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Assembly repeals obsolete borough water-pollution section after debate over septic regulation and enforcement
Summary
The assembly voted to repeal an unused section of borough code that duplicated state septic regulation, prompting debate about local enforcement gaps, detached fourplexes and whether the borough should modernize its water-quality rules before repealing the old code.
The Matanuska-Susitna Borough Assembly on July 21 adopted Ordinance 26-030, repealing an out-of-date section of borough code governing certain shoreland and septic provisions. Planning staff said the section had not been administered since it was adopted and now duplicates state Department of Environmental Conservation (DEC) authority.
Alex Straub (planning) said the borough's code once matched state rules but now is stale and lacks an enforcement program, trained staff and inspection capacity. "We have no program for regulation of water quality," he said, arguing that keeping an unenforced, out-of-date code creates problems for applicants and for staff.
Opponents warned repeal would remove a local fallback if the state reduced its rules or enforcement, and raised concerns about detached fourplexes that allow multiple on-site septic systems on small lots. Members questioned whether repealing the code without a modern replacement would create enforcement gaps. Planner and assembly supporters argued that DEC currently has primacy and enforcement capacity and that the borough should only adopt a contemporary, funded water-quality program if it chose to take on primacy later.
After extensive discussion — including several requests that borough staff consider follow-up amendments or a rewrite of a modern local program — the assembly voted to repeal the old section and directed staff to consider a future ordinance to modernize local code if desired.
What happens next: Staff and planning directors said they could draft updated language to take up separately if the assembly wanted to stand up a borough-run water quality program, which would require staffing and dedicated resources.
