Rural skeptics eye septic ban

O'Malley proposal would hurt growth, lawmakers say

Wednesday, Feb. 9, 2011

Among the hot-button items in Gov. Martin O'Malley's State of the State address last week was a proposal to ban septic tanks in future subdivisions, which alarmed rural lawmakers concerned about the effect a ban could have on development and business back in their home districts.

Southern Maryland legislators joined their Annapolis colleagues in questioning the wisdom of O'Malley's proposal. The administration still is crafting legislation, but expectations are that it will call for a prohibition on septic systems in new "major subdivisions," defined as those with five or more homes.

During his speech O'Malley touted state efforts to reduce farm runoff and pollution from sewage treatment plants and urban sources.

"But there is one area of reducing pollution where so far we have totally failed, and in fact it actually has gotten much worse, and that is the pollution from the proliferation of septic systems throughout our state — systems which by their very design are intended to leak sewage ultimately into our bay and into our water tables," O'Malley said.

Instead of using septic tanks, the most common method of sewage collection in rural regions of the state, developers would need to tap subdivisions into existing sewer infrastructure. Alternatives where sewer is not available would need to meet strict standards for nutrient removal and could resemble the smaller, community sewer systems that service some old neighborhoods, said Alison Prost, an attorney for the Chesapeake Bay Foundation.

House Minority Leader Anthony J. O'Donnell (R-Calvert, St. Mary's) called the proposal a "bombshell" that "will kill jobs in the rural regions of our state" if passed.

"If you can't build a house without a septic system even in some of our town centers, where development is supposed to be, we don't have sewer in all of the town centers," O'Donnell said. "That means there would be an effective moratorium on all building."

Senate President Thomas V. "Mike" Miller (D-Calvert, Prince George's) called the governor's idea "a laudable goal but impractical" and said a ban would increase housing costs.

In a statement released immediately after O'Malley's speech, CBF Executive Director Kim Coble called the proposal a "bold step" and septic systems "an old technology."

"All the progress we hope to make in reducing pollution from other sources — wastewater treatment plants, urban and suburban streets, coal plants, cars, farms — all could be undone if we continue to allow sprawl growth using septic systems in our rural areas," Coble said. "It will be one step forward and two steps backward."

The state has paid for the additional costs of installing nitrogen-removing septic systems since 2007 through the Bay Restoration Fund, which itself is funded by the $30 "flush tax" paid by every homeowner with a septic system. Legislation passed in 2009 required every home inside the critical area to replace a failing septic system with nitrogen-removing systems. State funds should continue going to such programs, Miller said.

"But in terms of banning septic tanks outright, it would be an imposition on homeowners and people who want to get maximum values out of their homes while also placing an undue burden on rural areas," he added.

Marrick Properties Vice President Rick Bailey said the impact could be mitigated if the pending legislation grandfathers in development projects that already have received zoning approval or begun the application process under current provisions allowing septic tanks.

Otherwise, the proposal could have a chilling effect on future development, particularly while the housing market is still in recovery, Bailey said.

"Charles County would have to go and change its comprehensive plan because right now it doesn't allow for community septic systems, so it would pretty much put us at a halt for right now," said Bud Humbert, a Waldorf-based real estate agent and former delegate candidate.

The Southern Maryland Association of Realtors met with the region's Annapolis delegation Monday and discussed the issue afterward, but legislators did not have any "brass tacks," Humbert said, adding that he is eager to see the legislation once it is introduced.

But if the proposal is as Humbert and others understand it — a prohibition on septic tanks in future five-or-more unit subdivisions — "that would hurt" the entire industry, he said.

"Just about everybody is affected," Humbert said. "It will just slow us down again." He expects the Realtors group to oppose the ban in Annapolis.

Del. Peter F. Murphy (D-Charles) said the state needs to support local businesses that depend on the housing industry while cleaning up the bay and promoting smart growth policies that cut down on sprawl development require expensive expansions of local infrastructure.

"I understand [the need] to concentrate growth so that we can really maximize on our infrastructure that we have and then hold down costs on our communities and our counties," Murphy said.

Sen. Roy P. Dyson (D-Calvert, St. Mary's, Charles) said lawmakers were surprised by the proposal and are waiting to see specifics. But the effect of a flat ban on septics in subdivisions with five or more homes could "just be devastating," he said.

"You want to see job growth again in the state. This could squash that in this sector of the state," Dyson said. "You certainly don't want to stifle it. I think that caught us all by surprise."

O'Donnell took issue with O'Malley's statement that septic systems are designed to leak sewage into the bay, commenting that they are designed to do the opposite. He said he does not believe the proposal was well-vetted beforehand and thinks it has little chance of passing as currently understood.

"I wouldn't hold my breath on that baby," O'Donnell said.

"That went over like passed gas in church."

jnewman@somdnews.com