Mandatory septic tank pump-outs worry homeowners

In the last few weeks, nothing has caused more stink to homeowners with septic tanks than S.B. 550.

Sen. Lee Constantine, R-Altamonte Springs, sponsored S.B. 550 as a water cleanup bill, originally intended to gradually reduce water pollution from leaking septic tanks.

But after many changes, the end result- approved by Gov. Charlie Crist in June- was a septic tank law that requires homeowners to pump out their system every five years or face a $500-per-day fine.

After the bill's approval, Rep. Marti Coley, R-Marianna, and Sen. Don Gaetz, R-Niceville, immediately began measures to repeal it.

"It was very intrusive," Coley explained.

For now, homeowners with septic tanks have been given a breather before the law kicks in.

On Thursday, Coley and Gaetz reached an agreement with legislators to push back enforcement until July 2011.

Homeowners are irked at the bill's rigid requirements and harsh fines. Those like Dana Orr feel the bill is putting the blame of ground water pollution on homeowners with septic systems. Orr said the Environmental Protection Agency rule had little to back its claim that septic tank systems are causing a significant amount of water pollution. "I can assure you that when it comes to that point, you will know it and treat it. I mean who would want untreated ground water going into their drinking water," asked Orr, who purchased his home in Avon Park three years ago.

Bill Sirmans, director of environmental health for the Santa Rosa County Health Department, is not completely in favor of the new law, either. He said that S.B. 550 needs to be friendlier. Changes need to be made so it not so rigid, he said.

But he doesn't negate that something needs to be done.

"I honestly feel that we need a septic maintenance program in place or we're all going to pay for it," Sirmans said.

Tom Higginbotham, Highlands County Department of Health's director of environmental health, said they are mainly looking at those systems that are significantly out of compliance and that pose an obvious health and safety risk. Bottomless septic tanks, installed more than 20 years ago but no longer approved for usage, are the main targets of this new law. Homeowners with these tanks are required to make the necessary upgrades, Higginbotham said.

The Department of Health estimates that out of Highlands County's 45,000 septic tanks, 1,000 can be considered bottomless. For the state's 2.67 million septic tanks, there are possibly thousands more that don't meet the state's environmental standards.

"They [bottomless septic tanks] are the ones that cause the most environmental impact," Higginbotham said.

With these systems, there's nothing in place to prevent the effluent from entering ground water. "It goes straight into the aquifer," Higginbotham said. Florida draws its drinking water from the aquifer.

The Department of Health will start inspections with systems installed five years ago because they have a solid inventory on what's out there. Then over the next five years, they will create an inventory on systems installed more than 20 years ago.

Controversy over septic tanks

Most of the phone calls to the Department of Health on septic tanks are not inquiries but complaints. The biggest one is the five-year mandated pump and inspection, which can cost upwards of $500. If homeowners can't afford it, they'll be slapped with a $500 fine, which can turn into a daily fine for non-compliance. "It's costly and unnecessary for everyone," said Dan Young, owner of A A Young's Septic Service Inc. in Sebring.

Instead of calling a lengthy special legislative session in November to address issues with the septic tank law, Coley said they agreed to meet in November and postpone the implementation of the law until July 2011.

"We are protecting property owners by delaying the implementation and we are saving tax dollars by not calling a lengthy special session," Coley saidColey and Gaetz are planning to still call for repealing the law during next year's regular session.

"I am very optimistic that we can repeal that section of the law," Coley said.

Orr said the bill is targeting the "little guy."

"Instead of looking at the industrial polluters, it was easier to go after us so their campaign dollars won't be affected," he said.

Orr said the state is putting the responsibility of clean water on homeowners with septic tanks.

"That hardly seems fair," he said, "And it's bugging me."

Homeowners are not the only ones who don't approve of the law. Even contractors who are thought to financially benefit from it have issues with it. Young, who has been in the septic business for 35 years, said not everyone needs their systems pumped every five years.

Seasonal residents, seniors and single-person homes probably won't need a pump-out for seven to 10 years, he said.

"People can't afford what they are doing...they [residents] are calling me, fussing over it and I have no control," Young said.

In the 38 years Bob Baker has been in the business, he's seen it all. Over-flowing and cracked tanks, even contaminated drain fields. "S.B. 550 got blown out of proportion," said Baker, owner of Baker Septic and Installation in Sebring.

Baker said homeowners need to be aware of how their septic system works to avoid contaminated ground water or from busting their system. Regardless of the cost homeowners will incur with the new law, septic systems continue to be cheaper than paying monthly sewer fees.

"Septic tanks are just a small part of the contamination...but any small part you take out is that much better," Baker said.

County septic maintenance program

Long before the state's septic tank law came into play, county commissioners considered implementing a septic tank maintenance ordinance of their own.

Don Hanna, county planner, said in the county's EAR based amendments, commissioners adopted changes to the comprehensive plan which suggests that the county and the health department work on a septic tank maintenance program.

The county has looked into the issue since 2003. It was proposed into language in September and is awaiting approval.

The county's Central Sewer Study Committee organized researched lake and ground water pollution in 2003. Although the study didn't yield any definitive results correlating ground water and lake pollution to septic tanks, the committee felt it was a contributing factor.

"It's a bone of contention," Hanna said.

The county's maintenance program and the state's new law have targeted bottomless tanks and poorly maintained septic tanks. Whether they are causing the pollution, "It's hard to prove one way or another," Hanna said.