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  Regular-Community Services   # 28.       
Board of Supervisors Meeting   
Meeting Date: 03/24/2015  
Brief Title:    Update on the Inspections at Time of Sale Ordinance
From: Taro Echiburu, Director, PPWES
Staff Contact: Leslie Lindbo, Director of Environmental Health, PPWES, x8581
Supervisorial District Impact:

Subject
Receive update on the draft Inspections at Time of Sale ordinance, approve additional water quality analysis requirement to include hexavalent chromium, and approve plan and timeline for next steps. (No general fund impact) (Echiburu/Lindbo)
Recommended Action
A. Receive update on draft Inspections at Time of Sale Ordinance
B. Approve additional water quality analysis requirement to include hexavalent chromium
C. Approve plan and timeline for next steps
Strategic Plan Goal(s)
Protect open space and the environment
Reason for Recommended Action/Background
In 2010 the Board of Supervisors directed the Environmental Health Division (EHD) to draft amendments to the County Ordinance that will require the following prior to real estate property sale:
• Inspection of the onsite septic system;
• Inspection of the physical condition and visible surface features of the domestic well;
• Analysis of the domestic well water quality for coliform, nitrate, and arsenic;
• Determination of well yield to assure adequate water resources to serve the property; and
• Disclosure to the buyer of the findings prior to property transfer.

EHD is returning to the Board to report on the progress, including results of stakeholder outreach; and to receive direction on proposed next steps. The draft ordinance is provided in Attachment A.

The requested action was due to increasing public concern over ground water quality, especially related to Nitrate contamination and aging and failing septic systems in the County. Furthermore, there have been several examples of property sale transactions within Yolo County where the buyer was not made aware of well water quality, working condition of the septic system, and/or unpermitted habitable structures that lacked approved well and septic connections.

Stakeholder outreach included real estate agents and brokers, well drillers, pump installers, Yolo County Farm Bureau, and septic system contractors. EHD also heard from individual homeowners regarding the proposed ordinance. A report on recommendations, results of stakeholder outreach, alternatives, and proposed timeline are provided in Attachment B. A flow chart of the requirements proposed in the ordinance is provided in Attachment C.

Recent findings of water quality analyses completed in Yolo County show that hexavalent chromium, a chemical carcinogen, has been found in some public water wells within Yolo County at levels that exceed the maximum contaminant level established by the California State Water Resources Control Board for public water systems. Therefore, EHD is recommending that hexavalent chromium should be added to the water quality analyses proposed in this draft ordinance.

Hexavalent chromium can be either naturally occurring or due to groundwater contamination by industrial wastes. Hexavalent chromium is known to cause cancer when inhaled and is linked to cancer when ingested. Levels of hexavalent chromium can be reduced in water with reverse osmosis treatment. With knowledge of water quality contaminants a home owner can install a treatment device that will lower the chemical concentration of hexavalent chromium; or the owner or resident can choose to use bottled drinking water.
 
The requested action has taken longer than expected. This was due to EHD underestimating the time and resources needed to complete research required to write the draft ordinance and to conduct stakeholder outreach. Furthermore, other County initiatives, such as the department reorganization, created competing demands and required prioritizing assignments.

Collaborations (including Board advisory groups and external partner agencies)
Yolo County Realtors Association
Individual realtors and brokers
Real Estate Fraud Advisory Team for Yolo County
Yolo County Farm Bureau
Septic system contractors
Well drilling contractors

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
Costs for staff time on the requested action are incorporated in the overhead of the Environmental Health Division. The program, once implemented, may have some County costs during the initial implementation, but is proposed to be self-funded through fees once it is up and running.
Attachments
Att. A. Proposed Ordinance
Att. B. Progress Report
Att C. Flow Chart

Form Review
Inbox Reviewed By Date
Leslie Lindbo (Originator) Leslie Lindbo 03/12/2015 03:15 PM
County Counsel Hope Welton 03/16/2015 05:00 PM
Form Started By: Leslie Lindbo Started On: 02/17/2015 01:46 PM
Final Approval Date: 03/16/2015

    

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