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Proposed State Onsite Wastewater PolicyPrepared for:Butte County Wastewater StakeholdersPresented by:Nick Weigel, P,E, ChairButte County Wastewater Advisory CommitteeMark Adams, P.E., PresidentCalifornia Onsite Wastewater AssociationBrad Banner, DirectorButte County Public Health DepartmentWhen and Where:October 18, 2011 October 20, 2011Oroville Association of Realtors Chico Association of Realtors2-4 p.m. 2-4 p.m.
slide3
Background
  • Water Quality Regulation in California:
  • State Water Board
  • Regional Water Boards
  • Basin Plans
  • Onsite Wastewater Guidelines
  • Report of Waste Discharge
  • Waste Discharge Requirements
  • Conditional Waiver
slide4
Background

(Continued)

  • Assembly Bill 885:
  • 13291. (a) On or before January 1, 2004, the state board, (in consultation with…) shall adopt regulations or standards for… :
    • Any system that is constructed or replaced
    • (2) Any system that is subject to a major repair
    • (3) Any system that pools or discharges to the surface.
    • (4) Any system that, in the judgment of a regional board or authorized local agency, discharges waste that has the reasonable potential to cause a violation of water quality objectives, or to impair present or future beneficial uses of water, to cause pollution, nuisance, or contamination of the waters of the state.
slide5
Background

(Continued)

Brief History of AB 885:

1998: Bill designed to address pollution problems around

Malibu and along 2 waterways in Southern California

2000: Term “the coastal zone” removed from bill’s text, increasing coverage to the entire State

Assembly Bill 885 approved, requiring state regulation by January 2004

2006: Draft regulation and DEIR released for public comment

slide6
Background

(Continued)

Brief History of AB 885 (continued):

2007: Matrix released by Central Valley RWQCB as an addendum

2008: Revised draft regulation released

2009: Stakeholder meetings

2010: Public hearings on AB 885, over 2,500 comments that were mostly negative

Draft regulation abandoned by State Water Board

slide7
Background

(Continued)

Brief History of AB 885 (continued):

2011: (February) Coast Law Group LLP (Encinitas) files a law suit against State Water Board on behalf of Heal the Ocean (Santa Barbara) and Heal the Bay (Santa Monica) for not adopting regulations as required by AB 885

New State Water Board staff begins working with RCRC and CCDEH to develop a more flexible regulation

(March) Regulation changed to “policy” and state begins working on first draft with RCRC and CCDEH exclusively

(April) Initial study for environmental review of (yet unreleased) policy

slide8
Background

(Continued)

Brief History of AB 885 (continued):

2011: (September 30, 2011) Draft policy released

Workshops planned for October 24, October 28, November 2, November 7 (more info at end of presentation)

Public comment period ends (November 30)

2012: (March or April) Adoption hearing

Initial Waiver

2017: Potential program revision at beginning of next 5-year waiver review cycle

slide10
Tiered Requirements
  • State Board Objectives:
    • Satisfy statues and comply with AB 885
    • Create a framework for local agencies and Water Boards to do what each does best
    • Manage OWTS going forward, only dealing with existing systems where problem is proven
    • Not create the perfect Policy, but one that moves the state forward and adjusts over time
    • Address impaired water bodies where septic systems are a contributor
slide11
Tiered Requirements

(Continued)

  • Policy Format:
    • Definitions
    • Responsibilities and duties
      • OWTS owners
      • Local agencies
      • Regional Water Board
      • State Water Board
    • Tiers 0 through 4 requirements
    • Conditional waiver
    • Attachment 1:Timeline
    • Attachment 2: Names/locations of impaired waters
slide12
Tiered Requirements

(Continued)

Tier Zero: Existing OWTS that are functioning properly and are not adjacent to septic-polluted surface waters (10,000 gallons or less)

Tier One: New or replaced OWTS that meet low-risk siting and design criteria (3,500 gallons or less)

Tier Two: New or replaced OWTS covered by a Local Agency Management Program (10,000 gallons or less)

Tier Three: OWTS associated with impaired water bodies and septic polluted surface waters (10,000 gallons or less)

Tier Four: OWTS requiring corrective action

slide13
Tiered Requirements

(Continued)

  • Tier 0: Existing Systems
  • No impact to homeowner, if of OWTS:
        • Operating properly (not failing)
        • Used as designed
slide14
Tiered Requirements

(Continued)

  • Tier 1: No local program
  • Minimum requirements for sites “ideal” for OWTS:
          • Site evaluation and system design by PE, PG, or REHS
          • System installed by state certified contractor
          • 5 feet vertical separation to hardpan; 5-20 feet vertical separation to groundwater based on percolation rate of soil
          • Rock fragment content of solid not more than 50% by volume
          • Soil percolation 1-90 minutes per inch
          • Slope no greater than 25%
          • Trench no deeper than 10 feet
          • IAPMO certifed septic tanks with risers
slide15
Tiered Requirements

(Continued)

  • Tier 2: Local Agency Management Program
  • Program element alternatives:
  • Regional Water Boards will consider local programs that differ from Tier 1 requirements, but continue to protect groundwater through OWTS:
        • Design requirements
        • Siting controls, such as system density and setback requirements
        • Monitoring and maintenance requirements
        • Creation of onsite management districts
slide16
Tiered Requirements

(Continued)

  • Tier 2: Local Agency Management Program
  • Program submittal requirements:
        • Requirements for existing OWTS inspection, monitoring, maintenance, and repairs
        • Assurance that repairs are brought into conformance with program requirements “to the greatest extent practicable”
        • Education, training, certification and/or licensing requirements for onsite wastewater professionals
slide17
Tiered Requirements

(Continued)

  • Tier 2: Local Agency Management Program
  • Program submittal requirements (continued):
        • Educational outreach program for property buyers, including information about their supplemental treatment systems
        • Septage management plan
        • Use of onsite management districts
        • Regional Salt and Nutrient Management Plans
slide18
Tiered Requirements

(Continued)

  • Tier 2: Local Agency Management Program
  • Program submittal requirements (continued):
        • Detail specific deviations from Tier 1 requirements and how all the criteria in the local program work together to achieve a comparable level of water quality protection.
  • Local agency responsibilities:
        • Records of numbers/location of complaints
        • Records of numbers/location of OWTS servicing and pumping
slide19
Tiered Requirements

(Continued)

  • Tier 2: Local Agency Management Program
  • Local agency responsibilities (continued):
        • Records of number/location of repairs and new systems
        • List of new OWTS within 500 feet of sewer system
        • Monitoring program for nitrates and pathogens in surface and groundwater (existing data may be used)
        • Submit annual report and needed program changes every three years
slide20
Tiered Requirements

(Continued)

  • Tier 2: Local Agency Management Program
  • Prohibitions:
        • Cess pools
        • System with design flow over 10,000 gallons per day
        • Surface disposal or impoundment
        • Slopes greater than 30% without slope stability report
        • Decreased drainfield area by more than 30% for chamber systems
slide21
Tiered Requirements

(Continued)

  • Tier 2: Local Agency Management Program
  • Prohibitions:
      • Supplemental treatment system without periodic monitoring
      • System receiving only RV waste
      • Vertical separation to groundwater less than 2 feet with supplemental treatment
slide22
Tiered Requirements

(Continued)

  • Tier 3: Impaired Water
  • TMDL Process:
        • What Is The TMDL Process?
          • Total Maximum Daily Load is a requirement in the Federal Clean Water Act that establishes allowable loadings of pollutants to a pollution-impaired waterbody.
slide23
Tiered Requirements

(Continued)

  • Tier 3: Impaired Water
  • TMDL Process (continued):
        • The process has three steps:
          • Identify and prepare a 303(d) list of impaired waters
          • Establish Priority Waters/Watersheds for remedial action
          • Develop TMDLs that will achieve water quality standards
slide25
Tiered Requirements

(Continued)

303(d) Impaired Waters:

(For Nitrates and Pathogens)

Region 1: 11

Region 2: 14

Region 3: 7

Region 4: 21

Region 5: 4

Region 6: 0

Region 7: 4

Region 8: 14

Region 9: 9

Butte County: 0

slide26
Tiered Requirements

(Continued)

  • Tier 3: Impaired Water
  • All agencies with impaired waters must have Advanced Protection Management Plan for new and replacement OWTS
  • Impaired Waterway with TMDL
        • Advanced Protection Management Plan requirements must be consistent with TMDL
  • Impaired Waterway without TMDL
        • Advanced Protection Management Plan requirements must be consistent with Tier 3 requirements
slide27
Tiered Requirements

(Continued)

  • Tier 3: Impaired Water
      • Impaired Waterway without TMDL
        • Develop TMDL within 5 years
    • Impaired Waterway without TMDL after 5 years
        • Supplemental treatment for any sewage discharge within 100 feet of impaired waterway within 2 years
slide28
Tiered Requirements

(Continued)

Tier 3: Impaired Water

No TMDL after 5 years, requirements to become effective in 2 more years:

600 feet

100 feet

Nitrate Problems

(New/Replacement Systems)

50% reduction

Impaired Waterway

  • Pathogen Problems
  • (New/Replacement Systems)
  • TSS 30 mg/l
  • FC 200 MPN/100 ml
  • Vertical Separation 3 feet
  • All Systems
  • TSS 30 mg/l
  • FC 200 MPN/100 ml
  • Vertical Separation 3 feet
slide29
Tiered Requirements

(Continued)

  • Tier 3: Impaired Water
  • Other requirements
        • Description of inspection report that may be submitted by a system owner during TMDL assessment
        • Prohibitions same as Tier 2
        • Setbacks same as Tier 1 and 2
        • Exemption for parcels connecting to a sewer system
        • Same system monitoring requirements as Tier 2
        • Alarms, telemetry, inspection requirements for supplemental treatment and disinfection equipment
slide30
Tiered Requirements

(Continued)

  • Tier 4: System Repairs
  • Major repair defined
        • Poolng effluent
        • Discharge of wastewater to the surface (of the ground)
        • Wastewater backup into plumbing fixtures because of lack of percolation
        • Septic tank baffle or structural failure
    • Septic tank must be brought up to Tier 1 or 2 standards
slide31
Tiered Requirements

(Continued)

  • Tier 4: System Repairs
  • Other requirements
      • Correct OWTS receiving more sewage than design flow
      • Broken components must be repaired (d-box, crushed pipe)
      • Correct OWTS if it makes ground or surface water unfit to drink or use or causes nuisance
      • If not corrected, OWTS owner must submit Report of Waste Discharge to the Regional Water Quality Control Board
slide33
Anticipated Impact

(Continued)

Comparison with Tier 1

slide34
Anticipated Impact

(Continued)

Comparison with Tier 1

slide35
Anticipated Impact

(Continued)

Comparison with Tier 1

slide36
Anticipated Impact

(Continued)

Comparison with Tier 1

slide37
Anticipated Impact

(Continued)

  • Other new requirements and procedures:
          • 3.3 Annual report
          • 4.2 Regional Board may adopt more restrictive standards
          • 4.3 Regional Board has 90 days to review Local Agency Management Plans
          • 4.4.4 Local jurisdiction may appeal Regional Board determination to the State Water Board
slide38
Anticipated Impact

(Continued)

  • Other new requirements and procedures:
          • 9.3.8 Requirements for ongoing monitoring and assessment of ground and surface water (with emphasis on existing sources of data)
          • 9.3.9 Annual report to Regional Board
                • Report every 3 years on needed changes in Local Agency Management Program
slide39
Anticipated Impact

(Continued)

  • Factors that may minimize local impact:
        • Requirements in our Ordinance and Manual are science-based, comprehensive, and flexible
    • Science-based throughout
    • Comprehensive
    • Built in flexibility
    • Based on broad framework provided by Questa Engineering
slide40
Anticipated Impact

(Continued)

  • Factors that may minimize local impact:
        • Requirements in our Ordinance and Manual are science-based, comprehensive, and flexible
    • Substantially consistent with original AB 885 requirements
    • Enjoyed the active participation of Regional Board staff and local wastewater professionals over a 4 year period
    • Has been widely viewed as a model by other jurisdictions
slide41
Anticipated Impact

(Continued)

  • Factors that may minimize local impact:
        • Regional Boards directed to consider past performance of local program to protect water quality and “where this as been achieved with criteria differing form Tier 1or other prescribed criteral, shall not necessarily require modifications to the program for purposes of uniformity.”
slide43
Water Board Workshops

1-4 p.m. and 6-9 p.m.

slide44
Butte County Information Center

.

1

www.buttecounty.net/publichealth

2

slide45
Butte County Information Center

.

Headlines and Hot Topics

Draft AB 885 policy

Link to the Water Board website for draft policy

This presentation

3

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