Proposed amendments to a city ordinance on septic systems could have some property owners in Malibu reaching deep into their wallets. The city’s environmental sustainability department, along with the Malibu Wastewater Advisory Committee, recently crafted amendments to help ensure compliance with various environmental regulations on septic systems. Noting that some of Malibu’s oldest residential neighborhoods were built in the ‘50s and ‘60s, with many residences now having 45- to 65-year-old septic systems, the city has evidence that some of those systems are already failing.
The draft ordinance, No. 421, was on the agenda of the City Council meeting on May 8. At that meeting, Craig George, environmental sustainability director, told city council, “It’s the responsibility of the city, according to local, state and federal laws, to be able to identify failed systems.”
The draft of the proposed ordinance states that the City of Malibu could require a property owner to replace or repair a septic system if it has to be pumped more than twice in six months, if the property is being used for a commercial purpose (as defined by the municipal code), or if effluent (i.e., raw sewage) is leaking out — a violation of state law.
As of the publication of this article, whenever a septic system is pumped, the pumper sends a report to the city. Under the new ordinance, if the city notes that a property was pumped more than twice in six months, they will require the owner to apply for an operating permit and an inspection, to see what parts have failed.
“No system should be pumped more than twice in six months — if it is, it’s failing,” George said. “A normal system only needs to be pumped once every five to seven years, and we have reports of a lot of places in Malibu being pumped on a weekly basis.”
According to the city’s plan, there are going to be exceptions that a property owner can apply for — for example, if they have pumping done to the onsite wastewater system after several large parties within six months. Onsite Wastewater Treatment System (OWTS) is the city’s official term for septic systems.
About a half-dozen public comments were made on May 8, most coming from people who said they just heard about the ordinance the day before the city council meeting, and didn’t think adequate public input had been obtained for it. Several asked for at least one more opportunity for input and discussion, and the council granted that request — the issue was put on the agenda of the Wastewater Advisory Committee on May 25.
The May 25 Wastewater Advisory Committee meeting was attended by nearly 40 people. Norm Haynie, committee chairman, advised that some suggestions made by the public at City Hall would be incorporated into the amendments, but explained, “The state is mandating some of the ordinances and changes… and there are a lot of things coming down from the state that we’ll have to deal with.”
In addition to the state, Haynie said the amendments were also driven by the number of complaints the city receives about constant pumping at some properties.
“Some places are pumping every other day, and the constant noise and odor is just too much for the neighbors,” Haynie said.
The pumping companies were asked how many properties are pumping more than twice in six months now, and the answer is 30 to 40.
“They’re the ones causing all the problems,” Haynie claimed. He reassured attendees that septic problems resulting from maintenance issues like tree roots, broken pipes or minor blockages would not result in someone being asked to put in a whole new system.
Items that could trigger an order to replace the entire septic system would include nonrepairable major components, dispersal field failure, overloading the system design and earth movements or slides.
Melinda Talent, the city’s new environmental health administrator, crafted the wording of the amendments and reviewed the various procedures for reporting, definitions of terms, how pumpers get registered with the city and other notes.
Nearly all of the public comments both at this meeting and the City Council meeting came from real estate agents.
“If a property is for sale, and the system doesn’t pass inspection, and it takes nine months to a year to get the permits, you could lose the house and the buyer,” Marcus Beck said.
Amendments are expected to be back before city council again shortly, and can be reviewed by visiting malibucity.org and clicking the May 8 City Council agenda.