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Ordinance No 3320
An Ordinance Amending Chapter 19 of the
Butte County Code, Entitled "Sewage Disposal"
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. The Sewage Disposal Ordinance, Chapter 19 of the Butte County Code, is
amended by addition of Section 19-10.2 to read as follows:
c i n 19-1 .2. Ex i n wh r y r li h al h n i i n xi
The Health Officer may permit usage of property other than the affected property
to install temporary sewage disposal facilities as a means to alleviate an adverse public
health condition associated with failing sewage disposal facilities. For purposes of this
section the "affected property" is the site of the building, structure or premises served
by the failing sewage disposal facility. Such a temporary permit shall be subject to the
following:
1) The term of the temporary permit and any extension thereof shall not
individually exceed three f31 years.
2) No temporary permit or extension shall be granted if public sewer is
available within the distance specified by Section 19-14 of this Code If
3J The right to use property far temporary facilities shat[ be made appurtenant
to the affected property and shall inure to the benefit of future owners,
heirs and successors and evidenced by recorded easement or other
recorded document(s1 acceptable to the Health Officer and County Counsel.
4} The property utilized for temporary facilities shall riot be land area I.
necessary to repair or replace an existing system upon that property,
5} There is not sufficient repair area upon the affected property.
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Section 2. Severability.
If any part of this ordinance shall be held void by a court of competent jurisdiction, such
part shall be deemed severable, and the invalidity thereof shall not affect the remaining
parts of this ordinance.
Section 3. CEQA Findings
The Board finds, pursuant to Title 14 of the California Cade of Regulations ("CCR"),
Section 15378, that adoption of this ordinance is exempt from the requirements of the
California Environmental Quality Act {CEQA} for the following reasons, each of which is
sufficient in and of itself to support this finding:
A. Adoption of the ordinance is not a "Project" under CEQA, in that it does not
have a potential for resulting in a detrimental physical change in the environment, directly
or ultimately, as provided in CCR Section 15378(a};
B, It can be seen with certainty that there is no possibility that adoption of this
ordinance may have a significant efifect upon the environment pursuant to CCR Section
15061(b)(3}; and
C. Adoption of this ordinance Es an action by a regulatory agency that will
maintain, enhance, and protect the natural groundwater resource and the environment
of the County and the regulatory process in the ordinance involves procedures for the
protection of the environment and is therefore categorically exempt pursuant to CCR
Sections 15307 and 15308.
Section 4. Effective Date and Publication.
This Ordinance shall be and it is hereby declared to be in full force and effect from and
after thirty (30} days after the date of its passage, and before the expiration of fifteen
{15) days after its passage, this Ordinance shall be published once with the names of the
members of the Board of Supervisors voting for and against it in the Enterprise-Reoord ',
a newspaper published in the County of Butte, State ofi California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 14th day of January 1997, by the following vote:
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AYES: Supervisors Beeler, Dolan, Houx, 3osiassen and CB.air Davis
NOES: None
ABSENT: None
NOT VOTING: None
Fred C. Davis, Chair of the
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK
Officer and Clerl< of the oard
By