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cute and collect fines from Mother
Nature when the background
water is not as clean as the treated
effluent? What if the AT system
does not produce effluent that
meets the design standards, but
there is no ponding? Is that “failure”?
Is it really only “failure” if
the effluent quality is poor and
there is ponding? Does an AT system
“fail” if some mechanical
component breaks, but it can be
replaced? What if the system no
longer produces effluent after the
expiration of its design life? Isn’t
that really “failure”? Maybe you
have to compare performance
“failure” to hydraulic “failure,”
and component “failure” to system
“failure.” Maybe “failure” is an incredibly
vague concept that
should never be used to describe
the performance of
any type of wastewater system,
unless it is used with
great specificity. If I tried to
argue the meaning of failure
in front of a judge based
on its common usage in the
wastewater field, I would
probably be held in contempt
of court. I think it is
easier to define “pornography”
than “failure.” I am
reminded of Justice Stewart’s
comment concerning
pornography, when he said
that that he couldn’t define
tem, then how can you possibly determine
whether or not “failure” is
occurring?
When you throw advanced
treatment (AT) systems into the
mix, it becomes even more confusing.
It seems at first glance that
you could define “failure” pretty
easily. AT systems are designed to
meet certain effluent limits. A sample
can be taken at the pipe leading
from the tank to the drainfield.
Specific water quality parameters
such as five-day biochemical oxygen
demand, total suspended
solids, organic carbon, pH, coliform
bacteria count, nitrogen species,
phosphorus, etc., can be measured
and the effectiveness of the AT system
can be evaluated. Unfortunately,
the final step is discharge into
the soil. So is it “failure” if an AT
system produces effluent that meets
design or permit standards, but the
effluent surfaces in the drainfield?
What if the nearby surface water
(that is, surface water that is upslope
of the “failing” system) has
more E. coli than the effluent that
is surfacing? Is that “failure”? As a
thought, where is the “failure” anyway
if the treated effluent is cleaner
than the surrounding surface
water? If the water standing over
the drainfield is cleaner than background
water ponded in the lawn
after a rain, was there a “failure”
and whose was it? Can we prosepornography,
but he knew it when
he saw it. Well, half the time you
can’t even see the “failure”! Maybe
we are taking the wrong approach—
maybe we need to take a more spiritual
approach and think about “failure”
the way the Inuit think about
snow. I read in Smilla’s Sense of
Snow that they have over two hundred
words for snow, because there
are that many kinds of snow.
So there you have it. No answers,
just more questions. As someone
once said, “I fear that I have not
fully answered any of your questions,
but have merely succeeded in
raising more questions. I feel that
now we are as confused as ever,
however we are now confused at a
higher level and about more important
things.”
Elizabeth Dietzmann, J.D.,
is a consultant in the
planning, development,
and management of
decentralized wastewater
systems. As an attorney, she
focuses on coordinating the
legal, political, and financial
aspects of using
decentralized technology as
an alternative to central
sewer systems. Although
she consults with clients across the country,
Elizabeth is happy to live in a small town in
Missouri, with her dogs, cats, and horses.
She can be reached at edietzmann@earthlink.net.
Small Flows Quarterly, Fall 2004, Volume 5, Number 4
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