BILL ANALYSIS
AB 268
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Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 268 (Gaines) - As Amended: April 13, 2009
SUBJECT : Onsite Waste Treatment Systems.
SUMMARY : This bill repeals current requirements for the State
Water Resources Control Board (SWRCB) to adopt regulation and
standards for the safe operation of on-site waste treatment
systems (OWTS).
EXISITING LAW :
1) The Porter-Cologne Water Quality Control Act creates the
SWRCB and Regional Water Quality Control Boards (RWQCBs)
and provides these entities with various responsibilities
relating to water quality.
2) Authorizes the RWQCBs to prohibit the discharge of waste
from onsite systems. Generally, local health officers are
charged with protecting the health of members of the
public. Regional boards are charged with protecting the
beneficial uses of the resources.
3) Under the provisions of AB 885 (Jackson) Chapter 781,
Statutes of 2000, requires the SWQCB to provide statewide
minimum requirements related to the permitting and
operation of OWTS.
FISCAL EFFECT : The repeal of the requirements of AB 885 may
result in savings to the SWRCB as well as local agencies for
decreased enforcement of OWTS.
COMMENTS:
Assembly Bill 885 (Jackson) 2000
According to the SWRCB, the current practice of regulating OWTS
has led to inconsistencies among the various RWQCBs and among
the numerous local agencies in California's 58 counties. For
example, although most counties have some type of minimum
performance requirements and siting and design requirements
specifically for OWTS and such requirements vary greatly from
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one jurisdiction to another. California is one of only two
states that do not have statewide OWTS regulations. The
inconsistency in regional and local OWTS requirements and
related lack of statewide regulations, along with the public
health and environmental issues and related incidents, are the
primary reasons why AB 885 was introduced by Assembly member
Hannah Beth Jackson in February 1999 and passed by the
California Legislature and signed into law in 2000 (Chapter 781,
Statutes of 2000).
The provisions of AB 885 provide direction from the legislature
to the SWRCB to provide statewide minimum requirements related
to the permitting and operation of OWTS. Typically, RWQCBs have
adopted minimum requirements for OWTS in their water quality
control plans and have worked with local agencies (counties,
cities, and special districts) through a formal or informal
agreement. When a RWQCB and local agency enter into such an
agreement, the local agency commits to implement basin plan
requirements for OWTS at the local level.
Assembly Bill 885 and the Development of Statewide OWTS
Regulations .
AB 885 requires the SWRCB to develop statewide OWTS regulations
in consultation with the Department of Public Health, the
Coalition of California Directors of Environmental Health, the
California Coastal Commission, counties, cities, and other
interested parties. AB 885 also requires the regulations to
include, at a minimum, these seven types of requirements (often
referred to as AB 885's "seven points"):
1) Minimum operating requirements that may include siting,
construction and performance requirements;
2) Requirements for OWTS adjacent to waters listed as
impaired under Section 303(d) of the Clean Water Act;
3) Requirements authorizing local agency implementation;
4) Corrective action requirements;
5) Minimum monitoring requirements;
6) Exemption criteria; and
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7) Requirements for determining when an existing OWTS is
subject to major repair.
AB 885 requires the Regional Water Boards to incorporate the new
statewide regulations into their basin plans. Neither the
legislation nor the proposed OWTS regulations preempt the
ability of the Regional Water Boards or any local agency to
adopt or retain performance requirements for OWTS that are more
protective of public health or the environment than the new
statewide regulations.
The Proposed OWTS Regulations.
The SWRCB officially submitted regulations in response to the
requirements of AB 885 on 11/7/09 and made them available for
public comments along with a Draft Environmental Impact Report.
The key elements of the proposed regulations included:
1) Owners must have their septic tanks inspected for solids
accumulations every five years by a qualified service
provider.
2) Owners with an onsite domestic well on their property
must have a state certified analytical laboratory analyze
well water (groundwater) for specified constituents once
every five years and report the results electronically to
the SWRCB.
3) Owners whose existing septic systems are within 600 feet
of a surface water body that does not meet water quality
standards (impaired water body) will be subject to special
requirements.
4) Owners will have to keep documentation to show that they
are adhering to the regulations.
5) Where existing septic systems have been identified by a
RWQCB to be contributing to the water quality impairment
(pollution) of specific surface water bodies, owners of
septic systems within 600 feet of the impaired surface
water body will be required to have a qualified
professional determine whether the septic system is
contributing to the impairment. If so, retrofit the septic
system with supplemental treatment.
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SWRCB Plans Review of OWTS Regulations.
On February 23, 2009, the SWRCB closed the public comment period
for draft regulations regarding OTWS. According to the SWRCB,
during the comment period the SWRCB received more than 2,500
e-mail comments and hundreds of comments from 12 public
workshops held throughout the state. Based on the public input
on the proposed regulations the SWRCB is formulating substantial
changes to the regulations. Those revised regulations are
anticipated to be developed by August of 2009.
RELATED LEGISLATION :
1) AB 580 (Huber) Relating to On Site Sewage Treatment
Systems. Provides that exemptions to the AB 885
regulations may be made by either the State or Regional
Water Quality Boards.
2) AB 916(Logue) Relating to On Site Sewage Treatment
Systems. Provides that SWRCB OWTS actions shall be limited
to establishing recommended standards rather than
enforceable regulations.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Auburn
City of Hesperia
El Dorado County Joint Chamber of Commerce
Esltill Ranches, Eagleville
Howard Jarvis Taxpayers Association
Plumbing-Heating-Cooling Contractors of California
Robin Yonash, Colfax
Sonoma County Land Rights Coalition
Yuba County
Opposition
California Coastkeeper Alliance
Clean Water Action
Heal the Bay
State Building and Construction Trades Council
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965