Sponsored by:
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Prohibits DEP from requiring installers of individual subsurface sewage disposal systems to possess certain certification.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certification requirements for certain installers of individual subsurface sewage disposal systems, and amending P.L.2017, c.112.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2017, c.112 (C.58:11-36.1) is amended to read as follows:
1. a. Notwithstanding the provisions of the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.), or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protection shall not require an installer of an individual subsurface sewage disposal system, using (1) products approved by the department in lieu of laterals or filter material, (2) an advanced wastewater pretreatment device, or (3) a drip dispersal system, to be in possession of a valid Certified Installer of Onsite Wastewater Treatment Systems (CIOWTS) Advanced Level certification from the National Environmental Health Association (NEHA).
b. The provisions of subsection a. of this section shall become inoperative upon the adoption, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), of rules and regulations by the department instituting credential requirements for all installers of individual subsurface sewage disposal systems.
(cf: P.L.2017, c.112, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would amend current law to prohibit the Department of Environmental Protection (DEP) from requiring certain installers of individual subsurface sewage disposal systems to possess a valid Certified Installer of Onsite Wastewater Treatment Systems (CIOWTS) Advanced Level certification from the National Environmental Health Association (NEHA).
Current law (P.L.2017, c.112, C.58:11-36.1) prohibits the DEP from requiring installers of individual subsurface sewage disposal systems, using products approved by the DEP in lieu of laterals or filter material, from having this certification. However, DEP, by regulation (N.J.A.C.7:9A-3.17), requires authorized installers of "advanced wastewater pretreatment devices" (N.J.A.C.7:9A-8.3) and "drip dispersal systems" (N.J.A.C.9A-10) to possess this certification from NEHA. These installers are not covered by the prohibition in current law. This bill would prohibit the DEP from requiring installers of "advanced wastewater pretreatment devices" or "drip dispersal systems" to have NEHA certification, as NEHA is no longer offering CIOWTS certification.