Failing Septic Systems: Problems and Solutions Protect Our Waters 2003 Legislative Session Minnesota Center for Environmental Advocacy Minnesota Environmental Partnership Minnesota Lakes Association Minnesota Project

There are over 500,000 Individual Sewage Treatment Systems (ISTS) in Minnesota An estimated 33 percent of these do not meet safe groundwater standards due to improper design, installation or maintenance.

An estimated additional 64,000 systems discharge directly to surface waters or to the ground surface. They represent “imminent threats to public health and safety”

Direct Discharge Septic

Direct Discharge Septic Systems Are Illegal “Unless specifically permitted by the agency, a system shall not discharge sewage or sewage tank effluent, to the ground surface or to surface water.” MN Rules Part

They are also widespread...

Raw sewage has 5,000 times more fecal coliform bacteria than treated municipal wastewater Municipal plant effluent is required by law to contain less than 200 fecal coliform counts per 100 milliliters Raw sewage contains 1,000,000 fecal coliform counts per 100 milliliters

Collectively, the estimated 64,000 septic systems discharging to surface waters discharge over 7 million gallons per day of septic tank effluent into our lakes, rivers and streams

Impacts on water quality are significant river reaches in Minnesota are listed as impaired by fecal coliform at levels that make them unsafe for swimming

Rivers Impaired by Fecal Coliform

Direct discharge systems are responsible for 71% of the fecal coliform pollution in the Straight River during the critical fall dry season

Despite the enormous impact on water quality of failed and illegal systems, the state has no systematic program in place to identify and correct them. Instead, we rely on finding them through property transfer disclosure or application for a building permit for a bedroom addition.

This system is very weak: State law regarding property transfer does not require proof of system compliance--merely that the owner/seller describe the system in use Even in a county with mandatory compliance at time of transfer (Steele) it is estimated to take years to identify and correct failed systems

Counties play a significant role in ISTS oversight… But only one county responding to a 2001 survey, Faribault, had a program to systematically identify faulty ISTS

Minnesota’s lakes and streams need a program that: Engages every county in identifying and addressing failed and illegal systems Requires ISTS to be compliant at the time of property transfer

That alone won’t be enough… Even properly designed and installed systems can cause water quality problems and have a decreased lifespan if they are not properly maintained

MN Rules Part require ISTS owners to have their tanks assessed and pumped at least once every 3 years, but…

…no out-state county has a pump-out oversight/enforcement program, and the rate of compliance is unknown. Source: MPCA

Five metro counties have developed ISTS pump-out oversight programs--Carver, Dakota, Hennepin, Scott and Washington

In Washington County-- ISTS contractors purchase a $10 license from the County for each tank to be pumped, in advance of the service When the tank is pumped, the contractor fills in the form and returns it to the County The County generates quarterly lists of ISTS due for service and notifies homeowners by letter

Minnesota’s lakes and rivers need a program to: Oversee and enforce the ISTS tank assessment and pump-out requirements

How can these proposed efforts be funded? Require owners of properties with ISTS to provide the county with a certificate of compliance issued within the past 5 years. Owners pay a $15 inventory fee to county.

The county reviews compliance inventory against records of properties on ISTS, sends letter to owners without proof of compliance. The county inspects ISTS without proof of compliance, and covers the costs by use of special assessments

For tank pumpout oversight -- We recommend a program similar to that of Washington County, with a license fee to pump

For ISTS upgrades-- The Agricultural Best Management Practices (AgBMP) Loan Program provides low interest loans for ISTS upgrades, lending over $12 million for this purpose since its inception in 1995

Costs of ISTS by system type Conventional (trench) systems range from $3,500-$5,500 At-grade systems range from $4,000- $6,500 Mound systems range from $5,500-$10,000 Source: MPCA

How can we increase the amount available in low interest loans without impacting the General Fund or increasing taxes? We can activate the provision in the Environment and Natural Resources Trust Fund allowing 5% of the principal to be used for “water system” improvement loans and direct it to be used for ISTS upgrades. MN Stat 116P.12