The Mansfield Association of Realtors and the Mansfield/Ontario/Richland County Health Department held a meeting Friday morning to discuss Ohio’s new septic rules. Speakers included Rebecca Fugitt, Program Manager of Residential Water & Sewage Program at the Ohio Department of Health; Matt Work, Director of Environmental Health at Mansfield/Ontario/Richland County Health Department; and Christopher Schraff, Attorney with Porter Wright and Representative on Task Force with the Ohio Association of Realtors.

Also in attendance were Scott Williams, Director of Governmental Affairs, Ohio Association of Realtors, and Mark Romanchuk, Ohio State Rep., House District 2.

“Our goal today is really is try to help understand the new proposed sewage rules,” said Work in his opening remarks, “and some of the misconceptions and some of the questions that you have about the rules. We understand there’s never going to be agreement anytime with rules in general, but at the same time we hope that we can clarify what the rules do state and how locally we are going to be addressing the rules.”

Fugitt explained why the rules needed to be addressed, “Think about 1977, because that’s the last time the sewage treatment system rules were modernized in the state of Ohio.”

Fugitt pointed out that homeowners today would not install a 1977 furnace, or use roofing shingles from that era. “We have come a long way in the science of sewage treatment systems,” she noted. “Think about all the technology we have today, that we have in our pockets and purses and everything else. The science in the field of sewage treatment system technology hasn’t stood still since 1977. It’s moved right along with the rest of technology that we embrace today.”

“What we really need to do, and the whole purpose of our rule package is to modernize our standards and what people can have access to,” added Fugitt. “That really is the key.”

Fugitt discussed the new sewage rules in depth and answered many questions from the Realtors in attendance, with assistance from Schraff and Work.

In response to a question regarding the cost of replacement systems for homeowners, Fugitt replied, “The rules authorize an incremental repair and replacement program. We also have funding available for low income people for repair and replacement.”

Fugitt suggested interested parties reference the website and financial resource links.

Leach wells, stressed Fugitt, would need replacement, as they are no longer allowed. However, other systems may simply need repair.

Concerns regarding underwriting the sale of homes that perhaps are in the stages of incremental septic repair and replacement were addressed, with Work and Fugitt admitting that this issue would need further research. Fugitt noted that Clermont County has been using a similar method of repair and replacement and contact with that county would be necessary to see if this issue had an impact on home sales in that area.

Questions from the audience also addressed the issue of noncompliance by homeowners, with an emphasis on whether or not homeowners would be evicted.

Work responded, “Our way of dealing with that problem usually is we really push for the homeowner to take responsibility and fix that. We give them every chance to do that. We will, next step, if they don’t do that, is we will take them to the prosecutor, take them to a judge, try to get them to agree to fix it. Failing that, they just walk away from the property and they refuse to do that, that’s when we would get into those penalties. And in worst case, it could go to the board of health for possible condemnation of the house. In the worst case, it would be a last resort. They would have an appeal process in front of the Board of Health, due process through the whole thing.

“Ultimately, we’re charged with making sure that problem is taken care of. If you are that neighbor, you have every right to make sure that problem is fixed,” continued Work.

Betsy Morgan, Realtor with Coldwell Banker, said she found the event informative and helpful.

Mike Mutchler of A-1 Septic of Ashland County said he found the program interesting and informative. “I just want people to be aware and knowledgeable of the sewer rules, of how a system works,” he said.

“I’m here to help,” said Romanchuk. “This process has been going on for about nine years, actually. It started in 2005. We’ve come to the end of this very long process that’s been vetted and vetted.”

“What’s left here is the local decision,” he continued. “I want to encourage people to get involved locally, so these local decisions that will be made that were discussed here at the end, everyone has a good opportunity to get involved in making those rules going forward. Once you get rules in place it’s difficult to sometimes to get them modified or changed.”

For more information on how the changes in sewage rules will affect homeowners, see this additional article.

 “We have come a long way in the science of sewage treatment systems,” stated Rebecca Fugitt. “Think about all the technology we have today, that we have in our pockets and purses and everything else. The science in the field of sewage treatment system technology hasn’t stood still since 1977.

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