Requirements for the Repair, Replacement and New Installation of Septic Systems in the Critical Area

What is SB 554?

SB 554 is the Chesapeake Bay Nitrogen Reduction Act of 2009 (the Act) that established new requirements for on-site sewage disposal systems within the Critical Area. The Act, effective October 1, 2009, requires a nitrogen-reducing unit (NRU) in place of a septic tank where a repair, replacement, or new on-site sewage disposal system installation is made and applies to permit applications for septic tanks, drainfields, drywells, sand mound systems, pressure dosed beds and any other type of on-site sewage disposal system on a property in the Critical Area. Any portion of a property that falls within the Critical Area must comply with the Act. Properties located outside the Critical Area and the repair or replacement of piping in the Critical Area due to clogged or broken sewer lines are not required to comply with the Act.

More information about NRUs is available by visiting Nitrogen-Reducing Systems - Frequently Asked Questions.

What type of nitrogen-reducing unit is necessary to comply with the Act?

The Act establishes Best Available Technology (BAT) for removing nitrogen as the type of NRU acceptable for complying with the Act. Only pre-qualified licensed disposal system contractors may install an NRU.

More information on BAT approved units is available by visiting Bay Restoration Fund Best Available Technology for Removing Nitrogen from Onsite Systems.

What other requirements apply?

Property owners are required to enter into an agreement, which specifies the maintenance responsibilities of the NRU and the square footage and number of bedrooms of the dwelling. The property owner is also required to maintain an operation and maintenance (O&M) service contract with a certified service provider for the life of the NRU. The certified service provider is required to submit annual reports on the inspection, operation and maintenance of the NRU to the Department of Health.

What information must I submit to the Department of Health to install a nitrogen-reducing unit?

A site plan of the property and a completed Perc Application with appropriate fees must be submitted to:

Online Registration for Perc Application - Department of Inspections and Permits

More information is available by visiting Perc Testing Procedures Where On-Site Septic Systems are Proposed.

What programs are available to assist property owners with the cost of installing a nitrogen-reducing unit?

The Bay Restoration Fund provides grants to property owners to cover part or all of the cost for the nitrogen-reducing unit. Based on the availability of funding, applications are processed on a first-come, first-served basis with priority given to the repair or replacement of failing septic systems within the Critical Area. More information is available by visiting Bay Restoration Fund. Or, to apply for a Bay Restoration grant, see Grant Application for Nitrogen-Reducing Pretreatment Unit.

The Linked Deposit Loan Program discounts the loan interest rate to install a nitrogen-reducing system or to repair or replace a failed septic system. More information is available by visiting Linked Deposit Loan Program.

The Well and Septic System Assistance Program helps income-qualified applicants repair or replace failing septic systems. More information is available by visiting Well and Septic System Assistance Program.

Where can I receive additional information?