Jones/Righter/Watson Counter New Homeowner Septic Regulations That Would Cost Downstate

August 17, 2006

Springfield.….State Senators John O. Jones (Mt. Vernon), Dale Righter (R-Mattoon), Senate Republican Leader Frank Watson (R-Greenville) and Representatives David Reis (R-Ste. Marie) and Roger Eddy (R-Hutsonville) Wednesday unveiled legislation they are introducing to prevent area homeowners from being forced to shell out hundreds and even thousands of dollars on proposed testing fees on septic tanks.

“This is a critical issue for rural residents because these permits involve extensive and costly testing, which could end up costing our constituents thousands of dollars,” Jones said. “Senator Righter and I are pushing legislation to protect area residents from having to pay these exorbitant testing fees.”

At issue is an Illinois Environmental Protection Agency (IEPA) proposal to impose a National Pollutant Discharging Elimination System Permit (NPDES) requirement on all surface discharging septic systems (septic tanks), which are most commonly found in rural downstate Illinois.

In a press conference Wednesday, the Senators explained that under the IEPA proposal, homeowners and developers would have to file a Notice of Intent to install a regulated septic system, and overcome a number of obstacles when installing surface discharging systems, including a series of tests and inspections costing a homeowner at least $500 per year. In addition, the IEPA is attempting to subject existing homeowners to the proposed rule change.

“These proposed rule changes do not exempt existing homeowners, which means the cost of living will go up for every person with a surface discharging septic system,” Representative Reis said. “Escalating gas prices, rising utility costs and skyrocketing property tax bills are already taking their toll on area families. The last thing we need to do is to place even more financial burdens on local homeowners.”

Furthermore, the proposal would mandate that the IEPA approve a permit application before the local health department could approve a building permit, a process that could take up to 30 days, and septic tank systems would be approved only as a last resort.

“The IEPA’s proposed regulations arrive at a time when we are trying to protect consumers from rising prices,” Representative Eddy said. “Why would we – at a time when costs are up – add yet another substantial expense for taxpayers to shoulder?”

The legislation (SB 3187) stipulates that the owner of any private sewage disposal system with a surface discharge that does not leave the property or directly enter the navigable waters of the State would not be subject to NPDES permit requirements.

“We have been fighting this battle for a long time," said Jesse James, president of the Onsite Wastewater Professionals of Illinois (OWPI). "There have been attempts to make these rule changes in the Legislature and fortunately those attempts have been unsuccessful. But now the IEPA is trying to change the rules administratively, which will cost homeowners dearly unless the Legislature intervenes. I applaud Senators Jones and Righter for their efforts to pass this legislation to protect rural residents.”

Righter explained that while the IEPA claims the new regulations are required by the provisions of the federal Clean Water Act and the United States Environmental Protection Agency, no specific direction on that issue has come from the federal government. Additionally, several local county health departments in Illinois, as well as the Onsite Wastewater Professions of Illinois, are speaking out against the proposal.

Jones pointed out that 95% of 140,000 surface discharging septic systems in Illinois are located in downstate Illinois. While the IEPA estimates the annual cost to test these systems to be between $166 and $234, the Onsite Wastewater Professionals of Illinois say the cost to homeowners could be as much as $500 per year. Additionally, if homeowners fail the testing they will be required to have their system retested every 30 days at their own expense.

“This regulation would place upon these residents—some of the most impoverished in Illinois—a significant financial burden,” Jones said. “Septic tanks are an attractive sanitary option to homeowners because they are much more affordable to install than other types of systems.”

The most problematic septic systems can be found at homes built before the Clean Water Act of 1972. Also the clay soil found in many parts of Southeastern Illinois would make it nearly impossible for homeowners to completely comply with the proposed new rule changes. Several county boards, including those in Shelby, Macoupin and Jasper counties, have already adopted resolutions opposing the IEPA regulation changes.

“Most owners of these systems live in rural areas of the state where they do not have access to a municipal sewer system,” Righter said. “It would be unfair to require them to submit to this kind of burdensome testing and expense, particularly when there is no clear evidence that these systems pose any true health hazard." Jones and Righter said they will be pushing this legislation during the Fall Veto Session. Senate Bill 3187 is modeled after Senate Bill 2720 that was introduced last spring. The House version of the legislation (HB 5822) has also been filed.

National Pollutant Discharge Elimination System (NPDES) Fact Sheet
(Summary: what it means to the homeowner.)
Source: Onsite Wastewater Professionals of Illinois

Why is this being proposed?
The USEPA Region 5 has informed the Illinois EPA that the types of surface discharges from homeowner septic systems violate the federal Clean Water Act and threaten contamination to the streams and rivers of the United States. The Illinois EPA has stated that 150,000 septic system surface discharges exist in Illinois.

Is the health department responsible for meeting these requirements?
No! Homeowners are responsible for everything from record keeping to payment of bi-annual testing and inspection.

My system is already installed so this has nothing to do with me.
Incorrect, these proposed regulations effect all existing surface discharging systems and systems yet to be installed.

What test would be required?
A battery of five tests are required by the permit; Biological Oxygen Demand (BOD), Suspended Solids, pH, fecal coliform, and Chlorine Residual.

What will the cost be for testing?
The Onsite Wastewater Professional’s of Illinois have estimated the cost to be $ 500.00.

Why so much?
Samples have to be taken twice a year and be analyzed within six hours to be considered valid. Samples cannot be sent overnight therefore, they must be couriered to a lab.

Will my system pass these tests?
Probably not. The testing is performed with a Grab (catch) sample. This is not representative of the average discharge in which your system was analyzed and tested by The National Sanitation Foundation.

If my system doesn’t pass what then?
You will then be required to resample every 30 days until the sample meets satisfactory standards.

Will I have to pay again for re-sampling?
Yes.

Why won’t my system pass?
The standards set for sampling by the permit is based on laboratory testing conducted by the National Sanitation Foundation under ideal conditions. Frankly, each household waste differs from family to family residing in the home.

So, are people getting sick from this discharges?
No. The discharge is a clear-water discharge resembling rainwater or tap water. It is colorless and odorless. It would not be considered safe for drinking because of its bacterial qualities but, as the discharge dries up by percolation and evaporation, bacteria dies off. Therefore, posing very little risk of disease.

What are the other requirements of the permit?
Homeowners will be required to have maintenance agreements and maintain records of having the system inspected and sampled twice a year. Only approved chlorine tablets labeled for use in disinfection of wastewater shall be used. A flow meter or other devices may be required to be installed. Permits are non-transferable. Therefore, an application must be made to the IEPA upon buying a home with this type of system by the new homeowner.