|
|
In 2010 the Environmental Health Division (EHD) was directed by the Board of Supervisors to prepare updates to the Yolo County Code related to 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 of this action, and to inform the Board on significant changes to statewide requirements that will be incorporated into the revised ordinance and new septic system program implementation.
The requested action has taken longer than expected. This is due to delays by the State to adopt the new statewide policy for septic systems because of opposition by the public and interest groups. Although the new statewide policy was adopted in 2012, guidance for implementation of the new Statewide Onsite Wastewater Treatment Systems (OWTS) policy was not released by the Central Valley Regional Water Quality Control Board (CVRWQCB) until February of 2015. Other delays are due to competing priorities including recent organizational changes and limitations on available staff time.
A brief summary of the General Plan Action Items, the new Statewide OWTS Policy and a progress report is provided below.
2030 GENERAL PLAN ACTION ITEMS:
The 2030 General Plan includes a number of Action Items related to septic system policy, siting, construction, monitoring, and design which will be incorporated into the draft update of the Yolo County Ordinance related to septic systems and internal policies and procedures. A list of General Plan Action Items related to this is included in Appendix A.
STATEWIDE POLICY:
On June 19, 2012, the State Water Resources Control Board (SWRCB) adopted the "Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems" (OWTS Policy). This policy establishes a statewide, risk-based, tiered approach for the regulation and management of OWTS (commonly called septic systems). The Policy prescribes a tiered approach for OWTS that must be implemented by local jurisdictions that have a septic system permitting program. The Policy's tiered approach includes:
• Tier 0- Existing OWTS that are functioning properly (no action required)
• Tier 1- If local jurisdictions do not implement and receive approval for a local program under Tier 2 by May of 2018, the State's low-risk prescriptive standards under Tier 1 take effect.
• Tier 2- Under Tier 2, OWTS are regulated by local agencies that have a Local Agency Management Program (LAMP) which is approved by the Regional Water Quality Control Board (RWQCB). To have its LAMP approved, the local agency must demonstrate to the RWQCB that its LAMP is as protective of water quality and public health as the Tier 1 criteria. The components of the LAMP include the local ordinance, policies, procedures, manuals, educational materials, forms, handouts, data collection and records retention, etc.
• Tier 3- Describes requirements for OWTS located within specified distances of impaired surface water bodies (specifically, impairment with pathogens and nitrates). Yolo County currently does not have any impaired bodies of water listed under this requirement.
• Tier 4- Failing OWTS. Failing OWTS must be repaired to comply with either Tier 1, 2, or 3 standards.
The Tier 1 standards are overly restrictive for some soils and high ground water areas found in Yolo County and would make some areas of Yolo County unbuildable. The solution is for Yolo County to implement a local program under Tier 2.
Yolo County's ordinance, policies, procedures and related program materials for the septic system program will require updates to meet the minimum standards of the OWTS policy under the Tier 2 requirements. EHD plans to complete drafted updates to the Yolo County Ordinance and will return to the Board for consideration of adoption of the revised ordinance prior to January of 2016. The LAMP, which will include the revised ordinance, internal policies, manuals, training plans, applications, handouts, record retention policies, etc. must be submitted to the RWQCB prior to May of 2016. The RWQCB will review the LAMP and provide feedback. RWQCB feedback may require further revisions to the adopted ordinance. The LAMP must receive final approval by the RWQCB before May of 2018 or the restrictive Tier 1 standards will take effect.
A completeness checklist which was provided by the RWQCB for minimum LAMP requirements under Tier 2 is provided in Appendix B. The completeness checklist demonstrates the magnitude of the minimum requirements which must be met under the Tier 2 standards. Some standards required by Tier 2 are more restrictive than current County Code and implementing policies. Therefore stakeholder outreach and involvement is a significant part of the LAMP development process.
PROGRESS REPORT:
In addition to taking inventory of the minimum local ordinance changes required by the 2030 General Plan Action Items and the Statewide OWTS Policy, EHD has begun drafting changes to the local ordinance. Next steps include completing a draft of the updated local ordinance, creating manuals and implementing policies, updating forms and handouts, developing monitoring programs, etc. to meet minimum LAMP requirements under Tier 2. EHD expects to be ready to begin stakeholder outreach with draft documents beginning in July of 2015.
Creating the LAMP under the Tier 2 Statewide standards will require a temporary increase in resources for EHD. Technical expertise by a soil scientist and engineering geologist, with experience in modern septic system design and construction is required for consultation and training. EHD has an active contract with Northstar Engineering for this purpose. The anticipated cost for technical expertise for Fiscal Year 2015/2016 is $10,000 and is already incorporated into the proposed Fiscal Year 15/16 budget. EHD will also utilize extra help staff, if available, to assist in completing some of the tasks.
ALTERNATIVES
There are no provisions for extensions of the May 2016 deadline for LAMP submittal. However if the County is not prepared to adopt and implement a newly revised septic ordinance before May 2016, the County may choose to submit a draft ordinance with the LAMP submittal with a commitment to adopt and implement a final ordinance prior to the May 2018 deadline.
If the County does not submit and receive RWQCB approval for the LAMP, the restrictive Tier 1 standards under the OWTS policy would take effect in May of 2018. Staff does not recommend this as an alternative because this would yield some areas in Yolo County unbuildable due to the restrictive standards. |