**In its 10 years in existence, the arguments to keep or do away with TOST never changed.
The Barry Eaton District Health Department said the regulation discovered and required repairs on thousands of failing water wells and septic systems, keeping ground water clean and the environment safer for current and future county residents.
Critics, especially in Barry County, said administration of the rule was capricious, arbitrary, an unconstitutional taking of individual’s rights, used to bring all systems up to present day codes with costs that were a way for the health department to increase its income.
That’s all history as the regulation is no more, with the Eaton County Commissioners taking the final step and voting Wednesday for its repeal. But, water quality and the efficiency of sewer systems in both counties still must be monitored and maintained.
What comes next will not be easy. With assurances from officials who voted against it, the communities wait to see what will replace the unpopular rule.
The point is valid that those buying or selling homes, by requirements of lending institutions, Realtors or buyer/seller agreements, will have inspections of the systems.
However, so is Barry County Commissioner David Jackson’s comment that with limited house sales in Barry County, overall compliance would be a multigenerational effort for the needed environmental protections for the county.
A task force that would hold public hearings, with residents encouraged to contribute ideas, should be formed immediately with accompanying transparency, and interim reports on progress, posted on the counties and health department websites in separate sections, and also other places, even if they have to pay for the exposure.
A contact person or website should also be available to the public to direct questions and make comments.
And, yes, it might be uncomfortable and more work, but the public has a right to see and have input in any plan to protect our water and other resources that they will have to live with.
Also, a step by step progress report lets the people know what’s coming up and minimizes problems and questions when the future plan is ready to be put in place. Lack of public support for TOST is what eventually brought it down. Officials said to be effective, a regulation must have public support; that should be a goal of the new program.
It’s up to the Health Board to lead the effort, to set up a diverse group of residents and county and health department officials from both counties, to devise a replacement for TOST and show the community they can develop a better, more acceptable program and let the Barry Eaton District Health Department get back to its mission.
