Members of the Flathead City-County Board of Health last week wrestled with — but ultimately postponed  — a decision on a variance request that raised concerns about future filling in of flood-plain lots for development as an unintended consequence.

Health officer Joe Russell had recommended granting a variance for sewage treatment systems after the Department of Environmental Quality issued a Certificate of Subdivision Approval in March for the two lots on Wagner Lane.

The health board earlier had denied the variance request that the owners appealed and now is pending before the DEQ.

Russell told board members that their case for denying the variance was substantially weakened by the lifting of a sanitary restriction on the property by the state environmental agency. He said the agency is unlikely to issue a judicial ruling on the appeal that would be contrary to its administrative position.

Russell said the county had written its own regulations to mirror DEQ’s that do not allow filling a property to meet standards to allow new sewage treatment systems. In issuing the subdivision certificate, state officials told Russell the agency had a different interpretation of filling.

Russell said he did not have the details of the differences.

“The state, in developing the new rules which we adopted, did not want alteration of properties to create a drain field location that did not exist before,” Russell said.

He said that this property is in the flood plain but that had nothing to do with the law being applied here. Replying to questions from the board, Russell said the filling was done adequately to build safe septic systems but the filling appears to conflict with regulations.

Board members and Russell discussed whether this DEQ ruling could have an unintended consequence of allowing filling of flood plain properties for development in violation of an age-old rule against such action. Board members voted to postpone a decision until they had clarification of the DEQ administrative action.

In separate action, the board voted to support a city of Kalispell application seeking a $500,000 planning grant for a biomass sewage treatment plant that uses algae to convert sewage into electricity and fertilizer high in nitrogen.

This proposal expands on the small-scale concept in use at Stoltze Land and Lumber, where algae combined with lumber biomass produces methane gas used for electricity and fertilizer. A side benefit is that carbon dioxide is captured rather than released as a greenhouse gas.

Kalispell City Manager Jane Howington said the electricity would help power the existing sewage treatment plant. She said the city wanted a partnership with the county because the city has no enforcement power or regulatory control over septage hauled and disposed of from septic tanks.

Part of the planning grant would address regulation changes needed regarding septage spreading on land. Howington estimated this plant would cost $3 million to $5 million to build.

During department head reports at the meeting, Community Health Director Jody White outlined a plan to increase child immunizations.

She reviewed a four-pronged approach of cleaning up data collection, improving recall systems for second boosters, expanding publicity efforts and working on school and day-care compliance with immunization laws.

She passed out a draft of a letter going out to schools to ask for better compliance with laws requiring immunizations before allowing a student to enroll. White said some schools such as Columbia Falls were highly compliant. Others, such as schools in Bigfork and Whitefish, needed more enforcement.

During the Environmental Health Department report, Wendee Jacobs discussed restaurants with low inspection scores that were put on compliance plans. She said the experience with Marina Cay revealed a need to put deadlines for meeting plan mandates such as completing food safety courses.

The King Buffet also has been placed on a plan of compliance after receiving a C+ on an inspection and a C- on a follow up.

In the report, the inspector said it appeared that management did little to correct critical and non-critical items after the first inspection.

Although the restaurant plans to move into the old Barley’s Restaurant location and operate under a new name, Jacobs said compliance requirements remain.

Answering board member questions, Russell said the health department has the option of not validating licenses for restaurants following poor health and sanitation practices. The department then could file a complaint in District Court if the restaurant operates without a license.

Reporter Candace Chase may be reached at 758-4436 or by e-mail at cchase@dailyinterlake.com.