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New septic regulations turning local noses

Friday, February 06, 2009

By Roger Phelps

AMERICAN LEGION POST 108
It stinks.

That's what people are saying - either about leaking effluent or about coming regulation of California's septic tanks.

A public comment period closes Feb. 23 on how to implement regulations on septic tanks. There will be another 30-day comment period in August.

The initial comment period was extended past Feb. 9 "due to the high volume of public outrage," Sen. Dave Cox (R-Fair Oaks) said in a release.

"It is critical that residents continue to write to the water board to oppose the costly regulations," Cox added. "Officials from the water board need to understand the negative financial impact of the proposed regulations. It is important that residents take the time to voice their opinion."

Years ago, septic tank pollution of the Pacific Ocean and coastal estuaries caused a push for state regulation. In 2000, Gov. Gray Davis signed Assembly Bill 885 by then-Assemblywoman Hannah-Beth Jackson (D-Santa Barbara) to regulate waste discharges that impair or threaten to impair surface water or groundwater quality. It calls for testing of septic systems and wells.

Many have pointed out that the foothills are not the coast.

"Amador County does not have documented failures leading to contamination," said Mike Israel, director of the county's environmental health department. "In many respects, for Amador (the law) is broad and overreaching - for the degree of benefit to be obtained. But, for the coast, it's not adequate."

Israel was to attend a state water board public hearing Monday in Sacramento, but it was postponed indefinitely, following the announcement of the extension.

Like many locally, county resident Steve Cannon, president of the Amador Resource Conservation District, said he found "outrageous" the idea of uniform application around the state of coast-oriented regulation.

California, with millions of septic tanks, is one of only two states nationwide without uniform regulations for what are referred to as onsite waste treatment systems, according to state officials.

AB 885 is unpopular in local real estate circles as well. A clause mandates agents be involved in enforcement. Local realtors fear lowered sales when septic regulations take effect.

"It's a point-of-sale issue," said Buck Bukrinsky, a Sutter Creek resident who is a director of the California Association of Realtors. "It could be required to fix something at point of sale. But if it's important, it should be done before a sale. The law is making realtors the policemen, and it's not their responsibility. People need to get involved and express their concern."

Debbie Dunn, an Amador Water Agency director, noted in a Feb. 1 mass e-mail that a county with a sizable population of septic users could sway implementation, but not stop enforcement. "Understand that this is legislation that was passed in 2000. The voice you can unleash on the State is solely regarding implementation procedures not 'should they do it,'" she wrote.

According to the state Regional Water Quality Control Board, a septic system removes bacteria and viruses, but may allow pollutants such as nitrates, resistant to degradation, to reach and pollute groundwater. Opponents of AB 885 offer a standard argument used in opposing environmental and health regulations - namely, proof first, regulation second.

In this case, state officials aren't buying it.

James Giannopoulos, assistant division chief of the California State Water Resources Control Board, said the state counters the argument that regulations ought to be where there are problems by saying, "How do you know that septic systems are not affecting nearby wells - if those wells aren't monitored?"

In California, county regulators historically have largely ignored septic systems after they were installed.

Recent state research found rapid and unpredictable movement of water through fractured rock and valley soils underground in Northern California, according to Giannopoulos.

The state's position is that wells are vulnerable to pollutants, such as nitrates, migrating in groundwater. Local health and building codes around the state specify that wells must be placed at least 100 feet away from septic lines, but Giannopoulos said that nitrates can travel more than 300 feet in a fractured rock aquifer - common to the Sierra Nevada foothills - at dangerously elevated levels.

Rural county officials maintain the blanket state regulations would tax residents not contributing to the problem. The Amador County Board of Supervisors will take up the issue Tuesday, while the Regional Council of Rural Counties is sending representatives to two public workshops Monday in Santa Rosa.

Cox advised those sending comments to "be polite, specific and assertive in their e-mails and letters. Please be mindful that the water board and its staff are responding to the requirements from the ill-advised legislation (AB 885) that was passed in 2000 - a bill that I voted against while serving in the Assembly."

Comments can be submitted at AB885@waterboards.ca.gov or by sending them to the State Water Resources Control Board Division of Water Quality, ATTN: Todd Thompson, P.E., 1001 I Street, 15th Floor, P.O. Box 2231, Sacramento, CA 95812.

Raheem Hosseini contributed to this report.


Roger Phelps
Ledger Dispatch contributor


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