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Sewage disposal systems to be inspected
In response to complaints from some residents, next week Bourbon County Environmental Services Coordinator Eric Bailey will be inspecting sewage disposal systems that may or may not be in place in some areas of the county.
Bailey met with Bourbon County Commissioners Monday to review the county's codes regarding disposal of domestic septage.
On Feb. 27, Tom McNeil, along with sanitation contractors Sid Shadden, Larry Allen and Ken Clary, approached the commissioners about some residents not being in compliance with the county's codes, while others are spending the money to have septic systems installed. The four pointed to the Amish community as an example.
On Friday, Commission Chair Barbara Albright asked for Bailey to attend Monday's meeting so the commissioners could learn what is being done. Albright was absent on Feb. 27 and asked Lynne Oharah and Harold Coleman, first and second district commissioners, to brief her on the discussion.
"Why don't I go over the codes with you for all residents of Bourbon County -- eastern, western, southern, northern Bourbon County -- all residents," Bailey said.
He provided the commissioners with a copy of the county's 24-page Sanitation Code, which was written in 1998, and also the rules regarding land application as stated in the Environmental Protection Agency 503 rules governing disposal of domestic septage. Bailey's information also included types of systems that are allowed and information on land application of septage.
There are five systems residents are allowed in Bourbon County, which comply with the State Department of Health and Environment.
The most common system used in Bourbon County is a septic system with laterals, which requires a minimum of a 1,000-gallon tanks and 400 feet of lateral line, Bailey said. The size of the system depends on the size of the household, he said. The tanks should be pumped out every five to seven months by a licensed hauler, according to Bailey.
Waste stabilization ponds, also known as lagoons, are the next most common, Bailey said.
Less common systems fall in the alternative wastewater system category. This category includes composting. In order to compost human excrement, organic matter, such as sawdust or grass clippings, can be added in the container to decompose the waste material. After the container is filled, it can be put on a compost pile and must set for about a year. After that, the compost can be used on the land just as any other compost would be, Bailey said.
There are other alternative systems available, including using a water-tight container.
Waterless toilets, known as privies, also are acceptable.
"This is one of the areas I am going to have dive into because a privy is also considered a port-a-pot, and our code says we can only have them on a temporary basis," Bailey said. "I know we've got governmental entities and private individuals using them on a permanent basis."
He said he found a variance, written in March 4, 2012, which allows a privy to be used on a full-time basis at Elm Creek Lake, which is owned by Bourbon County.
"I know we have one written, but there's another in our county," Bailey said.
Residents may also opt for a holding tank, according to the information.
The sixth method of waste disposal is the use of a public wastewater system, which must be licensed by KDHE, Bailey said.
Domestic septage can be disposed at a municipal wastewater treatment plant, but must be hauled by someone who is licensed. That individual must pay a $50 annual fee and have a surety bond on file, Bailey said.
In Kansas, it is legal to apply domestic septage to land through a soil injection system. Bailey said the city of Fort Scott uses this disposal method. The public is allowed to bid on leasing the land for farming.
Waste also can be applied to the surface, but the ground must be plowed or disked within six hours.
Waste also can be pH treated by mixing 50 pounds of lime into 1,000 gallons of septage, then applied to the surface, but only under stipulations.
KDHE also has specifications on compost.
All methods must be approved by Bailey, but residents may apply for a waiver to the county's rules and regulations on acceptable systems. The waiver application must be submitted to the environmental services coordinator.
"Then I can either approve it or KDHE can see if it's an approved method," Bailey said. "There are other methods out there right now that are acceptable that can be used."
"So do we have anybody right now that is in violation?" Albright asked.
"That I can't tell you 100 percent," Bailey said. "I can tell you there are some residents in the county that I will be meeting with here in a week or two and seeing where we're at with different methods that are being used."
"Anyone that is putting in a new septic system has to get a permit from the county then you have to inspect, whether it's composting, whether it's lateral?" Oharah asked.
"Yes, whether it's an alternative system or septic system," Bailey said.
He said the public wastewater systems owned by municipalities, sewer districts or other government entities must be approved by KDHE.
Coleman, who has the most experience of the three commissioners, said this issue was raised in 2012.
"There was people in here complaining that a certain group of people -- most of them in my district -- weren't complying with the sanitation laws. That's basically it," Coleman said. "That's what we started to do to work something out with them and it -- I don't want to say it was swept under the rug -- but it was..."
"Tabled?" Albright said.
"Yea," Coleman said. "That's kinds of where we've sat since then. And the other day when we had the group up here of the contractors."
Coleman said those contractors have been asked by people have been asking why they should spend thousands of dollars on a septic system or other septage method when others in the county aren't required to follow codes?
"I am very much in tune with what the regulations say and as long as we are meeting the KDHE and our codes, I'm fine with it," Oharah said. "And people need to understand these have been in place since 1998."
Albright asked if there is anything the county needs to do, such as making codes more stringent, to provide a safe environment in Bourbon County.
"Are they too lose?" Albright asked.
"I don't know," Bailey said. "I need to go visit our residents in the county and see where we're at in order to comment."
He said he has looked at other counties and many allow residents to use the same type of systems as in Bourbon County, and those systems are being used by residents in other counties, including composting toilets.
In response to Albright's question of who would monitor the composting process, Bailey said that would be his responsibility. He would do random inspections to ensure the resident is documenting the steps being taking in the compost process.
"I think it's real important we have consistency," Albright said.
Bailey asked the commissioners to amend the county policy regarding inspection fees for sewage system. The fees were increased from $10 to $50 in 2014. Bailey asked that the county charge $10 to get residents' existing systems into compliance, then after that charge the $50 fee from the date of the amendment. Any resident with new systems will be charged the $50 fee, Bailey said.
"Because technically, this all should have been taken care of," Bailey said.
"You feel like you're doing some work that should have been done previously?" Albright asked.
"Yes," Bailey said.
He has been the coordinator for the past year and a half.
When asked how many residents he will have to inspect, Bailey said he is expecting to visit with 75 to 100 residents in all areas of the county.
"If it's in the county, then I'm going to have go out," Bailey said.
"I think the most important thing is the health and well-being of everyone in the county," Albright said.
"That's absolutely correct," Bailey said. "And treating everybody fairly."
He said the fine for noncompliance is $200 per day.
"I have had some complaints and I have had some residents in the county I've had out of compliance," Bailey said. "Basically by knocking on the door and visiting with them, we were able to get them in compliance where we didn't have to take the step to write the fine. It's there if we need it."
County Attorney Justin Meeks arrived during the discussion and said he has reviewed the county's codes.
Bailey said he has been in regular contact with KDHE staff.
Meeks recommended if the commissioners have any more questions regarding the issue that they hold an executive session, as there is potential for litigation "because there are some things here that could end up causing the county some issues."
The commissioners voted to hold a 15-minute executive session with Meeks and Bailey. No action was taken.
The issue will be discussed again at 10:30 Friday when McNeil and the contractors are expected to return.