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Home My WebLink AboutOrdinance 019 - So Co Groundwater Pollution,'TEa L, �gU a Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orm AGENDA REQUEST & STAFF REPORT For Board Business Meeting of July 11, 2008 Please see directions for completing this document on the next page. DATE: May 29, 2008. FROM: Barbara Rich CDD x4713 TITLE OF AGENDA ITEM: Consideration of Board Signature of Ordinance 2008-019 to Establish County Procedures Under Oregon Rule to Minimize Groundwater Pollution in South Deschutes County, and Declaring an Emergency. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The Board directed staff to draft an ordinance that would establish county policy requiring the use of nitrogen reducing systems on all new permits issued in south Deschutes County, which is an expansion of the current policy that requires the use of nitrogen reducing systems only on those properties that obtain site evaluation approvals on or after July 1, 2006. FISCAL IMPLICATIONS: None. Permit fees for nitrogen reducing onsite systems are similar to permit fees for conventional onsite systems RECOMMENDATION & ACTION REOUESTED: Signature of Ordinance 2008-019. ATTENDANCE: Barbara Rich, CDD DISTRIBUTION OF DOCUMENTS: Barbara Rich, CDD REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance to Establish County Procedures Under Oregon Rule to Minimize * ORDINANCE NO. 2008-019 Groundwater Pollution in South Deschutes County, and Declaring an Emergency. WHEREAS, extensive monitoring and study by the United States Geological Surve) ("USGS") and the Oregon Department of Environmental Quality has shown that the groundwater underlying the south Deschutes County region is threatened by discharges from conventional onsite wastewater treatment systems serving development in the region, and WHEREAS, south Deschutes County is identified as those unincorporated portions of Deschutes County contained in Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas authorized by the State for sewer; and WHEREAS, recent studies have shown that the predominant source of nitrate contamination of the groundwater in south Deschutes County is from onsite wastewater treatment systems; and WHEREAS, OAR 340-071-0130(1) states that county permitting authorities acting on behalf of the State, such as Deschutes County, may not authorize installation of a wastewater treatment system that is likely to pollute public waters, but rather, must require the installation of a wastewater treatment system that protects public waters or public health; and WHEREAS, the Oregon Department of Environmental Quality, in a letter dated January 4, 2008, determined that a public health hazard exists in the south Deschutes County area; and WHEREAS, Deschutes County Code 11.12.010 defines "Nitrogen Reducing System" as wastewater treatment system that reduces nitrogen loading to the groundwater in accordance with the Nitrate Loading Management Model and that is approved by Deschutes County" and defines "Nitrate Loading Management Model" as "the groundwater model developed by the USGS to determine the nitrate loading capacity of the drinking water aquifer underlying south Deschutes County;" and WHEREAS, nitrogen reducing onsite wastewater treatment systems are available anc effective to reduce pollutants contributing to the public health hazard and protect public waters and WHEREAS, requiring nitrogen reducing systems for any new County permit fon construction, installation, major alteration or major repair helps reduce pollution contributing tc the public health hazard; and PAGE 1 OF 3 - ORDINANCE NO. 2008-019 (06/11/08) WHEREAS, on and after July 1, 2006 Deschutes County required property owners in south Deschutes County who requested site evaluation report approvals for construction, installation, major alteration or major repairs to wastewater treatment systems to install nitrogen reducing wastewater treatment systems; and WHEREAS, prior to July 1, 2006 owners of approximately 700 properties in south Deschutes County had received county site evaluation report approvals for onsite wastewater treatment systems, for which the property owners have not received a permit to install the wastewater treatment system, and for those site evaluation report approvals, the onsite wastewater treatment system that would have been approved at the time of the site evaluation report is for a system that will not protect the groundwater in South Deschutes County from nitrogen discharges; and WHEREAS, repairs, replacements or remodels of existing development comprise approximately ninety percent (90%) of the permits currently being issued; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY. OREGON, ORDAINS as follows: Section 1. Except as provided in Section 4 of this Ordinance, every owner of property with or without an existing onsite wastewater treatment system site evaluation report approval must install a nitrogen -reducing onsite wastewater treatment system in order to receive a County permit for construction, major alteration or major repair, as defined in Section 3 of this Ordinance. Section 2. The requirements shall apply to onsite wastewater treatment system permit: applications submitted on and after the effective date of this Ordinance. Section 3. The following definitions from OAR 340-071-0100 are applicable to this Ordinance: a. "Alteration" means expansion or change in location of an existing system or any part thereof. 1) Major alteration is the expansion or change in location of the soil absorption facility or any part thereof. 2) Minor alteration is the replacement or relocation of a septic tank or other components of the system other than the soil absorption facility. b. "Construction" includes the installation of a new system or part thereof or the alteration, repair, or extension of an existing system. The grading, excavating, and earth -moving work connected with installation, alteration, or repair of a system or part thereof is considered system construction. C. 'Repair" means installation of all portions of a system necessary to eliminate a public health hazard or pollution of public waters created by a failing system. Major repair is the replacement of a sand filter, RGF, ATT, or soil absorption system. d. "Onsite Wastewater Treatment System" means any existing or proposed subsurface onsite wastewater treatment and dispersal system including but not limited to a standard subsurface, alternative, experimental, or nonwater-carried sewage system. e. "Site Evaluation Report" means a report on the evaluation of a site to determine its suitability for an onsite system prepared in accordance with OAR 340-071- 0150. PAGE 2 OF 3 - ORDINANCE ]140.2008-019 (06/11/08) f. "System" or "onsite system" means "onsite wastewater treatment system." Section 4. The requirements of this Ordinance shall apply only to those unincorporated properties within Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas authorized by the State for a sewer system. Section 5. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of any remaining portion or portions of this Ordinance, unless: 1. The remaining part or parts are so essentially and inseparably connected with and dependent upon the unconstitutional or invalid part that it is apparent that the remaining part or parts would not have been enacted without the unconstitutional of invalid part; or 2. The remaining part or parts, standing alone, are incomplete and incapable of being carried out in accordance with the Board of County Commissioners' intent. Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of 12008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair ATTEST: Recording Secretary MICHAEL M. DALY, Commissioner Date of 1St Reading: day of 12008. Date of 2"d Reading: day of 52008. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tammy Melton Michael M. Daly Effective date: day of 12008. ATTEST: Recording Secretary PAGE 3 OF 3 - ORDINANCE NO. 2008-019 (06/11/08)