Round two for zoning

By LARRY KLINE - Independent Record - 05/14/08

George Lane IR staff photographer - County Commissioner Mike Murray reads through paperwork concerning an upcoming subdivision while Chairman Ed Tinsley, center, conducts the meeting. At the far end is Commissioner Andy Hunthausen.
Lewis and Clark County commissioners, bucking overwhelming opposition voiced at a meeting last week, on Tuesday approved a yearlong extension of the county’s controversial and litigated interim zoning regulations.

Commissioners said an eightfold increase in nitrate levels in Helena Valley wells in the past quarter-century, coupled with the 2006 discovery of trace amounts of pharmaceuticals and personal-care products in about 30 wells, prompted their decision to extend the zoning regulations.

The rules, initially approved a year ago, require landowners installing or replacing septic systems on lots smaller than five acres to use a Level II system, which can cost between $13,000 and $18,000, including installation costs.

Those systems remove at least 60 percent of nitrates from wastewater before it flows into the drain field, where soils continue to filter the effluent.

But commissioners said they’ll consider amending the rules once officials bring forward proposals to drop the requirement for expensive Level II septic systems in favor of Level I-b systems, which cost between $7,000 and $8,000, and to create a grandfathering clause for some existing homeowners who have standard septic systems.

County Administrator Ron Alles said he will review drafts of those proposals Wednesday and get them to the commission as quickly as possible.

In a public hearing last week, real-estate agents, engineers, attorneys and residents told commissioners they didn’t believe the Helena Valley faces a groundwater-quality crisis.

Several brought in well-test results that showed nitrate levels well below the U.S. Environmental Protection Agency’s public-water standard of 10 parts per million, which doesn’t apply to private wells.

Some said zoning rules aren’t the appropriate way to regulate septic systems. Most of the speakers asked commissioners to allow the interim zoning rules to expire.

Commissioner Andy Hunthausen today said data shows there is a water-quality issue in the valley, and said it’s the commission’s responsibility to act.

“No one can tell me that we should not be concerned about our water in the valley,” he said. “No one can tell me that. We have to be concerned. As a leader in this community, to make a responsible decision about where we go in the future, I have to look through a … long-term lens. There are going to be people here long after you’re gone and long after I’m gone. We have to act on this stuff.”

While the valley’s average nitrate level of 4 ppm doesn’t exceed the EPA’s standard for public water systems, it — and the projections that the county’s population will grow by 50 percent by 2030 — is significant enough to cause concern, he said.

“I don’t think that it’s necessarily all perfect and all rosy. I know there are impacts on people’s lives,” Hunthausen added, referring to the more than 30 homeowners who’ve had to install Level II systems, at a cost between $13,000 and $18,000, in the past year.

Hunthausen said in the future he would support applying the rules only to areas that are more susceptible to groundwater contamination. The county is finalizing a study that shows which areas of the valley are more likely to be impacted by contamination.

Commissioner Mike Murray echoed Hunthausen’s comments and asked landowners to bring their well test results to the county’s Environmental Health Division. The data would be included in the county’s ongoing study and could help officials refine zoning regulations in the future. Private well tests cannot be viewed by the county without the landowner’s permission.

“I’m asking you to help us,” he said. “You have the information.”

Commission Chair Ed Tinsley said he was proud of commissioners and officials for having the courage to face the controversial issue head-on.

“Our goal is simple,” he said. “We’re trying to protect the future of this valley, of this county.

“What this valley looks like 30 years from now depends on what we do today,” Tinsley said.

His opponent in this year’s county commission race, Derek Brown, said commissioners have painted themselves into a corner.

“To me, their action (Tuesday) was predictable,” Brown said. “I think they made a mistake to begin with and now they can’t get out of it.”

He said commissioners never had the scientific basis to create the zoning rules and said the water-quality crisis doesn’t exist.

Brown believes sanitarians should decide what type of septic system is required at a specific location based on conditions on the ground.

“There’s no blanket, one-size-fits-all for any of these things,” he said.

Reporter Larry Kline: 447-4075 or larry.kline@helenair.com

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Reader Comments:

purple wrote on May 16, 2008 9:34 AM:

" I would be interesting in seeing how a general contractor sitting on the county commission votes on housing develops.

Does he recuse himself to avoid the possibility of "conflict of interest" because he stands to gain financially from any vote he casts --or-- is he just another run of the mill dishonest and dishonorable politician?
"

montanadude wrote on May 15, 2008 10:51 AM:

" Kudos to the commissioners for standing up to deveopers gone mad with greed. It's certainly nice to see such a wise move from our elected officials in acting now to prevent a serious threat to our health rather than waiting for the problem to become so bad because of shortsighted developers who are more interested in the lining of thier pocketbbooks. As for Derek Brown as a commisioner? That's a little like giving the prisoner the keys to the jail. I'm sure he and others in his profession will enjoy expanding the valley with little concern for the health of the county citizens and environment -- then we all get to enjoy poop in our water. Been there, done that, and let us not forget. "

open-minded wrote on May 14, 2008 9:42 PM:

" It would have been most wise to let the interim zoning expire. Derek Brown is "right on" with his comments.
The commissioners are acting against the advice of the experts. Zoning should not be used to control sanitation issues that the DEQ already addresses. The commissioners are over reaching their responsibilities abilities and knowledge on this one. I will be supporting Derek Brown for commissioner. "

enu22 wrote on May 14, 2008 3:49 PM:

" I know little about urban planning. Has the county considered a valley-wide sewer plan other than sticking it to L&C homeowners? Why not team up with the city of Helena to extend their sewer system as the valley develops? Why doesn't the county establish a fully developed sewer system of it own? The current issue won't get better or easier with time. "

Steelrider wrote on May 14, 2008 11:36 AM:

" Hooray for the commissioners!!! They so far have stood up to the special interests that would profit from polluting Helena's groundwater and I'm proud of them.
As for Derek Brown, just Google "Derek Brown Helena" and you will see why he has taken the position he has.
We need to keep him out of public office. "

wooleybugger wrote on May 14, 2008 8:41 AM:

" For Commissioner Hunthausen to say that no on can tell him not to be concerned about water quality in the Helena valley is flabbergasting to me. Local professional engineers have stood up and told him there is no problem, the DNRC, who are staffed with professionals, has stated in their report that there is no problem in a large portion of the emergency zoning area, most all of the sampling data in the valley tell him that there is not even close to a water quality concern, and even the groundwater vulnerability report the county showed last Tuesday indicates that only a minute portion (<10%) of the emergency zoning area is even somewhat vulnerable to having problems. I believe that these facts clearly show that Mr. Hunthausen considers himself more of an expert in the area of water quality than these professionals who have spoken and written the reports as he will not listen to anyone but himself, the other two commissioners, and the county staff, who, by far, are not professionals in the area of environmental quality. It was my, I guess, false assumption that the county government was supposed to listen to the people they serve, not for them to order their constituents what to do and how to live based off of severely faulty logic. They should be listening to the local professionals in the Helena area instead of snubbing them every chance they get. With all due respect, the county is far from qualified to be making decisions regarding protection from environmental hazards. This is the job of the much higher qualified and organized Department of Environmental Quality, which goes through very thorough procedures to protect the water quality within safe drinking limits. Mr. Huntausen is right, we should be concerned, although not about water quality, but about the commissioners obsession of putting their own agenda ahead of the citizens concerns. He is right; we do need to act fast, although not in trying to eliminate every nanogram of contamination from the groundwater, but instead, voting for a commission that will listen to the people that actually live in the Helena Valley! "

skosena wrote on May 14, 2008 8:23 AM:

" I urge all Helena valley residents to voice their concern regarding this rouge group and vote in the upcoming election. Remember what we learned in our basic civics class? "no taxation without representation"....this group is not representing the people who elected them but are going forward with their own agenda and the people who are the ones that are left paying the "tax" in the form of expensive and probably unnecessary upgrades to their septic systems. Lets use our votes as our voice! "

purple wrote on May 14, 2008 5:11 AM:

" Say what! The new standards were not grandfathered.

If the county commisars are going to do that then the county should pickup 50 to 75 percent of the cost for property owners they are forcing to spend huge amounts to upgrade their septic systems.

Who says the theme for the movies series STAR WARS doesn't apply - county residents are the rebels and the county is the empire.
"


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