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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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