Septic issue still unsolved

Since the county commission arranged for Wyoming Department of Environmental Quality (DEQ) reps to meet with Jim Geis last month to help him find a way to continue draining county septic tanks despite regulations limiting his choice of places to take it, he has had little luck in pursuing any of the options that were given to him.

DEQ changed its rules on “land spreading” a few years ago, with the county following suit a couple of years later in its 2018 regulations for small wastewater systems. According to those rules, domestic septage can only be land applied on the property at which it was generated.

This means that Geis can no longer land spread the sewage he drains from people’s septic tanks on the single plot of land where he has been doing so for years.

DEQ reps offered Geis several paths forward during a special meeting in September. They suggested that he seek a license from the Environmental Protection Agency, which would allow him to maintain his current methods with some additional reporting requirements.

However, Geis told the county commissioners that he has since spoken with the EPA in Denver and has been told they will not issue him a license.

Another option put forth by the DEQ at the special meeting was for Geis to land spread on his customers’ own property, which is allowed according to the rules.

“If it’s my waste, I can have Jim dump my waste on my land if I can meet the setback criteria,” said Tim Lyons, Planning Director.

The regulations state, for example, that septic dumping must occur at least a thousand feet from adjacent properties and 300 feet from a private road, water body or stream.

“I have to get a permit to do that…then notify the agency that I’m doing it within 15 days.”

Geis wondered if the situation may be different in his case, because once he pumps a tank he technically owns that waste. Does that not mean that he can then dump it on his own land?

“No, because it has to be land applied on the same land that it came from,” Lyons said.

An additional option given was to transport the sludge to Spearfish or Belle Fourche, both of which operate mechanical sewer systems that would not be affected in the same way as a lagoon based on bacterial balance. However, Geis shared that he has spoken with both places and neither accepts outside waste.

Municipal lagoons within the county have already been ruled out.

“The sewage fouls up their live cultures,” said Dennis.

Finding a place to take it is not the issue, Geis said – he has one potential partner who would take every bit of sewage he was able bring to use as fertilizer. The problem is that the DEQ regulations currently make it impossible to use that land, and the requirement that sewage be land spread on the property at which it was created is not the only one causing issues.

“According to the rules, you can put it on crop land, pasture, field,” Geis said. However, “It states in there ‘no human contact’ for years, so that’s going to eliminate any land application because you can’t stop human activity across wherever you dump that for years’ time.”

This leaves just one option: hauling it to Gillette. However, Geis explained that it must then pass testing for contaminants such as oils before it can be dumped, and questioned what happens to the full tank of sewage if it does not pass.

Geis said that he has attempted to make contact with the DEQ to explain that none of the options provided have worked out, but has been unsuccessful.

“DEQ won’t get back with me. I’ve been waiting ten days for them to give me some kind of solution and they haven’t,” Geis said, later adding, “They said, ‘we’ll try and figure out something’. Well, I don’t know what they’re going to work out.”

Geis noted that this problem is not specific to his business and would affect anyone who tried to take on the task of draining septic tanks in Crook County. For that reason, he suggested that the ultimate solution may require assistance from the county.

Little could be done at last week’s meeting to resolve the issue, though County Attorney Joe Baron confirmed that he contacted the DEQ and was told the agency is in the process of looking at the matter. He was not sure exactly what they are planning, however.

Senator Ogden Driskill also offered to look into it when he next goes down to Cheyenne.

“We’ll keep stirring the pot,” said Devish.

“About all I can do is keep waiting for the DEQ,” replied Geis.