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State septic-system mandate gets new deadline
(by Joan Demirjian - December 16, 2009)
State septic-system mandate gets new deadline
By JOAN DEMIRJIAN
An amendment included in Ohio House Bill 363 passed last week that will extend the moratorium on household septic-system regulations to July 1, 2010, according to state Sen. Timothy J. Grendell, R-Chester.
He fought to extend the moratorium with the goal of working out "reasonable and economical septic regulations," he said. Currently, the rules being used are pre-2007, he said.
Proposed new regulations, now under the moratorium, would create the need for expensive systems, he said. A previous moratorium then was placed on them with House Bill 1, Mr. Grendell said.
The issues being debated revolve around trying to head off requirements for expensive septic systems for homeowners in Geauga and Cuyahoga counties, while still addressing environmental concerns, Mr. Grendell said.
During the moratorium, debate will continue over Senate Bill 110, and Senate Bill 100 proposed earlier this year. Mr. Grendell and state Sen. Capri Cafaro, D-Hubbard, are sponsors of S.B. 100.
Mr. Grendell said S.B. 100 would allow homeowners to continue to use less expensive trench systems under the supervision of the local county health district.
Geauga County Health Commissioner Robert Wiesdack has said S.B. 100 is good for homeowners and should be passed by the Ohio Legislature.
"The big difference is that mine would grandfather existing septic systems and keep the current definition of a health nuisance, an important point," Mr. Grendell said.
"They wanted to say 'could cause' a public health nuisance, and mine is that a system must be actually 'causing' a public health problem. They have agreed on my wording," he said.
The word "could" is a theoretical approach to make people replace their systems, according to Mr. Grendell. "It's a waste," he said.
Now, a major issue is the required "separation distance" that would be imposed by the state. He said he was able to get five issues he wanted in the bill, but the separation distance is still in question.
The separation distance is the distance between the gravel at the bottom of the trench through the topsoil to where the water cannot penetrate, or clay level.
"They want 18 inches," he said. "But it should be less than 18 inches," he said.
In Geauga County, the separation distance to clay is often only 4 to 6 inches, he said. But even if the water hits the clay, it will run off into the soil, Mr. Grendell said.
If the state requires a specific separation distance, Geauga County would be forced into requiring only "mound" and "drip" systems that are more expensive than the conventional trench septic systems.
In Geauga County, 96 percent of the septic systems are passing, Mr. Grendell said. "Why would they require more expensive systems just because of theory?" he said.
An Ohio University professor is recommending 4 feet of soil separation, but if it does not cause problems at a shallower depth, why change it, Mr. Grendell asked.
"If it does cause a problem, fix it, but if not, a property owner shouldn't have to spend $20,000 when it's not needed," Mr. Grendell said. "I like facts and science, and I think it should be based not on theory but on facts.
"Ninety-six percent of the households shouldn't have to waste their money replacing septic systems," he said.
Mr. Grendell questioned the need for expensive new systems, "with all the bells and whistles," when only a small percentage are not in compliance.
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