Council enacts cap on multi-use septic systems

Derwood Bible plan exceeds the new limit on sewage capacities in the Agricultural Reserve

Wednesday, Feb. 15, 2006

The County Council voted 8-0 Tuesday to limit the size of multi-use on-site septic systems in the Agriculture Reserve, dealing another blow to institutions seeking to develop there.

Tuesday’s amendment to the 10-year water and sewage plan sponsored by Councilman Michael J. Knapp (D-Dist. 2) of Germantown, places a limit on septic systems of 600 gallons per residential unit at current zoning guidelines, or enough to sustain a four-bedroom house. An amendment to Knapp’s proposal by Councilman Thomas E. Perez (D-Dist. 5) of Takoma Park — also approved 8-0 — set a cap of 5,000 gallons per property for non-exempted systems, like those used for hospitals.

It is the first legislated cap on these systems.

‘‘Without the cap you could get around the restrictions by purchasing large stacks of land,” Perez said. ‘‘That would enable you to build a large facility. Without the cap you would have multi-use loopholes that somebody with the ability to purchase land could drive a Mack Truck through.”

This essentially prevents the application of Derwood Bible Church to build a large-scale facility using a multi-use septic system on 226 acres of land in Laytonsville.

While Derwood Bible originally planned to build using a daily capacity of 19,500 gallons, they reduced that number in December to 6,032 gallons in an effort to work with those seeking to protect the Agricultural Reserve.

The church’s new proposal would have set aside 175 acres of its property for farming, its daily capacity still exceeds the new restrictions.

‘‘We were disappointed because these measures will do nothing to preserve farmland in the Ag Reserve,” said Todd Heishman, the ministry operation pastor at Derwood. ‘‘We believe we had a phenomenal proposal that would marry a large farm with a house of worship.”

Heishman said he will continue to work with elected officials to come up with an adequate plan to facilitate the ability of churches to build throughout the county in the future.

‘‘We are not going to stop talking because we have our kids to look out for,” Heishman said. ‘‘We have to be sure there is a policy implemented that is best for the future.”

Dolores Milmoe, conservation advocate for the Audubon Naturalist Society, was pleased with the approval of the amendment. She said the council has displayed a ‘‘firm commitment” to preserving the integrity of the reserve.

‘‘The Knapp amendment did not go far enough,” Milmoe said. ‘‘Councilmember Perez instilled just what was needed to protect the Ag Reserve.”

But some council members said they were dismayed at the disjointed process of handling issues in that area.

‘‘These are big policy questions and we are dealing with them piecemeal. I wish we could step back and review these issues as a whole,” council President George L. Leventhal (D-At large) of Takoma Park said Tuesday. He criticized Park and Planning and the council’s own staff for not providing council members with collective information on Ag Reserve issues.

Councilwoman Nancy M. Floreen (D-At large) of Garrett Park called the Park and Planning’s lack of coordination ‘‘unfortunate,” and said any Ag Reserve issues currently under review by that department would be delayed for six months since it is in the midst of overhauling its own processes.