The Brown County Health Department must release a draft of its policies and procedures manual which was referred to in a recent draft of the county’s new septic ordinance, the Indiana public access counselor has decided.
Resident Tim Clark made a written request for the draft procedures manual, also known as the SOPs, and the draft septic ordinance in May. The health department sent him the draft ordinance, but not the manual, saying that the manual was not complete and had not been finalized because it is based on the draft ordinance.
The fact that the manual isn’t final yet doesn’t automatically mean that the public can’t see it, PAC Luke Britt explained in his opinion filed last month.
“Once a policy, ordinance or resolution is presented to a board for approval, that version, whether adopted or not, is no longer deliberative,” Britt wrote. “The decision to submit for approval has been made and the version no longer becomes speculative in nature.”
“… Simply put, at this point in the process, it seems reasonable to release a recent version of the policy manual,” he wrote.
The law does allow a board to claim an exception for “deliberative material,” but that reason was not given for withholding the document when Clark asked for it in May.
“The decision-making process will most likely not be harmed by doing so,” Britt wrote about releasing the draft SOP manual. “While the working copy may still be somewhat fluid, chances are it is not radically so. If the Brown County Health Department is wary of the document being passed on as final, it should include ‘DRAFT’ watermarks, which usually alleviate that problem.”
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The SOPs have come up in public debate about the septic ordinance since at least 2018, when an earlier draft of the ordinance was removed from consideration because of concerns from the public and elected officials.
During a March 2018 meeting to discuss the draft ordinance, multiple speakers told the county commissioners that they wanted to know how the health department was going to enforce the ordinance before it was passed, like what happens to a person whose septic system is deemed to be failed. The current septic ordinance — which was passed in 1997 — does not list procedures.
Passing the new ordinance before understanding the “how” behind it was “putting the cart before the horse,” objectors said about the version that was considered in 2018.
The draft of the septic ordinance update that’s being considered now had made reference in several places to a separate procedures manual. But in a meeting of the health board in July, all those references were removed before the ordinance was passed to the county commissioners for their consideration.
Septic inspector and health department employee John Kennard told The Democrat last month that when a new ordinance is passed, the SOPs manual will be written if it is deemed necessary.
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What it says
The draft SOPs manual focuses on septic systems only. The draft that the newspaper received from the health department on Aug. 24, fulfilling a request made on July 30, was 53 pages long, but a few pages in the “installation” section were blank except for a heading.
Under a section called “notices of possible violations,” the draft manual says that “a complaint investigation begins once the Brown County Health Department receives a complaint of a discharge that may contain sewage or septic effluent AND when a complainant provides necessary information to complete the complaint form. The steps listed are:
1. “Have complainant complete form or gather information over telephone. Complainant may provide his or her name and phone number or remain anonymous.
2. “The initial investigation includes mailing the property owner a certified letter and the form titled ‘Authorization to Access Property,’ as well as attempt to contact the property owner by phone.
3. “Staff is to research current database and paper files to find existing septic location. (May need to go to assessor’s office for property card, planning and zoning for further verification and search ownership history.)
4. “After ‘Authorization to Access Property’ is signed and dated by the property owner and received by the department, go to location of complaint, do investigation: dye test and/or water sampling and photographs.
5. “If the property owner refuses to sign and return the ‘Authorization to Access Property’ form within 14 business days from the date of the certified letter, see number 10 below.
6. “If a violation(s) is found, send abatement letter notifying property owner. Include expected time frame of when project should start to correct the issue and procedures to follow. Include a deadline date.
7. “Follow up progress by visiting site if necessary.
8. “If deadline for corrective action to be started is not met, mail second letter of notification stating corrective action and procedures. A 30-day extension may be granted if receiving cooperation from property owner.
9. “Always take weather and soil conditions into consideration when setting time frames.
10. “If not receiving cooperation, turn over to the Brown County Health Department attorney for further actions.
11. “To condemn a property, the issue must be discussed fully with other employees of the environmental health department as well as the health officer.
12. “Once repairs are made and inspected, close out file. File documentation in appropriate place and add complaint to tracking book.”
A copy of the “Authorization to Access Property” form is included in the draft manual, as well as sections from state code, IC 16-20-1-23, which explain when, why and how a health department employee can enter someone’s property.
There’s also a page on “wastewater disposal failures” which repeats what the steps are for a property owner after a septic system fails inspection. “Remedial action can range from repairing a broken or clogged sewer lateral, rerouting plumbing, to replacing existing septic tanks and drainage field systems,” it also says. “If soil conditions do not allow repair/installation of the system due to soil saturation or weather conditions, see Standard Operating Procedures for Pump and Haul.”
It also gives three suggestions for places homeowners can call if they can’t afford repairs: the township trustee, USDA Rural Development or the Rural Community Assistance Program (RCAP).
Under the “repair or replace” section of the draft manual, it says that landscape plans close to the septic field need to be submitted to the Brown County Health Department so that staff members may assist in the placement or excavation so that the septic field is not encroached upon; all septic repairs need to be performed by a Brown County-registered installer; and other details about septic work performed at the tank or below/behind it.
It also refers to state code for a definition of septic failure, and says that if a system needs to be replaced because of failure and the site cannot meet all the provisions of the state rules, deviations can be made “in accordance with the best judgment of the local department of health, based on the following.” Those factors are the limitations of the site; written results of the operation of the septic system components and probable reasons for failure; and the written results of a soil evaluation.
The page on “pump and haul” — paying a contractor to periodically pump out and haul waste from your septic system — says that:
- “the applicant must submit, in writing, the reason for needing to be placed on pump and haul …
- “the health officer or the designated agent shall make a determination if the request is valid
- “if the request is valid, the applicant must sign and complete a Pump and Haul Authorization form … and pay a fee of $100. …
- “according to state code 410 IAC 6-8.3-52 (3) there is a one year time frame for pump and haul. This one year time frame may be extended by the county health officer or the designated agent upon documentation of satisfactory operation of the holding tank. If the time frame is extended for one year, the applicant must pay a fee of $100
- “if the applicant is denied being placed on pump and haul, the applicant can appeal the decision to the Brown County Board of Health.”
Most of the rest of the draft is a series of forms and detailed instructions for inspecting specific types of septic systems.
There are also sections on registration for installers; penalties; tourist home and bed-and-breakfast septic systems; and administrative appeals.
The Brown County Board of Health has said in past meetings that it will look over the SOPs manual separately draft from the septic ordinance draft. When the board will do that isn’t clear yet.
The board of health meets every other month, so the next regular meeting is scheduled for Tuesday, Sept. 15 at 5 p.m.
