HomeMy WebLinkAboutAAB 885 2.6.09 AAB 885 Page 1 of 1
Moghannam, Kathleen
From: Tanna Boyd [TBoyd@madera-county.com]
Sent: Friday, February 06, 2009 10:44 AM
To: Moghannam, Kathleen; CALAVERAS COUNTY; COLUSA COUNTY; CONTRA COSTA
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Subject: AAB 885
Importance: High
Attachments: AB885 RES 2009-025.doc
Dear Clerks of the Board:
Please distribute the attached Madera County Resolution to your Board of Supervisors.
«AB885 RES 2009-025.doc»
If you have any questions do not hesitate to contact me.
Sincerely,
Tanna G. Boyd
Chief Clerk of the Board
Madera County
200 West Fourth Street
Madera, CA 93637
(559) 675-7700
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2/9/2009
BEFORE
THE BOARD OF SUPERVISORS
OF THE COUNTY OF MADERA
STATE OF CALIFORNIA
In the Matter of } Resolution No.: 2009
THE STATE WATER RESOURCES ) A RESOLUTION OPPOSING THE STATE
CONTROL BOARD'S PROPOSED AB 885 } WATER RESOURCES CONTROL
ONSITE WASTEWATER TREATMENT ) BOARD'S PROPOSED AB 885 ONSITE
SYSTEMS REGULATIONS ) WASTEWATER TREATMENT SYSTEMS
REGULATIONS UNLESS SIGNIFICANTLY
AMENDED
WHEREAS, the State Water Resource Control Board has released draft
regulations and a draft EIR pursuant to AB-885; and
WHEREAS, the draft regulations, if adopted as currently proposed, will have
long-lasting and profound adverse impacts to rural counties, including Madera County,
and which the EIR either does not address, ignores or falsely concludes that the costs
are not significant; and
WHEREAS, the draft regulations fail to address many of the serious concerns
and suggestions for modification that have previously been brought forward by major
active participants In the AB 885 rule-making process; and
WHEREAS, the draft regulations, if adopted as currently proposed, will not
provide the level of water quality protection commensurate with the burden of the
extremely high cost these regulations will impose on a local jurisdiction and its
residents; and
WHEREAS, the draft regulations will impact the ability of local jurisdictions to
provide affordable housing by the increased costs associated with implementation; and
WHEREAS, the draft regulations apply uniformly ('one-size-fits-all") throughout
the State regardless of the diverse geographical, hydrogeological, demographic, and
other physical and social characteristics throughout California; and
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WHEREAS, the draft regulations are overly restrictive, impractical, extremely
costly; go beyond the intent of the AB 885 statute; unenforceable; lacks clarity, flexibility
(ignoring realistic alternatives) and justification for the proposed requirements; and
WHEREAS, the Water Board has identified some areas of California with
"impaired" waters where on-site septic systems are presumed to contribute to the
pollution; yet the draft regulations do not consider the cost of pollutant reduction from
septic systems relative to pollutant reduction from other possible and higher contributing
sources; and
WHEREAS, the Water Board's regulations, as drafted, apply to all on-site
sewage treatment systems in the State, including areas with no documented "impaired"
waters, and the EIR fails to address the disproportionate economic impacts on rural
counties as required by the State's Environmental Justice Policy, such as the impact on
individual homeowners where per capita income and property values are substantially
less than in larger counties; and
WHEREAS, the draft regulations require groundwater monitoring from onsite
domestic wells every five (5) years without justification or reasons and guidance of how
this information will be used; and imposes an unfair financial burden on rural
homeowners which the EIR fails to address as required by the State's Environmental
Justice Policy; the EIR additionally falsely concludes that there will be no increased staff
time/cost to counties to implement; and
WHEREAS, the regulations, if implemented will result in increased traffic from
increased construction and inspection activities, worsening air pollution from both
gasoline and diesel engines, subverting the State's effort to address Climate Change,
and Diesel Particulate Air Toxic Control Measures; and
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WHEREAS, City and County Public Health professionals have been efficiently
overseeing onsite sewage treatment for the protection of surface and subsurface water
for decades, adapting the science of Environmental Health to local conditions of soil and
water, for maximal efficiency in government; and
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of
Madera County a political subdivision of the State of California does declare the
following:
1. The State Water Resource Control Board should eliminate the requirement for
testing wells (section 30002 [s]), since it places inordinate financial burden on rural
homeowners, for no demonstrable Public Health benefit, a violation of the precept of
Environmental Justice_
2. The State Water Resource Control Board should allow local Public Health
agencies responsible for on-site sewage regulation in jurisdictions without documented
"impaired" waters to utilize the Water Board's guidelines as such as guidance, not as
state-wide standards or regulations, recognizing the expertise of Public Health
professionals in this regard.
3. The State Water Resource Control Board should address, in the E.I.R., the
issues of Environmental Justice Efficiency in Government, impact to Climate Change,
and impact to the Diesel A.C.T.M. referenced above.
The State Water Resource Control Board should consider the additional
comments from the Madera County Environmental Health Department as park of this
resolution.
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The foregoing resolution was adopted this day of
2009, by the following vote:
Supervisor Bigelow voted:
Supervisor Moss voted
Supervisor Dominic! voted
Supervisor Rodriguez voted A
Supervisor Wheeler voted
Chairman, Board of Supe . ' rs
ATTEST:
p�. A
rClerk, Boauperviso
un.
Approved as to Legal Form:
COUNTY COUNSEL.
SACounty CounseMoard of Su pervisorslResolutionslOppose wastewater regs.doe
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