Legislation
SECTION 43-0110
Wastewater management
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 43
ยง 43-0110. Wastewater management.
1. The commission, in consultation with the department, the department
of health and each municipality located in whole or in part within the
park, and subject to approval by the department and department of
health, shall adopt, after public hearing according to the provisions of
the state administrative procedure act, rules and regulations for the
discharge of sewage or treated sewage effluent onto the land or into the
groundwater of the park to ensure optimum protection of ground and
surface waters within the park. Such rules and regulations may be more
stringent than rules and regulations adopted by the department. For
purposes of this section, the discharges shall include sewage or treated
sewage effluent applied to the soil or entering the groundwater through
runoff, seepage, percolation, spray irrigation and ground and spring
water flow.
2. The rules and regulations adopted by the commission under
subdivision one of this section shall be applicable to all development
within the park with respect to the discharge of wastewater; provided,
however, that nothing shall prevent a municipality from adopting a law,
code, ordinance or regulation which is more stringent than such rules
and regulations adopted by the commission.
3. The commission may delegate all or some of its authority under this
section to any municipality located in whole or in part within the park
subject to such conditions as the commission may establish.
1. The commission, in consultation with the department, the department
of health and each municipality located in whole or in part within the
park, and subject to approval by the department and department of
health, shall adopt, after public hearing according to the provisions of
the state administrative procedure act, rules and regulations for the
discharge of sewage or treated sewage effluent onto the land or into the
groundwater of the park to ensure optimum protection of ground and
surface waters within the park. Such rules and regulations may be more
stringent than rules and regulations adopted by the department. For
purposes of this section, the discharges shall include sewage or treated
sewage effluent applied to the soil or entering the groundwater through
runoff, seepage, percolation, spray irrigation and ground and spring
water flow.
2. The rules and regulations adopted by the commission under
subdivision one of this section shall be applicable to all development
within the park with respect to the discharge of wastewater; provided,
however, that nothing shall prevent a municipality from adopting a law,
code, ordinance or regulation which is more stringent than such rules
and regulations adopted by the commission.
3. The commission may delegate all or some of its authority under this
section to any municipality located in whole or in part within the park
subject to such conditions as the commission may establish.