Hook-up required by county law

A letter from the county health department ordering homes near Portland to hook up to city sewers was simply an attempt to follow the law, the county's health officer said Monday.

The health department sent notices earlier this month to residents who live near two city sewer lines - one south of the city running from POET Biorefining to the Portland wastewater treatment plant and one north of the city near county road 100 North near Portland Municipal Airport - requiring residents within 300 feet of the line to tap in.

Residents along county road 150 South approached Jay County Commissioners Monday asking for information. That sewer line along 150 South, installed and initially owned by the county, was recently turned over to the City of Portland.

The residents along the road had a verbal agreement with the county that they would not be required to tap into the sewer until their septic systems failed or they chose to do so.

That verbal agreement appears to be at odds with a Jay County Sewer ordinance, adopted in 1981. That ordinance says that whenever a public or community combined or sanitary sewer passes within 300 feet of the property line of a residence or business, that residence or business must hook into the line.

Although the city will accept the sewage and assess a fee, the move to get those residents connected was initiated by the county's health department in accordance with state law.

"It's actually not the city," said Jay County Health Officer Dr. Stephen Myron. "If you'll get the ... statue ... if a sewer line goes by your home, then you must attach. And that's where the confusion has been.

"The City of Portland is not pushing this," he said.

"I'm very disappointed and I think it's unfortunate that responsible people took an irresponsible approach on this matter by making assumptions that appears to have been made," Portland Mayor Bruce Hosier said this morning.

"That was not done at the request of the City of Portland," he said. "The city was aware that a letter was going to go out, but that decision was strictly based on the decision makers in the health department ..."

Myron explained that, despite the fact residents report their septic systems are working fine, the state health department is trying to move toward sewers over septics wherever possible. Older style tank septics that drain to a ditch are in violation of state codes and even newer style "leech field" systems may be shut down in favor of sewer. In a conversation Monday afternoon, Myron did not reference the county ordinance.

State law says that municipalities "may" require hook-up if the 300 foot threshold is crossed, but does not require it.

The same issue with septic versus sewer arose in the early stages of a county sewer project near Dunkirk, when residents were upset that they would need to hook into sewer even if their system is functioning well. Jay County Health Department environmental officer Dave Houck explained the same thing at the time.

"I will equally apply the laws to everyone - we do not play favorites with anyone - once we are aware of the situation," he said. Myron did not say how the situation came to his attention.

The line was installed around the time the POET plant opened southwest of Portland. The homes along 150 South, located west of Blaine Pike between POET and the wastewater treatment plant, were there long before the sewer line. The 300-foot rule was not enforced until now.

The transfer of ownership from the county to the city was made so Portland can continue to perform maintenance on that sewer line.

There is an appeal process for residents in the affected areas. Anyone who thinks their septic system can meet compliance regulations can submit a letter in writing to the Jay County Board of Health, which will review the appeal and can grant an exception.

The city, however, has the power to require those residents to hook up even if granted an exception by the health board. Hosier said that decision will be made if and when it needs to be pending any rulings by the health board.

If required to connect to the city sewer, residents will be responsible for deconstructing their septic systems, contracting someone to connect to the sewer line, paying a $500 tap fee and $25 sewer tap application fee to the city and pay a monthly, flat treatment charge of $32.10.

Hosier said any future possibility of tap fees being waived or other provisions being made would be decided by the Portland Board of Works at that time.

For now, affected residents will need to speak to the health board if they choose to fight the connection.

"I'm just enforcing the law, this is what the law says," Myron said. "People can appeal to the health board - that is the board that governs my office - and they just need to do that."[[In-content Ad]]