BENTONVILLE -- Benton County justices of the peace said Monday potential buyers should bear the burden of checking for failing septic systems.
The county's Legislative Committee voted unanimously to reject a proposed ordinance requiring the inspection of septic systems when property is sold or transferred.
"I truly believe in the buyer beware," Pat Adams, justice of the peace for District 6, said during the discussion. "I don't want to do the Realtor's job and I don't want to put the burden on our planning staff."
The ordinance was sent back to the Legislative Committee by the Quorum Court's Committee of the Whole after justices of the peace asked for specific details on the definition of failing systems and the inspection process contemplated by the ordinance. Brent Meyers of District 14 said he doesn't see it as a county government issue and said he's opposed to any additional regulation. Meyers made the motion the ordinance be rejected and discussion ended.
Susan Anglin, justice of the peace for District 9, said the ordinance didn't do what she thought it needed to do to ensure failing system were repaired.
"You're going to catch them, but you're not going to fix them" Anglin said.
The proposal was developed by members of the county's Land Use Committee that recently revised planning and development regulations. James Gately and Larry Kelly, members of the committee, headed the presentations made to the planners and justices of the peace.
The men said the need to identify and ensure function of septic systems was clear to the committee during the earlier process but members agreed it needed to be addressed separately. Gately said the goal is to protect the residents' health and safety. He said many property owners don't maintain septic systems or fail to maintain them properly, causing problems when the wastewater escapes into the porous karst limestone formations under much of Benton County. He presented information on a gasoline leak and other incidents where water wells off site were contaminated.
Gately has presented photos showing examples of failed septic systems and information on how leaks can affect wells and even larger bodies of water. He has also offered photos of algae blooms in Table Rock Lake and Grand Lake of the Cherokees caused by high phosphorus levels and spoke of the need to protect Beaver Lake, an important part of the local tourism economy and the source of drinking water for much of Northwest Arkansas.
Kelly said he has dealt with properties with failing septic systems and the problem is widespread. State law didn't require permits for septic systems until 1977 and parcels more than 10 acres were exempt until 1999.
The committee also voted to send a proposal to establish voter centers for county elections on for discussion at tonight's Committee of the Whole meeting. Russ Anzalone, election commission chairman, told the justices of the peace the proposal will allow the county to operate 46 vote centers on election day. Voters will be able to cast their ballots in any vote center, rather than being limited to voting at their own polling place as has been the practice in the past. Anzalone said vote centers will work in a similar fashion as the county's early voting. Michelle Chiocco, justice of the peace for District 10, voted against the plan, saying she wanted to keep paper ballots available on election day and the vote centers will use electronic voting machines only.
NW News on 11/10/2015