Revised septic rules to feature three-tiered plan

(This is just about what I wrote about some time ago.  From what I am reading at this link we are still on track for the three tier system.  It gives some updated time frames.)

CFBF
Revised septic rules to feature three-tiered plan


The timeline for implementation remains uncertain, Merkley said. Public hearings are tentatively planned for this fall to outline the new, three-tiered risk approach. They would be followed during the winter by CEQA (California Environmental Quality Act) scoping sessions. The draft regulations would be unveiled in the spring, with additional hearings and public comment opportunities at that time, and the water board could adopt the regulations by late summer 2011.

McClintock & Herger Wastewater Forum. Part II

I went through my notes and was able to get some highlights from the panel presentations.  I did not have notes on all of the panelists.  According to Congressman McClintock’s opening statement there is supposed to be a recording released soon.   This is rather long so I will post my observations both technical and political in one last post.

First Panel

Alfred Cabral, Esq.  Representing the City of Colfax was concerned about third party litigation. The City of Colfax has been fighting in court with a litigant that uses high priced lawyers from San Francisco.  The legal fees recently incurred were equal to the city’s entire annual budget.  I have added links to two opinion pieces below for those that want a bit more information.

 

Colfax Record

Lawyers trying to clean out Colfax

Colfax Record
Time for city to take responsibility

Mark Miller, Director of Sanitation for Nevada County spoke of the community of Cascade Shores.  Residents have to pay over two hundred dollars a month to fund upgrades to their sanitation plant to meet new state guidelines for copper that are 800 times more stringent that the standards for drinking water.  

There is a guideline that the cost for sanitation systems should not exceed two percent of the average income of the users the cost in Cascade Shores is seven percent.

 

Jim Durfee ,Facility Services Director for Placer County spoke of North Auburn residents that are currently paying eighty seven dollars a month and the plant needs yet another upgrade.

Timothy Shaw, General Manager for the Olive Hurst Public Utilities District

Paul Sciuto, Assistant General Manager South Tahoe Public Utility District Represented the California Association of Sanitation Agencies (CASA).

Warren Pesses, Public Works Director City of Placerville

Some of the concerns raised were:

• ·         Third party lawsuits.  It is costly to defend even if the community wins.

• ·         Lack of regulatory discretion

• ·         The releasing of information about actions taken being released in local media which promotes lawsuits.

• ·         Methods of measurement being unfair to communities closer to the water source.

• ·         Standard for release water actually being higher than the sources water.

• ·         Standard for release water being higher than standards for drinking water.

• ·         Anti degradation and anti backsliding tools driving more stringent permit limitations

Panel 2

David Smith, Manager, National Pollution Discharge Elimination System, Environmental Protection Agency.

Written remarks were submitted in writing Smith made only a summary.  Smith felt that over all the states has done a very good job.  The EPA recognizes The federal government has provided about 280 million dollars of ARRA funds last year.  The EPA does understand the concerns raised on whether requirements are necessary or fair to small communities.  There is some regulatory discretion in the Clean Water Act.   There are still 700 impaired water bodies in California.  Smith felt that the new watershed approach using the Total Daily Maximum Load (TMDL) process would help the states to work on the real sources of pollution which include municipalities but also sources such as old mine agriculture etc instead of placing most of the burden on municipalities alone.  

Tom Howard, Executive Director California State Water Resources Control Board.

Pamela Creedon, Executive Director Central Valley Regional Water Resources Control Board.

Tom Howard made the presentation for both the state and regional boards.  Made a comparison of the 1970’s when the Clean Water Act was passed forcing states to install secondary systems and recent history where the states are being pushed to tertiary systems.  In the 70’s there was a generous grant system of under certain circumstances up to 97% to help facilitate the upgrades.  The grant system was replaced with a loan system in the 1980’s the tertiary systems are expensive but manageable with the right economy of scale. 

When the recording becomes available I suggest you take advantage of it.  Even the public comments had good information.

McClintock & Herger Wastewater Forum.

Note this was cross posted at The Weimarian. Since the forum covered both state and federal regulatory processes I thought that it might be of interest here as well. 

I wanted to get a quick thumbnail sketch of the forum went.   Later this week I plan to post something with more detail.   Congressman McClintock stated that the event would be recorded and entered in the congressional record as soon as possible. 

The committee included Congressman Tom McClintock, Congressman Wally Herger, State Senator Sam Aanestad and Assemblyman Dan Logue.  It lasted two hours and they rigorously kept to the agenda.   They actually had a timer hold up colored signs to notify presenters that could not see the lectern lights of their allotted five minute times.  Members of the public were strictly held to three minutes at the lectern.

The room was full and the audience was well represented with local community leaders I sat behind two members of the Colfax City Council and the City Manager.  I also bumped into Supervisor Jim Holmes and Councilman Mike Holmes. 

The forum was to look into both state and federal regulations.  During the opening comments McClintock spoke out against arbitrary regulations and third party court actions. Senator Aanestad mentioned that foothill waste water has to be cleaner than drinking water in Los Angeles County.   Aanestad also said that wastewater issues were the one topic that took up most of his offices time.   Assemblyman Logue said that the regulating agencies keep the fines instead of using them for infrastructure and that its part of a hidden hostile agenda. 

The first panel consisted of people representing various local agencies.  Each panelist provided testimony as to their particular problems while providing examples of specific situations.  Topics ranged from third party lawsuits to one size fit all policy. 

The second panel consisted agency representatives from the EPA, for the first five minutes with the State Water Resources Control Board and the Central Valley Regional Water Quality Board sharing the last five minutes.

The remainder of the forum was allocated to public comment with about eight to ten people taking advantage of it. The general feeling from the very beginning to end is that there are real problems with the regulatory processes that need legislative attention.

Wastewater Issues Forum with Tom McClintock and Wally Herger

This forum is not about the AB885 regulations which we are still waiting for the official and final word from the SWRCB on.  Some of the people who read here are interested in the general topic so I thought that I would post the notice. You can get more details of the event at The Weimarian. 

Wastewater Issues Forum

Monday, September 27th at 10:00 AM

Placer County Board of Supervisors Chamber

175 Fulweiler Avenue, Auburn

Whats in the works

Here is what I have been told by a very good source. Once again let me say that this is just the direction that things are going but they still could change. The state monitoring of septic pumping/testing and well testing is not part of the new plan. Existing septic systems that are properly permitted and functioning are exempt from action. As we have been told before there will be three tiers, low risk, enhanced protection and nitrate or pathogen impacted waters.

The only tier that would affect existing systems would be tier three which is only in effect if we have known impacted waters. My opinion is that this is a good thing I like clean water and so does just about every one else. If we are known to be creating a problem we should do something about it.

The counties will have to collect data and prepare reports to the Regional Water Boards but they will get their data from collection methods that do not involve routine across the board testing. Data already exists from public water systems testing, new well testing and real estate transfer testing just to name a few of the sources. The counties will be able to have their own ordinances subject to approval from their Regional Water Boards.

Hopefully a Conceptual Approach will be outlined at public workshops in June. If they have one nearby you can bet that I will try to be there. If all goes well we might see a draft in summer with the process for public comments following.

To get on the SWRCB’s official mailing list for this subject go to their Email List Subscription Form, fill your email address and name into the boxes. Scroll down to AB 885 Onsite Regs and check the box next to it. Finally go back up to the top of the page and click the Subscribe button that is next to the boxes that you filled in.

I will close by saying that so far the direction is a good one but it can still change. For that reason we will continue to track things until the regulations are complete.

(Cross posted at The Weimarian)

Quick Note

I did have an opportunity to sit in on a meeting where we got an update as to what the new proposed regulations might look like. I will write something more detailed about it in the next day or two I need a bit of time to compile my notes. So far it looks as it did in the last post with a tiered system managed by the local county using a plan prepared by the local county and has to be approved by the Regional Water Boards. It is really important to bear in mind that at this stage all is still subject to change. We may see something out for public viewing in June. Check back for more details over the weekend.

AB885 Here is what Jim Holmes referred to at the last BOS meeting

Summary
On April 8, 2010, the State Water Resources Control Board (SWRCB) convened a
meeting with RCRC, California State Association of Counties (CSAC) and the California
Association of Realtors (CAR) to present the SWRCB’s “concept proposal” for
implementation of AB 885. Representatives from the California Council of Directors of
Environmental Health (CCDEH) were also in attendance at this meeting. Although no
formal positions were put forward, those in attendance recognized the SWRCB’s latest
proposal is a significant improvement over prior regulatory initiatives and indicated
support for the SWRCB’s plan to move forward with the solicitation of public comments
on their current proposal.

RCRC
Update on the State Water Resources Control Board’s “Concept Proposal”
for the Implementation of AB 885

(Cross posted at The Weimarian.)

A three tiered system?

Of course as soon as I post that I do not have an update I pick up a few updates. According to the SWRCB they are still working on the draft and do not have a date. Having said that I just saw an update at our county Board of Supervisors meeting where one Supervisor said that late April or May is possible. I have also heard from two sources that a three tiered system is being entertained. The tiers would range from no action to vigorous action based on the environmental impact of the situation. Tier one at least would not require any proactive measure such as routine testing. Once again I stress that this is just what is being talked about and we won't know how this will end up until we get the official word from the SWRCB.

Still waiting

March has come and gone but we still haven't heard anything on an updated eta for new draft regulations. We have asked several of our local officials to let us know if they hear anything. As soon as we get more information we will post it here.

It's looking like March

I called Assemblyman Gaines office and spoke with a very helpful staffer. By the time of my last post they had not yet received a reply from the SWRCB to their request for an update. They followed up the matter and had the answer by the time that I called. The new plan is to present a draft to the SWRCB in March and the information released to the public soon after. Once again I would like to thank Assemblyman Gaines office for staying on top of the regulatory process.

Nothing new

The last information that we have seen is that Assemblyman Ted Gaines had written a letter to the state water board requesting a status update. We have seen nothing since then. We will update when we see something new