HB 2355

Present law provides that a person commits a Class C misdemeanor for all of the following acts, punishable by up to 30 days in prison, a fine of up to $50, or both:  Disposing of water carrying human waste, household or business waste, or to pipe or transmit raw sewage or the effluent from any septic tank or other system of any type, into or on public or private property. Each day of continued violation after conviction constitutes a separate offense.  Disposing of sewage or effluent from a subsurface sewage disposal system into an existing or abandoned well or well dug or drilled for that purpose, caves, sinkholes, ditches, streams, or surface of the ground.  Discharging sewage or other waste or contaminant at such proximity to the intake, well or spring serving a public water system in such a manner or quantity that it will, or will likely, endanger the health or safety of customers of the system or cause damage to the system. This bill provides that it is a Class B misdemeanor if a person commits any of the above offenses while engaged in the business of removing accumulated waste from subsurface sewage disposal systems, which is a system, other than a public or community sys tem, which receives sewage. A Class B misdemeanor is punishable by up to six months in prison, a fine of up to $500, or both. REVOCATION OF PERMITS Upon a conviction for a violation of this bill, this bill requires the court to notify the commissioner of environment and conservation who must suspend or revoke the person's permit to engage in the business of removing accumulated waste from subsurface sewage disposal systems, or refuse to issue the person such permit, as follows:  For a first violation, the commissioner must suspend the person's permit, or refuse to issue the person such permit, as applicable, for 30 days.  For a second violation, the commissioner must suspend the person's permit, or refuse to issue the person such permit, as applicable, for 90 days.  For a third or subsequent violation, the commissioner must permanently revoke the person's permit or permanently refuse to issue the person such permit, as applicable. ON MARCH 16, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2355, AS AMENDED. AMENDMENT #1 c larifies that the commissioner may revoke or refuse to issue a permit for an initial or second violation and that this bill does not limit the commissioner's authority to suspend or revoke a permit.