FROM THE COVER case studies
FROM THE COVER case studies
Sewage on the Shoreline
LOCATION : Cherokee County
PROBLEM : Human waste flowing from RVs into the once-pristine waters of Weiss Lake ( aka The Crappie Capital of the World ), the primary source of drinking water in the area and a major economic engine .
BACKGROUND : Numbering in the thousands , recreational vehicles parked in the lake ’ s flood easement are supposed to collect sewage in approved holding tanks that are pumped out at regular intervals . In reality , the famous fishing waters were soaking up a steady stream of human waste from unpermitted and inadequate holding tanks , some with drainage lines dumping right into the lake .
SOLUTION : To protect water quality and by extension public health , in 2012 the Cherokee County Commission adopted a Sewage Disposal Ordinance using authority granted by Limited Self-Governance . The county and local health department are working together to combat improper disposal of sewage in unincorporated areas surrounding the lake .
IMPACT : Within the first two years , more than a thousand holding tank systems were approved . More than 1,700 notices of violation were issued , and , in all but a handful of situations , the nuisances were abated without the need for a formal citation .
Photo credit : Cherokee County
Probate Judge and Chairman Kirk Day called it a success . “ The county has to be willing to be flexible and have variances available , but at the end of the day , the commission has a responsibility to residents to keep the lake clean ,” he said . “ I applaud the commission for taking a step in the right direction .”
Comparing and Contrasting : Limited Self-Governance and Administrative Powers
Even commissioners who have only been in office a few years will find the origin story of Limited Self-Governance familiar .
A mechanism to increase decision-making authority at the local level , thereby reducing reliance on costly , time-consuming legislative solutions that apply to a single jurisdiction ? Yep , that describes Limited Self-Governance . And it was also a talking point last fall when counties successfully advocated for passage of County Commission Administrative Powers .
More than 70 percent of Alabama voters approved Administrative Powers , which appeared as proposed Amendment
4 in last year ’ s general election . The ratified amendment has now been officially added to the Alabama Constitution of 1901 and renamed Amendment 909 . ( Note : Like Limited Self-Governance , Amendment 909 does not apply to Jefferson County .)
County officials wanting to know more about how to utilize Administrative Powers will want to make plans to attend the ACCA Annual Convention in August . Information and resources that will be provided include a detailed overview of the amendment ’ s provisions , implementation procedures and sample documents .
In the meantime , here ’ s a brief look at some of the commonalities
and differences of Limited Self- Governance and Administrative Powers .
They are similar in purpose , since both are avenues for county commissions to make additional decisions at the local level . Problems can be solved at home rather than needing permission from Montgomery . And both come with clearly-defined boundaries , with detailed lists of what is and what is not permissible .
Looking even more closely , county officials and staff leaders will find some areas of overlap . For example , both programs speak to aspects of litter control and animal control , but from different
COUNTY COMMISSION | 15