Water Quality in Lake County

Recommendations 4

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  Special Districts, as a self-funded department, be able to increase employee pay scale of its personnel to maintain and attract highly-trained staff.
• R2

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  Because disproportionate time and money goes into emergency response, the Grand Jury recommends that more staff time be directed to update research on epidemiology and water quality issues.
• R3

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  The BOS and the Community Development Department rigorously abide by the General Plan goals by not allowing future development to over-extend our water supply. This is especially important in light of on-going drought End Note #5) Part Two: Waste Water Summary: Waste water treatment in Lake County falls into two categories: sewer and septic systems. Sewer systems are designed to, and function to handle larger volumes of waste water (effluent) from higher density areas of habitation. Sewer systems collect and treat wastewater and pump (move) treated effluent to a specific location and return treated water back to the environment. Lake County is unique in that it has an effluent pipeline to the Cal Pine Geysers which is the largest geothermal power plant in the world. The Pipeline moves 85% of the treated effluent collected from ten communities through five sewer systems for recycling. (See Appendix C) A septic system is a small private system where treatment of effluent and distribution of waste water back to the environment is done on location. The private septic system relies on the ability of the soil environment to accommodate the waste water on a sustained basis. As with drinking water standards, there are waste water standards that must be in compliance with the federal, state and local laws. The same local and state agencies that oversee drinking water are responsible for waste water compliance. There is public concern regarding health risks that are highlighted by the occasional reports of storm drain overflows and sewer spills into the lake. Assuming a growing population with more suburban and urban development, the question is raised whether Lake County is upgrading and modernizing its waste water system to be environmentally sound for present and future needs. Methodology: The Committee conducted interviews with representatives of the local and state agencies who have waste water responsibilities. The Committee discussed their mandated legal obligations, priorities, qualifications, and expertise of personnel, funding and response to waste water emergencies. Discussion and Analysis: Special Districts play a major role in waste water management and recycling by way of the various public sewer systems they operate in Lake County. Each system has its own history and challenges. Each sewer system is unique. Most of these aging systems were built 25-40 2013-2014 Lake County Civil Grand Jury Final Report 40 years ago, therefore, are in need of upgrading. In the Special Districts Rules and Regulations for Water and Waste Water Systems, it was decided that often developments greater than three single family dwellings are required to connect to a sewer system, thereby increasing demand on capacity and driving improvement to sewer systems all over the county. California Regional Water Control Board requirements are pushing further improvements to county sewer systems through cease and desist orders and moratoriums. Winter spills, resulting from increased waste water overflows and high water table intrusions require immediate improvements to the affected systems. Special Districts must comply, over a set period of time, to accomplish these upgrades to the infrastructure and capacity of each system. (End Note #6) In addition to managing the individual sewer systems, Special Districts is continuing to expand and improve the movement of treated sewage with connections to the geothermal recycling pipeline. The Special Districts Sewer Districts are self-funded. Funding of these ongoing improvements is pro-rated by the number of customers in each community served. (End Note #7) Environmental Health Department (EH) is the local regulatory agency charged with enforcing laws concerning private septic system construction. Any new septic system must follow a permit and inspection process. The new septic system is site specific based on soil and other environmental conditions and must have enough capacity to safely handle waste water from a given source of effluent (e.g., one residence of 3 bedrooms and 2 bathrooms). There are minimum setback distance requirements from flowing water (streams) for new septic systems. There are also restrictions where there is risk of drainage into reservoirs and lakes. (End Note #8). The legal standards for septic systems have been revised and strengthened over time. Before 1960 there were no required permits or records. From 1960 to 1985, there are records, but they are less reliable and incomplete. From 1985 to the present, complete and accurate records have been required for all new construction and repairs to old systems. Stricter on-site wastewater requirements by the State will go into effect in Lake County over the next two to three years. Local agencies are informed about a septic system permit requirement as it relates to new construction and development. Planning Department a division of the Community Development Department, Building Department, and well water drilling development permits accompany the permit for a septic system. When a new septic system has been approved and completed, the information is recorded by the county. When a standard septic system is not possible at a given site, alternatively designed systems are available through newer technologies that may provide an environmentally safe option. These new technologies may be approved by the EH and likewise, become part of the permanent records for the property. Once approved and constructed, it is recommended that septic systems be serviced on a regular basis (every few years depending on the individual septic system). There is no legal requirement for subsequent inspection of existing and older septic systems by EH. The permitting and inspection of septic systems relies entirely on the property owner or contractor to voluntarily apply for the appropriate permits. The Committee attempted to gather a consensus of opinion regarding the contribution of old and faulty septic systems to the pollution of groundwater, and the polluting effect of runoff seepage into Clear Lake. There are area specific pollution studies, some of which resulted in the construction of community sewer systems. However, with the information and knowledge available, only broad assumptions can be made. These assumptions are based on factors such as 2013-2014 Lake County Civil Grand Jury Final Report 41 the density of the community, age of the developments, repair history, land use and geographic features (e.g., streams, gullies, high water table). Other than voluntary cooperation with the permit and inspection process, there is no enforcement of private septic system construction and maintenance. Deficiencies are brought to the attention of EH by complaints from people outside the department. EH inspected 55 complaints relating to waste water in 2013. The complaints originated from neighbors, realtors, tenants, and other agencies including building inspectors, law enforcement officers, road crews and utility workers. There is no regular patrol or surveillance survey for illegal septic systems in this county. EH does not believe it will be affordable to seek out illegal operations. Findings: F1 The public sewer systems that are being operated by the Special Districts Administration do so in cooperation with and monitoring by the California Regional Water Control Board and in compliance with state law. F2 Unique to Lake County, is a pipeline to Cal Pine Geysers which moves 85% of the treated effluent collected from the five public sewer systems to geothermal injection sites. F3 Public safety of sewage treatment is a daily responsibility of facility operators and subject to inspection by state regulators. F4 Environmental concerns from sewage overflows, spills, or contamination are part of a coordinated Lake County Emergency Response Plan. F5 Long-term environmental concerns resulting from aging, outdated or inadequate capacity of sewer systems is being addressed through the Lake County General Planning policy on future development and by the enforcement of requirements imposed by the state. F6 Private septic systems are permitted and inspected by EH. F7 For a new septic system to be approved, it must be designed and constructed to recycle the household wastewater into the environment safely, be sustainable and be confined to a designated area. F8 Prior to 1960, there were no septic system requirements or records. Overtime, legal standards for septic systems have been revised and strengthened. Since 1985, complete and accurate records are required for all new construction and repairs to old systems. (End Note #9) F9 The number and location of old septic systems built before 1960 in the county are unknown. F10 The environmental safety of existing older septic systems is largely unknown. It is the recommendation of EH that the owner of a private septic system have it serviced every few years. Property owners, or contractors, are required to obtain permits and have inspections done of any new system or repairs to an existing system. EH has a policy of voluntary applications for permits. F11 Investigation into illegally built or faulty septic systems is complaint driven. There is no surveillance or regular patrol for the presence of illegal septic systems. The committee finds that Environmental Health is doing a very good job of inspecting new septic systems under construction by builders and owners who have complied with the law by obtaining the proper permits. The committee does see a problem with a public policy of complaint driven enforcement of septic system requirements. A 2013-2014 Lake County Civil Grand Jury Final Report 42 complaint only policy is flawed as it can be used by one party against another e.g. neighbor against neighbor, renter against landlord, to settle a grudge, thereby wasting the inspector’s time on false claims and unrelated disputes. It also relies on a non- professional to determine flaws in design or function of a septic system. More importantly, it encourages those who choose to avoid the planning and permit process by signaling that there is little or no risk of being caught because there are no inspectors in the field doing general surveillance. F12 There is no consensus of opinion between EH, Public Health and Water Resources regarding the contribution of old and faulty septic systems to the pollution of ground water, runoff, or seepage into Clear Lake. F13 Places of interest can be more efficiently located, then followed up by the traditional surveillance by driving the county roads. When the public knows there is an enforcement policy, individuals are more likely to comply, come forward and pay the fees thus increasing revenues to the department. Those previously unpermitted projects will be subject to double the fees and penalties. Recommendations:
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  EH renew the existing outlets (i.e. newspaper announcements, flyers with tax bills, etc.) for informing the owners of private septic system of the importance of maintaining these systems. =========================================== Part Three: Water Quality Summary: Historical changes and challenges made by man’s activities to the Clear Lake ecosystem have been studied by previous Lake County Grand Juries.(End Note #10) This report will be considering the water quality of the lake as it affects drinking water. The water quality of Clear Lake varies widely at different times of the year due to seasonally heavy rainfall on mountainous terrain bringing huge amounts of nitrogen and phosphorus laden sediments from hillside erosion, (i.e., the watersheds) and runoff which flow into Clear Lake. The Committee studied these natural cycles and man’s influence on them. There are major effects on the turbidity, nitrogen, phosphorus and plant and animal abundance within the Lake year around. The Committee reviewed the water/septic system offsite pollution concerns and other sources of runoff into Clear Lake. The Committee relied on information from local water agencies, private consultants, satellite imaging, scientific literature and previous Grand Jury reports. The Committee believes there are overlapping concerns and confusion among the general public and professionals about the relative importance of different chemical pollutants entering, and cycling within, the Clear Lake ecosystem. It was this Committee’s intention to sort out some of these questions. 2013-2014 Lake County Civil Grand Jury Final Report 43 Methodology: The Committee conducted a series of interviews with representatives of county and state agencies and private consultants who have a role in maintaining or improving the water quality of the lake. The Committee discussed with the entities their specific job responsibilities that affect the water quality of Clear Lake and the tools used to assess and evaluate sources of runoff. Discussion and Analysis: Public Works Department and Water Resources have comprehensive involvement with issues of water quality and must be cognizant of public health concerns and environmental changes. The department is responsible for designing, engineering and constructing containment ponds, culverts, bridges, and road grading. These are designed to minimize soil erosion and keep polluting runoff from reaching Clear Lake. (End Note #11) Special Districts plays a major role in providing safe drinking water to the public. Drinking water taken from the Lake is monitored primarily by turbidity, smell, bacterial populations, and the level of plant nutrient pollutants, (i.e., nitrogen, phosphorus). Sampling is also done for mercury and other metals. When lake water quality deteriorates seasonally, Special Districts discontinues drawing from the lake. Potable water is supplied by truck to customers in affected areas until lake water quality improves. Public sewer systems, including the pipeline transport of treated effluent to the geothermal injection sites, have greatly reduced pollution into the lake. (End Note #12) Environmental Health along with Water Resources, Public Health, and Special Districts prepare and coordinate a response to environmental spills and flood overflows into Clear Lake. Detailed records are kept of every reported spill. In studying these records, the Committee was advised that though large in number, the size of spills (e.g. gallons) has been decreasing in recent years due to the rapid and coordinated response from these departments. The contribution of old or faulty private septic system pollution into Clear Lake is not documented. Many private residences around the lake, once on septic systems, now tie into public sewer systems, lessening this concern. Private consultant presentation and literature review has provided information to the Committee about satellite imaging technology currently available to county agencies. Satellite imagining has advanced to the degree that specific pollutants such as phosphorus, blue-green algae blooms, and chlorophyll-a, can now be mapped and studied. Phosphorus in the watershed uplands and in the sediment plumes entering Clear Lake can now be quantitatively measured. Cyanobacteria (blue-green algae), green algae blooms, and die-off cycles can now be studied. It is now understood that the amount of available phosphorus in lake water directly determines the growth of cyanobacteria. Funding for this recent satellite image interpretation was authorized by the BOS in a contract with Blue Water Satellite (End Note #13). Sequential images following a major rain event, tracks phosphorus coming into Clear Lake via the Middle Creek drainage system. These images show how phosphorus has moved throughout the entirety of the lake by wind and currents. The image sequence, filtered to show cyanobacteria levels, allows for a science-based understanding of the inter-relationship of nutrient cycles on the plant populations within the Clear Lake ecosystem. The practical application of this information for county agencies such as Special Districts is in predicting where cyanobacteria blooms are likely to occur and to adjust drinking water 2013-2014 Lake County Civil Grand Jury Final Report 44 treatment accordingly. The satellite images validate the importance of the Middle Creek Restoration Project. The settling and filtering effect of vegetation on flood water runoff moving over the Middle Creek flood plain is now understood to have limited the phosphorous load entering Clear Lake. This natural filtering process in the Middle Creek flood plain ended about 1920 with the construction of levees to drain this wetland to add farmland acreage to supply food during WWI. Findings: F1 Public Works and Water Resources do their part in reducing polluting runoff into Clear Lake by requiring containment ponds on new construction and correctly engineered road grading. F2 Special Districts manages the pipeline which moves the treated waste water away from the communities close to the lake for disposal at the Cal Pine facility. EH cooperates with other agencies to respond to sewage spills, thereby minimizing the impact of a spill on the environment and health risk to the community. This department is responsible for regulating private septic systems including specifications on set-back distances from lake shore or stream banks. EH inspects the construction of new private septic systems with proper permits to prevent contamination of the lake from surrounding residences. F3 Satellite imaging provided by Blue Water Satellite is a significant tool in evaluating polluting runoff into Clear Lake because it detects streams that are significant sources of phosphorous which contribute to cyanobacteria blooms. By analyzing the overlay of satellite images, pollution can now be tracked back to its source. Relevant agencies can use this information to locate and correct the problem. The Blue Water Satellite Imaging contracted in 2013 has contributed greatly to our understanding of Clear Lake’s water quality, particularly the role of the phosphorus cycle. (See Appendix D) F4 In the Committee’s interview with the Water Resources department management, it was discovered that the department needs to have a professional to analyze the wide range of pertinent water quality data being provided to the department. F5 There is a wealth of existing and new data measuring the water quality of Clear Lake, most of which has not been evaluated for the relevance to water quality. Satellite Imaging adds much more to that data store, all of which needs focused study to render it into information an agency can use. This Committee recognizes the need for a designated position (e.g., a qualified environmental scientist) either in Public Works/Water Resources or Public Health, to compile, analyze and interpret the data for use by county agencies and to develop a clearer, up to date understanding of water quality issues. Recommendations: