Septic setback rule changed

Returns to 100 feet from 200

NEWPORT — The state Department of Health agreed to revert to the previous setback rules for septic systems following Pend Oreille County commissioner Robert Rosencrantz’s testimony to the Board of Health. He urged the board to make the change, which was supported by Northeast Tri County health officials Matt Schanz and Jon Ness.

“‘The ratchet only turns one way’ is a phrase my fellow commissioners and I frequently use,” Rosencrantz wrote to The Miner. “Essentially, it means that once government control over our lives gets set at a more restrictive level, a return to the previous, less restrictive level is nearly impossible. But in Olympia on Wednesday, January 14th, Pend Oreille County accomplished the nearly impossible, with benefits for the entire state of Washington.”

Last April the state DOH changed the setback requirements for how close septic systems could be to rivers and lakes to 200 feet, up from 100 feet.

“The impact of this new rule meant that a significant portion of real estate across the state couldn’t be developed or only at tremendous additional expense, delay and red tape,” Rosencrantz said. “Most important, this included parcels along the entire Pend Oreille River system.”

He said it didn’t improve health or safety or increase environmental protections, something with which Northeast Tri County Health officials agreed.

Rosencrantz spoke both formally and informally to the Board of Health in Olympia Jan. 14.

“In my formal testimony as well as in informal conversations with board members I spoke about the hardship the new rule would lead to, putting a home out of reach for many people not just in Pend Oreille County but across the state,” Rosencrantz wrote. “I said ‘public policy that breaks people’s hearts without serving a useful purpose is bad policy.’ The board discussed the issues, deliberated, and then voted unanimously in favor of beginning the process to change the rule back to 100 feet.”

Bettie Perry, a licensed septic system designer, said the 100-foot setback was supported by a lot of studies.

“If it was working before, and has not had problems, why change it?” she said of the 100-foot setback. “Who made the decision to change it to 200 feet?”

County commissioner Brian Smiley said he and Rosencrantz were both on the Northeast Tri County Health District’s Board of Health when they first heard of the setback changes.

“We were both chaffing at it because we knew it would affect Pend Oreille County,” Smiley said.

Smiley said he could think of one place that would have been hurt by the 200-foot setback. The old PUD powerhouse on Sullivan Road is now owned by people from the west side of the state.

“The difference between 100 feet and 200 feet might have been the difference between it being a go or no go,” he said, referring to whether they would be able to use the powerhouse or not.

He applauded Rosencrantz’s success in getting the rule changed.

“I think it’s great,” he said. “I was doubtful we could accomplish it.”

Perry said she wasn’t sure Rosencrantz fully understood what it would take to get the change, which applies throughout the state.

“He deserves a pat on the back,” she said. Rosencrantz said the rule would not only help Pend Oreille County people but many others throughout the state. He said it took several people to accomplish the change.

“I was the one in Olympia, but it takes many people to accomplish something this important,” he said. “Matt and Jon at Tri County Health were strong partners, Brian Smiley and John Gentle fully supported my effort, and my friend Bettie Perry who designs septic systems coached me on the technical issues.”