Failing septics near water must now be upgraded

New law says grants, tax credits cover costs

Friday, April 17, 2009

The state's 66 sewage treatment plants are already preparing for upgrades to reduce their nitrogen output, and the Maryland General Assembly passed a new law this week to mandate upgrades when private septic tanks fail near the waterfront.

The Chesapeake Bay Nitrogen Reduction Act of 2009 requires that when a landowner within 1,000 feet of tidal water needs a new septic tank, it has to utilize the "best available technology" to reduce the level of nitrogen output. Nitrogen fuels algae blooms in the water, which decompose and rob the aquatic environment of oxygen.

With money collected yearly from the bay restoration fund, the Maryland Department of the Environment is supposed to help pay for new septic tanks when they are needed, "if sufficient funds are available," the law states.

The county's comprehensive plan says 18 percent of the county's acres are within 1,000 feet of tidal waters (41,630 acres). Piney Point, St. George Island, Wicomico Shores and Airedele Road in Ridge are served by public sewer; the rest of the homes near the shoreline use septic tanks.

According to the Maryland Department of Planning, there were 21,882 lots using septic tanks in St. Mary's County in 2004, with 5,994 of them within 1,000 feet of the shoreline — what the state defines as the critical area.

State lawmakers representing St. Mary's all voted against the new law.

The Maryland Department of the Environment estimates that 240 septic systems near the waterfront fail each year and their replacement would get top priority for state funding. However, the department estimates 2,000 septic systems across the state are repaired or replaced annually. For those who don't get state money, the difference in the cost of a new installation, or $12,000, can be subtracted from federal adjusted gross income on tax returns.

St. Mary's County Commission President Francis Jack Russell (D), also a member of the Chesapeake Bay Critical Areas Commission, said of the legislation, "I think this was something that slid under the wire. It's probably a good thing ultimately for critical areas. It's a hell of a time to put into effect right now. I don't think it's a good thing to have strapped us with right now" in a faltering economy.

Conventional septic tanks remove about 5 percent of their nitrogen load, while the newer technology removes up to 90 percent, Russell said.

"In general, I like the object, which is to clean up the rivers and the bay," said Del. John Bohanan (D-St. Mary's), but he said the mechanics of the law are "less than perfect. In the end for me the downside outweighed the benefits."

Many waterfront homes in St. Mary's are older homes, with older residents, and a septic system usually doesn't give a warning when it's about to fail, he said.

"They'll just fail and you have to have them replaced quickly," he said. Under this law, "you're going to have to put in a large amount of money and hope to be reimbursed.

"The real hang-up I have is this will cause people to bootleg fixes," to septic systems, which doesn't help the bay's health at all, he said.

"Hopefully the money will be available out of these funds," said Commissioner Thomas A. Mattingly Sr. (D). Septic tank owners pay $30 a year toward the bay restoration fund, which is supposed to cover failing septic systems.

jbabcock@somdnews.com