Many questions on a controversial Barry Eaton District Health Department regulation, some obvious and more likely unforeseen, will not become clearer for at least another month
The Eaton County Board of Commissioners discussed rescinding the combined health department’s 10-year-old TOST regulation, but put off a decision until the Sept. 20 meeting.
A resolution asking to drop the regulation was brought to the commission by its Health and Human Services Committee, chaired by Commissioner Barbara Rogers.
“I do believe we have the votes to pass it then,” Rogers said Thursday.
Citing budget reductions in all Eaton County departments, and noting, “that this is only the beginning of such reductions,” the resolution made a “strong recommendation” to immediately cease participation in TOST to reduce the costs of staff and administration.
The vote was delayed for minor legal technicalities which will be corrected by the Sept. 5 Health and Hunan Services Committee meeting, Rogers said.
“We will then send it to the full board for approval. It will definitely be on the Sept. 20 agenda…we want to be sure we dot all the i’s and cross all the t’s. I’m comfortable that we have the support to pass it,” she said.
County Controller John Fuentes is out of town at a seminar and Commissioner Blake Mulder, commission chair, was not immediately available for comment.
In July, the Barry County Board of Commissioners narrowly passed a proposal to review the regulation through a survey for Barry County residents and a public hearing to listen to residents comment on TOST. The goal of the review is to improve the regulation based on the public’s response, commission Chair Ben Geiger said.
The survey, on the county website at barrycounty.org, is available until Sept 30; the public hearing is Aug. 22 at 7 p.m. at Star Elementary School on Star School Road.
OST, for time of sale or transfer, mandates inspection and replacement of on-site water and sewer systems deemed failed by inspectors certified by the heath department before a sale or transfer of property in both counties could be completed.
The health department said the rule was necessary to protect the environment, the county’s water supply and public health.
It was almost immediately a target for criticism by Barry County residents, who complained of a pattern of arbitrary and capricious enforcement, refusing to approve small diameter wells passed by private evaluators and bringing all systems up to current standards, which is prohibited in the regulation.
