Florence, Ala. | Wednesday, February 8, 2012
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Law regulates, oversees private sewer companies
By M.J. Ellington,

A Hartselle House member's push to set up statewide oversight for private sewer systems and protections for consumers who use them is now law.

A Lauderdale County commissioner who said she ran for her commission seat in 2008 solely on the issue of getting some protections in place said statewide interest helped speed the bill into law.

Rep. Ronald Grantland's bill "sprouted wings and took off, and I'm happy about it," said Lauderdale Commissioner Rhea Fulmer. Her district includes the Killen area, where regulatory questions about a proposed private sewer provider first prompted her to get involved in county politics.

"It is this specific issue I was elected on," Fulmer said. "We could see problems ahead if we didn't put something in place to regulate these companies," she said.

The bill gives protections to consumers who live in neighborhoods in unincorporated areas. Possible step rate hikes were one concern.

What started out as a push for a local bill for one county turned into support for Democrat Grantland's statewide bill, Fulmer said.

Grantland, D-Hartselle, said consumers and service providers said they wanted a uniform system of regulations for private sewer companies that did not exist in state law.

Meetings with Association of County Commissions of Alabama Director Sonny Brasfield and Public Service Commissioner Susan Parker helped develop the bill.

Brasfield said county commissioners across Alabama became concerned that Alabama would face problems with private sewer systems that other states already faced.

In some states, Brasfield said companies built private sewer systems in neighborhoods in unincorporated areas and either failed to maintain them, raised rates rapidly or left the area when problems developed.

Alabama law only had "almost accidental" references to private sewer regulations, and, in many instances, subdivision references contained no mention of sewer systems at all, Brasfield said.

Grantland's bill took effect when Gov. Bob Riley signed the measure after the regular session ended in May. Grantland said the certification and permit fees the companies pay the state will provide funding for monitoring the systems.

Under the new law:

The Public Service Commission will determine whether a company applying for a sewer service permit is economically viable and must approve any sale or sublease of a private system. PSC also will require the applicant be bonded and will collect fees. Violators will face fines of up to $10,000.

The Alabama Department of Public Health will monitor small sewer systems serving housing developments that generate up to 15,000 gallons per day (about 90 houses).

The Alabama Department of Environmental Management will monitor larger systems that generate more than 15,000 gallons of waste per day.

M.J. Ellington is the Montgomery bureau chief for the TimesDaily and The Decatur Daily. She can be reached at mjellington@DecaturDaily.com.

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