PROPOSED SEPTIC REGS WILL BE COSTLY TO PROPERTY OWNERS
LOCAL GOVERNMENT, REAL ESTATE LEGISLATION, SHASTA COUNTY, TIPS FOR SELLERS
December 16th, 2008
Property owners that utilize septic systems listen up. If the statewide septic regulations are adopted as proposed, start saving your money to comply with the new regulatory requirements. The California Association of Realtors legislative advocates have provided input as “stakeholders”
since 2002, when the State Water Resources Control Board (SWRCB) began the process of formulating the regulations . AB 885, passed into law in 2000, requires California develop and adopt regulations that would apply statewide instead of varying standards being implemented by each county’s health departments today. California is one of only two states in the nation lacking statewide regulations regarding Onsite Wastewater Treatment Systems (OWTS).
The citizenry should be aware of some of the mandates in these regulations:
- Most property owners will be required to pay for testing of their private groundwater wells, and periodic septic inspections (and pumping if needed), regardless if a problem exists or not.
- Because the regulations stipulate a minimum soil depth to groundwater and do not allow sidewall infiltration to count as surface area for water dispersion, many existing lots and parcels will be deemed unbuildable under the new regulations. Existing systems that fail will not be replaceable, leading to possible condemnation of the property.
- There is a lack of solid scientific data proving OWTS are causing water quality problems. It is likely and possible that agriculture is the major culprit. Studies should be funded, data gathered and more focused and efficient regulations developed.
- If the proposed regulations are adopted “as is”, there likely will be thousands-if not hundreds of thousands-of properties that will ultimately be deemed uninhabitable or unbuildable, even in areas that don’t have problems with septic systems.
- The lack of a variance process, where local health officials can make site-specific exceptions to the regulations, will result in many property owners losing their rights to use their land.
- The requirement that property sellers provide buyers with an operations and maintenance (O&M) manual for the OWTS should only apply to new or replaced systems. Most owners were not provided O&M manuals, may have misplaced them if they were provided, or may no longer be available if they wanted to replace them. This could be a legal nightmare for owners trying to sell their properties.
- Groundwater monitoring wells, required for new systems, are hugely expensive and alone could render a lot unbuildable. No exemptions are allowed even if the well is more than 100′ from a leach field dispersal area. Furthermore, if an impermeable layer or protective geologic or hydrological condition exists separating the well and septic systems, there is no provision for exemption.
- The list of constituents that must be tested for in the well water is overkill. Fecal coliforms, Escherichia coli and enterococci should be the only pathogens tested for. The other required items have not be shown to have a direct nexus to a failing OWTS.
- Where 303(d) listed water bodies have been identified as needing specific protection from OWTS, agriculture or wildlife has been identified as contributing factors. The arbitrary prohibition of OWTS within 600 feet of impaired water bodies effectively ensures many lots will be unbuildable or existing dwellings condemned because their OWTS lie within the protected zone. A few of the local 303 (d) water bodies include the Sacramento, Pit and Fall Rivers, Little Cow Creek, Oak Run Creek, Bear Creek, Whiskeytown, Shasta and Keswick Lakes.
Real estate agents will find themselves mired in regulations requiring delivery of owner’s manuals, disclosures of inspection histories or lack thereof and explaining new maintenance requirements to prospective buyers. Undeveloped lots approved years ago may not be able to be developed under the new requirements causing an immediate loss in value. The cumulative environmental impact of septic pumping vehicles, inspectors, well sampling, installers and maintenance vehicles will easily add millions of vehicle miles to properly regulate OWTS statewide.
The Draft EIR concludes regulations impact on real estate development or on low-income property owners to comply with expensive system repairs, maintenance or addition of supplemental treatment systems is insignificant. Hardly!
There are many other concerns regarding this legislation. The meeting will be this Thursday at 7PM at the Shasta County Supervisors Chambers. Speak now, or forever hold your peace!
530-224-6767 or 530-941-7492
BRAD GARBUTT
REALTOR/BROKER ASSOCIATE
REAL ESTATE PROFESSIONALS GMAC
QUARTER CENTURY LOCAL REAL ESTATE EXPERIENCE
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