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Spokane, Washington  Est. May 19, 1883

Eye On Boise

Bill eliminates all Panhandle sewage rules, but amendments in the works…

Rep. Eric Anderson, R-Priest Lake, has legislation up for a hearing this afternoon that - as written - would eliminate all sewage- or water-quality-related rules of the Panhandle Health District at the end of next year's legislative session, force the district to start over from scratch, and allow the replacement rules to be only statewide rules - not North Idaho-specific rules. The Panhandle Health District originally was established decades ago specifically to impose rules on sewage handling in North Idaho, which before the district was formed largely meant septic tanks, in an area that contains a huge underground aquifer that is the sole source of drinking water for 400,000 people in the region - most of whom live in Washington, including Spokane.

Anderson was in negotiations right through the noon hour today with Mike Kane, attorney and lobbyist for the state's seven health districts, and says he now has amendments to soften the blow of his bill. "We're getting there," said Kane, as the two headed to lunch together. "We're turning this into a surgical strike instead of an H-bomb."

Anderson said he doesn't want to endanger water quality; he's the former longtime chairman of the Outlet Sewer District on Priest Lake. "You know what happens when rules become so restrictive that people start cheating? That's my concern," Anderson said.

The amendments he's arrived at with Kane would include eliminating the Panhandle district's controversial "110 percent" rule, which limits expansions of homes on outdated, non-compliant sewage systems to 10 percent of current square footage. That rule would go away at the end of this year's legislative session - which could be as soon as a week from Friday - but the district and the state Department of Environmental Quality could then adopt a temporary rule to replace it. Anderson said he's not convinced that square footage really reflects sewage impact. "There's other ways to skin that cat," he said. The amendments also would eliminate Panhandle Health rules that in some cases require a dual drainfield; and would eliminate a $650 fee the district now charges for appeals. Anderson said costs for appeals should be built into original permitting fees, otherwise, "It's kind of a deterrent to appeal."

Rep. Bob Nonini, R-Coeur d'Alene, has been fighting with Panhandle Health for two years over a proposed remodel and expansion of his home on the Spokane River. He said his permit was denied due to the 10 percent rule, but then, last Friday - after he angrily confronted district officials at a public meeting last week over the issue - he got a letter from the district saying his home actually isn't subject to that rule, and he can proceed with his project. "I'm a strong supporter of protecting water quality," said Nonini, who championed legislation to create an aquifer protection district in North Idaho. But he's angry over his experience. "What about all the other people that aren't legislators?" Nonini said. He said he and his wife "spent a few thousand dollars on attorneys and engineers to see if we could appease the health district - now it turns out we didn't have to do that."

Anderson said his proposed amendments to his bill also would involve the state DEQ in "anything that's contested," providing more recourse for people than just going back to the district that denied their permit. It would do away with the main clause of the existing bill, however, as far as eliminating all North Idaho-specific rules. The House Environment, Energy and Technology Committee will meet when the House adjourns its afternoon session; the bill is the second item on its agenda.



Eye On Boise

News, happenings and more from the Idaho Legislature and the state capital.