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HomeMy WebLinkAboutMINUTES - 09171996 - C83 Contra C.�3 SE L TO: BOARD OF SUPERVISORS - Costa FROM: Supervisor Tom Torlakson x °"' �Io County DATE: September 17, 1996 STA COU SUBJECT: DIRECT ENVIRONMENTAL HEALTH DEPARTMENT TO PROVIDE A REPORT ON STATUS OF REVISED SEPTIC ORDINANCE, AS WELL AS DEVELOPMENT OF GUIDELINES AND POLICIES TO ADDRESS USE OF ALTERNATIVE SEPTIC SYSTEMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION RECOMMENDED ACTION: Direct Environmental Health Department to provide a report to the Board on: ♦ the status of the revised septic ordinance, as well as development of guidelines and policies to address the use of alternative septic systems ♦ a status report on previous Board direction to pursue a change in the Memorandum of Understanding with the Central Valley Water Quality Control Board to allow the use of alternative systems, and ♦ a status report on previous Board direction to convene a task force to review current policies and procedures with regard to approval of septic systems in the East County area. Request that this report be provided to the Board no later than October 15, 1996. The report should also include a projected schedule for adoption of the new County septic ordinance. BACKGROUND INFORMATION: In response to numerous problems with the processing of septic permit applications in East Contra Costa County, the District V Supervisor introduced a Board Order on January 24, 1995 (copy attached) directing the Environmental Health Department to take several specific actions related to the processing of said permits. A period of approximately 21 months has now passed, and it appears that the same problems are continuing to be experienced by individuals attempting to obtain septic permits in Far East County. In order to determine what steps have been taken by Environmental Health as directed in the 1/24/95 Board Order, it appears that a review is appropriate at this time. CONTINUED ON ATTACHMENT: >�YES SIGNATURE: �L/ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON September 17, 1996 APPROVED AS RECOMMENDED: X OTHER: VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF X UNANIMOUS(ABSENT -------------- ) THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ATTESTED September 17, 1996 PHIL C OR,CLERK OF BOA D OF ABSENT: ABSTAIN: gS 4ERSANDCOUN7 , ADMINI Tcc: Supervisor To/lakson BYX, County Administrator Environmental Health TO: BOARD OF SUPERVISORS" Contra FROM: Supervisor Tom Torlakson Costa {. DATE: January 24, 1995 COUnty '� r SUBJECT; DIRECT ENVIRONMENTAL HEALTH DEPARTMENT TO DEVELOP SPECIFIC GUIDELINES AND POLICY WITH REGARD TO APPROVALS FOR SEPTIC SYSTEMS AND USE OF ALTERNATIVE SYSTEMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ( 1 ) Direct the Environmental Health Division Department to immediately implement a change in policy and procedures which will allow for the discussion, approval and implementation of alternate septic systems--as done, for instance, in San Joaquin County. Refer to the Water Committee to monitor the implementation of these policies . (2) Direct staff to pursue an ultimate change in the Memorandum of Understanding with the Central Valley Regional Water Quality Control Board to allow the use of alternate systems, such as are in place in San Joaquin County. ( 3 ) Further, direct Environmental Health Division staff to process immediate approval of septic systems for those applicants in the following categories: (a) Applicants in possession of final maps approved by and under the standards of the Environmental Health Division staff at the time of filing the final map or in possession of parcels created by such maps. (b) Applicants in possession of vested maps approved by and under the standards set forth by the Environmental Health Division at the time the map is vested. (c) Applicants in possession of maps approved by and under the standards of the Environmental Health Division, but .whose, maps have subsequently expired due to inactivity resultant from litigation or resolution of estate or other unusual and protracted financial issues. CONTINUEDONATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS 18 A TRUE UNANIMOUS(ABSE)1.1-. ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED PHIL BATCHELOR.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADWNISTRATOR. ���onioaBY ,DEPUTY SEPTIC TANK SYSTEMS January 24, 1995 Page TWO (4 ) Direct staff to convene a Task Force comprised of representatives of the property owners, the Contra Costa Farm Bureau, Cattleman's Association, Delta Board of Realtors, Citizens Land Alliance, East County Farmer, engineering firms and companies involved in well drilling and septic systems, and representatives of interested municipal advisory councils . This task force shall conduct a review of the current staff policies and procedures with regard to the approval of septic systems in the East County area. Further, ,the Task Force will participate in a workshop sponsored by the Environmental Health Division to review the County's proposed new Septic System and Well Ordinances and current policies including use of mottling as a diagnostic tool. This workshop should be conducted within the next +5—ta 60-- days . �F6b z2) The Task Force should also help further define what the current and/or potential water quality problems might be -- in location, type of quality issues, and relative contribution to the perceived risks by septic discharges, fertilizers currently and historically applied, and animal wastes fro horse paddocks or other farm animals . The Task Force and Environmental Health Division would be directed to develop educational, maintenance and other prevention strategies to address water pollution concerns . Transfer of property "informed consent" and notice regarding septic maintenance standards and guidelines should be included in this review process . BACKGROUND INFORMATION: Landowners in Far East County, particularly in the Brentwood and Knightsen areas, who have subdivided parcels or who have purchased parcels that have been subdivided previously has encountered significant problems when attempting to obtain a building permit. These problems have resulted from the refusal of the Environmental Health Division to provide approval for septic systems, and an apparent lack of cooperation in providing options to these individuals . In many cases, these individuals have already been through the approval process and have received direct approval from the Health Department for septic systems when processing their application for subdivisions. In the majority of cases in question, applicants who have been denied are told to file an appeal, resulting in not only additional cost for the appeal itself but significant costs and time delays for additional monitoring and testing. These costs in many cases ran into thousands of dollars . It should be standard procedure within the Health Department that when the preferred system is found to be unsuitable for a particular parcel, alternate options should be provided and discussed with the applicant. We should not require or force an automatic appeal on the part of the applicant. Contra Costa County currently falls under the jurisdiction of both the Central Valley Regional Water Quality Control Board and the San Francisco Bay Regional Water Quality Control Board. The Central Board has suggested in recent conversations that it would be amenable to changes with the approval of the San Francisco Bay Regional Water Quality Control board. It is estimated that this process may .take up to two years . The unique conditions found in Far East Contra Costa County share nothing in common with the Bay RWQCB and the Board should direct the Environmental Health Division to pursue the establishment of standards for Far East County under the jurisdiction of the Central Valley Board independent of the Bay Board. Counties like San Joaquin have successfully implemented alternatives for property owners and Contra Costa should do the same. Our staff needs to convey a sense of reasonableness in relating to the public in these matters and provide cost effective and timely processing of alternatives .