Brenner and Crawford's Revised Septic Ordinance relies on Complaints to police OSS Systems

The way that communities grow and develop can directly affect the health of current and future populations. Even small land use decisions can have widespread environmental impact.



For example, household sewage that is improperly disposed of may contaminate the groundwater, or spread disease and bacteria which could put the public at serious risk for disease. More than 1200 people die annually from water contamination.

The U.S. Environmental Protection Agency (EPA) estimates that 168,000 viral and 34,000 bacterial illnesses each year occur as a result of consumption of drinking water from systems that rely on improperly treated groundwater. In addition, researchers estimate that, including unreported cases, between 4 and 33 million waterborne gastrointestinal illness occur each year in the United States. Malfunctioning septic systems have been identified as one of several potential sources of this contamination.

At the January 26th regular council meeting, Whatcom County Health reported that in 2009, county OSS ordinance inspections revealed that 30% out of 6,000 systems tested required maintenance in order to operate efficiently.  

Contamination of drinking, recreational and shellfish water can occur when human or animal feces from farms, septic or wastewater systems, or urban areas flows into ground or surface water. Although many wastewater and water treatment systems are effective at removing pathogens, heavy rainfall and large amounts of runoff can compromise the efficacy of those systems. Whatcom County has both heavy rainfall and large amounts of runoff.

How bad can it be? In 1993, a single-outbreak of cryptosporidiosis in Milwaukee involving contaminated drinking water resulted in more than 400,000 illnesses and 69 deaths.

Unfortunately, members of the community did not have access to the new OSS ordinance, because members of the community are not on the county's distribution list, which includes some media, councilmembers, council staff, most county departments and a group of citizens referred to as the "special notification group." (I'm not entirely sure this form of Introduction (without publication) is procedurally correct)).

Nor, was a link to the new ordinance provided on the County website. (Consequently, I'm posting a copy of the ordinace below for public review).

The proposed OSS ordinance will end mandatory onsite septic insepections by licensed inspectors and essentially return the county to a "complaint driven system" of enforcement.

Councilors Crawford and Brenner assert that the amendment is necessary because there is no evidence that water contamination from existing OSS systems is a significant public health issue. This assertion is based in part on the assumption that new septic tanks are safe. The assertion does not take into consideration that there are an estimated 30,000 onsite septic systems of varying age and efficacy in Whatcom County.

Here's the new proposed ordinance:
PROPOSED BY: Brenner and Crawford
SPONSORED BY: Consent
INTRODUCTION DATE: January 26, 2010

ORDINANCE NO. _______

AMENDING WHATCOM COUNTY CODE 24.05, ON-SITE SEWAGE SYSTEM REGULATIONS

WHEREAS, on November 21, 2006, the Whatcom County Council adopted Ordinance 2006-056, amending Whatcom County Code Chapter 24.05, On-Site Sewage (OSS) Systems in Whatcom County; and

WHEREAS, on March 25, 2008, the Whatcom County Council adopted Ordinance 2008-015, further amending Whatcom County Code 24.05, On-Site Sewage Systems in Whatcom County; and

WHEREAS, enforcement of these regulations have shown approximately a 3%-4% failure rate with OSS systems, which translates to a 96%-97% compliance rate; and (only 6,000 OSS systems have been inspected - with 30% requiring maintenance).

WHEREAS, enforcement of these regulations have created costly and unplanned-for financial burdens on citizens of Whatcom County, many of whom who are responsibly using and operating fully functioning and environmentally safe OSS systems; and

WHEREAS, these regulations as currently applied and enforced blanket entire areas of the County, and eventually will include all areas of the County; and

WHEREAS, since these regulations were passed, many Whatcom County residents have experienced significant reductions in their finances due to deep recessionary conditions; and

WHEREAS, Whatcom County has not yet procured additional funding to directly assist residents with inspections and/or repairs to OSS systems like has occurred in other counties; and

WHEREAS, Whatcom County has not yet provided a low-interest loan program like those that are successfully operating in other counties; and

WHEREAS, the need for a low interest loan program was raised before passage of the current ordinance when there were ample state funds to set it up; and

WHEREAS, Whatcom County government has experienced revenue shortfalls resulting in a hiring freeze, and potential future additional personnel lay-offs; and

WHEREAS, since the passage of these OSS system regulations, additional specific land-use regulations have been adopted by Whatcom County which address additional environmental impacts of development, such as adoption of a new Shoreline Management Program; and

WHEREAS, all newly installed OSS systems are well regulated, engineered, designed, and monitored; and

WHEREAS, there is no evidence that water contamination from existing OSS systems is a significant public health issue; and

WHEREAS, as systems are repaired, upgraded, or replaced based on homeowner classes, a low interest loan program, sales of homes, OSS system owners’ preference, ongoing Whatcom County Health Department complaint responses, and ongoing violation enforcement, the overall water quality of Whatcom County related to OSS systems should improve; and

WHEREAS, inspections will still be performed by homeowners or their assigned according to state law; and

WHEREAS, the sale of any home in Whatcom County still requires a permitted and professionally inspected working OSS system.

WHEREAS, complaint-driven enforcement regarding OSS systems is responsive and monitored.

WHEREAS, observations by Health Department staff of potential violations are responsive and staff investigates each violation for compliance;

NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting as the Whatcom County Board of Health, that the provisions of the Whatcom County Code, Chapter 24.05.160A 4. and 5., related to evaluation and reporting of OSS systems are hereby amended as contained in Exhibit A to this ordinance; and

BE IT FURTHER ORDAINED that Whatcom County will ensure all OSS homeowners have an opportunity to take the OSS homeowners’ classes and that a low-interest loan program is set up, and

BE IT FURTHER ORDAINED, enforcement of Whatcom County Code, Chapter 24.05, shall continue to include a.) response to site-specific complaints, b.) Observed potential violations and enforcement follow-up by Whatcom County Health Department, c.) permitting and regulatory processes at the time of installation, repair, alteration, or expansion of OSS systems, or transfer of property as specified in WCC 24.05.160A 1., and WCC 24.05.160A 12., and

BE IT FURTHER ORDAINED that the goals of the Washington Administrative Code 246-272A-0015 (1) (a) and 246-272A-0015 (1) (g) shall continue to be met through this amendment, and

BE IT FURTHER ORDAINED, that the responsibility or obligations of OSS system owners in Whatcom County to maintain and/or repair their OSS systems in a legal and safe manner shall continue as specified in Whatcom County Code, Chapter 24.05, and

BE IT FINALLY ORDAINED, that the Whatcom County Health Department shall inform existing OSS system owners who have already been notified that amendment of these requirements has occurred.

ADOPTED this day of , 2010.

WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON

___________________________ _______________________

Dana Brown-Davis, County Clerk Sam Crawford, Council Chair

APPROVED AS TO FORM: ( ) Approved ( ) Denied

_____________________________ ___________________________

Civil Deputy Prosecutor Pete Kremen, County Executive

Date: ____________________



Exhibit A (Previous OSS Ordinance)
(OSS Ordinance)
24.05.160 Operation and maintenance.

A. The OSS owner is responsible for properly operating, monitoring and maintaining the OSS to minimize the risk of failure, and to accomplish this purpose, shall:

1. Obtain approval from the health officer before repairing, altering or expanding an OSS;

i. All systems which were legal at time of installation and which are not currently functional will be allowed to be repaired to functionality if recommended by a professional installer, designer, or another OSS specialist. This would include replacement of bent or broken drainfield pipes.

2. Secure and renew contracts for periodic maintenance where required by the WCHD;

3. Obtain and renew operation permits if required by the WCHD;

4. Assure a complete evaluation of the system components and/or property by a licensed O&M Specialist to determine functionality, maintenance needs and compliance with this chapter and any permits. A report of system status shall be completed at the time of the evaluation and submitted to the WCHD.

5. Assure subsequent evaluations of the system components and/or property are completed as follows:

i. At least once every three years for all systems consisting solely of a septic tank and gravity SSAS;

ii. Annually for all other systems unless more frequent inspections are specified by the health officer;

5 6. Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary;

7. Provide maintenance and needed repairs to promptly return the system to a proper operating condition;

i. All systems which were legal at time of installation and which are not currently functional will be allowed to be repaired to functionality if recommended by a professional installer, designer, or another OSS specialist. This would include replacement of bent or broken drainfield pipes.

8. Protect the OSS area and the reserve area from:

i. Cover by structures or impervious material;

ii. Surface drainage and direct drains, such as footing or roof drains. The drainage must be directed away from the area where the OSS is located;

iii. Soil compaction, for example by vehicular traffic or livestock; and

iv. Damage by soil removal and grade alteration;

9. Keep the flow of sewage to the OSS at or below the approved operating capacity and sewage quality;

10. Operate and maintain systems as directed by the health officer;

11. Request assistance from the health officer upon occurrence of a system failure or suspected system failure;

12. At the time of property transfer, provide to the buyer a copy of the current report of system status on file with the Whatcom County health department, and any available maintenance records, in addition to the completed seller disclosure statement in accordance with Chapter 64.06 RCW for residential real property transfers;

13. Ensure that a current report of system status by a licensed O&M specialist is on file with WCHD when a residence is offered for sale;

B. OSS owners or their assigns may perform their own OSS evaluation in accordance with subsection C of this section except for the following:

1. OSS technologies that are listed as proprietary on the Washington State DOH list of registered on-site treatment and distribution products;

2. Community drainfields;

3. Nonconforming replacement systems that do not meet vertical and horizontal separation installed as a result of a system failure;

4. OSS serving food service establishments;

C. OSS owners and their assigns, who choose to perform their own evaluations shall complete O&M homeowner training as approved by the health officer. Upon completion of training, OSS owners or their assigns may perform their own evaluations until property transfer for six consecutive years. Following each six-year period, the next required evaluation must be completed by a licensed O&M specialist. If OSS owners are discovered to be repeatedly noncompliant with this section, all subsequent evaluations shall be performed by a licensed O&M specialist the health officer may proceed with legal remedies. OSS owners of system types not listed in WCC 24.05.160.D who choose to perform their own evaluations shall complete O&M homeowner training as approved by the health officer. Upon completion of training, OSS owners may perform their own evaluations unless prohibited by a proprietary contract.

D. Persons shall not:

1. Use or introduce strong bases, acids or chlorinated organic solvents into an OSS for the purpose of system cleaning;

2. Use a sewage system additive unless it is specifically approved by WDOH; or

3. Use an OSS to dispose of waste components atypical of residential wastewater.

E. The health officer shall require annual inspections of OSS serving food service establishments and may require pumping as needed. (Ord. 2008-015 Exh. A; Ord. 2006-056 Exh. A).

Additional Research Sources:

EPA Onsite Septic Systems

WA State DOH Guide to Onsite Septic System Management 

EPA Aerial photography helps pinpoint failing systems

The Beast in the Backyard

Center of Disease Control report: Health Effects from NRDC

Local Political Satire on public health issue: http://98225questions.blogspot.com/