LEAGUE OF WOMEN VOTERS OF WESTCHESTER
200 Hamilton Avenue, White Plains Mall, White Plains, NY 10601
Tel: 914-949-0507; fax 914- 997-9354; email LWVwestchester@verizon.net
LWVW
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Are You Drinking Your Neighbor's Sewage? Most people have no idea how a septic system works. In fact, when new homeowners discover that they have a septic system their response is something like, “You mean our sewage eventually ends up in our yard?” Well, not exactly. The League of Women Voters (the League) has spent the past ten years investigating water quality issues and has completed one study on Stormwater and two in- depth studies on sewage disposal, which identified improperly maintained and failing septic systems as a very real threat to our drinking water - our reservoirs, and groundwater wells. This is a public health issue. Since completing our studies we have been advocating for a county-wide and county run septic management plan. However, before we look at a management plan, let us first understand how a functioning septic system should look. Onsite systems (or septic systems) are actually efficient and cost-effective means of treating sewage if they are properly sited, constructed, maintained, and managed. How a Septic System Works Currently, Westchester County Department of Health (DOH) issues permits for the siting and construction of septic systems. When a septic system is suitably located, properly designed and installed, and adequately maintained, it is an effective and economical waste disposal system. A septic system has four basic parts: a pipe from your house, a septic tank, a drainfield and the soil. All of the wastewater from your house exits via the pipe to the septic tank. The septic tank is a buried, watertight tank where the wastewater stays long enough for the heavy solids to settle and be partially decomposed by bacteria to form sludge. Lighter solids and grease float to the top forming a scum layer. The remaining wastewater exits the tank and is discharged into the drainfield where it is further treated by the soil. The water percolates in the soil removing harmful bacteria, viruses and nutrients. Once installed, the maintenance part is up to the system owner, and today there is no countywide requirement or education program on how to properly maintain a septic system. How Do I Maintain My Septic System? Proper maintenance involves two main activities: regular pumpouts and inspections. Pumpouts Inspections It should be noted that the company that inspects your system should be different from the company that pumps out your system. Inspectors should be licensed and certified. The Problems of Not Maintaining A Septic System Second, failing septic systems are a public health issue because they can contaminate the ground water (drinking water wells) and/or surface waters that eventually becomes the drinking water for 9 million residents of NYC and Westchester County. This is because poorly treated sewage can transport toxins and carcinogens through groundwater to wells and reservoirs. In fact, according to the EPA, septic systems that are not properly maintained are the second major cause of water pollution in the U.S. In Westchester County, we have 40,000 septic systems, most of which are located in your watershed. The League believes that the County needs to protect our water supply by implementing a septic management plan across the county. Components of a Good Management Plan As was already pointed out, maintaining a septic system is ultimately the responsibility of the homeowner. Therefore, the first component of a management plan is education. Currently there is no countywide education program on how to properly care for your system. However, the Board of Legislators has allocated $60,000 in 2008 for septic education - part of what the League has been advocating for the past three years. The County is also working on a database listing the 40,000-plus septic systems by address. This database is being created at the DOH as a consequence of a 2007 law requiring septage haulers to report each pumpout to DOH. In addition, the members of the Northern Westchester Watershed Committee have committed to collecting and reporting to DOH information on all septic systems in their towns, which will greatly enhance the database. The next piece of the plan is to mandate regular pumpouts and inspections. First, the County must train and certify inspectors. Septic owners could select from a list of certified inspectors and contract, at their own expense, for an inspection every 3-4 years. Every septic owner would be required to pumpout their system on a regular basis, depending on size of house, number or residents, etc. With the aforementioned database, it will be easy for the DOH to send a notice to a septic owner reminding them it is time for their inspection and/or inspections. The new septage hauler law only requires a cursory "look" into the tank but is not a full blown inspection - AND, the haulers are not trained to do inspections - this is what the League was trying to get Board of Legislators (BOL) to add to the law - trained inspectors and proper inspections. The League has suggested that the owner of a system which wasn't pumped, or didn't pass the inspection, would be warned to rectify the situation. If the problem is not addressed after a reasonable time, the County would send a truck to do it. A fine levied on the homeowner would pay for the pumpout. Generally, there would be no change in the homeowner's responsibility for his property. Homeowners would pay for their pumpout, and would receive a sticker showing the date completed, and the next time a pumpout should be done-just as one does with a car inspection. The information would be entered into the database; if no record of a pumpout and/or inspection is submitted, the County would send a reminder. Why Doesn't Westchester County Have a Septic Management Plan? You may be asking yourselves why a management plan has not been put in place already. After advocating for a management plan for the past few years, the hurdles, as we understand them from our meetings with the BOL, are: home rule issues, cost to the County and a concern about systems that appear to be irreparable. In our opinion the issue of home rule, or the County not wanting to legislate how people take care of their property, is without merit. The county recently passed legislation requiring regular testing of drinking wells to protect those homeowners. However, if a septic system fails, it enters the groundwater affecting more than the immediate property and can become a public health issue. A potential risk to the public is EXACTLY what the County should be managing. The County legislators have also cited 'cost' as a stumbling block but they have been unresponsive when the League has asked them to detail what they THINK the costs will be for a county-wide management plan. The costs will include setting up a database and sending out reminders about inspections. The costs of pumpouts and inspections are now and should remain an expense of the homeowner. Therefore, the total cost to the County should be minimal. Finally, we have heard some County staff use the argument that some systems may not be able to be repaired; therefore, there is a risk that people would be forced out of their homes. Our research indicates that few, very few, systems are irreparable. For those systems that appear to be "unfixable" there are new technologies e.g. anerobic systems and systems engineered for poor soil, limited acreage, and rocky terrain. The State Dept. of Health has been slow to approve these new technologies, despite the recommendations of a committee convened years ago to review new technologies. There are many alternatives to condemnation. Failing septic systems, affect not just the single homeowner but the wider community. Building codes keep people from living in substandard houses; septic regulations will keep people from polluting the groundwater, which knows no boundaries. Once a failing system is identified and remediation found, how can the repairs be made in hardship cases? Homeowners can get low interest loans to repair failing systems from the NY State Clean Drinking Water Revolving Fund. The County can also set up its own low interest loan program. Just how many public versus private funds are used to clean up a source of pollution is a work in progress. One approach used successfully in Connecticut involves the County doing the repairs and placing an assessment against the property. The County would be repaid upon sale. Another option is a grant program. Possibilities exist and need to be explored. Summary The issue of a Septic Management Plan has never been more timely. In 2006, the Department of Environmental Conservation issued Modifications for MS4's (municipal separate stormwater sewer system) in the East of Hudson Watershed for the Required Stormwater Management Program. The modifications call for: 1. public education and outreach on stormwater impacts, including septic systems; 2. a requirement to develop, implement and enforce a program to ensure that onsite wastewater treatment (septic) systems are inspected and, where necessary, maintained or rehabilitated at a minimum frequency of once every three years. Program development includes the establishment of the necessary legal authority to implement the program. This means that every town must have a septic management plan in place by 2009 for most of its septic systems - neither insignificant nor inexpensive undertaking. Based upon the above information the League strongly advocates for the County rather than each of the 45 municipalities to implement an education and management plan that will have uniform standards, a central database, and enforcement ability. To repeat - this is a public health issue. Westchester County (cont. from home page) If you are thinking that this does not concern you because you do not have a septic system, consider this: while the water supplies are located in north county, most south county residents drink this water. If you have well water, that water supply is threatened by mal-functioning septic systems. The League Sewage Committee has had several meetings with the Board of Legislators Committee on Energy and Environment to urge its members to pass a septic management plan to protect water quality and public health. Discussions are just in the beginning stages. You can help now by letting your legislator know that (a) you think that this is an important issue and (b) that you encourage them to support a septic management plan to protect public health. Please send an email or make a call. This truly will help. The Op-Ed piece below (published in The New York Times on Dec. 10) was written to inform the public of this critical need for proper management of septic systems. We will keep you posted on the progress on legislation, and at the appropriate time, will send Action Alerts for your support. The Op-Ed piece published in The New York Times on Dec. 10: "A Drinking Problem" Nine million people drink water from the New York City reservoirs, including the Croton Reservoir; approximately 800,000 of these are Westchester County residents. Twenty thousand homes in Northern Westchester get their water from wells. While these water supplies have been considered safe, they are threatened by malfunctioning septic systems, which are placed on the property of individual houses, housing developments and businesses; these systems treat the wastewater on the premises instead of sending it to a central treatment plant. According to the U.S. Environmental Protection Agency, failing septic systems are the second largest cause of water pollution - and this includes drinking water. The agency estimates that 168,000 viral illnesses and 34,000 bacterial illnesses result every year from contaminated drinking water. Of primary concern are the waterborne pathogens from feces seeping from malfunctioning septic systems. These pathogens are a threat to public health, a threat that became a reality in Westchester in 1996 when there was an outbreak of hepatitis caused by a septic system that contaminated the drinking water of a community well in New Castle. Ten years later, Westchester County has done little to attack the causes of this dangerous situation. What the county needs is tighter regulations for septic systems. In 1997 the towns in the New York City watershed and Westchester County signed an agreement with the city to put aside money designated to safeguard the threatened water supply. In particular, some of this money was to be used to clean up and replace failing septic systems with sewers connected to county-owned treatment plants, thus diverting wastewater from the watershed. Unfortunately, the allocation of money for the diversion plan never made it to a vote at the board of Legislators because constituents living near the plants asserted that these treatment facilities could not deal with increased sewage. Septic systems can be a cost- effective and efficient means of treating wastewater if they are properly designed, sited, constructed and maintained. The Westchester County Department of Health regulates the first three criteria, but no agency oversees maintenance once the system is installed. According to the Environmental Protection Agency, it is the lack of maintenance that leads to system failure; therefore, the agency has issued guidelines to encourage communities to adopt effective maintenance programs. Westchester County has about 45,000 septic systems. Most of them are more than 30 years old, and were built with what is now outdated technology and under regulations that were weak or non-existent. Many of these systems are failing and could potentially pollute our water. The county needs to establish a program to ensure that owners of septic systems know how to care for them and that they are being regularly maintained by qualified persons. Counties and states across the country have set up septic management plans to provide oversight, education, and inspections. In fact, the Westchester County Department of Planning drafted such a plan in 2000; for unexplained reasons, the plan was shelved and so far nothing has replaced it. At a minimum, the county plan should include an education program on maintenance for owners of septic systems, and a requirement for regular pumping and inspections by certified persons with copies of these records sent to the Department of Health for inclusion in a database for tracking compliance. It would be a shame if we waited until a larger public health emergency, like the hepatitis incident, frightened us into finally taking this action to protect our drinking water." Background about League's Position on Sewage PROPOSED SEWAGE DISPOSAL OPTIONS CONCURRENCE STATEMENT 2005 Introduction In the spring of 2003, the League of Women Voters of New Castle began a study of sewage disposal options in New Castle considering water quality, development and economics. The study focused on Random Farms, the Stanwood area, Riverwoods and Yeshiva Farm Settlement. These areas use both sewers and septic systems which allowed the committee to examine these options under actual site conditions. Random Farms treatment plant discharges the wastewater subsurface to a septic field. The committee presented its findings in a public education program in June 2004; and the membership reached consensus on this issue. Establishing a position allows the LWV of New Castle to join the policy discussion and to advocate on issues relating to sewage disposal. It will allow them to address the current New Castle plan to divert sewage from watershed areas, as well as sewage disposal in other areas or any future plans on sewage disposal. A report of the study is available here in pdf format. Concurrence Position Statement: The League recognizes Westchester County's important role and responsibility in protecting our waters, particularly drinking water. The League recognizes that properly sited, constructed and maintained onsite sewage disposal systems are an effective method of treating wastewater. A 1999 League study determined that the proper performance and reliability of these systems is key to protecting water quality; and that homeowner education on proper care and maintenance is essential for continuing performance of these systems. In areas in which on-site sewage disposal systems are the option used by most residents, the League strongly supports formalized management plans for onsite (decentralized, septic) systems. At a minimum, regular inspections and pumpouts, and certification of proper operation of these systems at the sale or transfer of property should be required. We also support comprehensive enforcement of existing regulations for wastewater treatment by all responsible agencies and greater coordination among these agencies to achieve that end. The League also recognizes that there are areas where onsite systems, and systems that discharge wastewater subsurface, are not appropriate due to environmental conditions or public health concerns. The determination not to use onsite systems must be validated, considering water quality, development, economic impacts, and timeliness. Sites that have been validated to be unable to support onsite systems should be sewered to a centralized wastewater treatment plant. The League recognizes that the creation of sewers does not inherently foster property development. To address these concerns, the town government has the responsibility to use its comprehensive plan to legislate zoning, land use and site plan regulations to reflect the desires of residents. The League expects our town and county officials to exhibit strong leadership to address areas that require immediate attention, and to do so in a timely manner in order to prevent future threats to water quality. LEAGUE OF WOMEN VOTERS OF NEW CASTLE FACT SHEET - SEWAGE DISPOSAL OPTIONS STUDY Completed Winter 2005 Contacts 1. The Croton water system provides drinking water to 9 million people, including 900,000 in Westchester County. 2. The Westchester towns that use water from the Croton Watershed include Ardsley, Briarcliff Manor, Croton, Katonah, Irvington, New Rochelle, Ossining, Sleepy Hollow, and Tarrytown. New Castle also uses some Croton water, but filters it. 3. Wastewater treatment plants in need of upgrades and failing septic systems are a major threat of contamination of the watershed. 4. New York City plans to filter the Croton water, but that will not benefit the Westchester customers because the plant will be located in the Bronx. No communities north of the plant will be filtered. 5. In 1997 NYC allocated $34 million, which has now grown to more than $50 million, to help clean up the Croton Watershed. The County legislature is responsible for dispersing this money, yet to date, only a small amount of the money has been authorized for use. 6. In 1998 the Northern Westchester Watershed Committee, the entity designated to make recommendations on watershed protection, named diversion of wastewater to County-owned treatment plants as their top priority. Their decision was based on the county'¦s Croton Watershed Wastewater Diversion Study. 7. Four communities in New Castle were among those from which sewage was to be diverted. 8. One potential health risk of contaminated water is hepatitis A. In 1996 this highly contagious pathogen was found in an area of New Castle wells are used and septic systems were failing. Other pathogens sometimes found in contaminated water include giardia and cryptosporidium. 9. The League of Women Voters of New Castle undertook the study of sewage disposal options because efforts to clean up the Croton watershed have a direct impact on our Town, for example whether upgrades are done or sewers are constructed. 10. The League strongly supports formalized management plans for onsite (decentralized, septic) systems. In those areas where onsite systems are inappropriate due to environmental or public health concerns, it supports the use of sewers. NEED FOR ACTION 1. The Croton watershed must be protected. It is imperative that the County Legislature act so that the important objective of watershed protection can be achieved. If the legislators disagree with the recommendations of the Northern Westchester Watershed Committee, it behooves them to approve alternate methods of correcting the problems in the watershed that were identified in 1998. 2. The New Castle League expects our town and county officials to exhibit strong leadership and to do so in a timely manner, to correct present and to prevent future threats to water quality in Westchester County. STATE AND COUNTY POSITIONS: LEAGUE OF WOMEN VOTERS OF WESTCHESTER I. Wastewater Management in Westchester County: Statement of Position June 2002 (relevant excerpts) The League of Women Voters of Westchester believes the management of wastewater treatment in Westchester County should be improved in order to ensure efficiency and safety in operations, protection of the environment, and equitable rates. Increased oversight and accountability is vital. With respect to operations, any county wastewater treatment system should include: a) an appropriate standard of sewage plant performance d) a septic maintenance component. Government oversight of septic systems, serving over 45,000 residences and businesses in the county, is inadequate to the task of protecting our environment and, most crucially, public water supplies. Management could include the creation of septic districts, requirements for regular pumpouts and inspections, education of users, and adequate personnel and funds to implement and enforce regulations. II. Drinking Watershed Protection Statement of Position 1994 (relevant excerpt) 3. In New York State, Non-point source pollution should be recognized as the major threat to drinking water. It accounts for 50-90% of watershed contamination. -----(It) results from numerous causes ranging from agricultural and urban runoff to leaking septic tanks. LEAGUE OF WOMEN VOTERS OF NEW YORK STATE Need For Measures To Achieve Watershed Protection of Drinking Water, Including Pesticide Issues Statement of Position 1997 (relevant excerpts) Water quality in New York is adequate but threatened. Therefore, members support strong regulations to reduce nonpoint source pollution. There is a need for education and technical assistance to address issues of best management practices to control nonpoint source pollution. Best management practices should be applied to all sources of nonpoint pollution. The League supports: * a regional watershed approach requiring regulations that cross municipal boundaries * requiring communities to keep their water and sewage infrastructure in good working condition * state enforcement compliance with a strong role for county and local government |
LWV Responds to Draft of The Croton Watershed is a series of interconnected reservoirs and lakes that provides approximately 10% of New York City’s drinking water during normal times and up to 30% during times of drought. It also provides drinking water to parts of the towns of Somers, Yorktown and Cortlandt. Protection of the watershed is critical to ensure safe drinking water to these communities. In January 1998, the ten Croton Watershed towns, Westchester County and he NYC Department of Environmental Protection agreed to participate in the development of the Croton Plan. The purposes of the Plan were: to identify significant sources of pollution in the Croton watershed system; to recommend measures that can be taken by NYC, the counties and the municipalities to improve water quality and to prevent degradation; and to recommend measures to protect the character and special needs of the Croton Watershed communities. After waiting for almost 10 years, a draft of the Croton Plan was finally released in July (to read the draft of the Plan go to www.westchestergov.com/planningdocs/ Download Word doc LWV comments |
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Updated by Valerie Castleman June 26, 2009