HB 1199

This bill authorizes the department of environmental services to certify septage haulers to ensure that haulers are suitably qualified and have the knowledge and ability to properly service septic tanks and other onsite domestic wastewater treatment systems and devices and properly transport and dispose of septage to protect public health and the environment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Commissioner of Environmental Services. Amend RSA 485-A:4 by inserting after paragraph XVII the following new paragraph:

XVIII. To implement a program of certification of septage haulers. Septage haulers shall be certified as to their qualifications and ability to properly service septic tanks and other onsite domestic wastewater treatment systems and devices and properly transport and dispose of septage to protect public health and the environment.

2 New Paragraph; Commissioner of Environmental Services; Rulemaking. Amend RSA 485-A:6 by inserting after paragraph XI-c the following new paragraph:

XI-d. The certification of septage haulers, including, continuing education, certification renewal, and revocation and suspension of such certificates as provided in RSA 485-A:7-e - 7-h.

3 New Subdivision; Septage Hauler Certification. Amend RSA 485-A:7 by inserting after section 7-d the following new sections:

I. Any person seeking certification shall file an application with the certification committee established under rules adopted pursuant to RSA 485-A:6.

II. All applications shall be filed at least 6 weeks prior to the next examination date on a form provided by the department.

III. All applications shall be accompanied by a $50 fee to cover department expenses for conducting the certification program. All fees shall be deposited by the state treasurer in a special nonlapsing septage hauler certification fund to be continually appropriated to the department for the administration of this program.

485-A:7-f Examinations. The department shall prepare written examinations to determine the knowledge, ability, and judgment of septage haulers. Such examinations shall be administered in accordance with rules adopted by the department pursuant to RSA 485-A:6, XI-d. Any applicant failing the examination shall be allowed one retest at no additional cost to the applicant.

I. Upon satisfactory completion by the applicant of the established requirements, the department shall issue a suitable certificate to the applicant, designating the applicant's competency. The certificate shall remain in effect for 2 years from the date of issuance.

II. Certificates shall be renewable biennially. Applications for renewal shall be accompanied by a $50 renewal fee, which shall be deposited in the fund established in RSA 485-A:7-e, III, and such proof of continuing education as is required by rules adopted under RSA 485-A:6, XI-d. If the renewal fee and proof of continuing education are not submitted within 90 days after the certificate's expiration date, the individual's name shall be removed from current certified status and the certificate shall be deemed expired. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal is late. Any person holding a certificate who does not renew the certificate within 90 days after its expiration date shall be required to apply for a new certificate based on the requirements that exist as of the date of the new application.

III. Certificates may be issued, upon payment of the $50 fee, without examination, to any person who holds a valid certificate issued by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction if, in the judgment of the commissioner, the certification requirements of the jurisdiction granting such certification do not conflict with the department's rules and are not less stringent than rules adopted under this section. The fee shall be deposited in the fund established in RSA 485-A:7-e, III.

IV. Certificates may be issued, upon payment of the $50 fee and completion of a 3 hour training session focused on current septage rules under Env-Ws 1600, to any person employed in the business of removing or transporting septage on public roads on July 1, 2002 in accordance with rules adopted by the department pursuant to RSA 485-A:6. Such certification shall be valid for a period of 2 years from the date of issuance. Certification renewal shall follow the requirements of sections I and II above. Applications under this section shall be submitted not later than September 1, 2002.

485-A:7-h Revocation. The department may suspend, revoke, or refuse to renew the certificate of a septage hauler under rules adopted pursuant to RSA 485-A:6.

4 New Subparagraph; Application of Receipts. Amend RSA 6:12, I by inserting after subparagraph (iiii) the following new subparagraph:

(jjjj) Moneys deposited in the septage hauler certification fund established in RSA 485-A:7-e, III.

The Department of Environmental Services states this bill will increase state revenue by $15,000 in FY 2003, $1,500 in FY 2004, $15,000 in FY 2005, and $1,500 in FY 2006. This bill will also increase state expenditures by $3,100 in FY 2003, $6,482 in FY 2004, $10,150 in FY 2005, and $7,051 in FY 2006. There will be no fiscal impact on county and local revenue or expenditures.

The Department assumes that 300 existing septage haulers would apply for a certificate under the grandfathering provisions of RSA 485-A:7-f (IV). The Department estimates the $50 fee would raise $15,000 in FY 2003, $1,500 in FY 2004, $15,000 in FY 2005, and $1,500 in FY 2006, assuming 300 applicants and 30 applicants in the first and second years of certification cycle, respectively.

The Department states that personnel, working with the proposed certification committee, would have to develop and implement a three-hour training session under this provision. It is assumed the existing Water Pollution Sanitarian responsible for septage vehicle permits would spend approximately 10% of their time on this program in FY 2003, 20% in FY 2004, 30% in FY 2005, and 20% in FY 2006. Expenses are estimated at $3,110 in FY 2003, $6,482, in FY 2004, $10,150 in FY 2005, and $7,051 in FY 2006 based on the above percentages and using the Sanitarian's current labor grade 19 salary.