A vote by the Eaton County Commission on if they should cease participation in the Barry Eaton District Health Department’s time of sale or transfer (TOST) regulation was put off in August until the Sept. 20 meeting. The issue, originally brought forth by the Health and Human Services Committee, was not on the Wednesday meeting agenda.

 

“It died in committee two weeks ago,” said Commissioner Brian Droscha, who sits on the Health and Human Services Committee.. “I’m sorely disappointed. The votes we had weren’t there.

“It’s not a done deal, by any means, we are reloading and will come right back at it,” he said.

 

TOST requires the seller of property to pay for a health department inspection of private water and sewer systems before the sale or transfer of property in both counties. If a system is deemed failed, it must be repaired or replaced before the sale. The mission of the regulation is to protect Barry County’s water supply, environment and public health assuring clean water and adequate septic systems, the health department said.

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Droscha said he is in favor of clean water and good septic systems, and he, "would not to object to a voluntary program with inspection by the health department, with them saying ‘this is what we found,’ and giving copies of their report and their recommendations to both the buyer and seller. It should be advisory only.”

 

“On paper it looks great, all fuzzy, but it’s just bad legislation and in its application…we’ve had a ton of problems with it in Eaton County.”

Droscha said the health department advertises they have an appeals process to its decisions.

“What they don’t say is it’s $350 up front. It’s no wonder they don’t have many appeals.”

“I’m all for clean water, but it shouldn’t be linked to the sale or transfer of property; don’t condemn the people and the county just so someone in the health department can lord it over people.”

 

“The Conservation District tests people’s water for free…why not let them do it?” he asked.

Droscha promised the issue will be brought up again. “We know the health department is loaded and ready, we will just have to come at it a different way.” //

 

Barry County residents have complained about the administration of the rule for the 10 years the regulation has been in effect. The Barry County Board of Commissioners is gathering public opinion on the regulation in an August public meeting, where it was overwhelmingly criticized, a telephone survey and an on-line poll on the county website that ends Sept. 30.

 

Commissioner Ben Geiger said the commission will study the results with the goal of improving the regulation. He said in August: “Protecting public health, the environment, and the rights of homeowners is very important to the community, and requires leaders listen to all voices. Barry County's initiative is all about listening to our residents, and we will continue and complete this listening process regardless of what's going on in other counties.”