The Chesapeake Bay Foundation this week expressed its opposition to House Bill 1325 (Maloney-R-Berks) removing anti-degradation requirements for new onlot septic systems located in High Quality and Exceptional Value watershed.

In a letter to House Environmental Resources and Energy Committee Chairs Rep. Ron Miller (R-York) and Rep. Greg Vitali (D-Delaware), Harry Campbell, Executive Director of CBF’s Pennsylvania office said--

“Individual and community on-lot sewage systems provide important protections to our local public health and water quality when systems are properly placed and maintained. Since on-lot sewage systems are considered nonpoint sources of treated waste discharge in Pennsylvania, it is essential that placement of such systems in areas where there are High Quality and Exceptional Value (hereinafter “HQ/EV”) waters adhere to the antidegradation requirements employed to other proposed nonpoint sources. Antidegradation requirements are important methods to ensure that the Commonwealth’s most pristine waterways remain HQ/EV watersheds.

“House Bill 1325 suggests that once an individual or community on-lot sewage system is approved pursuant to the Pennsylvania Sewage Facilities Act, it should be deemed to have met the antidegradation requirements established by the Department of Environmental Protection through regulation. CBF has reservations that this approach removes important scientific oversight and, thus, has the potential to degrade the biological and chemical quality of streams in HQ/EV watersheds.

“Pennsylvania has made significant commitments to control the water quality impacts in its plan to meet Chesapeake Bay cleanup milestones. This “Blueprint” to reduce nitrogen, phosphorus and sediment from our local waterways is an essential component if we hope to improve the waters of the Commonwealth and meet requirements to clean up the Bay. These efforts will not be possible if we fail to recognize the impact individual and community on-lot sewage systems have in contributing pollutants like nitrogen and phosphorus into the Commonwealth’s local river and streams.

“On-lot sewage systems are mainly used for the removal of pathogenic properties of sewage to protect human health, with only nominal removal of other pollutants, particularly nitrogen and hormone- disrupting compounds from pharmaceuticals and personal care products which are feared to be contributing to intersex fish phenomena. Even though such systems are often effective at removing phosphorus pollution from the waste stream, eventually the soils in on-lot drainage fields can lose that ability over time, thereby allowing phosphorus to continue to pollute local waterways. In fact, today, over 3,310 acres of lakes and 205 miles of streams are impaired in the Commonwealth due to on-lot system discharges, according to Pennsylvania’s 2012 Integrated Waters List.

“Failure to ensure that new systems built in HQ/EV watersheds meet antidegredation requirements may lead to future impairment of the Commonwealth’s most pristine water systems and ultimately lead to local communities needing to spend money to restore what had once been pristine.

“House Bill 1325, as currently drafted, would remove new development with on-lot systems from an important component of Pennsylvania’s Clean Streams Law and federal Clean Water Act requirements. At a minimum, the term “community on-lot sewage system” must be removed because the sheer volume of discharge in the drainage field could eventually overload the soils ability to prevent pollutants carried into the local streams and rivers.

“While House Bill 1325 attempts to address issues surrounding new development and the need for sewage systems, CBF believes further thought and analysis of the issue could lead to a better approach to this conundrum without jeopardizing local water quality. Now is the time to engage in a thorough review of local land use planning and the improper and inconsistent land use management in some of our communities. Assurances that new developments occur within existing or as extensions of local sewer service areas to deal with sewage needs of new development, offsetting of new on-lot pollutant loads through the induction of an impact fee to be used within the same watershed, and the incorporation of on-lot pollution prevention technologies are all valid approaches.

“As such, CBF would like to offer its objections to the passage of House Bill 1325 before the House Environmental Resources and Energy Committee suggests a no vote to move this important piece of legislation out of Committee and before the full House of Representatives for passage.”

House Bill 1325 was voted out of the House Committee by a vote of 17 to 7 and now goes to the full House for consideration.  Representatives Greg Vitali (D-Delaware), Becky Corbin (R-Chester), Chris Ross (R-Chester), Matt Bradford (R-Montgomery), Jordan Harris (D-Philadelphia), Steven McCarter (D-Montgomery), and Steve Santarsiero (D-Bucks) voted against the bill.

A similar bill was introduced in the Senate on Wednesday--  Senate Bill 946 (Baker-R- Luzerne).

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5/20/2013