Committee approves resolution urging state review of three-year septic maintenance requirement; debate continues over sale of maintenance lists

Washington County committee members on Thursday approved an amended resolution asking the state to review the statewide three-year maintenance requirement for on-site sewage systems and debated whether the county should continue selling monthly maintenance and new-permit lists to private vendors.

The discussion grew from a staff briefing explaining county responsibilities under state statute to track and enforce maintenance of systems (holding tanks, mounds, septic systems, ATUs) across more than 21,000 systems in the county. Staff described the county's current enforcement sequence: a 30-day pumping/inspection notice, a follow-up notice, and a third step that can entail citations for noncompliance. Staff also described two commercial lists the department sells: a monthly maintenance list priced at $100 per year and a new-permit list priced at $35; a combined subscription therefore costs $135 annually.

Staff told the committee roughly 10 private pumpers and maintainers purchase the lists. Some large companies said the lists help them contact customers; smaller firms said the lists favor larger businesses that can mass-mail reminders. Concerns were also raised about residents receiving multiple mailed notices from pumping companies. Staff explained the county is not required to generate the customized monthly report for purchase but does so as a service; under state open records law, the county would provide quarterly records it already produces but is not required to create the monthly, customized file on demand. The county attorney's guidance (summarized in staff remarks) said time-and-materials charges for creating records are permitted; staff estimated the open-records option would likely cost under $10 per request because it would involve a brief retrieval time and electronic delivery.

Supervisor Krebs circulated an amended version of an earlier resolution asking the state to "put eyes back on their requirements as a whole" for maintenance requirements and to review the three-year maintenance interval; supervisors said the amended text clarified the committee's intent and removed language that some found ambiguous. The committee then moved and approved the resolution by voice vote: motion by Maggie Pridemore (second recorded but not named in the transcript), and the vote was recorded as aye with no opposition noted.

Staff also asked the committee to consider whether the county should limit access to the commercial lists to licensed pumpers/maintainers only; that point drew comments from supervisors who said the lists are public records in principle and that the county had made the lists available to various buyers since 2016. The committee did not adopt a policy change during the meeting; the matter was discussed as part of ongoing review and will feed into budget and policy conversations in the coming weeks.

Clarifying details available in the meeting record: the county estimated it oversees more than 21,000 systems; the maintenance-list subscription is $100 per year; the new-permit list costs $35; about 10 companies purchase the lists; the county's enforcement uses a standard 30-day postcard, then a second notice and potential citation step for noncompliance; the county indicated it would be able to provide quarterly reports under open-records requests at low cost (staff estimated under $10 per request for retrieval and electronic delivery).

Why it matters: The resolution does not change county enforcement rules but asks the state to review the three-year maintenance requirement; the sale of maintenance lists touches small-business competition, consumer contacts and transparency under open-records law. Any change by the state would alter local compliance and enforcement duties.

Sources: Land use manager staff presentation; correspondence from local pumping companies included in the committee packet; supervisors' remarks and the recorded committee motion and voice vote.