New Regulations will limit your Private Property Rights

If you own property anywhere within the State of California that currently has or will possibly have a Septic System in the future, please read on.

I know Septic Systems are not an overly attractive point of discussion, however, the passage of AB 885 and impending regulations could cost you thousands of dollars and potentially lead to you owning a piece of property that is NOT buildable or a Home that would need thousands of dollars in Point of Sale retrofits.

This is a potential and very real problem for EVERY private property owner within San Joaquin County.

The state of California has released the proposed regulations for onsite wastewater treatment systems (OWTS) and the accompanying Draft Environmental Impact Report (DEIR) evaluating the impacts of the implementation of the regulations on the people and environment of California. You should be concerned that, if enacted, these regulations will make it too burdensome to own a property with a septic system. There is even a new point-of-sale requirement to transfer technical documents.

The cost of achieving compliance is too burdensome and costly and hurts housing affordability.

Groundwater testing and routine inspections will be required whether there is evidence of septic-related problems or not, adding an unnecessary cost burden to property owners - many of whom are either low income and are dealing with declining property values due to the market.

The separation to groundwater standard and loss of sidewall infiltration will require new and existing homebuyers to install tremendously expensive “alternative systems”- if they are even locally allowed. This will make homeownership unachievable for many people throughout the state. And will certainly make it much more challenging in the sale of your existing property.

The regulations need to allow for an effective, pragmatic variance process, where local government regulators can make site-specific exceptions to the regulations and determinations of "functional equivalency" for local conditions.

· The owners of existing septic systems with supplemental treatment systems will now be required to maintain and transfer technical documents at point of sale. This is a problem because:
Thousands of systems would already be out of compliance due to lost or misplaced documents.
Home Owners, Land Owners and Realtors® will be exposed to increased liability in the sale or transfer of property.

The requirement to install groundwater-monitoring wells for new systems is too costly and will prevent building on otherwise usable lots.

These proposed regulations and draft Environmental Impact Report (DEIR) have been released to the public for review and can be found at: http://www.waterboards.ca.gov/water_issues/programs/septic_tanks/


The state is in the process of holding several local workshops and hearings where members of the public may give written and/or oral input regarding the State Water Board’s proposed regulatory actions. These meetings are a forum designed to gain public input about the proposed regulations and content of the DEIR. This is your chance to let the SWRCB know that the proposed regulations are too costly and burdensome and that the DEIR falls short of adequately evaluating the true financial impact of the proposed regulations on California homeowners.

You can attend a Public Hearing in Sacramento February 9, 1:30pm at the Cal EPA Building, Byron Sher Auditorium, 1001 I Street, Sacto.

Or provide written comment to:

State Water Resources Control Board Division of Water Quality
Attn: Todd Thompson, P.E.
1001 I Street, 15th Floor, P.O. Box 2231
email: AB885@waterboards.ca.gov
Sacramento, CA 95812

Thank you for your attention to this important issue regarding private property rights.
Ryan