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Ramifications of AB 885 on Siskiyou County Public Health and Groundwater Protection

This article discusses the impact of AB 885 on onsite wastewater treatment systems (OWTS) in Siskiyou County. It provides information on the county's septic systems, the history of AB 885, and the state's OWTS policy. The challenges faced by Siskiyou County in meeting Tier 1 standards are also explored.

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Ramifications of AB 885 on Siskiyou County Public Health and Groundwater Protection

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  1. STATE WATER RESOURCES CONTROL BOARDPOLICY FOR ON-SITE WASTE WATER TREATMENT SYSTEMS • SB 885 • EFFECTIVE MAY 13, 2013 • DUE MAY 2018

  2. ONSITE WASTEWATER TREATMENT SYSTEMS (OWTS) RAMIFICATION OF AB 885 ON SISKIYOU COUNTY

  3. PUBLIC HEALTH AND GROUNDWATER PROTECTION PERSPECTIVE. • Approximately 11,700 septic systems in the county • 1,471 permitted replacements to date since 1967 • County wide septic system average life span is 24 years • 291 alternative engineered systems • North County (Montague, Copco lake, Irongate Lake Estates) is an area of heavy clay soils. Percolation rate in the 120 minute per inch range. Groundwater is generally deep 80 feet plus. Area of high evapotranspiration. Less than 20 inches of rainfall annually • South County generally faster percolating volcanic ash soils with higher groundwater concerns in some areas. Shallow ground water areas are serviced by alternative system including mounds, sand-filters, pressure dose and approved small manufactured treatment systems. • East and West County variety of soil and groundwater elevation conditions that are evaluated and prescribed appropriate OWTS.

  4. HISTORY OF AB 885 • AB 885 was adopted in September 2000 • Required State Water Resources, on or before January 1, 2004, to consult with agencies and interested parties to develop and adopt regulations and standards for the permitting and operation of onsite sewage treatment systems • Siskiyou County Environmental Health was active early on in the process expressing concerns to the State regarding impacts of AB 885 on rural counties. • Efforts failed: In June 2005 the State issued Notice of Intent to prepare an EIR for the proposed onsite wastewater regulations • June 2012: The Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (OWTS) was adopted • May 2013: Policy became effective by the Office of Administrative Law

  5. WATER BOARD OWTS POLICY SUMMARY The State has developed a four (4) risk based Tier system. Tier 0: Existing Septic Systems that are properly functioning. Tier 1: LOW RISK: New or replacement Septic Systems that meet the State Set minimum standards, where there is not an approved Local Area Management Program. (LAMP) Tier 2: LOW RISK: Permitted new or replacement septic systems that meet the standards developed by the local jurisdiction and approved by the State Water Board.(State approved LAMP) Tier 3: Special, enhanced Septic Treatment Systems located near impaired water bodies. Tier 4: Septic Systems that are in a state of failure.

  6. NUT SHELL If your septic system is permitted and functioning your are good until it fails. If you need to install a new septic system, replace or upgrade your existing septic system, you will be required to meet the standards set by the State in Tier 1. OR Meet the standards (of the LAMP) developed by the local jurisdiction (approved by the State) Tier 2 If your septic system is proposed to be in a HIGH RISK area near an impaired water body you must meet the requirements of Tier 3 (Fortunately to date there are no designated impaired water bodies in Siskiyou County) If your septic system is in a state of failure, it shall be replaced to the standards of Tier 1, Tier 2, or Tier 3 which ever is applicable. (Systems that are failed to Tier 4 until fixed and reassigned to Tier 1,2,or 3.)

  7. REALITY • As of May 13, 2013 local jurisdictions were given five (5) years to develop and receive approval from the State Water Board a local area management program (LAMP) or default to the Tier 1 standards developed by the State Water Board. • Counties had the option of adopting the State Tier 1 program or developing a local program. If Counties did not have an approved Tier 2 program, they are expected to implement the Tier 1 State standards. • Tier 1 standards are much more restrictive than our current standards that were developed base on the former North Coast and Central Valley Regional Water Quality Control Board Basin plans. • Primary impacts of Tier 1 program • Tier 1 does not prohibits conventional septic systems if soil perc rates are > 60mpi. • Conventional septic systems would be greater than twice the current size. • Result in many more alternative engineered systems. • Adoption of the Tier 1 State standards will severely limit development potential in many areas of the County and significantly increase the cost of OWTS offering very little gain in any to public health and ground water protection. • The process to develop and obtain State approval of a Tier 2 (LAMP) is lengthy and should have been initiated years prior. • Community Development – Environmental Health has requested a time extension and started the process of developing an Tier 2 program that effectively mirrors the existing program.

  8. CHALLENGES: SISKIYOU’S CURRENT PROGRAM VS TIER 1 STANDARD

  9. GROUND WATER SEPARATION CONVENTIONAL LEACH FIELD

  10. TYPICAL THREE BEDROOM HOME- CONVENTIONAL SEPTIC SYSTEM DESIGN FOR A 120 MIN/INCH PERC RATE

  11. TYPICAL FOR A THREE BEDROOM - TIER 1 CONVENTIONAL SYSTEM HOME WITH A 120 MIN/IN PERC RATE

  12. PROCESS • Develop a Draft Siskiyou County Onsite Wastewater Treatment System (OWTS) Regulations and Technical Manual. • Develop a Draft Siskiyou County Local Agency Management Program. (LAMP) • Develop/revise Draft Siskiyou County Code to adopt the LAMP and OWTS technical manual.

  13. PROCESS AND TIME LINE FEBRUARY • Requested extension (denied) MARCH • BOS update. • Develop draft documents. APRIL • Develop draft documents. • Public outreach. • Incorporate comments. Continue to develop/revise draft documents. MAY • Public outreach. • Revise draft documents as needed. • Draft policy and ordinance revisions to county council for review. • Complete required revisions. JUNE • Present the Siskiyou County proposed LAMP to BOS for approval to submit to the North Coast Regional Water Quality Control Board (NCRWQCB), may also require concurrence from the Central Valley Region. • Submit to NCRWQCB for review. ??? • NCRWQCB has one year to approve. Policy negotiation. Significant revisions will require changes approved by county council and the BOS. • Once the NCRWQCB approves, the BOS will need to vote on adopting the new policy, revised ordinance, and a potential new fee resolution.

  14. CONCLUSIONS • OUR CURRENT PROGRAM HAS BEEN EFFECTIVE PROTECTING BOTH PUBLIC HEALTH AND GROUNDWATER • THE TIER 2 PROGRAM WILL SIGNIFICANTLY INCREASE THE ADMINISTRATION DUTIES OF OUR ONSITE WASTEWATER PROGRAM • THERE WILL BE INCREASED COST TO RURAL RESIDENTIAL DEVELOPMENT AND OUR CONSTITUENTS TO SATISFY THE NEW STANDARDS • THE TIER 1 STATE ALTERNATIVE WOULD BE MUCH MORE COSTLY

  15. THANK YOU QUESTIONS?

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