Teton County Septic System Regulations

SEPTIC SYSTEMS CAN CAUSE NUTRIENT AND BACTERIAL CONTAMINATION OF OUR GROUNDWATER — OUR ONLY SOURCE OF DRINKING WATER.

As a headwaters community of the Greater Yellowstone Ecosystem, our outstanding water resources deserve the best protection — equal to the value they provide our community.

In May 2021, Teton County released proposed updates to the Small Wastewater Facility (septic system) Regulations for Public Comment. POWJH took a leadership role to ensure the proposed rules protected drinking water and the environment.

Proper management of septic systems is of critical importance to our water resources. It is widely accepted that poor management can cause nutrient and microbial contamination to groundwater. Teton County’s Small Wastewater Facility (SWF) Regulations need to be stronger to protect our Sole Source Aquifer. Unfortunately, many of the septic systems in Teton County are improperly managed and do not provide the level of treatment necessary to adequately protect public health, and surface and groundwater quality.

We advocated extending the Public Comment period from 45 to 60 days, as well as including a Public Meeting and a Public Hearing in the review process. POWJH also submitted detailed public comment on the revised rules.

Although the proposed updates to the regulations included some provisions to increase water quality protections, they did not go far enough. POWJH highlighted three primary concerns surrounding the updates we would like to see addressed;

  • The proposed updates only apply to new septic system permits. The regulations should apply to all existing systems, especially the system maintenance provisions.  
  • The proposed rules did not address the need for a septic system inspection program.
  • The proposed rules did not sufficiently protect public drinking water because most of Teton County’s 113 public drinking water systems do not have Source Water Assessments or Protection Plans.

Even though the Teton County Commissioners approved the revised regulations without the improvements suggested by POWJH, they did schedule a workshop in February 2022 to prioritize investigating septic system inspection, maintenance, and compliance programs. The Water Quality Master Plan process will also review POWJH’s concerns in detail.

How Septic Systems can contaminate our Drinking Water Source and pollute Surface Waters.

• Teton County has over 2000 septic systems that release wastewater effluent into the ground.
Ideally, the soil would absorb nitrogen and phosphorus and prevent the nutrients from entering the groundwater.
• Most of the valley floor, with its coarse soils and shallow groundwater, is a poor filtration system.
• Nutrients flow through into the groundwater, which is our only source of drinking water.
• Interaction between the groundwater and surface waters allows nutrients to pollute our streams and rivers.

INTERACTIVE GRAPHIC — Click on the + hotspots below to learn more:

Management Guidelines for Small Wastewater Facilities (Septic Systems)

A complete program for the proper management of septic systems involves implementing a comprehensive series of LIFE-CYCLE activities. Each of the following components is a critical part of a successful program to adequately protect public health and the environment.

Whether you are a regulatory authority (e.g., Teton County), homeowner, developer, site evaluator, or service provider - everyone has an important role to play in a successful management program!

Review the components to learn more:

Site Evaluation

Site Evaluation

• The regulatory authority should provide strict criteria for treatment site characteristics that may be suitable for permitted designs that will prevent unacceptable impacts on surface and groundwater resources, establish the defining characteristics of each site placement, and oversee and approve site evaluation procedures to ensure that system designs are appropriate for the sites and their stipulated performance criteria.

• The site evaluator should obtain certification/license to practice, evaluate site and soil characteristics, and determine suitability of the site with respect to regulation requirements based on the site’s hydraulic and treatment capacity.

• The homeowner should hire a certified/licensed site evaluator to perform site evaluation.

Design

Design

• The regulatory authority should provide system designs that meet the appropriate criteria for treatment sites and require a routine operation plan that will sustain system performance to avoid the release of unpermitted discharges.

• The designer should obtain certification/license to practice and design treatment systems that are compatible with the site and soil characteristics described by the site evaluator, and comply with applicable federal, state, and local requirements in the design of wastewater treatment and dispersal systems.

• The homeowner should hire a certified/licensed designer to prepare the system design.

Construction

Construction

• The regulatory authority should administer a permitting program for system construction including; review of the proposed system design/drawings/plans, siting, and construction of the system, and requirements that the designer/installer is certified to complete the system construction in compliance with approved plans and specifications.

• The designer/installer should be certified/licensed to construct systems in accordance with approved plans and specifications, prepare and submit design/drawings/plans of the completed system to the regulatory authority, provide the homeowner with a manual describing manufacturer’s owner & operator (O&A) maintenance requirements/recommendations, and comply with applicable federal, state, and local requirements in the design and construction of wastewater treatment and dispersal systems.

• The homeowner should hire certified/licensed professionals to prepare and install the system, submit final record drawings and a copy of the systems O&A manual to the regulatory authority to assist in recording required maintenance/inspections.

Operation and Maintenance

Operation and Maintenance

• The regulatory authority should provide the homeowner with educational materials regarding system use and care, and administer a program to track installation and review monitoring reports to ensure that systems are operating correctly.

• The homeowner should operate and maintain the system according to proper care and use guidelines, hire a certified/licensed service provider/pumper/hauler to regularly perform system inspections, monitoring, and maintenance service, keep maintenance records to note any system deficiencies, and submit timely compliance monitoring reports.

• The service provider/pumper/hauler should obtain certification/license to practice and comply with requirements for the proper residual waste management, assist the homeowner in keeping maintenance records, and report any deficiencies to the regulatory authority.

Inspections and Monitoring

Inspections and Monitoring

• The regulatory authority should perform inspection programs at point-of-sale, change-in-use of properties, “targeted areas” (e.g. contamination hot spots, aging systems, sensitive watersheds), and/or systems reported being in violation. They should also conduct compliance inspections of residuals hauling, treatment, and disposal, administer a program to monitor timely submissions of acceptable compliance maintenance reports, and perform system inspections randomly and/or at the time of operating permit renewal.

• Inspectors should obtain certification/license to practice, and perform system compliance inspections for the homeowner according to the regulatory authority rules.

• The homeowner should hire a certified/licensed inspector to monitor, inspect, maintain, and pump their system in order to stay in compliance, and submit system monitoring reports to the regulatory authority to assist in tracking any system deficiencies and optimize a system operation program.

Financial Assistance and Funding

Financial Assistance and Funding

• The regulatory authority should provide a listing of financial assistance programs available to homeowners and the qualifying criteria for each program, consider implementing a state or local financing program to assist the homeowner in upgrading systems, and provide the legal and financial support to sustain the regulatory program.

Planning

Planning

• The regulatory authority should evaluate potential risks of wastewater discharges to limit environmental impacts during the rule-making process, coordinate program rules and regulations with state and local planning/zoning and other water-related programs, continuously evaluate existing wastewater treatment needs, and forecast future needs.

• Developers should hire planners and certified site evaluators and designers to ensure that all lots of proposed subdivision plats meet requirements for proper treatment and submit to the regulatory authority for review and comment prior to final plat to ensure compatibility with the rules.

Recordkeeping, Inventory, and Reporting

Recordkeeping, Inventory, and Reporting

• The regulatory authority should administer a database inventory (locations, site evaluations, record drawings, permits, and inspection reports) of all systems within their jurisdiction, maintain a residuals treatment and disposal tracking system, maintain a current certified/licensed service provider listing which is available to homeowners, administer a tracking system for operating permits, and administer a tracking database for compliance reports.

• The inspector should perform system monitoring, provide a certified report of all observed system deficiencies to the homeowner, and provide a certified report of all maintenance and observed system deficiencies to the regulatory authority.

• The pumper/hauler should prepare and submit records of residuals handling to the regulatory authority.

• The homeowner should maintain system monitoring and service records.

Public Education and Participation

Public Education and Participation

• The regulatory authority should educate the owner/user on the purpose, use, and care of the treatment system, and provide public review and comment periods of any proposed program and/or rule changes.

• The service provider should be informed of and follow existing rules.

• The homeowner should be informed of the purpose, use, prohibited uses, and care of the treatment system.

Training and Certification

Training and Certification

• The regulatory authority should develop and administer training, testing, and certification/licensing program for site evaluators, designers, contractors, pumpers/haulers, inspectors, and operators. They should also maintain a current certified/licensed service provider listing.

• The service provider should obtain appropriate certification/license(s) and continuing education as required, as well as comply with all applicable federal, state, and local requirements in the evaluation of sites for wastewater treatment and dispersal.

• The homeowner should only contract with professional service providers who site, design, construct, operate, and/or maintain systems that obtain the appropriate certification/license(s) to practice.

Performance

Performance

• The regulatory authority should establish system failure criteria to protect public health (e.g., wastewater backups in building, wastewater ponding on ground surface, insufficient separation from groundwater or wells.), minimum maintenance requirements for approved systems, and performance criteria necessary to protect public health and water resources.

• The homeowner should operate, maintain, and repair systems to comply with established maintenance and performance criteria.

Corrective Actions

Corrective Actions

• If there are noncompliance items, the regulatory authority should negotiate compliance schedules with the homeowner for correcting documented non-compliance issues, and administer the enforcement program including fines and/or penalties for failure to comply.

• The homeowner should comply with terms and conditions of the negotiated compliance schedule, submit required documents for corrective actions to the regulatory authority, and hire certified/licensed service providers to perform required corrective actions.

• The certified/licensed designer should provide the homeowner with documents (drawings, specifications, modifications, etc.) required by the regulatory authority for corrective action.

• The certified/licensed contractor/installer should be required to perform repairs, modifications, and upgrades as necessary so the homeowner can comply with the conditions of the negotiated compliance schedule.

Residuals Management

Residuals Management

• The regulatory authority should administer a tracking system for residuals hauling, treatment, and disposal and review to evaluate compliance with current regulations, assess available residuals handling/treatment capacities, and develop contingency plans when capacities available are insufficient.

• The service provider/pumper/hauler should obtain certification/license(s) to practice and comply with requirements for proper management in the pumping, hauling, treatment, and disposal of wastewater treatment system residuals.

• The homeowner should hire a certified/licensed service provider/pumper/hauler to remove, treat, and dispose of residuals.