Input gathered at a workshop last week revealed the high costs, between $35,000 and $45,000, of adhering to state septic system regulations set to be implemented by July 2010.
By Olivia Damavandi / Staff Writer
The California Onsite Wastewater Association last week hosted a community workshop at city hall to inform residents about the implementation of Assembly Bill 885, which is intended to provide statewide regulations for the monitoring of onsite wastewater treatment systems, commonly referred to as septic tank systems. The workshop took place in advance of one scheduled for this week Wednesday, conducted by the State Water Resources Control Board to gather public input on the proposed regulations. Issues voiced last Wednesday were of affordability and feasibility, and were the main causes for concern, as some believe the regulations are too strict.
A draft of the legislation has been stalled with the Senate and the governor’s office for many years; however, the State Water Resources Control Board is ready to move AB 885 forward. All properties in Malibu, especially those at least 600 feet from the ocean or from Malibu Creek and Lagoon, would be subject to the terms of the new law, which is expected to be implemented in July 2010. Under the new law, owners of existing septic systems will be required to have their septic tanks inspected for solids accumulations every five years at a cost of $325 per inspection. Owners with an onsite domestic well on their property must have a state certified laboratory analyze groundwater once every five years and report the results electronically to the State Water Board at a cost of $325.
Owners of existing septic systems within 600 feet of an impaired body of water (meaning the ocean or Malibu Creek or Lagoon for Malibu residents) will be required to have a qualified professional determine whether the septic system is contributing to the impairment. If so, the septic system will be required to be retrofitted with supplemental treatment at the approximate cost of $45,000.
The proposed regulations will also apply to the construction of new septic systems, which will additionally be required to undergo a site assessment, including determinations of seasonal high groundwater. Among other regulations, new septic systems will have to be constructed by a state licensed contractor or by the property owner, and those within 600 feet of the ocean or of Malibu Creek and Lagoon must have supplemental treatment systems, which cost approximately $35,000 to install.
The cost of mandatory septic system upgrades and installations has concerned many residents who at the workshop expressed that Malibu has unique attributes that cannot conform to the statewide regulations.
Larry Young, a member of the city’s Wastewater Advisory Committee, said Monday in a telephone interview that unforeseen consequences exist any time a law is passed. “In the case of AB 885, there will be unforeseen consequences because not everyone is going to be able to afford to do what’s necessary to meet the requirements,” Young said, adding that the costs will be difficult for many counties to afford, particularly rural towns.
The state has not yet addressed the issue of cost in the proposed requirements, but can implement the bill. Both Young and Craig George, head of the Environmental and Building Safety Division, said they could not predict what consequences the state will impose on those who do not comply with AB 885 upon its implementation, or on those who cannot afford to do so.
The current minimum standards for septic system performance are based on the California Plumbing Code. George explained in a telephone interview Monday that the code describes “how to construct [an OWTS] and what to do, but doesn’t give standards for performance.”
Young said the problem with the California Plumbing Code is that “it is perceived by the people.” Young defined the code as a document that is published and revised annually by The International Association of Plumbing and Mechanical Officials. He explained that it is up to the state and its counties and cities to adopt the code. Thus, each jurisdiction can amend the code the way it sees fit.
Members of the California Onsite Wastewater Association said at last week’s workshop that state laws are meaningless unless they are “sustainable and understandable,” and that they will continue to “tweak” the proposed regulations.
“The standards are difficult to obtain by any system,” George said. “A number of counties object to them. Malibu is the only city dependent on onsite septic systems. The requirements are strenuous.”
The next community workshop, conducted by the state board, will take place Jan. 15 at 7 p.m. at Malibu High School.