By Michael Howell
The Ravalli County Board of Health has overruled a decision by the Ravalli County Department of Environmental Health (RCEH) that would have denied a septic permit in the floodplain of the Bitterroot River along the banks of Mitchell Slough.
Judy Mucha, who owns a parcel of land in the Alpenglow subdivision just south of Bell Crossing, came to the RCEH asking for a replacement septic permit on their 5.17 acre lot after the county commissioners adopted new floodplain regulations to allow building in the flood-fringe.
RCEH claims that it was not able to issue a replacement permit for a number of reasons. According to RCEH’s “Findings of Fact,” the tract was created in 1972 through the subdivision process. A 1972 aerial photo shows that there were no dwellings on the property. However, a 2-bedroom, single-family home was in existence on the property in 1973.
Ravalli County began permitting septic systems in 1972 and RCEH found that there are no permits on file at the department for the property for the 1973 development. A septic system for a dwelling was installed by 1973, but the owner cannot show a copy of a permit issued for the property.
In 2007, a mobile home was removed from the property and the owner was given a deadline by the county Planning Department to replace the dwelling, based on Floodplain Regulations at the time. The owner did not replace the dwelling per the deadline set by the Planning Department and a replacement dwelling was denied.
Without approval from the Planning Department, RCEH could not issue a replacement septic system permit. A site evaluation was done in 2007 for a replacement permit as part of the Planning Department’s process, but a permit was not issued from this site evaluation.
RCEH concluded, based on Ravalli County regulations, the system that was serving the mobile home on the property was not installed prior to January 1, 1972, and it was not installed with a valid permit when it was installed after January 1, 1972. As a result, the septic system on site does not meet the definition of an “existing system.”
The rules also state that if the applicant is unable to provide sufficient evidence for the Department to determine that the existing system was installed before January 1, 1972, or if sufficient evidence indicates that the existing system was installed on or after January 1, 1972 and no permit was issued for installation, the owner of the existing system must obtain a new installation permit or the system must be abandoned. A new installation permit for an unpermitted existing system will either allow the system’s continued use; allow the system’s continued use provided that specified modifications or upgrading are completed; or require a new wastewater system to be installed. If the Department’s evidence indicates that the system was installed without a permit for the purpose of avoiding Ravalli County’s rules and regulations, the Board of Health will determine whether the existing system may be used.
RCEH concluded in 2007 that the owner of the property had the ability to obtain an installation permit for a replacement system for an existing dwelling. A site evaluation was conducted as part of the permitting process but the ensuing non-compliance with the Planning Department’s requirements resulted in the non-issuance of an installation permit. At the time, the system could have been evaluated under Section 5.1(A), when it was serving a dwelling, for a new installation permit.
The Board of Health, however, in reversing the RCEH decision, made its own “Findings of Fact.” These included finding that “Record keeping and RCEH permit issuance was irregular after 1972.” And that “the property owner did make attempts to comply with regulations and timelines.” It also found that “None of the houses within this subdivision have septic permits.”
The Board also found that “the property owner is proposing the installation of an engineered elevated sand mound system” and that “there was an onsite evaluation completed by RCEH in 2007 which would have allowed for a replacement system permit to be issued, if the process had been completed.”
On the basis of these facts the Board of Health concluded that the permit should be issued but placed a condition of approval setting a two-year deadline for the installation of the replacement septic system. The deadline is set to expire on February 10, 2018.
Commissioner Jeff Burrows, who sits on the Board of Health, said, “The landowner’s permit expired and the property doesn’t qualify for a permit now, so she asked for a waiver.” He said they were asking for a three-bedroom permit and that the two-bedroom permit being issued was “a good compromise.” Burrows said the property owner had “misunderstood the process” and possibly been given “misinformation by the county.” He said the law was shifting at the time and that it was confusing.
However, there is no variance or waiver request from the property owner on file. Instead, the property owner appealed the RCEH decision to the Board of Health where it was reversed.