Septic-System Moratorium Might End

By Christopher Twarowski

Sunday, February 15, 2009

Both houses of the Virginia General Assembly passed legislation last week that would overturn Loudoun County’s five-year moratorium on the installation of nonconventional septic systems, after complaints from the building industry that the Loudoun measure is unwarranted and restricts development.

The Board of Supervisors approved the moratorium last year and also imposed maintenance requirements for nonconventional systems, citing cases in which such systems had failed. The bills passed by the Senate and House of Delegates would nullify the requirements and bar local governments from such regulation.

On-site sewage treatment systems are used by thousands of Loudoun residents who can’t hook up to public water and sewer lines.

Unlike a conventional on-site system, in which wastewater is piped to a septic tank and then flows into a drain field, alternative systems use methods such as aerobic treatment, drip distribution of pre-treated wastewater, and peat, sand and granite filters. The systems enable developers to build on land that otherwise could not be developed because of poor soil conditions for wastewater filtration.

Supervisor James Burton (I-Blue Ridge), who spearheaded the moratorium in Loudoun, said the state legislation puts the safety of residents at risk and accused legislators who supported the bills of caring more about the building industry than regular Virginians.

"It’s an absolutely irresponsible bill, because it puts profits of the building industry ahead of the public’s health," Burton said. "We’ve got these things failing left and right."

But proponents of the legislation say that local governments should not have the ability to restrict systems allowed by the state. They also say that alternative technologies are more environmentally friendly than conventional septic systems and open up more land to development.

"The state Health Department has approved these systems as far as being acceptable within the commonwealth," said Michael Jordan, president of the Loudoun chapter of the Northern Virginia Building Industry Association. "The county shouldn’t be overstepping its bounds when the state regulates a certain area."

According to the Loudoun health department, 1,233 alternative septic systems and 12,855 conventional ones operate in the county. It also found that 12 of the 1,031 nonconventional systems installed from March 2001 through June of last year had failed, including one because of damage from construction.

Burton said that the failures are of concern because they occurred over a short period of time. He said the five-year restriction would allow the county to collect more data on the nonconventional systems installed and the approximately 2,000 more that have been approved and are not covered by the moratorium. A full analysis of the systems’ reliability could then be conducted, he said.

Loudoun Health Director David Goodfriend said his office worked with county staff members and the Board of Supervisors for a number of years on the issue and did not recommend a moratorium. Goodfriend said his office was concerned about upkeep of the systems and recommended local maintenance requirements.

"We have a number of people who are owners of these systems and may not be technically expert in how to maintain them," Goodfriend said, "and may not even know that they need to do something in terms of operation and maintenance of those systems."

Robert Lazaro, spokesman for the Piedmont Environmental Council, a land-preservation group, said the council opposes the state legislation because it would strip local governments of the power to impose maintenance requirements. But the council does not support Loudoun’s moratorium, Lazaro said, because of what the group sees as an increased threat to farmland, Lazaro said.

"If you only allow traditional septic [systems], what you’re doing is pushing people to the best agricultural soils, because they [absorb] the best," he said. "And so what you’re doing is making them more valuable for residential development than if you could use one of these [alternative] systems."

Others outside Loudoun are also concerned about the state legislation. U.S. Rep. Gerald E. Connolly (D-Virginia) sent a letter to Gov. Timothy M. Kaine (D) last week urging him to veto the legislation if it reaches his desk.

Connolly, a former chairman of the Fairfax County Board of Supervisors, said that removing local governments’ ability to regulate the systems could have damaging effects on Mason Neck National Wildlife Refuge, the Chesapeake Bay and other waterways.

"It would be tragic if decades of efforts to protect Mason Neck were rendered fruitless by an avaricious bill conceived for the profit of the few at the expense of communities across the state," he wrote.

Burton noted that the House bill passed by two votes, 50 to 48, and that both chambers will have to vote again on a final bill.

"The fight’s not over yet," he said.

Tagged: Board of Supervisors, health, Loudoun Health Department, Supervisor Jim Burton

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