REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  March  14, 2017
CATEGORY:  Regular - Resource Management-4.

SUBJECT:

Adopt Local Agency Management Program and Add Chapter 8.41 Onsite Wastewater Treatment Systems to the County Code

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Richard W. Simon, AICP, Director, 225-5789

STAFF REPORT APPROVED BY:  Richard W. Simon, Director

RECOMMENDATION

Take the following actions: (1) Find the resolution adopting the Local Agency Management Program and the ordinance adding Chapter 8.41 to the County Code categorically exempt in conformance with the California Environmental Quality Act Guidelines Sections 15307, Class 7-Regulatory actions for protection of natural resources, and Section 15308, Class 8-Regulatory actions for protection of the environment; (2) adopt a resolution which adopts the Shasta County Local Agency Management Program establishing standards for the construction, operation, maintenance and abandonment of Onsite Wastewater Treatment Systems; and (3) introduce and waive the reading of an ordinance adding Chapter 8.41, Onsite Wastewater Treatment Systems to Title 8 Health and Safety of the Shasta County Code.

SUMMARY

Chapter 8.40 of the Shasta County Code contains, among other provisions, the standards for installing and operating onsite sewage disposal systems (septic systems). Chapter 8.41 will replace Chapter 8.40 when the new chapter becomes operative in May 2018.  The new Chapter 8.41 and the associated revised standards contained in the Local Agency Management Program (“LAMP”) include the provisions for construction, operation, maintenance and monitoring of OWTS made necessary by the State Water Resources Control Board’s adopted “Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems” (”OWTS Policy”).  The County is required to adopt the LAMP and the revised Chapter of the County Code at this time and to file both documents with the Central Valley Regional Water Quality Control Board ("CVRWQCB") before March 24, 2017, for final approval. Implementation of the new provisions will be delayed until May 13, 2018, and the current sewage disposal ordinance, Chapter 8.40, will remain in effect until that time.

DISCUSSION

In 2000, AB 885 was adopted and would have effectively stopped much of the development in rural California due to the largely unattainable standard for OWTS.  Subsequent adoption of regulations in 2012 by the State provides for a tiered OWTS policy that allows counties to implement risk-based standards for OWTS adapted to local conditions through an adopted LAMP.  Under the LAMP, Tier 0 will allow existing functioning systems to be maintained and used until they fail or require modification. Tier 1, which represents the state-wide default standard, will require between 5 and 20 feet of suitable soil, depending on soil permeability and percolation rates for the installation of a simple septic tank and leach field (what used to be referred to as a “conventional system”).  Tier 2 will allow the use of alternate treatment and dispersal systems in areas that do not meet the Tier 1 standard for soil.  Without the approved LAMP, Shasta County would be prohibited from issuing permits for new and replacement systems and repairs to existing systems in areas that do not meet the Tier 1 standard, which is most of the County.  The County submitted its LAMP to the CVRWQCB , as authorized by the Board of Supervisors, on April 26, 2016, and has received tentative approval from the State.

The County’s next step in the implementation process is to formally adopt the LAMP and revise the County Code related to sewage disposal systems accordingly.  Staff recommends that the Board accomplish this by adopting the LAMP by resolution, enacting the new Chapter 8.41 of the County Code by ordinance, and directing that both documents be filed with the CVRWQCB for final approval no later than March 24, 2017.  This action will place the LAMP and County Code revisions on the June 2017 agenda for approval by the CVRWQCB.

Full implementation of the LAMP can occur at any time after formal adoption, however we are proposing to delay implementation, as authorized by the State, until May 13, 2018, which will allow staff to prepare guidance materials, and provide outreach and training to contractors and a variety of interest groups to assist in successful program implementation.  In addition, Chapter 8.40 will continue in effect until the operative date.

Adopting the LAMP by resolution and adding Chapter 8.41 to the County Code by ordinance are actions by the County to protect water resources and the environment by establishing standards for the construction, operation and maintenance of onsite wastewater treatment systems within the County in conformance with the state’s OWTS Policy.  These actions are therefore categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15307 and 15308. 

ALTERNATIVES

The following alternatives are available: 1) Do not adopt the LAMP or the revised County Code Chapter 8.41, this could foreclose the opportunity to implement standards adapted to local conditions, and severely curtail development; or 2) request more information from staff, however the LAMP and revised County Code must be adopted by the County and submitted the CVRWQCB no later than March 24, 2017.

OTHER AGENCY INVOLVEMENT

County Counsel has reviewed and approved the ordinance and the resolution as to form. The Department of Public Works has reviewed the language related to the operation of the county septage disposal facilities in section 8.41.210.  The County Board of Supervisors and the CVRWQCB have reviewed and tentatively approved the LAMP.

FINANCING

There is no impact on the County General Fund as a result of this action. The Department of Resource Management’s Environmental Health Division is primarily funded by fees for services. The department anticipates revising its current fee schedule and staffing to support implementation of this program after the June 2017 CVRWQCB final approval.