Committee reviews Senate Bill 2267 to centralize on-site wastewater rules under DEQ

The House Natural Resources Committee on Oct. 12 heard a briefing on Senate Bill 2267, which would make the Department of Environmental Quality (DEQ) the sole state agency responsible for developing statewide on-site wastewater rules, licensing installers and enforcing those rules.

DEQ representative Michael Glott said the bill would “give the DEQ the sole responsibility for the development of the code and licensing,” and would move authority away from local public health units. Glott said the proposal includes a one-time appropriation of $99,500 for the next biennium to pay DEQ costs for rule development and temporary staff time and would allow DEQ to collect licensing fees to fund operations. The draft also mirrors existing statute by allowing civil penalties of up to $12,500 per day for egregious violations.

Committee members pressed for safeguards for established, functioning septic systems. Representative Hedlund asked whether the measure would require owners of functioning systems that do not meet a new standard to replace them; Glott pointed to provisions labeling some systems as “conforming” or “nonconforming” and said the intent was to allow repair of existing, functioning systems rather than forcing full replacement. He said, “If you had an established working septic system ... it works. Let it go.”

Members and DEQ staff also discussed the approach to rulemaking and appeals: Glott described a process that would engage installers and local public health units during rule development, then go to public comment and the administrative rules committee. He said DEQ would serve as an “arbitrator” if an installer and a local public health unit disagreed about compliance with adopted rules.

Committee members asked DEQ to compare a House subcommittee draft labeled “02/2001” with the version filed in the Senate and return with a side-by-side list of differences. Chairman Porter and staff directed DEQ to meet with the bill sponsor in the Senate and bring amended language back to the committee; Glott said he expected to return with a side-by-side comparison.

No formal vote on SB 2267 occurred in the committee today. The committee recorded that DEQ staff will review the 02/2001 draft, meet with the Senate sponsor and return with proposed amendments; the committee also asked for a report to the committee before the next session on whether the initial funding proved sufficient.

The discussion also referenced statutory language used in prior drafts regarding standards for on-site wastewater systems and protections for nonconforming systems; committee members asked staff to ensure those safeguards are retained in any amendments.

The committee scheduled follow-up consideration for the next meeting day so staff and DEQ could complete a side-by-side comparison and bring clarifying amendments.