Bureaucracy Out Of Control

Hi Everyone:

Where we live, about 50 miles north of New York City, the majority of homes use a septic system for all household waste water. For those of you not in the know; a septic system consists of a septic tank (holding tank) where the solid waste sinks. The water then overflows into a septic field where it leaches into the ground. The current law states that the size of a septic system is based on the number of bedrooms contained in a house.

That said, the Putnam County Health Department in New York decided to make its own rules regarding septic systems and home improvements. The health department required homeowners who planned to increase their living space by 50% or more to upgrade their septic system, regardless of whether new bedrooms were added. Such a law was never passed by the county Legislature or the Board of Health. To make matters worse it violates county and state law.

But that didn't stop the health department until they were sued by a couple who wanted to add a second floor to their ranch and relocate their 3 existing bedrooms from the first floor to the new second floor addition. Last September, the health department denied the owners a permit for the work because the addition was over 91% of the size of the existing 1,832 square foot home and therefore a septic system upgrade was needed.

This past Friday, a state Supreme Court justice ruled in favor of the plaintiffs and told the health department to issue the permit. Time will tell if and when they will issue the permit. But how can an agency in a county government go against current law and dictate their own "law"? It is apparent that the health department had no common sense whatsoever to issue such a "law". The bureaucracy had gotten out of control. How could a small agency in a small county of 100,000 people do this and go unnoticed until the lawsuit?

It boggles the mind that this could and did happen. Where were the checks and balances? Why did this have to go court at all? If common sense had been used from the onset, the taxpayers of Putnam County would not have had to pay lawyers to defend a losing proposition.

Til next week.

Peter