BOH minutes 022509 - Laserfiche WebLink

Browse Search

MINUTES ORANGE COUNTY BOARD OF HEALTH February 25, 2009 Board of Health Minutes Transcription completed by Anne Miles Cassell 3 February 25, 2009 V. Reports and Discussion with Possible Action A. Rule Amendment for On-Site Wastewater Rules Orange County Board of Health adopted the current Wastewater System Rules in November of 2007. Since implementation, Tom Konsler reported that the following rule is being considered for amendment: The rule that is proposed for amendment is Section 1946 OTHER APPLICABLE FACTORS. When a site evaluation is conducted for a proposed septic system site, factors such as the slope, topography, soil depth, soil wetness, and type of soil are evaluated for suitability for a septic system. In addition, the amount of available space in which to install a system is a factor affecting the decision to issue an improvement permit. These items are detailed in rules .1940 -.1945. Rule .1946 addresses other applicable factors that must be considered when determining the overall site suitability. Item 5 of this rule is proposed for deletion. In its current form, it requires that each lot proposed in a subdivision have enough available space to support a septic system to serve a three-bedroom conventional or gravel alternative system. This requirement was originally incorporated in Orange County regulations: • to prevent developers from proposing unrealistic restrictions on future homeowners who may later be prevented from upgrading to a three bedroom home. • to allow a threshold amount of suitable soil for use on each proposed subdivision lot, and • to prevent homeowners from being faced with exorbitant costs of innovative systems at the time the original system needs to be repaired. While these were worthwhile reasons and offered a level consumer protection, there are several reasons that the requirement should be dropped: • Unintended consequences for large lots (>10 acres) that were not subject to subdivision regulations • The requirement may prove to be an obstacle for small starter homes or affordable housing. • With advances in technology and a much wider range of accepted alternative septic systems, the requirement is no longer vital. In fact, use of the alternative technologies has outpaced the use of conventional gravel system. • Restrictions regarding minimum size or type of systems in newly created subdivisions belong in the subdivision ordinance instead of the wastewater regulations. • The public health necessity of this rule is somewhat questionable as well. The rule amendment has been advertised for public comment as required. Upon adoption of these rules, they will become effective February 26, 2009. Steve Yuhasz asked what had precipitated the decision to eliminate this rule. Tom Konsler