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HomeMy WebLinkAbout40181 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Ordinance 4018! AN ORDINANCE REPEALING BUTTE COUNTY CODE CHAPTER 19, ENTITLED "SEWAGE DISPOSAL," AND REPLACING IT WITH BUTTE COUNTY CODE CHAPTER 19, ENTITLED "ON-SITE WASTEWATER SYSTEMS" The Board of Supervisors of the County of Butte ordains as follows: Section 1. Chapter 19 of the Butte County Code entitled "Sewage Disposal" is repealed and replaced with new Chapter 19, entitled "On-Site Wastewater Systems" to read as follows: 19-1. Legal Authority This Chapter is adopted pursuant to Article I, Section 1, of the Butte County Charter, Article XI, Section 7 of the California• Constitution, which authorizes the County to exercise the police power of the State by adopting regulations promoting the public health, public safety, and the general welfare of its citizens, and the Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq. 19-2. Purpose The purpose of this Chapter is to: On-Sa.te Wastewater Systems Adopted Nearch 16, 2010 Page 1 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 A. Protect public health and the environment by protecting ground and surface water quality. B. Establish, an administrative framework allowing the adoption of science--based standards for design, construction, installation, operation, maintenance, monitoring, replacement, alteration, enlargement, repair and abandonment of on-site wastewater treatment, conveyance, and dispersal systems. C. Provide for compliance and enforcement of a comprehensive on-site regulatory program. D. Ensure compliance with applicable standards, laws, and guidelines as adopted, and/or modified by the State of California, Water Resources Control Board or the Central Va11ey Regional Water Quality Control Board ~RWQCB). The California Water Code requires that all dischargers of waste, including sanitary wastewater from homes, file a report of waste discharge. The Regional Board has traditionally waived this requirement for counties that have a program for on- site wastewater systems that is compatible with the RWQCB's "Guidelines for Waste Disposal from Land Developments." The Regional Board has established appropriate procedures for handling on-site wastewater On-Sa.te Wastewater Systems Adopted March 16, 2010 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~. 6 17 18 19 20 21 22 23 29 25 in its Basin Plan under "Guidelines far Waste Disposal from Land Developments." The requirements of this Chapter are intended to comply with these Guidelines and constitute a program for on-site wastewater systems that is adequately protective of water quality. X19-3. Definitions The following words and terms, when used in this Chapter, have the following meanings, unless the context clearly indicates otherwise. Terms expressed in the singular shall be construed to incorporate the plural, and vice versa, unless the context otherwise requires. A. "Applicant" shall mean a property owner or the property owner's Authorized Representative. B. "Areas of Environmental Concern" sha11 mean geographical areas designated by Resolution of the Board of Supervisors where additional protective measures are appropriate. C. "Authorized Representative" shall mean a person or persons authorized by the property owner to act on the property owner's behalf on matters pertaining to application for permits and services. On-Site Wastewater Systems Adopted March 16, 2010 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 '', 19 2D 21, 22 23 24 25 D. "Certified Designer" shall mean a person authorized by the Local Enforcement Agency (LEA) to design pressure distribution and supplemental treatment wastewater systems meeting the requirements far certification as specified in this Chapter. E. "Certified installer" shall mean a person authorized by the LEA to install on-site wastewater systems meeting the requirements for certification as specified in this Chapter. F. "Certified Pumper" shall mean a person authorized by the LEA to pump and perform minor repair of septic tanks and pump chambers meeting the requirements for certification as specified in this Chapter. G. "Certified Operation, Monitoring, and Maintenance (OM&M) Specialist" sha11 mean a person authorized by the LEA to perform operation, monitoring, and maintenance inspections and routine maintenance, meeting the requirements for certification as specified in this Chapter. H. "Chico Urban Area" shall mean the area shown by Appendix P of the Nitrate Compliance Plan and identified as County Service Area 114 (Greater Chico Urban Area). On-Site Wastewater Systems Adopted March 16, 2010 Page 4 1 2 3 9 5 6 7 8 9 10 1a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. "septic Tank Area" sha11 mean the area within the Chico Urban Area not shown on Figures 1-3a and 1-3b of the Chico Urban Area Environmental Impact Report as an area to be sewered, 2. "Planned Sewered Area" shall mean the area within the Chico Urban Area shown on Figures 1-- 3a and 1-3b of the Chico Urban Area Environmental Impact Report as an area to be sewered. I. "Chico Urban Area Environmental Impact Report" shall mean the environmental impact report adapted by the Board of Supervisors on September 11, 2001 titled "Environmental Impact Report Chico Urban Area Nitrate Compliance Plan." J. "Chico Urban Area Nitrate Compliance Plan" shall mean the plan adopted by the Butte County Board of Supervisors on September 25, 2001 titled "Chico Urban Area Nitrate Compliance Plan." K. "Commercial Project" shall mean any project other than those defined as residential. For the purposes of this Chapter, the definition of a commercial project sha11 not include agricultural storage buildings and On-Site Wastewater Systems Adopted March 16, 2010 Page 5 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~. 22 23 24 25 primitive-type picnic grounds, campsites, and recreation areas. L. "Community Wastewater System" shall mean an on-site wastewater system serving two (2) or more residences, parcels, or commercial sources by any method, which meets State and local minimum standards, excepting a' system serving a primary and secondary dwelling sharing facilities on the same lot or parcel. M. "Disinfection" shall mean the process of destroying pathogenic and other microorganisms in wastewater as specified in the on-site Wastewater Manual. N. "Effective Soil" shall mean permeable, unsaturated soil. providing sufficient aeration and retention for treatment of wastewater effluent. O. "Environmental Health Director" shall mean the Director of the Environmental Health Division of the Butte County Public Health Department. P. "Failing Wastewater System" shall mean any on-site wastewater system that: 1. Discharges untreated or inadequately treated wastewater or septic tank effluent direct~.y or indirectly onto the ground surface, into a dwelling, or into surface or groundwater; or On-Sa.te Wastewater Systems Adopted Maxch 16, 2010 Page 6 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Ts not operated in compliance with permit requirements for operation, monitoring and maintenance as specified in this Chapter and the on-site Wastewater Manual; or 3. Has been retrofitted with unapproved components or been modified from the original approved design; or 4. Does not meet effluent quality standards as specified in the approved wastewater system design. Q. "Industrial Waste" shall mean any liquid, gaseous, radioactive, or solid waste substance, or a combination thereof, resulting from any process of industry, manufacturing, trade, or business, or from the development or recovery of any natural resources. R. "Land LFse Project" shall mean any entitlement process, initiated through the Butte County Department of Development Services, including, but not limited to, tentative maps, parcel maps, use permits, certificates of compliance, and lot line adjustments. The requirements in this Chapter apply only to conditions regulated by the LEA. Other County departments have separate processes and requirements. On--Site Wastewater Systems Adopted March 16, 2010 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 S. "Local Enforcement Agency (LEA)" shall mean the Environmental Health Division of the Butte County Public Health Department, which is designated as such by the Board of Supervisors pursuant to Public Resources Code Section 43202. T. "Minimum Useable Wastewater Area (MUWA)" shall mean' the amount of useable ground surface, expressed in square feet, that is required when creating new lots or parcels in the tentative or parcel map process. The amount of land area is based on the percolation rate and the type of leach field distribution method. U. "On-Site Wastewater Manual" shall mean the document containing implementing standards and requirements of this Chapter, including specific detail on acceptable on--site wastewater treatment and dispersal systems and processes, developed by the LEA and the Wastewater Advisory Committee and adopted by resolution of the Board of Supervisors. V. "On-Site Wastewater System" shall mean any system of piping, treatment devices or other facilities that convey, store, treat, or dispose of wastewater on the property where it originates ox on adjacent or nearby On--Site Wastewater Systems Adopted March 16, 2D10 Page 8 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 29 25 property under the control of .the user, and which is not connected to a public sewer system. W. "Operating Permit" shall mean that administrative document issued by the LEA authorizing the initial and/or continued use of an on--site wastewater system, as specified in the On-Site Wastewater Manual. X. "Operation, Monitoring, and Maintenance {OM&M}" shall mean regular inspection, monitoring, and service provided to on-site wastewater systems as delineated in the On-Site Wastewater Manual to insure their long- term viability Y. "Owner" shall mean any person who alone, or jointly,' or severally with others: 1. Has legal title to any single lot, dwelling, dwelling unit, or commercial facility, or an easement sufficient to allow installation and maintenance of a wastewater system; or 2. Has care, charge, or control of any real property as applicant, executor, executrix, administrator, trustee or guardian of the estate of the holder of legal title. On-Site Wastewater Systems Adopted March 16, 2010 Page 9 1 2 3 5 6 7 B 9 1D 11 12 13 }. 9 15 16 17 18 19 20 21 22 23 29 25 Z. "Person" shall mean any owner or authorized representative, corporation, association, firm, organization, partnership, or company. AA, "Pressure Distribution" shall mean dispersal of wastewater system utilizing pressurized small diameter distribution lines for equal distribution of effluent. BB. "Public Sewer System" shall mean any sewer system constructed, installed, maintained, operated and owned by or for a municipality or public entity established for wastewater treatment and discharge. CC. "Site Evaluation" shall mean the process for determining whether a parcel's site conditions meet the minimum requirements of this Chapter and the On~- Site Wastewater Manual. DD. "Standard System" shall mean an on-site wastewater system comprised of a 2-compartment septic tank for primary treatment and dispersal in gravel or graven ess chamber trenches. Effluent will flow to the trenches by gravity, or may be pumped to the first distribution box of the trenches. EE. "Supplemental Treatment System" shall mean any on-site' wastewater system or system component providing enhanced treatment, over that which would be provided On-Site 4~7astewater Systems Adopted March 16, 2D1D Page 10 1 by a standard system, and that produces effluent 2 meeting all of the following parameters prior to 3 dispersal in the soil: 9 1. 30-day average Biochemical Oxygen Demand (BOD) 5 concentratian not to exceed 30 milligrams per 6 ~ liter (mg/L), or alternately, a Carbonaceous $ BOD (CBOD) in excess of 25 mg/L; s 2. 30-day average total suspended solids 1o concentration not to exceed 30 mg/L; 11 3. Total coliform level not to exceed levels as 12 specified in the On-Site Wastewater Manual 13 based on site characteristics; and 14 15 4. 30-day average total nitrogen concentration not 15 to exceed 10 mg/L as nitrogen (applicable only 17 when the wastewater system is located in an 18 area where the Central Valley Regional Water 19 Quality Control Board has identified nitrogen 20 as a water quality concern). 21 FF. "Technical Appeals Board" shall mean three members of 22 the Wastewater Advisory Committee comprised of the 23 committee Chair and a Civil Engineer and non-engineer 24 25 from the committee who are selected annually to sit an Qn-Site Wastewater Systems Adopted March x6, 2010 Page xl 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Technical Appeals Board by the Butte County Board of Supervisors. ~. GG. "Vertical Separation" sha11 mean the depth of~, effective soil that exists beneath the bottom of a' dispersal component of the wastewater system and a restrictive or limiting layer or feature including, but not limited to: 1. Permanent or seasonal water table; or 2. Consolidated soil with insufficient permeability or porosity to provide wastewater treatment; or 3. Fractured rock with excessive permeability to provide wastewater treatment; or 4. Soils outside the range of acceptable texture and percolation as shown in Table One, Section 19--10 of this Chapter. HH. "Wastewater" shall mean sewage that is designated as "blackwater" and/or "graywater." 1. "Blackwater" shall mean wastewater contaminated with human wastes, generally originating from toilets. It includes, but is not limited to, wastewater discharges from water closets, On-Sa.te Wastewater Systems Adopted Mazch ]. 6, 2010 Page 1.2 1 toilets, urinals or similar fixtures alone or 2 in combination with other wastewater. 3 2. "Graywater" shall mean wastewater, exclusive of 4 blackwater or industrial waste, deposited into 5 plumbing drain systems or exiting directly from 6 wastewater generating appliances. It includes, 7 $ but is not limited to, wastewater discharges ~ from kitchen sinks, washing machines, bathtubs, 10 showers, bathroom washbasins, and laundry tubs. 11 19-4. Applicability 12 This Chapter shall apply to on-site wastewater systems with 13 a design flow of less than 2,500 gallons per day as 14 follows. 15 15 A. Wastewater Systems Applied for After the Effective 17 Date of this Chapter, Excluding System Repair. 18 All provisions specified in this Chapter and in the 19 On-Site Wastewater Manual shall apply to on-site 20 wastewater systems applied for after the effective 21 date of this Chapter, excluding wastewater system 22 repairs, servicing the following types of development: 23 24 1. A single family residence; and/or 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 13 1 2. One or more multi-family units on a single 2 parcel with a combined wastewater flow of less 3 than two thousand five hundred (2,500} gallons 4 per day; and/or 5 3. One or more non_residential uses on a single 6 parcel with a combined flow of less than two 7 $ thousand five hundred X2,500) gallons per day. ~ B. Wastewater System Repairs 10 When wastewater systems fail, they shall be repaired 11 so as to be brought into compliance with the 12 provisions of this Chapter to the maximum extent 13 feasible. Repair of failing standard systems with, 14 upgraded wastewater systems incorporating supplemental 15 1s treatment shall not be required, except when specified ~~ in the On-Site Wastewater Manual or when the 18 Environmental Health Director has determined that 1g substantial evidence exists indicating that repair of 20 the system without upgrading to supplemental treatment 21 would result in an unacceptable public health or water 22 quality hazard including, but not limited to, 23 continued surfacing of sewage on the ground surface, ~~ backup of sewage into the residence, sewage discharge 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 1q 1 into surface water, or direct sewage discharge into 2 groundwater. 3 C. Wastewater Systems Constructed or Applied for Prior to 4 the Effective Date of this Chapter 5 5 The provisions of this Chapter and the On--Site ~ Wastewater Manual pertaining to on-site wastewater 8 system siting, design, and construction shall not ~, 9 I apply to wastewater systems that have been constructed', 10 or f'or which a complete, valid application has been 11 received by the ZEA prior to the effective date of 12 this Chapter. However, all other provisions of this 13 Chapter and the On-Site Wastewater Manual shall apply 14 to wastewater systems applied for prior to the 15 effective date of this Chapter, including but not 16 limited to those pertaining to operation, monitoring, 17 inspections, maintenance, repairs, abandonment and 1s destruction. 19 20 19-5. On--Site Wastewater Manual 21 A. The Butte County 0n-Site Wastewater Manual shall 22 govern the siting, design, installation, component 23 quality, operation, monitoring, and maintenance of on- 29 site wastewater systems in Butte County. Copies will 25 On-Si.te wastewater Systems Adopted March 16, 2D10 Page 15 1 2 3 9 5 6 7 s 9 10 11 12 13 14 15 16 1~ 18 19 20 21 22 23 24 25 be maintained and made available to the public at the LEA's main office. B. The Butte County On-Site Wastewater Manual shall be adopted by resolution of the Butte County Board of Supervisors (Board). The LEA, based on observed need or on recommendation by the Wastewater Advisory Committee, may propose modifications of the Manual. When changes are proposed to the On-Site Wastewater Manual, the changes shall be presented to the Board for adoption by an amending resolution. 19-6. Site Evaluation Requirements A. Unless waived by the LEA, a site evaluation shall be required on every existing or proposed lot or parcel prior to obtaining an on-site Wastewater System Construction Permit. 'the site evaluation shall be conducted as described in the On-Site Wastewater Manual. B. When required, the site evaluation shall be conducted by either the LEA or the applicant's certified designer in coordination with the LEA so that LEA personnel may be present for any facet of testing in the evaluation process. On-Site Wastewater Systems Adopted March 1f, 203.0 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 C. The site evaluation will examine factors affecting on-site wastewater system design including, but not limited to, ground slope, sail textural characteristics, effective soil depth, horizontal setbacks, and available area for one hundred percent system replacement. Percolation tests may be required under certain circumstances as outlined in the On-Site Wastewater Manual. D. Prior to completion of the site evaluation, the LEA may require groundwater monitoring during high rainfall .periods of the year as described in the On- Site Wastewater Manual prior to completion of the site evaluation. E. The LEA may require a new site evaluation ar other sails testing if it determines that prior sitel evaluation approvals were based on testing and/or reporting that was incomplete, insufficient, incompatible with known information about a given area, or far a site where subsequent excavation activities may have altered the suitability of the parcel for accommodating an on-site wastewater system. 19-7. On-Site Wastewater System Requirements A. Minimum Vertical Separation Requirements On-Site Wastewater Systems Adopted March lf, 201.0 Page 17 1 1. New Parcels: 2 An application for a subdivision or parcel map 3 shall not be approved after the effective date 9 of this Chapter unless the minimum vertical 5 separation requirements and other applicable standards specified in Section 19-10 of this 7 8 Chapter are met. 9 2. Existing Parcels: 10 a. Except as provided in Section 19-4, B. 11 (Wastewater System Repairs) and 12 Subsections A.3. and A.4. of this Section, 13 new wastewater systems shall not be 14 approved by the LEA for parcels created 15 prior to the effective date of this 16 1~ Chapter, unless the following minimum, 18 vertical separation can be met: 19 i. Standard systems shall be sited and 20 designed so as to have a minimum 21 vertical separation of 36 inches. 22 ii. Supplemental treatment systems shall 23 be sited and designed sa as to have a 24 minimum vertical separation of 18 25 inches with effluent dispersal using On-Site Wastewater Systems Adopted March 16, 2010 Page 18 1 pressurized distribution or 2 subsurface drip dispersal of treated 3 effluent. 4 b. Existing on-site wastewater systems 5 that require expansion or modification to 6 meet increased design flow shall be 7 s allowed such expansion without being 9 required to meet the vertical separation 1o requirements of this Chapter when the need 11. for system expansion is not the result of 12 a change in use and when the expansion 13 will not impair water quality as 14 determined by the LEA. 15 3. Existing Parcels: Special Consideration far 16 Enhanced Design Alternatives 17 1g New wastewater systems may be approved by the 1g LEA for parcels created prior to the effective 20 date of this Chapter provided one of the 21 following enhanced design alternatives is 22 utilized within the constraints and 23 specifications outlined in this Chapter and the 24 On-Site Wastewater Manual: 25 a. Engineered Fill On-Site Wastewater Systems Adopted March 16, 2010 Page 19 1 Engineered fill may be utilized, as 2 described in the On-Site Wastewater 3 Manual, where all the following sate conditions and_ system specifications are 5 met: 6 i. There shall be a minimum of 12 inches 7 of native effective soil after site $ y preparation and prior to placement of 10 fill; 11 ii. Wastewater -shall receive supplemental 12 treatment; and a sufficient depth of _13 engineered fill added to bring the' 14 vertical separation to a minimum of 24 x5 inches. 16 b. Disinfection 17 18 Disinfection using an approved add--on 19 disinfection component may be utilized, as 20 described in the On-Site Wastewater 21 Manual, where all the following site 22 conditions and system specifications are 23 met: 24 i. A minimum of 12 inches of vertical 25 separation sha11 be maintained; On-S1te Wastewater Systems Adopted March 16, 207.0 Page 20 1 2 3 9 5 6 7 s 9 10 11 12 13 14 15 16 17 1B 1J 20 21 22 23 24 25 ii. Wastewater shall receive supplemental treatment provided by either a. single-pass sand filter or an alternate type of supplementary treatment system. xf an alternative type of supplementary treatment system is used, the testing frequency for compliance with effluent quality limits shall be increased from quarterly to monthly for the first year of operation, or longer if needed to verify reliable treatment; iii. Dispersal shall utilize either pressure distribution or subsurface drip irrigation; and iv. An analysis shall be performed demonstrating that breakout of wastewater will not occur. 4. Existing Parcels: Special Consideration for Large Parcels When site conditions are such that a 36-inch vertical separation cannot be attained for parcels created prior to the effective date of On-Site Wastewater Systems Adopted March 16, 2fl10 Page 21 1 this Chapter, standard systems may be approved 2 by the LEA when the following criteria are met: 3 a. The parcel shall be at least 5 acres in 4 size; the provisions of this Section shall 5 apply to multiple parcels that were merged 6 after the effective date of this Chapter, 7 $ provided the total combined acreage is at g least 5 acres in size; 10 b. The area in which the dispersal component 11 of the wastewater system is located and 12 its designated repair area shall be shown 13 to have a minimum native effective soil 14 depth of 24 inches; 15 c• The dispersal component of the wastewater 16 1~ system shall be designed and constructed 18 to maintain a vertical separation of at 19 least 18 inches; 20 d. There shall be evidence of a restrictive 21 layer between the dispersal component of 22 the wastewater system and the first 23 useable aquifer. If the first usable 24 aquifer is known or estimated to be within 25 10 feet of ground surface, additional 0n-Site Wastewater Systems Adopted March 16, 2010 Page 22 1 2 3 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 26 21 22 23 29 25 evaluation shall be required to verify that there is at least three feet of unsaturated soil between the bottom of the dispersal system and the anticipated highest level of usable groundwater; e. The soil conditions at distances of 25 feet and 50 feet downslope of the dispersal field and its designated repair' area shall be demonstrated to meet the same soil suitability conditions as required for dispersal field; f. The wastewater system shall serve only a single family residence; g. A deed restriction shall be recorded to assure: (a) The parcel will not be subdivided in the future; and (b) The parcel shall not be further developed with a permanent secondary dwelling, until such time that the wastewater system is upgraded to meet the requirements of Subsection A.2. of this Section or until another method of wastewater disposal is 4n-Szte V~astewater Systems Adopted March 16, 2010 Page 23 1 ~ approved by the LEA, such as connection to 2 ~ a public sewer; 3 h. The dispersal component of the on-site 4 wastewater system and the designated 5 repair area sha11 be sited so as to 6 maximize separation from wells and surface 7 water with the design objective of s , 9 increasing said separation when feasible,' 10 by up to 100% of that which is specified 11 in the On-site Wastewater Manual. At a 12 minimum, an additional setback distance to 13 any well or surface water in the downslope 14 direction from the dispersal field shall 15 be 50 feet; 16 i. The increased setback area between wells 17 and surface water, and the dispersal 18 component of the on-site wastewater system 19 20 and the designated repair area shall be 21 verified through the site evaluation 22 process to not contain rock outcrops, cut 23 banks, or other soil or landscape features 2g that would allow surfacing of wastewater 25 effluent; Dn-5ite Wastewater Systems Adopted March 15, 2010 Page 24 1 ~. The dispersal component of the on-site 2 wastewater system and the designated 3 repair area shall be sited so as to 4 ma~zmize separation to property lines with 5 the design objective of increasing said 6 separation when feasible, by up to 100ft. 7 At a minimum, the setback distance to the 8 any property line in the downslope 9 direction from the dispersal field shall 1D be at least 50 feet; and 11 12 k. The dispersal component of the on-site; 13 wastewater system and the designated 14 repair area shall be sited so that the 15 minimum natural ground slope within and in 16 the area e~tendzng 50 feet downslope of 17 the dispersal field and its designated 18 repair area shall be 5 percent or greater. 19 The LEA may waive this requirement where 20 in can be demonstrated that there will be 21 adequate drainage away from the dispersal 22 field. 23 24 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 25 1 2 3 4 5 6 7 s 9 10 a1 12 13 14 15 16 17 18 19 20 21 22 23 29 25 B. Reserve Area for Wastewater System Replacement An area reserved -for wastewater system repair and replacement shall be set aside and maintained as described in the On-Site Wastewater Manual. C. Prohibitions 1. No person shall treat or dispose of wastewater in any manner other than by an approved on-site wastewater system, community wastewater system, public sewer system or other method meeting the standards set forth in this Chapter and the On- Site Wastewater Manual. 2. No on-site wastewater system shall be approved after the effective date of this Chapter that, is not sited and designed in Soil Group A, B, C, D, or E, as shown in Table One in Section 7.9-~.0 and with a percolation rate of 1 to 240 minutes per inch (mpi), when percolation testing is performed at the request of the applicant or designer, or required by the LEA. Soils that percolate at a rate of 1-5 mpi shall require pressure distribution and sha11 demonstrate adequate filtration capacity. On-Site Wastewater Systems Adopted March 16, 2010 Page 26 1 3. Designs for On-Site Wastewater Systems to be 2- installed in soils that percolate at a rate of 3 1-5 mpi shall demonstrate adequate filtration 4 capacity by consideration of design factors 5 identified in the On-Site Wastewater Manual for 6 rapidly drained soil. 7 $ 4. No person shall construct, operate or maintain 9 an on-site wastewater system or community 1o wastewater system that does not comply with the 11 applicable requirements specified in this 12 Chapter, the Construction Permit, the Operating 13 Permit, and the On-Site Wastewater Manual. 19 5. No person shall operate a failing on-site 15 wastewater system. i 16 ~' 37 6. No person shall connect any structure to an 1$ existing on-site wastewater system where the 19 total projected wastewater flow would be 20 greater than the design flow specified in the 21 original On-Site Wastewater System Construction 22 Permit or where, in the opinion of the LEA, the 23 connection of a new and/or replacement 29 structure to an existing wastewater system 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 27 1 would not meet the standards contained in this 2 Chapter or the On-Site Wastewater Manual. 3 7. No person, shall discharge anything other than 4 what is specifically described as Wastewater in 5 this Chapter, into- any on-site wastewater 6 system. 7 s 8. No person shall operate an on-site wastewater g system constructed after the effective date of a0 this Chapter without a final approval of its 11 Construction Permit by the LEA. 12 9. No person shall maintain or operate a 13 ~ ._ wastewater system for which the LEA has issued 14 an abandonment order. 15 16 7.0. Unless otherwise specified in the On-Site 17 Wastewater Manual, no person shall maintain or 18 operate a non-discharging wastewater system, 19 such as a holding tank, composting toilet, or 20 vault privy, except for non-residential and 21 non-commercial limited-use applications, such 22 as agricultural storage buildings and 23 primitive-type picnic grounds, campsites, and 24 recreation areas where on-site wastewater 25 systems are not feasible, as determined by the On--Site Wastewater Systems Adopted March 16, 2010 Page 28 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LEA. Portable toilets may be used, on~ a temporary basis, for community events and at construction sites. Said non-discharging wastewater systems shall meet the specifications for maintenance and operation in the On-Site Wastewater Manual. ©. Permitting 1. Construction Permit a. Except far a graywater system meeting the requirements of Chapter 16A of the 2007 California Plumbing Code as enacted and hereafter amended, the On-Site Wastewater Manual, and Subsection D.2. of this section, no person shall construct or replace an on-site wastewater system without first having applied for and been issued an On-Site Wastewater System Construction Permit. An application shall not be deemed complete unless it contains all the requirements specified in the On- Site Wastewater Manual. b. Permits that authorize construction of on-- sate wastewater systems shall remain valid on-bite Wastewater Systems Adopted March 16, 2010 Page 29 1 2 3 4 5 6 7 a 9 , 10 11 12 .. 13 14 15 16 17 18 19 20 21 22 23 24 25 far a period of two (2) years from the date initially issued... Renewal procedures shall be as set forth in the On-Site Wastewater Manual if additional time is required to complete construction. c. No person shall construct or replace an on-site wastewater system unless it complies with Butte County Code Chapter 50, Stormwater Management and Discharge Control. d. No person shall construct or replace an on-site wastewater system unless it complies with Butte County Code Chapter 13, Article, Grading. 2. LEA Notification and Plan Review Except for removal of solids from a septic tank by a certified pumper, no person shall service or replace an approved wastewater system's components without first notifying the LEA so that parcel files can be updated, trends in equipment reliability can be tracked, and so that the contractor can be advised of any technical updates or requirements relevant to On-Sate Wastewater Systems Adopted March 16, 2010 Page 30 1 service that will be provided. Services 2 requiring LEA notification, and plan- review ~ without the requirement for permitting include, 4 but are not limited to the following: 5 a. Replacement of mechanical or electrical 6 parts with parts of the same type, size, 7 and capacity for pump to gravity g ~ wastewater systems; 1o b. Minor repairs of septic tanks, such as 11 repair or replacement of baffles or, 12 sanitary "T"s, repair ar replacement of 13 distribution boxes; 14 c. Repair or replacement of sewer pipes 15 running from septic tanks to the 16 distribution boxes; and 1~ 18 d. Design and installation of graywater 19 systems meeting the requirements of 20 Chapter 16A of the 2007 California 21 Plumbing Code and the On-Site Wastewater 22 Manual. 23 3. Operating Permit 24 25 a. Any person using a pressure distribution or a supplemental treatment system, and On-Site Wastewater Systems Adopted March 16, 2D10 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 any person using a standard system within an Area of Environmental Concern shall obtain an Operating Permit. Said operating permit shall be renewed thereafter at the' frequency specified in the On-Site Wastewater Manual. An application shall be deemed complete when it is accompanied by a complete Operation, Monitoring, and Maintenance (OM&M) Report prepared by a Certified OM&M Specialist. b. A person selling a parcel in which there is an approved Operating Permit shall notify the LEA of the transfer. 4. Any requirement placed upon a permit for compliance with. the provisions of this Chapter and the On--Site Wastewater Manual shall be binding upon the property owner and successive property owners for the life of the system. 5. The LEA may deny any Construction or Operating Permit application that fails to comply with the requirements of this Chapter or the On-Site Wastewater Manual for a primary or replacement wastewater system. On-site Wastewater Systems Adopted March 16, 201D Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~~ 17 '' 18 19 20 21 22 23 24 25 E. .Abandonment/Destruction Any person abandoning/destroying an on-site wastewater system or system component shall obtain a permit and do sa in accordance with the procedures specified in the On-Site Wastewater Manual. F. Construction and Operating Permit Inspection The person on whose property the on-site wastewater system is located shall grant the LEA access to the' property for purposes of inspecting the wastewater system in accordance with the requirements of this Chapter, the On-Site Wastewater Manual, and with any conditions specified in the Construction Permit or Operating Permit, and, for those parcels utilizing pressure distribution or supplemental treatment, shall record a statement disclosing said requirements to future property owners. 19-8. Connection to Public Sewer System A. Other than where an exception is granted by the Environmental Health Director pursuant to Subsection B of this Section, connection to a public sewer system shall be required by the LEA whenever the sewer main is no more than two hundred fifty (250) feet from the On--Site Wastewater Systems Adopted March 16, 2010 Page 33 1 2 3 5 ~I 7 8 9 10 11 12 13 14 15 16 17 18 19 2p 21 22 23 24 25 existing or proposed dwelling and all of the following circumstances. apply: 1. Application ~has~been made for new development or a failing on--site wastewater system has been identified by the LEA; and 2. The public sewer system has adequate capacity for the connection; and 3. Connection to the public sewer is permitted by the sewer utility. B. Exceptions may be granted by the Environmental Health Director to Subsection A of this Section where the sewer main is not adjacent to the property line. Factors that may be considered prior to making a decision to grant or deny an exception include, but are not Limited to, the following: 1. Feasibility and cost of connection; and 2. Reasonable expectation for future expansion plans of the sewer utility; and 3. Willingness of the applicant to commit to connect to the public sewer in the future; and 4. Suitability of the parcel for siting an on-site wastewater system. On-Site Wastewater Systems Adopted Match 16, 2fl10 Page 34 1 19-9. Areas of Environmental Concern 2 A. The Butte County Boated of Supervisors (Board) may 3 establish Areas of Environmental Concern, after 4 considering factors affecting an-site wastewater 5 system placement and performance, including, but not 5 limited to: s 1. Area-wide soil and drainage characteristics; 9 2. Flooding and seasonal water table; ~o 3. Developmental density; 11 12 4. Special status species populations and/or z3 habitat; 14 5. Riparian habitat, wetlands, and oak 15 woodlands and proximity to surface water; 16 and 17 6. Habitat preserves identified in any adopted 1s Habitat Conservation Plan/Natural Community 19 20 Conservation Plan (HCP/NCCP). 21 g. Areas of Environmental Concern shall have clear 22 geographical boundaries and be established by 23 Resolution, only after a public hearing before the 24 Board. 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 35 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 C. The Board may establish additional requirements in Areas of Environmental Concern, including but not limited to: 1. Increased setback requirements; 2. Increased permitting requirements, such requiring operating permits for standard systems; and 3. Increased inspection requirements by Certified OM&M Specialists. 19-10. Minimum Requirements for Creation of All New Parcels and for Existing Parcels within a Watershed Protection Overlay Zone A. An applicant initiating a parcel or subdivision map' sha11 utilize a certified designer to perform the site evaluation. The soil suitability investigation shall be performed jointly by the certified designer and the LEA, using the site evaluation process as described in this Chapter and the On--Site Wastewater Manual. B. No parcel or subdivision map shall be recorded and no on-site wastewater system shall. be approved for existing parcels within a Watershed Protection Overlay Zone unless all proposed lots or parcels On-S~.te Wastewater Systems Adopted March 16, 2010 Page 36 1 which rely on an-site wastewater systems have an 2 approved site evaluation report that verifies, at a 3 minimum, the following site characteristics: 9 1. Vertical separation will be not less than 36 5 inches. The required depth of effective soil 6 for the creation of new parcels and for parcels 7 within Watershed Protection overlay Zones may B ~ be reduced by the LEA when all of the following 10 conditions are met: 11 a. Wastewater system designs are provided by 12 a certified designer demonstrating that a'. 13 supplemental treatment and dispersal 14 alternative meeting the provisions of this 15 Chapter and the On-Site Wastewater Manual 16 wi11 maintain a vertical separation of 24 17 inches and include the use of pressure 1s distribution or subsurface drip dispersal 19 ~ of the treated effluent; and 20 21 b. Primary and repair dispersal areas are 22 designated on the parcel map to assure 23 subsequent construction activities do not 24 take place that would adversely impact the 25 soil in those areas. On-Site Wastewater Systems Adopted March 16, 2010 Qage 37 ~ 2. -Slope is no greater than 304 2 3. Receiving soils are in Soil Groups A-E, as 3 identified in Table One, subsection C of this 4 section. 5 6 4. When percolation testing is required, ~ percolation rate is 1-120 minutes per inch 8 (mpi}. Percolation testing shall be required ~ by the LEA as shown in Table One in Subsection 10 C of this Section, and shall be conducted by a 11 certified designer and verified by the LEA. 12 Soils that percolate at a rate of 1-5 mpi shall 13 require pressure distribution and shall 19 demonstrate adequate filtration capacity. 15 Designs for an-site wastewater systems that 16 will be installed in soils that percolate at a 17 rate of 1-5 mpi shall demonstrate adequate 38 filtration capacity by consideration of design 19 factors identified in the On-Site Wastewater 20 21 Manual for rapidly drained soils. 22 C. Mini mum Useable Wastewater Area 23 1. No parcel or subdivision map shall be recorded, 29 and no on-site wastewater system shall be 25 approved for existing parcels within a On-Site Wastewater Systems Adopted March 16, 2010 Page 38 1 2 3 4 5 6 7 8 9 1a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Watershed Protection Overlay Zone, unless all parcels, which rely on wastewater systems, have an approved site evaluation, that specifies whether the parcel has the required minimum' useable wastewater area (MUWA) in accordance with the area requirements shown on Table One for each residence, or for each Residential Equivalent (360 gallons per day) in the case of non-residential development. Table One MUWA Requirements per Residence or Residential Equivalen t MUWA (Total Square USDA 5oi1 Rate of Feet for Primary Soil Texture Percolation and Re air Areas) p Group Classification (Minutes/inch) Gravity Pressure Distrib Distribu ution Lion Gravel, coarse Not Sui able far sand, fractured ~l Parcel Creation rock A~"~ Medium to coarse 1-5 Not 6 000 ' sand Allowed B3 Fine sand, loamy >5-15 9,000 6,000 sand Sandy loam, C loam, sandy clay >15-30 12,000 8,000 loam D Silt loam >30-60 15,000 1.0,000 Clay loam, silty E9 clay loam, sandy >60-120 Not 15,000 Allowed clay Clay, highly Not Suitable for compacted soil >l20 Parcel Creation Subject to percolation test in addition to using soi.1 texture determination. on-Site Wastewater Systems ladopted March 16, 2D10 Page 39 1 2 3 4 5 6 7 8 9 1Q ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 z Must demonstrate adequate filtration capacity s Subject to percolation test ,in adda.ti.on to soil textural determination if 35~ or more {by volume} coarse fragments {defined as > 2 mm size) a Clay shall be non-expansive. 2. Usable parcel area shall not include areas contained in the following: a. Wastewater system setbacks to buildings as specified in the On-Site Wastewater Manual. b. Easements dedicated or reserved for surface or underground improvements unless dedicated or reserved for sewage disposal purposes. c. Easements for access for roadway purposes. d. Areas within five {5) feet of the property line. e . Areas that are within minimum setbacks as specified in the On-Site Wastewater Manual. f. Paved areas. g. Areas with a slope in excess of thirty X30) percent. On-Site Wastewater Systems Adapted March 16, 201.0 Page 40 1 h. .Areas. where the percolation rate is slower 2 than one hundred twenty (120) mpi or ~ faster than one (1) mpi. 4 i. Areas that would provide less vertical 5 separation than specified in Subsection B 6 of this Section. 7 8 D. Minimum Parcel Size 9 Until such time that Butte County General Plan 2030 is 10 completed and the Butte County Zoning Code is amended, 11 as may be necessary to implement the General Plan, and 12 with the exception of development approved pursuant to 13 Butte County Code Section 24-210, Planned Unit 14 Development, no parcel or subdivision map shall be 1S recorded unless the minimum parcel size meets the 16 1~ requirements for each residence, or for each 1g Residential Equivalent (360 gallons per day) in the' lg case of non-residential development, as specified in 20 Table Two. For Planned Unit Development, the minimum 21 parcel sizes specified in Table Two shall be minimum 22 average parcel size. This requirement shall be 23 reevaluated when the General Plan and Zoning Code have 24 been updated as specified herein. 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 41 1 2 3 5 6 7 8 9 ~. 10 11 12 13 19 15 16 17 18 F. 19 20 21 22 G' 23 24 25 Table Two. Minimum Parcel Size Minimum Parcel Size per Residence or Effective Residential Equivalent {360 gpd) Soil Depth. Public Water Individual Well System More than 5 ft 0.5 acres 1.0 acres 4 ft - 5 ft ~..0 acres 3 ft - < 4 ft 2.0 acres 5.0 acres Less than 3 Not allowed unless consultant can show ft that 2 ft vertical separation can be maintained with supplemental treatment No parcel ar subdivision map shall be recorded where any parcel relies on an an-site wastewater system that cannot be sited within the boundaries of the proposed parcels, except where the LEA authorizes use of a Community Wastewater System, as approved by the Central Va11ey Regional Water Quality Control Board, meeting the provisions of this Chapter and the On-Site Wastewater Manual. No parcel or subdivision map shall be recorded where any parcel relies on a seepage pit for disposal of sewage. When a proposed parcel or subdivision map is located within a reasonable distance of an existing public sewer system and it is practicable and feasible for the proposed parcels to be connected to, and be served On-Site wastewater Systems Adopted March 16, 2010 Page 42 1 by, the same, the LEA may require that the parcel or 2 subdivision map be conditioned to connect to the 3 public sewer system. 4 H. Actions taken by the Planning Commission, based upon 5 recommendations made by the LEA, through the 6 discretionary land use permitting processes may be 7 appealed pursuant to the procedures set forth in Butte $ 9 County Cade Chapters 20 ar 24, as applicable. 10 I. This Chapter and/ar the On-Site Wastewater Manual are 11 intended to be consistent with and implement the Butte 12 County General Plan, any applicable Community Plan, orl 13 any other applicable plan of any agency having 19 jurisdiction. 15 19-11. Chico Urban Area Requirements 16 17 A. Septic Tank Density 16 1. Density - Unless approved in writing by the 19 Central Valley Regional Water Quality Control 20 Board {RWQCB), the maximum allowable density 21 within the Chico Urban Area shall be one 22 residence, or one Residential Equivalent {360 23 gallons per day) for non-residential 29 development, per acre. 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 93 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 2 2 '', 23 29 25 2. Regional Board Review - For projects of aver one thousand 0.,000.) g.all.ons.per day wastewater flow within the Chico Urban Area, septic tank permits and related entitlements shall not be issued or authorized until the project applicant has secured concurrence of RWQCB. B. Future Public Sewer Connection Infrastructure Within the Proposed Sewer Area as identified in they Chico Urban Area Nitrate Compliance Plan, septic tank development shall include the construction of sewer laterals to the property line for future sewer connection. Sewer laterals shall meet standards of the'' expected sewer service provider and, if the expected provider is not known, of the Butte County Improvement Standards adopted by Butte County Board of Supervisors Resolution pursuant to Butte County Code Chapter 20. C. Sewer Connection New development and/or substantial upgrades to existing development on parcels within the Chico Urban Area shall be connected to a public sewer in compliance with the provisions outlined in Section 19-- 8 of this Chapter. On-Site Wastewater Systems Adopted March 16, 2010 Fage 44 1 19-12. Wastewater Advisory Committee 2 A. The Wastewater Advisory Committee is hereby 3 established to consist of nine members appointed by 4 the Board of Supervisors, one from each of the 5 following categories: 6 ~ 1. Board of Realtors or Association of Realtors; $ 2. Building Industry Association; 9 3. On-Site Wastewater Operation and Maintenance 10 Specialist; 11 12 4. Engineer specializing in environmental 13 consultation; 14 5. Engineer specializing in on-site wastewater 15 consulting; 16 6. Septic tank pumper or septic tank manufacturer;'', 17 18 7. Registered Environmental Health Specialist 19 8. Wastewater component vendor or proprietor; and 20 9. Citizen-at-large 21 22 B. The Wastewater Advisory Committee shall advise the LEA 23 on matters pertaining to on-site wastewater systems, 24 inc luding but not limited to: 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 45 1 1. Development and maintenance of the On-Site 2 Wastewater Manual. 3 2. Application ofi new on-site collection, 9 treatment, conveyance,.- and dispersal 5 technology. 6 ~ 3. Development and oversight of a system for 8 assuring that on-site wastewater systems are 9 appropriately operated, maintained, and 1o monitored. 11 4. Future revisions to this Chapter and the On- 12 Site Wastewater Manual. 13 14 5. Policies, practices, and procedures to improve 15 protection of public health and delivery of 16 customer service pertaining to thee! 17 implementation of this Chapter and the On-Site 18 Wastewater Manual. 19 C. Members of the Wastewater Advisory Committee shall 2p meet at least once quarterly. 21 22 D. the LEA shall provide staff support for the Wastewater 23 Advisory Committee. 24 19-13. Local Certification of On-Site Wastewater Professionals 25 A. Certified Pumper Requirements On-Site Wastewater Systems Adopted March 16, 2010 Page 46 1 1. Tt shall be unlawful far any person to engage 2 in pumping any septic tank, seepage pit or 3 chemical toilet, ar removing other accumulations of sewage without first having 5 obtained a pumper's certificate from the LEA. A 6 current pumper certificate shall be deemed by 7 the LEA as compliance with the registration 8 requirements specified in the California Health 9 and Safety Code Sections 117405 - 117450. 10 11 2. Pumpers shall not pump any septic tank or 12 wastewater holding tank without completing a 13 Septage Pumper Report, at the time the service 14 is provided, using a reporting format 15 prescribed by the LEA. Septage Pumper Reports ' 16 ~ shall be submitted to the LEA at a frequency 17 not less than monthly. 18 3. Any person seeking a certificate shall file and 19 maintain a current mailing address with the LEA 20 21 and shall agree that correspondence and notices 22 may be sent to said addresses. 23 9. Requirements for initial pumper certification 24 and for recertification when the certification 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 47 1 has lapsed without renewal shall include the 2 following: 3 a. The pumper shall verify to the LEA that a disposal site approved by the LEA will be 5 used for deposition of septage or holding 6 tank wastes; and 7 e b. The pumper shall demonstrate to the LEA 9 that the vehicles used to pump and 1o transport septage meet the following 11 requirements: ~ 12 i. The pump tank shall hold a volume at 13 least equal to or exceeding the volume 19 of the tank being pumped, be in goad 15 repair, and be constructed in a manner 16 17 to facilitate cleaning; 18 ii. All outer contact surfaces and fittings 19 shall be kept in a clean a nd sanitary 20 condition while stored or in transit, 21 and all premises served an d equipment 22 used shall be left in a clean and 23 sanitary condition; 29 25 On-Site Wastewater Systems Adopted March 16, 2010 Page 9$ 1 iii. A11 discharge valves shall be in good i repair, free from leaks and fitted with ~' water--tight caps; and 4 iv. The name of the operating firm shall be 5 prominently displayed on the sides- of 6 any pump tank vehicle. 7 s 5. Requirements for pumper certificate renewal 9 shall include the following: 10 a. The pumper shall renew the certification 11 prior to the date of the certificate's 12 expiration; 13 1~ b. The pumper shall provide the LEA with an 15 opportunity to a.nspect pump vehicles and 16 demonstrate compliance with the 1~ requirements in this Section; and 1s c. The pumper shall verify to the LEA that a 19 disposal site approved by the LEA will be 20 used for deposition of septage or holding 21 tank wastes. 22 23 6. Pumper certificates shall remain valid for two 24 consecutive years and may be renewed. A 25 pumper's certificate shall not be transferable. On-Sate Wastewater Systems Adopted Match 16, 2010 Page 49 ~ B. Certified Installer Requirements, 2 1. It shall be unlawful for any person, firm or 3 corporation to engage in construction, 9 alteration, repair or modification of an on- 5 site wastewater system within Butte County 6 without first obtaining an installer's 7 $ certificate from the LEA, however nothing 9 contained herein shall .prohibit a resident lp owner frown installing an on-site wastewater 1.1 system or making. repairs or alterations to an ~2 on-site wastewater system on said resident ~~ owner's property when the conditions specified i ~9 in th~.s Chapter and the On-Site Wastewater' ~5 Manual are met. Z6 2. Any person seeking a certificate shall file and 17 maintain a current mailing address with the LEA 18 and shall agree that correspondence and notices 19 20 may be sent to said addresses. 21 3. Requirements for initial installer 22 certification and for recertification when the 23 certification has lapsed without renewal shall 29 include the following: 25 On-Site Wastewater Systems Adopted Mazch 16, 2010 Page 50 1 a. The installer shall successfully complete 2 a written and/or field examination of the 3 applicant`s knowledge of wastewater system 4 principles and the rules, regulations, 5 laws, and ordinances affecting the public 6 health and safety with respect to on-site 7 wastewater systems. Examination and/or U certification for wastewater system 9 installation by a third-party entity shall 10 be reviewed and may be determined by the 11 12 LEA to satisfy the requirement for 13 examination specified herein; 14 b. The installer sha11 provide verification 15 to the LEA of the applicant's current 16 status as a Class A (General Engineering 17 Contractor), Class B (General Building 18 Contractor}, Specialty C-42 (Sanitation 19 Service Contractor), or Specialty C-36 20 (Plumbing Contractor) licensed in 21 accordance with the provisions of the 22 California Business and Professions Code; 23 24 and 25 On--Site Wastewater Systems Adapted March 16, 2010 Page 51 ~ c. The installer shall provide verification 2 to the LEA of a minimum of one year 3 experience working with a certified installer, or some other experience that 5 can be demonstrated to the LEA as 6 providing knowledge and skills equivalent 7 to having worked with a certified 8 installer for a minimum of one year. 9 10 4. Requirements for installer certificate renewal 11 shall include the following: 12 a. The installer shall renew the 13 certification prior to the date of the 19 certificate's expiration; and 15 b. The installer shall demonstrate to the LEA' 16 17 a minimum annual attendance of four hours 18 of classes approved by the LEA dealing 19 with subject matter related to 20 application, design, and construction of 21 on-site wastewater systems. Eight hours 22 may be averaged over two consecutive 23 years, and may be demonstrated to the LEA 29 by certification of completion provided by 25 On-Site Wastewater Systems Adopted i~+3arch 16, 201.0 Page 52 1 2 3 4 5 6 7 8 9 10 11 12 ]. 3 14 15 16 17 18 19 20 21 22 2 3 '' 24 25 the instructor. or sponsor of said educational activity. - 5. Installer certificates shall remain valid for two consecutive years and may be renewed. An installer's certificate shall not be transferable. C. Certified Designer Requirements 1. Any work associated with design of a supplemental treatment on-site wastewater, ~, system within Butte County shall be performed'. by a designer certified by the LEA, except nothing contained herein sha11 prohibit a resident owner from designing a standard on- site wastewater system when the requirements of this Chapter and the On-Site Wastewater Manual are met. 2. Unless pre-empted by State law, statutes, or regulations, the following registered and/or licensed professionals shall be eligible to apply to the LEA for certification as designers: a. Professional engineer b. Professional geologist On-Site Wastewater Systems Adopted March 16, 2010 Page 53 1 2 3 5 6 7 a, 9' 10 1 ~. 12 13 ~~ 15 16 17 18 19 20 21 22 23 29 25 c. Nationally certified soil scientist d. Registered environmental health specialist 3. Unless such a requirement is pre-empted by State law, statutes, or regulations, and notwithstanding Subsection C.2. of this Section, other persons may be considered, on a case-by-case basis, for certification as designers when their knowledge and experience is determined by the LEA to provide an equivalent basis far certification and all other requirements of this section are met. Equivalency in knowledge and experience shall be determined by the LEA as follows: ~, a. Provisional Certification An applicant for certification as a designer that meets all the requirements of this section other than those requirements specified in Subsectian 2 of the Section, shall be provisionally certified by the LEA when evidence is provided showing a minimum of two years experience actively designing supplemental treatment wastewater systems under the On-Site Wastewater Systems Adopted March 16, 2010 Page 59 1 supervision of a certified designer or 2 professional engineer; 3 b. Ezell Certification 9 5 A provisionally certified designer that,, ~ meets all the requirements of this section' 7 other than those requirements specified in 8 Subsection 2 of the Section, shall be g fully certified by the LEA when five or 1o more supplemental treatment system designs 11 are submitted and the wastewater system 12 construction has been overseen by the 13 provisionally certified designer zn a 14 manner that demonstrates to the LEA 15 competency in the field of supplemental a6 treatment system design and wastewater 17 system construction oversight. 16 19 4. Any person seeking a certificate shall file and 20 maintain a current mailing address with the LEA 21 and sha11 agree that correspondence and notices 22 may be sent to said addresses. 23 5. Requirements for initial designer certification 24 and for recertification when the certification 25 On-Site Wastewater Systems Adapted March 15, 2010 Page 55 1 2 3 9 5 6 7 8 9 10 11 12 13 19 '' 15 16 17 18 20 21 22 23 29 25 has lapsed without renewal shall include the following: a. The designer shall successfully complete a written and/or field examination to assure knowledge of wastewater system principles and the rules, regulations, laws, and ordinances affecting the public health and safety with respect to on-site wastewater systems. Examination and/or certification of a wastewater system designer by a third--party entity shall be reviewed and may be determined by the LEA to satisfy the requirement for examination specified herein; b, The designer shall provide verification to the LEA of the applicant's current licensure and/or registration status as required in this Section; and c. The designer shall provide verification to the LEA of either. a minimum of one year experience working with a certified designer, or demonstration of attendance in training far on-site wastewater On-Site Wastewater Systems Adopted N~arch 16, 2010 Page 56 1 2 3 9 5 6 7 s 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 treatment design or operation, monitoring, and maintenance from the California ~n- Site Wastewater Association or the equivalent, or some other experience that can be demonstrated to the LEA as. providing knowledge and skills equivalent to having worked with a certified designer for a minimum of one yeax. 6. Requirements for designer certificate renewal shall include the following: a. The designer shall renew the certification prior to the date of the certificate's expiration; and b. The designer shall demonstrate to the LEA an ongoing minimum annual attendance of eight hours of classes dealing with subject matter related to application, design, and construction of on-site wastewater systems. Sixteen hours may be averaged over two consecutive years. Attendance may be demonstrated to the LEA by certification of completion provided by On-Sate Wastewater Systems Adopted Mazch 16, 2010 Page 57 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 1$ 19 20 21 22 23 24 25 the instructor or sponsor of said educational activity. 7. Designer certificates shall remain valid for two consecutive years and may be renewed. A designer's certificate shall not be transferable. D. Certified Operation, Monitoring, and Maintenance (OM&M} Specialist Requirements 1. Any operation, monitoring, and maintenance inspection required by the LEA shall be performed by a certified OM&M Specialist as specified in the On-Site Wastewater Manual. Copies of said standards shall be kept on file and made available to the public at the LEA's office. 2. Any person seeking a certificate shall file and maintain a current mailing address with the LEA and shall agree that correspondence and notices may be sent to said addresses. 3. Requirements for initial OM&M Specialist certification and for recertification when the certification has lapsed without renewal shall include the following: On-Site 4Jastewater Systems Adopted March 16, 2010 Page 58 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1a 19 I 20 21 22 23 24 25 a. 'the OM&M Specialist shall successfully complete a written examination and certification by a third-party, entity approved by the LEA or, in the event that a third-party entity is not available, successful passage of a written examination provided by the LEA, demonstrating the applicant's ~Cnawledge of wastewater system principles and the rules, regulations, laws, and ordinances affecting the public health and safety with respect to on-site wastewater systems; and b. `the OM&M Specialist shall provide verification to the LEA of a minimum of one year experience working with a certified OM&M Specialist, or working as a' certified designer, or some other experience that can be demonstrated to the LEA as providing knowledge and skills equivalent to having worked with a certified OM&M Specialist or as a certified Designer for a minimum of one year. On-Site Wastewater Systems Adopted March 16, 201D Page 59 1 2 3 4 5 6 7 8 9 ]. 0 11 12 13 14 15 16 1~ 18 19 20 21 22 23 24 25 4. Requirements for OM&M certificate renewal shall include the following: a. The OM&M Specialist shall renew the certification prior to the date of the certificate's expiration; b. The OM&M Specialist sha11 demonstrate to the LEA a minimum annual attendance of eight hours of classes dealing with subject matter related to application, design, construction, operation, monitoring, and/or maintenance of on-site wastewater systems provided by an approved third-party entity. Sixteen hours may be averaged over two consecutive years, and may be demonstrated to the LEA by certification of completion provided by the instructor or sponsor of said educational activity; and c. The OM&M Specialist shall present to the LEA manufacturer's training and certification as applicable to the scope of the OM&M Specialist's work. On-Site Wastewater Systems Adopted March 16, 2010 Page 60 1 z 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 5. OM&M Specialist certificates shall remain valid for two consecutive years and may be~renewed. An OM&M Specialist's certificate shall not be transferable. 19--14. Contractor Review and Oversight A. A Certificate Holder's certificate may be suspended by the LEA for a period not to exceed ninety (90) days for incompetency, negligence, misrepresentation, or for failure by the Certificate Holder to comply with any other requirement of this Chapter. The LEA shall serve the Certificate Holder with a Notice of Certificate Suspension by first class mail, postage-prepaid, including a copy of the Certificate of Mailing. The Notice shall state the reasons for which the certificate is subject to suspension and shall advise the Certificate Holder that the suspension wall become effective ten (10) days from the date of service, unless a written request for Administrative Review is filed with the LEA fallowing the procedure specified in Subsection E of this Section. B. A Certificate Holder's certificate may be revoked by LEA for a period of one year for serious or repeated On-Site Wastewater Systems Adopted March 16, 2010 Page 63. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 violations. of any of the requirements of this, Chapter. The LEA will serve the Certificate Holder'' with a Notice of Certificate Revocation by first class mail, postage-prepaid, including a copy of the Certificate of Mailing. The Notice shall state, in writing, the reasons for which the certificate is subject to revocation and shall advise the Certificate Holder that the revocation will become effective ten (~.0} days from the date of service, unless a written request for Administrative Review is filed with the LEA following the procedure specified in Subsection E of this Section. C. Any Certificate Holder whose certificate has been revoked may not reapply until one year has elapsed from the date of revocation and shall be required to take the written examination again before issuance of a new certificate. ©. Administrative Review 1. Any Certificate Holder whose certificate may be suspended or subject to revocation by the LEA may file a Request for Administrative Review. The Request must be in writing and filed with the LEA on or before the tenth (10th) day On-Site wastewater Systems Adopted March 16, 2010 Page 62 3 following service of the LEA's Notice of ~ ~ Suspension or Revocation. The Request must 3 state both the legal and factual bases in~ 4 support thereof, and must include at a minimum 5 the requested modification(s), if any, of the 6 Notice together with a summary of the issues, 7 facts and legal authorities to be raised at the 8 hearing. The time requirement for filing the 9 Request shall be deemed jurisdictional and mays, 1a not be waived. In the absence of a timely filed 33 32 Request that complies fully with the 13 requirements of this Section, the findings of 19 the LEA contained in the Notice sha11 be deemed 15 true and correct. 36 2. Upon timely receipt of a Request for 17 Administrative Review that complies with the 18 requirements of this Section, the LEA shall 39 refer the matter to an Administrative Hearing 2a Officer to conduct a hearing. The 21 Administrative Hearing Officer sha11 be 22 selected pursuant to the protocol set forth in 23 29 that document entitled the "Butte County 25 Administrative Hearing Officer Program" on file in the office of the Chief Administrative On-Site Wastewater Systems Adopted March 16, 2010 Page 63 ~ Officer of the County. Notice of the hearing 2 shall be sent by first class mail postage 3 prepaid to the Persons} filing the request. 4 The notice shall state the date, time and place 5 of the hearing (which in no event shall be 6 sooner than seven (7) days from the date of the 7 mailing, unless otherwise agreed to by the s requesting party and the LEA). 9 10 3. Any administrative hearing conducted under this 11 Section need not be conducted according to 12 technical rules relating to evidence and, 13 witnesses. Any relevant evidence shall be 14 admitted if it is the type of evidence on which 15 responsible persons are accustomed to rely in 16 the conduct of serious affairs, regardless of 17 the existence of any common law or statutory 18 rule that might make improper the admission of 19 the evidence over objection in civil actions. 20 The Hearing Officer has discretion to exclude 21 evidence if its probative value is 22 substantially outweighed by the probability 23 that its admission will necessitate undue ~~ 25 consumption of time. On-Site Wastewater Systems Adopted March 16, 2010 Page 69 1 4. The Administrative Hearing Officer shall issue 2 a written. decision that shall include findings 3 to support the decision. The written decision 4 is final upon the date it is mailed by first- s class mail, postage prepaid, including a copy 6 of the Certificate of Mailing to the 7 Certificate Holder. Written notice of the 8 decision shall be given by mail within seven 9 10 (~) calendar days after the date of the x1 decision to the person subject to the Notice 12 and any person filing a written request for 13 notice of the decision. 1~ 19-15. Appeal of Provisions of On-site Wastewater Manual 15 A. Environmental Health Director 16 1~ 1. An applicant may request in writing on forms 1g prov,ided by the LEA that the Environmental. ~,g Health Director review any staff decision made 20 as to any interpretation of this Chapter or to 21 any standard contained in the On-Site 22 Wastewater Manual. 23 2. The Environmental Health Director may interpret 24 provisions of this Chapter and of the On-site 25 Wastewater Manual. On-Site Wastewater Systems Adopted March 16, 2010 Page 65 1 3. The Environmental Health Director may approve alternative requirements to those contained in 3 the On-Site Wastewater Manual, provided said 4 alternatives are consistent with the purpose of 5 this Chapter and provide a level of protection 6 of public health and the environment that is at 7 least equivalent to that which would be s provided should the interpretation not be made 9 or the alternative requirements not approved. 10 11 B. Technical. Appeals Board 12 1. Any person dissatisfied with thel 13 interpzetatiohs or alternative requirements'. 14 specified by the Environmental Health Director 15 may, on forms provided by the LEA, appeal that 16 decision to the Technical Appeals Board. 17 18 2. The LEA, within 15 working days of the date lg that a completed appeal application is 20 received, shall schedule a hearing with the 21 Appeals Board. 22 3. The appeal hearing shall be de novo. Written 23 notice of the time and place of the hearing 29 shall be given at least ten (10) calendar days 25 prior to the date of the hearing to each On-Site Wastewater Systems Adopted larch 16, 2010 Page 56 1 2 3 4 5 6 7 8 9 10 11 12 a3 14 15 16 17 18 19 20 21 22 23 29 25 interested party, to the LEA whose determination is being appealed, and to~other interested persons who have requested. .in writing that they be so notified. 4. The Technical. Appeals Board, within 30 calendar days of the date of completion of the hearing, shall render a decision in writing. C. The LEA shall notify the Central Valley Regional Water Quality Control Board of Environmental Health Director interpretations and alternative requirements and of Technical Appeals Board determinations. 19-16. LEA Fees Any applicant for permits, services, or certification' pursuant to this Chapter shall pay fees to the LEA as set forth in the Butte County Master Fee Schedule, at the time of submission of application and in advance of the requested or required service. 19-17. Enforcement and Penalties A. All violations of this Chapter and the On-Site Wastewater Manual are determined to be unlawful and declared to be detrimental to the public health, safety and welfare, and are public nuisances. On-Site Wastewater Systems Adopted Match 16, 201p Page 67 1 B. All conditions which render any building, structure, 2 premises, land use or portion thereof to be used or 3 maintained in violation of this Chapter may be abated pursuant to provisions set out in Butte 5 County Code Chapter 32.A. if provisions for their 6 continuance made pursuant to this Chapter and the 7 On-Site Wastewater Manual are not satisfied. 8 9 C. A violation or failure to comply with any of the 10 requirements of this Chapter or the On-Site 11 Wastewater Manual shall be subject to enforcement 12 actions pursuant to Chapter 41 of this Code. 33 D. 'The LEA may condemn, according to law, any residence x4 or other establishment that is accumulating or ]. 5 disposing of wastewater in a manner contrary to the 16 requirements of this Chapter and the On-Site 17 Wastewater Manual. 18 lg E. In addition to the use of any other remedy, the LEA 20 may seek legal or equitable relief in Butte County 21 Superior Court to enjoin any act or practice and to 22 abate any conditions that constitute or wi11 23 constitute a violation of this Chapter or the On~- 24 Site Wastewater Manual. 25 On--Site Wastewater Systems Adapted March 16, 2010 Page 68 1 F. No person shall obstruct, impede or interfere with 2 the LEA or authorized representative of the .LEA in 3 the performance of code enforcement and nuisance 4 abatement duties pursuant to this Chapter and the 5 On-Site Wastewater Manual. 6 G. When it is necessary to make an inspection to 7 enforce the provisions of this Chapter or the On- s g Site Wastewater Manual, or when the LEA has 10 reasonable cause to believe that there exists in a 11 building or upon a site a condition which is 12 contrary to or in violation of the sections of this, 13 Chapter or the On-Site Wastewater Manual, the 14 official may enter the building or site at 15 reasonable times to inspect or to perform duties 16 imposed by this Chapter, provided that if such 1~ building or site is occupied at the time of 18 inspection, proper credentials shall be presented to 19 the occupant and entry shall be requested. If such 20 building or site is unoccupied, the LEA shall first 21 make a reasonable effort to locate the owner or 22 other person having charge or control of the 23 2~ building or site and shall request entry to the 25 building or site. If entry is refused, the LEA On-Site Wastewater Systems Adopted March 16, 2010 Page 69 t 1 2 3 9 5 6 7 8 9 1a 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 shall have recourse to the remedies provided by law to secure entry/access. Section 2. Severability. 1f any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held toy be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 3. Effective Date and Publication. This Ordinance shall take effect June 1, 2010. The Clerk of the Board of Supervisors is authorized and dixected to publish this ordinance before the expiration of fifteen {i5) 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 Chico Enterprise-Record, a newspaper of general circulation published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, an the 16th day of March, 2010, by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly On-Site Wastewater Systems Adopted March 16, 2010 Page 70 1 1 2 3 4 5 6 7 8 9 10 11.__ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOES: None ABSENT: None NOT VOTING: None ~•(~v`'' BILL CONNELLY, Chair of the Butte County Board of Supervisors ATTEST: SCOTT TANDY, Interim Chief Administrative Officer An By On-Site Wastewater Systems Adopted March 16, 2010 Page 71