CHINA — Planning Board members reversed their earlier position and decided to continue work on a revised shoreland septic system compliance program that voters may consider as an alternative to scrapping the existing rules.

Board members met Tuesday night to review a simpler draft. It says that if the owner of a septic system within 250 feet of any of China’s six lakes cannot prove that the system was installed and inspected properly later than Jan. 1, 1998, the system must be either inspected or replaced.

If the system was installed between July 1, 1974, and Jan. 1, 1998, is fully documented and passes the initial inspection, no further action is required.

For any system installed before 1998 that lacks full documentation, a simpler reinspection, looking only for “visible evidence of surfacing effluent,” is required every five years.

As with the current compliance program, adopted in 2009, property owners have until Dec. 31, 2014, to take the first step.

The ordinance now in effect requires more frequent reinspections for more systems. A request to repeal the program altogether, prompted by a citizen petition, will be on China’s June 12 local ballot.

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Selectmen asked Planning Board members late last year to develop a modified program as an alternative to repeal. After three months of work, a majority of Planning Board members decided March 27 against recommending a revised version for the June ballot.

On Monday, selectmen asked them to try again.

Tuesday evening, five of six board members accepted the request. Board member Milton Dudley was the lone dissenter, saying he wanted questions answered first, but said he still would help the majority work on the document.

The goal of the program is to help avoid degradation of lake water quality. Kennebec Water District spokesman Jim Hart gave Planning Board members results of a 1970s study of China Lake that estimated septic systems contributed about 4 percent of the problem. There appears to be no documentation on Three Mile Pond, Branch Pond, Dutton Pond, Mud Pond or Evans Pond.

Board member Toni Wall, who missed the March 27 meeting, asked other members what additional information they need to proceed with a proposal for a revised program.

Dudley wants to be able to tell people affected by the regulation exactly what results they can expect, in the form of a quantifiable improvement in lake water quality. He thinks it’s unfair to limit the program to shoreland property owners and suggested basing the inspection requirement on the age of the septic system, instead of the location.

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Board member Frank Soares wants more data on the extent to which septic systems pollute China Lake. He recommended getting volunteers to test water quality over the summer while board members continue to work on an ordinance.

Board member Kyle Pierce seeks information on the five smaller ponds; consideration of inspecting systems throughout the watershed of each pond, instead of just within 250 feet of the water; more public education; and a vote during the general election in November that would bring more people to the polls than a June vote.

Code Enforcement Officer Scott Pierz reminded board members that discussion of a proactive, preventive septic system ordinance began five years ago, leading to the 2009 program that now is proposed for repeal.

State soils scientist David Rocque, whose expertise helped shape the revised plan, repeated earlier information that systems not close to a lake are unlikely to affect it even if they are old or malfunctioning.

Chairman Ronald Breton, the only board member who has consistently supported preparing a revised document for a June vote, said the septic system program will be on the board’s April 24 agenda.

The April 24 meeting is scheduled to begin with an public hearing to explain the proposed home occupations ordinance that voters will be asked to approve or reject June 12.


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