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2 <br /> "such as a failing septic tank or failing package treatment plant" where"the , <br /> condition cannot be corrected without water or sewer service". The Water and <br /> Sewer policy made no provision for who or what agency would be responsible for <br /> determining if a system were failing or if the problem could be addressed without the <br /> provision of water and sewer service. <br /> Since the 1989 creation and adoption of Orange County's Water and Sewer Policy, <br /> there have been relatively few incidents or situations where County officials and <br /> policy makers from other local jurisdictions have had to consider an extension of <br /> water or sewer utilities under the criteria of a"public health emergency". The failure <br /> of the wastewater treatment system serving the Piney Mountain subdivision was the <br /> only situation where the exact circumstances envisioned in the Water and Sewer <br /> Policy have occurred and have been addressed accordingly. However, the"public <br /> health emergency" provisions are now being reassessed as to their relevancy and <br /> adequacy as a result of two current circumstances: a)the efforts of the Water and <br /> Sewer Boundary Task force to coordinate land use planning and utility extension <br /> policies; and b)the failure of the on-site wastewater treatment systems serving the <br /> Brookfield neighborhood in an area(University Lake watershed)where current <br /> zoning regulations do not allow the extension of water or sewer utilities under any <br /> circumstances. The Water and Sewer Boundary Task Force has focused on <br /> developing a tightly defined concept of"public health emergency". At least some <br /> task force members are concerned about the existing definition because the Water <br /> and Sewer Policy uses the public health emergency concept as a criteria for allowing <br /> the extension of water and sewer utilities into areas- such as the Rural Buffer and <br /> protected water supply watersheds-where such extensions are normally not <br /> permitted or are otherwise considered to be undesirable. Insofar as the Brookfield <br /> situation is concerned, the County Water and Sewer Policy is not in agreement with <br /> the County Zoning Ordinance with regard to the permissibility of extending water <br /> and sewer utilities into the University Lake watershed. In addition, there is a <br /> concern about the lack of specificity in the Water and Sewer Policy as to the party or <br /> agency responsible for determining if a public health situation actually exists and if <br /> and how a situation should be remedied. <br /> Orange County staff from the County Manager's, Health(Environmental Health) <br /> and Planning Departments and the County Attorney have met to discuss options to <br /> address the various concerns relative to the"public health emergency" concept. The <br /> Director of the Environmental Health Section has suggested the use of the term <br /> "adverse public health condition" in lieu of"public health emergency". The"adverse <br /> public health condition" term would be used to define a situation"where wastewater <br /> (or water) systems are failing and no on-site repair is approvable and recommended <br /> by the Orange County Health Department". An"adverse public health situation" <br /> would be certified or declared by the Health Department after an investigation of the <br /> situation by the Environmental Health Section. The certification could apply to <br /> circumstances that are less severe than either an imminent hazard or an emergency <br /> and that could occur at any location in the County, irrespective of the zoning, <br /> watershed protection requirements or proximity to water or sewer utilities. The <br /> proximity to utilities or zoning and watershed protection requirements as well as <br />