I INTRODUCTION

The "Chico Urban Area Nitrate Compliance Plan (Plan)" has been prepared in response to the contamination of groundwater in the Chico Urban Area by nitrate, a form of nitrogen. The discharge from individual septic systems has been cited by the Central Valley Regional Water Quality Control Board (Regional Board) as the primary source of groundwater nitrate contamination that exceeds drinking water standards set by the U.S. Environmental Protection Agency and the State Water Resources Control Board (State Board). Nitrate levels that exceed the standard have been established as a threat to the public health and is subject to regulation.

In 1990, when local corrective action was deemed by the Regional Board to be too slow and inadequate, more formalized enforcement actions were undertaken, resulting in a Prohibition Order that required the abandonment of area septic systems by July of 1995. The issue, which affects over 30,000 residents in the Chico Urban Area, had become increasingly controversial making a timely resolution difficult. The cost of sewering had emerged as a primary concern, especially for those on fixed incomes and limited ability to absorb the cost. Some doubted the adverse health effects of groundwater nitrate, the integrity of test results, or dismissed the issue as a ploy to force unincorporated residents to annex to the City of Chico. Since high nitrate levels were first discovered in 1979, few local issues have held the potential to affect such a large segment of Chico-area residents. The local nitrate problem has spawned numerous studies and regulatory actions, complicated and impacted home sales, worried those on private wells, and generated hours of debate.

Unfortunately, nitrate contamination in the groundwater and soils in the Chico area has resulted with an order from the Regional Board to address and rectify the problem. A tremendous amount of human and financial resources have been spent on this project, which will require further time and capital resources.

This Executive Summary addresses the findings and future work that will be required to correct groundwater nitrate contamination. More detailed information can be found in the Plan. Copies of this plan are available for public review in the Butte County (Chico) Library and also the Meriam Library, 3rd floor, Special Collections Section, on the campus of California State University - Chico. The Plan may also be accessed via the internet at www.buttecounty.net/cob. When adopted, this Plan will also supersede the Nitrate Action Plan which was originally adopted by the Butte County Board of Supervisors and City of Chico City Council in 1985.

Property owners are encouraged to read this Plan, to become involved, and to make suggestions.

Protection of the Groundwater Aquifer

An aquifer is an underground formation of rock or sediment which is saturated and sufficiently permeable to transmit economic quantities of water to a well or spring. In places, an aquifer is separated from other aquifers by widespread layers of less permeable sediment such as clay. The Plan refers to such reservoirs of groundwater as the shallow, intermediate, and deep aquifers. The following table describes the properties of the aquifers in the Chico area.

County Service Area 114

County Service Area (CSA) 114 was created by the Butte County Board of Supervisors in 1988 to provide for the financing of feasibility and planning studies, engineering studies, groundwater well monitoring, and environmental studies related to nitrate compliance in the Chico Urban Area. Current annual CSA 114 charges are $25.90 per assessed parcel. The activities and expenditures of CSA 114 reflect the central mission and scope of authority originally approved and later expanded by the Board of Supervisors and Local Agency Formation Commission in September 1991. All expenditures have been properly authorized by the Board of Supervisors or, with certain smaller expenses, by the Butte County Administrative Office. A map of CSA 114 is provided as Figure 1-1 in the Executive Summary and also in Appendix P of the Plan.

II PURPOSE OF THE EXECUTIVE SUMMARY

This Executive Summary is a companion document to the Chico Urban Area Nitrate Compliance Plan. This document summarizes the key points and findings from each chapter and presents a recommended course of action. The information provided in this Executive Summary has been directly excerpted from the Plan.

The Plan reports the actions taken and those recommended to resolve the groundwater nitrate issue in the Chico Urban Area. The preparation of the scientific studies and engineering analyses which have led to its preparation spanned approximately seven years and involved input and review from state regulatory officials, county staff, independent hydro geologists and soil chemists, members of the affected citizenry, and by a Citizen's Nitrate Advisory Committee representing the public at large who live within CSA 114.

The Plan was prepared in response to Order No. 90-126 (Prohibition Order) and Order No. 95-024 (Deferral of Enforcement) of the Central Valley Regional Water Quality Control Board.

III ADOPTION of the PLAN

The Plan is intended to function as a structured response to the Regional Water Quality Control Board (Regional Board), an arm of the State Board with jurisdiction over water quality issues in Butte County. Following a period of public review and comment, staff will compile a response to comments, and bring forward the implementation portion of the document to the Butte County Board of Supervisors and the Regional Board for their approval.

IV ORGANIZATION of the PLAN

In order to provide a brief overview, each chapter of the Plan is headed by a "key points" section. These chapters are entitled as follows:

To assist the reader, key maps and figures have been excerpted from the Plan and are included within this Executive Summary.

Figure 1-1

V REVIEW & SUMMARY OF PLAN

V.1 Chapter 1 - Introduction

The preparation of the Plan is in response to the contamination of ground water in the Chico Urban Area by nitrate, a form of nitrogen. The Chico Urban Area represents a total of nearly 85,000 residents, of which approximately 47,000 reside in the incorporated city limits of Chico and the remainder living in unincorporated areas either adjacent to, or surrounded by, the City of Chico. The discharge from individual septic systems has been cited by the Regional Board as the primary source of ground water nitrate concentrations that exceed the drinking water standards set by the United States Environmental Protection Agency and the State Board. Nitrate levels that exceed the standard have been established as a threat to public health and subject to regulation. High nitrate levels were first discovered in private wells in 1979.

For more historical background on nitrate compliance the reader is referred to Chapter 1, pages 1-1 through 1-7, of the Plan. Copies of Prohibition Order No. 90-126 (Order) and Resolution No. 95-024 (Deferral of Enforcement) are provided in Appendices C and D of the Plan.

V.2 Chapter 2 - Health Effects and Regulation of Nitrate

Chapter 2 provides background information on the adverse health effects of excessive nitrate in drinking water, the regulatory entities involved in the oversight of water quality, and the specific Chico-area enforcement actions taken by the State Board and the Regional Board.

Scientific studies provide a basis for the regulation of nitrate in drinking water. Methemoglobinemia (blue-baby syndrome), possible carcinogenic effects, and other health concerns support the basis for nitrate regulation. The health effects of excessive nitrate in drinking water are described in Chapter 2 of the Plan, pages 2-1 through 2-4.

Potential sources of nitrate in ground water include agricultural and domestic fertilizers, animal waste, septic system effluent, and natural sources (refer to Chapter 2, pages 2-4 to 2-7).

Ground water regulation in California is set forth in the Porter-Cologne Water Quality Control Act (State Water Code) and is within the purview of the State Board and Regional Board. Numerous programs and enforcement measures are available to the regulators to ensure the protection of ground water quality (refer to pages 2-7 through 2-10).

Nitrate Action Plan

In response to an order of the Regional Board in 1984 (Resolution 84-074), Butte County and the City of Chico prepared a "Nitrate Action Plan" in 1985 to address the nitrate problem in the Chico Urban Area. This plan was subsequently amended in 1988 by the City and County and incorporated the requirement for Regional Board approval of a sewer time line on all developments of greater than one unit per acre. The amended plan achieved consistency between the County and City on development densities, and incorporated areas in the northwest urban area into the City's sewer service area which were previously excluded from sewer service. A more detailed history of the Nitrate Action Plan is described on page 2-12. A copy of the Nitrate Action Plan as adopted by Butte County appears as Appendix N. As previously mentioned the adoption of the Nitrate Compliance Plan will supersede the Nitrate Action Plan. However, elements of the Nitrate Action plan (regarding septic tank installation standards) to remain in effect after the adoption of the Nitrate Compliance Plan are shown in Appendix O.

Prohibition Order No. 90-126 and other actions by the Regional Board are intended to enforce the nitrate standard of 45 mg/l as nitrate, and to reduce total nitrate loading to ground water. The Chico Urban Area population of approximately 85,000 residents includes about 35,000 persons residing in approximately 12,000 units which are served by on-site septic systems. These systems include many commercial and other non-residential facilities.

Pages 2-13 through 2-16 of the Plan describes the recent requirements of the Regional Board for the Chico Urban Area. In January 1995 the Regional Board received a verbal progress report from its staff and Butte County, and subsequently adopted Resolution No. 95-024 (attached in Appendix D of the Plan). At the County's request, this resolution deferred enforcement action relative to the Prohibition Order to allow time for the county to complete an implementation plan setting forth in detail local plans for compliance with the groundwater nitrate standards. The Regional Board's deferral of enforcement action is discussed on page 2-13.

Section 2.6 (page 2-17) further explains the role of CSA 114 and its scope of authorized activities. Most of CSA 114's expenditures have been for professional services in research, hydro-geology, soil chemistry, engineering, project management and related activities. Approximately $1.3 million have been spent since 1989. Table 2-2 (page 2-19) summarizes the description of expenditures from 1989 through 1999. A detailed review of CSA 114 expenditures is summarized in Appendix Q.

V.3 Chapter 3 - Scope and Results of the Technical Program

Chapter 3 summarizes the scope and results of a comprehensive technical program of ground water nitrate characterization, hydro geology, and soil chemistry conducted over a four year period. The purpose of the technical program was to define and establish the scope and extent of nitrate contamination, and to provide the technical basis for a resolution that is satisfactory to the County, Regional Board and the public.

Hydrologic studies of the project area have been performed since 1979 when elevated nitrate levels were first discovered in private water supply wells in the Chico Urban Area. Butte County's technical program began in 1992 with an initial nitrate characterization study consisting of the sampling of 119 wells. In 1993 an additional 19 monitoring wells were installed in the shallow aquifer to provide more accurate characterization of the extent and severity of elevated nitrate levels in ground water. The Ground Water Nitrate Study Final Report was completed in early 1994 by Dames and Moore (a national environmental consulting firm with an office in Sacramento, California).

Nitrate concentrations in wells ranged from background levels of 10 mg/l to more than 100 mg/l in the Chico Urban Area. The depth to ground water ranges from 11 to 45 feet below the ground surface and the direction of ground water flow in the shallow aquifer is west southwest.

The results of the technical program are generally consistent with previous studies. Nitrate concentrations are greatest down gradient from the areas of highest septic tank usage, and an evaluation of all potential nitrate sources strongly supports the conclusion that septic tank discharge is the primary source of ground water nitrate in the Chico Urban Area.

A simplified mass balance equation was used to predict the level of waste water loading that could be sustained without causing exceedance of the maximum contaminant level (the highest level of a contaminant permissible in water in a public water system as set by the U.S. Environmental Protection Agency under the Safe Drinking Water Act). This equation, known as the Hantzsche Equation, estimates nitrate loading to ground water based upon measured factors including rainfall, recharge, denitrification, soil chemistry, and other factors. The Hantzsche Equation was derived by Norman Hantzsche, a registered California professional engineer, and John Finnemore, Ph.D, professor of civil engineering at Santa Clara University (Santa Clara, California).

The Hantzsche Equation (see Section 3.3, page 3-4, and Section 3.4, pages 3-14 through 3-17) was applied to the Chico Urban Area where the input parameters (i.e. rainfall, recharge, denitrification, soil chemistry, population, housing density) could be reasonably measured and/or estimated and the

concentration of nitrate in the shallow aquifer could be determined and expressed in acres per equivalent dwelling unit. The findings of the technical program supports that the density limit of four or more dwelling units per acre will exceed the nitrate maximum contaminant level of 45 mg/l. The Hantzsche Equation is further described in Appendix G.

A team of scientists and engineers with expertise in this field was assembled to consult and provide guidance for the Technical Program. The technical team included members from academia (i.e. University of California- Davis, California State University - Chico), the Regional Board, and also Dames and Moore. The qualifications and backgrounds of the technical team members are discussed on page 3-6.

V.4 Chapter 4 - Nitrate Elimination, Reduction, and On-Site Compliance

Chapter 4 delineates those locations within the Chico Urban Area that require sewering (nitrate elimination or nitrate reduction), or no action beyond improved management of on-site systems. The results of the technical program (discussed in Chapter 3) provide the scientific basis for the designation of areas that must sewer to eliminate their nitrate discharge to ground water as well as those areas where existing on-site systems may continue to operate. The proposed actions are intended to reduce overall nitrate loading in the Chico Urban Area to a level which will not cause or perpetuate an excessive level of ground water nitrate.

The areas proposed for sewering have an average overall density of approximately four or more dwelling units per acre, a density which has been found to exceed the capacity of the soil and receiving waters to assimilate nitrogen. Other subareas may be required to connect to the sewer system based upon the following criteria (from page 4-2):

• prevalence of system failures and/or operational problems

• proximity to proposed or existing sewer service

• equitable distribution costs within a subarea or neighborhood

• inadequate separation from ground water

• poor soils

• average age of on-site systems

• cost advantages versus other ground water protection alternatives

Section 4.2 (pages 4-3 through 4-10) discusses nitrate loading from onsite systems as expressed in residential dwelling units per acre. Figures 4-1, 4-2 and 4-6 (attached to the Executive Summary in pages 9, 10, and 13) translate the results of the technical program to specific Chico Urban Area neighborhoods and subareas. Figure 4-1 expresses waste water nitrate loading from on-site systems in terms of the number of residential dwelling units per acre. Figure 4-2 illustrates all parcels with a sustainable density above the level calculated by the Hantzsche Equation that causes the exceedance of the maximum contaminant level, which is approximately 4 dwelling units per acre.

In many areas of predominantly higher density, such as the Lassen Avenue corridor, a single family dwelling on a large lot may exist in a neighborhood with a high average density. In other cases the

occupancy of a given dwelling unit may be substantially under the average, such as a single occupant of a home in the Avenues area. In these instances there is the question of whether or not the large lot or single occupancy should be included in the sewering of the area.

The occupancy of a given dwelling unit may significantly vary over time as the average family moves approximately every seven years. To illustrate the extreme, the specific waste water loading from a single dwelling unit may jump from a lone senior citizen occupant with a very low nitrate output, to a family of five with a relatively high waste water output. Older neighborhoods may naturally undergo a generational transformation with the accompanying increase in families with children.

The issue of fairness and equity is also considered. As extension of the sewer collection system occurs, sewer lines may abut some properties not required to connect by virtue of the other listed criteria for sewering. In this case, that property may benefit from the availability of the sewer main and the option of connecting at any time in the future.

As discussed on page 4-10, it is necessary to use averages to generalize and to avoid attempting to overly refine the analysis. Boundaries for sewering should consider the larger context of long-term waste water loading as well as the fairness and equity of how an otherwise cohesive neighborhood is treated.

LEGEND FIGURE 4-1

Nitrate Loading From On-site Systems

FIGURE 4-2

AREAS EXCEEDING SUSTAINABLE DENSITY

Figure 4-6 illustrates the application of the relative priority of sewering based upon average residential density and listed criteria in the Chico Urban Area. Those areas of average density above the calculated limit make up the vast majority of the total units that fall within the high and median priority for sewering. Those areas shown in red indicate housing densities greater than 4 dwelling units per acre which consists of high and medium priority and represent approximately 7,800 dwelling units. Those areas delineated in yellow and orange represent areas of poor soil conditions and potential problems with regard to onsite septage management.

The scope of intended sewering would total approximately 7,800 dwelling units, out of the approximately 12,000 units now using septic systems. Referring to Figure 4-6, those areas categorized as medium to high priority for sewering include the Lassen Avenue corridor (from Cussick Avenue to the Pleasant Valley Ditch which is west of Cohasset Road), the Avenues (south of Lindo Channel in neighborhoods east and west of the Esplanade, in general north of 3rd Avenue and as far east as State Highway 99), and the Chapman Mulberry Area (in neighborhoods south of East Eighth Street, east of Mulberry and Cypress Streets, north of Silver Dollar Fairgrounds and west of State Highway 99).

Section 4.4 (page 4-12) addresses potential nitrate-reducing technologies that can be retrofitted to existing septic systems. These technologies were closely examined but are not recommended for widespread use due to low reliability, high maintenance requirements, and cost. Use of these systems may be further explored.

Section 4.5 (page 4-13) addresses the sewering of non-residential (commercial) systems. These systems are extremely varied in their type and volume of discharge. Some systems may contribute very little to the groundwater nitrate exceedance whereas others may have high waste water usage on a very small lot. The most viable method for dealing with commercial systems will be performed on a case-by-case basis and review of each nitrate loading situation, with consideration of proximity to areas to be sewered.

Section 4.6 (pages 4-13 through 4-16) introduces an on-site program for monitoring those parcels that are not required to be sewered and would retain their onsite septic systems. Section 4.6 discusses how this solution will protect groundwater quality and is consistent with the State Water Code and other adopted State and Regional Board policies for meeting the nitrate maximum contaminant level of 45 mg/l. As mentioned in Section 4.6, approximately 65% of the estimated systems are to be sewered.

V.5 Chapter 5 - Sewer Feasibility, Cost & Program Financing

Chapter 5 summarizes the results of a preliminary sewer feasibility analysis completed in response to both the project's needs and the Regional Boards requirements. The estimated costs of sewering are presented.

In addition to the scope of work required by the Regional Board, the County sought to identify and preliminarily examine alternative sewer collection methods and the potential for a new waste water treatment plant. The objectives to perform the feasibility study included (from page 5-1):

• to identify the range of sewer collection and treatment alternatives potentially available;

• to determine the broad feasibility and approval characteristics of each alternative;

• to examine the operational costs and characteristics of each alternative;

• to provide general cost estimates for on-site sewer laterals (not within public right-of-way);

• to preliminarily meet the requirements of the State Revolving Fund which require the examination of alternatives to a project proposed for funding;

• to identify one or more feasible alternatives to the City of Chico sewer collection system if City sewer service/annexation policies were sufficiently unacceptable to the affected public as to cause rejection of the sewering program; and

• to recommend the most cost-effective alternative for use in the project area.

Three local firms were selected to perform the sewer feasibility analysis.

Northstar Engineering examined the collection of sewage from high-density neighborhoods north of Lindo Channel. In the Lassen Avenue corridor the units are predominately mobile home parks and apartment complexes. These areas have generally been developed more recently than other parts of the Chico Urban Area and lack existing sewers.

Rolls Anderson & Rolls Civil Engineers examined sewage collection in the areas south of Lindo Channel. Their work included the Avenues and Chapman-Mulberry neighborhoods which contain older and more complicated patterns of mixed land uses, smaller lots, and will require more extensive repair to streets, storm drains and utilities. The analysis also included an effort to identify the problems and average costs of providing laterals from the public right-of-way (i.e. road or street) to the individual dwelling unit.

Metcalf & Eddy evaluated the treatment and disposal of waste water both at the existing regional treatment plant operated by the City of Chico, and at a new location northwest of the Chico Urban Area.

FIGURE 4-6

APPLICATION OF SEWER CRITERIA TO CHICO URBAN AREA

Table 5-1, excerpted from page 5-3, identifies the approximate number of dwelling units per priority area and delineates the types of residential land use.

The Chico Urban Area is presently served by a central sewer system made up of four components: collection, transport, treatment and disposal. Treatment of the effluent is accomplished at the Water Pollution Control Plant located on River Road, which utilizes an activated sludge process. Disposal of the treated effluent is to the Sacramento River.

The Water Pollution Control Plant is a "regional" facility, intended to serve the population of the greater urban area. As it was constructed in part from federal grant funds, the City of Chico must accept effluent from non-city areas. The effect of this provision is that the City of Chico cannot require annexation to the city as a condition of usage of the treatment plant. Unlike the treatment plant the City has stated that the collection system was not constructed with federal grant funds, and thus is able to impose annexation as a condition of sewer service.

The Regional Board imposed a Cease and Desist Order on the City of Chico which requires certain upgrades to the Water Pollution Control Plant to ensure a reliable 6 million gallon per day (MGD) operation. Approximately 1.5 MGD is required for the connections related to the Prohibition Order. The City of Chico is in the process of expanding the facility's wastewater treatment capacity to 9 MGD. As of December 1999 all operational upgrades have been completed. The completion of remaining construction activities for the water pollution control plant expansion is anticipated by spring 2000.

The engineers estimated the direct construction cost of the conventional gravity collection system by utilizing the same design criteria, unit costs and design and contingency costs used by the City of Chico. Financing the construction of the system will add an increased cost.

The construction cost estimates are intended only as a starting point in an ongoing process of re-estimating the costs as the scope and design of the sewer improvements become more fully known. Indirect costs related to sewer improvements are dependent on future conditions and are difficult to estimate. To cover additional City of Chico fees such as trunk line fees and sewer main fees a contingency was added to the off-site construction cost based upon the estimated number of units

that front existing sewer. The estimated costs are summarized in Table 5-2 (excerpted from Page 5-5.)

Included in off-site collection costs are pipe installation, trench bracing, pavement replacement, installation of sewer manholes and sewer cleanouts as well as the installation of sewer laterals from the sewer main to right of way line. Onsite costs include the abandonment of the septic tank and onsite sewer connection including manholes, pavement replacement and landscape restoration.

As previously mentioned, the City of Chico is expanding the Water Pollution Control Plant's treatment capacity from 6 MGD to 9 MGD to allow for the connection of additional units. Pages 5-6 and 5-7 describe the Region Board's directives regarding the City's efforts in correcting deficiencies and expanding the plant.

Prior to the depletion and termination of a Federal Grant Program for funding local waste water projects, local communities typically utilized grant funding for the majority of the projects' cost. The burden of paying for central sewer system now falls on the community. Programs Butte County will pursue to finance sewer improvements are described below (see also pages 5-8 through 5-13).

Estimated construction costs to abandon a septic tank, install the lateral sewer line from the living unit to the sewer main, to install the sewer main, and pay for treatment plant capacity costs, is approximately $9,000 per unit. Public financing costs have not yet been determined and will depend upon the type of financing method that is selected.

Figure 5-1

Greater Chico Urban Area Development Project Area

The best financing structure for the Project will utilize a combination of financing mechanisms. The County is highly ranked for State Revolving Fund monies. A source of revenue and the mechanisms to repay such a loan will need to be identified and developed.

V.6 Chapter 6 - Oversight Monitoring Program for On-site Systems

Chapter 6 addresses the continued operation and management of approximately 4,200 units that will continue to utilize on-site septic systems pursuant to the proposed Plan. These onsite systems located in the lower-density areas will adequately protect groundwater quality if properly maintained and operated. Studies performed by Butte County after the adoption of Order 90-126 indicate that dwelling densities of less than 4 homes per acre may not cause exceedance of the groundwater nitrate maximum contaminant level. This conclusion was based upon site specific studies and literature data. In its letter of October 14, 1999, which is provided in Appendix R of the Plan, Regional Board staff has indicated their willingness to request that the Regional Board modify the prohibition to allow the continued use of existing septic systems in these lower density areas.

The Regional Board's letter lays out two options for monitoring parcels that continue to use on-site septic systems: 1) the issuance of a Cleanup and Abatement Order on the County, or 2) the codification of a monitoring program into the County Code combined with a memorandum-of-understanding (MOU) between the County and Regional Board.

The Regional Board's letter states that State Water Code Section 13304 gives the authority to issue a Cleanup and Abatement Order against the County, because it is currently allowing the discharge of wastewater from septic systems where it is causing pollution. A Cleanup and Abatement Order could require the above monitoring program, and also the elimination of standard septic systems, in areas where the Board determines the density of the systems would cause the exceedance of the maximum contaminant level. This density determination would take the Nitrate Compliance Plan into consideration.

The second option includes an MOU and codification of a monitoring program and would reduce the amount of staff and County resources to obtain adequate monitoring.

Regional Board staff has determined that an oversight monitoring program, administered by the County, may be an effective method of water quality assessment and protection for parcels that continue to use on-site waste water systems. The establishment of an oversight program is proposed to monitor these systems pursuant to the State Water Code which authorizes the continued use of on-site systems in lieu of sewering where water quality can be adequately protected. Elements of the oversight monitoring program are presently being developed and considered by County and Regional Board staff. Such elements include:

• A water quality monitoring program for the shallow aquifer including data collection of groundwater depth, nitrate, coliform and possible other parameters;

• A public education program to educate residents about the groundwater nitrate program and the proper care of their septic systems; and

• A program to report septic tank pumping records and County complaint responses/repairs to Regional Board staff.

As part of the MOU, Regional Board staff would propose that the results of the monitoring be given sufficient time, on the order of 10 to 20 years, to establish that sewering is having the desired effect on groundwater nitrate concentrations before considering any further action in the unsewered areas.

Approximately twenty percent (20%) of the units affected by the Prohibition Order are currently located within the city limits of the City of Chico; this occurrence is largely a result of annexations over the past decade. Regional Board staff has acknowledged that further annexations will occur. At some point, resulting from the combined effects of connecting to sewer or through annexations to the City of Chico, the number of parcels located within the unincorporated portion of the Chico Urban Area will be so few as to render the operation of the monitoring program to be infeasible. It will therefore be proposed that the terms of the MOU be reviewed and renegotiated every ten years and rescinded, if appropriate. Also, as conditions warrant, either the County or Regional Board staff may request reconsideration of any affected provision of the MOU.

By utilizing either the Cleanup and Abatement Order or the MOU coupled with the codification of monitoring requirements, the Regional Board has adequate authority to assure the program would be carried out by the County. The Plan recommends the second option as the preferred public policy for the following reasons:

1) This approach is more flexible than a Cleanup and Abatement Order;

2) The program is not intrusive to property owners; and

3) Funding and codification of an oversight monitoring program is relatively inexpensive and easy to operate, as compared to other management options previously considered.

The policy to implement the MOU and codification of the monitoring program will be considered by the Board of Supervisors upon the finalization and adoption of the Nitrate Compliance Plan.

V.7 Chapter 7 - Local Government Jurisdiction, Development & Related Issues

Chapter 7 deals with the need for the County and City of Chico to work cooperatively to address the

issues that arise in solving the health and regulatory issues which impact the citizens of the Chico Urban Area. Butte County and the City of Chico have previously cooperated on many issues, including those related to the nitrate issue. Section 7.1 describes several agreements in the past decade that are germane to the groundwater nitrate issue:

Annexation Policy

The County and City are currently in negotiations to resolve differences regarding annexation to the City of Chico as a condition of sewer service. It has been a policy of the City Council to require annexation as a condition of connection to sewer facilities, if possible. If annexation is not possible the City requires the property owner to execute an annexation and sewer service agreement before connecting in which the property owner waives the right to protest the property's future annexation to the City at such time the property is annexable.

Citing the greater priority of the community health issue and the difficulty of obtaining a majority of pubic acceptance, County representatives have requested the City to modify its annexation policy. Representatives of the County and City have committed to continuing discussions on these matters. Although the parties have not yet reached an agreement negotiations are still proceeding.

Section 7.4 describes minimum lot sizes and density limits for new residential development within the Chico Urban Area. New residential development on septic systems will be limited to areas with a minimum parcel size of 20,000 square feet which equates to approximately two dwelling units per acre. This applies a safety factor to calculated nitrate loading and ensures that long term water quality will be protected and improved.

V.8 Chapter 8 - Environmental Review and Compliance

Chapter 8 discusses the environmental review process required by the California Environmental Quality Act (CEQA). Implementation of the Plan, as it regards the preparation of the State Revolving Fund Loan application, is subject to CEQA which will require the preparation of an environmental impact report (EIR). Four previous EIRs have addressed the extension of sewers throughout the Chico Urban Area, including the potential growth-inducing impacts and cumulative impacts of sewer extension.

An overview of CEQA, a description of previous environmental documents, and CEQA compliance alternatives, is explained on pages 8-1 through 8-6. The use of a Program Environmental Impact Report is recommended as best focusing on broad policy decisions. The Program EIR provides flexibility and cost-effectiveness, and defers the evaluation of site specific issues until those issues are ready for discussion.

Preparation of the Program Environmental Impact Report for the Plan should begin following initial consideration and endorsement of the proposed plan by the County Board of Supervisors, City of Chico (for applicable components), and the Regional Board. An environmental document is required to complete a facilities plan as part of the State Revolving Fund Loan application package. It is envisioned that the environmental document will address potential issues related to the installation of sewer lines and the decomposing of septic systems. Subsequent environmental documents may address later issues to the extent they are not covered in the original Program EIR.

V.9 Chapter 9 - Plan Components and Schedule

Chapter 9 compiles the various components of the Plan and highlights key decisions and directions. Informational workshops will be held within the Chico community prior to the final consideration of the plan by the Board of Supervisors. In addition to conducting informational neighborhood workshops, the televising of workshop sessions, and the placement of the Plan on the Internet, will be considered to provide every possible opportunity for disseminating information to the public. Copies of the Plan and its supporting technical studies are available for review in the Chico Branch of the Butte County Library and also the Meriam Library on the campus of California State University - Chico. Readers may also access the Plan on the internet at www.buttecounty.net/cob.

The component parts of the proposed Plan include (excerpted from page 9-1 and 9-2):

• provision of sewer service to designated areas

• septic systems that will remain in service

• determination and implementation of financing plan components

• implementation of an oversight program to monitor remaining onsite systems and water quality

Phased sewer service will be provided to those areas designated for the elimination of existing septic systems (see Chapter 4). Sewer service will be extended to approximately 7,800 dwelling units within the designated sub-areas, beginning with the area of highest priority. It is contemplated that the segments of the collection system be designed, constructed, and phased in over a 3 to 10 year period from the time of the adoption of the Plan by the Butte County Board of Supervisors.

A combination of loan programs to assist with financing of sewer improvements best fits the situation. The financing program will emphasize the low-interest State Revolving Loan Fund and probable use of a special assessment district. Further structuring and refinement of a financing program will be necessary following the adoption of the Plan.

A Memorandum of Understanding between the City of Chico and County has been discussed with the objective of resolving annexation and related issues in a manner that will ease public concerns and facilitate completion of the program. The Memorandum of Understanding (described in Section 7.3) sets the stage for this cooperative effort.

Citizens Nitrate Advisory Committee

In November 1995 the first meeting of a Citizens Nitrate Advisory Committee was held. This committee's role and purpose in the Nitrate Compliance Program is as follows (refer to page 9-4):

• To assist in generating and considering alternative approaches, methods, and strategies available to the project team and the community;

• To act as a sounding board in review of analyses and proposals;

• To express the priorities, interests, and values of the affected community;

• To advise the Board of Supervisors, and particularly the Chico area Supervisors, who have been actively involved with the issue on a continuous basis, on the merits of recommended courses of action;

• To assist the project team in an effective plan that is acceptable to the public, the County Board of Supervisors, and the Central Valley Regional Water Quality Control Board.

The membership of the Citizens Nitrate Advisory Committee includes neighborhood representatives, mobile home park owners, mobile home park tenants, property managers, bankers, septic tank service providers, attorneys, engineers, and representatives from a citizens group originally formed in the 1980's to address this issue. Additionally, staff from several County departments, staff from the Regional Water Quality Control Board, and technical consultants attend these meetings. A roster of persons comprising the Citizens Nitrate Advisory Committee is included as Appendix H.

Formal Action of the Regional Water Quality Control Board

The Central Valley Regional Water Quality Control Board will be asked to amend the Prohibition Order or take other steps as appropriate to approve the Plan. The amendment to the Basin Plan may supersede the existing Prohibition Order and allow for the continued operation of onsite sewage disposal systems as described in Chapter 6.

A preliminary schedule of the actions leading to the adoption of the Plan is shown in Table 9-1 and presented here as page 24.

VI. Appendices

Attached to the Plan are nineteen appendices which provide additional supporting documentation. A list of the Appendices is shown in the Table of Contents, page v.

VII. Contact Persons - County Project Team

Questions, concerns and comments may be addressed to these persons who are associated with the County's Project Team:

Staff Contacts:  Dan Blair, Manager, Program Development (530) 538-7631

Starlyn Brown, Interim Chief Administrative Officer (530) 538-7224

Address: Butte County Administrative Office

25 County Center Drive

Oroville, CA 95965 FAX: (530) 538-7120

Board of Supervisor Contacts: 

Supervisor Jane Dolan, District 2 (530) 891-2830

Supervisor Maureen Kirk, District 3 (530) 891-2800

Address: Butte County Board of Supervisors

25 County Center Drive

Oroville, CA 95965