Maryland Governor to Reintroduce Septic System Ban

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Maryland Governor Martin O’Mally announced in August that he would reintroduce a ban on septic systems in new, large developments. He first proposed the ban in early 2011, but it drew opposition from even his own Democratic party and failed.

In making the announcement, O’Mally said the new proposal would focus more narrowly on “McMansion developments” with 200 to 300 homes on individual septic systems. His proposal came as he was also pushing for more state control of local development planning, including state funding of infrastructure for developments in only those areas approved by his office.

One land developer observed that the two proposals would sewer extensions to areas not approved by the governor while also banning septic systems, making it impossible to develop the land.

 

Texas

Effective September 2011, Grayson County homeowners with aerobic onsite systems must have a maintenance contract with a licensed service provider or complete a course to inspect and maintain the systems themselves.

In Parker County, commissioners overruled recommendations by the County Health Department and adopted less stringent state standards for monitoring aerobic systems. The department had proposed annual maintenance contracts with licensed contractors and quarterly inspections. The changes also allow the 7,500 homeowners to opt out of the mandatory six hours of training to do the inspections themselves. The Texas Commission on Environmental Quality must approve the changes.

 

Rhode Island

An attorney sued the town of Portsmouth and Wastewater Management Commission members for selecting properties for onsite inspections based on their likelihood of passing. Homeowners must pay for the inspections. The town passed the Wastewater Management District ordinance requiring onsite inspections, but commissioners selected only new homes or those with systems less than 10 years old.

The suit relates to the Department of Environmental Management Notice of Violation against the town, filed in 2010 to prevent the discharge of sewage from stormwater pipes. The agency fined the town more than $186,000. The attorney contends that the inspection ordinance is a misguided attempt to concoct a defense to the notice.

 

New York

The Long Island Pine Barrens Society filed a lawsuit to reverse a bill that allows Suffolk County to take 37.5 percent of $157 million from its Drinking Water Protection Program to help balance the county’s $150 million budget gap. The money would come from a budget line slated for upgrading onsite systems near impaired waters and stabilizing the sewer tax rate. In 2007, county residents voted to approve a quarter-penny sales tax to support the drinking water program.

 

North Carolina

A state appeals court upheld a $28,000 award to a couple over a bogus septic tank permit issued by a government health inspector. Authorities say the inspector falsified records to issue permits and has pleaded guilty to bribery. The state must pay the couple for the cost of another lot and the pumping system they bought to service the original lot.

 

Colorado

A program developed by the Tri-County Health Department requires residents of Adams, Arapahoe, and Douglas Counties to obtain an onsite system Use Permit before selling their property or modifying their home. The program will locate unrecorded systems, identify those in failure, and establish uniform inspection requirements for licensed inspectors.

 

Washington

Clark County commissioners, in their role as the Board of Health, considered two proposals on onsite system operation and maintenance fees. One would eliminate the county inspection and tipping fees and impose a $21 flat fee on property taxes of the 34,000 residents with onsite systems.

The other would increase the county’s tipping fee from 6 to 11 cents per gallon pumped and increase the reporting fee from $20 to $28. Health department calculations show the flat fee would increase revenue by $194,458, of which $9,791 would be used for the billing service. The proposal to increase the inspection and tipping fees would bring in an additional $184,667.

 

California

The state Water Resources Control Board scheduled a public comment period for new onsite rules in response to AB 885, passed by the legislature in 2000. The updated proposal was released in September, and adoption hearings were set for spring 2012.

Rather than a statewide standard, the policy establishes “a statewide, risk-based, tiered approach” according to the Public Comment Draft of the policy posted on the agency website at www.swrcb.ca.gov/water_issues/programs/owts/index.shtml.

“The establishment of a single set of criteria for OWTS would either be too restrictive so as to protect for the most sensitive case, or would have broad allowances that would not be protective enough under some circumstances,” the document states. “To accommodate this extreme variance, local agencies may submit management programs for approval, and upon its approval then manage the installation of new and replacement OWTS.”

 

Missouri

The Department of Natural Resources has issued a $1 million grant to the Ozarks Water Watch to help people replace failing septic systems. The organization will provide a 50-50 combination of grant and no interest loan money to cover 50 percent of the cost of replacement, up to $10,000. Low-income applicants can get up to 90 percent of the needed funds. Visit www.ozarkswaterwatch.org.



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