Septic Program

Because the Chester River watershed is primarily a rural community, approximately 60% of our homes are on septic systems versus a statewide average of 24%.  MDE estimates that in our watershed as much as 10% of the nitrogen loading to the Chester River comes from septic systems.  A high percentage of septic systems in the watershed are adjacent to tidal and non-tidal waterways.  In addition, failing septics, which we know exist, exacerbate the problem associated with high fecal coliform counts in the Chester River.

Although it is not generally known to the public, septics in Kent County generate ten times the nitrogen in the Chester River as the Chestertown WWTP.  In order to begin the education process, in October 2007 we placed a full page ad in the three local papers entitled "is your home septic system hurting the Chester River?"  The answer is, of course, a resounding yes, and the ad included tips on how to best maintain the home septic and to consider retrofitting the home system.

In 2007, CRA hired Jenn Hicks part-time as a septic specialist.  We have focused on two issues.  The first is getting homeowners to retrofit existing septic systems in Kent and Queen Annes Counties using flush tax funds.  As of June 2007, there were no BNR septic retrofits in Kent County and only a few in Queen Annes.  We have conducted ten seminars with 100 households.  As of January 2009, there are now over 100 installed and many more in the pipeline.  These seminars will continue with a focus on local homeowner associations.

The second phase of our septic program is to pass legislation requiring BNR septics in new homes built in the critical area.  We began in Queen Anne's County in April 2007 with a presentation to the full board of commissioners.  We worked with the county staff to educate them and get the proper wording and implementation process for the new legislation.  In November 2007, the legislation was proposed and passed by the commissioners subject to public comment.  There was opposition on the part of realtors, builders and developers.  CRA mounted a write in campaign among our Queen Annes County members.  As a result, the legislation passed into law on December 11 by a unanimous vote of the commissioners.  We understand that it was the first legislation of its kind in Maryland.

In January 2009, with the help of our lobbyist, we sponsored and provided testimony for legislation that would require all new homes statewide to install BNR (bio nutrient removal) septic systems.  The bill, SB554/HB176 Chesapeake Bay Nitrogen Reduction Act of 2009, was changed to require BNR in all new homes and for upgrading failing septics in the critical area.  It passed the state legislature and was signed into law on May 21, 2009 with an effective date of October 1, 2009.

It is CRA's plan during the 2010 General Assembly to sponsor legislation that makes BNR septics for all new homes mandatory statewide.