Septage Law 101 – Outcome for Case One

Posted on December 19, 2012 by ccwtblogger

Last week we posed the following facts and invited you to comment on how you think the case should have come out.

A business owner was planning to buy property and use it to spread septage (a “land application”). He went to the local town council to acquire the appropriate permits before he closed on the property. The town had no laws regulating septage and it referred him to the state Department of Environmental Protection (“DEP”). He submitted his application to DEP and went ahead and closed on the property. DEP approved the application under the requirements of state law. The town then passed a 180 day moratorium on spreading septage while it considered passing septage regulations. The town passed three ordinances outlawing land applications of septage, even though state law allowed such applications and DEP had already approved the business owner’s application. The town then contracted with a septage disposal company to dispose of the town’s septage. The business owner sued the town arguing that it could not pass an ordinance that conflicted with state law.

Will the business owner win?

Here is what the Supreme Court of Maine ruled:

The Court found against the business owner. It ruled that under state law both DEP and local municipalities were given a role in approving permits for septage disposal. It further found that state law require municipalities to arrange for disposal of sepatage and other wastes but it did not dictate how that disposal should be carried out. The Court noted that there were a number of ways besides land application to dispose of septage. In the words of the Court:

“Other portions of the DEP regulations, however, permit different disposal methods, including the composting of dewatered septage . . . and the addition of septage to wastewater treatment facilities . . . . The Town[‘s] . . .ban on land application may have the effect of making septage disposal within the Town more difficult and expensive, but it does not frustrate the purposes of [state law] because the ordinance still permits septage disposal within the Town by other methods.”

Smith v. Town of Pittston, 820 A.2d 1200 (Me. 2003)

As you can see, even where state law seems to allow a septage disposal method, local municipalities can still throw a monkey wrench into your plans. What do you think about the Court’s resolution? Check back next week for a new puzzle in Septage Law 101.

Richard Brener is General Counsel for Clear Choice Wastewater Treatment, LLC, the leader in environmentally-friendly and cost-effective solutions for the treatment of septage, grease, and other wastes. If you would like more information please visit www.ccwt.info or contact us at info@ccwt.info or (877)-770-2618.

This feature is presented for discussion and entertainment purposes only. It is not legal advice and should not be relied on as such. If you have a legal question, please contact an attorney in your jurisdiction.

Septage Law 101 – Case Two

Posted on December 11, 2012 by ccwtblogger

Do you think you can predict how the courts will resolve septage issues? Read the facts below and feel free to comment on how you think the case should come out. Check back in a week to find out what actually happened.

A septage facility wanted to contract with the owner of a farm for the land application of septage. State law required that approval for such land application had to be obtained from the affected county and from the state department of environmental regulation, but did not otherwise set out any standards. The operator obtained a letter signed by the chairman of the county commission saying that his proposal was approved so long as he complied with federal standards for the land application of septage. With his letter in hand, the operator applied for the state permit. While his state application was pending, the operator received a letter from the county attorney saying that his proposal was never considered by the commission and that notwithstanding the earlier letter signed by the chairman, the operator had no permit for septage land application. When it was informed of the county attorney’s letter the state DEP denied the operator’s application. The septage operator sued the county arguing that it’s revocation of his permit after it was granted was a denial of due process of law and equal protection of law. He also argued that because the state had not established any septage standards, he was entitled to a permit so long as he complied with the federal standards.

Will the operator win?

Septage Law 101

Posted on December 6, 2012 by ccwtblogger

Will the business owner win?

Privatization

Posted on December 6, 2012 by ccwtblogger

As many old sewer and pipe systems begin to reach the end of their expected lifespan there is a great deal of concern in a number of areas. Costs continue to increase for wastewater treatment facilities as they are updated. Current systems have to be replaced somehow and unfortunately new technology is not making it any easier. Which leads into another concern, what technology to even go with? With so many different options available it can sometimes seem dizzying when it is all laid out to choose.

A lot of people argue that the best way to pay for the new wastewater treatment systems is to privatize. Just hand over the keys to the process to companies and let them shoulder the burden of cost by letting them reap the reward of revenue as well. The idea of a company taking over a utility is not a new one and is often brought up as an easy option to save a county or city government money on a much needed improvement project.

Of course there are always concerns that go along with privatization. Many people worry that by allowing a private company to run needed utility such as wastewater will mean that there is little recourse if something goes wrong. There are also worries about increased rates and costs. Because a private company is concerned mostly about making money that they will put their own needs ahead of those of the customers.

What do you think? Is privatization of wastewater treatment systems the way to go? Or will it just cause an increase in costs for customers? Leave us a comment below and let us know what you think.

We at Clear Choice believe that the best option is a partnership with state and local governments. Our electrocoagulation onsite wastewater treatment system offers some of the best technology available for dealing with septage and grease. This technology goes a long way for not only updating how it is governments deal with wastewater from septic tanks and restaurants, but can also be used to create a new revenue stream. By working with Clear Choice a county or state can install the system and charge a reasonable price to treat waste from not only septage and grease traps, but also portable toilets and wastewater. The local government gains revenue from the process as well.

If you would like to know more about our onsite wastewater treatment plant including a NO CAPITAL COST option, please visit our website at ccwt.info and fill out the Contact Information Sheet. We also encourage you to give us a call at 877.770.2618 x700.

Clear Choice Wastewater Treatment, LLC – The Choice Is Clear

Our No Cost Onsite Wastewater Treatment Plant Is The Answer

Posted on September 27, 2012 by ccwtblogger

America’s infrastructure isn’t garnering the best of grades right now. From roads to bridges to water systems there are signs of an aging, crumbling issue that is only growing in scope. The American Society of Civil Engineers have taken it upon themselves to review every aspect of infrastructure in this country and gave it a grade based on what they saw and what was required for getting it up to par. The grade for wastewater systems? D-

What the ASCE saw was out of date technology that was reaching the end of its life cycle. The systems put in place, including sewage pipes, treatment facilities, and retention areas, were all designed for demand and use that is now out of date. Modern flow rates are too much for many treatment systems to handle. The EPA estimates that as much as 10 billion gallons of raw sewage is released every year by broken and backed up pipes.

Equally daunting is the cost estimated to get the nation’s wastewater treatment systems back in order. In 2008 it was estimated by the EPA that as of January 1^st, 2004 there was needed $202.5 billion dollars. In 2002 the Congressional Budget Office estimated that between 2000 and 2019 there would need to be an annual investment of between $13 and $20.9 billion dollars just for wastewater systems. That is a lot of money!

Even on a local level when numbers are much smaller many towns, cities, and counties face investments of millions of dollars to try to upgrade their wastewater systems. These numbers often do not include the necessary concern for septage numbers that are rising across the country as well. New Hampshire and Florida both estimate that they have between 95 and 100 million gallons of septic sludge a year. It is am expensive scenario that many places cannot afford, and the cost will be passed on to customers and business owners.

So what is the solution? What do you think is the best course of action to fix the problem? Leave a comment below to let us know.

Clear Choice believes now is the time for local governments and septic pumpers to stand up and take control of their own wastewater destiny. With our No Capital Cost electrocoagulation onsite wastewater treatment system we can provide the answer for dealing with waste to both sides. For septic pumpers we offer a reduced cost alternative to long haul and expensive dumping that can be easily and safely set up on a quarter acre of property. For governments we provide a potential revenue stream as well as a low cost option for dealing with the growing wastewater concerns of septage, grease traps, portable toilet waste, and oil interceptors.

If you would like to know more about our NO CAPITAL COST onsite wastewater treatment plant, please visit our website at ccwt.info and fill out the Contact Information Sheet. We also encourage you to give us a call at 877.770.2618 x700.

Clear Choice Wastewater Treatment, LLC – The Choice Is Clear

Hey Midland, TX – Check Out Our Onsite Wastewater Treatment Plant

Posted on September 27, 2012 by ccwtblogger

Midland, Texas is facing a bit of a problem. Currently septage haulers are allowed to use the local dump for a flat fee of $10 per load. This is a fantastic deal for most haulers as it is a difficult rate to beat anywhere else in the country.

Haulers from all over West Texas as well as Midland, and New Mexico line up early in order to be able to dump at the designated site. The boom in oil production has led to an increase in the amount of portable toilet waste pumped out by haulers. Trucks are taking advantage of the incredibly low rate which has caused several issues. It is not uncommon now for drivers to cut one another off and do their best to intimidate other haulers so they can get in first and get out quicker. This has caused concern for the safety of the staff at the site as well.

The proposed solution right now is a rate hike to try to discourage some of the haulers coming in from further away. They also want to implement restrictions on who could actually dump at the site. By limiting it to only those in the local county or with negotiated agreements to dump there they hope that they will not have the overwhelming response they have had lately. That should help limit the damage done to the local environment as well.

Is this the best answer? Or is there another way for Midland and cities like it to use an abundance of septage to their advantage? Leave a comment below on what you think.

Clear Choice believes that cities such as Midland should take what is going on and turn it into a positive. With our electrocoagulation onsite wastewater treatment system, the owner of a dump site could take the septage being brought in and charge a competitive per gallon fee. With this fee a town could generate revenue in order to keep the site funded. This would also allow the town to better treat not only septage, but also grease traps, oil interceptors, and most importantly in this case portable toilet waste. The treated water would be better for the environment and could still be disposed of on the same site or into the city’s sewer system safely.

Needing only a quarter of an acre of land to set up our onsite wastewater treatment plant, the Clear Choice system is easy to install. With comprehensive monitoring systems it is also easy to maintain.

Clear Choice Wastewater Treatment, LLC – The Choice Is Clear

East Hampton – We Have An Effective Onsite Wastewater Treatment Plant For You

Posted on September 25, 2012 by ccwtblogger

Sometimes it can be difficult for a small town to be able to deal with a wastewater issue. Perhaps the volume they had previously dealt with had been lower, or they had operated under certain regulations that made it easier. As things change, however, keeping up with the technological and economic needs to ensure your onsite wastewater treatment plant remains operational can be difficult.

A good example is East Hampton, New York. This small town has had a treatment plant in operation for septage for a number of years. Septage carters in and around the area could drop off their loads to keep costs and travel expenses down. They had recently run into some trouble with the New York Department of Environmental Conservation as several violations were noted between 2008 and 2011. In order to slow things down until a better solution could be found the treatment plant was turned into a transfer station to have the septage taken elsewhere. Hauler access to the station was also restricted.

Several haulers have expressed their unhappiness with the situation as they have been forced to evaluate if they can even continue operations. The transfer station is not enough to handle their loads and a number are saying they might have to shut down their businesses. The city is still trying to figure out how best to handle the situation. It is a decision between if they should fully privatize the entire operation or take over the plant and operate it through the city. They also have to decide if they should upgrade the plant, try some other option, or just shut it down. Until they have a solution, local septic businesses are suffering.

What do you think the answer is? How should the city proceed to find its best option? Leave a comment below to let us know what you think.

We here at Clear Choice Wastewater want to help towns like East Hampton. By offering No Capital Cost onsite wastewater treatment systems we can provide an economic and efficient answer too many wastewater need. Our electrocoagulation system is powerful enough to help simultaneously treat septage, grease traps, portable toilet waste, and oil interceptors. Our technology is strong and quick, able to help match many common wastewater standards established by county and state governments. All while doing so at a fraction of the cost of installing a larger, more expensive treatment plant.

Clear Choice Wastewater Treatment, LLC – The Choice Is Clear

Why You Should Choose Our Onsite Wastewater Treatment Plant

Posted on September 4, 2012 by ccwtblogger

Over the past several months Clear Choice Wastewater Treatment, LLC has been reaching out to septic pumpers affected by stricter laws and higher prices. Our blog has talked about various hot spots throughout the United States that are currently dealing with septic problems or places where the industry is having trouble making ends meet. We talk constantly about our technology and how we would like to help out these areas by making it more profitable to be a septic pumper, while still helping the environment.

Some people might still be asking the question, why should someone use Clear Choice and our onsite wastewater treatment system?

Economical. Because we are able to offer our equipment at No Capital Cost. You do not have to pay any money up front for usage. Once installed, pumpers only pay a reasonable per gallon fee, often cheaper than what they are currently paying.
Efficiency. Our system is able to treat wastewater even if it is a mixture of septage, grease traps, portable toilet waste, and oil interceptors without need to bring in separate loads
Easy. Once set up the system can be controlled with the click of a mouse. You can browse information about any part, find trouble shooting information, and contact customer support with ease.
Electrocoagulation. Thanks to the powerful technology developed for us, our system is able to treat many common pollutants especially heavy metals. Tests at our pilot plant showed a big decrease in BOD, TSS, and FOG levels.
Experience. The people who make up Clear Choice have over a hundred years of experience when it comes to running businesses. We also have over twenty-five years in the septic pumping business itself. Our technology partner, Ledcor, has over sixty years of experience when it comes to getting the job done.

We feel these are pretty compelling reasons why Clear Choice Wastewater Treatment, LLC is the clear answer to solving septage treatment needs. Are we missing anything in order to become your answer? Let us know in a comment below or better yet, contact us.

Clear Choice Wastewater Treatment, LLC – The Choice Is Clear

Onsite Wastewater Treatment Plant or Sewer System – Which Do You Think Is Better

Posted on September 4, 2012 by ccwtblogger

Water can be a very tricky issue for new subdivisions to overcome while being built. The first issue is usually finding a source of fresh water. If the subdivision is not attached to an existing source, many states require they have to find a way to provide 100 years of fresh water to the people who buy into it. The other issue involves the disposal of wastewater. New housing developments need to show that they are able to deal with sewage concerns and properly and safely dispose of wastewater. The latter is actually a greater conundrum in many cases.

Florida’s Department of Health recently came out with a comparison of installing onsite wastewater treatment systems versus connecting to existing sewer systems. It looked at cost issues combined with reliability, recharge capacity, ease of building, maintenance, and level of service. It found that there were positives and negatives associated with each. Initial costs were often larger for sewer systems as construction would be involved adding more pipes to get out to an area. Onsite systems were also more contained and were the responsibility of only the person who added it.

Sewers were cited as being easier to monitor and maintain. They said that if a leak happens it could take a while for it to be discovered on an OWTS, whereas sewer systems are watched constantly. Options for sewer systems are also more varied as a major wastewater treatment plant can be upgraded and altered to fit needs and changing technology. Sewer systems also work for everyone in the area while a more personalized treatment system is limited to just the person using it.

In a lot of ways this shows the common issues of personal versus public goods. While personal goods may be easier to handle for an individual and also means you do not have to worry about others. It also can cause costs to go up and put full responsibility on yourself. Public goods are shared between everyone for cost and use, but they can sometimes be non-responsive to individual needs.

So should municipalities look into pushing more individual Onsite Wastewater Treatment Systems? Or should they stick to expanding sewers even at a greater cost to do so? Leave us a comment below on what you think.

We think there is a way to combine both into one option beneficial to everyone. Clear Choice Wastewater Treatment, LLC offers an onsite wastewater treatment system that can be installed near a housing development at No Capital Cost to the developers. Houses would then be able to store their wastewater in a traditional septic tank system before it is then pumped out and delivered to the central treatment located very close by. The septage would be treated at the plant, with many common pollutants being removed and leaving behind water safe for disposal.

Even more than standard sludge and septage, the Clear Choice Electrocoagulation system can be used for other forms of wastewater. It can treat grease traps from local restaurants, portable toilet waste used at construction sites and local events, and it can even remove pollutants oil interceptors installed along streets. All of this powerful treatment technology is available for a fraction of the cost of using a sewer system or building an OWTS directly onto a house.

Clear Choice Wastewater Treatment, LLC – The Choice Is Clear

Land Application Ban – There Is An Option

Posted on September 4, 2012 by ccwtblogger

January 1, 2016 is a day that many in the Florida septic pumping industry are looking towards with interest. It is the day that new regulations go into effect that limits the land application of treated septage in the state to zero. Once the new law takes over it will be on wastewater treatment plants to be able to handle the new influx of septage into their systems. This mandate extends to the disposal and treatment of waste from grease traps as well.

Currently no real plan exists for how to deal with the extra wastewater to treatment plants. There are an estimated 100,000 septic tanks pumped every year generating 100 million gallons of septage, and existing plant systems are struggling to handle existing demand, let alone an increase that will come from banning land application. Grease traps are an especially tricky situation as there are few options for treatment outside of land application currently in place. Prices are expected to rise.

In 2011 the Florida Department of Health (DOH) did a study to try to find an alternative to stopping land application all together. Their research was unable to find anything they felt was effective, efficient, and economical enough to help ease the burden that is coming to standard wastewater treatment systems. Concerns included location, cost, and ability to treat the grease trap waste fully. Their recommendation was to create a new classification for land application and continue its use with tighter monitoring.

So is the DOH right? Is the only answer offering a land application exemption to grease traps? Or are they just going to have to spend more money to be able to process it?

You should know by now that Clear Choice Wastewater Treatment, LLC believes our No Capital Cost onsite wastewater treatment plant using electrocoagulation technology is the clear answer to the problem. Efficient, effective, economical, and at the right price, our onsite wastewater treatment plant can be placed almost anywhere and handle the problem Florida is facing. Our system is able to treat various mixtures of septage and grease trap wastewater so that it is safe for disposal in standard sewers and treatment plants. Our system is even able to handle portable toilet waste and oil interceptors as well, making it even more effective at removing many common pollutants, especially heavy metals from septage.

One of the greatest strengths of our system is its flexibility. The Clear Choice onsite wastewater treatment system requires less than an acre of land to set up. This allows it to be put just about anywhere there is an electric line and helps offer a community that might not have a lot of spare funds to set up a system. Being a No Capital Cost investment, we will install the treatment plant on a prepared site allowing the community to reap the savings of not having to pay for a multi-million dollar treatment system.

Clear Choice Wastewater Treatment, LLC – The Choice Is Clear