ON-SITE WASTEWATER TREATMENT SYSTEMS S.B. 753:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 753 (as introduced 2-5-14) (enacted version)
Sponsor: Senator Bruce Caswell
Committee: Local Government and Elections
CONTENT
The bill would amend Part 31 (Water Resources Protection) of the Natural Resources and Environmental Protection Act to exempt a municipality from the Act's remedies and penalties for an unauthorized discharge from three or fewer on-site wastewater treatment systems.
Part 31 prohibits a person from discharging into the waters of the State a substance that is or may become injurious to the public health, safety, or welfare; domestic, commercial, industrial, agricultural, recreational, or other uses that are being or may be made of the waters; the value or utility of riparian land, livestock, wild animals, birds, fish, aquatic life, or plants; or the value of fish and game.
Further, the discharge of any raw human sewage into the waters of the State is prima facie evidence of a violation of Part 31 by the municipality in which the discharge originated, unless the discharge is permitted by an order or rule of the Department of Environmental Quality (DEQ). (Prima facie evidence is evidence sufficient to establish a given fact unless it is rebutted or contradicted.) If the discharge is not the subject of a valid permit, a municipality responsible for the discharge may be subject to the remedies under Section 3115 (described below). If the discharge is the subject of a valid permit, and is in violation of it, a municipality responsible for the discharge is subject to the penalties provided in that section.
Notwithstanding these provisions, however, a municipality is not responsible for or subject to the remedies provided in Section 3115 for an unauthorized discharge from a sewerage system as defined in Section 4101 that was permitted under Part 31 and owned by a party other than the municipality, unless the municipality has accepted responsibility for the system in writing and, with respect to the civil fine and penalty under Section 3115, has been notified in writing by the DEQ of its responsibility for the system. Under the bill, a municipality would not be responsible or subject to the remedies or penalties provided in Section 3115 for such a discharge or for a discharge that was from three or fewer on-site wastewater treatment systems.
The bill would define "on-site wastewater treatment system" as a system of components, other than a sewerage system as defined in Section 4101, used to collect and treat sanitary sewage or domestic equivalent wastewater from one or more dwellings, buildings, or structures and discharge the resulting effluent to a soil dispersal system on property owned by or under the control of the same individual or entity that owns or controls the dwellings, buildings, or structures.
(Under Section 4101, "sewerage system" means a system of pipes and structures including pipes, channels, conduits, manholes, pumping stations, sewage or waste treatment works, diversion and regulatory devices, outfall structures, and appurtenances, collectively or severally, actually used or intended for use by the public for the purpose of collecting, conveying, transporting, treating, or otherwise handling sanitary sewage or other industrial liquid wastes that are capable of adversely affecting the public health.)
BACKGROUND
Under Section 3115 of the Natural Resources and Environmental Protection Act, the DEQ may request the Attorney General to commence a civil action for appropriate relief for a violation of Part 31 or a provision of a permit or order issued or rule promulgated under Part 31. In addition to any other relief, the court must impose a civil fine of at least $2,500 and may award reasonable attorney fees and costs to the prevailing party. The maximum fine the court may impose is $25,000 per day of violation.
Additionally, a person who at the time of the violation knew or should have known that he or she discharged a substance contrary to Part 31, or contrary to a permit, order, or rule, is guilty of a felony and must be fined between $2,500 and $25,000 for each violation. The court may impose an additional fine of up to $25,000 for each day the unlawful discharge occurred. For a subsequent conviction, the court must impose a fine of between $25,000 and $50,000 per day of violation. The court also may sentence the defendant to imprisonment for up to two years or impose probation.
The court must impose an additional penalty if it finds that a defendant's actions pose or posed a substantial endangerment to the public health, safety, or welfare. In a civil action, the court must impose an additional fine of between $500,000 and $5.0 million. In a criminal case, the court must impose an additional fine of at least $1.0 million and a sentence of five years' imprisonment.
Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on the Department of Environmental Quality, and a minor, but positive, fiscal impact on local units of government. Under the bill, municipalities would not be subject to remedies and penalties for unpermitted discharges of raw sewage as long as they originated from three or fewer on-site wastewater treatment systems. Presumably, liability for these releases would fall on the owner of the on-site wastewater treatment systems where the discharge originated, which would have a positive fiscal impact on any municipalities where this type of discharged occurred. Data on how many discharges would be affected by the bill, and the dollar amounts for any associated civil penalties, are not available at this time.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.