Statewide Septic Systems Policy - OWTS

OWTS - Septics Policy Questions and Answers

1. What does “OWTS” stand for?
2. What does “TMDL” stand for?
3. Will I need to replace my septic tank?
4. Why is this policy being written?
5. Who will be affected by the proposed policy?
6. How do I know if the creek/lake/river/ocean segment near me is polluted or “impaired” with nitrogen or pathogens?
7. Do you have a website where I can type in an address to determine if my property is affected by the policy?
8. Why does the map tool identify properties within 2000 feet of an impaired water body listed on Attachment 2? According to the policy, the OWTS falls under Tier 3 if its dispersal system is within the boundary established by a TMDL or the special provisions in a Local Agency Management Program, or within 600 feet of a nitrogen or pathogen impaired water body that is listed on Attachment 2
9. What is “Tier 3” and how long do I have to comply with Tier 3?
10. How do I know when my existing OWTS will have to comply with Tier 3 requirements?
11. I believe my existing OWTS falls within Tier 3.  How soon will I know if I need to replace my system?
12. What are local agency special provisions for impaired water bodies?
13. How will it be determined that my OWTS needs to be repaired or replaced?
14. If I have to repair or replace my system, how much is this going to cost me?
15. What can I do to make sure I am in compliance with the law right now?
16. Aren’t county regulations good enough already?
17. What are the main differences between the draft policy that was released in September 2011 and the final draft policy that was released in March 2012?
18. Why is there another public comment period on the policy?
19. Is the State Water Board conducting a peer review of the draft final policy?
20. How can I make my position on the proposed draft final policy known?
21. How can I stay informed about the development of the OWTS policy?

1.  What does “OWTS” stand for?

• Onsite Wastewater Treatment Systems.  The most common type of OWTS is a septic system, consisting of a septic tank and leachfield.

2.  What does “TMDL” stand for?

• A Total Maximum Daily Load is essentially a plan adopted by a Regional Water Board to limit pollutants reaching an impaired water body and return the water body to its full beneficial uses.  A TMDL assigns requirements to reduce impairments to the various sources of the pollutants.  In some cases, those sources of pollutants include OWTS.

3.  Will I need to replace my septic tank?

• It is estimated that the policy will affect less than 2% of septic tank owners.  That is, more than 98% of septic owners will not need to replace or alter their septic system as a result of the policy.  For those that do, the types of changes required will vary widely based on their particular circumstances, from only minor modifications in some cases to possibly whole new treatment systems in others.

4.  Why is this policy being written?

• In specific areas of the state, OWTS are known to be contributing to water quality problems.  The State Water Board is required by law to adopt statewide standards for OWTS.  This policy is intended to enable local communities to move forward in addressing public health and environmental problems due to pollution from some OWTS.

5.  Who will be affected by the proposed policy?

• Owners of septic systems near any of the nitrogen or pathogen impaired state waters that are listed in Attachment 2 of the policy.
• People installing new or replacement OWTS.
• Owners of a failing OWTS.
• Local agencies that permit OWTS installations and repairs.

6.  How do I know if the creek/lake/river/ocean segment near me is polluted or “impaired” with nitrogen or pathogens?

• The complete list of impaired water bodies are identified on California’s 303(d) list.  The 303(d) list is required by the federal Clean Water Act and can be viewed at the following website: http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml.
  
• Attachment 2 of the policy identifies a substantially smaller set of water bodies where OWTS are likely contributors to the nitrogen or pathogen impairment.  Only OWTS that are near Attachment 2 water bodies are subject to the policy’s requirements related to the impairments contained in Tier 3.  The Regional Water Boards are required to adopt TMDLs to restore the water bodies by the corresponding dates in Attachment 2.  In addition, any proposed new OWTS to be installed within 600 feet of the water bodies listed in Attachment 2 is required to comply with any existing TMDL or special provisions adopted by the local agency, or install supplemental treatment.  Attachment 2 can be accessed here.

7.  Do you have a website where I can type in an address to determine if my property is affected by the policy?

• Yes, but with some limitations.  This map tool allows a user to enter an address and determine if a property is within 2000 feet of a nitrogen or pathogen impaired water body listed on Attachment 2.
  • What does this mean?
    • If no nitrogen or pathogen impaired waters listed on Attachment 2 are identified within 2000 feet of an address, it is likely that a property owner will only need to consult their local permitting agency for what requirements they have to meet (or Tier 1 of the Policy if their local agency chooses not to submit a local agency management plan) if their OWTS fails, or they plan to upgrade or replace their OWTS.
    • If nitrogen or pathogen impaired waters listed on Attachment 2 are identified within 2000 feet of an address, there is a possibility that the existing OWTS falls in the Tier 3 category.  However, due to data limitations, property owners are strongly advised to conduct further investigation with the help of their local agencies and/or Regional Water Quality Control Board and/or State Water Resources Control Board to determine whether they fall into the Tier 3 category.

8.  Why does the map tool identify properties within 2000 feet of an impaired water body listed on Attachment 2? According to the policy, the OWTS falls under Tier 3 if its dispersal system is within the boundary established by a TMDL or the special provisions in a Local Agency Management Program, or within 600 feet of a nitrogen or pathogen impaired water body that is listed on Attachment 2.

• The 2000 foot buffer was designed to account for the limitations of the map data and the address-matching software. These limitations include the scale and accuracy of the impaired water bodies, which are mapped at a non-survey scale of 1:100,000 scale and are subject to a horizontal accuracy error of +/-167 feet. True horizontal distance between the OWTS dispersal system and an impaired water body can only be measured by a surveyor.

The Water Board does not have access to parcel-level data, so the map utilizes a third-party address-locating service (also known as a "geocoding service") which translates street addresses to points on a map. This process, which does not match the address to the parcel, is only as accurate as the underlying street data. Even if the system could match the address with parcel-level accuracy, an on-site survey would be required to determine exactly where the OWTS dispersal system is within the parcel boundary.

Because of these limitations, the map tool is provided for general reference only and is not intended to provide a final determination whether a specific property may be subject to Tier 3 of the policy. Property owners whose properties fall within 2000 feet of a nutrient- or pathogen-impaired water body are strongly advised to contact their Regional Water Quality Control Board office for additional investigation.

9.  What is “Tier 3” and how long do I have to comply with Tier 3?

• Tier 3 is a category in the OWTS policy that prescribes supplemental treatment requirements for OWTS that will be installed close to any of the water bodies that are impaired by nutrients and pathogens and listed on Attachment 2.
• The time lines for complying with Tie  3 requirements will be different for every water body, and in most instances detailed by a TMDL implementation program.  If a TMDL already has been prepared, then you will need to refer to the TMDL for the appropriate timelines.  If a TMDL has not been prepared for those specifically identified water bodies as requiring one (see Attachment 2), then Attachment 2 specifies the date by which the Regional Water Board must adopt one.  If a TMDL is not completed by the specified date and the local agency does not have any approved special provisions for that water body, then coverage under the policy’s waiver of waste discharge requirements expires and within a two year period the Regional Water Board will issue a new order for already-installed OWTS.  OWTS that have not yet been installed are subject to supplemental treatment requirements.

10.  How do I know when my existing OWTS will have to comply with Tier 3 requirements?

• Existing OWTS must comply with Tier 3 requirements as described under the following conditions:
  
  

  Condition	Condition Description	Timeline for Compliance
  A	A  TMDL, or local agency special provisions, have been adopted for the listed water body that includes OWTS as a source of pollution.  The TMDL’s implementation program will establish which OWTS are included and what is required for each OWTS.NOTE: If a TMDL exists for a water body listed as impaired for nutrients and/or pathogens and does not include OWTS as a source of pollution, then OWTS owners do not need to comply with the supplemental treatment requirements.	Will be specified in the TMDL implementation program or the local agency special provisions.
  B	The OWTS was installed prior to the date the water body is listed on Attachment 2, the OWTS is within 600 feet of a water body listed for pathogens or nitrates in Attachment 2 of the Policy, and neither a TMDL nor local agency special provisions for the water body are adopted for the water body within two years after the date specified in Attachment 2.	Upon issuance of an order by the Regional Water Board.
  C	A TMDL has not been adopted for a water body listed as impaired by pathogens or nutrients pursuant to Section 303(d) of the Clean Water Act, and the water body is not included in Attachment 2 of the Policy.	No requirements unless established by a future TMDL.

11.  I believe my existing OWTS falls within Tier 3.  How soon will I know if I need to replace my system?

• The Policy will be adopted by the State Water Board after the public has had an opportunity to comment on the draft Policy.  It is estimated that the Policy will be adopted in the spring or summer of 2012. The Regional Water Boards and local agencies will need some time to adopt TMDLs or, special provisions in their local agency management programs, respectively.  Therefore, it may be some time before there is certainty as to which systems must be upgraded or replaced.

12.  What are local agency special provisions for impaired water bodies?

• Local Agency Management Programs are described in Tier 2.  A local agency may, at its discretion, include special provisions related to specified impaired water bodies located within its jurisdiction.  If those special provisions are approved as part of the Local Agency Management Program and the Regional Water Board has not yet approved a TMDL, those special provisions will replace the supplemental treatment requirements contained in Tier 3 for new and replaced OWTS that are near an impaired water body listed on Attachment 2. 

13.  How will it be determined that my OWTS needs to be repaired or replaced?

• A system needs to be repaired or replaced when it has come to the attention of a regulatory agency that the OWTS is failing and the regulatory agency has issued a notice to correct the failing OWTS.  This is usually due to surfacing wastewater that is causing a condition of pollution or nuisance (often, odors) and has resulted in a complaint investigation.  However, failing OWTS can also be found as a result of other circumstances.  The Policy does not require any agency to actively seek, through surveys or inspections, failing OWTS.

14.  If I have to repair or replace my system, how much is this going to cost me?

• The estimated cost of compliance varies and is both site and situation specific.  This subject is addressed in the Substitute Environmental Document.

15.  What can I do to make sure I am in compliance with the law right now?

• OWTS are currently regulated by local (city and county) governments and, in some cases, the regional water quality control boards. Contact your county government for more information on specific existing regulations and standards for your area. 

16.  Aren’t county regulations good enough already?

• The State Water Board is required by law, California Water Code sections 13290 - 13291.7, to adopt statewide regulations or standards for the permitting and operation of onsite wastewater treatment systems.
• Most counties have very effective local programs for preventing pollution from OWTS.  The state policy works as a back up to protect public health and the environment in the event that OWTS pollution becomes a problem in a community.  
• California is one of only two states in the country that has not yet adopted a consistent statewide policy to address the issue of OWTS pollution. 

17.  What are the main differences between the draft policy that was released in September 2011 and the final draft policy that was released in March 2012?

• The final draft policy reflects many of the comments that State Water Board staff received during workshops and the comment period on the September 2011 draft policy.
• The list of impaired water bodies on Attachment 2 was further refined by staff.
• The requirements for supplemental treatment for previously-installed OWTS near Attachment 2 water bodies were removed.
• The requirements for a local agency management program were clarified.
• The relationship between the tiers in the policy was explained more thoroughly.
• A description of the State Water Board’s financial assistance mechanism was added.

18.  Why is there another public comment period on the policy?

• The public comment period for the September 2011 draft policy was designed to solicit comments on a totally new proposed framework and structure for OWTS standards, compared to previous drafts.  Those comments have been reviewed and, as a result, substantial changes have been made to the draft policy while retaining the same general framework, resulting in the March 2012 draft final version.  The March 2012 draft final policy is now being circulated for the official public comment period prior to being considered for adoption by the State Water Board.

19.  Is the State Water Board conducting a peer review of the draft final policy?

• Yes.  As required by state law, the State Water Board is soliciting a peer review of the scientific basis for the draft final policy.  The results of the peer review will be made public and considered by the State Water Board prior to its adoption of the policy.
  

20.  How can I make my position on the proposed draft final policy known?

• State Water Board staff will conduct a workshop on the draft final policy, followed by a public hearing conducted by the State Water Board.  Members of the public can:
  • Submit written comments regarding the draft policy. Comment deadlines are specified in the public notice.
  • Participate in the public workshop and public hearing to present oral comments.

21.  How can I stay informed about the development of the OWTS policy?

• Sign up for the "Onsite Wastewater Treatment Systems" electronic mailing list.

( Updated 3/20/12 )