
Septic Tank Enforcement Program
Problem
Properly installed and maintained septic systems are an effective means to deal with sewage. Current regulatory requirements only address the installation of septic systems. Only recently has any attempt been made to include operation and maintenance in the routine management of septic tanks. While most operational failures that directly affect the homeowner are identified and corrected promptly, the detection of functional failure of septic systems generally occurs when the water quality in an adjacent water body degrades and the search for potential sources identifies failing septic systems. The current response mechanism is reactive and can be expensive and time-consuming. There is currently no proactive means in place to ensure the proper maintenance of septic systems.
The City of Jacksonville has maintained a tributary water quality monitoring program for more than 20 years. The St. Johns River in Duval County has approximately 152 tributary Water Body Identifications or Segments (WBIDs). This program monitors surface water quality at approximately 100 locations on 72 tributaries on a quarterly basis. One of the key parameters measured is the concentration of fecal coliform bacteria (bacteria present in the digestive tract of warm blooded animals). Environmental agencies use fecal coliform bacteria as an indicator of human sewage entering the waterways. Additionally, the sewage causes an increase in nutrients leading to algal blooms. Using data collected by the city, the state has determined that the fecal coliform levels of 51 tributaries are sufficiently elevated to designate them as "not meeting their designated use" or "impaired" for recreation. In other terms, these waters are not safe for fishing or swimming.
Water quality monitoring efforts indicate that on any given day, half the tributaries in Jacksonville are in violation of Florida's fecal coliform standard.
The city's surface water monitoring program has also documented nutrient concentrations 10 times higher than background in local tributaries that are surrounded by, or adjacent to, septic tank areas. According to recent groundwater quality studies, this type of nutrient enrichment is to be expected because shallow groundwater often makes up much of the flow of local surface waters. Many studies have also demonstrated the influence of groundwater discharges in the transport of nutrients to coastal systems, especially in areas with a high density of on-site septic tanks.
The Florida Department of Environmental Protection has since issued Total Maximum Daily Load (TMDL) standards for 10 of the impaired tributaries with more to follow. These standards require reduction in the amount of fecal coliform bacteria and nutrients flowing into each of these tributaries.
A recent study performed by the U.S. Geological Survey on two local tributaries, specifically, Fishing Creek and the south branch Big Fishweir Creek basins, concluded the primary source of fecal coliform bacteria was from human sources and that 63 percent of the samples collected exceeded standards. The creeks also exceeded the U.S. Environmental Protection Agency's nutrient criteria for rivers and streams 49 percent of the time for nitrogen and 96 percent of the time for phosphorous. The study concluded that management of septic tank effluent may substantially improve water quality in the creeks.
A study performed by the Buzzards Bay National Estuary Program in Massachusetts found that "coliform bacteria and pathogens enter the coastal environment mostly through direct surface flow from streams, stormwater discharge and overland flow, as well as from groundwater draining from septic systems within 300 feet of shore and streams." The study also found the bacteria have a short travel time to the receiving waters.
Currently, there are 22 failed septic tank areas located within Jacksonville's urbanized area.
The Plan
Inspection and monitoring program
A septic tank inspection and maintenance program is proposed to identify, rehabilitate or replace failing septic systems.
Septic tank owners, except owners of performance-based systems, will be identified and included in a septic tank inspection and maintenance program. City septic program inspectors from the Department of Environmental Resource Management will issue inspection certification/operating permits upon inspection of each septic tank without the need for the owner to apply for a permit. Owners of failing systems will be notified and given 60 days from the receipt of notification to achieve compliance. Each system will be inspected on a five-year cycle.
Homeowners will also be notified that if they have illegally connected to the JEA system, city stormwater systems or have an illegal outfall into a waterway they could be subject to a penalty and can take advantage of a proposed amnesty program.
Currently, the Department of Health issues permits for septic tank installations. The inspection certification/operating permit will be separate from these permits. Performance-based systems will be exempt because they are subject to maintenance requirements and health department inspections.
Limitation on new systems near waterways
Along with a proposed inspection program, the city is proposing new rules for the locations of septic tanks near waterways:
· Increase setback for installation of new septic tanks beyond the current standard of 75 feet from the mean high water line of a tidally influenced water body as defined in the Florida Administrative Code and Florida Statutes.
· Only performance-based septic systems may be constructed between 150 feet and 300 feet away from the mean high water line of a tidally influenced water body.
· Only performance-based septic systems may be constructed within hurricane evacuation zone 1 or the coastal high hazard zones, with one exception: Existing septic systems permitted prior to July 31, 2006 may continue to operate within 300 feet of the mean high water line of tidally influenced surface bodies of water with a permit until they become a sanitary nuisance or until connection with regional sewer is possible.
· Existing systems that fail within an area where no regional sewer exists will be required to rehabilitate the systems in compliance with the most current standards unless they are located within a failed septic tank area, which are regulated by city ordinances.
Mitigation program for new systems in basins of fecal impaired tributaries
Because the city has 51 impaired tributaries, it is the goal of the septic tank mitigation program to have no net gain in septic systems in those basins. These water bodies have effectively reached their assimilative capacity.
Toward this goal, the city is a proposing a septic tank mitigation program. It will work as follows:
- For every new septic system installed within a basin with a TMDL for fecal coliform bacteria, the homeowner or developer must contribute to the cost of converting septic systems within the impaired basin through the Water and Sewer Expansion Authority. This will allow the authority to expand sewer service into unserved neighborhoods within the same basin.
Other program elements
Connection Requirements: Effectively expanding the service area for WSEA will require strengthening the requirement for hookup in failed septic tank areas. Requests for connection deferrals in failed septic tank areas must be made within 120 days (four months) of notice of sewer availability and connections must be made upon transfer of property.
Amnesty program for illicit connections: It is suspected that there are numerous illicit connections to the sewer system or potentially direct outfalls ("tailpipes") into the river or tributaries. The septic tank inspection and maintenance program aims to aggressively pursue these violators. However, there will be an amnesty period where homeowners can self-report illegal connections and outfalls and obtain appropriate approvals from the respective agencies.
PAST ACCOMPLISHMENTS
The Better Jacksonville Plan septic tank phase-out program has or will impact the following six neighborhoods: Pernecia, Murray Hill, Glynlea, Lake Forest, Scott Mill and Oakwood Villas. Construction was completed for Pernecia in 2002, Glynlea was finished in 2005 and the final phase of Murray Hill was completed this year.
Lake Forest is separated into three phases. Phase one is complete and phase two is scheduled to be completed in October 2006. Phase three is scheduled to start construction in the fall and should be complete in early 2009.
Scott Mill has been designed and construction is expected to last until early 2008.
Oakwood Villas is in various stages of design and is scheduled for construction completion in early 2009.
CONTACT INFORMATION
Vince Seibold, Division Chief
Environmental Quality Division
City of Jacksonville
(904) 630-4900
VSeibold@coj.net