Septic tank bill passes state Senate, moves through first House panel

Patsy Hazlewood
Patsy Hazlewood

NASHVILLE -- A bill dealing with Hamilton County's septic tank and sewer problems cleared the Tennessee Senate Monday on a 31-0 vote and on Tuesday moved through its first House panel.

Sponsored by Rep. Patsy Hazlewood, R-Signal Mountain, and Sen. Todd Gardenhire, R-Chattanooga, the bill is an effort to address problems in rapidly growing east Hamilton County where the Tennessee Department of Environment and Conservation ordered the county's Water and Wastewater Treatment Authority to impose a moratorium on new sewer hookups in the Ooltewah area.

The moratorium was spurred by WWTA's repeated raw sewage overflow violations.

Rep. Patsy Hazlewood, R-Signal Mountain, won approval for the previously delayed bill in the House Agriculture and Natural Resources Committee. Sen. Todd Gardenhire, R-Chattanooga, sponsored the bill in the upper chamber.

The legislation says state or local officials can't deny a permit for a septic tank "solely because there is a public sewer system" that is technically "accessible" but not available due to a sewer moratorium.

There are other conditions applicable as well.

Local property owners, developers and home builders sought the legislation, citing the moratorium's impact on their plans for new homes and subdivisions. Current law says septic tanks can't be installed when sewer service is accessible. Home owners must connect to sewer service within 90 days when it's available.

As amended, the legislation says septic tank permits won't be denied during a moratorium if the applicant submits documentation with the permit application stating the applicant cannot connect or has been delayed from connecting.

It also would impact a person delayed from connecting to a public sewer system because of a moratorium if the person has been place on a waiting list due to the moratorium.

Another bill provision requires notification to prospective home buyers that they would eventually have to hook up to the county's sewer system when it's available.

The bill has statewide application.

Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow on Twitter @AndySher1.

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