Apparently John Wolpers, Whatcom County Department of Health, has confirmed that the Whatcom County Health Department has ceased sending out initial notification letters requesting that homeowners contact licensed Operation and Maintenance septic specialists to perform initial septic evaluations.
The temporary "stay" applies to homeowners who have not complied with the second notification as well.
However, homeowners that have received either the first or second notification are still required to comply with the evaluation schedule (one or three years depending on their type of system, according to state law).
Homeowners who contact the county will be notified of the option to take a class and perform the evaluation themselves.
Or, homeowners can hire a licensed Operation and Maintenance specialist to do the inspection for them.
The choice is now up to the homeowner, unless they have a OSS system listed in WCC 24.05.160B
In Washington, on-site sewage disposal is managed at the local level with guidance and support from the state.
Washington State Board of Health regulations (Chapter 246-272 WAC) set statewide standards for location, design, installation, operation, maintenance, and monitoring of septic systems.
HB 1458, "the septics law" took effect on June 7, 2006. The bill directed county health officials in Clallam, Island, Kitsap, Jefferson, Mason, San Juan, Seattle-King, Skagit, Snohomish, Tacoma-Pierce, Thurston, and Whatcom counties to find and fix failing septic systems by 2012. The Dept of Ecology estimates that there are over 800,000 septic systems in the state that were installed prior to the adoption of 1974 standards.The Environmental Protection Agency estimates that up to 20% of the nations' septic systems may be failing. Whatcom County has an estimated 30,000 on site septic systems.
Local boards of health implement the new state regulations. WAC 246-272-00501, - 02001. The State Department of Licensing carries out a program to license system designers and the Washington Department of Ecology’s Water Quality Program has administered financial assistance for septic system repairs and upgrades.
Whatcom County has indicated that it would like to set up a financial assistance program for struggling families.
Whatcom County Council member Barbara Brenner publicly stated that the Whatcom County Prosecuting Attorney has issued an opinion that forced inspections are unconstitutional.
(I wasn't aware that Dave McEachran was serving on the Supreme Court - but what would I know)?
:)
For additional background information please see:
HB 1458
San Juan County Ordinance: http://sanjuanislander.com/county/health/septic_system_rules.shtml
Well I'm sure Mr McEachran would like to be a court all to himself, but he should not use the Answer Me trial on any resume' he means to tout his Constitutional expertise. ;)
ReplyDeleteI assume any time you do have an professional inspection, it will still require the pro to send a copy of the result to the Health Dept. No family in the county (IMO) can go 9 years before a pump out, let alone the usual 2-3 years. So this seems to encourage people to avoid the professional service they need for do it yourself ones. But a more reasonable compromise might be requiring an professional base line at every pump out and let people procrastinate or be on the honor system between pump outs. Not a good solution, but a compromise? Also how about
tracking who takes the class and if a home inspector's system is everntually found to be failing, and that person has taken a class and has been doing it themselves, then they wil have to do pro inspections more regularly? Just a deep thought, though not sure of legality.
But bottom line, and I have heard whining about this, seniors or low-income foks who want to achieve the higher standard of compliance or even the present one should be able to get a low interest loan or some instrument to allow them to deal with it responsibly without causing undue hardship.
Home inspection? Are you joking??? Have you ever tried to find an old septic tank, let alone lift a 300lb concrete lid completely off so you can take a peek?
ReplyDeleteHow does Ms. Brenner propose to follow State Law or is she now an Anarchist?
Is Brenner's dog trained in rescuing Little Old Ladies who pass out & pitch in head first into a giant vat of steamy septic goo, festooned with colorful condoms floating on the surface?
Brenner is going to defy 200 years of Public Health science and oppose halting raw sewage in other dog's drinking water?
I feel sorry for the dogs downstream of Brenner's house, if she has a septic tank.
Sewer Rat, anyone with a septic knows where their baffle and their lids are, unless it's an old defunct system somewhere on their property like the one I found in the middle of my driveway a bunch of years ago while installing a curtain drain. I had to dump a truck load of rock and gravel into the hole before I filled it up.
ReplyDeletePlus everyone has to have it pumped every few years no matter what. Even just two people.
The inspection and pump out lids weigh less than or about 100lbs.
I keep them under a flower bed so every few years I dig down and voila. Plus I added extenders with an ground level inspection lid on the last chamber where the pump to the drainfield is.
I had a professional inspection last year with my pumpout.
Though I had not received any letters from anyone other than the ones about classes; coincidentally, a few days after, a person from the Health Dept. showed up to see if he could do an inspection right then on the spot. I was able to tell him it had already been done without provocation by me, because I care, and he would get a report from them in days. He seemed a little frustrated, but since my system passed, I haven't heard anything more.
The weird part is he was poking around my property before I confronted him to ask if I could help him. He had not called. No one had, or written, but it is an older system and maybe
he was using the age as a point of concern, which is valid. But without any warning, without any reason for concern, other than the age, and without the courtesy to come to my door before doing so, his nosy and trespassive behavior was a little weird. I think this overzealousness is what can put a rural homeowner off and lead to recalcitrance rather than open cooperation.
But the need is valid, the concerns are real and the council needs to get a grip, obey the law, and find a compromise plus a way to make homeowners with systems of concern feel less embattled. The zealous employees also need to quit acting like they are cops and show some respect for the homeowner--especially if there has never been any reason for concern before. That is not going to induce cooperation.
P.S. Food scraps mulched by a disposal, waste and paper is all you should be putting down your septic, Throw the condoms in the garbage can dude.
ReplyDeleteThat was disgusting.
300lb lid, can't find it, sounds like the Rat's system is one of the ancient ones to be concerned about. Really you've never had it pumped before? In how many years? Leave the address and the Health Dept will be happy come and help you ;)
ReplyDeleteThanks! It was ancient. And 30 years ago. But they still exist.
ReplyDeleteThe last guy that came out to pump it used a crane and still managed to drop the concret lid into the tank (old split type lid). I believe his son in law, as newby, got to go in and retrieve it.
But this is the type of systems that are not being inspected or pumped by the owners.
There is no way anyone could easily inspect that system and it only got pumped because it was failing, which is how most systems get pumped.
Ms Brenner thinks its unconstitutional to inspect.
Rat, Two of your last three statements.
ReplyDeleteAu contraire mon ami, my system is coming up on 20 and not at all like what you describe so there are even newer systems of concern than the 30 year old.
And again, how in the hell can you go that long without a pump out and not expect to find the system is totally screwed up? So I think you have shown us how that happens. Don't do regualr pump outs and ignor the science. Interesting for someone who appears to be in favor of inspections? Or did I miss something?
I went three years and they had to break up solids (paper)which slowed it down. I have lived with this system for 19 years and have pumped it every three--so 6 times. I just can't fathom anyone who would let it go that long or could?
Jansen
Examples of mandatory inspections across the nation.
ReplyDeleteState certified boat inspections to prevent spread of invasive species: http://www.enjoyestespark.com/blog/?p=2957
Vehicleinspections in 20 states: http://www.math.byu.edu/~bill/Safety-Emission-Regs/
Building inspections: No one needs a link for this one!
In another tale from my neighborhood. A DOH employee was discovered poking around a neighbor's property. When contacted he told my neighbor that he was there to inspect the system. Only thing was, he didn't know that a new system had been installed two years before and he had no tools to do an inspection, not a screwdriver for the lid or anything. So my neighbor helped him out by providing everything he would need to do the inspection; but as he was pointing out the new system to the employee, it became obvious that the employee only had a rudimentary knowledge of septic systems to begin with and no knowledge of the newer systems installed there that he was inspecting, with my neighbor's help. Now my neighbor is an extremely knowledgable guy, and he was happy to explain things to the DOH employee; but he was impressed with how little the guy knew. Seems like there is a training gap as well.
ReplyDeleteHow would a DOH employee know that a new system had been installed?
ReplyDeleteI would think that it would difficult for the county to track system maintenance without periodic inspections and reports.
P.S. It's my understanding that an inspector can enter a person's property to inspect without permission under the Planning Enabling Act.
I'm sure another commenter will correct me if I'm wrong!
It was my understanding that any new system requires a notice or application or report to the
ReplyDeleteDOH, just as an inspection requires a report from any professional doing the work. I believe the permit applicationindicates that as well. Am I wrong?
Can you cite where in the Planning Enabling Act it states that someone can trespass on private property when there has been no notice of any problem or correspondence on same with the landowner?
ReplyDeleteAnd if you are correct, then shouldn't the DOH get notice of any work done by professionals installing a system and also notice of a permit application?
ReplyDeleteRCW 36.70.500 (Planning Enabling Act)
ReplyDeleteRight of entry — Commission or planning staff.
"In the performance of their functions and duties, duly authorized members of a commission or planning staff may enter upon any land and make examinations and surveys: PROVIDED, That such entries, examinations and surveys do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof."
http://apps.leg.wa.gov/RCW/default.aspx?cite=36.70.500
HB 1458 purpose:
ReplyDelete(1) Hood Canal and other marine waters in Puget Sound are at risk of severe loss of marine life from low-dissolved oxygen. The increased input of human-influenced nutrients, especially nitrogen, is a factor causing this low-dissolved oxygen condition in some of Puget Sound's
waters, in addition to such natural factors as poor overall water circulation and stratification that discourages mixing of surface-to-deeper waters;
(2) A significant portion of the state's residents live in homes served by on-site sewage disposal systems, and many new residences will
be served by these systems;
(3) Properly functioning on-site sewage disposal systems largely protect water quality. However, improperly functioning on-site sewage disposal systems in marine recovery areas may contaminate surface water, causing public health problems;
p. 1 3SHB 1458.SL
(4) Local programs designed to identify and correct failing on-site sewage disposal systems have proven effective in reducing and eliminating public health hazards, improving water quality, and reopening previously closed shellfish areas; and
(5) State water quality monitoring data and analysis can help to focus these enhanced local programs on specific geographic areas that
are sources of pollutants degrading Puget Sound waters.
Therefore, it is the purpose of this chapter to authorize enhanced local programs in marine recovery areas to inventory existing on-site sewage disposal systems, to identify the location of all on-site sewage disposal systems in marine recovery areas, to require inspection of on-site sewage disposal systems and repairs to failing systems, to develop electronic data systems capable of sharing information regarding on-site sewage disposal systems, and to monitor these programs to ensure that they are working to protect public health and Puget Sound water
quality.
Brenner and Crawford's proposed ordinance weakens our ability to gather accurate information about a onsite septic system.
Under the new proposal, the property owner is on the "honor" system to report and repair malfunctions and failures.
I attended the hearing on the 26th, and what I observed was a number of people who own failing systems chewing out the council because they are now going to be forced to replace a failing system.
In other words, the woman who belittled Carl was more concerned about her pocket book than the adverse public health impacts her failing system might be presenting to the community.
Something is very wrong with that picture.
If that is Sam Crawford and Barbara Brenner's idea of protecting public health, we are all in big trouble!
Mandatory inspection (at least for the first inspection) provides a layer of protection for downstream property owners.
I still don't think it's that simple since even a law enforcmement officer cannot enter property past a gate or fence that is posted no trespassing without a warrant. Rather they may, but then anything they found may not be allowed in a court proceeding.
ReplyDelete"In the performance of their duties..." it seems would apply only if they have a valid reason, such as a complaint or ongoing investigation.
Again I don't think it's that simple, and it would take more study of case law and precedent to see if that RCW holds up.
But the original point was, when you do that, prowl around and not have the courtesy to contact the owner, you do not inspire cooperation.Anyway in my case it is moot as I wish to cooperate.
I'm not sure that your assertion is correct. For instance, the WA State Dept of Fish and Wildife can enter property to perform their job functions, without notice.
ReplyDeleteI remember the calls we used to get in Olympia from local residents.
Sparkling County waterways, including little class III and IV fish bearing streams have always been subject to inspection by WDFW, I believe. No warrant needed.
ReplyDeleteIgnorance of the law just shows some people are.... in the process of learning about the law?
Whatcom County is a great place to live!