Onsite Sewage System Regulation Along the Great Lakes and the US EPA “Homeowner Awareness” Model

Abstract

According to the United States Environmental Protection Agency (US EPA), a significant percentage of residential onsite sewage systems (OSSs) are failing at any given time. The US EPA has therefore issued a set of recommended guidelines for OSS regulatory programs aimed at reducing overall failure rates. We conducted a survey of OSS regulatory program administrators with jurisdictions bordering a Great Lake. Our goal was to determine their programs’ capacities to meet the US EPA’s recommendations. We found that although some local programs meet the US EPA’s recommendations, most do not. In this article, we present our findings and conclusions for one of the US EPA’s models, the baseline “Homeowner Awareness” model. Most areas do not have recommended requirements that systems be inspected when properties transfer between owners. A majority do not track changes in ownership within the computerized databases they use to record information about systems. Although most provide at least “one-time” information to homeowners regarding proper OSS maintenance, most do not contact them periodically with reminders of needed maintenance. We include recommendations for resolving some of the issues that our research identified.

Appendix: Onsite Sewage System Phone Survey Questions

Section 1: The Permitting Process

1. Please describe the major steps in permitting from the time that a homeowner or contractor first contacts your office to the point at which their system has been installed and operating for a year.

2. This is a question where I’m going to ask you to listen to a set of answer options and ask you to tell me all of the options that apply to your jurisdiction. When are installation-related onsite inspections required for OSS? A site inspection is required (Please check all that apply):

___ Never.

___ Prior to issuing an OSS permit as part of a soil or site evaluation

___ Prior to covering the permitted system.

___ Other. Please explain:______________________

3. This is another “options” question where I’ll ask you to tell me all of the options that apply to you. What OSS postinstallation inspections are required by your code or office? A site inspection is required (Please check all that apply)

___ Anytime the property changes hands (could be a nonsale transfer to a family member, etc.).

___ When the property is sold.

___ Whenever there is a complaint about system failure.

___ Whenever changes need to be made to the OSS.

___ We require sporadic or periodic inspections of all permitted systems (for instance, some agencies are required to inspect a certain number of existing, permitted systems per year).

___ Only we are requested to do so, for instance, if a bank requires it due to a mortgage application.

4. A Responsible Management Entity or RME is a public or private organization that is responsible for the operation and performance of systems within their service areas. For instance, a homeowners’ association could choose to hire an RME to take over the management of OSS for systems owned by their members (NB: This is NOT a sewer system, it is OSS based). Do you know of any private RMEs within your jurisdiction? Public? If yes, please describe the situation.

The following questions will use the terms “conventional” and “alternative” systems so I’ll give you the definition that I am using. Many regulatory agencies distinguish between conventional (gravity fed, septic tank leachfield combinations that use well established technologies and do not require a variance) and “alternative” (or innovative or performance) OSS. Alternative OSS are generally more expensive and difficult to permit than conventional OSS. They are generally used to permit construction where site conditions preclude the use of conventional systems. These alternative systems generally require more extensive periodic operation and maintenance.

5. This is another question with a list of options. What determines the type of system that will be allowed within your jurisdiction? (Please check all that apply).

___ Our agency has complete authority to determine the type of system that is appropriate to the site.

___ Our agency is limited by local regulations which state what types of systems are allowable. We cannot go beyond these regulations.

___ Our agency is limited by state regulations which state what types of systems are allowable. We cannot go beyond these regulations.

___ If a conventional system is being permitted, we make the decision at the local level. If a permit for an alternative system is requested, the permit must be issued by the state.

6. What challenges exist related to the permitting and monitoring of conventional systems within your jurisdiction?

7. Does your agency (or state) permit the use of alternative systems?

Yes/no (circle)

If yes, continue with this section. If no, skip to Section 2.

8a. Is this permitting described within your local code of septic regulation (if you have one)? Yes/no. (circle)

8b. If yes, please choose one of the following levels of agreement or disagreement with this statement: “In order to protect human and environmental health, our current local and/or state code needs to be updated in order to more effectively regulate alternative OSS.”

____ Disagree strongly.

____ Disagree somewhat.

____ Neither agree nor disagree.

____ Agree somewhat.

____ Agree strongly.

9. What types of alternative systems do you permit within your jurisdiction?

10. The next two questions are closed option type questions. Approximately what percentage of systems permitted by your agency in 2002 were conventional?

____ 20% or less.

____ Between 20 and 40%.

____ Between 40 and 60%.

____ Between 60 and 80%.

____ Between 80 and 100%.

11. Alternative? (some jurisdictions allow systems which are defined as other than alternative or conventional – such as “experimental”)

____ 20% or less.

____ Between 20 and 40%.

____ Between 40 and 60%.

____ Between 60 and 80%.

____ Between 80 and 100%.

12. What type of alternative system do you believe works best within your jurisdiction? Why?

13. Does your agency fully recover the costs of permitting alternative systems through permit fees? Yes/no. (circle) If no, are you having any problems funding work related to these systems? Please explain.

14. Do you (or the state if they issue the permit) require an operation and maintenance (O&M) contract as a condition of permitting alternative systems? Yes/no. (circle)

If yes:

a. Do you require proof of contract renewal for every year of the system’s life? Yes/no. (circle)

b. Do you require that the service provider report to you on the performance of the system? Yes/no. (circle)

c. What happens if your O&M contract or reporting requirements aren’t met?

15. Does the area within your jurisdiction have sufficient, reliable operation and maintenance contractors to adequately service high maintenance, alternative OSS?

Yes/no. (circle) If no, please explain.

16. What challenges exist related to the permitting and monitoring of alternative systems within your jurisdiction?

Section 2: Permit Databases

17. Some regulatory agencies have a computerized database of OSS permits. Do you?

Yes/no. (circle)

If yes, continue with the following questions. If no, skip to Section 3.

18. The following three questions are closed option questions, please listen to the options and tell me all that apply. What information is included in the database? (Please check all that apply):

___ The name of the legal property owner.

___ The address of the property.

___ A unique parcel identification number, such as a tax identification number.

___ Type of OSS.

___ Information regarding proof of operations and maintenance (O&M) service provision.

19. What properties, systems, or individuals are included in this system? Please check all that apply:

___ Every property for which a permit has ever been issued by our agency.

___ Only those properties for which permits have been issued since the computerized database was developed.

___ All septic systems within our jurisdiction, whether or not we issued a permit for them (some may predate current health codes).

___ Other. Please explain __________________

20. How often are individual records updated? Please check all that apply.

___ Never.

___ Every time a bedroom or other type of room is added.

___ Every time the property is sold to a new owner.

___ Every time the property is transferred to a new owner, regardless of whether or not it was sold (such as inheritance).

___ Every time a new permit is issued for a new system or change in the system.

21. If you could improve one thing about your computerized database of OSS what would it be?

Section 3: Homeowners

22. If you wanted to mail something to every owner of a property with OSS within your jurisdiction could you? Yes/no. (circle)

23a. Have you ever tried to communicate with OSS owners within your jurisdiction as a group? Yes/no (circle)

23b. If yes, (this is a closed option question) under what circumstances? (Please check all that apply.)

___ A media campaign regarding OSS [providing general information about what happens if systems fail, for example, trying to raise awareness among homeowners].

___ Changes in OSS rules.

___ Pumping or other type of maintenance reminders.

24a. Do you provide any general information regarding responsibilities for good OSS management information to homeowners with OSS? Yes/no (circle)

24b. If yes, (this is a closed option question) what types? (Please check all that apply).

___ Handouts or brochures that accompany permitting paperwork.

___ Handouts or brochures that real estate agents are asked to distribute.

___ Handouts or brochures distributed by agency site visitors.

___ Handouts or brochures available in our office.

___ Information provided on our website.

___ Information provided through another source. Explain:_____________

Section 4: OSS Regulatory Program Strengths and Weaknesses

25. I’m going to give you a range of numbers to choose from in answering the following question. Please estimate how many failed OSS came to the attention of your agency during 2002. (circle)

1–5.

6–20.

21–50.

51–100.

101–200.

Over 200.

26. Does your agency have sufficient regulatory authority to protect human and environmental health from OSS-related problems within your jurisdiction?

Yes/no. (circle) If yes, please explain.

27. Has your office experienced a significant rise or fall in budgets within the past five years? Which? How has this affected your OSS regulatory program?

28. Do you believe that old (older than 20 years) systems are a problem within your jurisdiction? Yes/no. (circle) Please explain.

29. What do you believe is the greatest strength of your OSS regulatory program?

30. If your OSS regulatory program remained the same as it is today, do you believe it would be adequate to protect human and environmental health 25 years from now? Why or why not?

31. What OSS-related problems (if any) do you anticipate developing within your area over the next 25 years?

32. If you could change one thing in the code that your agency enforces what would it be? Why?

33. If you could change one thing (other than the code) to improve your OSS regulatory program, what would that be? Why?