Oklahoma Certified Installers Association
OCIA Proposal
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September 18, 2007 Hand Delivery
Mr. Steve Thompson
Executive Director
Oklahoma Dept. of Environmental Quality
707 N. Robinson - 7th Floor
Oklahoma City, OK 73101
Re: OCIA’s proposed on-site sewage system legislation
Dear Director Thompson:
Last Spring you invited Bill Warden and me to draft for your consideration and input some proposed legislation to address issues concerning certified installers. I am pleased to present a draft approved by the board of the Oklahoma Certified Installers Association.
The enclosed proposal is the work of the OCIA board. It is intended to simplify and improve the on-site sewage program to benefit the homeowners and your Department as well as the installers. Many of the issues concern the difficulties in regulating aerobic treatment systems, and so much was borrowed from the highly successful and nationally-recognized aerobic treatment program in Texas.
I trust that you will find this proposal to be worthy of our combined support in the next legislative session. I will email to you an electronic copy of the text to facilitate additions that you and your staff wish to propose, and we look forward to working with you to develop final language for submittal. If you have questions or comments, please do not hesitate to contact me.
Respectfully, Robert D. Kellogg
Attorney for the OCIA
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PROPOSAL ... = strikeout
On-Site Sewage Treatment Legislation
Proposed September 18, 2007
OCIA believes this legislation is necessary for a sound private sewage treatment program. Section one is a new law for the appropriate and proper regulation of aerobic systems, modeled after Texas law.1 Section two contains amendments to the existing certified installers law that are needed to cure deficiencies that have been revealed during six years of experience.SECTION ONE. New Law, 27A O.S. § 2-6-404. [Aerobic sewage treatment systems]
A. Purpose. Where a dwelling does not have access to a public or community sewage treatment system, and its land is not suitable for a subsurface sewage treatment system, then a properly installed and maintained aerobic sewage treatment system (an “Aerobic System”) could be suitable. Although Aerobic Systems can safely treat sewage, they are mechanical devices that require continuing maintenance and repair to avoid odors and health hazards from applying improperly treated sewage on or under the ground. It is the purpose of this section to provide for the proper installation, maintenance and repair of aerobic treatment systems so that otherwise unsuitable lands may safely be used for dwellings without exposing the occupants and neighbors to sewage hazards.
B. Notice and Permit. After September 1, 2008, the Department shall not approve the operation of a new Aerobic System until the owner of that system has provided for its proper maintenance and repair and filed a notice of aerobic sewage treatment in the land records. The notice to be filed in the land records shall state that an aerobic sewage treatment system has been installed and requires maintenance according to Department regulations.
C. Certification. Aerobic System installers, and maintenance and repair technicians, must be certified by the manufacturers of Aerobic Systems that they install or maintain and repair. Manufacturers of Aerobic Systems shall not unreasonably withhold certifications from persons who have successfully completed such training as required by Department regulations. Any person who is certified by the manufacturer and who has installed two Aerobic Systems approved by the Department is eligible to be certified as an installer pursuant to 59 O.S. § 1158.
D. Proper installation, maintenance and repair. All Aerobic Systems shall be installed by a person certified by the manufacturer. All Aerobic Systems shall be maintained and repaired as required by Department regulations, either according to a maintenance contract between the homeowner and a maintenance provider registered with the Department, or by a trained homeowner.
E. Homeowner maintenance. Homeowners may elect to maintain and repair their own single-family Aerobic System if according to Department regulations they have successfully completed training from the manufacturer or installer of their system.
F. Aerobic System testing. Aerobic Systems shall be periodically tested according to Department regulations.
G. Aerobic Systems installed before September 1, 2008. The Department shall notify owners of Aerobic Systems installed prior to September 1, 2008, that they must (1) test their system for dissolved oxygen in the treatment tank or for color, odor and clarity in the treatment and pump tanks within 6 months after receiving a request from the Department, and (2) within one year thereafter either enter into a maintenance contract with a registered maintenance provider or qualify for homeowner maintenance as described in paragraph E of this Section and file a notice in the land records that an Aerobic System has been installed on the land. The Environmental Quality Board may promulgate rules to modify these test parameters if new technology can simplify the tests and reduce the costs without a loss of precision.H. Compliance. Registered maintenance providers shall annually provide the Department with a list of their Aerobic System customers, and manufacturers and installers shall annually provide the Department with a list those who qualify for homeowner maintenance. Any person who owns an Aerobic System that is more than one year out of compliance with the provisions of this Section must within 30 days of notice from the Department have their Aerobic System tested according to Department regulations and provide for its proper maintenance and repair.
I. Regulations. The Environmental Quality Board shall promulgate regulations described in this Section.
SECTION TWO, Amendatory, 59 O.S. 2001, § 1158. Certified installers.
A. On and after July 1, 2002, any person, before engaging in the installation of individual sewage disposal treatment systems, shall first obtain certification from the Department of Environmental Quality under such rules as may be promulgated by the Environmental Quality Board. The provisions of this subsection shall only apply to persons who individuals, families or businesses that install more than ten five individual sewage disposal treatment systems per calendar year; provided that such individuals, families or businesses must possess a performance bond in the penal amount of $10,000, the proceeds from which the Department can use to correct systems that do not comply with the construction rules of the Department. As used in this section, "individual sewage disposal treatment systems" means a sewage disposal system that serves an individual residence or duplex and is not available for use by to the general public.
B. Environmental Specialists employed by the Department of Environmental Quality may perform soil profile descriptions to design for individual and other subsurface sewage disposal treatment systems. Any other individual choosing to perform such soil profile descriptions to design individual and other subsurface sewage disposal systems shall first be certified by the Department of Environmental Quality under such rules as may be promulgated by the Environmental Quality Board.
C. The Environmental Quality Board shall promulgate rules that shall include, but not be limited to, the following:
1. Establishment of Establish minimum requirements for each type of certification to test soils for individual treatment systems, for certification to install aerobic systems and/or other surface and subsurface systems, and for registration to maintain and repair aerobic systems;
2. Establishment of Establish a procedure and schedule for the assessment of to assess penalties for failure to comply with this section or rules promulgated pursuant thereto;
3. Establishment of Establish procedures for suspension, revocation and nonrenewal of a certification or registration; and
4. A requirement that an annual fee, as set by the Environmental Quality Board Establish fees, pursuant to Section 2-3-402 of Title 27A of the Oklahoma Statutes, shall be paid to the Department of Environmental Quality for each certification for certification testing, for initial certification and for certification renewal every two years; and for the filing of a percolation test or soil profile that shall constitute approval for a certified installer to commence construction of an individual sewage treatment system on a particular tract of land.
D. The Water Quality Management Advisory Council shall recommend proposed rules to the Environmental Quality Board pursuant to Section 2-2-201 of Title 27A of the Oklahoma Statutes.
E. The Department of Environmental Quality may, after notice and opportunity for a hearing pursuant to the Administrative Procedures Act, assess administrative penalties and may revoke, suspend or deny renewal of a certification or registration pursuant to Section 2-3-502 of Title 27A of the Oklahoma Statutes for any violation of this section or rules promulgated pursuant thereto. Such administrative penalties shall be deposited as provided in Section 2-3-401 of Title 27A of the Oklahoma Statutes.
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1 Chapter 366 Texas Health & Safety Code; Chapters 30 & 285 of TCEQ regulations