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May 14, 2009

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New septic system regulations
could cost homeowners  


By Christy Scott

The Alpine Sun

     The California State Water Resources Control Board is currently considering new regulations regarding onsite wastewater treatment systems (septic systems). The new rules come nearly ten years after a state bill was approved requiring statewide wastewater regulation.
     Assembly Bill 885 was approved by the California State Legislature, signed into law in September 2000, and directed the State Water Resources Control Board to promulgate a statewide wastewater regulation by the year 2004. A draft regulation and Notice of Preparation (NOP) for CEQA were released in February 2005. A revised draft of the regulation and DEIR were released Nov. 7, 2008.
     The proposed regulations will impose several requirements on current septic system owners, which will end up costing property owners.
     The new regulations state that septic tank must be inspected every 5 years by a service provider and pumped if solids level is 25 percent of tank depth (Inspection cost — $325). If parcel uses domestic well, owners must either install monitoring well 100-foot down-gradient from the septic system or monitor their domestic well.
     Sampling must be done every 5 years for a variety of constituents and report the results electronically to the State Water Board. (Domestic well sampling and reporting costs — $325).
Owners will have to keep documentation to show that they are adhering to the regulations. In an instance where an owner’s system is damaged or not functioning properly, he could be required to retrofit the septic system with supplemental treatment ($45,000 approximate cost for a retrofit).
     Newly constructed septic systems will have even more stringent requirements, including: Filters that retain solids in excess of 3/16 inches in diameter; malfunction alarms and emergency tank capacity to store the waste flow for up to 24 hours.
     The first public comment period on the proposed regulations ended in February of this year. During the three-month period the Water Board received more than 2,500 e-mail comments and hundreds of comment letters, and recorded many hours of oral comments from 12 public workshops held throughout the state.
     The board is now compiling all of the many comments, and will draft revised regulations based on the public comments received. When a new set of draft regulations is written, will notice another public comment period so that all stakeholders have a chance to provide input.
     Depending on the extent of the recommended revisions to the proposed regulations, staff will also need to modify or redraft the environmental impact report.
     Board staff will be working to develop a new proposal, based on input, within the next 3-5 months. The extent of revisions to the new regulatory proposal will be an important factor in how long it takes to modify or redraft the environmental impact report. Staff is hopeful that this work can be accomplished within 12 months.
     According to supporters, AB 885 requires regulation of discharges of waste to protect surface water and groundwater quality.

Anderson fights to halt costly new septic rules
     Gerry Giguere and his wife Kit live on a fixed income and don’t want to lose their home over a new septic regulation.
     “This is big-government insanity,” said Gerry Giguere, whose home in rural east county requires a septic system and well.
     California will soon impose new regulations, which could cost up to $650 for septic tank owners. The fees would pay for mandatory inspections of all septic tanks and could force many to pay for costly upgrades.
     The new regulations provide no assistance for fixed- or low-income families dependent on septic systems. The Gigueres worry that they will not be able to afford essential living expenses.
     “Just paying the inspection fee for my tank and well is going to cost $650.... if they tell us to upgrade… it’s going to be thousands. We can’t afford that.”
     The Gigueres and other septic owners question the necessity of the mandatory inspections. “We’ve been drinking water from the well on our property for 23 years,” said Kit Giguere. “We’ve had it tested and it’s safe.”
     Assemblyman Joel Anderson (R-El Cajon) wasted no time co-authoring a solution to this costly and unnecessary law. Assembly Bill 268 would repeal the onerous regulation signed into law by in 2000.
     “This is a classic example of bloated government run amok with a suffocating regulatory scheme,” said Anderson. “With 11 percent unemployment, and families struggling to get by, the last thing anyone needs is another costly, redundant regulation from big state government.”
     Anderson also points out that local water boards already monitor ground water quality and regulate when necessary. “I served on a local water district. I can tell you that locally controlled agencies already protect water quality effectively,” he said.
     The San Diego County Environmental Health Department estimates that there are between 80,000 and 100,000 septic systems in the county.



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