Board Eyes Bond Requirement For Alternative Septic System

Citing the costly problems some in his district are facing with having to replace non-conventional wastewater systems, Supervisor Jim Burton (I-Blue Ridge) wants the county to require a performance and maintenance bond and a financial guarantee for proper installation of the systems.

"These people have upside down mortgages to try and replace these systems with new systems," Burton said. "This would try to provide some way for an innocent homeowner [to get help].

The bond, to be applied at the permitting portion of the county's development review process, would ensure conformance with the state or local construction and maintenance standards and requirements, Burton said. Burton is also seeking an amendment to increase the reserve drainfield requirements from 100 percent of the square footage of the system to 200 percent of the square footage of the system.

"These drainfields in general for these systems are much smaller than conventional systems. That's part of their attractiveness," Burton said. The smaller drainfields, however, can make a lot unviable if the non-conventional system fails.

The reliability of non-conventional wastewater systems has been debated in the county for years, with the Board of Supervisors voting to place a five-year ban on the systems in November. However, the General Assembly overturned that action, saying Loudoun could not impose such a moratorium. During the reconvened session, Gov. Tim Kaine amended the legislation, delaying any restrictions to county governments until after the State Board of Health promulgated final regulations on the operating and maintenance of alternative systems.

Since Burton's proposal only initiates the process of drafting the amendments and does not give final approval, seven of the remaining supervisors supported the action. Only Supervisor Eugene Delgaudio (R-Sterling) opposed, saying he did not believe it was appropriate to impose more regulations.

"I believe we don't have enough information to go down this path. This is a very serious step," he said. "I feel this is beyond expectations. The community is already reeling and we're going to bury them further and deeper in this."