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MINUTES-Draft <br />ORANGE COUNTY BOARD OF HEALTH <br />August 23, 2017 <br />S:\Managers Working Files\BOH\Agenda & Abstracts\2017 Agenda & Abstracts/ August Page 4 <br />E. Senate Bill 16 <br /> <br />Alan Clapp, Environmental Health Director, discussed Senate Bill 16 Section 19 Wastewater <br />System Permit Extension and its impact to Environmental Health. The legislature recently <br />ratified Senate Bill 16. This Act is a regulatory reform bill that among other things extends the <br />expiration of wastewater permits. This Act differs from previous extension legislation in that the <br />extension affects long expired wastewater permits. The three previous extension acts only <br />extended the life of currently valid permits. The amended new subsection in the act reads “any <br />improvement permit or authorization for wastewater system construction issued by a local <br />health department from January 1, 2000 to January 1, 2005, which has not been acted on and <br />would have otherwise expired, shall remain valid until January 1, 2020, without penalty, unless <br />there are changes in the hydraulic flows or wastewater characteristics from the original local <br />health department evaluation....” <br /> <br />Opponents’ Talking Points <br /> <br /> Contradicts SL 2014-120 which says that the Health Department can advise owner of <br />new systems and technologies available. <br /> Rule changes and new septic system technologies that have been developed since the <br />original permit were issued cannot be used since the original permit must be honored. <br /> No provisions for changes in site plan or altered site conditions from manmade or natural <br />causes. <br /> Altered site conditions would not result in letter of revocation and appeal rights. <br /> Greater chance that conditions on the site have changed resulting in increased potential <br />for tort claims. <br /> Permits issued in error would now be valid again. <br /> The public would benefit from a new evaluation that may allow a gravity system where <br />the old permit required a pump system. <br /> Sites may have been permitted multiple times since 2000 due to normal course of <br />expiration. <br /> Well permits issued on valid permit site plans may now be invalid by resurrecting expired <br />wastewater permits. <br /> <br />Proponents’ Talking Points <br /> <br /> Altered site conditions would not result in letter of revocation and appeal rights. <br /> Greater chance that conditions on the site have changed resulting in increased potential <br />for tort claims. <br /> Permits issued in error would now be valid again. <br /> The public would benefit from a new evaluation that may allow a gravity system where <br />the old permit required a pump system. <br /> Sites may have been permitted multiple times since 2000 due to normal course of <br />expiration. <br /> Well permits issued on valid permit site plans may now be invalid by resurrecting expired <br />wastewater permits. <br /> <br />Mr. Clapp also mentioned some local effects of the bill which include: <br /> <br /> Altered site conditions would not result in letter of revocation and appeal rights. <br /> Greater chance that conditions on the site have changed resulting in increased potential <br />for tort claims.