The Barry Eaton District Health Department regulation commonly called “TOST” for Time of Sale or Transfer, mandates inspection of on-site water and sewer systems when property is sold or transferred in Barry and Eaton counties. If a system is deemed failing, it is ordered fixed or replaced before the property can be sold.
It’s has been controversial since it began, with property owners, and a few (Barry County) commissioners, charging enforcement of the new rule was arbitrary, unfair, expensive to property owners, goes beyond the intent of the regulation and brings all inspected systems up to present day code when they were not in failure.
The health department maintains the regulations protect the quality of water resources, on-site water supplies and the natural environment and protects the public health by providing an evaluation and maintenance program for on-site sewage systems and on-site water supply systems in Barry and Eaton County.
Those three paragraphs were the lead into an article on TOST aired on WBCH on June 13, 2014. They still could be used today.
Reports to Barry County Commissioners to explain TOST on March 12, 2013, June 28, 2016, in a public forum on Nov. 10, 2011 and numerous appearances by health department officials at commission meetings, seems to have changed no one’s position on the 10-year-old regulation.
The only thing supporters and those opposed have in common is the desire for clean water and effective sewer systems.
At the Barry County Commission meeting Tuesday, the first 20-25 minutes were used to send several issues to the next board meeting with recommendations of approval.
The rest of the three hour meeting centered on TOST, first with an in-depth report on TOST on its 10th anniversary from Health Officer Colette Scrimger, with details provided by Environmental Health Director Regina Young, followed by questions from commissioners and the public.
“Community opposition to the TOST program has included widespread and misinformation and misconceptions,” the report read. “It has also included an inability to reach a common ground from which to discuss shared solutions to problems, while still recognizing that TOST is a necessary and integral part to keeping our communities and environment safe and healthy.”
The same positions voiced by health department officials and members of the public over the last 10 years were still being heard Tuesday.
The report says TOST is both preventative and regulatory to prevent problems from happening and respond to threats that exist.
“The reality is that it is impossible to show that illness has been prevented or that injuries did not occur. It is sound public health priorities that provide for prevention and for methods to find and fix significant problems,” the report reads.
A TOST goal is increasing public awareness by public education, however the report said the effort was hampered by staffing and IT changes, and with the demands of training, oversight and learning new software, they found themselves, “with limited time to get out into the community more regularly to both educate about the program and obtain feedback.”
Still, Scrimger said in response to public input, the health department changed its rating system from “failed” or “authorized” to “action required,” action recommended” or “no action required,” held one-on-one meetings with owners, simplified the TOST language and highlighted the appeals process. //
Barry County residents often speak against TOST during the commission’s public comment. In an August listening session on TOST hosted by county commissioners, 22 of the 25 speakers spoke against the regulation.
Also in August, a committee of the Eaton County Board of Commissioners proposed “ceasing participation” in TOST as a cost-saving measure during its current budget crisis. The resolution has not come back out of committee after being sent back for language changes.
The 10th Anniversary report is meant to show TOST’s value to public health and the natural environment using data and case studies. The complete report with goals, charts, graphs and narrative is available at www.barryeatonhealth.org.
