Assembly Bill 885 - Septic System Regulations For california (2000)

Knowing the environmental impact septic systems can have on the environment when they are improperly placed or improperly functioning, and watching the 303(d) list of impaired waterbodies grow, Heal the Ocean has been working for years on AB 885 – septic system regulations for the 1.2 million septic systems operating in California.

In February 2011 Coast Law Group, Encinitas, filed a lawsuit on behalf of Heal the Ocean and Heal the Bay, Santa Monica, challenging the failure of the California State Water Resources Control Board (SWRCB) to adopt regulations or standards for the permitting and operating of septic systems as required by Assembly Bill 885 and the California Water Code. AB 885, authored by former Assembly Member Hannah-Beth Jackson in 1999, was signed into law in September 2000, and the SWRCB was required to adopt regulations or standards for the permitting or operation of septic systems by January 1, 2004. 

Although the SWRCB held numerous public meetings over the years and put forth revision after revision, no regulations materialized. The lawsuit was a “friendly nudge” to the State to get going for real on implementing this bill, and HTO/HTB held good rounds of dialogue to get the regulations in place. Hannah-Beth Jackson was hired by HTO to help move this issue forward. As a result of the lawsuit, the SWRCB immediately proposed a schedule for implementing AB 885 by July 2012. HTO and Heal the Bay stayed their legal action while the process moved forward, and kept watch to make sure that not only progress was made in a timely fashion but that the policy contained decent language.

HTO also spearheaded the addition of a financial aid section, which outlines a State Board Clean Water Revolving Fund mini-loan program to assist property owners in complying with the AB 885 policy.

Here is a snapshot view of what AB 885 means to septic system owners: 

There are four “Tiers,” or categories, of septic systems (also called Onsite Wastewater Treatment System, or OWTS). Each Tier is defined by location (i.e. within 600’ setback of impaired water body, depth to groundwater, distance from public water well or vernal pool, etc.), reliability in operation, and other criteria. Some OWTS usage is regulated by TMDL (Total Maximum Daily Load) development for an impaired water body, which identifies the OWTS as contributing to impairment and assigning a “maximum daily load” to its pollutant. Local Agency Management Plans (“LAMPS”) were then developed, with some guidelines outlined in AB 885 regulations for environmental health directors overseeing septic system use in their individual counties.