New state law will make septic replacement more affordable

By JEFF MORRIS

Legislation designed to make it easier and more affordable for homeowners to upgrade or replace failing septic systems has been signed into law by Gov. Kathy Hochul.

In an announcement on July 23, Hochul also indicated there would be a $30 million investment for Round 5 of the State Septic System Replacement Fund Program.

The bill that was passed would alter certain requirements of the State Septic System Replacement Fund by establishing reimbursements for installation of enhanced treatment technologies, including advanced nitrogen, phosphorus, and PFAS removal systems, at 75% of the eligible costs incurred for such projects, up to a maximum of $25,000. It also provides a definition of Enhanced Septic System Projects.

Under the new law, eligible property owners can be reimbursed 50% of eligible costs up to $10,000 for the installation of a conventional system, or up to 75% of eligible costs up to $25,000 for the installation of an enhanced septic system, to help make these more enhanced systems equal or even more affordable than the regular systems. 

Counties may also set graduated incentive reimbursement rates for septic system projects to maximize program participation and pollution reduction goals.

The legislation defines “Enhanced Septic System Project” as an on-site decentralized wastewater treatment system, that at minimum is “designed to reduce total nitrogen in treated effluent to 19  mg/L  or significantly and quantifiably reduces environmental and/or public health impacts associated with phosphorus and polyfluoroalkyl substances and associated compounds in effluent from a cesspool or septic system.”

Advocates for the initiative noted that outdated or failing septic systems are a significant contributor to nutrient pollution in New York, fueling harmful algal blooms and negatively impacting water quality. They said investing in an enhanced septic system, though often more costly than conventional wastewater treatment, is crucial to help improve water quality.

“Septic system upgrades across New York are essential for protecting our waterways, public health, and the environment — but they can be costly,” said State Sen. Pete Harckham, D-SD40, chair of the Committee on Environmental Conservation and a sponsor of the legislation. “This new law, which will reimburse installation of new systems, including enhanced treatment units, will allow homeowners to make improvements without breaking the bank while safeguarding nearby aquifers and other fragile drinking water resources.”

“I know firsthand how expensive septic repairs and replacements can be,” County Legislator Erika Pierce, D-District 2, told The Recorder. “These projects can be terrifying for families, particularly our seniors, living on fixed incomes. The state’s program, which offers financial assistance to families in priority areas, can be a help, and now that program will also cover the costs of more environmentally effective systems, like enhanced septic systems.” 

Pierce said this matters not only for homeowners, “but for all of us, since leaking and failing septic systems impact our environment and our water bodies, which is a real problem for our lake communities. This is why Lewisboro has been looking to create a septic repair district, to further help improve water quality by making it easier for residents to upgrade and maintain their septic systems.” Pierce said she looks forward to working further on this, “so we can help improve water quality in our community.”

Lewisboro Town Supervisor Tony Gonçalves concurred, telling The Recorder this legislation will certainly help homeowners, or entice them to do the necessary work.

However, an initiative already under way in Lewisboro may be outside the purview of the new law. Studies conducted in Lewisboro in 2021, funded by New York City Department of Environmental Protection, resulted in a proposal for a sewer collection system and wastewater treatment plant to serve the densely populated communities around lakes Waccabuc, Oscaleta, Rippowam and Truesdale. The cost of that project, estimated at $40 million, would be covered by state and county grants and DEP funds, with homeowners needing to approve a taxing district for ongoing operations and maintenance costs. 

That same Lewisboro study found it would be impractical to connect residences around Lake Kitchawan to the central treatment plant, and instead proposed replacing inadequate septics at Kitchawan with enhanced treatment units — the same ones now being covered under the state program. Gonçalves said the Kitchawan project is still in the early stages, with a plan to come from the engineering firm that will provide specifics on costs, but that it is expected to be covered by grants and allocated NYC DEP funds. 

Not all properties in these lake areas were included in the proposals, as many did not meet density requirements to make such connections practical, but other homeowners may be able to take advantage of the state program, provided they are within the areas designated as priority waterbodies. Included among the priority areas, besides Lake Waccabuc, are the Cross River and Muscoot reservoirs, and the Mianus River and tributaries.

While Gonçalves said this legislation is a very positive step, he did have a suggestion, saying he wished the state would enact similar legislation for PFAS.

“We have a state mandate for municipalities and public water systems, including small community systems, who are required to spend a lot of money to provide filtration to remove PFAS, but the state’s not providing any assistance to residents or community residential water systems,” he said. “If they’re focused on wanting to improve the aquifers by making this money available, why not do a similar program to provide cleaner, safer drinking water to folks, especially those who now need to abide by the new state mandate on PFAS?”