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EDITORIAL: Septic Showdown

Panama City News Herald, September 26, 2010

Before Florida lawmakers stick their noses in people’s waste, they should clean up their own mess in Tallahassee.

In the middle of a deep economic slump, the Legislature earlier this year passed, and Gov. Charlie Crist signed into law, a bill that mandates homeowners have their septic tanks inspected every five years, regardless of how old the systems are or whether they a functioning properly. Such inspections can cost anywhere from $800 to $1,400.

Septic tank owners don’t want the law.

The Bay County health director doesn’t want it.

Bay County commissioners don’t want it.

At least one septic tank company doesn’t want it.

Even Rep. Jimmy Patronis, R-Panama City, who sponsored a similar bill in the House, doesn’t want it.

Patronis discovered he’d stepped in it deep last February when he proposed a measure that would have required homeowners to get their septic tanks inspected every 10 years. The response from his constituents was overwhelmingly negative, and Patronis quickly withdrew the bill.

When a Senate version showed up, with a more–frequent inspection schedule, Patronis voted against it. Nevertheless, it passed both chambers and was signed into law by Gov. Crist. It goes into effect Jan. 1.

Now, many legislators are finding out what Patronis did: Septic tank owners think the new law stinks.

Sen. Durell Peaden, R-Crestview, and Rep. Greg Evers, R-Milton, last week sent a letter to the governor asking him to use his executive power to postpone implementation of the law until July 1, which will give the Legislature time to modify it or repeal it.

The law isn’t just expensive to comply with. It’s simply unnecessary.

A functioning septic system poses no threat to the environment. When a septic tank leaks or backs up, the owner is going to know about quickly enough — and will move swiftly to get it repaired. Thus, the state should be most concerned about abandoned septic tanks, not piling new regulations and costs on all owners.

The Bay County Health Department, which is responsible for issuing permits for and installing new septic tanks, as well as performing maintenance on existing tanks, is charged with implementing the law. But Administrator Doug Kent isn’t looking forward to the additional costs and headaches associated with it. He also said he’s leery of allowing septic tank companies to do the inspections, which he compares to “the fox watching the henhouse” — they might have incentive to find something wrong and bill for repairs.

However, at least one local company is on the critics’ side. J. Nelson Jones of J.R.’s Environmental Consulting wrote in an e-mail to county commissioners that he thinks five-year inspections are too frequent and that “it is a bit intrusive on the government’s part as well.”

That’s an understatement. Imagine you’ve lived in your new home for five years. There’s been no problems with the septic system. Now here comes the government saying you have to spend hundreds of dollars to hire someone to do a soil analysis, dig up the tank, pump it to make sure it’s structurally sound, check the filters for clogs and make sure there are no cracks or roots burrowing into the tank.

How absurd. It’s like mandating an engine overhaul on your car every 5,000 miles, or doing abdominal surgery on a perfectly healthy person just to check and see if everything’s all right.

Rather then impose a heavy-handed, one-size-fits-all inspection regime on septic tanks, why not limit inspections to when a property is sold or if it has sat vacant for many years?
Kent indicated he’s going to “drag his feet” on implementing the law in January by sending notices only to the oldest septic tank owners at first. Thumbs up to him.

A better solution is to have Gov. Crist give the Legislature a second crack at getting the bill right. His office has indicated he’s not budging on it. But Crist has shown a propensity to change is mind on other issues. Here’s a good time for him to demonstrate that he’s “evolved.”