Time to Abolish Outdated Castle Hills Sewer /Septic Ordinance?

A 44-year-old ordinance that has angered some Castle Hills homeowners and spawned a recent lawsuit against the city is still on the books despite Councilman Bruce Smiley-Kaliff's push to abandon it June 9.

The rule applies to properties that depend on septic systems. If those properties fall within 200 feet of a city sewer main, owners must cover the cost of tying into the city's wastewater system before they can sell their home or business, even if their septic tank is in perfect shape.

The ordinance was adopted in 1965 in response to public health and environmental concerns, City Manager Michael Rietz said.

But critics, including Smiley-Kaliff and Councilman Tom Davis, say the rule is based on outdated information and punishes property owners who can't afford to shave tens of thousands off their sell price.

“I know an elderly man that's looking at his home as an investment,” Smiley-Kaliff said after last week's meeting.

“He's been there 50 years. His septic system is certified (by Bexar County). His sole nest egg is in his home, and he would have to spend $40,000 to comply with this totally out-of-date ordinance.”

Smiley referenced the Castle Hills vs. Batchelder case, a lawsuit filed in state court over the 200-foot hookup rule. City attorney Michael Brenan said the city will probably enter the suit's trial phase toward the end of this year.

“The Batchelders can take care of themselves. However, who is going to bring to the table the case of our elderly people who don't have resources to fight the city?” Smiley-Kaliff said.

“We have no authority whatsoever to even discuss septic tanks. That is controlled by Bexar County.”

Smiley-Kaliff proposed dropping the rule in favor of a less-restrictive San Antonio Water System ordinance that requires city sewer hook ups if a property with septic falls within 300 feet of a sewer main, but only if the septic tank is flawed in some way.

If Bexar County — the regulatory authority over septic systems in Castle Hills — signs off on the tank, that property owner would be in the clear.

Council decided to stall action on Smiley-Kaliff's proposal until a four-man committee can bring back findings on the city's sewer system and the ordinances that govern it.

Resident expert Greg Smith, SAWS representative Dwayne Rathburn, Rietz and Castle Hills Public Works Director Rick Harada will develop a comprehensive map of the city's sewer system to determine which properties are still on septic and their distance from wastewater lines.

Davis said Castle Hills is the only city in the SAWS service area that mandates an automatic hook up to a centralized wastewater system. The city doesn't offer a waiver process for property owners who feel that they should be exempt from the ordinance.

“It's my personal opinion that we need to go with what SAWS and Bexar County have as their rules,” Davis said after the meeting, adding that Castle Hills has no real vested interest anyway since the city sold its sewer lines to SAWS last year. City staff maintained the lines before the sale.

“We in essence really have no legal interest,” Davis said. “We don't have anything to do with wastewater. It's either SAWS or the county. Now, since we've done that (sold sewer lines to SAWS), we have to look at all our old ordinances.”

Rietz said it's preferable for properties to be tied into a centralized sewer system in urban areas such as Castle Hills because of health concerns should those septic systems fail. Davis said while Castle Hills doesn't sit directly on top of the Edwards Aquifer Recharge Zone, it's close to it, so the possibility of groundwater contamination from faulty septic tanks shouldn't be ignored.

“We have an ordinance in place, and while SAWS is the owner and operator of the sewer system, they have to operate it according to rules adopted by the city,” Rietz said. “They're bound by local ordinances wherever they operate.”

Several homeowners spoke out against it the ordinance June 9, saying that septic system technology has progressed significantly since the rule was passed decades ago. They also voiced concern about the potential uprooting of centuries-old trees to make way for connection lines and the prohibitive cost that elderly homeowners would face if they need to sell their property to keep them afloat during retirement.

Some would have to tunnel connection lines under Northwest Military Highway and West Avenue, increasing their cost. Rietz acknowledged that traffic disruptions would occur.

He added if Northwest Military were in the way, the Texas Department of Transportation would have to issue a permit before tunneling could begin. No one has had to do that yet, Rietz said, and he's not sure if TxDOT would charge property owners for the permit.

In other action, the city will have a public meeting on its fiscal year 2010 budgets at 5:30 p.m. Tuesday at City Hall.

By Christine Stanley - Contributing Writer/North Central News