Title
Authorize the Environmental Health Bureau to submit a draft Local Agency Onsite Wastewater Treatment Systems Management Program (“LAMP”) to the Central Coast Regional Water Quality Control Board by May 13, 2016 and to further modify the draft LAMP based on comments from the public and the Central Coast Water Board as part of an iterative process prior to Board of Supervisors approval on or before May 2017.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Authorize the Environmental Health Bureau to submit a draft Local Agency Onsite Wastewater Treatment Systems Management Program (“LAMP”) to the Central Coast Regional Water Quality Control Board by May 13, 2016 and to further modify the draft LAMP based on comments from the public and the Central Coast Water Board as part of an iterative process prior to Board of Supervisors approval on or before May 2017.
SUMMARY:
The Environmental Health Bureau (“EHB”) has prepared a draft Local Agency Onsite Wastewater Treatment System Management Program (“LAMP”) to implement regulations concerning onsite wastewater treatment systems (“OWTS”) pursuant to California Assembly Bill 885 and the State Water Resources Control Board’s Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (“OWTS Policy”). The LAMP is intended to supplement existing Monterey County Code Chapter 15.20, Sewage Disposal, to meet or exceed the Tier 1 standards set forth in the OWTS Policy and must be submitted to the Central Coast Regional Water Quality Control Board (“Central Coast Water Board”) on or before May 13, 2016 to prevent the Tier 1 standards from becoming automatically effective.
Staff presented a draft LAMP to the Board of Supervisors on April 26, 2016. At that time, the Board directed staff to delay the submission of the LAMP until a stakeholder meeting can be held to address questions and comments, and to return to the Board on May 10, 2016. EHB conducted a stakeholder meeting on May 4, 2016. As detailed below, the draft LAMP has been modified since the April 26, 2016 Board meeting.
EHB will further engage the public and the Central Coast Water Board during the iterative process of preparing the LAMP up until the final LAMP is approved by the Board of Supervisors on or before May 2017. EHB will host approximately five stakeholder meetings in various locations throughout the County during the iterative LAMP review process. Industry and public comments will be accepted for consideration and those that conform to the requirements of the OWTS Policy <http://www.waterboards.ca.gov/water_issues/programs/owts/docs/owts_policy.pdf> will be eligible for incorporation into the final LAMP.
DISCUSSION:
EHB developed the draft LAMP based on recommendations of the Wallace Group in its March 2016 Monterey LAMP Guidance Document. The draft LAMP also considers existing local regulations, regional geologic conditions, local watersheds, and groundwater supplies. In addition, EHB staff has corresponded with Howard Kolb of the Central Coast Water Board for recommendations. Specific criteria are identified for site evaluation and percolation testing that will ensure water quality and public health are protected when siting a new or replacement OWTS. The LAMP will provide Monterey County authority to issue permits for alternative OWTS, which are sometimes necessary to overcome site constraints such as fast and slow percolating soil, shallow soil depth, high groundwater and nitrogen loading related to high density development, for repairs to existing systems, and for new systems on existing lots of record.
The draft LAMP has been modified since it was presented at the April 26, 2016 Board meeting, as follows:
- It now includes a discussion of County policies that promote centralized wastewater treatment plants for higher density development (Section 2).
- Groundwater basin details irrelevant to groundwater monitoring have been removed (Section 3).
- Applicant submission of soils/percolation testing plan are now required (Section 4).
- Table 4-1 specifying when a performance evaluation is required was added (Section 4).
- Specifications regarding OWTS under impermeable surfaces proposed to serve new development or accept additional wastewater generation was added (Section 5).
- It has been clarified that Carmel Highlands OWMP will remain in effect, EHB action since adoption of OWMP has been identified, and study area boundary has been added (Section 6 - Carmel Highlands).
- It has been clarified that the technical details in the Carmel Valley Wastewater Study are still applicable, but its design restrictions are no longer necessary since the LAMP will adequately address the goals of proper OWTS management in the area (Section 6 - Carmel Valley).
- County land use policies that limit development in the coastal portions of North County have now been referenced (Section 6 - North County).
- It has been clarified that haul away systems shall not be used for new subdivisions (Section 7).
The LAMP proposal must be submitted to the Central Coast Water Board by May 13, 2016 or the restrictive Tier 1 standards of the OWTS Policy will be in effect by default. EHB acknowledges that the LAMP will require modification prior to final approval by the Board of Supervisors in response to public comment and to more accurately reflect existing County land use policies.
Submission of the proposed LAMP to the Central Coast Water Board before the submission deadline ensures that the current regulations will continue to remain effective. The Central Coast Water Board will have up to three months to review the draft LAMP and either deem it to be satisfactory or require amendments. The Central Coast Water Board will not take action to approve the LAMP unless the Board of Supervisors has approved it first. EHB will host approximately five stakeholder meetings at various locations throughout the County and complete environmental review of the LAMP while the Central Coast Water Board considers the draft LAMP.
Monterey County Code Chapter 15.20 will remain in effect while the draft LAMP is being considered by the Central Coast Water Board.
Once the LAMP is approved by the Board of Supervisors and Central Coast Water Board, current regulations will remain effective for 12 additional months to allow time for the EHB to prepare and recommend amendments to Monterey County Code Chapter 15.20 so that it is consistent with the approved LAMP.
This work supports the following specific Monterey County Health Department 2011-2015 strategic plan initiatives: 1) Empower the community to improve health through programs, policies, and activities; 2) Enhance community health and safety by emphasizing prevention. It also supports one of the ten essential public health services: 6) 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 submission of the LAMP to the Central Coast Water Board.
Prepared by: John Ramirez, Director, Environmental Health Bureau, 4539
Approved by: Elsa Jimenez, Interim Director of Health, 4743
Attachment:
Proposed Local Agency Onsite Wastewater Treatment System ManagementProgram (LAMP) Report