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DATE: May 12, 2009
TO: Board of Supervisors
SUBJECT: Support for Assembly Bill 268

SUMMARY:
Assembly Bill 885 (AB 885) was introduced by Assemblywoman Hannah Beth Jackson in 1999 and signed into law in 2000. It was originally drafted to address concerns with Onsite Wastewater Treatment Systems (OWTS) in the City of Malibu and Santa Barbara County, and later was expanded to include OWTS statewide. The land characteristics of Malibu and Santa Barbara are not consistent with the rest of the State. AB 885 requires the State Water Resources Control Board (SWRCB) to draft and implement statewide uniform performance standards and regulations for the permitting and operation of Onsite Wastewater Treatment Systems. Since 2000, SWRCB has worked with regulators, industry, and environmentalists to produce draft regulations. The latest version of draft regulations and the Draft EIR were released on November 7, 2008. Since these proposed regulations are extremely burdensome and costly to those using onsite wastewater treatment systems, AB 885 should be repealed. At a minimum, legislation to reduce the impact of the proposed regulations should be considered.

In an effort to address the problems associated with AB 885, three Assembly bills were introduced in 2009 that focus on OWTS regulations (AB 268, AB 916, and AB 580). AB 268 repeals the current requirement for SWRCB to adopt regulation and standards for OWTS. Due to the burden AB 885 places on OWTS users, today’s action would put the County of San Diego on record supporting AB 268.

RECOMMENDATIONS:
Chairwoman Dianne Jacob and Supervisor Bill Horn

  1. Direct the Chief Administrative Officer (CAO) to draft a letter for the Chairwoman’s signature to Assemblyman Gaines and all members of the San Diego delegation in support of Assembly Bill 268.
  2. Direct the CAO to communicate this Board of Supervisors’ support of Assembly Bill 268 to San Diego County’s legislative representative in Sacramento.
  3. Direct the CAO to include in the Board’s Legislative Program a policy guideline statement that encourages support of legislation that will reduce the impact of burdensome and costly regulations on those installing and/or using onsite wastewater treatment systems.
  4. Direct the CAO to include in the Board’s Legislative Program a policy guideline statement that encourages support of legislation that allows local control of regulating onsite wastewater treatment systems.

Fiscal Impact:
There is no fiscal impact associated with these recommendations.

BACKGROUND
Assembly Bill 885 (AB 885) was introduced by Assemblywoman Hannah Beth Jackson in 1999 and signed into law in 2000. It was originally drafted to address concerns with Onsite Wastewater Treatment Systems (OWTS) in the City of Malibu and Santa Barbara County, and later was expanded to include OWTS statewide. The land characteristics of Malibu and Santa Barbara are not consistent with the rest of the State. AB 885 requires the State Water Resources Control Board (SWRCB) to draft and implement statewide uniform performance standards and regulations for the permitting and operation of Onsite Wastewater Treatment Systems (OWTS). Since 2000, SWRCB has worked with regulators, industry, and environmentalists to produce draft regulations. The latest version of draft regulations and the Draft Environmental Impact Report (EIR) were released on November 7, 2008. Since these proposed regulations are extremely burdensome and costly to those using Onsite Wastewater Treatment Systems, AB 885 should be repealed. At a minimum, legislation to reduce the impact of the proposed regulations should be considered.

The draft regulations require that all owners of an OWTS have a qualified service provider inspect the septic tank every five years to verify that solid levels do not impair the performance of the septic tank. Also, owners with onsite domestic wells on their property must monitor the groundwater quality by sampling and analyzing the water from their well every five years. The analysis must be completed by a State certified laboratory and include testing for bacteria and nitrates as well as other elements not associated with OWTS.

Further, the draft regulations include the requirement that all existing OWTS within 600 feet of an impaired water body be upgraded if they have been identified as contributing to a listed impairment. Rainbow Creek in Fallbrook is an impaired water body that would be affected by these regulations. Per the Draft EIR, there are around 200 existing OWTS within 600 feet of Rainbow Creek. Per the Total Maximum Daily Load (TMDL), these 200 OWTS only contribute to 5% of the total impairment, however they would likely still need to be upgraded at an average cost of $45,000 per system.

AB 885 creates one-size-fits-all regulations for vastly different jurisdictions throughout the state. Administration of OWTS is best suited for local authorities where there is knowledge of local conditions and geology.

In an effort to address the problems associated with AB 885, three Assembly bills were introduced in 2009 that focus on OWTS regulations (AB 268, AB 916, and AB 580). AB 268 repeals the current requirement for SWRCB to adopt regulation and standards for OWTS. Due to the burden AB 885 places on OWTS users, today’s action would put the County of San Diego on record supporting AB 268.

We urge your support.

Respectfully submitted,

 

DIANNE JACOB
Chairwoman

BILL HORN
Supervisor, District 5