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Non-Conventional Septic Site Systems - In or Out?
ISSUE A proposed ordinance that prohibits nearly all new non-conventional onsite septic systems in the County will be considered by the Loudoun County Board of Supervisors (LCBOS) in September 2008. The proposal imposes maintenance requirements on approved non-conventional septic systems and prohibits the installation of new non-conventional onsite septic systems on any currently undeveloped property that does not already have a valid permit for such a system with very few exceptions.
BACKGROUND Throughout Virginia, onsite septic systems provide wastewater treatment to homes, businesses and industrial centers. In an era of fiscal limitations, localities have difficulty addressing the high costs to expand the capacity of their sewer facilities or extend lines to urban areas to accommodate growth. As a result, onsite septic systems provide environmentally safe and cost effective treatment services to residential areas, communities, shopping centers and commercial businesses. The Virginia Department of Health implements regulations for onsite septic systems at the local level through state licensed environmental health specialists assigned to individual health districts. Many non-conventional onsite systems have been approved for use in the state.
STATUS Over the past four years, the LCBOS has been studying the effectiveness of onsite septic systems and has obtained input from stakeholders in an effort to determine whether an amendment of the County code (Chapter 1066 of the Codified Ordinances of Loudoun County) is required. On July 16th, 2008, the LCBOS Public Safety and Human Services Committee voted to recommend adoption of an ordinance requiring maintenance of non-conventional onsite septic systems and, despite local health department staff and stakeholder objections, added a five (5) year sunset clause limiting the use of non-conventional onsite septic systems for residential purposes.
DAAR POSITION The Dulles Area Association of REALTORS® believes that the county's goals of protecting water quality, preventing the contraction and spread of disease and preventing the failure of non-conventional systems would be better met by requiring maintenance of non-conventional septic systems to ensure acceptable performance but did not go so far as to impose a near prohibition on the installation of new systems. DAAR also believes that:
The Ban may Lower Property Values on Existing Homes Served by Non-Conventional Septic Systems The ban on non-conventional septic systems may impact the salability of existing homes served by these environmentally superior systems. A potential homebuyer's knowledge, perception, and interpretation of the ban may have a profound effect of the value of properties served by these systems.
There is No Public Health Basis for Banning Non-Conventional Systems According to statistics presented during a LCBOS Public Safety Committee meeting in April 2007, only 18 out of 1,565 non-conventional septic systems in the county failed over a five-year period, a 1 percent failure rate. In a report to the same committee in July 2008, county health staff stated that a mandatory maintenance program would have prevented many of the reported failures. The fact that the proposal permits the use of non-conventional septic systems in public buildings and by rural businesses (with a minor special exception) indicates that the motivation behind the ordinance is not a real concern over the so-called failure rate or public health threat of non-conventional onsite systems.
Non-Conventional Systems are Effective in Protecting Public Health and SafetyAlthough local health department staff recommends the adoption of the maintenance requirements, they do not recommend the adoption of an ordinance to limit the future use of nonconventional septic systems because they are better for the environment. According to the July 18th, LCBOS Public Safety and Human Services Committee Action Item report, "...When operated properly non-conventional onsite sewage disposal systems produce a higher quality sewage effluent than conventional onsite sewage disposal systems. " Other areas of the country have long recognized non-conventional septic systems as performing as well as, or better than, conventional systems. The Massachusetts Department of Environmental Protection states that non-conventional onsite systems have the following advantages: 1) They are generally better than conventional septic systems at removing solids and other pollutants from wastewater before it goes to the soil absorption system (SAS); 2) The SAS following a non-conventional system can be expected to have a longer life and; 3) a nonconventional system can also provide advanced treatment to reduce the wastewater's nitrogen content. Oregon, a leader in smart growth and environmentally-friendly land use policies, states that non-conventional systems or Alternative Treatment Technologies (ATTs) "...take wastewater generated from a home or business and improve its quality before sending it to a drainfield for further treatment and dispersal. Typically ATT systems are designed to perform as well as a sand filter or provide additional treatment capabilities.
Banning Non-Conventional Systems will Undercut the Objectives of the Ordinance Since there is sufficient evidence to indicate that non-conventional systems are better for health and the environment, prohibiting their use will undermine the objectives behind the proposed ordinance. The ordinance should be more precisely tailored to accomplish its stated purpose of protecting the water quality and supply and preventing the contraction and spread of disease by regulating the installation and maintenance of non-conventional systems so as to ensure acceptable performance to protect the environment.
CALL-TO-ACTION: Homeowners with non-conventional septic systems concerned with the potential stigma on their property, land owners with vacant lots to be served by non-conventional systems, septic providers and anyone who believes the County is turning back the clock on environmentally-proven technologies are encouraged to voice their concern over the proposed ban on these systems. Vist www.savemyloudounhome.org to take action today!
Point of Contact: Christine Windle, 703/727-2144, cwindle@dullesarea.com
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