Given the rising concern over the state’s newly proposed septic system rules, health board officials are hoping to set the record straight.
Residential and water sewage program manager with the Ohio Department of Health (ODH), Rebecca Fugitt, explained that the purpose of the updated rules is to modernize the 1977 rules that are currently in place because there is much more technology available to treat sewage more effectively.
The rules, she stated, do not require that all sewage systems must be automatically upgraded or replaced. Instead, they set new standards for system construction, alteration, and maintenance when a system fails or breaks and must be altered or replaced, or when a new system is installed. All existing systems are approved under state law until they fail and cannot be repaired, she said.
And fortunately for Richland County residents, the rules are anticipated to have a minimal effect in the region because the Richland County Health District has been progressive in modernizing its sewage program standards, said Fugitt.
While a 2012 survey conducted by the ODH showed that 31 percent of sewage systems in Ohio are failing based on the nuisance criteria, Matt Work, Director of the Environmental Health Division of the Mansfield/Ontario/Richland County Health Department, reported that in the last three years, the average number of septic system replacements due to failed systems in Richland County amounted to 13 replacements per year.
State Representative Mark Romanchuk composed a letter addressed to the ODH in June of this year, listing some of the community concerns regarding the new septic rules. Romanchuk later said that these concerns deal primarily with the fees. Another big concern, he added, was if every septic system needed some sort of repair.
In regard to cost concerns, data provided to the ODH since 2007 by the local health districts shows that the average cost of a new sewage system is $8,200. Depending on complexity and components required of the system, costs may be more or less. However, the ODH does not anticipate large increases in system costs because many systems will continue to use the basic designs used now on many lots, said Fugitt.
“We’re looking at utilizing the very basic systems for the largest percentage of systems, and we don’t envision that to change,” said Fugitt. The preferred system for installation is the septic tank to leaching trenches, which already constitutes 60-65 percent of installed systems in the state.
Depending on the septic site’s geography, expenses could reach up to $20,000, but those high cost systems are rare, mentioned Fugitt. Drip irrigation systems, which range from $15,000-$20,000 constitute less than five percent of systems in Ohio. Mound systems, which run about $12,000, constitute less than eight percent of systems, Fugitt stated.
To help keep costs down, the ODH has worked with the Ohio Environmental Protection Agency (EPA) to offer financial assistance in which counties and cities may choose to participate in to qualify to receive 85-100 percent of systems repair or replacement costs based on income.
Residents can also choose to have incremental repairs and replacements, in which the repair process is completed in stages to help manage costs. “The law provides the local health districts to work with homeowners to come up with a plan to correct their systems, also allowing homeowners the ability to phase in the repairs or replacements of their systems overtime,” said Fugitt.
There are three possible fees under the proposed rules: installation, alteration, and operational. The proposed draft rules set a fee amount of $74 for new/replacement systems and $35 for alterations using a standard cost methodology that is used by the local health districts to establish local fee amounts.
Operation permit fees “serve as a mechanism that the local health districts can use to help them track the maintenance,” said Fugitt. The fee amounts are established by the local health districts.
Fugitt further explained that the local health districts are tasked with the responsibility of monitoring maintenance among residential sewage systems to ensure that the proper maintenance is carried out.
Local health districts may carry out inspections without prior notice; however, this occurs only when there is probable cause to believe that the system is endangering or threatening to endanger public health. All other inspections would be scheduled with the system owner and there is no automatic inspection program.
“The ultimate goal of local health boards is to prevent public nuisances from happening,” said Fugitt.
Fugitt also stated that everyone has the opportunity to receive a custom repair of their system. When the repairs or replacements are malfunctioning, then the resident is advised to seek assistance from their local board of health for an alteration or repair.
As previously indicated, one of the goals of the rules is to allow for more technology. Fugitt extrapolated on this idea, stating that under the 1977 rules, only three technologies are allowed for operating septic systems. With the proposed rules, approximately 35-45 new technologies will be offered. “You can mix and match so many different pieces and parts,” explained Fugitt.
She noted another benefit, stating that the several technology options spur more competition among companies, “and that’s what drives the market and will allow for lower costs to consumers.”
Executive Vice President of the Ohio Home Builders Association Vince Squillace agreed and stated that the new standards allow for more variety and less expensive options. “When the new rules were designed, they were made more reasonably so as to accommodate many systems,” Squillace. stated When the 1977 rules were written, homeowners were left with slim options with what systems they could use he said.
And while some areas may call for more costly systems to be installed, depending on the geographical location and other variants, there is more flexibility available with the new standards and more opportunity to use the land more efficiently, Squillace added.
Romanchuk noted, “The state’s updated sewage system construction standards were passed and signed into law before I was a member of the state legislature. Because this issue has initiated a wide range of opinions recently, I want to encourage the residents of Richland County to voice their opinions during the upcoming public comment period, which will be set by the Ohio Department of Health.”
“Vigorous debate is what leads to good policy, and this period allows people to express their ideas and concerns regarding an issue that is very important to our area,” said Romanchuk.
Adoption of the rules is anticipated for April 2014.
For more information regarding the proposed rules, go to the ODH website.
“The law provides the local health districts to work with homeowners to come up with a plan to correct their systems, also allowing homeowners the ability to phase in the repairs or replacements of their systems overtime,” said Rebecca Fugitt.
In the midst of it all, one may be curious how the proposed rules even came into being. In 2007, the ODH was originally required to develop the statewide rules. Due to economy concerns and changes in the proposed rules, portions of the state law were suspended in 2007. The law then changed in 2010 to modernize the standards for siting, design, installation, alteration, operation, and maintenance and abandonment of sewage treatment systems based on the law requirements.
Later that year, the ODH convened a rule advisory committee (RAC), which represented 43 organizations, and met monthly from 2010-2012. Draft rules were posted on the ODH website in February 2012, August 2012, October 2012, and early December 2012. The first compiled draft of rules was posted for comment from December 20, 2012 – March 1, 2013.
Over 2,100 comments were received on the initial draft of the rules. Fugitt stated that the ODH has spent last six months reviewing and responding to the comments, which she said related to “technical” matters.
The ODH is currently proposing a second draft of rules that will be posted sometime in October for the official 60-day review period, which will include the Ohio Public Health Advisory Board review and the Common Sense Initiative review. The rules will then be final and filed with the Joint Committee on Agency Rule Review, a 65-day process.
During the review period, people are encouraged to make comments.
