CROSS Maryland
Citizens for Responsible Oversight of Septic Systems
CROSS Maryland: (Citizens for Responsible Oversight of Septic Systems) is here to educate homeowners in MD about changes to septic regulations.
To raise awareness and citizen involvement regarding the changing inspection standards and regulations governing onsite sewage disposal systems (OSDS) in Maryland.
The goal of CROSS is to raise awareness regarding septic systems to address the following:
The Maryland Legislative Session is in full swing. There are four bills of interest to septic owners. Senate Bill 479/House Bill 318 and Senate Bill 113/House Bill 1068. These bills are cross-filed with one another, which means they are the same but introduced individually by a representative of each chamber. The first set of bills are nearly identical to last year's Senate Bill 22/House Bill 407, which were pulled from the session for further study. A brief description and link for each is below. In addition, Senate Bill 22/House Bill 407 passed last year and as of July 1, 2022 all septic inspectors are required to be licensed. CROSS testified in favor of this bill with amendments to include a Code of Ethics similar to a general home inspector (see below). Unfortunately, the bill was not amended the to include this important language.
Maryland Senate Bill 479, cross-filed with House Bill 318 establishes a Board of On-site Wastewater Professionals. CROSS has many concerns with the bill, including conflicts of interest, broad responsibilities already undertaken by MDE and local health departments, and the lack of equal representation of consumers served by septic. CROSS presented an Unfavorable oral and written testimony, as submitted at the public hearing on February 24, 2022. CROSS supports the addition of a Code of Ethics for Board members and licensed individuals under their authority, similar to Maryland laws and regulations for home inspectors or environmental health specialists. If the bill was amended to delete responsibilities outside of licensing of On-site Wastewater Professionals to make it on par with similar Boards such as the Maryland Board of Well Drillers, CROSS would be supportive of this bill.
Maryland Senate Bill 113, cross-filed with House Bill 1068 establishes requirements for standardized forms and a database to track permit applications for on-site disposal systems and information on how to appeal a decision to deny a permit. It also creates standards for private individuals to become Environmental Health Specialists and sets aside $5,000,000 to the Maryland Department of the Environment (MDE) to address wage disparities and staffing shortages of those licensed by the Board of Environmental Health Specialists. The last portion of this bill requires MDE to adopt regulations establishing that the requirement for a minimum area of 10,000 square feet for subsurface disposal of sewage applies to detached dwellings. CROSS supports the standardization of forms and a state-wide database to track permit applications and information on how to appeal a permit denial. However, CROSS is Unfavorable to allowing those outside of the MDE to become Environmental Health Specialists and strongly opposes the language requiring a minimum area of 10,000 square feet for subsurface disposal of sewage for detached dwellings. Since COMAR 26.04.02.02 began requiring this for systems installed on or before November 18, 1985, this language is targeting older dwellings constructed prior to 1985 which may not have the land available to meet this requirement. This would automatically make such properties out of compliance with the new law and would require costly new systems to meet requirements. This is a similar attempt as the original House Bill 190 from the 2019 legislative session. CROSS worked diligently with MACo and others to have this bill amended.
Prior News: Up to Feb 12, 2021)
The MOWPA (Maryland Onsite Wastewater Professionals Association) inspection manual [PDF] was approved by MDE (Maryland Department of the Environment) in 2014. This gives a good overview of the many types of onsite sewage disposal systems (OSDS) in use today. The oldest type (cesspools) are already considered "unacceptable" systems and will not pass an inspection for real estate transfer regardless as to whether they are functioning as intended or not.
If you oppose these bills send an email or letter to your local Delegates and Senators so that your voice is heard. This link will take you to the Maryland General Assembly's list of Legislators by name. If a bill passes the first chamber (House or Senate), it will go to the second chamber. If it passes both chambers (House and Senate), it will go to the Governor for final approval and if approved will become law.
Reach out for more information, or to get involved:
There are two 2021 bills of interest to septic owners. Senate Bill 22 and House Bill 407. These bills are cross-filed with one another, which means they are the same but introduced individually by a representative of each chamber. These are nearly identical to last year's Senate Bill 254, which did not pass both chambers prior to the pandemic. A brief description and link for each is below.
Maryland Senate Bill 22, Cross filed with HB0407, establishes licensing requirements for septic inspectors. Currently, inspectors only need to take a one-time MDE approved course of instruction per a law established in the late 1990s. Septic inspections vary and there are no enforceable standards. CROSS supports this bill with amendments. CROSS's proposed amendments include the following:
There are two 2020 bills primarily of interest to septic owners. Senate Bill 254 and House Bill 136.
Three other proposed bills relate to the Bay Restoration Fund (BRF), which all Maryland homeowners fund through property taxes. Two BRF-related bills (House Bill 78/Senate Bill 172) aim to broaden criteria for eligible projects, which may reduce available funding for septic owners. The third BRF-related bill (Senate Bill 671) adds low interest loans for funding septic repair and replacement.
A brief description and link for each is below.
Maryland Senate Bill 254 (PDF) establishes licensing requirements for septic inspectors. Currently, inspectors only need to take a one-time MDE approved course of instruction per a law established in the late 1990s. Septic inspections vary and there are no enforceable standards. CROSS supports this bill with amendments, as presented and submitted for the public hearing on February 11, 2020. CROSS' proposed amendments include the following: 1) adding a Code of Ethics, similar to a home inspector or environmental health specialist, 2) changes to language regarding liability for an "incomplete" inspection if the system fails within 6 months, and 3) clarification that functioning systems installed prior to current laws and regulations will not be held to new standards.
Maryland House Bill 136 (PDF) establishes a Board of On-site Wastewater Professionals. CROSS has many concerns with the bill, including conflicts of interest, broad responsibilities already undertaken by MDE and local health departments, and the lack of equal representation of consumers served by septic. CROSS only supports this bill with amendments, as submitted at the public hearing on February 12, 2020. Proposed amendments include: 1) addition of a Code of Ethics for Board members and licensed individuals under their authority, similar to Maryland laws and regulations for home inspectors or environmental health specialists and 2) deletion of responsibilities outside of licensing of On-site Wastewater Professionals to make it on par with similar Boards such as the Maryland Board of Well Drillers.
Maryland House Bill 78 (PDF) and Senate Bill 172 (PDF) broaden the eligibility criteria that can be used to secure funds from the BRF. Additional criteria includes climate resiliency, flood control, and storm water reduction. CROSS does not support either of these bills as they are not in the interest of septic owners.
Maryland Senate Bill 671 (PDF) adds the availability of low interest grants or loans for up to 100% of the cost to replace a failing septic system with a new system utilizing a BAT tank. It includes the cost of engineering and installation. CROSS does not support this bill since it does nothing to reduce the overall cost of installing or maintaining a BAT tank or connecting to public sewer. The bill does not specify the interest rate, which is dependent on many factors, nor does it address whether all applicants will qualify regardless of credit history. Loans are available to homeowners already and some have had to take out a second mortgage to pay for costly septic replacement. There is no proposed change the amount of fees collected with any of the BRF-related bills above. However, it is important to understand since its inception, how the BFR funds are allocated for those on sewer vs. septic. Currently, 100% of fees collected from properties served by sewer go towards upgrading wastewater treatment to remove additional nutrients to meet state mandated Total Maximum Daily Load (TMDL) requirements. In contrast, only 60% of fees collected from septic users go into a BRF septic account to a fund Best Available Technology (BAT) replacement tank or up to $20,000 towards connection to sanitary sewer. There is no financial assistance to replace a failing system with a conventional septic system nor the cost to install or maintain the BAT tank. BAT tanks require a mandatory two year service contract (reduced from five years) upon install and regular maintenance thereafter. Here is the kicker - the other 40% of BRF fees collected from septic owners is given to farmers as financial incentives to plant cover crops to reduce nutrient runoff. While CROSS supports cover crops to reduce nutrient runoff, it is not appropriate to divert 40% of funds collected from septic users, especially when the cost of replacing an older system can cost $50,000 or more and failing systems in the critical area are required to install BAT tanks, which are five times more expensive to install, and require more money to operate and maintain.
HB 190 passed in the Senate earlier this month with further amendments. While I preferred some additional amendments suggested by CROSS, the bill's language was vastly improved over the original version. The sponsor of the bill remarked that "there was a lot of negotiation on both sides", which is important in the legislative process. House Delegates, representatives from the Maryland Association of Counties and the Maryland Association of Realtors helped to give CROSS a voice, which is greatly appreciated. It was signed into law by the Governor.
The House of Delegates passed HB 190 on March 8, 2019 in a vote 129 to 5. Although some amendments to the original language have been made, cesspools remain in the definition of failure regardless of functionality or evidence of ground or surface water contamination. There is no mention of how failing systems will be identified nor how homeowners impacted by the bill will be notified or how they might afford total replacement of their system.