Oklahoma Certified Installers Association

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OCIA NEWSLETTER - JULY 2009

Maintenance

      There is a lot for us to worry about in this day and time.  With all the attention being given to the economy, budget cuts, cost increases of building materials, gasoline, and perhaps the lack of gasoline in the near future, we may have lost sight of onsite maintenance.  Currently onsite maintenance is an afterthought; however, in Oklahoma that was not always the case.  Oklahoma at one time had some of better maintenance regulations in the US - “mandatory maintenance for the life of the system”.  This regulation was in place for several years and replaced with a sampling only approach to maintenance, and we all know the pitfalls of that.  Not only is our maintenance policy poorly constructed, but also we have NO homeowner education policy.  The US Environmental Protection Agency wants system owners to be aware of the existing and possible pollution problems that poorly maintained onsite systems can and do cause.  In fact, pollution caused by onsite systems ranks among the top three pollution sources in the U.S.  One would think that something of this magnitude would merit more attention from our Environmental agency.   However, there is indeed a fix for a large portion of our maintenance problems - centralized sewer systems for everyone.  While it is indeed a fix we all know that it’s cost prohibitive, so we are stuck with making maintenance a top priority rather that an afterthought.

     With that said we all know that onsite is here to stay.  Rural areas will always be desirable for residential development and will likely continue to rely on onsite systems for their sewage treatment needs.  But something you probably did not know is that the septic tank was invented in 1868 and is still used today virtually unchanged except for the material used and sizing.  Though the technologies associated with septic tanks have changed dramatically, unfortunately Oklahoma’s strategies and practices regarding maintenance have not changed.

     It is important to note that the onsite system or septic system when properly designed, installed and MAINTAINED may treat sewage better than a centralized system because of the detention time.  Though proper design is critical it is in many cases difficult to achieve and when it is achieved it must be properly maintained are all is lost.

     Homeowner education could indeed be the most important aspects of any states’ onsite program.  The education of homeowners must be addressed on every level.  Currently in Oklahoma, homeowner education is nonexistent and we are suffering from it.  There are indeed countless documents in the DEQ archives, some of which are very good.  However, gathering dust on shelves will not get the job done.  Other approaches to homeowners’ education would be at the public school level, in other words, educating our children.   After all, they are the ones who will have to live with the mess the adults have made of the environment.  This is a simple task:  merely provide appropriate educational coloring books and handouts to the children and the parents will get the message.

      I have just provided you with information/facts that you are probably already aware of and possible have fixes for them.  We are well aware of the fact that there are many approaches to correcting these issues and we would indeed appreciate any ideas you may have on them.  If you are an OCIA member, homeowner, or anyone in the onsite industry with ideas on correcting these issues, please contact me and I will see that DEQ receives them.

     Environmental agencies are indeed a must if we are to keep what environmental resources we have intact.  Likewise, environmental agencies that continue to turn deaf ears to critical issues are not what we need to maintain what we have, or reclaim what has been lost.  Oklahoma’s DEQ is charged with protecting our states’ environment and this includes the onsite issues.  We can no longer afford the bureaucratical hot air regarding onsite maintenance and homeowner education.  It’s time to cut bait or fish.   And if we hope to continue to fish, something needs to be done while we still have a place to fish. 

Bill Warden

Executive Director   

When the Customer Says, “Hey, I’ll fix that after you’re gone”

After you’ve begun an installation, you discover that a water line is too close to your system.  You tell the owner/builder/developer that the water line must be moved:  15’ from perforated pipe or spray heads, 10’ from non-sched.40 solid pipe, and 5’ from the tank.

The ODEQ’s preferred method for you to handle this situation is to pull off the job until the water line is moved.  While this is sound advice, it may not always be realistic.  Besides ruining your schedule, that means moving your equipment twice, and possibly losing the job and what you’ve got in it so far.

Suppose the owner/builder/developer says he’s in a bind and promises to get his plumber out to move that pipe next week?  You’ve worked with him before and know he is good and honest, a man of his word.  So you agree to finish today.  Fine, now how do you fill-out your final inspection report?  That’s a problem, and if you’re not careful that little piece of paper could bite you and your business.

You could claim the system is unfinished, which is true.  That means you don’t turn in a final inspection, and the system is not approved to be used.  Of course, that still means making another trip to complete or cover the system after the water line is moved.  This is probably the safest alternative, provided you’ve called or faxed your local ODEQ representative and advised them of the situation;  and you can wait to get paid.

Suppose you completed or covered the system and must now turn-in a finished inspection report, how do you fill out the “separation distances” section?  Well, first of all, do not simply write-in what the separation distances would be after the water line is (hopefully) moved next week.  Why not, it seems okay?  That could be viewed as filing a false or even fraudulent instrument with the government because the separation distances are wrong when the form is filed. 

At the very least, leave the affected distances blank and write in all the facts as you know them, using the remarks section and the sketch area (perhaps show the present and proposed water line), so that the ODEQ will be aware that the separation distances have not yet been met (and do this on your first submittal).  If you have a good working relationship with your local ODEQ rep., call them and discuss.  Doing this will surely get you a Compliance Report, because the system really doesn’t comply and isn’t ready for use, but this will at least protect you from a much more serious claim.

 OCIA legal Assistance Program 
We have added another advantage/service provided to you as an OCIA members.  To go along with the excellent training, education, hands on information and the newest products from the onsite industry we will provide legal assistance to OCIA members in select enforcement cases.

After many meetings and much conversation, your OCIA Board decided that another advantage of being an OCIA member would be legal assistance in unfair cases.  As of June, 2009 OCIA will provide legal assistance to members who have received unfair or excessive fines from DEQ.  With that said, please be aware that we are not providing legal assistance to members merely to get them out of a righteous fine levied by DEQ.  However, we are very interested in the unfair treatment of our members. We now have a screening committee (Shane Biggs, Allen Hausner, and Bill Warden ) who will review your case and make a decision on the merits of the case before submitting it to our Attorney.  If the committee approves your case for representation, we will provide legal counsel to assist you in telling your story told, although you will be responsible for any penalties.

In order to receive legal assistance, promptly submit the following.  All paperwork pertaining to the fine including authorization form, soil test form, final inspection form all paperwork from DEQ , regarding the fine, and a scenario of what has taken place.  If you have pictures, this would be great.  After gathering all the information available regarding your fine and the system installed, mail a copy to PO Box 1923 Sapulpa, OK 74067.  If you need to contact us by phone for information that number is 918 798-4407.  The committee will then let you know whether your case is approved for our legal assistance.  Meanwhile, do not miss any deadlines imposed by DEQ  

  FYI,  The following letter was published in the Daily Oklahoman May 20, 2009

We have a lot to worry about these days, with all the attention on the economy, foreign oil, budget cuts and dire predictions about the future.  Still, I must write about something that many of us take for granted.  Something which, if not managed properly, will cause untold harm to our neighbors and to our land.  Something where, if you will pardon the cliché, an ounce of prevention is more valuable than a pound of cure because you really can’t put a value on good neighbors and clean water.

 My concern is about neglected maintenance of our private sewage systems.  Those of us in rural areas must rely on private or “on-site” sewage systems instead of municipal public sewage treatment works.  If properly installed and maintained, on-site systems are very effective and cost-efficient.  Septic tank systems are installed in good soil, and should be pumped every three or four years.  Where the land is small or not suited for subsurface septic systems, then aerobic systems are often installed.  Aerobic systems need more maintenance because they are mechanical devices.  They require continuing maintenance and repair to avoid odors and health hazards from applying improperly treated sewage onto the ground. The EPA has ranked improper on-site sewage treatment as among the top three sources of pollution in America.  But the EPA does not require on-site maintenance.  And so we must all be responsible to protect our families and our neighbors and our land.  For more information about on-site maintenance:   www.deq.state.ok.us/eclsnew/septic.htm Bill Warden

Executive Director

Oklahoma Certified Installers Association

P.O. Box 1923

Sapulpa, OK  74067

  DEQ FEE INCREASES
As you know the last 641 rule changes also included DEQ’s increased fees.  Here are the increases which will occur on a progressive scale starting July 1, 2009 through July1 2012.  We need to keep these increases in mind when bidding on jobs after July 1,2009