Point Reyes Light - November 14, 2002
Bolinas residents question septic proposal
By Ivan Gale
Skeptical residents of Bolinas last Wednesday met with county officials on proposed septic system policy revisions. Some felt the county’s plea at the meeting was more feasible than what they’d seen published. Others still were nonplussed at the county’s persistence in creating new, unwarranted regulations, with much ambiguity.
County officials, in the wake of proposing new septic regulations rife with problems, offered the crowd certain promises previously unstated.
Mandatory inspections
Officials said in January 2003, if the new septic laws are passed, there would be no mandatory inspections, elimination of non-conforming second units, forced compliance to code for unpermitted work, or property tax reassessments.
Supervisor Steve Kinsey, Community Development Director Alex Hinds, and members of the Environmental Health department mediated the second of three forums as part of a public comment period for the county-wide septic reform proposal.
The Board of Supervisors is scheduled to vote on the first section of the new regulations in January, pertaining to septic system repairs or replacements at the time of home remodels or additions
Some of the more controversial portions of the proposal, such as the amnesty program, have not yet been scheduled to be brought before the Board of Supervisors.
"[The amnesty program needs] more time in the oven and isn’t wasn’t ready for ‘prime time,’" said Hinds.
Supervisor Kinsey, himself the victim of a much-publicized septic system replacement costing more than $50,000 in 2001, in the past called county septic regulations "an atrocious practice."
More flexible
At the meeting Kinsey said the county had a responsibility to be more flexible to the lifestyles of its residents, adding he wanted to make the county conform to the community, rather than make the community adhere to county laws.
Kinsey’s comments drew applause from the crowd packed into the BPUD building. Even so, some residents felt there was incongruity between what they were hearing and what they read from county documents.
Kinsey said he wanted to explore more local management of septic systems. He also said the proposed policy changes could be as important to West Marin as A-60 zoning was thirty years ago.
Bolinas resident and newly-elected Stinson-Bolinas School District trustee Tom Williard said, "I like the talk, but looking at the documents, it’s not there."
Williard asked officials what the motivation would be to come to them voluntarily. "Why would [I go to the county] if I had to do a septic [replacement] for a wall move," Williard said. "This will not be inspiring people to follow the law."
New outlook
Despite officials’ claims that this was a new Environmental Health Department with a new staff, a new culture and outlook, many residents could only dredge up horror stories of dealing with county policy and feared more laws would create greater future turmoil.
Bolinas resident Sue-Ann Russum called county septic practices "punitive, vindictive, and harsh," and described her own personal saga with her septic system repairs, which she said has cost over $50,000 and forced her to refinance her home twice.
Audience members questioned whether the county planned a socioeconomic study of the effects these changes would have on towns like Bolinas, which she says is suffering from a housing crisis.
"This could tip the balance and send people moving out of town," warned Bolinas resident Megan Matson.
Bolinas homeowner Bob Hunter seconded Matson’s concerns and asked what the effects could have on the declining enrollment in Stinson-Bolinas School.
BPUD director Jack McClellan cited Bolinas’ ongoing problems with winter flooding and septic system failure.
Noting the intimate connection between roads, surface water, and septic systems in Bolinas, he asked the county whether they would be willing to work with Bolinas on its drainage problems on the Mesa. "You’d get a lot of points here," he noted.
Other BPUD members said they weren’t ready for a local management proposal.
We’re not sure we want to do that," said BPUD director Paul Kayfetz.
Code enforcement
Residents asked the staff if there were plans to eliminate the problem of anonymous code enforcements after several members of the public told of being previously turned in to the county for code violations. Hinds said the county already worked off a system of "issue priorities" rather than snitches.
Kayfetz said he felt the county was "a little too cozy" with engineering consultants, and said over-inflated engineering fees were a major problem. He also pointed out the county’s proposed amnesty plan might exempt penalty fees, but would still bring expensive permitting and assessor’s fees to anyone who joined the amnesty program.
Kinsey said Kayfetz was "onto the big work" that lay ahead for the county, but stressed these were tough challenges that were worth doing.
"Fairness is a big part of what we’re trying to do," said Kinsey. "Play by the rules, and pay by the rules."
Environmental Health Department director Phil Smith said much of the county’s push to pass policy changes stemmed from State Bill AB 885 mandating local governments reach minimum wastewater standards by 2004.
Smith said the county is proposing to make repairs more affordable starting next year allowing staff to work with homeowners and contractors without the use of an engineer under new legislation. He said contractors from other counties should be allowed to work in Marin in response to public protests about the much cheaper average cost of a system repair in counties like Mendocino.
In this, the county acknowledged the incredible variance of septic system costs, ranging from $17,000 for a simple gravity system to more than $50,000 for a complicated system requiring engineering and specialized installation. Average costs for septics in Marin greatly exceed the national average according to an EPA-funded study. The National Small Flows Clearinghouse said a typical mound system should cost under $10,000 for construction, site evaluation, and permits.
County officials said they have approved or are about to approve a half-dozen innovative technologies for system repairs that significantly reduce costs, some which avoid the need for trench-digging with a backhoe.
"Some of these systems are relatively affordable and have shown promise in rejuvenating a failed leachfield, saving the owner the expense and disruption of digging a new one," said Smith.