Amendment ID: S3050-143

Amendment 143

Composting and Waterless Sanitation Facilities

Mr. Crighton moves that the proposed new draft be amended by inserting after section X the following section:-

SECTION X. Chapter 21 of the General Laws is hereby amended by inserting after section 67 the following section:

Section 68. Composting and Waterless Sanitation Facilities; Department of Conservation and Recreation

(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:—

“Composting sanitation facility", a composting toilet system or waterless waste management system, including any system manufactured by or substantially equivalent in design and function to those composting toilet systems certified under NSF/ANSI Standard 41, that processes human waste through aerobic biological decomposition without the use of water or connection to a municipal sewer system.

"Environmentally appropriate location", a site at which installation of a Composting sanitation facility is technically feasible and ecologically beneficial, including but not limited to: locations adjacent to or within sensitive watersheds, wetlands, or vernal pool buffer zones; locations where septic system installation is constrained by soil percolation rates, depth to groundwater, or lot size limitations; locations in designated Areas of Critical Environmental Concern; locations where water table contamination risk from conventional sanitation is elevated; or locations where water conservation goals of the commonwealth would be advanced by waterless waste management.

(b) The department of conservation and recreation shall prioritize the installation of composting sanitation facilities at public restrooms and comfort stations located within lands and facilities under the department's care, custody, and control, where such installation is determined to be environmentally appropriate pursuant to subsection (c).

(c) Not later than 18 months after the effective date of this act, the department shall conduct a comprehensive assessment of all public restroom and comfort station facilities under its jurisdiction and shall identify locations that qualify as environmentally appropriate for the installation of clivus sanitation facilities. Such assessment shall consider:

(1) the proximity of the facility to sensitive environmental resources, including surface waters, wetlands, and public drinking water supplies;

(2) the existing sanitation infrastructure and its adequacy, age, and environmental performance;

(3) the feasibility and cost-effectiveness of clivus sanitation installation relative to conventional alternatives over a 20-year lifecycle;

(4) the volume of public use and seasonal visitation patterns;

(5) consistency with any applicable master plan, watershed protection plan, or resource management plan; and

(6) input from the department of environmental protection and the division of ecological restoration.

(d) The department shall, in prioritizing installations under this section:

(1) give first priority to facilities in Areas of Critical Environmental Concern, as designated by the secretary of energy and environmental affairs;

(2) give second priority to facilities in drinking water supply watersheds and aquifer recharge areas;

(3) give third priority to facilities in coastal and inland wetland buffer zones; and

(4) thereafter prioritize facilities where the existing sanitation infrastructure has reached the end of its useful life or where conventional replacement would require significant capital expenditure.

(e) The department shall develop and implement a maintenance and operations protocol for all composting sanitation facilities under its jurisdiction, which shall include:

(1) a schedule for routine inspection and maintenance;

(2) training standards for department staff responsible for the operation of such facilities;

(3) performance metrics to assess the environmental effectiveness and public health compliance of each facility; and

(4) procedures for the lawful removal and beneficial use or disposal of composted end-product material in accordance with regulations promulgated by the department of environmental protection.

(f) The department shall file an annual report with the clerks of the senate and house of representatives, the joint committee on environment, natural resources and agriculture, and the secretary of energy and environmental affairs, detailing:

(1) the number and location of composting sanitation facilities installed during the preceding fiscal year;

(2) the number of facilities identified as candidates for future installation;

(3) maintenance activities performed and any compliance findings;

(4) estimated water savings attributable to facilities installed pursuant to this section; and

(5) any recommendations for statutory or regulatory changes to advance the purposes of this section.