Title
Receive a status update regarding the development of a Local Agency Management Plan to implement regulations concerning Onsite Wastewater Treatment Systems pursuant to California Assembly Bill 885 and the State Water Resources Control Board’s Onsite Wastewater Treatment System Policy.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Receive a status update regarding the development of a Local Agency Management Plan to implement regulations concerning Onsite Wastewater Treatment Systems pursuant to California Assembly Bill 885 and the State Water Resources Control Board’s Onsite Wastewater Treatment System Policy.
SUMMARY/DISCUSSION:
On September 27, 2000, Assembly Bill 885 (“AB 885”) was enacted which added Water Code Sections 13290 through 13291.7 that concern onsite wastewater treatment systems, more commonly known as septic systems.
On June 19, 2012, the State Water Resources Control Board (“State Water Board”) adopted Resolution No. 2012-0032, which adopted the Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (“OWTS Policy”). On June 3, 2014, the Central Coast Regional Water Quality Control Board’s (“Central Coast Water Board”) Central Coast Basin Plan that incorporated the standards established in the OWTS Policy was approved. In accordance with the OWTS Policy and Central Coast Basin Plan, the Environmental Health Bureau (“EHB”), as the local agency, must adopt a Local Agency Management Program (“LAMP”) in conformance with Tier 2 standards of the OWTS Policy, which will allow for consideration of local geology and environmental conditions, or it will be required to implement Tier 1 standards of the OWTS Policy which sets forth prescriptive standards that do not take into consideration local geology and environmental conditions.
The EHB submitted a draft LAMP to the Central Coast Water Board on May 13, 2016, with the stated intention of further revising the document through a series of meetings with local OWTS stakeholders and based on feedback received from the Central Coast Water Board. The OWTS Policy specifies that a final LAMP should have been adopted by Monterey County and the Central Coast Water Board on or around May 13, 2017; however, the EHB did not receive partial comments from the Central Coast Water Board until February 1 and April 5, 2017.
The EHB is preparing a revised draft LAMP based on feedback received from the public and the Central Coast Water Board. The EHB published a portion of the revised draft LAMP (Sections 0 - Section 5.10) on the County website and held an additional OWTS stakeholder meeting in May 2017. The remainder of the document will be posted to the website as revisions are completed. The EHB maintains ongoing correspondence with Central Coast Water Board staff to help assure that the final LAMP will meet their expectations. EHB intends to conduct at least 2 additional OWTS stakeholder meetings in June and July and complete environmental review of the LAMP before returning to the Board of Supervisors in or around October 2017 to recommend approval of the final LAMP and to request authorization to submit the document on behalf of Monterey County to the Central Coast Water Board.
The Central Coast Water Board acknowledges that Monterey County does not have an approved LAMP in place despite the May 2017 deadline specified in the OWTS Policy. They are agreeable to continue facilitating the approval process for Monterey County with the stated expectation of approving a LAMP for Monterey County before the end of 2017.
Once the LAMP is approved, staff will return to the Board of Supervisors in or around May 2018 with proposed amendments to Monterey County Code Chapter 15.20, to make it congruent with the approved LAMP, and with an administrative manual.
This work supports the Monterey County Health Department 2011-2015 Strategic Plan Initiative to empower the community to improve health through programs, policies and activities and it also supports one of the ten essential public health services, specifically, to develop policies and plans that support individual and community health efforts and to enforce laws and regulations that protect health and ensure safety.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed this report and concurs with its content.
FINANCING:
There is no financial impact with the acceptance of this report.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
Check the related Board of Supervisors Strategic Initiatives:
☐Economic Development:
• Through collaboration, strengthen economic development to ensure a diversified and healthy economy.
☐Administration:
• Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability and transparency.
☒Health & Human Services:
• Improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities.
☐Infrastructure:
• Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results.
☐Public Safety:
• Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow by reducing violent crimes as well as crimes in general.
Prepared by: Robin Kimball, Management Analyst, 1297
Approved by: Elsa Jimenez, Director of Health, 4621