Butte County Board of Supervisors Agenda Transmittal

Transcription

1 Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: 5.02 Subject: Liquid Waste Management Fees - Public Health Department Department: Public Health Meeting Date Requested: 02/13/18 Contact: Cathy Raevsky Phone: Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). At its January 9, 2018 meeting, the Board requested that Public Health Department staff return at a future date to discuss the fee for the annual operating permit for supplemental sewage treatment systems. The current operating permit fee for pressure distribution or supplemental treatment systems is $167. As directed, staff examined appropriate State laws and regulations and concluded that a review of the required annual operation, maintenance, and monitoring reports prepared by third party consultants (hired by the property owner) is necessary. The department is recommending that the operating permit fee remain at $167 as adopted by the Board effective September 1, 2017 as part of the county-wide Master Fee Schedule update. Fiscal Impact: If the fee were lowered or eliminated, there would be a loss of revenue to the Public Health Department. While there are currently not a large number of these permits issued, permitting of these types of systems is expected to increase in the near future, due to the environmental conditions prevalent in many of the remaining developable areas of the County. Personnel Impact: None. Action Requested: 1. Make no changes to the currently adopted fee of $167; or 2. Adopt resolution with fees as directed by the Board of Supervisors in the Liquid Waste Management section of the Butte County Master Fee Schedule and authorize the Chair to sign. Administrative Office Review: Sang Kim, Deputy Chief Administrative Officer

2 Public Health Administration Cathy A. Raevsky, Director Andy Miller, M.D., Health Officer 202 Mira Loma Drive T: Oroville, California F: buttecounty.net/publichealth MEMORANDUM DATE: February 13, 2018 TO: Board of Supervisors FROM: Cathy Raevsky, Director RE: Operating Permit, Supplemental Treatment Sewage Systems Fee Background: On January 9, 2018, the Board requested that the Public Health Department staff return at a future meeting to discuss the fee for the annual operating permit for supplemental sewage treatment systems. County Counsel was requested to analyze any regulatory requirements for Environmental Health staff to review the required annual Operation, Maintenance and Monitoring reports prepared by third party consultants hired by the property owner, as this staff review time is the basis of the fee. During the most recent update of the Master Fee Schedule in 2017, this annual operating permit fee was increased from $53 to $167, based upon the approved time study methodology for the fee study. Supplemental treatment is a type of onsite sewage disposal system (also referred to as an Onsite Wastewater Treatment System or OWTS) that has components that treat wastewater to a level that is cleaner than if it simply passed through an ordinary septic tank and leachfield system. Supplemental treatment sewage systems are necessary in areas with environmental characteristics that are more susceptible to contamination from wastewater discharges. Typically, these are areas with high groundwater or very shallow soils over impermeable strata, such as lava cap or clay. Property owners who must install these systems are required to hire a third party certified Operation, Maintenance and Monitoring (OM&M) Specialist who must annually evaluate the operation of the supplemental treatment system to: ensure the component parts of the system are being maintained in good working order; ensure minimum standards for effluent wastewater strength are being met; report any operational discrepancies to the Environmental Health Division of Public Health.

3 The report generated by the OM&M Specialist is reviewed by a Registered Environmental Health Specialist within the Environmental Health Division of Public Health to ensure that regulatory parameters for the system are being met, and if problems are noted, that corrective action is taken in order to protect public health, groundwater and surface waters. Regulatory Basis for Environmental Health Review of OM&M Reports: The requirement for monitoring, oversight and evaluation of Onsite Wastewater Treatment systems originates in Sections , Chapter 4.5, Division 7 of the California Water Code. In order to implement the directive contained within the code, the State Water Board adopted regulations within an OWTS policy which provided local enforcement agencies (LEAs) with the option to adopt a Local Agency Management Program (LAMP) to regulate OWTS in their county. For Butte County, the Environmental Health Division of Public Health is the LEA. The Butte County LAMP, which was approved by the Board of Supervisors on March 24, 2015, and by the Central Valley Water Board on June 24, 2016, contains all of the minimum standards set forth in the State OWTS. The OWTS Policy requires that Butte County Environmental Health do the following in the management of its approved LAMP: Maintain a water quality assessment program to determine the general operation status of OWTS, and to evaluate the impact of OWTS discharges to groundwater and local surface water quality Submit an annual report to the Regional Water Board summarizing data received from a number of sources, including any information resulting from inspections Every fifth year, submit an evaluation of the monitoring program Not approve any OWTS utilizing supplemental treatment without requirements for periodic monitoring or inspections The Butte County LAMP includes the following provisions relating to supplemental treatment systems: Butte County Environmental Health, as the LEA (Local Enforcement Agency), must certify all Operation, Monitoring & Maintenance Specialists who prepare the annual reports, and has the authority to suspend or revoke their certification As the LEA, Butte County Environmental Health must monitor and analyze the performance of on-site systems within the County by reviewing OM&M data in relationship to written performance standards; assure timely follow up and correction,

4 including enforcement action when problems are encountered with individual wastewater systems or with treatment and dispersal technologies which are being monitored through the OM&M program. Describes the frequency for renewal of annual operating permits by system type States that the operating permit will be renewed upon receipt of the appropriate fee and verification of compliance with OM&M requirements Describes the minimum inspection requirements and effluent constituent requirements which are verified through the review of the OM&M report by Environmental Health Describes corrective action steps which may be taken as a result of Environmental Health determination that the system is non-compliant, based upon analysis of the OM&M annual report and/or other monitoring In summary, in order to meet its responsibilities as the LEA, and comply with the LAMP, the OWTS policy and State Water Code, a hands-on review of the OM&M reports by Environmental Health staff is required. Discussion of Fee Calculation: The annual operating permit fee for supplemental sewage treatment systems is $167, which became effective September 1, This fee represents 1.5 hours of staff time at the approved Environmental Health hourly rate of $111. The tasks and time allocated to those tasks are as follows: Administrative: 30 minutes Receive and log reports Transfer report data into tracking software Technical Review: 30 minutes Review OM&M Specialists report for compliance with written standards Review operational status of applicable component parts of the supplemental treatment system: septic tank, ATU or packed bed, gravity dispersal drainfield, control panel, pump and dosing chamber, intermittent single-pass sand filter; Review water quality data (influent and effluent) in the constituent analysis section to determine compliance with water quality standards and proper system functioning Follow Up and Enforcement: 30 minutes Time allotted to handle communication and questions on report Follow up with homeowner and OM&M Specialist to ensure timely correction of noted issues

5 The Public Health Department recommends that the fee for this permit remain at $167, as adopted by the Board of Supervisors as part of the countywide Master Fee Schedule update, effective September 1, 2017.

6 Resolution No. RESOLUTION AMENDING THE MASTER FEE SCHEDULE FOR SERVICES PROVIDED BY THE COUNTY OF BUTTE FOR PUBLIC HEALTH ENVIRONMENTAL HEALTH WHEREAS, the Board of Supervisors established the Butte County Master Fee Schedule by Resolution on March 24, 2009 and has amended the Fee Schedule over time; and WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the County of Butte is authorized to adopt and implement fees for services, provided however, that such fees do not exceed the estimated reasonable cost of providing such service; and WHEREAS, the County strives to increase and maintain clarity, consistency, and transparency of the fee process; and WHEREAS, at the January 9, 2018 Board of Supervisors meeting, the Board expressed an interest in reviewing fees in the Liquid Waste Management section; and WHEREAS, a public hearing was noticed ten days prior to the date of this Resolution to allow consideration of the proposed fee adjustments prior to adoption of this Resolution; and WHEREAS, land use related fees shall be effective at least 60 days after date of adoption; and WHEREAS, the Board of Supervisors desires to adjust current fees. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Butte adopt fees as delineated in Exhibit A and amends the Butte County Master Fee Schedule to reflect the changes. Fee adjustments shall become effective April 15, PASSED AND ADOPTED by the Butte County Board of Supervisors this 13th day of February, 2018 by the following vote: AYES: NOES: ABSENT: NOT VOTING: ATTEST: Chief Administrative Officer and Clerk of the Board of Supervisors By Deputy Steve Lambert, Chair Butte County Board of Supervisors

7 EXHIBIT A BUTTE COUNTY PUBLIC HEALTH ENVIRONMENTAL HEALTH Master Fee Schedule Activity Current Fee LIQUID WASTE MANAGEMENT FEES A. Site Evaluation for new Construction $ Notes B. Construction Permit: 1. Single Family Residence New System a. Gravity $ b. Pressure distribution (only) $ c. Supplemental Treatment System $ Multifamily or Commercial New System a. Gravity $ i. First 1,000 gpd Design Flow $ ii. Each additional 1,000 gpd Design $ b. Pressure distribution (only) $ i. First 1,000 gpd Design Flow $ ii. Each additional 1,000 gpd Design $ c. Supplemental Treatment System $1, i. First 1,000 gpd Design Flow $ ii. Each additional 1,000 gpd Design $ Operating Permit (Pressure Distribution or Supplemental Treatment Systems only) 4. Wastewater Professional Certification $ a. Examination (one time only requirement) $ b. Initial (first time) certification $56.00 c. Pumper recertification $ d. Installer, Designer, OM&M Specialist recertification $ Septic Pump Truck Office Inspection $ Septic Pump Truck Inspection at Place of Business $ Wastewater System Repairs a. Except Septic Tank Replacement Only $ b. Septic Tank Replacement Only $ Septic Tank Destruction $ Review Drainage Trench $ Wastewater System Expansion (On site Assessment Required) $555.00

8 BUTTE COUNTY PUBLIC HEALTH ENVIRONMENTAL HEALTH Master Fee Schedule Activity Current Fee Notes 11. Construction Permit Renewal $ Recycled Water Ponds a. Construction Permit (review and issuance) $ Per hour. b. Operating Permit Renewal $ *Fee set by State or Federal legislation. The Master Fee Schedule will be updated to reflect any mandatory fee amendments established by future State or Federal legislation.