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Ordinance No. 407£
AN ORDINANCE ADDING CHAPTER 19B,
ENTITLED "RECYCLED WATER (WASTEWATER) POND ORDINANCE,"
TO THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
follows:
SECTION 1. Chapter 19-B is added to the Butte County Code to
read as follows:
19B-1 Purpose.
The purpose of this Chapter is to:
(a) Protect and enhance public health through the
establishment of sound technical and regulatory
requirements governing the application of recycled water
ponds used solely for the purpose of holding recycled water
as described herein.
(b) Provide a safe alternative for the management of
recycled water for parcels where leachfields cannot
function on a year-round basis due to site constraints.
(c) Assure the ongoing and adequate operation, maintenance,
and monitoring of sewage systems utilizing recycled water
ponds.
(d) Promote the use of sustainable wastewater collection,
treatment, and dispersal systems that utilize recycled
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1 water.
2 19B-2 Definitions.
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Except where the context otherwise requires, the
following definitions shall govern the construction of this
Chapter. The definition of a word or phrase applies to any of
that word's or phrase's variants.
(a) "Disinfection," shall mean the process of destroying
pathogenic and other microorganisms in wastewater,
typically through application of chlorine compounds, ultra-
violet light, or ozone.
(b) "Freeboard," shall mean the vertical separation between
the elevation of the Recycled Water in the pond and the top
of the berm around the pond, at the berm's lowest
elevation, which is designed to prevent spillage and wave
erosion of pond berms.
(c) "Local Enforcement Agency (LEA)," "Local Enforcement
Agency (LEA)" shall mean the Environmental Health Division
of the County's Health Department, which is designated as
such by the Board of Supervisors pursuant to Public
Resources Code section 43202.
(d) "Person," shall mean any individual (including property
owner or authorized representative), corporation, club,
association, agency, firm, organization, partnership,
company, or any other entity which is recognized by law as
the subject of rights or duties. This term is not intended
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to include municipalities or Lake Oroville Area Public
Utility District, Thermalito Water and Sewer District, or
other public entity, one of whose purposes is the
collection, transport, and/or treatment of sewage.
(e) "Recycled Water" shall mean wastewater that meets the
treatment standards described in the California Code of
Regulations, Title 22, Chapter 3, Water Recycling Criteria
(Title 22), for Disinfected Secondary -2.2 Recycled Water,
Disinfected Secondary -23 Recycled Water, or Disinfected
Tertiary Recycled Water. For the purposes of this
Ordinance, Undisinfected Secondary Recycled Water, as
defined in Title 22, is not recycled water.
(f) "Recycled Water Pond," shall mean an engineered
containment structure or other vessel or receptacle used
for impoundment of recycled water.
(g) "Technical, Managerial, and Financial Competence
(TMF)," shall mean the program and criteria for verifying
the technical, managerial, and financial capacity of
recycled water pond operators, initiated by the 1996
federal Safe Drinking Water Act for managers of public
water systems and applied to recycled water pond
management.
(h) "Wastewater Pond," shall mean a contained body of
domestic sanitary wastewater, lined or unlined, for the
purpose of treatment, retention, disposal, or reuse of
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wastewater. This term shall include, but not be limited
to, Recycled Water Ponds. This term shall not include
agricultural, commercial, or industrial treatment ponds
regulated by the Central Valley Regional Water Quality
Control Board.
19B-3 Applicability.
This Chapter shall apply to all Wastewater Ponds, except
for the following:
(a) Ponds owned and operated as part of a sewage treatment
plant by municipalities that are lawfully permitted and
regulated by the Central Valley Regional Water Quality
Control Board;
(b) Existing ponds that are lawfully permitted and
regulated by the Central Valley Regional Water Quality
Control Board and contained in the List of Approved
Wastewater Ponds that is maintained and made available to
the public, upon request, by the Butte County Public Health
Department, Division of Environmental Health; and
(c) Ponds for agricultural, commercial, or industrial
wastewater that are regulated by the Central Valley
Regional Water Quality Control Board.
19B-4 Restriction by Type.
(a) No Person shall construct, operate, use, or maintain a
Wastewater Pond other than one that is exclusively used for
holding recycled water and has been approved under this
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(b) All Wastewater Ponds that have not been approved are
deemed to be a public nuisance and may be abated or brought
into compliance with this Chapter.
19B-5 Minimum Regulatory Permits and Reviews.
(a) No Person shall construct a Recycled Water Pond without
first obtaining Wastewater Discharge Requirements from the
Central Valley Regional Water Quality Control Board.
(b) No Person shall construct a Recycled Water Pond without
first obtaining a Use Permit. The permit shall be
processed as set forth in Chapter 24.
(c) No Person shall construct a Recycled Water Pond without
environmental review pursuant to the California
Environmental Quality Act.
(d) No Person shall construct, operate, use, or maintain a
Recycled Water Pond without a management plan approved by
the LEA and the Central Valley Regional Water Quality
Control Board. Said plan shall include, but not be limited
to, elements that address:
(1) Control of odors, vegetation, and vectors;
(2) Safety and control of public hazards;
(3) Pond level and overflow prevention;
(4) Contingency and emergency response for problems
that may occur, including but not limited to:
(i) Equipment malfunctions; and
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(ii) Failure of treatment or dispersal
components;
(5) Operation and maintenance manual, the contents of
which shall include at a minimum:
(i) The name, address, telephone number,
business and professional license of the Recycled
Water Pond designer;
(ii) The name, address, telephone number,
business and professional license, where
applicable, of the Recycled Water Pond installer;
and
(iii) The name, address, and telephone number of
the certified operator that maintains the
Recycled Water Pond;
(iv) The instructions for the proper operation
and maintenance and a protocol for an assessment
of performance of the Recycled Water Pond;
(v) The design flow and performance requirements
for the Recycled Water Pond;
(vi) A list of types of substances that could
inhibit performance if discharged to the Recycled
Water Pond;
(vii) A list of substances that could cause a
condition of pollution or nuisance if discharged
to the Recycled Water Pond, including but not
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limited to pharmaceutical drugs and water
softener regeneration brines; (viii) A copy of
the Central Valley Regional Water Quality Control
Board waste discharge requirements;
(ix) Monitoring and maintenance location,
methodology, and frequency;
(x) Wastewater constituents to be monitored,
including but not limited to:
(A) Total and fecal coliform;
(B) Total suspended solids; and
(C) Total nitrogen and nitrate;
(xi) A flow schematic; and
(xii) A Process instrumentation diagram.
(e) No Person shall construct, operate, use or maintain a
Recycled Water Pond without the applicant first having
verified Technical, Managerial, and Financial Competence to
the LEA, Butte County Department of Public Works, and the
Central Valley Regional Water Quality Control Board.
Requirements for TMF include, but are not limited to, the
following:
(1) Technical Capacity Requirements
Requirements shall include, but are not limited to,
the following:
(i) System description;
(ii) Recycled Water Pond capacity assessment;
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(iii) Assessment of alternative to connect to
another existing wastewater system;
(iv) Operation plan, certification of operator;
and
(v) Staff training plan.
(2) Management Capacity Requirements
Requirements shall include, but are not limited to,
the following:
(i) Identification of ownership;
(ii) Organizational chart;
(iii) Management plan; and
(iv) Customer service policies.
(3) Financial Capacity Requirements
Requirements shall include, but are not limited to,
the following:
(i) Acceptable budget projection;
(ii) Reserves for repair and replacement;
(iii)Capital improvement plan;
(iv) Budget control measures; and
(v) For a single -ownership commercial or
industrial use not managed by a public entity,
the posting of a bond accessible to the LEA,
pursuant to a form approved by County Counsel, in
an amount sufficient to pay for the replacement
of the Recycled Water Pond and cleanup of the
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site, as determined of the LEA.
(f) No Person shall construct a Recycled Water Pond except
under a construction permit approved by the LEA. A
construction permit shall be deemed complete when it
contains all plot plans, designs, and other components as
required in this Chapter, including but not limited to the
following:
(1) Vicinity sketch;
(2) Scaled layout drawing;
(3) Dimensional cross-section drawing;
(4) Approved quality assurance/quality control plan
for liner;
(5) Approved management entity;
(6) Operation and Maintenance Manual;
(7) Management Plan;
(8) Identification of certified operator;
(9) Verification of Technical, Managerial, and
Financial competence;
(10) Approved Use Permit;
(11) Approved California Environmental Quality Act
review;
(12) Grading Permit; and
(13) Waste Discharge Requirements issued by the
Central Valley Regional Water Quality Control Board.
(g) No Person shall construct a Recycled Water Pond
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without providing a Construction Quality Assurance Report
approved by the LEA.
(h) No Person shall operate or maintain a Recycled Water
Pond except under a renewable operating permit approved by
the LEA. The permit shall be renewed annually.
19B-6 Design Flow and Capacity.
(a) No Person shall construct a Recycled Water Pond and no
Recycled Water Pond shall be permitted under this Chapter
unless it complies with the following minimum design flow
criteria:
(1) Receives the flow from eight single family
residences or a minimum flow of 2,500 gallons per day
for residential development; or
(2) Receives more than 1,000 gallons per day for
commercial development.
(b) Design flows shall be approved by the LEA and the
Central Valley Regional Water Quality Control Board based
upon consideration of the type of proposed development.
(c) Determination of design capacity and pond sizing shall
be based on mass balance calculations that take into
consideration inflow and infiltration, incident
precipitation, run-on, evapotranspiration, and evaporation.
(d) Health or Safety Exception: Notwithstanding the
minimum daily flow requirements specified herein, the Butte
County Planning Commission may approve the construction and
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use of Recycled Water Ponds for smaller flows, subject to
the Use Permit process as set forth in Chapter 24, when the
following conditions are met:
(1) The existing system is determined by the LEA to
be unlawful, as defined in Chapter 19-4; and
(2) A municipality or district sewage system is not
reasonably available.
19B-7 Minimum Freeboard.
(a) No Person shall design, construct, operate, use, or
maintain an engineered containment structure for
impoundment of recycled water unless said Recycled Water
Pond is designed to maintain and unless said Person
maintains a Freeboard of not less than 2 feet as measured
from the lowest rim of the Recycled Water Pond.
(b) Freeboard calculations shall meet the following
parameters:
(1) Recycled Water Ponds shall be sized so as to
withstand a 100 -year rainfall return year followed by
a normal rainfall year without overflow; and
(2) Recycled Water Ponds, other than those that have
been permitted by Use Permits to remain full year-
round, shall be sized so as to be drained completely
prior to the subsequent rainfall year.
19B-8 Liner.
(a) No person shall design, construct, operate, use, or
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maintain an engineered containment structure for
impoundment of recycled water unless it has a liner,
approved by the LEA and the Central Valley Regional Water
Quality Control Board, that meets the following
requirements:
(1) The Recycled Water Pond shall have either a
synthetic or a clay liner meeting the following
criteria:
(i) Synthetic Liner Criteria:
(A) The liner shall be constructed of high
density polyethylene (HDPE);
(B) The liner shall have a minimum
thickness of 60 mil; and
(C) The liner shall be ultraviolet light
stabilized;
(ii) Clay Liner Criteria:
(A) The liner shall be constructed with a
thickness of 12 inches;
(B) The liner shall have a permeability not
to exceed 1 x 10-6 centimeters per second;
and
(C) The liner shall be designed and
maintained so as to remain full, subject to
the Freeboard requirement herein, throughout
the year;
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(2) The liner shall be installed over a foundation
layer designed and constructed in such a manner as to
provide a stable base;
(3) The liner shall be installed under the
supervision of a licensed professional geotechnical
engineer and certified by that professional that the
construction has been completed in substantial
conformance with the design; and
(4) The liner shall have an approved quality
assurance/quality control plan and a Construction
Quality Assurance Report.
(b) Additional containment may be required by the Central
Valley Regional Water Quality Control Board based on an
assessment of the quality of wastewater effluent and risk
to water quality.
19B-9 Minimum Setbacks.
No Person shall construct, operate, use, or maintain a
Recycled Water Pond unless the following setbacks are maintained
as measured from the toe of the pond:
(a) 100 ft to 10 -year floodplain (high water mark) or
floodway;
(b) 100 ft to individual or public water system well;
(c) 100 ft to lake or domestic water supply reservoir;
(d) 100 ft to perennial stream;
(e) 200 ft to perennial stream in watershed protection
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district;
(e) 50 ft to ephemeral stream; and
(f) 50 ft to property line (greater separation may be
required through Use Permit).
19B-10 Geographical Areas of Special Concern.
No Person shall construct, operate, use, or maintain a
Recycled Water Pond that lies within the 100 -year floodplain
unless the following conditions are met:
(a) Additional provisions shall be incorporated into the
design and approved by the LEA and the Central Valley
Regional Water Quality Control Board to protect the
Recycled Water Pond from washout;
(b) Verification shall be provided that the design and
construction of the Recycled Water Pond will not result in
the flood elevation at the property line being increased so
as to exceed Butte County Code Chapter 26, Article IV;
(c) The minimum top of the berm or other pond protections
shall be a minimum of 2 feet above the Base Flood
Elevation;
(d) Pond development on lands within the 100 -year
floodplain, as identified on the most current available
maps from FEMA, shall be allowed only if the applicant
demonstrates that it will not:
(1) Create danger to life and property due to
increased flood heights or velocities caused by
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excavation, fill, roads and intended use;
(2) Create difficult emergency vehicle access in
times of flood;
(3) Create a safety hazard due to the height,
velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site;
(4) Create excessive costs in providing governmental
services during and after flood conditions, including
maintenance and repair of public facilities;
(5) Interfere with the existing water conveyance
capacity of the floodway;
(6) Substantially increase erosion and/or
sedimentation;
(7) Require significant storage of material or any
substantial grading or substantial placement of fill
that is not approved by the County through a
development agreement, discretionary permit, or other
discretionary entitlement; a ministerial permit that
would result in the construction of a new residence;
or a tentative map or parcel map; and
(8) Conflict with the provisions of the applicable
requirements of Government Code sections 65865.5,
65962, or 66474.5; and
(e) The County shall make findings that it has imposed
conditions that will protect the property to the urban
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level of flood protection, as defined in Government Code
section 65007, in urban and urbanizing areas, or to the
national Federal Emergency Management Agency standard of
flood protection in non -urbanized areas.
119B-11 Fees.
Applicants shall pay fees to the LEA, in advance of
(requested or provided service, for construction permits,
renewable operating permits, and technical assistance in the
amount specified by Butte County Code Chapter 43.
19B-12 Enforcement and Penalties.
(a) All violations of this Chapter are determined to be
unlawful and declared to be detrimental to the public
health, safety and welfare, and are public nuisances.
(b) All conditions which render any Recycled Water Pond or
portion thereof to be used or maintained in violation of
this Chapter shall be abated pursuant to the Administrative
Enforcement provisions set forth below and/or Butte County
Code Chapter 32A if provisions for their continuance made
pursuant to this regulation are not satisfied.
(c) In addition to the use of any other remedy, the LEA
may seek legal or equitable relief in Butte County Superior
Court to enjoin any act or practice and to abate any
conditions that constitute or will constitute a violation
of this Chapter.
(d) No Person shall obstruct, impede or interfere with the
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LEA or any other designated Butte County employee,
contractor or other authorized representative in the
performance of code enforcement and/or nuisance abatement
duties pursuant to this Chapter.
19B-13 Administrative Enforcement Actions.
(a) Administrative Enforcement Actions
(1) Whenever the LEA becomes aware that any
act/omission constituting a violation of this Chapter
has occurred, the LEA may:
(i) Issue an administrative order finding that a
Person is responsible for a violation of this
Chapter and directing such responsible Person to
pay an administrative penalty in the applicable
amount set forth in subsection (c) of this
section; and/or
(ii) Issue an administrative order directing any
responsible Person to undertake partial or
comprehensive actions, so as to provide adequate
protection of the public health, safety, welfare,
the environment or natural resources, by abating
a nuisance resulting from a violation of this
Chapter; and/or
(iii) If, in the opinion of the LEA, the nuisance
constitutes an immediate threat to public health
or safety, summarily abate the nuisance; and/or
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(iv) Request that the District Attorney or County)
Counsel immediately seek relief as may be
necessary or appropriate from a court of
competent jurisdiction. Said court, upon finding
that there is, or that the conditions complained
of may present an endangerment to the safety,
health, welfare, the environment or natural
resources arising out of or resulting from such
nuisance, in whole or in part, shall grant relief
to abate the nuisance as is consistent with the
relevant requirements of this Chapter and the
public interest, to secure adequate protection of
the public health, safety, welfare, the
environment or natural resources.
(2) At his discretion, the LEA may both issue
administrative order(s) and request that the District
Attorney or County Counsel seek such relief as may be
necessary or appropriate from a court of competent
jurisdiction pursuant to this section.
(3) Any such administrative orders shall be served by
personal service, registered mail or certified mail
with return receipt requested addressed to the Person
subject to the order.
(4) The administrative order(s) issued by the LEA
pursuant to this section shall include a statement of
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the factual and legal grounds upon which the order is
issued, a schedule for completion of specific actions
ordered and specify the amount(s) of the
administrative penalties applicable, both for
violating this Chapter and for failure to comply with
specific actions ordered. Such order shall also
specifically advise the Person(s) to whom it is issued
of the right to contest the order and request a
hearing as provided for in subsection (b) of this
section. Such order shall also conspicuously advise
the Person(s) to whom it is directed that failure to
request the hearing within the time and in the manner
provided in subsection (b) of this section will result
in the order becoming final and binding.
(5) The administrative order issued by the LEA
pursuant to this section shall become final and
binding on the eighth (8th) day following service of
the LEA's order, unless the person who has been named
in the order files a timely objection which complies
in all respects with the requirements of subsection
(b) of this section.
(b) Review of Administrative Enforcement Orders
(1) Administrative Review. Any Person who has been
named in an order issued by the LEA pursuant to this
Chapter may file an objection to such an order. An
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objection must be in writing and filed with the LEA on
or before the seventh (7th) day following service of
the LEA's order. An objection must state both the
legal and factual bases in support thereof, and must
include at a minimum the requested modification(s), if
any, of the order together with a summary of the
issues, facts and legal authorities to be raised at
the hearing. The time requirement for filing an
objection shall be deemed jurisdictional and may not
be waived. In the absence of a timely filed objection
which complies fully with the requirements of this
section, the findings of the LEA contained in the
administrative order shall be deemed true and correct.
(2) Upon timely receipt of an objection which
complies with the requirements of this section, the
LEA shall refer the matter to a Hearing Officer to
conduct a hearing. The Hearing Officer shall be
selected pursuant to the protocol set forth in that
document entitled the "Butte County Administrative
Hearing Officer Program." The Program is based upon an
alphabetical rotation through attorneys currently
under contract through the Program. Notice of the
hearing shall be sent by first class mail postage
prepaid to the Person(s) filing the request. The
notice shall state the date, time and place of the
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hearing (which in no event shall be sooner than seven
(7) days from the date of the mailing, unless
otherwise agreed to by the responsible party and the
LEA).
(3) Any administrative hearing conducted under this
section need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of
evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rule
that might make improper the admission of the evidence
over objection in civil actions. The Hearing Officer
has discretion to exclude evidence if its probative
value is substantially outweighed by the probability
that its admission will necessitate undue consumption
of time.
(4) The Hearing Officer shall issue a written
decision which shall include findings to support the
decision. Written notice of the decision shall be
given by mail within seven (7) calendar days after the
date of the decision to the person subject to the
order and any person filing a written request for
notice of the decision.
(5) Judicial Review. Pursuant to section 1085 of the
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Code of Civil Procedure, any Person who has been named
in an order issued by the LEA pursuant to this Chapter
may, following exhaustion of administrative remedies,
seek judicial review of the order by filing a petition
for writ of mandate within ninety (90) days after the
order becomes final and binding pursuant to this
Chapter. Notwithstanding the provisions of sections
1094.5 or 1094.6 of the Code of Civil Procedure, any
Person who contests a final administrative order
issued under this Chapter regarding the imposition,
enforcement or collection of the administrative
penalties imposed, may seek judicial review of the
order by filing an appeal with the superior court
within twenty (20) days after service of the order in
accordance with section 53069.4 of the Government
Code. Any other person who has the right to seek
judicial review of the order by filing a petition for
writ of mandate pursuant to section 1085 of the Code
of Civil Procedure shall do so within one hundred
eighty (180) days after the order has become final and
binding pursuant to this Chapter. The filing of a
petition for writ of mandate to review the order shall
not stay any action specified in the order.
(c) Administrative Penalty for Violations
(1) Any Person who violates the provisions of this
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Chapter is liable to the County for administrative
penalties in the amount of up to one thousand dollars
($1,000.00), based upon the severity of the offense,
for each violation set forth in the administrative
order.
(2) If a second violation of this Chapter is caused
by a responsible Person whom has already been
determined to be liable of a violation of this Chapter
within one (1) year of the date of the first
violation, the administrative penalty shall be up to
two thousand dollars ($2,000.00), based upon the
severity of the offense.
(3) If a third or subsequent violation of this
Chapter is caused by the same responsible Person whom
has already been determined to be liable of a
violation of this Chapter within one (1) year of the
date of the first violation, the administrative
penalty shall be up to five thousand dollars
($5,000.00), based upon the severity of the offense.
(4) Liability under this Chapter may be imposed in a
civil action or liability may be imposed
administratively pursuant to this section. Any such
civil action may be joined with an action for any
other remedy, including injunctive relief, available
pursuant to State law or pursuant to this code.
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Nothing in this section in any way limits, conditions,
or affects liability of any responsible party to the
County for administrative failure to abate penalties,
abatement action costs or for any other legal or
equitable remedy.
(5) Neither the imposition nor the payment of an
administrative penalty for violating this Chapter
shall relieve the responsible Person from his or her
obligation to abate any public nuisance resulting from
the violation, nor shall it bar further enforcement
action by the LEA or the District Attorney. Nothing in
this section shall affect or modify in any way the
obligations or liabilities of any person under any
other provision of State, federal or local law,
including common law, for damages, injury, loss or for
liability for nuisance abatement and nuisance
abatement costs incurred by the County which results
from a nuisance in the County.
(d) Administrative Penalty for Failure to Abate
(1) In addition to the costs of administrative
enforcement set forth in this Chapter, if a
responsible Person fails to abate a public nuisance
resulting from a first-time violation, in violation of
any final order issued pursuant to this Chapter,
within three (3) days after the notice and order is
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served under subsection (b) of this section, the
administrative penalty established by the order shall
become effective. The administrative penalty shall be
based on the severity of the offense, but shall not
exceed one thousand dollars ($1,000.00).
(2) The administrative penalty, or any portion
thereof, for failure to abate a public nuisance
resulting from a first-time violation which has become
effective following the three (3) day corrective
period may be waived by the Public Official in his
sole discretion only if the responsible Person
corrects the violation in accordance with all
conditions established by the Public Official.
(3) If a second violation of this Chapter is caused
by the same responsible Person within one (1) year of
the first violation, and the same responsible party
fails to abate a public nuisance resulting from the
second violation within three (3) days, the
administrative penalty shall be up to two thousand
dollars ($2,000.00), based upon the severity of the
offense.
(4) If a third or subsequent violation of this code
is caused by the same responsible Person within one
(1) year of the first violation, and the same
responsible party fails to abate a public nuisance
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resulting from the third violation within three (3)
days, the administrative penalty shall be up to five
thousand dollars ($5,000.00), based upon the severity
of the offense.
(5) Neither the imposition nor the payment of an
administrative penalty for violating this Chapter in
subsection (c) of this section nor the payment of an
administrative penalty for failure to abate a nuisance
pursuant to this subsection shall relieve the
responsible Person from his or her obligation to abate',
any public nuisance resulting from the violation, nor
shall it bar further enforcement action by the LEA or
the District Attorney.
(6) Nothing in subsection (c) of this section nor
this subsection shall affect or modify in any way the
obligations or liabilities of any person under any
other provision of State, federal or local law,
including common law, for damages, injury, loss or for
liability for nuisance abatement and nuisance
abatement costs incurred by the County which results
from a nuisance in the County.
119B-14 Liability.
(a) In any enforcement action brought pursuant to this
Chapter, whether by administrative proceedings, judicial
proceedings or summary abatement, the person who creates or
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has created the nuisance, either directly or indirectly,
shall be liable for all costs set forth in Chapter 3,
Article XVI (beginning with section 3-150) of this code
incurred by the county, including, but not limited to,
administrative costs and any and all cost incurred to
undertake, or to cause or compel any responsible party to
undertake any abatement action in compliance with the
requirements of this Chapter, whether those costs are
incurred prior to, during or following enactment of this
Chapter.
(b) In any action by the county to abate a nuisance under
this Chapter, whether by administrative proceedings,
judicial proceedings or summary abatement, the prevailing
party shall be entitled to a recovery of the reasonable
attorneys' fees incurred. Recovery of attorneys' fees under
this section shall be limited to those actions or
proceedings in which the county elects, at the initiation
of that action or proceeding, to seek recovery of its own
attorneys' fees. In no action, administrative proceeding or
special proceeding shall an award of attorneys' fees to a
prevailing party exceed the amount of reasonable attorneys'
fees incurred by the County in the action or proceeding.
(c) Unless otherwise expressly indicated, the standard of
liability imposed by this Chapter is strict liability,
without regard to any element of mensrea, fault, negligence
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or other wrongdoing.
(d) The scope of liability in this Chapter is joint and
several for any Person who has caused, created or
contributed to a violation and/or a nuisance as defined in
this Chapter, is joint and several. Any Person seeking to
apportion the harm must demonstrate by clear and convincing
evidence that the component of harm which is sought to be
apportioned is scientifically and technologically
susceptible to apportionment, that there is a reasonable
and practicable basis for apportioning the harm, and that
the separate abatement activity proposed for that harm is a
practicable, safe, efficient, reliable and cost-effective
in providing the degree of protection of the public health,
safety, welfare and the environment as the abatement
activity or activities, if any, proposed by the LEA or the
District Attorney.
19B-15 Non -Exclusive Remedy.
This Chapter is cumulative to all other remedies now or
hereafter available to regulate Recycled Water Ponds. This
Chapter is not intended to be utilized as the exclusive
enforcement mechanism to address unlawfully constructed,
maintained, used or operated Wastewater Ponds. This Chapter is
intended to supplement and to be utilized in addition to other
regulatory, enforcement and abatement codes, criminal and other
statutes and ordinances heretofore or hereafter enacted by the
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County, the State or any other legal entity or agency having
jurisdiction.
Section 2. Severability.
If any provision of this Ordinance or the application
thereof to any person or circumstances is for any reason held to
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 thirty (30) days after th
date of its passage. The Clerk of the Board of Supervisors i
authorized and directed to publish this ordinance before th
expiration of fifteen (15) days after its passage. Thi
Ordinance shall be published once, with the names of the member
of the Board of Supervisors voting for and against it, in th
Enterprise Record, a newspaper of general circulation publishe
in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County
Butte, State of California, on the 22"d day of April, 2014,
the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST:
Paul Hahn
Chief Admini
and Clerk of
01
ative Officer
G�
Doug Teeter, Chair of the
Butte County Board of Supervisors
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