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Board policies often are challenged.
Wednesday, a Kosciusko County Board of Health policy on setbacks for septic systems was questioned, but the board unanimously decided to stand behind its policy.
On Sept. 24, 2002, the health board adopted a policy that when an existing home is torn down and a new home constructed, any septic system needs to be 50 feet from any lake, stream or ditch. The effective date was Jan. 1, 2003. The Indiana State Department of Health sets the rules for on-site septic systems. From the 1960s to the '80s, it was required that septic systems must be 25 feet from a lake, stream or ditch. In 1986, that was changed to 50 feet.
At Wednesday's meeting, health officer Dr. William Remington said each week the Health Department discusses individual sewer cases, and with situations around the lakes, they try to do the best they can. Health Department Administrator Bob Weaver and Neal Brown, environmental scientist with the Health Department, have the policy they use when they make a decision on septic systems. But, like the case presented before the board Wednesday, there are issues for some cases that challenge the policy.
Wednesday's case is in Sellers Lake. A developer is trying to buy a number of properties there and improve them, said Brown. With the 50-foot setback rule, some of the properties are not going to be able to be improved because there isn't enough room from the water's edge. Brown said he and Weaver wanted to discuss with the board what they could do about this problem in Sellers Lake. So far, the developer has bought eight properties with plans to buy as many as 30, if possible.
In one example at Sellers Lake, Brown said, the developer wants to put in a small mobile home, but the septic system will be less than 50 feet from the water's edge. Remington said this is a case that may be repeated with other properties and there isn't any way to get more separation between the water's edge and the septic system. The current building on the lot is empty and the developer wants to fix it up, but they don't have the setbacks.
On one hand, Brown said, Sellers Lake really needs to be cleaned up. On the other hand, septics are a problem in that area and he is leery of making more problems.
Dr. Karen Boling, board member, asked what leverage the board has in allowing something different for Sellers Lake. Weaver said the state would say the board doesn't have any leverage and that septics have to be 50 feet from the water's edge. For lots platted before 1979, he said, septic systems were allowed to be at 25 feet from the water's edge.
The size of the lots at Sellers Lake are approximately 100 feet by 108 feet, with smaller lots as small as 50 feet by 80 feet.
The contractor for the developer, Randy Hough, said what they are proposing for Sellers Lake is better than what they can do on a repair permit. On a repair permit, Remington said, they can take a building in bad shape, repair and tweak it and the health board allows that. If the owner wants to put in an all-new system, however, they can't because of setbacks. Problems like this exist in all the lake areas in the county.
There is a disconnect with the state on the requirements and what it's like in Kosciusko County, Remington said. "I don't know that they totally understand our distinctions."
If the health board allows less than a 50-foot setback, Remington said, "there may be some liability to us."
Where possible in Sellers Lake, lots could be combined, but that isn't possible with every property. Brown said he'd hate to change a policy that is working great in 90 percent of the county, but Sellers Lake is a unique situation.
"There's good argument on either side, there really is," said Weaver.
Joan Darr, board member, said, "I think you have to be careful when you make exceptions to policies." People elsewhere in the county will want exceptions if they are allowed for Sellers Lake. If a property owner wants to replace a home, let them replace the home on the same square footage but no more than what was there. Where they can, they should combine lots, she said.
By fixing up the property and bringing more people in, Remington said, that increases the area's population density and septic concerns.
The board then approved upholding their policy.
Remington said they don't "want to put a damp towel" on the developer's efforts to improve Sellers Lake, but they want to stick to their policies.
Hough responded that the health board is putting a clamp on what they can do at Sellers Lake.
Health board members are president Dr. Wymond B. Wilson, Dr. Karen Boling, Dr. Dennis Woodward, Robert Knudsen, Dr. John W. Jones, Dr. Thomas E. Howard and Joan Darr, Kosciusko Community Hospital.
The next meeting was set for Dec. 8 at 7 p.m. in the county courthouse, Warsaw.
