Bella Vista, AG at odds on sewer code
BELLA VISTA — The city does not plan to change its sewer code despite a recent opinion issued by the state attorney general saying part of the code is likely unlawful.
State Sen. Joshua Bryant, R-Rogers, recently asked Attorney General Tim Griffin whether municipalities can require property owners to connect to privately owned utilities for sewer, water, electric or gas services.
Griffin’s response stated, “Such a requirement would probably be unlawful because it would either conflict with state law, not be supported by a genuine necessity, or both.”
Bella Vista does not have its own sewer utility, but requires property owners to discontinue the use of septic tanks and connect to sewer service provided by Village Waste Water if service is available at the time of the sale of their property or a transfer of ownership. The connection must be completed at the owner’s expense — either the buyer, seller or a combination of both — within 90 days of the transaction.
The city’s website provides a list of properties that are eligible for sewer connection to Village Waste Water. There is a cost of $1,200 for the tap-in fee, and the overall cost to connect depends on the plumber who does the installation, the website says.
Bryant said he was approached by concerned Bella Vista residents in April about the requirement. He called the situation an overreach by the City Council and mayor. He said the rule places a financial burden on residents and will ultimately drive up the costs of home ownership.
“My brief research indicated the city of Bella Vista had an existing ordinance 2009-03 that required connection upon sale or transfer of ownership if the connection was available. However it was rarely enforced due to capacity issues at the Village Waste Water facility,” Bryant said via email. “It is also my understanding the treatment plant recently added capacity and therefore requested the city update and enforce its ordinance to pay for the expansion.”
Bella Vista Communications Director Cassi Lapp said the city was sued over the rule in 2012 and won that lawsuit.
“There was no appeal to the case,” Lapp said. “Since it has already been deemed lawful by the circuit court, there would be no reason for us to make any amendments.”
The attorney general’s opinion says “because one-third of Arkansans depend on septic systems for wastewater disposal, the Arkansas Sewage Disposal Systems Act protects their use of septic systems.”
Bryant said he concurs with the attorney general’s opinion on the matter. The opinion, issued Nov. 8, says, “If a municipality required these Arkansans to connect to a sewer utility, that legislation would remove their option to use septic systems for wastewater disposal. As such, that legislation would be incompatible with state law.”
The number of septic tanks being used by Bella Vista property owners far exceeds the state average. According to information on the city’s website, about 75% of homes in the city have septic systems. Bella Vista’s acreage makes up 5.2% of Benton County, but it has approximately 58% of permitted septic systems in the county.
The city’s sewer ordinance states the measure is an “effort to facilitate a move from septic systems to sewer service.”
Bryant suggested the city encourage residents to connect to the sewer system in other ways.
“To the extent in which an existing septic system fails and the homeowner must choose between costly repairs and potential full replacement, I believe the city could encourage connectivity by waiving impact fees and assisting the homeowner in the decision to take on a new monthly bill,” Bryant said.