This is a letter from Todd Supeck to Lt. Governor Mary Taylor January 5, 2015 Lt. Governor Mary Taylor Riffe Center, 30th Floor 77 South High Street Columbus, OH 43215 [email protected] To Whom It May Concern: My name is Todd Supeck. I own Supeck Septic Services, LLC, a septic tank cleaning and maintenance business in Northeast Ohio that was established in 1968. Recently a group of my local competitors and I have come together expressing concerns over the fate of their businesses. We have concerns regarding sections of the new Ohio Administrative Code that has been adopted in the State of Ohio as of January 1, 2015 (OAC Chapter 3701-29). The group consists of eight business owners who service the majority of the septic systems in Northeast Ohio and this letter represents the opinions of the group. While we agree with the spirit and intent of this new code as a whole, we find some aspects to be impractical and potentially harmful to small business owners and consumers – specifically, OAC 3701-29-19(D)(1) and OAC 2701-29-20(C). The concerns are as follows: OAC 3701-29-19(D)(1) - System Specific Certification This section of the code now requires that only registered service providers certified by the manufacturer may service and maintain a sewage treatment system. There are currently more than 10 approved manufacturers that will now require separate certification. Although we currently service all brands of septic systems because of our general practical knowledge, most independent septic contractors are only certified by one or two manufacturers. For example, my business holds many service contracts for maintenance of eight different brands of sewage treatment systems, while I am only certified by one manufacturer. Upon the adoption of this new law, I have attempted to comply by seeking certification from the manufacturers for which I am not currently certified. My attempts are as follows: I do currently hold a certification by Norweco to service Singulair systems; although, there has been talk of this manufacturer not renewing certification. Last year, I spoke with Carrie Feller concerning certification for MultiFlo and Nayadic systems. Mr. Feller told me that he would not certify me. In addition, he no longer returns my calls to purchase MultiFlo or Nayadic parts. On December 12, 2014, I called Uniontown Concrete regarding Jet certification and I did not receive a return phone call. On December 10, 2014, I called Renee Dye of Wastewater Solutions, representing Hydroaction, and I did not receive a return phone call. On December 14, 2014, I called Ecological Tanks, Inc. in Downsville, Louisiana, representing Aquasafe, and was told to call Suburban Septic in Medina. They are direct competition in my area and I have yet to contact them, as I do not believe they will be helpful. On December 14, 2014, I called Spoerr Precast in Sandusky, Ohio (located approximately 50 miles from my place of business) soliciting Jet sponsorship. The owner, Bill Shank, spoke with Chris Mandich, a Jet representative. Mr. Mandich replied that Jet would not provide certification because there are already several certified service providers in my area. My attempts to gain certification to comply with the new regulation have been unsuccessful, and all other service providers in my area have had similar results. Without further certification, I will be forced to surrender a large part of my business, including customers that Supeck Septic Services has been servicing for 48 years. The independent service providers in the State are currently responsible for the majority of the preventative maintenance for septic systems. The certification requirement will have a great impact on the livelihood of the independent service providers in the State of Ohio. Overall, I think it is important that the State Department of Health supports independent service providers, in order to stimulate competition, maintain lower prices, and encourage homeowner voluntary compliance. In addition, by only certifying a limited amount of service providers, the OAC creates an unfair advantage for those that do hold that certification. OAC 3701-29-20(C) – Septage Pumping Report This section of the code requires that a two-page septage pumping report form be completed in triplicate, with one copy maintained by the septage hauler, one copy forwarded to the local health department, and one copy given to the homeowner. Septage haulers are responsible for the cost of the report, including printing, mailing to the department of health, and the time involved in completing six pages per customer. Supeck Septic Services cleans approximately 100 septic systems per week; therefore, my office must print, store, and distribute about 300 two-page reports per week as of January 1, 2015. The code does not specify how this information will be used, and I am concerned by the fact that these detailed reports will become public record and will be available to my competitors. Historically, the local health departments have asked for our customers’ name, address, and size of system. The new two-page septage pumping report requires detailed information about the system, including a drawing of the customer’s property (consisting of location of tanks, driveway, water source, and all buildings), the deterioration level of the tank, and whether there is evidence that the water level has ever been above the outlet. We also feel that certain information that must be provided in the report creates unnecessary liability for septage haulers – particularly, the sections requiring technicians to indicate the condition (“Good” or “Poor”) of many system components. Septage haulers were given no guidance as to how to distinguish between “Good” and “Poor” condition, yet each technician is required to print and sign their name on the report. I am currently seeking expert advice on the specific liability our businesses will incur by completing this form. Most importantly, the State Health Department is mandating the collection of private customer information at the expense of septage haulers and service providers. It is the opinion of our group that the State is asking us to act on their behalf to gather this information with no compensation. Overall, as a result of these sections of OAC 3701-29, most independent service providers will not be able to service the majority of their current customers, and will also have to provide the health department with extensive private information about the condition of their customers’ systems without knowledge of how this information will be used. I understand that there was a comments period for this new Ohio Administrative Code, at which time I did voice my concerns regarding the system specific certification; however, they were dismissed. The septage pumping report was not created until after the OAC was passed, so no comments specific to the report could be made at that time. This said, we are hoping that something can still be done to improve these regulations. The Common Sense Initiative asks for thoughts on reforming existing regulations. To address the system specific certification, we believe that a State sponsored program could be initiated to certify all that are interested, much like a State plumbing or HVAC license. Regarding the septage pumping report, we believe that the report should be streamlined to include only basic customer information and at least provided to septage haulers free of charge. As small business owners, we are resilient and open to change, but these are not changes that can be made without negative effects. Although I am only expressing the opinions of eight local business owners, I know that there are hundreds of business owners, thousands of employees, and tens of thousands of consumers that will be affected by this legislation. In providing this insight, I hope to find a remedy to satisfy the state, small business owners, and consumers. Please contact me by email or cell phone at (330)-xxx-xxxx for further information and the contact information of my fellow business owners. Respectfully, Todd Supeck
Posted on: Mon, 12 Jan 2015 20:24:38 +0000
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