Introduced by Representatives Jewett of Ripton, Clark of Vergennes, Houston of Ferrisburgh, Maier of Middlebury, Nuovo of Middlebury, Sharpe of Bristol, Smith of New Haven and Young of Orwell
Subject: Conservation; wastewater system permit; designer certification
Statement of purpose: This bill proposes to provide for performance‑based permitting of on-site wastewater disposal systems, based upon the certification of a licensed designer. To be eligible, a designer must: be currently licensed and in good standing, provide proof of adequate insurance coverage, certify that installation was observed and was performed according to the design, and design the system so that effluent will not surface. The design is to be accompanied by a recommended schedule of maintenance and pumping requirements, together with a suggested monitoring protocol. The designer must produce evidence of having installed at least two similar systems in similar soils together with evidence that each of those systems has been inspected by the designer at least one time during a spring monitoring season which is at least five years after installation, without producing evidence of surfacing effluent.
AN ACT RELATING TO LICENSED DESIGNER CERTIFICATION OF THE ADEQUACY OF WASTEWATER DISPOSAL SYSTEMS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 10 V.S.A. § 1973(j) is added to read:
(j) A licensed designer shall be deemed in compliance with the requirements of this chapter and the rules adopted under this chapter, and a wastewater disposal system specified under this subsection shall be entitled to a presumption that it will keep effluent from surfacing, if the licensed designer prepares and submits to the secretary a stamped and signed design for a wastewater system that the licensed designer has certified will operate so as to keep effluent from surfacing. The design shall be accompanied by a recommended schedule of expected maintenance and pumping requirements, together with a suggested monitoring protocol. The presumption created under this subsection shall be available only in situations in which all of the following apply:
(1) The licensed designer is currently licensed by the state and is in good standing.
(2) The licensed designer provides proof of insurance, with minimum coverage of no less than $50,000.00 per claim, to indemnify the designer’s clients for negligent design or observation of the installation under this chapter.
(3) The licensed designer certifies that the designer or the designer’s agent has observed the installation of the wastewater system, and that installation occurred according to the design.
(4) The system is designed so that wastewater effluent will not surface.
(5) The designer presents evidence of having installed at least two similar systems in similar soils, together with evidence that each of those systems has been inspected by the designer at least one time during a spring monitoring season which is at least five years after installation, without producing evidence of surfacing effluent.
The Vermont General Assembly
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