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C.21

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	April 28, 2009

Contra

Costa

County

Subject:

SUPPORT POSITION for AB 268 (Gaines): Onsite Sewage Treatment Systems

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/28/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

L. DeLaney, 5-1097

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: April 28, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

SUPPORT Assembly Bill 268 (Gaines), legislation that would repeal current requirements for the State Water Resources Control Board (SWRCB) to adopt regulation and standards for the safe operation of on-site waste treatment systems (OWTS), as recommended by the Health Services Director.

FISCAL IMPACT:

The repeal of the requirements of AB 885 may result in savings to the SWRCB as well as local agencies for decreased enforcement of OWTS.

BACKGROUND:

EXISITING LAW:

BACKGROUND: (CONT'D)

1) The Porter-Cologne Water Quality Control Act creates the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCBs) and provides these entities with various responsibilities relating to water quality.

2) Authorizes the RWQCBs to prohibit the discharge of waste from onsite systems. Generally, local health officers are charged with protecting the health of members of the public. Regional boards are charged with protecting the beneficial uses of the resources.

3) Under the provisions of AB 885 (Jackson) Chapter 781, Statutes of 2000, requires the SWQCB to provide statewide minimum requirements related to the permitting and operation of OWTS.

According to the SWRCB, the current practice of regulating OWTS has led to inconsistencies among the various RWQCBs and among the numerous local agencies in California's 58 counties. For example, although most counties have some type of minimum performance requirements and siting and design requirements specifically for OWTS and such requirements vary greatly from one jurisdiction to another. California is one of only two states that do not have statewide OWTS regulations. The inconsistency in regional and local OWTS requirements and related lack of statewide regulations, along with the public health and environmental issues and related incidents, are the primary reasons why AB 885 was introduced by Assembly member Hannah Beth Jackson in February 1999 and passed by the California Legislature and signed into law in 2000 (Chapter 781, Statutes of 2000).

The following is an analysis of AB 268 (Gaines) prepared by the County's Director of Environmental Health, Sherman Quinlan:

"I believe that the repeal of AB 885 is necessary. In order to allow opportunity for the Legislature to set reasonable, state-wide minimum standards for onsite wastewater treatment systems (OWTS), a fresh start is needed.

I believe that AB 885 was born out of legislative, regulatory and industry frustration with inconsistency across the State regarding requirements for OWTS. This regulatory inconsistency led to some water quality regions with many ineffective OWTS in areas sensitive to water quality degradation.

Regional Water Quality Control Boards (Regional Boards) had for many years established waivers of their Waste Discharge Requirements (WDR) to allow local agencies like Contra Costa Environmental Health to issue permits for, and otherwise regulate, small OWTS that would normally serve households and small commercial dischargers. Regional Boards could thereby focus their regulatory efforts on the larger, usually publicly-owned sewage treatment plants and other sources of water contamination in their regions.

In my opinion, the Regional Boards had, and continue to have, too much discretion over how they issue their WDR waivers for OWTS. For example, many differences are apparent in what the Central Valley Regional Board allows, compared to what the North Coast or San Francisco Bay Regional Boards allow. This may have contributed to the poor water quality in the Sacramento and San Joaquin Rivers, with reduced fish populations and other problems.

Here in Contra Costa County, we have very high standards and enforcement for protecting our ground and surface waters. As much as regional differences in topography, soil, water resources (above and below ground), weather, population density, agricultural operations and many other variables should be considered in the WDR waiver decisions made by Regional Boards, there are minimum, scientifically-based criteria for these waivers that should be applied uniformly, state-wide, by all the Regional Boards. These state-wide criteria should be selected from the best management practices for OWTS and promulgated by the State Water Resources Control Board (Control Board), under new State legislation to replace AB 885.

Currently, AB 885 requires the Control Board to come up with state-wide regulations for OWTS that would be enforced by local agencies, by-passing the Regional Boards. This means that AB 885 forces a "one-size-fits-all" regulation on the entire State. This "one-size..." thinking has led to much consternation and disagreement among stakeholders. I believe the better approach is to require the Control Board to set minimum criteria for all the Regional Boards to apply whenever they evaluate local OWTS ordinances, regulations and practices and make decisions about WDR waivers.

This change would preserve the authority of the Regional Boards to apply the State-wide criteria in ways that still accommodate regional differences, but with greater conformity to best management practice, scientifically-based, health protective, environmentally sound and financially feasible standards for OWTS.

Those at the Control Board have worked hard to comply with an unworkable legislative mandate. It is time to put AB 885 to rest and start fresh with new legislation that will give criteria to the Regional Boards that they must apply before they issue waivers to local agencies for permitting and otherwise regulating OWTS in their jurisdictions. This will establish minimum State standards for OWTS while allowing flexibility, with restraint, for Regional Boards to accommodate regional differences. As a side benefit, this will also allow Regional Boards opportunity to integrate their implementation of Clean Water Program (Storm Water Management) responsibilities with waivers for OWTS regulation.

With this change, I believe we can expect to see much greater consistency in the application of best management practice criteria for OWTS throughout the State of California, as well as improved uniformity in the regulatory patterns within water quality regions of our State. I think this should be our objective, in support of the goal of protecting ground and surface waters from contamination."

REGISTERED SUPPORT / OPPOSITION:

Support

City of Auburn City of Hesperia El Dorado County Joint Chamber of Commerce Esltill Ranches, Eagleville Howard Jarvis Taxpayers Association Plumbing-Heating-Cooling Contractors of California Robin Yonash, Colfax Sonoma County Land Rights Coalition Yuba County

Opposition

California Coastkeeper Alliance, Clean Water Action, Heal the Bay, State Building and Construction Trades Council