Virginia’s Emergency Alternative Onsite Septic System Regulations Comments 2

On September 28, 2009 the Virginia Department of Health published their proposed Alternative Onsite Septic System, AOSS, regulations for public comment. There was a 30 day comment period that closed on October 28th 2009. On Friday, November 6, 2009 the Department of Health posted the comments. The comments and emergency regulations were posted on the VDH website for your review (they have since been taken down). There are 187 pages of comments from designers, regulators, manufacturers, environmental groups, consultants, and homeowners. Some of the comments are so technical in nature that I fear the resolution would require a multi year experimental program. Many comments are interesting.

Amelia McCulley of Albemarle County states that enforcement of noncompliance will be critical. The Emergency Regulations read:
“The Board, commissioner, and Department may use any lawful means to enforce this chapter, including voiding a construction or operation permit, imposition of civil penalties, or criminal prosecution.”

To ensure the successful implementation of the Emergency Regulations, the regulations need to be clear in the operating requirements for homeowners and the failure to comply with the operating requirements requires clearly spelled out appropriate fines and penalties the department of health is willing and able to invoke. Criminal prosecution of a homeowner for lack of an Operation and Maintenance contract is unlikely to be pursued. Therefore, As Amelia points out the necessary staffing, tools and procedures will need to be in place to assure that enforcement can occur as needed.

Ted McCormack of the Virginia Association of Counties strongly endorses the provisions of 12VAC5-613-110 that require all AOSS owners to maintain an ongoing relationship with an state-licensed AOSS operator, and further, to have the AOSS visited on a regular basis… In addition, current and prospective staffing reductions at local health departments mean that regular operator visits of AOSS by licensed professionals may be the only way the commonwealth will ever know that the systems are functioning properly. “ He concludes that the protections, the performance and laboratory sampling and monitoring provisions must not be weakened under any circumstances, and in some instances, should be increased. His argument is that the costs of maintaining, monitoring and regulating the AOSSs should be born by the property owner.

Scott York of Loudoun County supports annual maintenance and inspection requirements. “Unlike traditional septic tanks, AOSS are complex machines with components that must be properly maintained in order to continue functioning according to system design. Annual operator inspection reports filed with the health department will not only ensure that each AOSS is properly functioning, but it will also lead to improved maintenance as problems are identified during the required site visit and pointed out to the homeowner. Annual inspections and better routine maintenance will decrease the incidents of catastrophic system failures, which can cost many thousands of dollars to fix.” Because the costs of repairing a complete system failure are so high, Loudoun County goes on to suggest the Health Department to develop a requirement for the owner, designer, installer, manufacturer or operator to post a performance bond or other form of financial surety in order to cover the costs of major system failures in the event that routine maintenance and inspections are not enough to prevent such failure.

For the single family homeowner the requirements of the Emergency Regulations are about, ensuring and that these systems perform to protect public health and the waters of the Commonwealth of Virginia. For single family homes the typical homeowner cannot afford a gold plated regulatory system with every potential system and regulatory failure, monitored for, tested for, and insured against on the homeowner’s nickel. As was pointed out by the PEC, even waste water treatment plants, may not provide adequate protection of the waters of the state from man. We as a state could not afford the infrastructure necessary to be monitor and verify performance and operation, and the homeowner can not afford it all. The Department of Health needs to determine the reasonable compromises that will protect public health and the environment in a less than perfect world. Controlling the density of septic systems and the required inspections and maintenance will go a long way in ensuring the protection of public health and the waters of the state. It is a start.

Groundwater Use and Septic Recharge a Green Solution

It is a Common perception that Septic Systems are highly consumptive. However as studies by the USGS, North Carolina Division of Water Quality and the Dutchess County Water & Wastewater Authority have clearly shown, when designed for the correct densities and recharge rates, well (or even surface water) use combined with septic systems is highly sustainable and ecologically sound (Draper, 2006; USGS, 2002). Surface-water resources and groundwater treated in Septic onsite wastewater treatment systems are non-consumptive because they increase base flow into the watershed, and the water can be reused. Properly designed and managed traditional septic systems, alternative septic systems and clustered septic system are an effective method of waste disposal and trod lightly on the earth’s resources. According to the US EPA alternative septic systems, both single family and clustered, exceed the standards for sewage treatment plants and replenish existing groundwater systems, returning clean water to the earth’s water cycle. These alternative onsite systems can be more sustainable to the surrounding ecosystem than sewers and centralized waste treatment and are certainly less expensive for the homeowners in sparsely populated areas. However, the systems need to work properly and alternative systems with multiple tanks, compressors and various parts require consistent maintenance to continue working properly. Remember though, what goes into your septic system goes into the earth. Think carefully about the products you use to clean your house. Paint, solvents, gasoline, insecticides and poisons should never go down your drain. Every chemical you pour down your drain is buried in your yard. In a multitude of ways your yard is part of the earth’s yard.

The 2006 USGS study of water use and recharge in the Atlanta area (before the watering ban) found that average household indoor water use was 200 gallons per day and in the summer months the total water use increased to about 300 gallons per day including outdoor water use. Sustainability should be examined in light of that level of usage. The Dutchess County Water & Wastewater Authority commissioned a study by the Chazen Company at about the same time to better understand County-wide aquifer recharge rates and to provide guidance for setting sustainable development densities specifically related to the use of individual wells and conventional individual septic systems based upon average aquifer recharge. While the quantitative results of the study would apply to the soil types, rainfall and temperature ranges specific to the watershed studied, extrapolations can be made to nearby locations. The weather from New England to the Mid Atlantic to the South becomes warmer and wetter. Currently, average rainfall for New York is 39 inches per year while for Virginia it is more than 45 inches per year. The hydrologic soil groups present in New York are the same groups present in Virginia, but I would guess there is a higher concentration of C/D and D areas. The predominant area of the study, Wappinger Creek is C and C/D soil category. Chestnut Lick, a large creek, behind my house has similar soil hydrologic properties, but the soils on the acres surrounding the house contain a higher proportion of clay. This may be natural or due to the excavation associated with development of the lot and road.

Shallow groundwater flow, or groundwater runoff, intercepts the land surface, feeding springs, and creeks and seeping back into the surface waters as the perennial flow or streams, rivers and other freshwater bodies such as swamps, lakes and ponds. Deep groundwater flow also known as groundwater runout, does not intercept the land surface, flowing instead directly into the ocean. Of all the Earth’s water, only 3% is estimated to be freshwater. Groundwater is estimated to be more than 30% of the freshwater. Precipitation is the source of all groundwater, both shallow and deep. Hydrology is a young science and the modeling of the water cycle is not complete. The recharge rates and water cycle of the shallow groundwater in humid environments is much better modeled and understood than the deep earth sources of groundwater. So, while the entire water cycle is essential to man’s survival, only the shallow cycle will be discussed here.

Aquifer recharge consists of the portion of rain and snow (mostly rain in Virginia) that seeps through the soil to the saturated water zone, the aquifer. Another form of recharge is interflow which is infiltration water that flow along clay and bedrock layers, and roots to reach surface stream without entering the aquifer. Only the aquifer recharge supports wells and septic system dilution, while both recharge and interflow support the surface water supplies. In watersheds with high clay content in the soils a large portion of the rains is lost in runoff creating seasonal streams and high creek and river flow during the spring and fall rainy season. The average daily aquifer recharge (from rain and snow only excluding septic recycling) for Soils C, C/D and D in Prince William Virginia are estimated 326-583 gallons per acre. It is essential in a sustainable system that the groundwater level be maintained with recharge and adequate surface water is supplied to maintain the ecology even during drought years. My property totals more than 10 acres and our total indoor and outdoor household water usage was clocked during the early summer at between 100 and 150 gallons a day. We do not water our garden; trying to plant only what will thrive in the natural environment unaided. Virginia gets plenty of rainfall and it seems silly to plant anything that requires irrigation. Thus, not only is my septic system non-consumptive, the recharge rate vastly exceeds our water usage (and hopefully our neighbors since our water supply is dependent on total demand and recharge of the aquifer).

Though as demonstrated by the USGS studies, septic is a non-consumptive use of water, it is important that the septic system is designed and operated in a way that protects the environment. Whatever goes down the toilet or the drain goes into the earth. (See Septic Systems and the Ecologically Sustainable Life.)The Dutchess County report used nitrate concentrations at half the drinking water level as a proxy to achieve adequate dilution and natural attenuation of all contaminants. Historically, horizontal and vertical setbacks were developed without consideration of the dilution for wastewater components like nitrate, pharmaceutical residue, caffeine and other substances we humans consume, process or produce. The NY Department of Health separation distances were assumed (and these are almost identical to the Virginia setbacks), but the overall regional density of septic systems was examined to ensure that groundwater resources would not be overwhelmed by the total load of contaminants. The density recommendations were developed based on the nitrate concentration in traditional septic wastewater. Nitrate was used as a proxy because all humans produce about 10 pounds of nitrate per year, it does not easily break down and there is a drinking water standard. The target concentration was half the drinking water level to ensure all outcomes are safely below the standard since household size varies tremendously.

The Dutchess County study and the NC study found that overall average density of on-site waste disposal should not exceed one unit per 2-3 acres for an average size house to ensure water quality and recharge in groundwater supplies. The controlling factor in minimum lot size requirements in the northeast appears to be maintaining water quality, not groundwater recharge. Adequate dilution, soil filtration and time are necessary to ensure sustainable water quality. An interesting point is that it is not cost effective to install central water or waste disposal on parcels larger than about a half acre, since the cost of the piping (line connections) between parcels becomes much too high. Clustered or conservation subdivisions can be built, but need to maintain the overall density by maintaining open space. Those who live in dense population areas might want to look to the sustainable ideas of Adam Matthews and Siobhan O’Connor in Good magazine, the water issue, though, I find their idea of a composting toilet in any environment to be really scary from a public health perspective.

Commonwealth of Virginia Emergency Regulations for Alternative Septic Systems Part 4

On Thursday, August 20th, 2009 the fourth and final meeting of the Virginia Department of Health “Alternative On site Sewage Systems Emergency Regulations Ad Hoc Committee” took place. I have participated in the process representing the homeowner’s point of view. Legislation approved in 2009 (HB 2551, Acts of Assembly, 2009, Ch 220) requires the Board of Health to promulgate emergency regulations to establish performance requirements and horizontal setbacks necessary to protect public health and the environment for alternative on site sewage systems. The regulations must go into effect no later than April 6, 2010 and must also contain Operation and Maintenance requirements for alternative on site sewage systems. It is the goal of the Virginia Department of Health to promulgate the regulations in the third quarter and have them go into effect before the end of the year.

For the final meeting, members of the Ad Hoc Committee and the Department of Health made a full court press to pull together and wrap up the process. I for one found the meeting and the materials provided both thought provoking and satisfying. The Committee was able to come to a consensus thanks in a large part to the able facilitation by Bruce Dotson of CSR of the University of Virginia. All the loosely controlled discussions of various people’s point of views allowed the Committee members to develop an appreciation of other perspectives to enrich our understanding of the difficulty of the problem. This broadening of our viewpoints allowed us to be accepting of the majority opinion for the scope of the performance requirements and horizontal setbacks necessary achieve our goal. Hopefully, the suggestions of the Committee will be incorporated into the emergency regulations.

To a large extent the final vote of the Committee was impacted by the materials provided by other Committee members. Colin Bishop of Bord Na Mona Environmental Products provided some research articles that clarified, for me, the issues on horizontal setbacks despite the reasonable arguments for a narrower limit for engineer designed systems. Most influential in my thinking was some of the older, but still valid research from the RS Kerr Environmental Research Laboratory in Ada, Oklahoma. When I worked for the US EPA this was the laboratory providing the groundwater research that was used in the development of groundwater models and regulations. The study by Marylynn V. Yates points out that septic tanks contribute 800 billion gallons of waste water per year to the subsurface. The study found that the most important factor influencing groundwater contamination by septic tanks is the density of systems in an area and the distance to the contamination point. It is as simple as that. The fewer systems per square mile the less chance of contamination. Distance from a septic system, the so called horizontal set backs are the final protection from harm especially for those of us who obtain our drinking water from private water supplies.

In a memo, Merle Fallon and a co-author who are very familiar with Department of Environmental Quality regulations pointed out that the Virginia Department of Health regulations for clustered system should be compatible with the current DEQ regulations for operators of alternative on site sewage systems. The rules for the operators should be substantially the same. In addition they point out that a single set of horizontal set backs will provide consistency. Though secondary treatment levels provided by alternative on site systems might allow the reduction in setback in some circumstances, using the standard setbacks allows for simplicity and provides a secondary degree of protection. When the Committee voted (thought it was in reference to engineered designs horizontal setbacks) it was in overwhelming support that the horizontal setbacks from drinking water, property lines and surface water were to be maintained for single family alternative septic systems. The balance of providing a reasonable secondary level of protection, especially in environmentally sensitive areas, defined as proximity to surface and drinking water supplies while allowing development and use of property was achieved. At least for me the logic of the argument presented by Marcia and Merle and information provided by Colin was most convincing. Virginia’s water supply is one of its great assets and should be carefully protected to ensure that the Commonwealth can continue to grow and prosper in years ahead.

My Water Test Results and Hard Water

Water is the fluid of life. The water I drink comes from a private domestic well drawing from the ground water beneath my land. Ground water is the world's largest source of fresh water. Scientists estimate the amount of ground water is 400 times greater than all the fresh water in lakes, reservoirs, streams, and rivers. All water, on the earth's surface and beneath the surface, moves through the hydrologic cycle: Precipitation falls on land; some water evaporates and returns to the atmosphere, some flows to streams and rivers, and some seeps into the soil. Water not used by plants and their root systems move deeper into the ground, downward through cracks, into empty spaces or pores in the soil, sand, and rocks layers until the water reaches an impermeable layer of rock. The water then fills the voids above the rock layer. The top of the water in the soil, sand, or rocks is called the water table and the water that fills the empty spaces is called ground water.

I take seriously my duty as care taker of a portion of the watershed. Part of that is the care and monitoring of my private domestic well, the source of my own water supply. One of the precautionary steps I take is to test my water annually, though in the Commonwealth of Virginia this is not required. The annual water analysis just came back for my well. I had my water tested for total Coliform bacteria at my local laboratory and had the WaterCheck with pesticides analysis performed at National Testing Laboratories, Ltd.

Private wells are usually only tested for total Coliform bacteria and fecal Coliform bacteria. Coliform bacteria live in the intestine of warm-blooded animals and serve as an indication of other bacterial problems. Testing for Coliform bacteria is easier and less expensive than testing for specific, disease-causing microorganisms. Coliform bacteria itself is rather harmless, but are indicators that the water supply is contaminated and that disease-causing bacteria may be present. Coliform bacteria can be an indication of contaminated surface water entering the well or water delivery system or the result of a faulty septic system. Fecal Coliform bacteria indicate contamination by human or animal waste. It is unacceptable for fecal Coliform bacteria to be present in any concentration.
There are treatments for contamination, but I prefer my water pure and unadulterated. So, I was pleased to receive the report of:

ABSENT for Total Coliform Bacteria
ABSENT for Fecal Coliform Bacteria

If you do have a bacterial problem, fix it. There are four types of water treatment that can be easily and inexpensively used to remove bacteria. They are chlorination, ozonation, ultraviolet light, and heat. Chlorination is the most commonly used means of disinfection in private water systems. High chlorine concentrations can have objectionable tastes and odors, and even low chlorine concentrations react with some organic compounds to produce strong, unpleasant tastes and odors. To eliminate the excessive amounts of chlorine, the water is then dechlorinated. Activated carbon filters are the most common devices used to dechlorinate water, remove objectionable chlorine tastes, and reduce corrosion of plumbing systems. In addition to removing taste and odor problems, granular activated carbon absorption is a good method to remove other impurities including some pesticide residues, and radon.

In addition to bacteria that may exist in domestic water supplies, other contaminants may be present including minerals, chemicals or metals that occur naturally in the soil or enter ground water as a result of human activities. While many natural contaminants such as iron, sulfate, and manganese are not considered serious health hazards, they can give drinking water an unpleasant taste, odor, or color.

The WaterCheck with Pesticides is an informational test packages targeted to be an affordable option for consumers. The WaterCheck with Pesticide covers 15 heavy metals, 5 inorganic chemicals, 5 physical factors, 4 trihalo methanes, 43 volatile organic chemicals (solvents), and 20 pesticides, herbicides and PCB’s. The Minimum Detection Levels, which are the lowest levels at which the laboratory detects that contaminant are below the levels established by the Safe Drinking Water Act so this affordable (relatively) test will serve as a broad screen of drinking water. The WaterCheck with Pesticides test results showed only detectable levels of calcium, magnesium, silica, sodium zinc. My water is slightly more than moderately hard, meaning, in my case, that calcium carbonate is present at 170 mg/l. All other substance tested for were non-detect.

Hard water contains minerals, such as calcium, magnesium, and iron. Water containing approximately 125 milligrams of calcium, magnesium and iron per liter of water can reduce the cleaning action of soaps and detergents and can form a scale (limescale) in cookware, hot water pipes, and water heaters. There are a number of simple things you can do to reduce the effects of hard water in your home, without having to resort to treating your water, so called softening. My water has elevated levels of calcium and magnesium. My iron content is very low. High iron content can begin to stain your teeth at 0.3 parts per million (ppm), You may also notice brown/orange stains on tubs, inside dishwashers, sinks and laundry. The simple things to do to address hard water are:
Choose a detergent based laundry product. Some laundry detergents/soaps do not produce as many suds in hard water, these are likely to be soap-based products and do not work as well in hard-water as detergent based products. These days, there are laundering powders and liquids available for a wide range of water hardness. Also, manufacturers often recommend using slightly more detergent to compensate for the hard water. Check the package.
Reduce the temperature of your hot water heater. When water temperature increases, more mineral deposits will appear in your dishwasher, hot water tank and pipes. By reducing the temperature, you will save money and will reduce the amount of mineral build-up in your pipes and tank. Use rinse agents to remove mineral deposits. There are low pH (acidic) products available to remove mineral deposits from pots and pans and dishwasher. Alternatively, you can use plain white vinegar by using the dishwasher dispenser or placing a cup of vinegar on the dishwasher rack. Boil some white vinegar in your kettle to remove hard water deposits. Drain and rinse your hot water heater annually.
In days past, at the first sign of hard water, domestic water supplies were commonly softened by using a tank containing an ion-exchange material, which takes up the calcium, magnesium and small amounts of dissolved iron from water in exchange for sodium. Conditioning the home water supply with sodium is pleasing to some. The amount of sodium in water conditioning systems is a real problem. Personally, I do not care to add all that sodium to my diet while removing calcium carbonate and magnesium (something that is also sold in pill form for stronger bones). Household water treatment services are very profitable because of the monthly bills. Conditioning the water supply may include water softening, iron removal, neutralization of acid water, reverse osmosis, turbidity control, removal of objectionable tastes and odors, and aeration. Water softening and filtering are the most common methods of conditioning well water.
Rather than start playing around with my drinking water, adding chlorine, filtering, adding sodium, I prefer to drink clean natural water. I purchased a home with water I found acceptable in its natural state. I spent the money up front to test (and taste) the water. Annually, I spend the money and test my water to ensure that the water we drink is still beautifully clean ground water fresh from my well.

Testing an Alternative Septic System When You Purchase a Home

With alternative septic system assessing functionality is relatively simple for a qualified inspector (or engineer with an interest in septic systems). Alternative systems are the British racing car of the septic universe, when they are running well, they are superb. The systems require constant maintenance to keep functioning so the systems are designed to be easily accessed. Alternative systems have access ports and alarms everywhere and the components are labeled with the manufacturer’s name. The diagram above is of a three chamber tank for an alternative system. Often three separate tanks are used. This diagram was from the American Ground Water Trust Consumer Awareness Information Pamphlet #4

1. First identify the manufacturer and find a septic maintenance firm certified by the manufacturer. E-mail or call the customer service department to get a list of names. Not all state health departments keep lists of certified maintenance companies. A note of caution, companies that are certified to install may not have the skills to inspect or maintain.
2. Have the system inspected and tested.

There are certain things to note when testing an alternative septic system, which have more than one tank or at least a multi compartment tank.

1. First, the air compressor for the aerobic tank should be running constantly and making a nice humming sound. The condition of the pump(s) and compressor should be assessed.
2. The alarm test buttons should work. (Make sure that the alarm switch is in the sound mode, a bulb can burn out if the alarm is silenced and the system is left with the alarm light on for months.) The alarms should be tested. Trip the alarm by lifting the water level gauge in the second or third tank which is much less disgusting than opening the first tank, but for a full test of the system all the alarms should be tripped.
3. The condition of the tanks should be assessed.
4. The absorption field should be inspected and the valves should be tested one at a time by over riding the timer on the zoner. Tufts of lush green grass around the valves during dry weather could indicate a broken valve or other system leak.
5. Finally, to truly test the system remove some water from the zoner/diverter valve by loosening the top to the valve and letting water flow out for a few seconds and place in a jar and test for bacteria and nitrogen. (Make sure the gasket is properly seated when reattaching the top.) An alternative system should have removed at least 90% of the nitrogen and bacterial load at that point.

It is to be noted that the system takes a period of time to establish the appropriate bacteria levels and achieve operational equilibrium. A house that has been vacant with the water and power turned off can not be properly tested for effectiveness of treatment. It takes a few weeks of use to the system to reach equilibrium. The properly operating effectiveness of the tank treatment system and the ability to track the functioning of the system is the beauty of alternative systems. However, the systems need to be maintained and monitored constantly.

Septic Regulations for the Commonwealth of Virginia

Today, alternative onsite septic treatment systems are designed to be state of the art, meeting EPA's treatment standard one. This exceeds the standards for sewage treatment plants and replenishes existing groundwater systems. These alternative onsite systems can be more sustainable to the surrounding ecosystem than sewers and centralized waste treatment and are certainly less expensive for the homeowners in sparsely populated areas. However, the systems need to work properly and these newer alternative systems with multiple tanks, compressors and various parts require consistent maintenance to continue working properly.

According to data compiled by Loudoun and Fauquier Counties Virginia these systems fail at a rate significantly higher than traditional systems and the majority of their alternative systems are not functioning properly. Alternative systems can provide excellent onsite waste treatment; however, they need to be maintained. My experience with my alternative system has been that on going care and monitoring is necessary to keep my system humming (literally, the motor for the air compressor to the aerobic tank makes a humming sound when it working properly). It took a considerable amount of money and effort to ensure that the system that that came with the house I bought was and remains operational.

On April 8, 2009 the General Assembly of Virginia passed HB 1788/SB 1276. According to the Piedmont Environmental Council this legislation denies localities the ability to restrict use of alternative septic systems and require maintenance of such systems. However, the legislation contains enactment clauses and HB 1788/SB1276 will force the Virginia Board of Health to finally act on the issue. Uniform regulations throughout the Commonwealth might facilitate homeowner awareness and compliance. § 32.1-164 of the Code of Virginia requires Virginia Board of Health to begin an O&M program for alternative septic systems that is based on the manufacturer’s operation and maintenance instructions, local requirements, or state rules and policies whichever is most stringent. These requirements go into effect on July 9th 2009 and remain in effect until final regulations for O&M of alternative systems are in place. The Virginia Department of Health, VDH, is currently trying to decide if these requirements would apply to all alternative systems or only those installed after July 9, 2009.

The VDH has been working to promulgate these regulations under § 32.1-164 of the Code of Virginia, since the DEQ handed over authority at the beginning of this decade. So far there are no regulations and the VDH is considering whether all the alternative systems installed in the past decade should be regulated in the interim. Developing appropriate, fair and functional regulations that will serve homeowners, and protect all the waters of the state is a difficult task that certainly will take time. However, ignoring the existing inventory of alternative systems that require maintenance to function for the duration of time that it will take to develop and implement regulations would appear irresponsible and not protective of the homeowners. All too often homeowners are unaware they have a problem until sewage is backing up into their homes or surfacing in their yards. Simple consistent interim regulations could prevent that.

The US EPA has found that adequately managed decentralized waste water treatment systems are a cost effective long term option for meeting public health and water quality goals in less densely populated areas. So, let’s manage them correctly. While the VDH works to develop regulations, in order to protect health and local water resources, what’s left of our property value, and conservation of groundwater, they should create a default O&M schedule of once or twice a year for all alternative systems installed before July 9, 2009. The three manufacturers I checked with had almost identical maintenance recommendations for their systems. The VDH should pick one and apply it to every alternative system currently in operation.

Septic Systems and Our Water Resources

It is widely accepted, but not documented that improperly managed septic systems contribute to major water quality problems. The US EPA states in the “Volunteer National Guidelines for Management of Onsite and Clustered Treatment Systems” that improper design, construction, installation, operation and/or maintenance are the source of these onsite waste treatment failures. EPA hopes to better determine the extent of the relationship as documentation becomes available.

In the “1996 Report to Congress on the National Water Quality Inventory” the second most frequently cited contaminated source for water was improperly constructed and poorly maintained septic systems causing nutrient and microbial contamination to groundwater. In that survey 500 communities were noted to have had public health problems caused by failed septic systems. In 2003 EPA reported that 168,000 viral and 34,000 bacterial illnesses occur each year from drinking water contaminated by waterborne pathogens from fecal contamination. Proper maintenance of septic systems (both traditional and alternative) is essential for protection of public health and local water resources. In 1996 more than 25% of existing homes and 33% of new developments were served by septic systems. The EPA estimated that by 1999 over 30% of the households were served by onsite septic systems, and that number has probably crept up with the building boom that took place in 2000-2006. More than half of the existing onsite systems are over 30 years old and 10% of these older systems back up into homes or yards each year. Reportedly, the homeowner was unaware that there was a problem with their system until it backed up. This problem will only be made worse by the increasing number of alternative systems that require more maintenance. Long before global warming impacts the earth’s populations; lack of clean reliable potable water will. Our water resources need to be protected.

My libertarian streak would love to believe that homeowners would care for their septic systems appropriately to avoid the system backing up in the future, contamination of the groundwater (which may be the source of the local drinking water), and future septic system repair bills of tens of thousands of dollars to remediate and replace a system. Unfortunately, many homeowners are unaware of how septic systems work and what is necessary to maintain them. In addition, people do not seem to be able take appropriate responsibility for their systems. One method to deal with this problem is to eliminate all but the most basic systems in the most geologically favorable locations (reduce percolation rate tolerances and design the systems as conservatively as possible). The other method is to regulate, control and track. Establish system performance and monitoring and maintenance requirements, establish a tracking system and operating permits for compliance monitoring, and establish fee system and fines to fund and enforce the program. As a society we collect taxes, we license, register, and inspect cars; how different would it be to license, register and inspect/maintain a septic system. After all, unlike cars, septic systems stay put and should be easy to track.