By Becky Killian, Staff Writer

Officials are reviewing a proposed ordinance that details the requirements for private and commercial septic systems in the county.

Chris Boling, the environmentalist for the Washington County Health Department, explained the ordinance during the Wednesday, Nov. 6, meeting of the Washington County Board of Commissioners.

The county had a septic system ordinance previously, but a state law that became effective as of July 2023 voided all local ordinances passed before that date that pertain to septic systems. That law also formed a nine-member state level technical review panel.

Boling said the new state law was prompted by a couple counties that passed “draconian” requirements for septic systems. Now the state has taken control of such ordinances and removed some requirements, such as a minimum acreage requirement for septic systems.

Boling told commissioners that the proposed ordinance has been reviewed at the state-level and has been approved by the county’s health board. He said it will restore some of the local enforcement powers that were lost when the county’s original septic system ordinance was voided.

“It’s a little less involved and a little less effective than what [the ordinance] we had before,” Boling said.

If passed, the local ordinance will require installers to register with the health department. The registration will be reviewed annually. Unless the installer is registered to install septic systems in another county, the installer will have to pass a certification examination.

Soil testing will still be required prior to the installation of a new septic system or before any changes are made to an existing system.

The ordinance does allow sewage holding tanks; however, Boling cautioned that the legal requirements for such systems can make them more costly than a septic system. State law lists several requirements for holding tanks including a contract with a septic system pumper to routinely empty the holding tank as well as alarms that will indicate when the tank is more than 75 percent full. Applications for these systems must be submitted to the county health department as well as construction plans.

Any violations of the proposed ordinance or state law concerning septic systems could result in a notice of violation being sent to the property owner, who will have a set amount of time to remediate the violation. The local health department could also issue a stop work order.

If the violation isn’t remedied within the allotted time frame, violators could face a fine of $2,500 each day the violation occurs.

The ordinance details the appeals process the property owner can follow to dispute any permit denials, revocations, stop work orders, and penalties.

The proposed ordinance is currently being reviewed by the Commissioners’ attorney.