On-Site Waste Treatment Systems Proposed Policy 

The State Water Resources Control Board (Water Board) is wrapping up a series of public workshops on its draft State Policy for Onsite Wastewater Treatment Systems (OWTS) in Riverside on Monday, November 7. The draft policy is the result of legislation, AB 885 by Assembly Member Hannah Beth Jackson, which was signed into law by former Governor Gray Davis in September 2000. AB 885 requires the water board to develop uniform requirements for the minimum acceptable operation of septic tanks, including standards that protect the beneficial use of potentially affected water.

The approach summarized in the draft policy is much improved in comparison to the draft regulations that were released in 2008 and subsequently shelved as a result of very vocal opposition. Under the new “tiered” approach the OWTS owner’s compliance with the policy will depend upon which tier of the Policy their OWTS will be regulated. 
Despite the significant improvements, CSAC and the Regional Council of Rural Counties (RCRC) continue to have outstanding concerns with the draft policy. These concerns were expressed by Colusa County Supervisor Kim Dolbow-Vann at the Water Board workshop in Redding and Napa County Supervisor Diane Dillon at the recent workshop in Santa Rosa. Speaking on behalf of RCRC and CSAC, Supervisors Vann and Dillon expressed the following concerns with the current draft policy:

1. While the draft policy relies extensively on local county and city programs to regulate OWTS, the Regional Water Quality Control Boards are authorized to determine whether or not counties will be able to continue their existing local on-site programs. CSAC and RCRC have indicated that the final Policy must include additional mechanisms that will prevent Regional Water Quality Control Boards from imposing arbitrary and excessively stringent restrictions on county government as a condition of obtaining approval of the Local Agency Management Program.
2. Many of the listed requirements to obtain approval of the Local Agency Management Plan are indeed excessive and unnecessary. Compliance with all of the proposed requirements will be costly to local governments. They simply do not have the resources to take on new unfunded mandates.
3. The draft Policy requirements for new homes go far beyond those needed to protect against further impairment. For example, the Policy would require all new on-site systems within 600-feet of a pathogen-impaired water body to include advanced treatment technologies for bacteria removal along with costly monitoring requirements. Because it is excessive, CSAC and RCRC are requesting that the setback distance for requiring advanced treatment be reduced considerably.

These comments and others will be conveyed in writing to the Water Board by their November 14 deadline. Counties are also urged to submit comments. The Water Board’s adoption hearing will be scheduled in the future, possibly spring of 2012. Additional changes are expected.
Information regarding the OWTS policy is available on the State Water Board’s website.

Hazard Mitigation Workshop

The California Emergency Management Agency (CalEMA) is hosting a workshop on Thursday, November 10th from 9:00 a.m- 12:00 p.m. in Red Bluff, CA on Hazard Mitigation. CalEMA invites Representatives of Local government and staff, federal, regional, and state agency representatives, academia, elected officials and community leaders, consultants and tribes to participate. The workshop will focus on why communities should have a Local Hazard Mitigation Plan (LHMP) and updating your LHMP. For more information, visit the CalEMA website.