NDACo recommends changes for on-site sewage regulation

The interim Commerce Committee met this week to explore ways to improve on-site sewage treatment system regulation and address areas of concern. Dave Glatt, Director of North Dakota Department of Environmental Quality (DEQ) provided testimony. Glatt endorses local public health wishes to have a state-wide uniform code to provide more consistency for installers across district lines. He noted additional elements that need to be determined is the local/state relationship in terms of responsibilities, licensing and training requirements, and enforcement. Presenting comments from the installer perspective, Tom Schimelfenig, ND Onsite Wastewater Recycling Association, noted they are looking for fairness. The statewide uniform code, licensing, equitable representation on the technical advisory board, education requirements, and vendor approval for acceptable products were some of his stated concerns.

Aaron Birst, NDACo distributed a bill draft developed through discussions with DEQ and local public health units. The bill draft could serve as a starting point for the interim committee's consideration.

Lisa Clute, First District Health Administrator, stood in favor of the bill draft shared by NDACo. She

commented that the State needs to take a more active role and supports the State handling the licensure of installers along with a statewide database.

Chairman Louser appreciated the work that had been done by the stakeholders and the cooperation for mutual benefit.

The proposal brought forward by NDACo recommends the following:

• DEQ will be responsible to license on-site waste installers; local public health districts would no longer issue licenses.
• DEQ will have a role in providing training
• Creates a formal technical advisory board made up of licensed installers, plumbing board members, DEQ, public health, etc. The board would set statewide rules.
• Provides a penalty for violations
• Local public health districts role of permitting remains

A resolution approved by NDACo and NDCCA members supports this change. The resolution states:

2019‐15. Sewage Treatment Systems. North Dakota Administrative Code outlines standards and requires licensing for the installation of onsite sewage treatment systems, placing responsibility for these standards with the State Board of Plumbing. The plumbing board has limited staff and has sought few changes to the standards since 2000, causing their use and enforcement to vary across the state. This Association supports legislation moving responsibility for statewide minimum standards and installer licensing to a single state agency provided with adequate resources to fulfill the responsibilities. Further this Association supports the development and adoption of updated statewide onsite sewage treatment standards which allow for modification to address local conditions, and for uniform statewide educational requirements. However, this Association believes that responsibility for local licensure and inspections remain with the local public health unit and the fees supporting that activity be retained locally.