Why DEQ's septic tank rules didn't pass muster
Rep. Stephen Hartgen
February 23, 2009
Twin Falls Times-News
Reviewing rules is part of the "grunt work" that goes with serving in the Idaho Legislature, but it's also one of the most important duties for legislators - especially when poorly written rules come up for consideration.
Such was the case when the Department of Environment Quality presented rules pertaining to septic tanks and drainfields. I voted against the rule proposals in the House Environment, Energy and Technology Committee and, thankfully, they were rejected on the House floor.
The recent actions came under some criticism, so I would like to make clear my reasons for opposing DEQ's proposed rules:
* The drainfield rules were unpractical. Setbacks from adjoining property and watercourses were so long as to make it impossible to locate fields on many homesites. According to data provided by the DEQ, an average one-acre lot would not have accommodated even a modest home.
* Cost estimates were unreasonable. DEQ estimated the cost of retrofitting existing drainfields to be no more than a few hundred dollars. But reputable contractors told the committee that the costs of even simple retrofits would run into thousands of dollars.
* Inadequate showing of the reasons for drainfield failure. The premise of the DEQ rule was that drainfields fail due to the volume of water flowing to them. But many fields fail for other reasons including inadequate maintenance, the permeability of the soil and inadequate construction. The DEQ could not provide data on the multiple reasons for drainfield failure. This lack of detail meant that as legislators, we were being asked to approve a rule without good science behind it.
* Failure to devise a reasonable standard of measurement for septic and drainfield capacity. DEQ proposed to measure according to numbers of bedrooms and counted dens and libraries as bedrooms. A more useful standard would be family size.
In a practical sense, the rule changes would make it virtually impossible to build homes around a lake or river. The requirements on the size of a home on a lot, measured by the number of bedrooms (including a den or a library as a bedroom) and the requirements to set the septic system so far back are too restrictive for those wanting to build a home around a lake or river.
My opposition was not about being insensitive to public health, as a few critics claim; it's about writing rules that Idahoans can live with. The DEQ failed in that regard.
Legislators are charged with reviewing proposed agency rules. In this case, we examined them appropriately and took the correct action.
Stephen Hartgen, a Republican from Twin Falls, represents Twin Falls and Owyhee counties in the Idaho House of Representatives.
Originally posted at http://www.magicvalley.com/articles/2009/02/23/opinion/reader_comments/155747.txt
The editorial posted here is provided by permission of its original publisher and does not necessarily reflect the views of Idaho Public Television.