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HomeMy WebLinkAboutBC Wastewater Program for CSAsJOHN JEFFERY CARTER LAW O F F[ C E March 27, 2013 10 ~~~~ C)ROV~; CAi.IPC~NA VIA FIRST CLASS MAIL AND E-MAIL Bill Connelly, Chair - BConnelly@buttecounty.net Board of Supervisors 25 County Center Drive Oroville, CA 95965 Maureen Kirk, Vice Chair - MKirk@buttecounty.net Board of Supervisors 25 County Center Drive Oroville, CA 95965 Larry Wahl, Member - LWahl@buttecounty.net Board of Supervisors 25 County Center Drive Oroville, CA 95965 Doug Teeter, Member - Dteeter@buttecounty.net Board of Supervisors 25 County Center Drive Oroville, CA 95965 Steve Lambert, Member - district4@buttecounty.net Board of Supervisors 25 County Center Drive Oroville, CA 95965 Re: Proposed Butte County Wastewater Program and Policy fQr Establishing County Service Areas Gentlepersons: On behalf of Thermalito Water and Sewer District, I offer the following comments concerning the proposed Butte County Wastewater Program and Policy for Establishing a County Service Area for Community Wastewater Systems: The Butte Local Agency Formation Commission considered the proposed Program and Policy at its March 7, 2013 meeting. In his memorandum to the Commission discussing the proposed Program and Policy, LAFCo Executive Officer Steve Lucas noted that LAFCo, and not the County, ultimately would evaluate and determine if the use of a County Service Area to manage an alternative wastewater treatment system was appropriate and, in areas of existing sewer service providers, preferable to utilizing the facilities of the existing sewage collection agency. Because of this, he stated that it was all that more important "for proponents of projects intended to use such alternative wastewater systems to fully disclose such intentions early in the development application review process so that all affected agencies can provide early consultation. He went on to say that [w]ithout such early consultation, a project may gain initial County approval only to face a possible setback should LAFCo or an affected sewer service provider -not accept the appropriateness of a proposed alternative wastewater system. Such a problem could be avoided if any County policy related to this matter include an early consultation component such as the Master Collective Environmental Review Agreement adopted in ~el~e ////''~~~~ /]~ (~ fff~~~329 FLUME STREET. RD. Box 3GOG, CHICO, CAL]FORh11A 95927-3GOG • 530 342 G39G • FAX: 530 342 G195 / ~ () '"~~ V "" r l/ j~ ` ~/! 5f Cam,,, ~7_ OFFICE~JjCARTERLA4V.COM • W4NW.JJCARTER.COM Re: Proposed Beginning Wastewater Program March 27, 2013 Page 2 of 3 2005 between the County, LAFCo and the three primary water and sewer districts (LOAPUD, TWSD, SFWPA) in the Orovillc region. While such early consultation would not necessarily bind the County, it would ensure active communication and may limit disputes later in the process. Thermalito Water and Sewer District agrees with Mr. Lucas in his call for early, and frequent, consultation between project proponents desiring on-site wastewater treatment and affected seweF agencies. Unfortunately, such consultation has not been the case in the development by the County of the proposed Program and Policy. On March 16, 2010 you established the Wastewater Advisory Committee to advise you on matters involving on-site wastewater treatment, including, among other things, "{p]olicies, practices and procedures to improve protection of public health and delivery of customer service pertaining to the implementation of this Chapter and the On-Site Wastewater Manual." No representatives of existing sewage collection or treatment agencies were appointed to this Committee. Perhaps these agencies themselves are to blame for not asking for a place at the table of the Committee. This Committee no doubt has worked long and hard in developing the proposed Program and Policy. However, as Lucas noted, without early consultation with affected sewer collection and treatment agencies, the Program and Policy present the potential of conflict between the project proponent, the affected agency, the County, and LAFCo. Such conflict will only result in delay and cost to project applicants. For this reason, Thermalito Water and Sewer District respectfully requests that representatives of affected sewer collection and treatment agencies be involved in the process and their input be obtained prior to your acting the proposed Program and Policy. At a minimum, such involvement may lead to the early consultation component recommended by Lucas. The proposed Program and Policy are premised upon Butte County General Plan Goal PUB-12, which directs the County to "[m]anage wastewater treatment facilities at every scale to protect the public health and safety of Butte County residents and the natural environment." Policy 12.1 implements this Goal by providing that "[a]pplicants shall be allowed to make case-by-case assessments of septic and other wastewater treatment systems to determine appropriate system designs and densities and shall be allowed to utilize new technologies that are supported by State and County practices." Policy 12.3, provides that "[n]ew community sewerage systems shall be managed by a public County sanitation district or other Count~pproved methods. (emphasis added.) Proponents shall demonstrate the fmancial viability of constructing, operating and maintaining the proposed community sewerage system." General Plan Goal PUB-13 requires the County to "[p]lan adequate wastewater treatment infrastructure to serve new development." To implement this, Policy 13.1 requires the "County [to] encourage all plant operators to begin planning and implementing expansions to the existing Regional Wastewater Treatment Master Plan to meet future demand for wastewater treatment generated by this General Plan at least four years prior to reaching the capacity of existing facilities." Certainly under these goals and policies of the County's General Plan, affected sewer collection and treatment agencies should be at any table at which wastewater collection, treatment and disposal are being discussed. Accordingly, Thermalito Water and Sewer District respectfully requests that you do not act on the proposed Program and Policy until such time that a representative or representativcs of affected sewer collection and/or treatment agencies can meet with your Wastewater Advisory Committee and County staff to discuss the Program and Policy with them and offer their input. Jayme Boucher, General Re: Proposed Beginning Wastewater Program March 27, 2013 Page 3 of 3 Manager of Thermalito Water and Sewer District, would gladly accept an invitation to meet witkt the Wastewater Advisory Committee as soon as possible to review the proposed Program and Policy. Your courtesies are appreciated. Sincere ~~~ J JEFFERY CARTER JJC:nh cc: Board of Directors Thermalito Water and Sewer District Jayme Boucher, General Manager Thermalito Water and Sewer District Dwayne Long, General Manager Lalce Oroville Area Public Utilities District Jeffrey A. Meith Minasian, Meith, Soares, Sexton & Cooper, LLP Brad Banner, Director Butte County Environmental Health Steve Lucas, Executive Director Butte LAFCo Tim Snellings, Director Department of Development Services County of Butte