Minnesota, monies from State Revolving Funds (SRF) can be used to assist individual homeowners to:

. Repair a failing or malfunctioning system; . Replacement of failing or malfunctioning system or for; . New construction of onsite wastewater treatment systems;

For information regarding those funding or financing options, please contact:

Mr. Bill Dunn – (651) 282-2663

For information regarding onsite training programs, demonstration, research, or testing projects available in the State of Minnesota, please contact:

University of Minnesota http://septic.coafes.umn.edu/Events/index.html

MISSISSIPPI

Mr. Jim Weston

Or

Mr. Eugene Herring, Wastewater Program Specialist Mississippi State Department of Health PO Box 1700, 0-300 Jackson, Mississippi 39215-1700 (601) 576-7695 (601) 576-7632 (fax) [email protected] [email protected]

http://www.msdh.state.ms.us/

Individual Onsite Wastewater Disposal Regulation 2.0 January 11, 2006 http://www.msdh.state.ms.us/msdhsite/_static/30,0,78,60.html

As of June 1, 2006 the State Regulations for Mississippi were last updated on January 11, 2006. The State is considering revising the regulations governing experimental and innovative protocols. There is no set date for this revision. Recent changes to the regulations dealt with spray irrigation, changes to setback distances and added soil wetness, and the NRCS handbook to the regulations.

Currently, the State does not follow performance based codes. New innovative technologies can be used under an experimental or research protocol. Under this protocol, the manufacturer submits information on the system to the Department of Health. The information is reviewed, and once approved, the manufacturer is allowed to install 100 systems. The manufacturer signs a contract that they will replace the systems with an approved technology. If the system functions properly, then the system may be approved. Currently, the Wastewater Advisory Committee is suggesting revisions to the regulations because of concerns related to limiting technologies in the State. For more information, contact Mr. Weston at the address listed above.

Mississippi code does not recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual liquid waste systems. Local agencies do not have authority to adopt or require maintenance/management programs. The State has a licensing/certification program for installers and inspectors of onsite wastewater treatment/dispersal systems. In Mississippi, the county environmentalist and licensed professional engineers are licensed/certified to perform site evaluations/inspections at no additional cost if an inspection is requested by the homeowner. The current wastewater law does not require an approval or final inspection of new systems in the state. Only those installations for which the property owner makes a request are inspections and/or approval conducted. For site evaluations, a soil evaluation is required. A soil test hole is dug to a depth of 5 feet or until a restrictive horizon is reached. The wastewater effluent must be 24” above the high water table without restriction and at a minimum of 12” with restrictions.

The number of permits issued annually for new construction or system repair or replacement is tracked in the State of Mississippi. For more information, please contact Mr. Weston at the address listed above. Different permits for alternative, experimental, and innovative technologies are required in the State of Mississippi under the experimental protocol.

No funding program exists to assist homeowners replacing failing systems or installing new systems. There are no plans to develop such a mechanism.

There is a demonstration project (repair of failing onsite wastewater systems) in the state. For more information, including training program questions, contact Mr. Weston (above). MISSOURI

Mr. Percy Johnson, EPHS IV

Or

Mr. James Gaughan, Environmental Engineer Missouri Department of Health and Senior Services PO Box 570 930 Wildwood Drive Jefferson City, Missouri 65102-0570 (573) 751-6095 (573) 526-7377 (fax) [email protected] [email protected]

http://www.dnr.mo.gov/

Missouri Laws for Onsite Disposal Systems August 28, 2005 http://www.sos.mo.gov/adrules/csr/previous/19csr/19csr0102/19c20-3b.pdf

http://www.moga.mo.gov/STATUTES/C701.HTM

Department of Health and Senior Services Rules Governing Onsite Sewage Systems 19 CSR 20-3.060 Minimum Construction Standards for Onsite Sewage Disposal Systems January, 1996

19 CSR 20-3.070 Inspection of Existing Onsite Sewage Disposal Systems Requested by the Lending Institution January, 1996

19 CSR 20-3.080 Description of Persons Qualified to Perform Percolation Tests, Soils Morphology Examinations in Determining Soil Properties for Onsite Sewage Disposal Systems and Installations of Onsite Wastewater Treatment Systems, February, 2005

Regulations for the state of Missouri for flows less than 3,000gpd can be accessed online: http://www.sos.mo.gov/adrules/csr/previous/19csr/19csr0102/19c20-3b.pdf

Regulations for the state of Missouri for flows greater than 3,000gpd can be accessed online: http://www.moga.mo.gov/STATUTES/C701.HTM Regulations in the State of Missouri were last updated August 28, 2005. Currently there are no regulatory revisions occurring.

In the State of Missouri, a technology not listed within the State code can be used under Subsection (6)(K) of 19 CSR 20-3.060 that allows use of other technologies when engineering reports show a system will perform adequately to protect health and the environment.

The State of Missouri does not recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual septic dispersal systems. Although not required by code, maintenance/management contracts are sometimes required as a condition for variance approval. The State does not have any plans to develop such maintenance/management programs within the next year. For information on existing management programs currently in operation, please contact:

Mr. David Casselleto Ozark Clean Water Co. PO Box 606 2 Kissee Ave Kimberling City, Missouri 65686 (417) 739-4100 (417) 739-9889 (fax) [email protected]

Onsite professionals are required to be certified in the State of Missouri. Those certifications that are required are for: installers, soil evaluators, private onsite system inspectors (time of sale), and percolation testers. These certifications are renewable every three years. In the State of Missouri, a site/soil evaluation must be done by a registered percolation tester or onsite soil evaluator. In addition, the local administrative authority (DHSS in a few counties) must evaluate the site and the system layout before a construction permit is issued. A percentage of completed systems are inspected by the same authority. If an inspection is requested by the homeowner, except for inspections of permitted construction or repairs, licensed private individuals conduct system inspections, generally related to real estate sales. The licensed individual sets inspection fees. In the State of Missouri, a percolation test or soil characterization for the site evaluation is required. Soil Morphology evaluations are preferred. Registered individuals describe one or more soil profiles and evaluate the area including: topography and landscape position, texture, structure, drainage, thickness, restrictive horizons and available space. The suitability of the site/soil is classified for a conventional onsite system. Conventional and alternative system soil loading rates are assigned by horizon. The use of percolation tests is discouraged. Efforts have been made to phase out the use of percolation tests, and they are not accepted in some counties.

In the State of Missouri, 103 of 114 counties and a few municipalities issue permits at the local level. The state directly permits systems in the other 11 counties and tracks permits that are issued in 52 of 114 counties. The local authority is subject to change. Different permits are not required for alternative/experimental/innovative technologies within the State. The State does not keep track of the number of permits issued state wide for: . New construction . Repair of existing system . Upgrade or modification

To obtain additional information please contact Mr. Gaughn at the address listed above.

The State does not currently offer any funding or financing options for individual homeowners. A financial assistance program is being piloted by the Missouri Department of Natural Resources (DNR), in conjunction with the State Revolving Fund (SRF). Pilot projects to provide this type of funding have been discussed; however, currently none have been implemented. For more information, contact:

Ms. Carrie M. Schulte Chief Coordinator, Nonpoint Source Pollution Prevention Loans Missouri Department of Natural Resources PO Box 176 Jefferson City, Missouri 65102-0176 (573) 526-8403 (573) 751-9396 (fax) [email protected]

There are onsite wastewater demonstration, research, and testing programs ongoing in the state. For more information on: Installer Registration Courses, Onsite Wastewater System Inspectors/Evaluators, Continuing Education Units for onsite professionals, please contact:

Environmental Regulation and Licensure Unit 930 Wildwood PO Box 570 Jefferson City, Missouri 65102 (537) 751-6095 (573) 526-7377 (fax)

Ms. Janet Murray Missouri Small flows Organization 930 Wildwood PO Box 570 Jefferson City, Missouri 65102 (537) 751-6095 (573) 526-7377 (fax)

For information on Table Rock Lake National Community Onsite Wastewater Demonstration Project, contact:

Mr. John Murphy Senior Project Engineer Community Environmental Center Washington University Campus Box 1150 St. Louis, Missouri 63130 (314) 935-5157 [email protected]

Mr. Steve Kilbreath, Subdivision Section Supervisor Montana Department of Environmental Quality Permitting and Compliance Division PO Box 200901 Helena, Montana 59620-0901 (406) 444-4400 (406) 444-1374 (fax) [email protected]

http://www.deq.state.mt.us/

ARM 17.36 Subchapter 3 various effective dates Circular DEQ 4 2004 Edition http://www.deq.mt.gov/wqinfo/Sub/Index.asp

Montana Regulations were last updated in 2004. As of June 1, 2006 revisions were being made to Montana regulations, and should be available in late 2006.

For certain technologies, the State of Montana requires performance based standards. These technologies include: Recirculating trickling filters (RTFs), RSFs, ISFs – these are assigned a nutrient reduction factor and have to have some level of monitoring. The RTF’s needs maintenance contracts in addition to the monitoring. For a technology not listed within the state code to be used, please refer Chapter 22 in DEQ-4, which covers experimental systems.

Onsite wastewater regulations are administered locally through county health departments through septic permits. Wastewater regulations are administered at the state level for subdivisions – parcels less than 20 acres, condominiums, mobile home and recreational vehicle parks. All rules apply statewide and may become more stringent on the local level without the state’s approval.

Technologies are specified in Circular DEQ 4. DEQ does have performance-based standards to classify treatment system as meeting level 2 nitrogen removal. Level 2 nitrogen removal enables reduction in drainfield size and an increase in allowable nitrogen in groundwater mixing zones. State Code allows for drainfield area/size reductions based on loading and treatment. Pressure dosing, chambers, and sand filters are considered for drainfield reduction (see DEQ-4, filters, chambers, etc.).

No regularly scheduled training programs exist in the State of Montana. However, DEQ Subdivision Program conducts workshops for subdivision review if requested by local health departments. Workshops may include discussion of wastewater treatment systems. For information regarding this program contact:

Mr. Eugene Pizzini, President Montana Environmental Health Association (406) 444-3425

Montana Code requires user agreements and Operation and Management (O&M) plans for shared and multiple user systems. The State will be adding a requirement for O&M to DEQ-4 for some systems. Non-municipal “public” wastewater treatment systems (public is defined by 15 or more connections or 25 or more people) are managed by Water and Wastewater Districts, water user’s association or homeowner’s associations. Perpetual maintenance on mechanical systems that have surface discharge is required in Montana. Owners/operators must provide an operation and maintenance manual for approval of the system by DEQ.

Montana has a site evaluation process required by rule for new subdivision lots that includes soils descriptions, depth to seasonal water, depth to bedrock, slope, setbacks issues etc. All the counties have their own site evaluation criteria but they would follow the same basic format. Montana is moving away from percolation tests and getting only into soils based sizing. They are struggling with the standardization of soils information. Look for us to get into soils certification soon. Periodic inspections are required by the state for investigating the performance and operation of some systems. Installers, designers, consultants, or the county health department must perform any inspection requested by a homeowner. Some counties require inspectors to be certified. County health departments and private contractors or consultants conduct site evaluations before onsite systems are installed or approved.

Permits are issued for on-site systems at the local level unless that system discharges 5,000 gallons per day or more, then a Montana NPDES permit is required. Permits are issued for new construction, repair of an existing system, and upgrade or modification of systems. Agencies, however, do not keep track of permits issued. There are some variances in permits issued for alternative/experimental systems. These permits depend on county function, from county to county, requiring variances in county health regulations. Percolation and soil characterization are required as part of the site evaluation. The State will consider third party certification other than NSF International testing for approval of alternative/experimental systems; requirements for approval of these systems are defined in Circular DEQ 4. For more information on permits, please contact Mr. Kilbreath at the address listed above.

The only financial assistance programs available of any kind are economic development funds that must be applied for locally. There have been no changes in the State Revolving Funds (SRF) to assist individual homeowners in the repair of a failing or malfunctioning system, replacement of failing or malfunctioning system, or new construction of onsite wastewater treatment systems.

Information about ongoing onsite wastewater demonstration, research, or testing projects may be obtained from the contact information above.

NEBRASKA

Mr. Gary Buttermore, Supervisor, Onsite Wastewater Unit

Or

Mr. Richard K. Hoopes, P.E. Nebraska Department of Environmental Quality 1200 “N” Street, Suite 400 PO Box 98922 Lincoln, Nebraska 68509-8922 (402) 471-2589 (402) 471-2909 (fax) [email protected] [email protected]

http://www.deq.state.ne.us/

Title 124 – Rules and Regulations for the Design, Operation and Maintenance of Onsite Wastewater Treatment Systems, Effective December, 2003 Onsite regulations for the state of Nebraska can be accessed online at the link listed above, and by performing the following: (click on “Rules and Regulations,” then Title 124”)

As of June 1, 2006, regulations for the state of Nebraska primary changes contemplated are to add endorsements to allow for certified installers to install mound systems under the “authorization by rule” provision and to allow certified professionals to use soil characteristics for onsite wastewater system design. Current regulations require a NDEQ approved permit for mound systems (requires engineer designed plans) and mandate percolation testing for all systems with drainfields. Our target effective date is to propose amendments to the Environmental Quality Council at the December 2006 meeting. If changes are proposed and approved then, the changes could be effective in early 2007.

With regards to performance based standards, Title 124 allows certified professionals to design and install systems meeting the prescribed requirements under the “authorization by rule”. If these requirements can’t be met, then a permit application is required and a registered professional engineer must design the system and prepare the application documents. Any alternative/experimental systems would require a construction permit for NDEQ. To apply for a construction permit, the system must be designed by a professional engineer licensed to practice in the state of Nebraska. Systems conforming to prescriptive rules are authorized by rule. Nebraska Code does not recognize management programs or districts to monitor and maintain onsite systems or individual liquid waste systems, and there are no plans to develop such programs. The state does require perpetual maintenance on mechanical systems. The state requires operation in accordance with approved operation and maintenance manuals for those systems that are required to have them. There are no requirements to have a maintenance contract with a provider.

Anyone doing work related to the onsite system is required to be certified by exam. The certification categories are Master/Journeyman Installer, Master/Journeyman Pumper, Inspector, and Soil Evaluator. The Certified Installer, Professional Engineer, or Registered Environmental Health Specialist that will design the system. The master and journeyman exams are the same – differences between the master and journeyman are in the fees and the requirement that a journeyman must be supervised by either a master in the same category, Nebraska registered engineer, or registered environmental health specialist. Certification is for a fixed two-year cycle – the current cycle runs from January 1, 2006 through December 31, 2007. So a certification issued in 2007 is somewhat limited, as it will also expire December 31, 2007. The certification is renewable by obtaining 12 professional development hours (i.e. continuing education) and submitting the renewal application with the appropriate fee. A certification thus renewed will be good for the next two-year cycle (January 2008 through December 2009). Percolation tests are currently required. We are working to add soil characterization as an endorsement option as noted above. This will require a change to the Title 124 regulations. If an inspection is requested by the homeowner an employee from the Nebraska Health & Human Services System, Regulation & Licensure has a well and onsite wastewater inspection program available for a fee of $100. Onsite inspectors must be certified by the Nebraska Department of Environmental Quality, unless they are a professional engineer or a registered environmental health specialist. The state will consider third party certification.

Permits are required from state and local governments in some instances as a few local governments have their own inspection and permit program, which is separate from the state permit requirement. The local inspection or permit does not act as a substitute or replacement for any state required permit. If a permit is required under Title 124, then an application must be made to the NDEQ. In any event, all onsite systems once constructed are required to be registered with the state whether there is a local requirement or not and the registration is a separate requirement from any permit. Numbers of permits for new construction and upgrade or modification are not kept tracked of, however repair permits are tracked. Contact Gary Buttermore (above) for more information.

Currently, there is no state-provided funding or financing options for individual homeowners in Nebraska.

For more information on the current onsite wastewater demonstration, research, or testing projects ongoing in Nebraska contact:

Dr. Wayne Woldt University of Nebraska 253 LW Chase Hall Lincoln, Nebraska 68583 (402) 472-8656 [email protected]

For information regarding training programs available throughout the state of Nebraska please contact:

Ms. Jan Hygnstrom Nebraska Onsite Wastewater Association Biological Systems Engineering Mr. Lee Orton, Executive Director University of Nebraska, Lincoln 1233 Lincoln Mall, Suite 201 247 LW Chase Hall, Lincoln, Nebraska 68583 (402) 476-0162 (402) 472-9614 (402) 476-2469 (fax) (402) 472-6338 (fax)

To contact Nebraska’s environmental health organization:

Ms. Liz Devney, President (402) 444-6886 [email protected]

NEVADA

Mr. Joe Pollock State of Department of Human Resources Health Division Bureau of Health Protection Services 1179 Fairview Drive, Suite 104 Carson City, Nevada 89710-5405 (775) 687-4750 (775) 687-5751 (fax) [email protected]

http://health2k.state.nv.us/BHPS/

Regulations Governing Individual Sewage Disposal Systems Chapter 444 March 25, 1999 http://health2k.state.nv.us/BHPS/phe/sewage/septind.htm

Nevada onsite regulations were last updated in 1999. Current revisions are expected to be adopted June 2007. Revisions will include eliminating the commercial aspect from Health Division regulations (now handled by NDEP) and revising maintenance requirements for nitrate removal systems.

In regards to performance based standards, the State of Nevada requires NSF, or equal, for alternative technologies.

Nevada Code does not recognize or require management programs or districts to monitor and maintain onsite systems or individual liquid waste systems, and there are no plans to do so. The state has not formed a public utility type company or entity, nor does it plan to.

State onsite certification or licensing programs are available for contractors, pumpers, and engineers. In the State of Nevada, site evaluations are initiated by the owner for the installation of an onsite system. The owner may apply for a permit to construct. If site conditions are favorable, (i.e. meet NAC requirements), staff may approve construction. Adverse conditions require that the owner hire a registered professional engineer to determine site suitability. Percolation tests or soil characterization is required as part of the site evaluation. Any inspections that are performed are done so at the request of the lending institution. Inspections are also performed when a complaint is received. In the case of home sales, the owner can request a Health Division inspection for a cost of $75.00. The inspection conducted is a visual inspection of the property and discussion with the current owner. More detailed inspections can be conducted by a contractor hired by the homeowner. The State does not require onsite inspectors to be certified. Permits are issued for onsite systems for new construction, repairs, upgrades or modifications in the State of Nevada. However, these permits are not tracked by the State Health Division.

No funding program exists to assist homeowners either replacing a failing system or installing a new one, and there are no plans to develop such a mechanism. Washoe County has established an assistance program for the Spanish Springs, Nevada area to pay partial costs of connecting existing homes to a centralized sewer system. Questions may be directed to Mr. Pollock, at the address or phone number given above.

Currently, no onsite wastewater demonstration, research, or testing projects are ongoing in the state.

NEW HAMPSHIRE

Mr. Barry Lehneman, Sanitarian

Or

Mr. Mitch Locker New Hampshire Department of Environmental Services (NHDES) PO Box 95 29 Hazen Drive Concord, New Hampshire 03302 (603) 271-3711 or (603) 271-2858 (respectively) (603) 271-6683 (fax) or (603) 271-0656 (fax) [email protected] [email protected]

http://www.des.state.nh.us/ssb/

Subdivision and Individual Sewage Disposal System Design Rules Chapter Env-Ws 1000 August 26, 1999 http://www.des.state.nh.us/rules/envws1000.pdf

New Hampshire onsite regulations were last updated in 1999. Current regulations may be found on the web site above. The State Code is due for revision between 2007-2008.

A protocol exists for circumstances where a technology not listed within the state code is desired. Technologies must be reviewed and approved by I&A and/or the Groundwater Discharge Permit Program.

New Hampshire Code does not require management programs/contracts to monitor and maintain onsite systems or individual septic dispersal systems, and there are no plans to develop such programs within the next year. Perpetual maintenance on mechanical systems that have surface discharge is not required.

The State of New Hampshire requires onsite professionals to be certified. These certifications are a State Certification and are considered permanent certifications. Regular inspections are not required for investigating the performance and operation of onsite systems after initial construction. If an inspection is desired by a homeowner, he/she would engage the services of a permitted septic system designer, a permitted installer, or a home building inspector. The cost is unknown. All inspectors must be certified. All designers must pass a written exam and soils exam. A permitted septic system designer conducts all site evaluations. Percolation tests and/or soil characterization test are required as part of the site evaluation. For information on conducting a percolation test, please refer to the following: • Site review, test pits, Percolation test http://www.des.state.nh.us/rules/envws1000.pdf

Permits are issued for the construction of new systems, for upgrading or modifying existing systems, and for repair of existing systems. The state does keep track of all issued permits. For more information please refer to the following:

• http://www2.des.state.nh.us/OneStop/

• http://www2.des.state.nh.us/OneStop/Subsurface_Menu.aspx

Query page

• http://www2.des.state.nh.us/OneStop/Subsurface_Application_Approval_Query.a spx

Permits are not required for alternative/experimental/innovative technologies. However, conditional variation in the approval are common and are site and process specific.

No funding program exists to assist homeowners either repairing or replacing failing systems or installing new systems, nor are there any financial assistance programs available from any counties or communities within the State.

For information regarding onsite training in the State of New Hampshire, please contact: Granite State Designers and Installers Association (link - http://www.gsdia.org) 76 South State Street, Concord, New Hampshire 03301-3520 Tel. (603) 228-1231, fax (603) 228-2118, [email protected]

Additional various state-sponsored training is conducted by the following: Regional training – NEIWPCC at www.newipcc.org, or NEWIPCC Boott Mills South 116 John Street Lowell, MA 01852 Tel. (978)-323-7929

Currently, there are no onsite wastewater demonstration, research, or testing projects are ongoing in New Hampshire.

NEW JERSEY

Ms. Eleanor Krukowski, Supervising Environmental Specialist New Jersey Department of Environmental Protection Division of Water Quality Trenton, New Jersey 08625-0029 (609) 292-0407 (609) 984-2147 (fax) [email protected]

http://www.state.nj.us/dep/dwq/

Standards for Individual Subsurface Sewage Disposal Systems N.J.A.C. 7: 9A-1 January 26, 2005 http://www.state.nj.us/dep/dwq/pdf/njac79a.pdf

Onsite regulations for New Jersey were last updated on January 26, 2005 and are expected to expire on January 26, 2010. These regulations are currently not under review and there are no plans to review the code until 2010.

New Jersey State Code is not performance based for the selection of any (or all) technologies. Currently, the circumstances that would allow for technology usage outside of what the code allows is so variable there is no specific protocol. That is what the rule proposal is intended to correct. For the time being, anyone interested in other technologies needs to talk to their local health department (because they issue the final construction approvals) and the State Program (the Bureau of Nonpoint Pollution Control). New Jersey’s code does not restrict the use of technology for correcting malfunctioning systems. The overriding condition is that the malfunction is fixed and the system is brought into closer conformance with the code. New Jersey Code does not require management programs or districts to monitor and maintain onsite systems or individual septic dispersal systems. Although they are not required by the State of New Jersey at this time, if the local municipalities are interested it is done on a voluntary basis. There are no plans to have state mandated programs. For information on current management programs in the State, please contact the following:

Mr. Ed Wengrowski Wastewater Management Coordinator NJ Pinelands Commission PO Box 7 15 Springfield Road New Lisbon, New Jersey 08064 (609) 894-7300 (609) 894-7330 (fax) [email protected] Or

Montgomery Twp Health Department Municipal Building 2261 Route 206 Belle Mead, New Jersey 08502-4012 (908) 359-8211

The State of New Jersey does not require onsite wastewater professionals to be certified. Regular inspections are not required for investigating the performance and operation of onsite systems after initial construction. If a homeowner requests an inspection, some health departments will perform some types of inspections for a fee. Usually if a homeowner wants their system inspected, he/she needs to contact a private inspector, and there is a fee involved. The State of New Jersey requires a percolation test or soil characterization as part of the site evaluation. New Jersey’s code requires that soils be evaluated and limiting zones be identified during the site evaluation process. This includes soil logs, identification of soil mottling to determine seasonal high water table, and determination of soil permeability using one of the test methods listed in our code. All of these steps must be performed/supervised by a New Jersey Licensed Professional Engineer.

Permits are issued for the construction, repair and upgrade of existing systems. The state does not, however, keep track of issued permits. Different permits are required for alternative systems since these technologies are not incorporated in the regulations; a Treatment Works Approval from the State is required for the health departments to approve a design that incorporates these technologies.

In the State of New Jersey, monies from State Revolving Funds (SRF) can be used to assist individual homeowners to: . repair a failing or malfunctioning system; . replacement of failing or malfunctioning system; or . new construction of an onsite wastewater treatment system.

For new construction, funding can only be used as the corrective measure for failing systems. This is also dependent upon the existence of a management program because the loan has to go to a local governmental unit. There is no specific contact regarding the use of SRF Funding because the application must go through the local management entity, if it exists.

Currently, there are no training programs, onsite demonstration, research, or testing projects in the State of New Jersey.

NEW MEXICO

Mr. Tom Brandt New Mexico Environment Department 525 Camino de los Marquez, Suite 1 Santa Fe, New Mexico 87505 (505) 476-8609 (505) 476-8654 (fax) [email protected]

http://www.nmenv.state.nm.us/

Liquid Waste Disposal Regulations 20.7.3 NMAC September 1, 2005 http://www.nmenv.state.nm.us/NMED_regs/dwcsb/20nmac7_3.html

Onsite regulations for New Mexico were last updated in September 2005. The State is currently accepting comments/suggestions for revisions. Changes are being generated by New Mexico Environment Department (NMED) employees and interested citizens. Changes may become effective later this year. The regulation program is implemented by the state in all counties in New Mexico except for Bernalillo County, which has adopted their own ordinance. All rules apply statewide and can become more stringent on the local level if approved by the state, as was the case for Bernalillo County.

The State of New Mexico follows performance based codes for advanced treatment systems, but not for conventional septic systems. Any technology not listed within the state code follows the following protocol for such usage:

All treatment units must be reviewed. Conventional septic tanks are reviewed by the program engineer. Advanced treatment products, including proprietary drainfield products are reviewed by the technical advisory committee, who makes recommendations for approval, disapproval, or testing.

New Mexico Code does recognize and require management contracts or districts to monitor and maintain all advanced treatment systems. In addition, a couple of villages have formed management districts.

The State of New Mexico does not require onsite professionals to be certified, but our regulations require a certification program to be in place by July 1, 2007. Maintenance providers for advanced treatment units must be certified by the manufacturer. After July 1, 2007, these certifications will be renewable. In the State of New Mexico, before an onsite system is installed, the contractor evaluates the site, and if there are questions about any aspect, a NMED environmentalist, or liquid waste specialist may also do an evaluation inspection. New Mexico code requires soil analysis, according to USDA profiling as part of the site evaluation. If an inspection is requested by the homeowner, the inspection will be performed by a NAWT Certified Inspector until New Mexico’s certification program is in place. State regulations also require an inspection at the time of ownership transfer.

Permits are issued for new construction, repair of an existing system, or for the upgrade/modification of that system. The State keeps track of all permits issued. For alternative/experimental/innovative technologies the technology must be reviewed by the tech committee, and permits are issued on a limited basis. All such information is kept in a central database, except for information that resides in paper files that have not been entered into the database. Reports of this nature are not currently available, but may be in the future after the database upgrade is complete.

No funding program exists at the state level to assist individual homeowners with either repairing or replacing failing systems or installing new systems.

For any possible funding questions, please contact:

Mr. Richard Rose Director, Construction Grants Program 1190 St. Francis Drive PO Box 26110 Santa Fe, New Mexico 87502 (505) 827-9691 [email protected]

Bernalillo County provides a revolving fund to assist individual homeowners. For more information contact:

Bernalillo County Environmental Health 111 Union Square SE Albuquerque, New Mexico 87102

Any information regarding training programs, onsite wastewater demonstration, research, or testing projects that are ongoing in the state contact:

Dr. Adrian Hanson, P.E., Associate Professor New Mexico State University Civil, Agricultural, and Geological Engineering Department MSC 3CE PO Box 30001 Las Cruces, New Mexico 88003-8001 (505) 646-3032 [email protected] NEW YORK

Mr. Ben Pierson, P.E., Senior Sanitary Engineer

Or

Mr. James Meacham, Senior Sanitary Engineer

Or

Mr. William Gilday, P.E. New York Department of Health Flanigan Square, Room 515 547 River Street Troy, New York 12180-2216 (518) 402-7600 (518) 402-7609 (fax) [email protected] [email protected] [email protected]

http://www.health.state.ny.us/

Wastewater Treatment Standards Individual Household Systems 10NYCRR Appendix 75-A December 1, 1990 http://www.health.state.ny.us/nysdoh/phforum/nycrr10.htm

As of March 2006, regulations for the State of New York were under revision. Revisions are to include new technologies ( i.e., ATUs, gravelless systems, tire chip aggregate, etc.). No effective date has been reported.

Performance based codes are not followed in New York for the selection of any technologies. A technology not listed in code may be allowed on a case by base basis through the issuance of a specific waiver. These are issued by county health departments.

Management programs/contracts are not recognized by New York code to monitor and maintain onsite systems or individual septic disposal systems. However, in the new code revisions, ATUs, peat filters, etc., must be installed under an RME. There are no existing management programs currently in operation in the State of New York.

New York does require onsite professionals to be certified. Design professionals must be either a Professional Engineer or Registered Architect and must be licensed by the State Education Department. The Design Engineer or county/district health departments are responsible for conducting site evaluations prior to the installation of an onsite system. One test pit and two percolation tests per lot are required as part of the site evaluation. The Design Professional will perform the soil evaluation, and the county/district health department may verify depending on the area. The State of New York is broken up into county and district offices which issue permits for systems. The counties must at least use the State’s regulations but may be more prescriptive. Permits are not tracked for: new construction, repair of existing systems, or upgrade or modification to existing systems. Alternative/experimental/innovative technologies may require a specific waiver.

County representatives may provide an inspection if one is requested by the homeowner.

No information was provided regarding monies from State Revolving Funds (SRF) being used to assist individual homeowners to: repair a failing or malfunctioning system, replace a failing or malfunctioning system, or for the construction of a new onsite wastewater treatment system. New York City will provide funding for the repair of failed systems in its watershed provided certain criteria are met. For more information please contact:

Mr. Ted Simroe, P.E. Assistant Chief, Engineering Section NYC Dept. of Environmental Protection 465 Columbus Ave Valhalla, NY 10595-1336 Telephone: (914) 742-2057 [email protected].

The Onsite Training Network has various classes available for onsite systems. Please contact: Mr. Tom Boekeloo NYSDEC DOW 625 Broadway Albany, NY

Demonstrations and/or research is currently ongoing in the State of New York. These projects include: Skaneateles Lake and Otsego Lake. Contact Mr. Pierson (above) for more information on these projects.

NORTH CAROLINA

Mr. Robert L. Uebler, Ph.D. North Carolina Department of Environment and Natural Resources 105 Excaliber Drive Greenville, North Carolina 27858 (252) 948-3914 (252) 975-3716 (fax) [email protected]

Or

Mr. Andy Adams, Acting Head North Carolina Department of Environment and Natural Resources Division of Environmental Health On-Site Wastewater Section 1642 Mail Service Center Raleigh, North Carolina 27699-1642 (919) 715-3273 (919) 715-3227 (fax) [email protected]

http://www.deh.enr.state.nc.us/osww_new//index.htm

North Carolina Laws and Rules for Sewage Treatment and Disposal Systems February 2005 http://www.deh.enr.state.nc.us/osww_new/images/Rules/1900RulesFeb2005.pdf

As of March 2006 the entire book of rules for the State of North Carolina was under revision. The effective date for the new rules is not yet known. Please use the URL provided above for regulations still in effect.

Performance based codes are followed for systems in excess of 3,000 gpd and for any system which utilizes pretreatment to a level better than what a standard septic tank can provide. Any technology not listed within North Carolina Code may obtain approval by the State as provided for in State Code. Completed applications must be reviewed within 180 days of submission. Systems may be approved for smaller flows only after going through the State’s innovative products approval process, which requires an application for approval and submission of research, followed by a formal review by the Onsite Wastewater Section and an advisory panel.

North Carolina Code does recognize maintenance/management contracts for all drip and LPP distribution systems, all systems with pretreatment units, and most systems with flow in excess of 3,000 gpd. For information regarding management programs currently in operation please contact Mr. Steve Berkowitz at: [email protected] .

North Carolina does require onsite professionals to be certified and obtain his/her Registered Sanitarian license along with Authorization by the State. Continuing education is also required. County Environmental Health Specialists conduct standard site evaluations while State Soil Scientists conduct site evaluations for systems in excess of 3,000 gpd. The State of North Carolina requires soil characterization as part of the evaluation and tests for: texture, soil structure, soil mineralogy, soil wetness, restrictive horizons, topography, and available space.

Authorized agents will inspect all installations when first installed. Time of sale inspections are not authorized by State code. At this time, there is no information regarding the cost of systems inspection.

Permits are issued at the local level if the system is less than 3,000 gpd. For systems in excess of 3,000 gpd, permits are issued at the local and State level. Permits are tracked with the state of North Carolina for: new construction, repair of existing system, and for the upgrade or modification of a system. For more information, please contact: Ms. Kae Arrington Program Improvement Team Leader Onsite Wastewater Section – NCDENR [email protected]

Alternative/experimental/innovative technologies require a different permit from the standard if these installations require operators and management contracts.

At this time, there are no changes to the State Revolving Funds (SRF) to assist individual homeowners repair a failing or malfunctioning system, replace a failing or malfunctioning system, or constructing a new onsite wastewater treatment system.

Onsite training programs are ongoing throughout the state. Central Intern Training for all County authorized personnel and continuing education is provided by the Onsite Wastewater Section. Contact Bob Uebler (above) for more information on these programs.

For information regarding demonstrations and/or research ongoing in the State of North Carolina please contact Mr. Uebler using the information provided above. NORTH DAKOTA

Mr. Dick Bechtel, R.S./REHS Custer District Health Unit 210 Second Avenue Northwest Mandan, North Dakota 58554 (701) 667-3370 (701) 667-3371 (fax) [email protected]

Or

Mr. Terry Ludlum, R.S. Fargo/Cass Public Health 410 3rd Avenue North Fargo, North Dakota 58102 (701) 241-1396 [email protected]

http://www.health.state.nd.us/localhd/CDHU/

North Dakota State Plumbing Code Individual Sewage Disposal Systems for Homes and Other Establishments Where Public Sewage Systems Are Not Available Chapter 62-03.1-03 February 1996 http://www.legis.nd.gov/information/acdata/pdf/62-03.1-03.pdf

As of March 2006, North Dakota State Plumbing Code was not under any revision. Regulations in effect can be accessed using the URL above.

Onsite regulations for North Dakota were last updated in February 1996. The Chapter number has been changed due to adoption of the UPC by the Plumbing Board. There are currently no revisions being made.

North Dakota Code does not recognize or require management programs/contracts or districts to monitor and maintain onsite systems or individual liquid waste systems, and there are no plans to develop such a program. Local health units may adopt stricter standards than those in the Code. If a technology is not listed in the State Code, it falls under “alternative technology” and must be installed per the manufacturer’s direction with management and/or operation by a manufacturer-trained entity.

The State of North Dakota does not require onsite professionals to be certified. Depending on the jurisdiction, local administrative authorities may conduct site evaluations prior to the installation of the system. In other jurisdictions, site evaluations may require a representative from Bismarck Fire and Inspection or a representative from the Environmental Health Department to conduct the site evaluation. Whether or not the site evaluation requires a percolation test or soil characterization is based on the jurisdiction. Most will require soil characterization while Bismarck requires a percolation test. Fees will vary by jurisdiction.

Permits are issued at the local level and depending on the jurisdiction this may be from the local, county, or multi-county level. Permits for new construction, repair of existing system, or upgrade or modification of an existing system are not tracked. Alternative/experimental/innovative technologies do not require a different permit than those of standard technologies.

In North Dakota, SRF monies may be used to assist homeowners for the repair of a failing or malfunctioning system, replacement of a failing or malfunctioning system, or for the new construction of an onsite wastewater treatment system. For more information, please contact: Wayne Kern, P.E., Director North Dakota Department of Health Div. of Municipal Facilities 918 East Divide Avenue, 3rd Floor Bismarck, ND 58501-1947 (701) 328-5211 [email protected]

Onsite Training Programs are available through local jurisdictions in the State of North Dakota. At this time there are no demonstration and/or research projects currently ongoing in the State.

OHIO

Ms. Jean Caudill, RS

Or

Mr. Tom Grigsby, RS Residential Water and Sewage Program Ohio Department of Health PO Box 118 5th Floor-BLEHS 246 North High Street Columbus, Ohio 43216-0118 (614) 644-7181 or (614) 644-8663 (respectively) (614) 466-4556 (fax) [email protected] [email protected]

http://www.odh.state.oh.us/

Household Sewage Disposal Rules (for 1, 2, and 3 family dwelling) Ohio Administrative Code Chapter 3701-29 July 1977 http://www.odh.ohio.gov/rules/final/f3701-29.aspx

Onsite regulations for Ohio were last amended in July 1977. Ohio Department of Health (ODH) has pending Sewage Treatment System (STS) rules that will replace Chapter 3701-29 of the Ohio Administrative Code (OAC) per Chapter 3718 of the Ohio Revised Code that became law on May 6, 2005: http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_231

According to this law, new STS rules must be adopted within one year. ODH is on track as of this date to have the new rules adopted on may 4, 2006 if all goes well, but the effective date would be delayed until January 1, 2007.

The Ohio Environmental Protection Agency, (OEPA) is working on new rules for Onsite Sewage Treatment Systems (OSTS). OSTS include all onsite systems other than those governed by Chapter 3718 (ODH oversight of local health district permitting, etc). These OEPA rules are under development and would be adopted as OAC 3745-42-12. More information may become available in this rule development effort at: http://www.epa.state.oh.us/dsw/pti/OnsiteSystems.html

OEPA is also pursuing a draft household sewage treatment system General NPDES Permit to complement the STS rules where limited discharging systems will be permitted. Information on the draft general permit can be found at: http://www.epa.state.oh.us/dsw/permits/HSTS_Draft_GP_feb06.html

The developing OEPA and ODH rules provide prescriptive options and yet have provisions that allow for flexibility in alternative design options. Performance provisions are applied more directly to pretreatment and NPDES effluent parameters. The pending STS rules have provisions for submitting requests for review of components or systems related to the performance provisions in rule. These application procedures are under development. In addition, ORC 3718 established a Technical Advisory Committee (TAC) to review those systems and components that are not covered by specific STS language or the review processes established in rule.

Ohio’s new code will recognize management programs/contracts or management districts to monitor and maintain onsite systems or individual septic disposal systems. The new law ORC 3718 includes operation permit, O&M requirements, and allows for the establishment of management districts. The existing 1977 rules include operation permits, and about 50% of the local health districts have established operation inspection programs over the past 30 years. The pending STS rules has a specific rule (pending OAC 3701-29-16.1) dedicated to management: http://www.registerofohio.state.oh.us/pdfs/3701/0/29/3701-29- 16$1_PH_TBR_N_RU_20060321_1237.pdf

The pending permitting rule continues the requirement for operation permits and this rule and other related rules require service contracts for many systems with mechanical components, etc. For information related to existing management programs currently in operation, refer to the last page of the Operation Inspection Survey resource lists contacts: http://www.odh.ohio.gov/ASSETS/584AF3D2B39149BBBE95C43F61B37126/ opinspect.pdf

The local health districts’ contact information can be found at: http://www.odh.ohio.gov/localHealthDistricts/localHealthDistricts.aspx

The State of Ohio does not require onsite professionals to be certified. Pending STS rules recognize national and state voluntary certification programs (NEHA, OOWA, NAWT, OWHA, etc.) and if these are not used, then 6 CE hours / year are required. All service providers, installers, and septage haulers would be required to register locally with evidence of the certification or CE hours, a bond, and passing a state test related to the rules.

In the State of Ohio, depending on what type of inspection, local health districts conduct many types of inspections including site reviews, final installations, property transfers if requested, operational inspections, etc. Service providers do some of the property transfer and operation/maintenance work. There is almost always a cost associated with any type of inspection conducted. In the State of Ohio conducting site evaluations before an onsite system is installed falls on the local health district staff. The 1977 rules do not have requirements for detailed soil descriptions. ODH’s pending STS rules and the OEPA developing OSTS rules will require a detailed soil and site evaluation. The Association of Ohio Pedologists is working with ODH to develop a statewide soil and site evaluation form that would be required to be used under adopted STS rules. While the law and rules do not specify who can conduct these evaluations, whoever does do the work must complete the form, and the form is then subject to review by the permitting agency (in the future, either local health district for adopted STS rules or OEPA district office under the adopted OSTS rules). The pending STS rules do recognize soil scientists but do not limit others, as demonstrated by the following pending language;

OAC 3701-29-04(B) A site and soil evaluator shall comply with the requirements of rule 3701-29-08 and rule 3701-29-08.1 of the Administrative Code. A site and soil evaluator shall be capable of properly conducting site and soil investigations and accurately recording required information. Demonstration of competency may include, but is not limited to, certification as a professional soil scientist by the association of Ohio pedologists or ARCPACS.

Local health districts in Ohio (~ 100 with household sewage programs) and the five OEPA district offices issue permits. The State offices of ODH and OEPA do not issue the permits. In the State of Ohio, permits for new construction and for upgrade or modification are tracked by the OEPA, but currently not by ODH. Different permits are not required for alternative/experimental/innovative technologies, but there is an expanded process for review and approval, often including involvement of the state level offices.

Monies from State Revolving Funds (SRF) can be used to assist individual homeowners to: . Repair a failing or malfunctioning system; or . Replace a failing or malfunctioning system.

Ohio’s SRF loan program is handled through the OEPA Division of Environmental and Financial Assurance (DEFA) at: http://www.epa.state.oh.us/defa .

In Ohio, training programs are available. There are multiple state resources for training including a wide variety of courses and conferences offered through SETLL and OSU Extension as noted below, ODH Midwest Workshop held each March, Ohio Onsite Wastewater Association (OOWA) http://www.ohioonsite.org ; Ohio Environmental Health Association (OEHA) http://oeha.tripod.com ; Ohio Waste Hauler Association (OWHA), and Operator Training Committee of Ohio (OTCO) c/o http://www.ohiowater.org .

Onsite wastewater demonstration, research, or testing projects ongoing in the State of Ohio have been conducted by The Ohio State University Extension. The Ohio State University Extension utilized 319 funds to install 3 demonstration systems. See the OSU Soil Environment Technology Learning Lab (SETLL) web site at http://setll.osu.edu

For further information please contact:

Ms. Karen M. Mancl, Ph.D. Professor, Extension Water Quality Specialist OSU Department of Food, Agricultural and Biological Engineering 590 Woody Hayes Drive Columbus, Ohio 43210-1057 (614) 292-6007 (614) 292-9448 (fax) [email protected]

PENNSYLVANIA

Mr. Dana Aunkst, P.E., Chief Division of Planning and Permits

Or

Mr. James Novinger, Sanitarian Program Specialist Pennsylvania Department of Environmental Protection PO Box 8774 Harrisburg, PA 17105-8774 (717) 787-8184 or (717) 772-5157 (Respectively) FAX (717) 772-5156 [email protected] [email protected]

http://www.dep.state.pa.us/

Title 25 Environmental Protection Department of Environmental Protection Chapter 71, 72, and 73 Standards for Sewage Disposal Facilities October 2, 1999 http://www.pacode.com/secure/data/025/chapter71/025_0071.pdf http://www.pacode.com/secure/data/025/chapter72/025_0072.pdf http://www.pacode.com/secure/data/025/chapter73/025_0073.pdf

Pennsylvania’s Regulations were last updated in 1999. Pennsylvania is currently in the initial stages of revising these regulations. The revisions will reorganize the regulations for better clarity and will update requirements within the limitations of the current statute (Act 537 of 1966). Updates will primarily impact: sewage facilities planning and permitting, reclassification of many alternate systems to conventional, and both design and installation requirements for onsite technologies. Operation and maintenance needs for described technologies will be clearly identified. The anticipated effective date for these regulations is uncertain.

Pennsylvania’s regulations are primarily prescriptive in nature. Performance requirements and siting methodologies are employed for a limited number of alternate system technologies, largely within a prescriptive framework. Examples include systems incorporating media filters in shallow siting situations with at-grade beds, drip irrigation, spray irrigation, etc. Technologies that are not currently described in either Chapter 73, or in a listing of technologies that have been “pre-classified” as alternate technologies, can be proposed to PA DEP for classification on a case-by-case basis as either an alternate or experimental technology.

Alternate technology systems are proposed to solve an existing pollution or public health problem, to overcome specific site suitability deficiencies, or as a substitute for conventional systems. Alternate technologies may also be used to overcome a specific engineering problem related to the site, its proposed use, or to utilize an experimental design which has been deemed successful by the Department, either in whole or in part, under varying site conditions. Proposals for alternate system approval must be submitted to PA DEP Central Office for review in accordance with the requirements of Chapter 73, Section 73.72.

Experimental technology systems are proposed to solve an existing pollution or public health problem, overcome specific site suitability deficiencies, or as a substitute for conventional systems on suitable lots. Experimental technologies are used to evaluate new concepts or technologies applicable to onlot dispersal, or utilize an experimental design that has been deemed successful by the Department under varying site conditions. Experimental proposals must be evaluated in accordance with Chapter 73, Section 73.71 and through the Pennsylvania Experimental Onlot Wastewater Technology Verification Program. Details on this program can be found at: http://www.depweb.state.pa.us/watersupply/cwp/view.asp?a=1260&Q=449298& watersupplyNav=|30160|#OLDS

Chapter 71 requires municipalities use their sewage facilities planning efforts to identify specific operation and maintenance requirements for sewage facilities, to demonstrate responsible means for assuring those needs over the long term, and to propose the legal and financial arrangements necessary for implementing those means. Sewage management programs, as described in Chapter 71, Subchapter E, are recognized as the preferred method for the long-term assurance of operation and maintenance requirements with sewage facilities.

PA DEP has specific authority to require sewage facilities planning to consider sewage management programs when: existing sewage facilities are not being properly operated and maintained; planning proposals for new land development do not adequately address the administrative, technical or legal functions needed to carry out operation and maintenance of the proposed facilities; or an official plan or revision shows that existing or new sewage facilities need periodic inspection, operation or maintenance to provide long-term proper operation. For more information on sewage management programs operating in Pennsylvania, please contact Mr. John Borland at (717) 783-7423, or at [email protected].

Sewage Enforcement Officers are required to attend prerequisite training (a sewage enforcement officer academy), successfully pass a combined written and field practical examination, and regularly complete continuing education courses as a part of certification. PA DEP is also obligated to provide voluntary training to sewage facility installers and list those installers who have completed training. Installers, however, are not certified in Pennsylvania. Sewage Enforcement Officer certifications must be renewed every two years. Fifteen hours of continuing education is required for renewal. Certification is subject to suspension or revocation by PA DEP for violations of Act 537 or the regulations promulgated there under.

Generally, the sewage enforcement officer would conduct regulatory inspections, often in concert with a municipal sewage management program. Fees would be in accordance with the fee schedule approved by the local agency for that jurisdiction. Real estate transfer inspections are not regulated in Pennsylvania. Sewage Enforcement Officers employed or contracted by municipal or multi-municipal local agencies conduct, observe or monitor site evaluations pertaining to the permitting and installation of onlot (onsite) systems. They are specifically prohibited from designing systems based upon such soil work and for which they will subsequently issue a construction permit. Sewage Enforcement Officers are trained and certified by PA DEP. Depending upon the technology being proposed and the specific site conditions encountered either percolation testing or soil characterization may be used in Pennsylvania. Soil morphological (characterization) evaluation is most commonly conducted for shallow soil onlot systems and drip irrigation systems.

Sewage enforcement officers issue permits at the local level for conventional soil-based (onlot) systems designed for treating under 10,000 gpd. Sewage enforcement officers also issue permits for alternate systems, without PA DEP review, where they have the requisite training and/or experience specific to the system. Permits for community onlot systems over 10,000 gallons and surface discharge systems requiring NPDES permits are issued by the state. Permits are issued for the construction, repair, and upgrade/modification of onsite systems. Numbers of permits are recorded for all conditions. Different permits are required for alternative/experimental/innovative systems that would have additional testing and reporting requirements and a back-up proposed system should the experimental system fail. Local Municipal SEOs issue the routine permits. DEP issues the larger permits (>10,000 gpd) or experimental and unproven systems and designs. Different permits are not required for alternate/experimental/innovative technologies in the State of Pennsylvania. The same type of construction permit is issued for each system but the permit application would be marked to indicate a conventional, alternate, or experimental system classification. For more information, please contact Mr. Novinger at the address above.

A funding program exists to assist homeowners for replacing failing systems, repairing a failing or malfunctioning system, but not for new construction of an onsite wastewater treatment system. For more information, please contact:

Mr. Lou Buffington Pennsylvania Infrastructure Investment Authority (Pennvest) 22 South Third Street 4th Floor Harrisburg, Pennsylvania 17101 (717) 787-8138 [email protected]

Academy and continuing education training for sewage enforcement officers is available through the Pennsylvania State Association of Township Supervisors (PSATS). Visit the training web site at: http://www.psats.org/seo.html, contact Ms. Karen Atkinson, PSATS at (717) 763-0930, or contact PA DEP through the contact information provided above.

For information about ongoing onsite wastewater demonstration, research or testing projects, please contact:

Dr. Larry Hepner Delaware Valley College 700 East Butler Avenue Doylestown, Pennsylvania 18901-2697 (215) 489-2334 (215) 489-2404 (fax) [email protected]

RHODE ISLAND

Ms. Deb Knauss, Senior Environmental Planner Rhode Island Department of Environmental Management

Or

Mr. Ernie Panciera, Principal Environmental Scientist Rhode Island Department of Environmental Management Office of Water Resources ISDS Section 235 Promenade Street Providence, Rhode Island 02908-5767 (401) 222-4700, ext. 7612 or ext. 7603 (respectively) (401) 222-3564 (fax) [email protected] [email protected]

http://www.dem.ri.gov/programs/benviron/ water/index.htm

Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems January 2002 http://www.dem.ri.gov/pubs/regs/regs/water/isdsregs.pdf

Onsite regulations for Rhode Island were last amended in January 2002. The state is working on a large-scale re-write. Progress on these regulatory revisions has been delayed by other Department priorities; thus no expected effective date can be given.

The RI Department of Environmental Management (DEM) Onsite Regulations are not performance based. The state does have an Innovative and Alternative Technology Program, which maintains a list of approved technologies. Currently, there is only on municipality in Rhode Island which has a performance based local ordinance. Block Island (New Shoreham) has established two treatment zones as a function of a property’s proximity to sensitive areas, with the T1 zone allowing conventional systems, while the T2 zone requires advanced treatment.

In Rhode Island, any technology not listed within state code can be used following the Innovative and Alternative Technology Program for review of Innovative/Alternative technologies. A vendor or manufacturer is required to submit an application for review of the technology. The form is available at: http://www.dem.ri.gov/programs/benviron/water/permits/isds/pdfs/innovfrm.pdf. Following DEM review of the application, it is considered by the Technical Review Committee, which makes a recommendation to DEM to approve or not approve. Approved Technologies are issued a certification specifying the terms of use in RI.

Rhode Island Code does not require management contracts to monitor and maintain onsite systems or individual liquid waste. However, the certification letters for approved technologies specify O&M provisions, and applications for ISDS designs incorporating a Department-approved innovative or alternative technology requiring special operation and maintenance procedures must include a maintenance contract. Additionally, while management districts are not cited in the ISDS code, municipalities do have the authority to create management districts with these requirements. At the state level, there is no approval required of municipal ordinances.

The following table indicates which onsite wastewater professionals are required to be certified. All of the licenses issued are renewable every two years. There is a continuing education requirement of Classes I, II, III and IV.

License Authority Eligibility to apply for exam Installers Installation No professional or educational requirement Class I Design repairs – conventional/residential - design flow: 900 gpd or A valid license Installer’s License or RI registered PLS or PE. PEs registered less or I/A system - residential use designated by the Director as in Rhode Island after December 31, 1994 must be registered as Civil or suitable for a Cl- I - design flow of 900 gpd or less Environmental. Class II Repair or alteration provided system meets one of the criteria A RI registered PLS or PE. PEs registered in Rhode Island after December below: 31, 1994 must be registered as Civil or Environmental. (A) Conventional ISDS - residential use - design flow of 2000 gpd or less; (B) Alternative system - residential use designated by the Director as suitable for a Class II designer - design flow of 2000 gpd or less; (C) Conventional ISDS - commercial use - design flow of 900 gpd or less; or (D) Alternative system - commercial use designated by the Director as suitable for a Class II designer - design flow of 900 gpd or less.

Design new system, provided system meets one of the criteria above in (b)(1)(A)-(D) and is on a lot that does not require a variance from any of the following provisions of the regulations: (A) SD 15.02 -- prohibition of system installation in areas where there is a shallow depth to the groundwater table or to an impervious layer from the original ground surface; (B) SD 3.05(6) and 3.05(10); or (C) In critical resource areas, as defined in SD 19.00, setbacks established in Table 19.1 and SD 3.05(1). A RI registered PLS or PE. PEs registered in Rhode Island after December Class III Design of any ISDS provided for under regulations. 31, 1994 must be registered as Civil or Environmental. 1) Registration as a professional soil scientist by the Society of Soil Scientists of Southern New England or the American Registry of Certified Professionals in Agronomy, Crops and Soils; or 2) 4 years experience in soil studies and perc testing for septic system design in RI or soil classification, mapping, interpretation or a combination thereof; and Class IV Performance of soil evaluations described in SD 26.00. successful completion of 9 semester hours in soil science from an accredited (Soil college or university; Evaluators) or 3) 2 years experience in soil studies and perc testing for septic system design in RI or soil classification, mapping, interpretation or a combination thereof; and a bachelor's degree or graduate degree from an accredited college or university in soil science, geology, engineering or similar discipline with successful completion of 9 semester hours in soil science. Generally, in the State of Rhode Island inspections are performed by private professionals or trades people. A state inspector will investigate a complaint of a system suspected to be failing, at no cost to the homeowner. The State does not conduct maintenance inspections. Some municipalities have, as an element of a wastewater management plan or ordinance, a requirement for regular inspections: they specify qualifications/criteria necessary for the individual to posses in order to conduct inspections. Municipalities with inspection requirements have criteria which must be met in order to be placed on the list of inspectors in that municipality. The University of Rhode Island, Cooperative Extension Onsite Wastewater Training Center offers two inspection courses, one of which is required to be taken for listing as an inspector by many, if not all of the municipalities with inspection requirements.

DEM licensed soil evaluators are responsible for conducting site evaluations before an onsite system is installed or approved for use. Our site evaluation procedure incorporates two elements. The Site Evaluation and the Soil Evaluation: The Site Evaluation and Soil Evaluation procedures are described in the regulations in sections SD 26.00 and SD 26.01 respectively.

The Site Evaluation provides site locus and location of proposed system. It identifies specific site conditions and limitations and location of sensitive receptors relative to the proposed dispersal area. It may be completed by a Class II or III designer or by a Class IV Soil Evaluator.

The Soil Evaluation must be prepared by a Class IV Soil Evaluator. Two test holes in the area of the proposed system must be described to a depth of 10 feet, though due to OSHA regulations, we do not require that the soil evaluator enter the pit below the depth of 5 feet; soil is to be sampled from the bucket of the backhoe. For each soil horizon, the soil evaluator reports depth, color, presence and characteristics of redoximorphic features (abundance, size and contrast), texture, structure and consistence, seasonal high watertable. Perforated pipe must be installed in the pits upon backfilling. Soil Evaluations may be witnessed by the Department.

Permits are issued for new construction, repair of existing systems, and upgrade or modification of onsite systems. Permits are issued at the State level, by the Department of Environmental Management. Local requirements may be more stringent; review of designs for compliance with local requirements occurs at the local level.

The number of permits for all conditions are kept track. For more information contact:

Ms. Linda Washington RI DEM – OWR 235 Promenade Street Providence, Rhode Island 02908 (401) 222-4700 ext. 7718 (401) 222-3564 (fax) [email protected] Different permits for alternative/innovative systems are not required. If the technology is on the list of approved technologies, a standard application of the appropriate type is submitted (new construction, alteration, repair, or variance if the design is not able to meet the requirements of the regulations). If the technology is not on the list of approved technologies, a variance application must be submitted for use of the technology. These data are maintained in the permitting program’s database.

State Revolving Funds (SRF) makes loans available to municipalities which have DEM- approved Wastewater Management Ordinances. The municipality in turn makes the low interest loans to the homeowner for repair/replacement of failing systems. However, at this time, no funds are reported available for the installation of new onsite wastewater treatment systems. For additional information you may contact:

Mr. Jim Riordan, Principal Environmental Scientist RIDEM – Office of Water Resources 235 Promenade St. Providence, Rhode Island 02908-5767 (401) 222-4700, ext. 4421 (401) 222-3564 (fax) [email protected]

Questions pertaining to ongoing onsite demonstration, research, or testing projects, as well as information concerning onsite training programs available in the state may be directed to:

Dr. George Loomis University of Rhode Island Cooperative Extension Onsite Wastewater Training Center 001C Coastal Institute in Kingston Kingston, Rhode Island 02881 (401) 874-4558 (401) 874-4561 (fax) [email protected]

For information regarding training opportunities in the State of Rhode Island, please contact:

Dr. Jose A. Amador, PhD CELS-NRS 024 Coastal Institute in Kingston Kingston, Rhode Island 02881 (401) 874-2902 (401) 874-4561 (fax) [email protected] http://www.uri.edu/cels/nrs/seml/

Mr. James McCaine, Engineering Specialist Texas Commission on Environmental Quality (TCEQ) PO Box 13087 Austin, Texas 78711-3087 (512) 239-2150 (512) 239-6390 (fax) [email protected]

http://www.tceq.state.tx.us

Title 30 Texas Administration Code Chapter 285 Onsite Sewage Facilities Updated January 2005

Chapter 30 Subchapter “A” and “G” Licenses and Responsibilities Updated January 2005 http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=285

The Regulations for the State of Texas were last updated on January, 2005. Currently, certification of individuals providing maintenance for on-site systems and rules allowing homeowners to perform their own maintenance are being looked at for revision. These revisions are to become effective in September, 2006.

The Regulations for the State of Texas are performance based for secondary treatment and spray irrigation. For technology(ies) not listed in the current State Code, planning materials for non-standard systems (one of a kind) will be evaluated on a case-by-case basis. Proprietary systems (systems to be marketed with exclusive legal rights of the manufacturer or designer) must be tested by NSF, if applicable, or an independent third party for a period of two years and approval from the executive director must be obtained. Please refer to 30 TAC Chapter 285.32(c) for detailed information.

State Code requires management programs for any system that has been permitted to maintain secondary quality effluent. These systems must have an ongoing maintenance contract with a valid maintenance company. Local entities have the authority to require more stringent requirements than state rules, but they must be based on a greater environmental protection.

The State of Texas does require onsite professionals to be certified. Those professionals requiring certification are: Installer I Installer II Site Evaluator Designated Representative (runs the local programs) These certifications are renewable.

Regular inspections are not required by the State for investigating the performance and operation, of onsite systems after initial construction. The homeowner may seek an inspection from whichever source they choose to pay. Periodic inspections are required by Texas for investigating the performance and operation of any systems where secondary quality effluent is required. Also, periodic inspections are required with any system requiring a maintenance contract. Certification of inspectors is required. There is a 3-day training course and a test that must be successfully completed for certification. Site evaluations before an onsite system can be installed or approved are conducted by certified site evaluators, who must also successfully complete a training course and test before conducting site any evaluations. Percolation tests and soil characterization tests are required as part of the site evaluation. The State of Texas also relies on the USDA textural analysis for site evaluations.

Permits are issued for construction of new, repair of existing system, and for the upgrade of modification of onsite systems. Texas Commission on Environmental Quality only keeps track of permits issued for new construction. Different permits are not required for alternative/experimental/innovative technologies. A testing protocol is addressed in Texas rules. If an experimental system is allowed, the homeowner must be told that this is an experimental system prior to installation. If the system fails, it will be replaced by the responsible party. All treatment systems must be tested under NSF Standard 40 criteria. Other components may be tested by a third party (chambers, drip, graveless pipe, etc.).

Funding does not exist to assist homeowners either repairing or replacing failing systems or installing new ones. There are also no revolving loan funds or other financial assistance available for homeowners.

For information regarding onsite wastewater demonstration, research, or testing projects please contact Mr. Bruce Lesikar with the Texas Agricultural Extension Service at 1-800- 824-7303.

Access information on onsite training programs available throughout the State at this website: http://www.tnrcc.state.tx.us/enforcement/csd/ics/ossf_ceu.html .

UTAH

Mr. Michael L. Hanson, Environmental Engineer Utah Department of Environmental Quality Division of Water Quality PO Box 144870 Salt Lake City, Utah 84114-4870 (801) 538-9218 (801) 538-6016 (fax) [email protected]

http://www.deq.utah.gov/

Individual Wastewater Disposal Systems Utah Administrative Code R317-4 January 2004 http://www.rules.utah.gov/publicat/code/r317/r317-004.htm

As of March 2006, onsite regulations for the State of Utah were under revision. There are plans to revise the existing codes/regulations including: considering RGFs, monitoring regulations, and other minor rule amendments. Expected effective date is reported to be mid-2006. All rules and regulations apply statewide and can be more stringent at the local level without states approval.

Performance based codes for the selection of any technologies are currently not followed. The State will only consider technologies not listed within code to be used if the existing system is failing and public health is at risk.

Maintenance/management contracts are suggested but not required to monitor and maintain onsite systems or individual septic dispersal systems. The State’s code is similar to EPA’s 5 levels of management in the proposal guidance document. There are no existing management programs currently in operation in the State of Utah.

The State of Utah requires designers, inspectors, and maintainers to be certified. Installers are exempt from certification requirements. The Health Departments in the State or anyone contracted by the designer who is certified are responsible for conducting site evaluations for systems greater than 5,000 gpd before the system is installed. Percolation tests and soil characterization are required as part of the site evaluation process. Depending on the type of system and design capacity, procedures for percolation testing and soil evaluation are provided in the State code. If an inspection is requested by the homeowner, a representative from the local health department or a certified onsite professional will perform the inspection for a fee.

For single systems less than 5,000 gpd, permits are issued by the local health department. For group/community systems or systems greater than 5,000 gpd, permits are issued at the State level with concurrence of local authority. Permits issued within Utah are not tracked, this includes those for: new construction, repair of an existing system, and upgrade or modification to an existing system. Alternative/experimental/innovative technologies do not require a different permit from those of standard systems; however, alternate systems cannot be permitted until the local health department has applied and received approval from the State to administer alternative systems.

In Utah, SRF monies can be used to assist individual homeowners to replace a failing or malfunctioning system; however, monies are not available to assist homeowners to repair failing or malfunctioning systems or to construct new onsite wastewater treatment systems. For more information regarding availability of SRF monies please contact Mr. John Whitehead (801) 538-6014.

Onsite Training Programs are available through Utah State University please contact: Judy Sims Utah Onsite Wastewater Treatment Training Center Utah Water Research Laboratory 8200 Old Main Hill Logan, UT 84322-8400 (435) 797-3230 [email protected]

There is no onsite wastewater demonstration, research, or testing projects ongoing in the State of Utah. VERMONT

Ms. Allison Lowry, Principal Soil Scientist

Or

Mr. Frank O’Brien, Alternative Systems Engineer Vermont Agency of Natural Resources Wastewater Management Division 103 South Main Street The Sewing Building Waterbury, Vermont 05671-0405 (802) 241-4455 or (802) 241-3686 (respectively) (802) 241-2596 (fax) [email protected] [email protected]

http://www.anr.state.vt.us/dec/

Water System and Potable Water Supply Rules January 1, 2005 http://www.anr.state.vt.us/dec/ww/EngServ.htm#wwsapwsr

Onsite regulations for the State of Vermont were last updated January 1, 2005. There are currently no plans to revise the existing codes/regulations for the state of Vermont within the next year.

Vermont Code does not require management programs/contracts or management districts to monitor and maintain onsite systems or individual liquid waste systems except for most Innovative/Alternative Systems approved under the Rules. Under existing municipal ordinances or organization as a fire district, local agencies have authority to adopt/require maintenance/management programs. There are no state permits that depend on the existence of such a program.

The State of Vermont does require onsite professionals to be certified. Designers must be either licensed by the Secretary of Agency of Natural Resources (ANR), or be P.E.’s deemed to be compliant with ANR’s Designer License by the State Board of Professional Engineering. These are renewable certifications. Only licensed designers are licensed/certified to perform site evaluations/inspections. Ms. Lowry (above) can provide information about certified site technicians.

Periodic inspections are required by the state for investigating the performance and operation of onsite systems using performance based approaches only. Pre-inspection protocol is not required by the state for onsite wastewater systems. Periodic inspections are required by the state only for innovative systems or systems over 6,500 gpd. If an inspection is requested by the homeowner, a private consultant conducts the inspection for a fee. Inspectors are required to be certified. Certified technicians (people licensed by the Agency of Natural Resources who need no be engineers who are limited in the work they can do). Site evaluations are conducted by a licensed designer who prepares the design and submits it to the state for review. Percolation tests and soil characteristic tests are required as part of the site evaluation. The State will not consider third party certification for the approval of alternative/experimental systems. The state considers the information as part of the approval process, not as a substitute.

Permits are issued, and kept track of, by the State for construction, repair of existing system, and for upgrade or modification of all onsite systems. All systems will be regulated after July 2007. Anything other than an SFR on its own lot requires a permit. If the town also requires a permit, they need two. For SFR it depends on whether the lot needs a state permit for its creation. If yes, they will need both a state permit and a local town permit, if they have town regulations. Different permits are required for alternative/experimental/innovative technologies. A permit is required for the technology itself with general, pilot, and experimental categories of approval. A site specific permit incorporates the permit for the technology.

No funding program exists to assist homeowners either replacing failing systems or installing new ones, but legislation has been proposed. In the state, municipalities apply for funds that the municipality can use for such work and they are responsible for repayment. For more information on funding and financing contact:

Mr. Don Robisky Environmental Engineer Agency of Natural Resources Facilities Engineering Division (802) 241-3767 (802) 244-4516 [email protected]

Currently, there are no onsite training programs available in the state. However, new rules will require training for site technicians so training programs will be organized soon.

VIRGINIA

Mr. Donald Alexander, Director

Or

Mr. Allen Knapp, Program Manager Division of Sewage & Water Services Virginia Office of Environmental Health Services 1500 E. Main St., Rm. 115 Richmond, Virginia 23219 (804) 864-7452 or (804) 864-4029 (respectively) (804) 225-4003 (fax) [email protected] [email protected]

http://vdh.state.va.us/onsite/

Sewage Handling and Disposal Regulations July 1, 2000 http://vdh.state.va.us/onsite/regs.htm

Onsite regulations for Virginia were last amended in July 2000. The entire set of regulations are being rewritten to: 1) simplify, 2) provide for managed decentralized community system designs, and 3) to provide maintenance for all systems.

Discharge Regulations (Single Family Home systems discharging to state waters) are performance based in the State of Virginia. For circumstances where a technology is not listed within your state code, the regulations recognize a “provisionally approved” status for systems where there is a modest body of data supporting use to solve specific receiving environment limitations. There are also “experimental” approvals which can allow unproven but scientifically justified systems to be used on a limited basis. The Virginia Department of Health (VDH) has also approved the use of seasonal proprietary systems under the experimental and provisional testing portions of the regulations. There are systems that provide advanced wastewater treatment (beyond septic effluent) and utilize soil dispersal methods or designs that are not contained in the regulations. Some of these systems utilize soil absorption areas that are smaller than those prescribed in the regulations. One system successfully completed the experimental testing procedure and has received general approval for statewide use.

Virginia Code does not require management programs/contracts or districts for surface water. The regulations do not recognize Operation and Management districts but they have pilot projects and pockets within the State. Operation and Management is in place as part of the project approval. There are no plans to develop a statewide management program within the next year. For information pertaining to some of the pilot projects ongoing in the State of Virginia, please contact:

Mr. Jack Miniclere Director of Public Works Charles City County (804) 652-4730

The State of Virginia does require onsite professionals to be certified. To do a site evaluation one must become an Authorized Onsite Soil Evaluator (AOSE). To do a design you must be a PE or in some single family home circumstances an AOSE can do the design. AOSE certification is renewable every two years and requires CEUs. PE’s apparently are permanently trained (they’re regulated by another agency and no continuing education is required). All site evaluations are conducted by local health departments or by private Authorized Onsite Soil Evaluator (AOSE) for a fee. Percolation and soil characteristics are required as part of a site evaluation. As far as inspections are concerned, the person that designed the system generally inspects it. VDH does not charge for inspections because we do not have the authority to do so. AOSEs or PEs generally charge for their inspections.

Permits are issued, and kept track of, by the state for new construction, repair of existing system, and for upgrade or modification to existing systems. These permits are issued at the Local Level. For more information on permits, please contact Mr. Duke Price (above). Different permits are required for alternative/experimental/innovative technologies. The regulations have requirements for provisional and experimental systems.

The State does provide funding or financing options for individual homeowners for repair or replacement of a failing or malfunctioning system, but not for new construction of an onsite wastewater treatment system. Note: The Virginia Department of Housing and Community Development, distributes funds to local agencies through the Indoor Plumbing Rehabilitation Program and other housing-related programs that may be used to repair/replace inadequate or non-existent sewage systems.

For information regarding onsite training availability in the State of Virginia, please contact: Ms. Danna Revis 804 864-7461. For information about ongoing onsite wastewater demonstration, research, and testing projects contact:

Mr. Anish Jantrania, P.E., Technical Services Engineer Virginia Department of Health PO Box 2448, Room 115 Richmond, Virginia 23218-2448 (804) 225-1750 (804) 225-4003 (fax) [email protected] WASHINGTON

Mr. Brad Avy, Wastewater Management Program Manager

Or

Mr. Selden Hall, Public Health Advisor Washington State Department of Health Environmental Health Programs PO Box 47825 Olympia, Washington 98504-7825 (360) 236-3040 or (360) 236-3043 (respectively) (360) 236-2261 (fax) [email protected] [email protected]

http://www.doh.wa.gov/

Chapter 246-272 WAC Onsite Sewage Systems Rules and Regulations of the State Board of Health September 15, 2005 http://www.doh.wa.gov/ehp/ts/WW/pubs-ww-2.htm#onsite-regs

Washington’s Rules and Regulations were last updated September 15, 2005. Chapter 246-272A WAC is the latest revision and was approved by the State Board of Health on July 15, 2005, with different sections becoming effective at different dates.

There are a number of changes, some administrative, some technical. On the administrative side, one major change is how proprietary products are registered for use in the state. Formerly, this process was not in rule and now is in rule. In addition, the testing protocols and performance levels are clearly specified. Another key change is that local health jurisdictions, who administer these minimum state regulations, must develop and implement plans for the management of the onsite program, including the monitoring and maintenance of onsite sewage systems in their jurisdictions. For those jurisdictions that border the Puget Sound estuary, there are specific and detailed requirements.

On the technical side, changes include: additional treatment levels and distribution requirements based on site characteristics of soil type, vertical separation and horizontal separations; limitations on the use of disinfection for achieving the fecal coliform parameter of the treatment levels; inclusion of a total nitrogen treatment level; decreased loading rates for many soil textures; increased reliance on soil structure; and clear specification of what determines the treatment level/method of distribution and the loading rate to the soil.

Washington State Code specifies the treatment level and method of distribution base on the soil type available and vertical separation selected (or available). These treatment levels are not field compliance levels but product testing levels established by the national testing protocols listed in the rule and achieved treatment levels during the testing.

See tables below for treatment levels and a summary of the treatment level requirements:

In the State of Washington, the local health officer may only approve technologies that are described in rule, are listed with Washington State according to the listing process and for which a recommended standard and guidance document is available from the department.

Current rule requires a management entity when an Onsite Sewage System (OSS) serves more than one development (or home). Otherwise it is optional in the rule [246-272- 15501 (5)(a)(ii) and (iii). In the Recommended Standards and Guidance for most proprietary treatment technologies, there is a requirement for a maintenance contract. Compliance with this latter requirement is variable, and often poor.

The State of Washington does require onsite professionals to be certified. For designers and regulators who evaluate designs, there is a state licensing under the Board of Professional Engineers and Land Surveyors. For all others (installers, pumpers and O&M providers), the certification is with the local health jurisdiction. There is a state exam for designers and regulators. For all others, there is usually some sort of exam by the local health jurisdiction. Designers and regulators must renew annually.

Soil characteristics are the only method of evaluating soils specified in the rules. Percolation tests are rarely, if ever, used, unless the permeability of a soil horizon is in question. If an inspection is requested by the homeowner the new rule requires homeowners to assure a complete evaluation of the system components and/or property to determine functionality, maintenance needs and compliance with regulations and permits: 1) At least once every 3 years for all systems consisting solely of a septic tank and gravity subsurface soil absorption system (SSAS). 2) Annually for all other systems unless more frequent inspections are specified by the local health officer. For conducting site evaluations before an onsite system is installed the process varies by local health jurisdiction. The State rule allows only professional engineers, licensed designers or local heath officers to perform soil and site evaluations. Soil scientists may only perform soil evaluations. In Washington State, system design is based on soil characterization using soil log pits, and on other site features such as slope, items requiring horizontal setbacks and in some cases, annual precipitation. Site evaluations are usually performed by a licensed designer who submits a site plan and proposed design to the local health jurisdiction. The local health jurisdiction will then make a site visit to confirm soil descriptions, topography and other site features relevant to public health protection and then render a decision about the proposal by issuing a permit or returning the proposal back to the designer with comment. For further details, see section 246-272- 11001 of the rule.

Permits for systems with design flows up to 3500 gallons per day (gpd) are issued by the local health officer. For systems with design flows greater than 3500 gpd up to 14,500 gpd are reviewed and approved by the state Department of Health, except for about 5 local jurisdictions that do so by memorandum of understanding with the Department of Health. Systems with flows greater than 14,500 gpd come under the jurisdiction of the state Department of Ecology.

As of September 15, 2005, experimental systems are no longer allowed in the state. Beginning July 1, 2007, the local health officer may issue a product development permit for any proprietary treatment component or sequence for product developers to explore and develop new technologies prior to product testing and registration. It will not be an alternative to the testing and registration process specified in the rule.

Alternative systems are not defined in the new rule. Systems will be categorized by the type of effluent they are designed to treat (e.g. typical residential strength, high strength, black water component only, or total nitrogen reduction in residential or high strength effluents), and by the treatment level they achieve during testing according to the protocol specified for the category of effluent.

There is funding or financing options for homeowners for the repair or replacement of a failing or malfunctioning onsite system, but not for construction of a new system. Several counties, including Thurston, Kitsap, and Jefferson have revolving funds. Contact the following for information concerning funding and financing to assist individual homeowners:

Mr. Dan Filip Department of Ecology Water Quality Financial Assistance (360) 407-6509 [email protected]

Or

Mr. Selden Hall, at the address above.

Onsite training programs are available throughout the state. Both of the following offer a variety of classes on onsite sewage, for information, please contact:

Mr. David Lenning Washington State Department of Health PO Box 47825 Olympia Washington 98504-7825

Mr. John Thomas, Executive Director WOSSA PMB 856 Suite #10 2315 N Pearl Street Tacoma, Washington 90406 253-297-2837 [email protected]

Currently, no funded onsite wastewater demonstration, research or testing projects exist in the State. However, the Burnett National Onsite Demonstration Project (NODP) site still exists.

Burnett NODP 11414 26th Place SE Everett, Washington 98205-2586 (425) 334-3358

WEST VIRGINIA

Mr. Rick Hertges, Director WV Bureau for Public Health Sanitation Office of Environmental Health Services Public Health Sanitation Division One Davis Square, Suite 200 Charleston, West Virginia 25301-1798 (304) 558-8457 (304) 558-6020 (fax) [email protected]

Or

Mr. Mark Whittaker WV Bureau for Public Health Office of Environmental Health Services Fairmont District Office 107-109 Adams Street, Rm. 512 Fairmont, West Virginia 26554 (304) 367-2787 [email protected]

http://www.wvdhhr.org/phs/sewage/index.asp

WV CSR 64, Series 9 Sewage Rules May 1998 http://www.wvsos.com/csr/verify.asp?TitleSeries=64-09

WV CSR 64, Series 47 Sewage Design Standards July 2003 http://www.wvsos.com/csr/verify.asp?TitleSeries=64-47

Onsite regulations for West Virginia were last amended in May 1998 and July 2003. Currently, neither of these regulations are under review nor will they be under review by June 30, 2007.

Currently, West Virginia does not follow performance based codes for the selection of any (or all) technologies; however, the state is trying to get a product verification protocol into place. Technologies not listed in the current State Code may be allowed conditionally by sewage program policy only. Normally, unlisted technologies are reserved for repair of failing systems.

West Virginia Code does require management programs/contracts or districts to monitor and maintain onsite systems or individual liquid waste systems, mostly for surface discharging systems, or systems where additional treatment is required. Currently, there are three counties within the State of West Virginia that are considering implementing or instituting a countywide onsite management district.

The State of West Virginia requires that onsite professionals be certified. Class I Certification is required for the installation of conventional gravity systems; a Class II Certification is required for all alternatives. These certifications are required to be renewed every 5 years.

All new installations are inspected by the County Health Sanitarian. Inspection of new installations are free; however, if a homeowner requests an inspection, the local health department and/or private evaluator performing the inspection will generally charge a fee of $35.00. Almost all counties charge a fee for the evaluation. The local health departments in 39 out of the 55 counties, and private inspectors in the other counties do any inspections conducted. The remaining 16 counties have private inspectors and/or individuals to conduct these inspections. Onsite inspectors are not required to be certified. Site evaluations are also conducted by the local health departments. Percolation tests and soil characterization tests are required as part of the site evaluation. Certified installers either Class I or Class II perform initial site evaluations and percolation tests. The County Sanitarian then evaluates the results for permit potential. The soil evaluation process is for determining the depth to bedrock or the seasonal high water table. Detailed soil characterization is not required.

Permits are issued, and kept track of, for new construction, repair of existing system and for an upgrade or modification of onsite systems. Permits for subsurface discharge with flows at 3,000 gpd or less, are issued by the local health department. For surface discharges over/under 600 gpd, the state health departments issue the permits. The State will consider third party certification when protocol is finally put into place. Alternative/experimental/innovative technologies require different permits in some cases, mostly with surface discharge.

No funding program exists statewide to assist homeowners either replacing a failing system or installing a new one, nor are there any state revolving funds or other financing options available to homeowners.

West Virginia does have onsite wastewater demonstration, research and testing projects, as well as onsite training programs ongoing in the state. Onsite training programs include: Sanitation Training, Class I and Class II Septic Tank Installer Training, and Onsite Inspector Training. The facility, housing both programs, is located at the Chestnut Ridge Regional Park, in Monongalia County, WV. Contact Mr. Clement Solomon at (304)-293- 4191 ext. 5566 or Mr. Hertges at the address listed above for information regarding both programs.

WISCONSIN

Mr. Roman A. Kaminski, Program Manager State of Wisconsin Department of Commerce Bureau of Program Development 2715 Post Road Stevens Point, Wisconsin 54481 (715) 345-5334 (715) 345-5269 (fax) [email protected]

Or

Mr. Leroy Jansky, Wastewater Specialist State of Wisconsin Department of Commerce 13 E. Spruce Street Chippewa Falls, Wisconsin 54729 (715) 726-2544 (715) 726-2549 (fax) [email protected]

http://badger.state.wi.us/agencies/commerce/

Private Onsite Wastewater Treatment Systems February 2004 http://www.legis.state.wi.us/rsb/Code/comm/comm081.html

As of March 2006, onsite wastewater regulations for the State of Wisconsin were current and in effect with no planned revisions reported. To access the full Wisconsin Code, please use the above URL.

The State’s code includes performance requirements for influent, effluent, particle size (1/8”), and freezing issues. A product review process exists that allows voluntary submittal of products and technologies not listed within code for review and approval. Reference Chapter Comm. 84, Wis. Adm. Code for information on this process.

Wisconsin State Code requires management programs/contracts or districts to monitor and maintain onsite systems or individual liquid waste systems. All onsite systems approved after July 1, 2000, must include a management plan that lists maintenance requirements. Maintenance contracts are required if service, inspection, or maintenance is required more than once a year by the system designer or component manufacturer stipulation(s). Evidence of this contract must be recorded with the deed. The State does require onsite professionals to be certified; certifications include: Certified Soil Testers, Licensed Plumbers (Installers), Certified Inspectors, and Registered Maintainers. Certifications are renewable and subject to Continuing Education requirements. Soil/site evaluations are conducted by private “Certified Soil Testers” and work can be verified by State and local regulators. Soil characterization is required as part of the site evaluation process; percolation tests were eliminated in 1994. Certified Soil Testers conduct the soil/site evaluation, prepare a report and submit it to the county. The report is used by the designer/installer to prepare system designs. The site/soil evaluation can be verified by state/local regulators.

If a status check is requested at the time of real estate transfer for the onsite system, anyone can do the inspection depending on what the lending institute desires as this is currently an unregulated activity. Costs for the inspection vary.

State Sanitary Permits are issued by counties that are agents for the State; permits are issued by the department for state-owned facilities. Permits issued state-wide for new construction and the upgrade or modification to an existing system are tracked; however, permits are not tracked for the repair of existing systems. Please contact Mr. Kaminski (above) for more information.

The review process for experimental technologies not listed in Wisconsin Code is more robust; however, the permit is the same as those issued for standard systems.

At this time, SRF monies are not available to assist individual homeowners to: repair a failing or malfunctioning system; replace a failing or malfunctioning system; or to construct a new onsite wastewater treatment system. SRF monies are handled by the Department of Natural Resources and inquiries regarding this subject should be directed to this department by calling (608) 266-2621 (main line).

A variety of Onsite Training Programs are available throughout the State for all credentialed individuals. Programs range from Code Update courses to Specialized Training in soils, designs, and inspection. Please contact Mr. Kaminski (above) for further information. There are currently no demonstration and/or research projects ongoing in the State of Wisconsin.