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Local News

Barry County Commissioners asked to repeal TOST, demand a better regulation

TOST, a Barry Eaton District Health Department regulation already the subject of numerous articles and discussions, was brought up again at Tuesday’s Barry County Commission meeting.

 

The ten-year-old 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, the deficiencies are ordered fixed or replaced before the property can be sold.

 

Supporters and critics have outlined their positions many times over several years. (See background is at the bottom of this article.)

 

In public comment time, Bob Vanderboegh, a persistent critic of the regulation, took issue with an editorial and a health department official’s letter to the editor in last week’s Banner.

The opinion article seemed to infer that rural residents of Barry County are the sole cause of potential water contamination due to their onsite sewer systems, Vanderboegh said.

 

“The rural residents of Barry County are as interested in clean water as any other sector of the Barry County population. It appears we are being singled out as anti-clean water advocates. Besides wanting clean water, we also want our property rights respected,” he said.

He said health department presentations have never recognized property owners as stakeholders and officials are using the “fear factor” and the “we can save you tactic,” to further their agenda.

 

Health department officials seem to be incapable of achieving a program that respects property rights and still provides a service that is not dictatorial, he said.

“You, the county commissioners, have the power to achieve both goals in this issue: #1. You can repeal the TOST regulation. #2. As members of the health board you have the power to require the health department to come up with a program that achieves the goals of the health department and protects property owner’s rights.

 

“I ask you to use your authority as our elected officials on the health board to oversee BEDHD in a fashion that puts the health board back in control of the health department,” Vanderboegh said.

 

Vanderboegh’s comments come before discussion and expected suggestions for improvements in TOST by commissioners at the Oct. 24 meeting, after an extended period of hearing public opinion through a telephone survey, listening session and on-line poll.

 

Background:

TOST  has been controversial since it began, with property owners charging enforcement is arbitrary, unfair, too expensive, goes beyond the wording of the regulation by bringing all inspected systems up to present day code, interferes with owner’s property rights and is too costly to appeal.

The health department maintains the regulations protect the quality of water resources, on-site water supplies, the natural environment and is protecting 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. 

 

 

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