The Carroll County Board of Supervisors passed five ordinances related to the county’s Public Service Authority (PSA) on July 14, but two controversial ordinances were tabled after public hearings drew criticism.

A proposed ordinance to require central water systems for subdivisions containing 15 or more lots drew public comment from several citizens, including attorney Tim Tolbert, who represents many developers and realtors in the area. The ordinance was tabled and supervisors said it would be considered when the board takes up revisions to its subdivision ordinance.

The other proposed ordinance that drew concerned comments would declare Carroll County as the exclusive service area of the PSA and would provide mandatory connection to water and sewer facilities of the PSA.

This proposed ordinance was also tabled for the time being.

The proposed ordinance requiring central water systems for subdivisions containing 15 or more lots also includes language that would require a 100 percent reserve area of any septic system being constructed in a subdivision.

County Attorney Jim Cornwell explained that the PSA had had issues with individual’s wells going dry throughout the county in which money had to be spent to extend water lines and sewer systems.

“This would shift some of that burden to the developer to create a central water system for any development of 15 or more lots,” Cornwell said.

There is no magic in the number 15, he said, it just happens to be the number that the Virginia State Health Department requires.

The ordinance would also require developers that plan on having onsite septic tanks or sewage facilities to have a 100 percent reserve area for the septic system.

“With the construction of a septic system, you have a tank and a drain field. If there is not sufficient room on that lot to construct a second drain field, if that system fails, there is nowhere for the property owner to go,” Cornwell said. “This would make sure there was sufficient room available on the lot to construct a second drain field to replace a failing system so that septic facilities would be guaranteed for the property owner.”

During the public hearing, Tolbert said the issues raised in the ordinance are good issues. But based on the advertising for the public hearings, he didn’t feel like there had been enough dissemination of the information for those affected to digest the content and to speak.

“Changes of this type are 180 degree turns from anything this county has ever done before, “ Tolbert said. “The existing subdivision ordinance – and there are proposed changes I know the board will be considering later on – contains these very same provisions. It is simply my position that all these issues should be handled together, because obviously they are all related.”

Tolbert also challenged Cornwell’s statement about situations where the county has extended water service to subdivisions that have had inadequate service where wells have run dry. Tolbert said he also understood the proposed subdivision ordinance would have a one-acre requirement for lots.

“If that were the case, there may not be the need to have a 100 percent reserve. On the smaller lots, I think under the subdivision ordinance it is three-quarters of an acre now. There may not be sufficient room in that respect to get these septic systems on the properties, but there are other ways of approaching that issue. All I am simply asking the board today is to table this particular issue and allow it to be considered as part of the overall ordinance.”

Ron Doerschug, Vice President of the Skyland Lakes Homeowners Association, wondered if Skyland Lakes is considered a subdivision, and if it would be required to put in new systems. All pre-existing lots and subdivisions will not be affected by this ordinance, county officials said.

Brian Sutphin felt the central water and 100 percent reserve area should be dealt with at the same time as the proposed subdivision ordinance. He said the state already has regulations that govern drain fields in Virginia.

“They state in clay soil that you must have a 50 percent reserve area on a drain field. And relatively 10 percent of Carroll County soils are clay, the other 90 percent are not,” Sutphin said. “So if you make it a 100 percent reserve throughout the whole county, really you are punishing 90 percent of the county as far as lot size goes versus the 10 percent that may actually need it.”

He said an average septic system will last 25 or 30 years. With ever-improving technologies, he didn’t figure such a large reserve area would be needed in 25 years if a septic system failed.

“I have been told that less than 2 percent of systems fail in Carroll County. I don’t really know where going above and beyond what the state already regulates, where that is coming from as far as Carroll County is concerned,” he said. “ I think these issues would be better handled during the public hearings for the subdivision ordinance.”

As far as the 15-lot number, Doug Phillips said the county needed to clarify what lot size would be. Some lots are large lots, he said, where it probably wouldn’t be feasible to do a water system with long lines to service individual lots.

“They would be more compatible to wells and on your septic when you go to doing the 100 percent reserve area,” Phillip said. “If you are doing a large lot, you probably won’t have a place to put that second one.”

Paul Burnette said he used to run his own business installing septic systems. Newer technologies such as chamber systems would probably take away the need for the 100 percent reserve area, he said.

“When you are saying 100 percent, that is saying double the size of what is adequately now taking care of the systems,” Burnette said. “How many septic systems have we had that failed? I’m sure there are probably some, but with the systems we have right now, we have some of the best soil in Carroll County that I have seen for putting in septic systems.”

Burnette said some facts were needed as to why the 100 percent reserve would be needed.

Supervisor David Hutchins made a motion to table the ordinance indefinitely. Chairman Sam Dickson said the board would be having a joint public hearing with the planning commission on the proposed subdivision ordinance, which would allow citizens plenty of time to air their concerns.

“We are not in any haste to pass this thing. We want something up there, but we want to make sure everybody understands it and everybody gets a chance (to speak),” Dickson said. “ I have already talked to several people and there are some serious concerns with it. We are not trying to sneak anything by.”

Supervisor Manus McMillian seconded Hutchins’ motion to table the ordinance, which passed by a 5-1 vote. Supervisor Wes Hurst cast the lone no vote. The board later voted to hold a joint public hearing with the planning commission on August 21 at 7 p.m.

Mandatory connections

Cornwell said the proposed ordinance declaring Carroll County as exclusive service area of the PSA and providing mandatory connection to water and sewer facilities of the PSA would serve two purposes.

The first part of the ordinance would declare the PSA as the exclusive servicer of water and sewer services in the county and it would prohibit other entities from providing those services within the county without the expressed written permission of the PSA. It would allow the authority to regulate and control public systems and make sure other private systems are constructed in accordance with the rules and regulations adopted by the PSA and the Virginia Department of Health.

“The second thing that this ordinance would do would authorize the PSA for every system hereafter, not current, that the PSA may require mandatory connection to that system,” he said.

Because of funding issues, Cornwell said the PSA has in the past been asked to adopt mandatory connection policies for certain systems. He said the ordinance would give the PSA the right, if it deemed necessary primarily because of financial concerns, to impose a mandatory requirement to connect to new systems being constructed and acquired. The ordinance would not affect any current systems or private systems, he said.

Citizen Carroll Hill said he hoped the board would think about the citizens of the county before adopting the ordinance. He felt imposing an extra water or sewer bill to retired citizens on fixed incomes would be more than many citizens of the county could afford.

Cornwell then read a letter from the Town of Hillsville, signed by Town Manager Larry South, regarding the proposed ordinance.

“As advised by our attorney, I am providing you maps of the town’s existing water and sewer service areas as well as a proposed extension of the existing areas to serve south of Hillsville along Route 52,” South wrote. “As a result of the planned construction of the new water storage tank, the town will be able to furnish water service to additional homes on Route 52 that currently do not have such service. The town respectfully requests that the water and sewer service areas outside of town be excluded from this proposal establishing an exclusive service territory for the county PSA so both existing and planned service can continue without delay.”

Additionally, Cornwell said he also talked to the Carter Glass, the town’s attorney on the matter, and told him the purpose of the ordinance was to give the PSA the authority to have exclusive service areas for areas outside the town. Cornwell said he told him he was sure the PSA would honor any agreements previously made to maintain service.

Citizen Guy Clark said he moved to Lambsburg about a month ago from the Tidewater area because it was a place where he could get clear water from a spring. Even though many people had their own wells, he said Chesapeake and Virginia Beach required everybody to hook up to their systems many years ago. He warned Carroll officials of what happened there over time.

“Because they had this water system, it allowed them to theoretically overbuild. They built a whole lot of places they shouldn’t have,” Clark said. “They have sucked up the water, they don’t have a good water source now, and in Chesapeake, the water is so salty because of the place they have been taking it out of the river, you can’t drink it and it kills your plants if you try to water them. So be very, very careful what power you give to a system like this.”

Mandatory connections take away people’s freedom and also stress the system, he said.

“If you end up with a system that for now gives you enough water but somewhere down the road stops giving you enough water, what are your citizens going to do then? You have killed yourself,” Clark said. “So be very careful what power you give to another authority. It can come back to haunt you really bad.”

The board then decided to unanimously table the ordinance for the time being.

Other ordinances

The first ordinance passed by the county was a revision of the county’s floodplain ordinance which was originally adopted in 1983. Cornwell said updating the ordinance would allow the county’s citizens to still be able to obtain insurance policies from the national floodplain insurance program. The ordinance passed unanimously.

The board also passed an ordinance prohibiting the unauthorized tampering, use or connections to public water and sewer service.

“Obviously the PSA can adopt the rules and regulations that prohibit this, but it doesn’t have the ability to make someone digging into public waters line or sewer lines to make them a criminal offense,” Cornwell said. “That is what this ordinance will do. It makes it a crime for any unauthorized person to uncover, make any connections with or opening into, use, alter or disturb any public water line or sewer line without first obtaining a written permit from the PSA.”

The ordinance passed unanimously.

The board also unanimously passed an ordinance that would allow the PSA to declare limitations on the use of county water during times of emergency such as water shortages or threats to public health due to drought pollution or other environmental hazards. The ordinance does not affect private individual systems, Cornwell said.

Another ordinance unanimously passed by the board prohibits the discharge or dumping of sewage without a permit from the health department.

“It really does two things. It prevents someone from taking up a sewer line from their house and emptying it into the ground or emptying into a stream, and it also prohibits someone from pumping out a septic system or privy system and dumping it into the PSA’s system without a permit from the PSA,” Cornwell said.

McMillian wanted to know if the ordinance would make it illegal for motorhome or privy owners from cleaning out their systems. Cornwell said they would have to get a permit from the PSA.

“You have a couple of problems. One, you never know what is in that thing you are going to dump into the line. Also, we charge our sewer based upon our water. You are increasing the volume of the sewer, so the PSA may want to consider that, too,” Cornwell said. “There are places that take that waste. As far as putting it into PSA’s system, you would have to call the PSA office.”

The final ordinance passed by the board has to do with the control and prevention of cross-connections with backflow into public water.

In a public water system, Cornwell said there is always the possibility that water could siphon backwards into the system from a contaminated source.

“If you have a swimming pool and you fill your water hose into it, under certain circumstances the water from the swimming pool can be sucked back into the public system,” he said. “So for that reason, the state department of health requires us to have a program for the control of cross-connections and backflows into the public water supply.”

The county’s previous ordinance on this topic was adopted in 1977 and no longer conforms with health department regulations. To enforce the new ordinance, Cornwell said the PSA would send letters to people connected to the PSA system asking about the possibility of connection

problems and issues related to backflow. Based on the returned answers, the PSA director may make recommendations or requirements for those citizens to adopt certain kinds of backflow devices.

“Again, this program and this ordinance is basically required by the State of Virginia Department of Health,” he said. “We don’t have a lot of leeway here.”