Alameda County Department of Environmental Health Land Use Program Onsite Waste Water Treatment Systems (OWTS) Regulatory Oversight January 5, 2015 Presentation Overview • 2014 Land Use Program – Actions Triggering Onsite Wastewater Treatment System Oversight – Service Requests Statistics – Work Flow Changes – Administrative Changes – Fees • Going Forward – Local Agency Management Program (LAMP) – Groundwater Sustainability Act – Program Restructuring – Fee Evaluation per Prop26 Requirements – Tools or a Solution Actions Triggering Land Use Program Regulatory Oversight Owner Initiated Installation of New Potable Water Supply Well or Treatment of Existing Well Sewer Connection/Existing OWTS Abandonment Failing OWTS Real Estate Transactions Site Development/Improvement Projects (Additions, Remodels, New Construction) Regulatory Agency Initiated PWA Referral to ACDEH (Building, Demolition, Grading Permit Applications) CDA Referral to ACDEH (Site Development Reviews, Conditional Use Permits, Subdivisions) ACDEH Food Program Referral to ACDEH Land Use Program (Commercial Food Facility Permits) Non-Compliance with ACDEH Land Use Program Directives (Corrective Action) Complaint Investigations & Code Enforcement (Illegal & Failing OWTs) 2014 Service Request Statistics Service Request Type In Queue Processed Residential Projects Commercial Projects Real Estate Transactions Complaint & Code Enforcement Investigations Failing OWTS Requiring Corrective Action Undocumented OWTS Project Consultation Meetings Potable Water Supply Well Source Testing OWTS Performance Evaluations OWTS Design Reviews Construction/Abandonment Permits OWTS Operating Permits Appeals & Variances 2014 Commercial Facility Statistics Commercial Facilities No. Wineries Dog Kennels Horse Boarding/Equestrian Centers Event Centers Restaurants/Bars/Cafes Gas Stations Cemetery/Crematoriums Schools Fire Stations Industrial/Power Facilities Solid Waste Facilites No. of Projects Requiring Interagency Coordination Agency Coordination Type No. ACDEH CUPA, Commercial/Industrial Facility Regulatory LOP, OPS Oversight and Permits CDA Site Development Review, Conditional Use Permits, Subdivisions, & Code Enforcement PWA Building , Demolition, and Grading Permits Zone 7 Residential and Commercial OWTS Permits RWQCB Tier 1 Consultation Meetings, Commercial Facility OWTS Permits CDF&W OWTS Streambed Crossings, Protected Species USACE Waters of the U.S., Jurisdictional Wetlands Cities Code Enforcement 2014 Land Use Program Statistics Location No. of Commercial Facilities No. of Residential Facilities Livermore Pleasanton Sunol Castro Valley Hayward Oakland Dublin Fremont EBRPD 2014 Land Use Program Work Flow Changes • Placing emphasis at the project scoping stage to ensure mutual understanding between stakeholders (customers, consultants, and regulatory agencies) regarding: – Permitting process – Coordination – Timeline – Customer and Consultant Responsibilities • Providing alternative project consultation meeting venues that are more central to customers 2014 Land Use Program Work Flow Changes • Placing emphasis on the preliminary design phase in the permitting process to identify project constraints, technology options, and potential projects costs (capital , O&M, and regulatory fees) in order to provide sufficient data for stakeholders to make informed financial and risk management decisions about their projects • Requiring greater accountability from OWTS design professionals and placing more emphasis on requisite certification, licenses and professional stamps • Incorporating OWTS Design Plans into the Building Permit Application Plans in order to facilitate interagency coordination during plan review and permit issuance 2014 Land Use Program Administrative Changes • Staff Increases • Development of Service Request Forms • Expansion of Fee Payment Options • Development of Permitting & Approval Process Work Flow Tables • Website Redesign • Inventory Tracking • Developing tools to share site specific and regional data with other regulatory agencies Service Request Types and Fees Service Request Type PE Code Fees Project Consultation Meeting 2613 $145 Site Visit/Evaluation 2613 $433 OWTS Performance/Site Evaluation 2601 $433 Existing OWTS As-Built Plan Review 2604 $433 Preliminary OWTS Design Review 2602, 2603, 2604 $1,587 Final OWTS Design Review 2604 $433 OWTS Construction Permit (Standard OWTS) 2605, 2614 $866 OWTS Construction Permit (Advanced OWTS) 2605, 2613, 2614 $1,011 OWTS Abandonment Permit 2612 $433 OWTS Operating Permit (Advanced OWTS) 2606 $288 Potable Water Supply Well Source Testing 2607 $433 Deed Restriction 2613 $145 Change Creates Confusion • The state’s OWTS requires a different approach that many in the field resist: – Is there discretion for when the policy can be implemented? – Is Section 3.1 in effect and does the State have the authority to over- ride local ordinance? – When the state rule is more restrictive, who has the authority to grant a variance? • Is DEH mandated to implement the OWTS? • Does the Business and Professions Code affect OWTS projects? • Does DEH have Administrative authority to change workflow, billing process, • What is the most effective way to keep the community informed of changes while still managing the workload? • Can the program become cost offsetting via fees? Going Forward • Certified Local Area Management Program (LAMP) in place by 2018 – Communication – Collaboration – Direction • Enforce all applicable laws and regulations • Restructure the program: annual monitoring, data sharing, staff priorities, workflow, fee evaluation per Prop 26 requirements LAMP Timeline • Local agencies can continue to implement their existing OWTS Programs until May 13, 2018 • In the interim period, all local agencies must consult with the RWQCB prior to permitting an OWTS for which the local agency standard is less protective than the OWTS Policy Tier 1, 3, or 4 requirements. • Local agencies must submit a written notice of its intent to regulate OWTS’s in their jurisdiction using a LAMP (Tier 2 Requirements). A proposed LAMP must accompany the notice and be submitted to the RWQCB by May 13, 2016 • The LAMP may propose differing requirements from the State OWTS Policy Tier 1, 3, and 4 requirements as long as they are deemed to protect water quality and public health • While reviewing the proposed LAMP, the RWQCB will consider the past performance of the local program to adequately protect water quality • Once approved, modifications to a LAMP must be approved by the RWQCB LAMP Required Elements • Education and Outreach Program – Regulatory oversight permitting and approval process – Operations, maintenance and reporting requirements – OWTS Service Provider Certification Program – Areas of Concern – Formation of OWTS Management Entities LAMP Required Elements • OWTS Service Provider Certification Educational, training, certification, and/or licensing requirements required of OWTS Service Providers: – Site Evaluators – Surveyors – Designers – Installers – Pumpers – Maintenance Contractors LAMP Required Elements • Septic Tank Cleaning Registration Program – Assessment of existing and proposed disposal locations for septage, the volume of septage anticipated, and whether adequate capacity is available – Septage pumper registration requirements – Septage pumper reporting requirements LAMP Required Elements • Water Quality Assessment Program – Development and maintenance of a Water Quality Assessment Program to evaluate OWTS impacts to ground and surface water – Implementation of Salt and Nutrient Management Plan and Groundwater Sustainability Program Requirements – Coordination with watershed management groups (Groundwater Basin Managers and Groundwater Sustainability Agencies) – Monitoring & analysis of water quality data (nitrates and pathogens) in surface & groundwater – Annual & 5-Year Reporting and Program Evaluation Requirements to RWQCB LAMP Required Elements • Water Quality Assessment Program Data Evaluation – Monitoring & analysis of water quality data (nitrates and pathogens) in surface & groundwater • Random well samples from a domestic well sampling program • Routine real estate transfer samples • Review of public system sampling reports done by the local agency or another municipality responsible for the public system • Water quality testing reports done at the time of new well development • Receiving water sampling performed as part of an NPDES permit • Groundwater sampling performed as part of Waste Discharge Requirements • Groundwater data collected as part of the Groundwater Ambient Monitoring and Assessment Program and available in the State Geotracker Database LAMP Required Elements • Identification of Areas of Concern – Requires complete inventory of OWTSs – Areas with parcels where there is insufficient area for OWTS expansion in case of failure – Areas with high domestic well usage – Areas with surface water & groundwater vulnerability to OWTS due to: • Hydrogeologic conditions • Proximity to surface water bodies • High OWTS density • High density of failing OWTSs and OWTSs predating adopted standards of design and construction • Parcel size and susceptibility to hydraulic mounding LAMP Required Elements • OWTS’s Requiring Corrective Action – Has affected or will affect groundwater or surface water to a degree that makes it unfit for drinking or other uses – Is causing a human health or public nuisance condition by waste water discharging to surface or backing up into plumbing fixtures – Requires repairs in substantial conformance