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State Water Resources Control Board proposes Tulare County as administrator for East Orosi sewer under AB 805

3254523 · May 9, 2025
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Summary

State Water Resources Control Board staff said they will notify the community and accept public comment on a proposal to designate the East Orosi Community Sewer District as a failing sewer system under Assembly Bill 805 and to appoint Tulare County as the sewer system administrator.

State Water Resources Control Board staff said they will notify the community and accept public comment on a proposal to designate the East Orosi Community Sewer District as a failing sewer system under Assembly Bill 805 and to appoint Tulare County as the sewer system administrator.

The designation would allow the state board to issue a compliance order and to authorize an appointed administrator to manage technical, operational and financial work needed to restore adequate sewer service. Staff said written comments will be accepted through May 7 and that the board is targeting final approval and administrator start-up in May or June, subject to executive review.

"Tonight, we are proposing the identification of East Orosi Community Sewer District as a designated sewer system in need of an administrator," said Stephanie Torres, a Division of Water Quality staffer with the State Water Resources Control Board. She and other board staff described the process established by AB 805 and the next administrative steps: public notice, a compliance order and a signed resolution of findings before an administrator is formally appointed.

James Garrett, a State Water Resources Control Board staff member, described the typical authorities an administrator would exercise: "The administrator can expend money that's available for capital infrastructure improvements," and may set and collect user sewer rates and use available funds for operations, maintenance, feasibility studies and project planning. Garrett said the administrator would coordinate technical assistance and pursue construction funding including Clean Water State Revolving Fund applications.

Board staff summarized the findings that prompted the designation: failure to meet regulatory standards, insufficient technical, managerial and financial capacity, and infrastructure failures that have caused nuisances or contamination in the community. The board sent a notification letter to the district on Feb. 21, 2025, and made the letter and attachments available on its website for public review.

State staff proposed that the County of Tulare, acting through its Resource Management Agency, serve as the administrator. Division of Financial Assistance staff said they reviewed the county's annual comprehensive financial reports for the last three fiscal years and confirmed insurance coverage, including general liability and errors-and-omissions policies. The state said it did not identify an apparent conflict of interest in the county serving as administrator and that the county intends to contract with existing service providers, including contract operator Ralph Gutierrez and Community Water Center for outreach.

Tulare County representatives present said the county has already set aside some ARPA funds to address immediate sewage needs and has paid about $91,000 to the Cutler-Orosi Joint Powers Authority to cover overdue charges for East Orosi. County staff cautioned that most physical work — pump replacements, cleaning the collection system and other construction — cannot proceed until the administrator has formal authority under the compliance order and resolution.

Board staff described required plans the administrator must produce: a community accountability and engagement plan (to be adapted from the county's drinking-water engagement work) and a post-administrator sewer service plan. The post-administrator plan must be submitted in draft within 12 months of the administrator commencing duties and must evaluate technical, managerial and financial capacity, consolidation potential, long-term governance and required infrastructure projects.

Community members pressed for a faster timeline and asked whether public letters of support or comments would speed the process. State staff said comments — positive or negative — would not automatically change the timeline; they welcomed written comments through May 7 and said staff would respond to comments as required, sometimes within the compliance order itself.

State Water Resources Control Board staff and Tulare County officials said they will continue community engagement as the process moves forward and encouraged residents to sign a sheet at the meeting to receive the notification letter and further updates. No formal appointment of an administrator occurred at the meeting; board staff said the appointment requires completion of the compliance order and signed resolution by the board's executive team.