Ordinance has far-reaching consequences

The Benton County Quorum Court is currently considering another septic tank ordinance. Using the term “another” is to remind citizens of Benton County that several years ago, well-meaning residents of Bella Vista proposed an ordinance that would have required septic tanks be pumped every year. Common sense prevailed and the problem — pollution of a Bella Vista lake — proved to be a goose problem not a septic tank problem.

Now another attempt to regulate septic tanks has been proposed by individuals under the typical governmental theme of “protecting the citizen’s health and safety.” That sounds like something coming out of Washington, D.C. Fortunately the Quorum Court Committee of the Whole last Tuesday evening, voted 11 to 2 to send the proposal back to the Legislative Committee for further review. The term “fortunately” is inserted because I fear too few Benton County residents “not connected to a public sewer system” are aware of the potential ramifications of this five-page restriction to their right to their property. This document is about adding to your limitation as a property owner and adds fees and potential penalties not mentioned in any of the newspaper articles that I have read. Would it get your attention if you were aware that Article 6, on Page 3, section (d) establishes a fine of $500 from a violation that you may not even be aware of until you attempt to sell your property? It also provides for doubling that amount for each repetition thereof! And for “allowing the continuance thereof,” there is an additional fine of $250 per day.

The deeper I get into the unintended consequences of the ordinance the more it sounds like a product of our legislators in Washington, D.C. There are more questions than answers and the ultimate responsibility goes back to the Health Department which has the authority and responsibility already outlined in the proposal. No where in the proposal is there any documentation that the problem they are trying to correct exists. If you would like to read the entire ordinance, you can contact the county offices or your Justice of the Peace and request a copy be sent to you — if you have a computer.

A great deal of effort has gone into research by individuals in trying to determine the extent of any contamination of our water supplies and apparently there are no reports of major problems at the organizations who would know about it first — The Corp of Engineers, Beaver Lake Water District, and the Benton County Office of the State Health Department. Certainly we are all concerned about our water supplies and our environment, but proposing to locate all the drain fields in every property sale to protect a realtor who has had a problem with a sale at closing is not a good use of our county’s legislative branch. The individual who always assists me and should get credit for his help on issues of this kind, is Randall Ward of Garfield. He has contacted numerous experts in their fields. That includes a manufacturer of concrete septic tanks. Apparently no one other than he had thought to contact this resource. In addition, Randall’s experience as an inspector in San Diego helps him to understand the excesses of over regulation. His letter to the JPs suggesting a written agreement between seller and buyer concerning sanitary waste water systems on the property is far more feasible than adding hundreds or even thousands of dollars to a property sale when there is nothing wrong with the existing system. It makes a great deal of sense and could alleviate the question of future responsibility.

Ms. Linda Lloyd of Bella Vista sent a very nice email thanking me for last week’s article. Her email is being printed in this paper also because she is very clear in pointing out some of the unintended consequences of implementing this proposed ordinance. Some of the possibilities might sound extreme, but I know of a situation where divorce and bankruptcy has led to a situation where the expense of this ordinance could cause exactly what she discusses. Please take time to read her letter and consider her comments.

If a septic system fails, it does not benefit society to wait for a property sale to correct the situation. As a property owner on a septic system, I believe we should all get involved by contacting the JP who we have elected to represent us and express our opinion on this issue. This proposed ordinance will not substitute for better education of the property owner.

••• Editor’s note: Leo Lynch is an award-winning columnist. He is a native of Benton County has deep roots in northwest Arkansas. He is a retired industrial engineer and former Justice of the Peace. He can be contacted at prtnews@nwadg.com.