PUBLISHED 12/1/2006

A sewer line. Most of us take for granted that our homes are hooked to one and when we flush our toilets or empty our sinks, the waste will float efficiently away.

So the battle over Kern County’s ordinance requiring homes in metropolitan Bakersfield be hooked to a sewer line may seem perplexing.

But the dispute between Kern and a group of property owners and developers is really over the area’s orderly growth and provision of services to support the growth.

The Rural Land Association this week lost its court challenge to the county’s ban on the use of septic tanks to serve buildings constructed on lots smaller than six acres.

The local property owners group contended the county violated state law by failing to show the systems pollute and by failing to follow environmental laws. But Kern County Superior Court Judge Richard Oberholzer threw out the challenge, ruling the county  acted properly to impose the ban.

Septic tanks are disposal systems in which waste flows into underground tanks and fluids are leeched into the ground. They are commonly used in rural areas, where homes are built on several acres, beyond reach of centralized urban disposal systems.

For decades, housing tracts using septic tanks were allowed to be built in urban county areas of metropolitan Bakersfield. Rather than requiring tracts to annex to Bakersfield and hook to the city’s sewer system, “county islands” that depend on septic tanks were created within the city’s boundaries.

While septic tanks can fail and pollute, the county’s ban was imposed in response to growing concerns about sprawl — allowing  housing tracts to leap far from existing urban development, straining resources, such as law enforcement and roads, and draining scarce tax dollars. By requiring homes be hooked up to a municipal sewer line, development is prevented from leaping over undeveloped areas.

On a split vote last year, the Board of Supervisors banned use of septic tanks for new construction on lots smaller than six acres within metropolitan Bakersfield. The ban allows septic tanks to continue to be used for truly rural development.

Some land owners and developers want the ban revoked, allowing building to be unrestricted. They say they will bring their fight back to the board when incoming 3rd District Supervisor Mike Maggard takes his seat in January. Supervisor Barbara Patrick, who now represents the 3rd District, voted for the ban. Maggard said he is willing to review the ban and consider adjustments.

Lifting it or allowing septic tanks to be used on smaller lots is a failed policy. Look at Rosedale, where much of the septic tank-supported development occurred. Inadequate preparation for urban growth has resulted in traffic snarls and a costly patchwork of public agencies providing services.

Development in an urban metropolitan area must be supported by efficient urban services and facilities, including sewer. Urban boundaries must expand in an orderly manner, much like a sewer line’s extension.