LD 1506
pg. 1
LD 1506 Title Page Resolve, to Require the Department of Environmental Protection to Reimburse Hom... LD 1506 Title Page
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LR 2676
Item 1

 
Sec. 1. Reimbursement. Resolved: That the Department of Environmental
Protection and the Department of Human Services shall identify
jointly all residential dwellings in the State having on-site
peat sewage disposal systems installed on or after October 1,
1988 that, due to improper installation, have failed or are
currently malfunctioning. For each system that has failed or is
currently malfunctioning, the Commissioner of Environmental
Protection shall reimburse the owner of the dwelling for the full
cost of repairing or replacing the system. Funds necessary for
reimbursement must come from existing budgeted resources of the
Department of Environmental Protection. All systems eligible for
reimbursement under this section must be identified by July 1,
2000 and all eligible homeowners must be reimbursed by December
31, 2000; and be it further

 
Sec. 2. Rules. Resolved: That the Department of Human Services,
Division of Health Engineering shall adopt rules that upgrade on-
site peat sewage treatment systems from experimental status to
general use status and that establish clear guidelines for
installing those systems. Those guidelines must be separate and
distinct from any technical design standards and must be written
so as to be easily understood by sewage disposal system
installers. Rules adopted under this section are major
substantive rules as defined in Title 5, chapter 375, subchapter
II. These rules must be provisionally adopted and submitted to
the Legislature no later than January 31, 2000.

 
SUMMARY

 
This resolve directs the Department of Environmental
Protection and the Department of Human Services to identify
jointly all on-site peat sewage disposal systems installed since
October 1, 1988 that have failed or are currently malfunctioning
due to improper installation. The resolve further directs the
Department of Environmental Protection to reimburse the
homeowners from within its existing budgeted resources for all
costs associated with fixing or replacing the malfunctioning
system.

 
The resolve also directs the Department of Human Services,
Division of Health Engineering to provisionally adopt major
substantive rules by January 31, 2000 that upgrade those systems
from experimental to general use status and that establish clear
guidelines for installing such systems.


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