New statewide regulations on private septic systems are set to
take effect in 2010, and some South Santa Clara County residents
are already saying the new rules stink.
New statewide regulations on private septic systems are set to take effect in 2010, and some South Santa Clara County residents are already saying the new rules stink.
The guidelines set forth in Assembly Bill 885, which was signed into law in 2000, provide uniform statewide standards for the installation, maintenance and operation of onsite septic systems.
But they also threaten to hit homeowners with a barrage of new costs, render some existing lots unbuildable, and take away local influence that makes the current regulatory setup more favorable.
“This is government intrusion when it isn’t necessary,” said Rita McCarty, a Gilroy resident who lives on a 20-acre walnut orchard that contains two septic systems.
One of the more contentious requirements set forth in the state law is that on properties that contain both a well and a septic system the owners must have their wells tested for bacteria every five years, according to Humphrey Karioki of the Santa Clara County Department of Public Health.
He said the law does not make exceptions based on the size of the parcel, and noted that well contamination from septic systems is less likely to occur on large properties where the well is a greater distance away from the sewage disposal site.
“(Testing of wells) may be unnecessary for bigger lots, and it wouldn’t provide any additional protection in terms of public health,” Karioki said. “It is a cost to the homeowner and an additional load to local departments” who are charged with enforcement of the new state laws. He added that locally there has not been a widespread problem with septic systems contaminating wells in the past.
Plus, property owners would have to pay an estimated $325 or more every five years to pay a certified professional to test their wells.
Kerry Carlson of Coyote Valley said he recently had his well tested voluntarily, and it was clean of harmful bacteria. “I certainly don’t want to pay $325 for something I already know,” said Carlson, who owns 14 acres served by a septic system.
The new regulations would also change the dimensions of the rock-filled trench that septic systems require. That could be a problem for some local properties that have been subdivided based on the current local regulations.
“That might render some of these lots unbuildable,” Karioki said.
Furthermore, some homeowners may be required to improve their existing septic systems, even if they are in compliance with current regulations.
Karioki said another element of AB 885 is that if the state determines that nearby surface water could be contaminated by a septic system, its owner would be required to pay for a retro-fitting. Those improvements could cost up to $45,000 per septic system, according to information on the California Farm Bureau Federation’s Web site.
Currently, regional water quality control boards regulate septic systems, which are used on most residential properties outside city boundaries that are not served by public sewer systems.
Karioki said that setup has worked well because the regulations have been based on conditions such as soil composition that can vary widely throughout the state.
“(The new regulations) will take away control from local jurisdictions. They should give a framework that allows local agencies to make determinations based on local conditions,” Karioki said.
Carlson added that the new law seems to be a “one-size-fits-all” approach that assumes all properties are the same.
He is also upset that the state agency that is responsible for enforcing the new regulations, the State Water Resources Control Board, has failed to adequately notify the public of the drastic changes.
Morgan Hill Public Works Director Jim Ashcraft estimated there are about 100 septic systems in the city limits, mostly in areas with hilly terrain that cannot be reached by public sewer lines.
The SWRCB did not return phone messages and e-mails requesting comment as of press time.
