Trumbull County, We have a problem...

Most people in Trumbull County know we have a septic problem. A few people understand why we have that problem, and even fewer people know how we can fix it.


First, a little Septic 101 for everyone: If a home can’t be tied in to a centralized sewer system, it must have a septic system. On lot septic systems have a tank for solid waste and the liquid waste or black water is filtered through the soil. All of the waste is contained to the property and none enters the streams and rivers (waters of the state). Off lot systems have a tank for solid waste and a filtering system that cleans the liquid waste before it enters the streams and rivers.

Where there are no central sewers available, the method preferred by the Ohio EPA is an on lot system. Unfortunately, in our area, we have a clay soil that does not filter the liquid waste well. In order to make an on lot system possible, work has to be done to the soil to make it filter. There is also usually a larger footprint required for this system; and of course, it can get very expensive. Usually it is impossible to have an on lot system for lots less than one acre. The Ohio EPA requires that all options be exhausted before an off lot system be installed.

From 1992 to 2002, the Trumbull County Board of Health did not follow Ohio Administrative Code for approving permits for off-lot systems. They also subdivided property into lots smaller than five acres without a plan for a central sewer system or a determination that such a system would be impracticable or inadvisable. As a result, in 2006, the Trumbull County Board of Health was sued by the State of Ohio. To settle that lawsuit, the parties entered into an agreement-the “consent decree.” In this agreement, the Trumbull County Board of Health agreed among other things to only allow off lot systems when it is impossible for the homeowner to connect to a central sewer system or to install an on lot system. They also agreed to only allow sand filter systems for off lot systems. In 2008, the agreement was amended to allow other filtration devices that are “certified by the manufacturer to meet or exceed the performance of a sand filter.” However, the guidelines for accepting these devices are established by the Trumbull County Board of Health.

To date, only two devices have been approved by the Trumbull County Board of Health. One of these is more expensive than the sand filter system. It is also even more unsightly than the sand filter system. We effectively have one system outside of the sand filter system that can be used in an off lot system. The Board of Health has created a monopoly for that manufacturer. Because we have the consent decree which gives TCHD the final authority to regulate competition, it costs more in Trumbull County to have an off lot system installed here than it does anywhere else in Ohio.

The Trumbull County Board of Health has rejected requests to approve another system that was approved by the Ohio Department of Health in 2010. This system was approved for use in all the other counties in Ohio. Our Board of Health believes that it doesn’t conform to the consent decree. Because of the consent decree, they have the power to set the guidelines for approving the systems.

What are the effects of this situation? The cost of putting in an off lot septic is higher here than anywhere in the state. We live in an area where home values are not that high to begin with. Often, when a property is sold, the septic needs to be replaced. Sometimes the cost of the new system is actually close to what the home is actually worth. Also, because our Board of Health now has the reputation of being unfair and heavy handed, people don’t want to buy in Trumbull County. By the way, the heavy handed reputation is earned. They have jailed people for not replacing their septic system. The sales of homes have been stalled making our already depressed economy even worse.

So what is the solution? First, we need to get out from under the consent decree. The intent of the decree was to make us compliant, but it has now become punitive with Trumbull County’s rules now being stricter than the rest of the state. The decree has been amended; why can’t it be revoked? The candidate for 64th District State Representative Randy Law thinks that it can. He believes that as state representative, he would be able to help put pressure on the Administration and the Ohio EPA to bring the parties to the table to agree to revoke the decree. In a candidate meet and greet in September, he vowed to be relentless in trying to solve this problem. Please note in 2005, when he was in the General Assembly, Mr. Law worked diligently to sponsor and pass the Landfill Reform Bill. So he has a history of working hard to solve difficult problems. Tom Letson, the incumbent in that race, hasn’t addressed this issue in the three terms he has been in office.

We also need to realize that we don’t just have a septic problem. We have a Trumbull County Board of Health problem. They have been heavy handed in the enforcement of this decree. Their creation of the monopoly for off lot systems has added to an already difficult situation. They need to be replaced. How do we do that? Understand that your township trustees and some village officials elect the Board of Health. Find out who your trustees are. Go to their meetings. Make sure they understand what is happening at our Board of Health. If they don’t listen, replace them. Remember this: two trustees from each township are up for re-election in 2013.

These people-the State Representatives, the trustees, the Board of Health- are public servants. If they forget that, we need to remember that We the People have the power to replace them. We need to use that power, or we will lose it. We need to pay more attention to what our public officials are doing and hold them accountable for their actions. If we don’t, things will just get worse; and we will have only ourselves to blame.