The State Water Resources Control
Board has been accepting public comments on the Environmental Impact Report concerning
draft regulations and standards for permitting and operation of onsite sewage systems
(septic tanks.) This implements AB 885, which was adopted in by the CA legislature in
2000. The draft regulations and standards have not been well-received at various public
hearings around the state and it appears that there will be a re-draft. http://www.swrcb.ca.gov/water_issues/programs/septic_tanks/index.shtml
At this point, Siskiyou County itself is technically under the
jurisdiction of two different Water Quality Control Boards. Each has its own standards.
(The new regulations hope to achieve statewide consistency in standards.) Currently, the
County operates the actual regulatory program with sewage system standards which are
consistent with the existing regional standards. Public Health and Community Development
Dept. Head Terry Barber assured the Board of Supervisors that the County is in good shape
on its compliance record. Many Counties are not. The regulations will require a new MOU
with the Water Quality Boards to allow the County to continue as the implementing agency.
If not done at the County level, the program would default to the Regional Water Quality
Board with the likelihood of a long waiting period and expensive requirements that an
engineer certify the inspection
There are several problems with the new regulations. The currently
proposed regulations for new construction will require the addition of a filter in the
tank, septic tank risers, modifications to tank construction and a larger leach field.
This will add about $300 to the cost of the system and may cause problems for smaller
lots.
In our county, an employee from the Public Health and Community
Development can meet on-site with the property owner/developer and view the site and soil
conditions. They can then design the septic system based on soil type, perc rate and
dwelling features. They will also inspect the construction. The new regulations fail to
recognize staff evaluation and design services, requiring developers to obtain a
consultant to do the work instead.
When a “supplemental treatment system” or alternative
system is required, these will be subject to strict performance standards. The owner will
be issued an individual operating permit, which in turn requires a contract with a
qualified service provider for regular maintenance and sampling. These monitoring
requirements will also add expense to the owner
Controversial sections of the new regulations require very expensive
upgrades or replacements of systems within 600 feet of surface water that is impaired for
nitrates or pathogens. There are no waterbodies currently listed in Siskiyou County as
impaired for these pollutants, so the provision would not affect anyone locally. There is
also a provision that all systems have at least five feet of continuous soil beneath the
trench unless it can be demonstrated that water quality in the immediate vicinity will not
be affected. (Current guidelines require only three feet.)
Under new regulations, the property owner is responsible for ensuring
that their tank is inspected, (not pumped or repaired,) and a water sample for bacteria
and minerals taken every five years. Documentation is to be kept by the landowner and
disclosed upon sale of the property. At this point, there is no local or statewide
enforcement proposed, but this could be a future likelihood.
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