Nine years ago, I worked with then-Assemblymember Hannah-Beth Jackson and the California environmental health agencies to draft Assembly Bill 885,which finally required the State Water Board to regulate water quality from septic systems in a systematic way. Shockingly, the state had never required water quality performance standards for septic systems. The cornerstone of the bill put tougher requirements on septic systems near nutrient and fecal bacteria impaired waters. It placed minimal siting, design and construction requirements on septic systems throughout the state, e.g. no more cesspools or wooden septic tanks. The bill was written in response to beach and creek water quality problems caused or exacerbated by poorly operated, designed or sited septic systems. Surfrider Beach and Malibu Lagoon, and Rincon on the Ventura-Santa Barbara county border were high-profile examples.
Nine years later, the State Water Board still hasn’t approved the regulations required by AB 885. There were two multiple stakeholder negotiation processes that failed to reach agreement on final regulations. The board has come out with numerous draft regulations, but it never approved them. Recently, the panel came out with draft regulations and an Environmental Impact Report on the regulations. I am convinced that the regs and the EIR were designed to upset anyone that has an on-site wastewater treatment system, regulates those systems at the local government level, or swims in waters polluted by such systems. In short, the document pisses off everyone.
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