AB 885 - This State Bill has been in
both state houses for eight years and is on the verge of passage.
http://www.swrcb.ca.gov/water_issues/programs/septic_tanks/
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FAQ’s: http://www.waterboards.ca.gov/water_issues/programs/septic_tanks/docs/ab885septicregspres110608.pdf
Proposed Regulations and Proposed Statewide Waiver for Onsite
Wastewater Treatment Systems (OWTS) (Septic Systems)
The following discussion is intended to
present and briefly respond to frequently asked questions. The reader is
encouraged to review the actual language of the proposed regulations and
proposed waiver as well as the draft environmental impact report.
Why adopt regulations for onsite
wastewater treatment systems (septic systems)?
Legislation (AB 885, 2000 Jackson)
directed the State Water Board to adopt regulations
Water Code requires regulation of
discharges of waste that impair or threaten to impair surface water or
groundwater quality.
Septic systems, when properly sited:
Remove bacteria and viruses.
But allow soluble materials resistant
to degradation to reach and pollute groundwater and impair the quality of
groundwater and nearby surface water.
Why adopt a Statewide Waiver of Waste
Discharge Requirements in addition to regulations for septic systems?
Persons who discharge waste that
impairs or threatens to impair waters of the state must file a report of waste
discharge with the Regional Water Board.
A Water Boards may waive the reporting
of a discharge of waste for a type of discharge. A statewide waiver will allow
owners of septic systems to avoid filing a report of waste discharge so long as
the provisions of the waiver are complied with.
Are the requirements the same in the
proposed regulations and statewide waiver?
Yes.
How will the proposed
regulations and statewide waiver affect owners of existing septic systems?
• Owners must have their septic tanks
inspected for solids accumulations every five years by a qualified service
provider. Inspection cost ~$325.
• Owners with an onsite domestic well
on their property must:
Have a state certified analytical
laboratory analyze well water (groundwater) for specified constituents once every
five years and report the results electronically to the State Water Board.
Domestic well sampling and reporting costs ~$325.
• Owners whose existing septic systems
are within 600 feet of a surface water body that does not meet water quality
standards (impaired water body) will be subject to special requirements (more
later).
• Owners will have to keep
documentation to show that they are adhering to the regulations.
How will the proposed
regulations and statewide waiver affect owners of existing septic systems
within 600 feet of an impaired surface water body?
• Where existing septic systems have
been identified by a Regional Water Board to be contributing to the water
quality impairment (pollution) of specific surface water bodies, owners of septic
systems within 600 feet of the impaired surface water body will be required to:
Have a qualified professional determine
whether the septic system is contributing to the impairment.
If so, retrofit the septic system with
supplemental treatment ($45,000 approximate cost for a retrofit).
• Maps of impaired water bodies with
septic system discharges are on the Water Board website.
How will the proposed regulations and
statewide waiver affect the construction of new septic systems?
All requirements for existing septic
systems will apply to new septic systems plus the following:
1. A qualified professional to perform
a site assessment and design of all new septic systems, including
determinations of seasonal high groundwater.
2. New systems to be constructed by a
State licensed contractor or by the property owner.
3. New septic tanks to have effluent
devices (filters) that retain solids in excess of 3/16 inches in diameter.
4. New septic systems to be designed to
maximize soil treatment.
5. Three feet minimum depth to
groundwater or impermeable layer for conventional septic system. Two feet
minimum depth for systems with supplemental treatment.
6. New septic systems that use pumps to
have malfunction alarms and emergency tank capacity to store the waste flow for
up to 24 hours.
7. New septic systems to have an
operation and maintenance manual (O&M Manual). These O&M Manuals must
be provided to all subsequent property owners.
8. New septic systems within 600 feet
of an impaired surface water body where existing OWTS have been identified by a
Regional Water Board to be contributing to the impairment to have supplemental
treatment systems ($35,000 approximate cost for a new installation).
What other alternatives were considered
to the proposed regulations and statewide waiver?
No Project Alternative (Status
Quo)
Prescriptive Alternative
Matrix Alternative
Supplemental Treatment
Alternative
No Project Alternative (Status Quo)
• Local governments have requirements
that govern the design and construction permitting of septic tank systems.
• Each Regional Water Board has adopted
requirements for septic systems for the protection of surface water and
groundwater.
• This alternative was rejected
because:
AB 885 mandated statewide regulations.
State law that mandates the regulation
of discharges of waste through either waste discharge requirements or a
conditional waiver of such requirements.
Prescriptive Alternative
• The prescriptive alternative was
developed as a detailed set of design and operation requirements.
• This alternative was rejected
because:
It would have required extensive
revision of local ordinances
It received considerable opposition
from local government stakeholders.
Matrix Alternative
Developed by staff of the Central
Valley Water Board
Originally presented as a “matrix” of
requirements coupled with minimum land area requirements.
Although similar to the proposed
regulations, this alternative is more restrictive in allowance for supplemental
treatment systems and does set forth minimum land area requirements for septic
systems.
This alternative was rejected because
it would conflict with existing local government requirements for land use and
zoning.
Supplemental Treatment Alternative
Requires all new septic systems to
include supplemental treatment components and require all existing septic
systems to be converted to supplemental treatment within nine years.
This alternative would achieve
significant treatment for pathogens as well as other wastewater constituents
and provide higher protection of groundwater and surface water quality.
This alternative was rejected because
it is very costly to the septic system owner with new systems costing an
average of $35,000 for installation and an average of $45,000 to convert
existing systems.
Have the proposed regulations been peer
reviewed?
Yes the Peer Review is complete and
document was found to be satisfactory, with some small changes.
How is the Water Board complying with
the California Environmental Quality Act (CEQA)?
A draft environmental impact report
(DEIR) has been prepared for both the proposed regulations and statewide
waiver.
What significant potential
environmental impacts were identified in the DEIR if the proposed regulations
and statewide waiver were adopted?
What was proposed to avoid (mitigate)
the impacts?
Nitrate contamination of groundwater from all existing and new conventional septic
systems.
Mitigation: Supplemental treatment for all septic systems. This mitigation
measure is very expensive.
What fiscal and economic impacts were
identified?
Yearly annualized cost: $339 Million
Businesses impacted: 11,364
Jobs Created: 10,674
Businesses Created: 498
What is the timeline for these
regulatory actions?
November 7, 2008: Release documents for
public review and comment
November 7, 2008 – February 9, 2009: 90
day public comment period with 12 public meetings
Dec. thru April: Staff prepares
responses to comments and makes appropriate revisions to proposed regulations,
statewide waiver and DEIR.
August 2009 – 30 day comment period
ending with adoption of EIR, regulations and waiver
November 2009: Completion of OAL review
Jan. 1, 2010 – Effective date of
regulations
July 2010 – Implementation date of
regulations (AB 885 stipulated a six month delay)
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More in AB 885: http://www.swrcb.ca.gov/water_issues/programs/septic_tanks/
Overview of AB 885:
Assembly
Bill 885 is legislation related to statewide minimum standards for onsite
sewage treatment systems. The bill was signed in to law by Governor Gray Davis
on September 28, 2000. The bill was sponsored by the California Association of
Environmental Health Administrators (CAEHA) and was introduced by Assembly
Member Hannah Beth Jackson in February 1999.
The State of
California is only one of two states in the nation that does not have statewide
minimum standards for onsite sewage treatment systems. Specifically, AB 885 requires:
- The adoption of statewide standards or regulations for
existing, construction, and performance of onsite sewage disposal systems
by the State Water Resources Control Board by January 1, 2004. The
regulations will become effective six months after the regulations are
adopted. The current state budget contains an allocation of $300,000 for
the development of these standards. The future statewide standards will
not preempt local jurisdictions from having more protective or stringent
standards for protection of public health. Basin Plans will be amended to
include minimum statewide standards for existing, construction and
performance requirements for onsite sewage disposal systems, with local
provisions to address regional geological or hydrological conditions.
The standards to apply to any onsite sewage disposal system that:
·
is constructed or replaced on or
after July 1, 2004 (or six months after the adoption date of the regulations,
whichever is sooner)
·
is subject to a major repair
·
pools or discharges to the
surface of the ground
·
in the judgment of the Regional
Water Quality Control Board or the authorized agency has the reasonable
potential to cause a violation of water quality objectives, to impair present
or future beneficial uses of water, to cause pollution, nuisance, or
contamination of waters of the state.
·
The provision of financial
assistance to assist private property owners with existing systems whose cost
of compliance with these regulations exceeds one-half of one percent of the
value of their property.
(The above summary is provided by: Peggy
Langle, County of Santa Barbara Environmental Health Services Director)
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More info
APPENDIX B
· Proposed OWTS Regulations and Conditional Waiver PDF (41 pgs)

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