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Regular-Community Services # 29.
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| Board of Supervisors Meeting |
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| Subject |
| Receive progress report on the update of the Yolo County Ordinance related to wells and water quality. (No general fund impact) (Echiburu/Lindbo) |
| Recommended Action |
Receive progress report on the update of the Yolo County Ordinance related to wells and water quality.
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| Strategic Plan Goal(s) |
Protect open space and the environment
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| Reason for Recommended Action/Background |
In 2010 the Environmental Health Division (EHD) was directed to prepare updates to the Yolo County Code related to wells and septic systems to incorporate the 2030 General Plan Actions, current State standards and modern industry practices.
EHD is returning to the Board to report on progress, including results of stakeholder outreach. This report will focus on proposed changes to the County Code pertaining to wells and water quality. A report regarding updates to the septic system requirements is tentatively scheduled for the Board of Supervisors hearing on April 7, 2015.
The requested action has taken longer than expected. This was due to unexpected competing demands on time and resources. Additionally, the update proved to be more problematic than anticipated as described below.
The Chapter of the Yolo County Code regarding Water Quality includes requirements for both wells and septic systems. In many cases the text of the ordinance combines requirements for wells and septic systems in the same code sections such that it is not possible to update the requirements for wells without also updating the requirements for septic systems at the same time. However, State guidance for implementing new septic system regulations through local ordinances and policies was not released until March of 2015.
Furthermore, the State requirements have changed so much since the adoption of Yolo County Code regarding wells and septic systems, the Ordinance Chapters must be completely rewritten to complete the requested action. One major change is the State adoption of the Model Well Ordinance as found in the California State Water Code. The State Water Code requires local jurisdictions to adopt standards that meet or exceed minimum standards for well siting and construction, otherwise the Model Well Ordinance takes effect. The minimum standards found in the Model Well Ordinance drove many of the changes proposed in the drafted update to the well ordinance.
The drafted changes to the County Ordinance pertaining to wells are complete and stakeholder outreach was conducted. Stakeholders include local well drilling contractors, pump installers, cement companies, the Yolo County Farm Bureau, the County Agricultural Commissioner, the Division of Public Works within the Department of Planning, Public Works and Environmental Services, and the Yolo County Flood Control and Irrigation District. Modifications to the draft ordinance were made based on feedback. Currently, EHD is not aware of any outstanding stakeholder concerns.
The next step is for EHD to prepare a draft ordinance updates for septic systems. After the drafted ordinance updates for septic systems are complete, staff will bring forward for Board consideration a recommendation to repeal the outdated code sections pertaining to wells and septic systems and to adopt two new Chapters of the County Code, one for wells and one for septic systems. Although the code section specific to wells is ready for Board action, for the reasons described above, it cannot be brought forward in advance and independent of the septic ordinance. EHD plans to return to the Board of Supervisors with completed drafts of the well ordinance and the septic ordinance prior to January of 2016.
In the meantime, where standards established in state law for wells are more stringent than Yolo County Code, the Model Well Ordinance, as provided in the State Water Code, takes precedence over currently adopted Yolo County Code (Reference Section 13801 of the California Water Code). EHD has been implementing these standards for many years and they have been incorporated into the drafted update of the well ordinance. Therefore, a delay in adopting the well ordinance will not cause an interruption of EHD services regarding wells and water quality.
The draft update to the well ordinance is provided in Attachment A. A summary of major changes is provided in Attachment B. |
| Collaborations (including Board advisory groups and external partner agencies) |
Yolo County Farm Bureau
Yolo County Flood Control and Water Conservation District
State and Regional Water Quality Control Boards
Local well drilling contractors
Local septic system contractors
Cement companies
Department of Agriculture and Weights and Measures
Department of Planning, Public Works and Environmental Services.
Yolo County Counsel
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
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