Clancy residents, who once confronted the prospect of switching to a public sewer system, now are facing another change when it comes to their septic systems. The Jefferson County Health Board has proposed the creation of a Special Management Area and Septic Maintenance Program, to be discussed with the public on May 18.
This Special Management Area would allow the county to have greater oversight of septic systems located in the existing Clancy Water and Sewer District (CWSD) — by adding the Special Management Area Designation to existing Jefferson County Onsite Wastewater Treatment Regulations.
The proposed area would introduce septic restrictions and regulations in the CWSD regarding expansion of existing systems, permitting of new systems, and replacement systems as well as the implementation of a management program to enforce rules for testing, cleaning, repairing, and replacing existing septic systems and impose penalties for “failure to comply.”
According to Montana Code Annotated 50-2-116, health boards can “adopt necessary fees to administer regulations for the control and disposal of sewage from private and public buildings.”
A document available on the Jefferson County Environmental Health website entitled, “Proposed Creation of Special Management Area” states that creation of the Special Management Area is in the interest of promoting and protecting public health and water quality. “Discharging nitrate to groundwater at levels that may cause or contribute to degradation of state water quality is in violation of 75-5-301 MCA. The Health
Board has the authority and responsibility under 50-2-116 MCA to adopt necessary regulations for the control and disposal of sewage.”
“Many of the septic systems in this area are old and may not work properly,” according to the document. “They have the potential to contaminate the groundwater and create a health hazard for those relying on it for drinking purposes. Periodically inspecting and pumping septic tanks helps determine if systems are functioning properly and filtering disease causing pathogens out of the wastewater.”
The main concern, as it relates to the septic systems, is the elevated nitrates levels in the water. Nitrates, according to the document, can cause blue baby syndrome, which is potentially fatal, as well as damage the ecosystems of surface water.
The Special Management Area would, according to the document, allow the Department to deny approval of new or increased septic use unless it determines it will not cause or contribute to a violation of the state nitrate standard. “The Department will evaluate septic permit applications on a case-by-case basis, using the best information available including, but not limited to, nitrate sample results and existing studies on groundwater flow direction.”
The nitrates issue, as well as elevated uranium levels in some of Clancy’s wells, were the reasons behind the creation of the CWSD in 2015. Since then, however, the district has met obstacles in the form of mixed public support, high costs, and board turnover.
Late last year, the CWSD board lost two members, leaving President David Leithiser as its sole member. Leithiser appointed Bob Marks, Jen Davis and Jason Gilliland, to fill out the board, as required, but none of them sought election for full-term positions on the board by the February 8 deadline. “They can stay if they want and are certainly welcome to. We are all volunteers with service to our community as our reward; I hope we can maintain a stable Board,” said Leitheiser.
Statute requires that Leitheiser, the sole remaining member of the board, once again appoint new members.
Despite the prospect of two entities addressing the same problem, Leitheiser is not concerned about overlap, “The mission of each is actually very different. The Special Management Area would be to ensure proper maintenance of existing septic systems and adequate replacement if needed. The CWSD is to investigate the feasibility of the possible public water/wastewater systems.”
Leitheiser says he supports the Special Management Area and believes that cooperation between the County Health Board and CWSD could benefit the community. However, what does concern Leitheiser is what he describes as an “arbitrary boundary.”
“I think it would be odd to use the CWSD boundary for a one-size-fits-all approach for any septic system replacement requirements,” he wrote in an email. “Reasons are (but not limited to) the main groundwater contamination problem area is along the southside of the Clancy Creek so why not focus there for specific replacement requirements, the school already has a well maintained public system, myself and neighbors have modern septic systems with no downstream wells or potential impact areas.
“A replacement septic system requirement should fit the needs of the home and immediate area of possible impact, not be a blanket approach that would be costly and punitive with no additional groundwater quality improvement.”
Those wishing to voice their opinion on the Special Management Area and Septic Maintenance are encouraged to attend the County Health Board meeting on May 18 at 6:30 p.m. at the Clancy School.
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