This bill changes the laws governing pollution control in the following ways.
1. It requires a seller of residential real property to disclose in the property disclosure statement provided to the purchaser the use of an overboard discharge system on the property and a summary of the transfer requirements for such a system.
2. It changes the cost of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners for which the Commissioner of Environmental Protection may pay up to 90% of the expense from $100,000 to 250% of the median household income in the State.
3. It changes the income limits for individual pollution abatement projects serving single-family dwellings, seasonal dwellings or commercial establishments for which the commissioner may pay a percentage of the cost.
4. It changes the income limits used to determine the portion of an overboard discharge replacement project that is eligible for grant funding.
5. It requires that in order to be eligible for grant funding, the owner of an overboard discharge system and the overboard discharge removal contractor must certify that the overboard discharge removal project has been completed, including proper abandonment of the overboard discharge system, and the local plumbing inspector must certify that an alternative disposal system has been installed.
6. It changes the definition of "significant action" in the laws governing overboard discharges to mean a single construction project performed on a primary residence with an overboard discharge when the total material and labor cost of the construction project exceeds 100% of the median household income in the State, rather than $50,000 as in current law. It provides that a property transfer is limited to a monetary sale of the property containing the overboard discharge.
7. It changes the income threshold for which the Department of Environmental Protection must grant a waiver from the requirement to install an alternative system when the ownership of a property containing an overboard discharge has been transferred from less than $25,000 to less than 100% of the median household income in the State.
8. It changes the income threshold for which a license holder for an overboard discharge system may reduce the license fee from less than $15,000 to less than 50% of the median household income in the State and changes the fee reduction from $125 to 50% of the fee.
9. It specifies determinations that a licensed site evaluator must make in connection with a required finding by the department that an overboard discharge meets the requirements of best practicable treatment for purposes of licensing.
10. It provides that the department may request that a person seeking to renew or transfer an overboard discharge license evaluate the feasibility of a spray irrigation system as an alternative to the overboard discharge system.
Statutes affected: Bill Text LD 401, HP 255: 33.173, 38.411, 38.413, 38.414