Aug. 26, 2013

Health Department pleased with sewage enforcement efforts, so far

By SCOTT WRIGHT


CENTRE — Five months into the Cherokee County Health Department's efforts to enforce a sewage ordinance designed to clean up Weiss Lake, the man in charge of the program is pleased with the progress.
 
“We've had enough people who want to be part of the program to keep us busy,” said Environmentalist John Davis, Jr.

Davis told The Post over 840 permits have been issued to property owners inside the lake's flood easement.
 
“We've had one renewal already and the main push for those will be in December,” Davis said. “The really big push will be in April. We'll have about 272 renewals then, since that's when we got started this year.”

The historic ordinance, the first of its kind in Alabama, includes the declaration that it was written to “protect the public's health by protecting the water quality of Weiss Lake, the primary water source for citizens of Cherokee County and to minimize the adverse health effects of the … illegal disposal of sewage.”

After years of delays the ordinance, which only applies to unincorporated areas of the county, was passed unanimously by the Cherokee County Commission in April 2012. The ordinance outlined a procedure for installing state-approved sewage holding tanks at thousands of lakefront properties and basically set up an alliance between the County Commission and the Health Department.

The agreement gives Health Department officers the authority to patrol the Alabama Power flood easement and identify “noncompliant properties.”

Notices sent to potential violators warn of citations and fines of up to $150 per day for any structure not brought into compliance. The notices also warn property owners that they “shall be subject to fines and to the administrative fees equal to any costs incurred by Cherokee County in the event the county takes action to abate the sewage nuisance.”

Davis said he has already asked for the Commission to get involved in the process on one occasion, though the matter with a stubborn property owner was resolved before the Commission had to hand down a potentially hefty fine.

“We jumped on that one right away because the property owner told us he was not going to comply,” Davis said. “But by the time the County Commission reviewed it and sent a letter to the person, he came in and complied.”

Annual fees for sewage permits cost $100 (after the $150 initial charge). Also, anyone who doesn't have a state-approved sewage holding tank can expect to pay around $400 to buy one and have it properly installed. The Health Department also requires a record of a valid contract with a septic service to pump the tank on a regular basis.

Davis said one source of confusion, and occasional contention, for some property owners is the realization that the sewage ordinance applies equally to each and every potential violation on a piece of property.

“The compliance is mandatory and applies separately to any and all structures on property inside the Weiss Lake flood easement,” Davis said. “That can be a hard concept for some people, but we are looking at every single structure in the easement, and we typically refer them back to their own deed and to the ordinance, which explains it all.”

Davis said the process has been evolving since April, as hidden areas around the lake and new potential sewage violations come to his attention.

“We think we've covered all the known areas, though there are some other places out there that are going to be smaller, down a dirt road, that are still out there,” he said. “We're walking the lake every day.”

Davis said he's thankful for the public support he and his officers have received. He has also been delighted by the number of property owners willing to do their part to help clean up Weiss Lake.

“We're pleased by all the people who have come in,” he said. “We're as anxious as the community to see this through.”