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Health officer proposes three-year septic inspection rule for shoreland overlay
Summary
Health Officer Timothy Bray presented draft health-regulation language to require septic systems in the shoreland overlay to be pumped and inspected every three years with a one-year phase-in and a town-maintained database; the Selectboard will review the draft and send it to the town attorney for review.
Timothy Bray, Springfield’s zoning coordinator and health officer, presented draft language on Aug. 26 to amend the town’s health regulations to address shoreland protection.
Under the draft, septic systems within the shoreland overlay district would be pumped and inspected at least once every three years, consistent with the State’s recommended standard, and the Health Officer would keep a database of pumping schedules. Bray said the rule is intended to apply to lakes and ponds in the shoreland overlay rather than as a town-wide regulation and that the proposal responds to the 4-Town Water Initiative; he included examples from Sunapee and Newbury as models.
Bray described a one-year phase-in period to give property owners time to comply and noted enforcement mechanisms and fines already exist in current ordinances. "This is not an ordinance and it doesn’t require a public hearing, it requires the Selectboard," Bray told the Board, describing the Health Officer’s authority to draft regulations under state statute.
Selectman Poul Heilmann and others asked about enforcement and cost. Keith Cutting said he supports water-quality goals but asked to see the administrative cost estimate if the regulation moves forward. Bray acknowledged administrative work and education will be required. Kara Zaleskas asked whether the town could place liens for noncompliance; Selectman Steve Dzubak clarified the Board does not have the legal ability to unilaterally place a lien on a property for an ordinance violation and that tax deeding and liens are separate legal processes.
The Board will review Bray’s draft with the addition of McDaniels Marsh and send the proposed language to Attorney Johnston for legal review before further discussion at a subsequent meeting.
