HomeMy WebLinkAbout4113 1 Ordinance No. 4113
2
3 An Ordinance Amending Chapter 19,
4 Entitled "On-Site Wastewater Systems, "
5 Of the Butte County Code
6
7 The Board of Supervisors of the County of Butte ordains as follows :
8 Section 1 . Section 19-3 is hereby amended to read as follows:
9 19-3 Definitions
10 The following words and terms, when used in this Chapter,
11 have the following meanings, unless the context clearly indicates
12 otherwise. Terms expressed in the singular shall be construed to
13 incorporate the plural, and vice versa, unless the context
14 otherwise requires .
15 A. "Applicant" shall mean a property owner or the property
16 owner' s Authorized Representative .
17 B. "Areas of Environmental Concern" shall mean geographical
18 areas designated by Resolution of the Board of Supervisors
19 where additional protective measures are appropriate.
20 C. "Authorized Representative" shall mean a person or persons
21 authorized by the property owner to act on the property
22 owner' s behalf on matters pertaining to application for
23 permits and services .
24 D. "Certified Designer" shall mean a person authorized by the
25 Local Enforcement Agency (LEA) to design pressure
26 distribution and supplemental treatment wastewater systems
27 meeting the requirements for certification as specified in
1
1 this Chapter.
2 E. "Certified Installer" shall mean a person authorized b
3 the LEA to install on-site wastewater systems meeting the
4 requirements for certification as specified in this Chapter.
5 F. "Certified Pumper" shall mean a person authorized by the
6 LEA to pump and perform minor repair of septic tanks and pump
7 chambers meeting the requirements for certification as
8 specified in this Chapter.
9 G. "Certified Operation, Monitoring, and Maintenance (OM&M)
10 Specialist" shall mean a person authorized by the LEA t•
11 perform operation, monitoring, and maintenance inspections
12 and routine maintenance, meeting the requirements fo
13 certification as specified in this Chapter.
14 H. "Chico Urban Area" shall mean the area shown by Appendi
15 P of the Nitrate Compliance Plan and identified as Count
16 Service Area 114 (Greater Chico Urban Area) .
17 1 . "Septic Tank Area" shall mean the area within the
18 Chico Urban Area not shown on Figures 1-3a and 1-3b of
19 the Chico Urban Area Environmental Impact Report as a
20 area to be sewered.
21 2 . "Planned Sewered Area" shall mean the area within the
22 Chico Urban Area shown on Figures 1-3a and 1-3b of the
23 Chico Urban Area Environmental Impact Report as an area
24 to be sewered.
25 I . "Chico Urban Area Environmental Impact Report" shall
26 mean the environmental impact report adopted by the Board of
27 Supervisors on September 11, 2001 titled "Environmental
2
1 Impact Report Chico Urban Area Nitrate Compliance Plan. "
2 J. "Chico Urban Area Nitrate Compliance Plan" shall mean
3 the plan adopted by the Butte County Board of Supervisors o
4 September 25, 2001 titled "Chico Urban Area Nitrate
5 Compliance Plan. "
6 K. "Commercial Project" shall mean any project other than
7 those defined as residential . For the purposes of this
8 Chapter, the definition of a commercial project shall not
9 include agricultural storage buildings and primitive-type
10 picnic grounds, campsites, and recreation areas .
11 L. "Community Wastewater System" shall mean an on-site
12 wastewater system serving two (2) or more residences,
13 parcels, or commercial sources by any method, which meets
14 State and local minimum standards, excepting a system servin•
15 a primary and secondary dwelling sharing facilities on the
16 same lot or parcel .
17 M. "Disinfection" shall mean the process of destroyin•
18 pathogenic and other microorganisms in wastewater as
19 specified in the On-Site Wastewater Manual.
20 N. "Drain field" shall mean the component of the on-site
21 wastewater system designed to disperse wastewater beneath the
22 surface of the soil .
23 0. "Effective Soil" shall mean permeable, unsaturated soil
24 providing sufficient aeration and retention for treatment o
25 wastewater effluent .
26 P. "Environmental Health Director" shall mean the Director of
27 the Environmental Health Division of the Butte County Public
3
1 Health Department .
2 Q. "Failing Wastewater System" shall mean any on-site
3 wastewater system that :
4 1 . Discharges untreated wastewater directly into the
5 ground in a subsurface pit or perforated vessel (cess
6 pools) ; or
7 2 . Discharges untreated or inadequately treate.
8 wastewater or septic tank effluent directly or
9 indirectly onto the ground surface, into a dwelling, o
10 into surface or groundwater; or
11 3 . Is not operated in compliance with permit
12 requirements for operation, monitoring and maintenance
13 as specified in this Chapter and the On-Site Wastewater
14 Manual; or
15 4 . Has been retrofitted with unapproved components o
16 been modified from the original approved design; or
17 5 . Does not meet effluent quality standards as specifie.
18 in the approved wastewater system design.
19 R. "Industrial Waste" shall mean any liquid, gaseous,
20 radioactive, or solid waste substance, or a combinatio
21 thereof, resulting from any process of industry,
22 manufacturing, trade, or business, or from the development or
23 recovery of any natural resources.
24 S. "Land Use Project" shall mean any entitlement process,
25 initiated through the Butte County Department of Development
26 Services, including, but not limited to, tentative maps,
27 parcel maps, use permits, certificates of compliance, and lot
4
1 line adjustments . The requirements in this Chapter apply onl
2 to conditions regulated by the LEA. Other County departments
3 have separate processes and requirements .
4 T. "Local Enforcement Agency (LEA) " shall mean the
5 Environmental Health Division of the Butte County Public
6 Health Department, which is designated as such by the Boar.
7 of Supervisors pursuant to Public Resources Code Sectio
8 43202 .
9 U. "Minimum Useable Wastewater Area (MUWA) " shall mean the
10 amount of useable ground surface, expressed in square feet,
11 that is required when creating new lots or parcels in the
12 tentative or parcel map process . The amount of land area is
13 based on the percolation rate and the type of leach fiel.
14 distribution method.
15 V. "On-Site Wastewater Manual" shall mean the document
16 containing implementing standards and requirements of this
17 Chapter, including specific detail on acceptable on-site
18 wastewater treatment and dispersal systems and processes,
19 developed by the LEA and the Wastewater Advisory Committee
20 and adopted by resolution of the Board of Supervisors .
21 W. "On-Site Wastewater System" shall mean any system of
22 piping, treatment devices or other facilities that convey,
23 store, treat, or dispose of wastewater which is not connecte.
24 to a public sewer system.
25 X. "Operating Permit" shall mean that administrative document
26 issued by the LEA authorizing the initial and/or continue.
27 use of an on-site wastewater system, as specified in the On-
5
1 Site Wastewater Manual.
2 Y. "Operation, Monitoring, and Maintenance (OM&M) " shall mea
3 regular inspection, monitoring, and service provided to on-
4 site wastewater systems as delineated in the On-Site
5 Wastewater Manual to insure their long-term viability.
6
Z . "Owner" shall mean any person who alone, or jointly, or
7
severally with others :
8
1 . Has legal title to any single lot, dwelling, dwellin.
9
unit, or commercial facility, or an easement sufficient
10
to allow installation and maintenance of a wastewate
11
12 system; or
13 2 . Has care, charge, or control of any real property as
14 applicant, executor, executrix, administrator, trustee
15 or guardian of the estate of the holder of legal title.
16 AA. "Person" shall mean any owner or authorize.
17 representative, corporation, association, firm,
18 organization, partnership, or company.
19 BB. "Pressure Distribution" shall mean dispersal of
20 wastewater system utilizing pressurized small diameter
21 distribution lines for equal distribution of effluent .
22 CC. "Public Sewer System" shall mean any sewer syste
23 constructed, installed, maintained, operated and owned by o
24 for a municipality or public entity established for
25 wastewater treatment and discharge.
26 DD. "Site Evaluation" shall mean the process for determining
27 whether a parcel' s site conditions meet the minimu
6
1 requirements of this Chapter and the On-Site Wastewater
2 Manual.
3 EE. "Standard Gravity System" shall mean an on-site
4 wastewater system comprised of a two (2) compartment septi
5 tank for primary treatment and dispersal in gravel or gravel
6 less chamber trenches. Effluent will flow to the trenches b
7 gravity, or may be pumped to the first distribution box of
8 the trenches .
9 FF. "Supplemental Treatment System" shall mean any on-site
10 wastewater system or system component providing enhance.
11 treatment, over that which would be provided by a standar.
12 gravity system, and that produces effluent meeting all of the
13 following parameters prior to dispersal in the soil :
14 1 . Thirty (30) day average Biochemical Oxygen Deman.
15 (BOD) concentration not to exceed thirty (30) milligrams
16 per liter (mg/L) , or alternately, a Carbonaceous BOD
17 (CBOD) in excess of twenty-five (25) mg/L;
18 2 . Thirty (30) day average total suspended solids
19 concentration not to exceed thirty (30) mg/L;
20 3 . Total coliform level not to exceed levels as
21 specified in the On-Site Wastewater Manual based on
22 site characteristics; and
23 4 . Thirty (30) day average total nitrogen concentration
24 not to exceed ten (10) mg/L as nitrogen (applicable onl
25 when the wastewater system is located in an area where
26 the Central Valley Regional Water Quality Control Boar.
27 has identified nitrogen as a water quality concern) .
7
1 GG. "Technical Appeals Board" shall mean three members of the
2 Wastewater Advisory Committee comprised of the committee
3 Chair and a Civil Engineer and non-engineer from the committee
4 who are selected annually to sit on the Technical Appeals
5 Board by the Butte County Board of Supervisors .
6 HH. "Vertical Separation" shall mean the depth of effective
7 soil that exists beneath the bottom of a dispersal component
8 of the wastewater system and a restrictive or limiting layer
9 or feature including, but not limited to:
10 1 . Permanent or seasonal water table; or
11 2 . Consolidated soil with insufficient permeability or
12 porosity to provide wastewater treatment; or
13 3 . Fractured rock with excessive permeability to provide
14 wastewater treatment; or
15 4 . Soils outside the range of acceptable texture an.
16 percolation as shown in Table One, Section 19-10 of this
17 Chapter.
18 II . "Wastewater" shall mean sewage that is designated as
19 "black water" and/or "graywater. "
20 1 . "Blackwater" shall mean wastewater contaminated with
21 human wastes, generally originating from toilets . It
22 includes, but is not limited to, wastewater discharges
23 from water closets, toilets, urinals or similar fixtures
24 alone or in combination with other wastewater.
25 2 . "Graywater" shall mean untreated wastewater that has
26 not been contaminated by any toilet discharge, has not
27 been affected by infectious, contaminated, or unhealth
8
1 bodily wastes, and does not present a threat fro
2 contamination by unhealthful processing, manufacturing,
3 or operating wastes . The term includes wastewater fro
4 bathtubs, showers, bathroom washbasins, clothes washin.
5 machines, and laundry tubs, but does not include
6 wastewater from kitchen sinks or dishwashers .
7 Section 2 . Section 19-4 is hereby amended to read as follows :
8 19-4 Applicability
9 This Chapter shall apply to on-site wastewater systems wit
10 a design flow of less than ten thousand (10, 000) gallons per da
11 as follows .
12 A. Wastewater Systems Applied for After the Effective Date of
13 this Chapter, Excluding System Repair.
14 All provisions specified in this Chapter and in the On-Site
15 Wastewater Manual shall apply to on-site wastewater systems
16 applied for after the effective date of this Chapter,
17 excluding wastewater system repairs, servicing the following
18 types of development:
19 1 . One or more single family or multi-family units
20 sharing the same drain field with a wastewater flow o
21 less than ten thousand (10, 000) gallons per day; and/or
22 2 . One or more non-residential uses sharing the same
23 drain field with a flow of less than ten thousand'
24 (10, 000) gallons per day.
25 B. Wastewater System Repairs .
26 When wastewater systems fail, they shall be repaired so as to
27 be brought into compliance with the provisions of this Chapter
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1 to the maximum extent feasible . Repair of failing standar.
2 gravity systems with upgraded wastewater systems
3 incorporating supplemental treatment shall not be required,
4 except when specified in the On-Site Wastewater Manual or
5 when the Environmental Health Director has determined that
6 substantial evidence exists indicating that repair of the
7 system without upgrading to supplemental treatment woul.
8 result in an unacceptable public health or water qualit
9 hazard including, but not limited to, continued surfacing of
10 sewage on the ground surface, backup of sewage into the
11 residence, sewage discharge into surface water, or direct
12 sewage discharge into groundwater.
13 C. Wastewater Systems Constructed or Applied for Prior to the
14 Effective Date of this Chapter.
15 The provisions of this Chapter and the On-Site Wastewater
16 Manual pertaining to on-site wastewater system siting,
17 design, and construction shall not apply to wastewate
18 systems that have been constructed or for which a complete,
19 valid application has been received by the LEA prior to the
20 effective date of this Chapter. However, all other provisions
21 of this Chapter and the On-Site Wastewater Manual shall appl
22 to wastewater systems applied for prior to the effective date
23 of this Chapter, including but not limited to those pertaining
24 to operation, monitoring, inspections, maintenance, repairs,
25 abandonment and destruction.
26 Section 3 . Section 19-7 is hereby amended to read as follows:
27 19-7 On-Site Wastewater System Requirements
10
1 A. Minimum Vertical Separation Requirements
2 1 . New Parcels :
3 An application for a subdivision or parcel map shall not
4 be approved after the effective date of this Chapter
5 unless the minimum vertical separation requirements an.
6 other applicable standards specified in Section 19-10 of
7 this Chapter are met .
8 2 . Existing Parcels :
9 a. Except as provided in Section 19-4, B.
10 (Wastewater System Repairs) and Subsections A. 3 .
11 and A. 4 . of this Section, new wastewater systems
12 shall not be approved by the LEA for parcels create.
13 prior to the effective date of this Chapter, unless
14 the following minimum vertical separation can be
15 met :
16 i . Standard gravity systems shall be sited an.
17 designed so as to have a minimum vertical
18 separation of thirty-six (36) inches .
19 ii . Supplemental treatment systems shall be
20 sited and designed so as to have a minimu
21 vertical separation of twenty-four (24) inches
22 to groundwater and eighteen (18) inches to
23 other restrictive or limiting layers indicate.
24 in the definition for vertical separation in
25 the Chapter.
26 b. Existing on-site wastewater systems that
27 require expansion or modification to meet increase.
11
1 design flow shall be allowed such expansion without
2 being required to meet the vertical separatio
3 requirements of this Chapter when the need fo
4 system expansion is not the result of a change i
5 use and when the expansion will not impair water
6 quality as determined by the LEA.
7 3 . Existing Parcels: Special Consideration for Enhance•
8 Design Alternatives :
9 New wastewater systems may be approved by the LEA for
10 parcels created prior to the effective date of this
11 Chapter provided one of the following enhanced design
12 alternatives is utilized within the constraints an•
13 specifications outlined in this Chapter and the On-Site
14 Wastewater Manual:
15 a. Engineered Fill
16 Engineered fill may be utilized, as described in
17 the On-Site Wastewater Manual, where all the
18 following site conditions and system specifications
19 are met :
20 i . There shall be a minimum of twelve (12)
21 inches of native effective soil after site
22 preparation and prior to placement of fill;
23 ii. Wastewater shall receive supplemental
24 treatment; and a sufficient depth of
25 engineered fill added to bring the vertical
26 separation to a minimum of twenty-four (24 )
27 inches .
12
1 b. Disinfection
2 Disinfection using an approved add-on disinfectio
3 component may be utilized, as described in the On-
4 Site Wastewater Manual, where all the following
5 site conditions and system specifications are met :
6 i. A minimum of twenty-four (24) inches o
7 vertical separation to groundwater shall be
8 maintained;
9 ii . A minimum of twelve (12) inches of
10 vertical separation shall be maintained to
11 other restrictive or limiting layers indicate•
12 in the definition of vertical separation o
13 this Chapter;
14 iii. Wastewater shall receive supplemental
15 treatment provided by either a single-pass
16 sand filter or an alternate type of
17 supplementary treatment system. If a
18 alternative type of supplementary treatment
19 system is used, the testing frequency for
20 compliance with effluent quality limits shall
21 be increased from quarterly to monthly for the
22 first year of operation, or longer if neede.
23 to verify reliable treatment;
24 iv. Dispersal shall utilize either pressure
25 distribution or subsurface drip irrigation;
26 and
27 v. An analysis shall be performe.
13
1 demonstrating that breakout of wastewater will
2 not occur.
3 4 . Existing Parcels : Special Consideration for Large
4 Parcels :
5 When site conditions are such that a thirty-six (36)
6 inch vertical separation cannot be attained for parcels
7 created prior to the effective date of this Chapter,
8 standard gravity systems may be approved by the LEA whe
9 the following criteria are met :
10 a. The parcel shall be at least five (5) acres i
11 size; the provisions of this Section shall apply to
12 multiple parcels that were merged after the
13 effective date of this Chapter, provided the total
14 combined acreage is at least five (5) acres in size;
15 b. The area in which the dispersal component of the
16 wastewater system is located and its designate•
17 repair area shall be shown to have a minimum native
18 effective soil depth of twenty-four (24) inches;
19 c. The dispersal component of the wastewater syste
20 shall be designed and constructed to maintain a
21 vertical separation of at least twenty-four (24)
22 inches to water table and at least eighteen (18)
23 inches to other restrictive or limiting layers
24 indicated in the definition of vertical separation
25 of this Chapter;
26 d. There shall be evidence of a restrictive laye
27 between the dispersal component of the wastewater
14
1 system and the first useable aquifer. If the first
2 usable aquifer is known or estimated to be withi
3 ten (10) feet of ground surface, additional
4 evaluation shall be required to verify that there
5 is at least three (3) feet of unsaturated soil
6 between the bottom of the dispersal system and the
7 anticipated highest level of usable groundwater;
8 e. The soil conditions at distances of twenty-five
9 (25) feet and fifty (50) feet downslope of the
10 dispersal field and its designated repair area
11 shall be demonstrated to meet the same soil
12 suitability conditions as required for the
13 dispersal field;
14 f. The wastewater system shall serve only a single
15 family residence;
16 g. A deed restriction shall be recorded to assure:
17 (a) The parcel will not be subdivided in the future;
18 and (b) The parcel shall not be further develope.
19 with a permanent secondary dwelling, until such
20 time that the wastewater system is upgraded to meet
21 the requirements of Subsection A. 2 . of this Section
22 or until another method of wastewater disposal is
23 approved by the LEA, such as connection to a public
24 sewer;
25 h. The dispersal component of the on-site
26 wastewater system and the designated repair area
27 shall be sited so as to maximize separation fro
15
1 wells and surface water with the design objective
2 of increasing said separation when feasible, by u.
3 to one hundred percent (100%) of that which is
4 specified in the On-Site Wastewater Manual . At a
5 minimum, an additional setback distance to any well
6 or surface water in the downslope direction fro
7 the dispersal field shall be fifty (50) feet;
8 i . The increased setback area between wells an.
9 surface water, and the dispersal component of the
10 on-site wastewater system and the designated repair
11 area shall be verified through the site evaluatio
12 process to not contain rock outcrops, cut banks, or
13 other soil or landscape features that would allo
14 surfacing of wastewater effluent;
15 j . The dispersal component of the on-site
16 wastewater system and the designated repair area
17 shall be sited so as to maximize separation to
18 property lines with the design objective of
19 increasing said separation when feasible, by up to
20 one hundred (100) feet. At a minimum, the setbac .
21 distance to any property line in the downslope
22 direction from the dispersal field shall be at
23 least fifty (50) feet; and
24 k. The dispersal component of the on-site
25 wastewater system and the designated repair area
26 shall be sited so that the minimum natural groun.
27 slope within and in the area extending fifty (50)
16
1 feet downslope of the dispersal field and its
2 designated repair area shall be five percent (5%)
3 or greater. The LEA may waive this requirement
4 where it can be demonstrated that there will be
5 adequate drainage away from the dispersal field.
6 B. Reserve Area for Wastewater System Replacement
7 An area reserved for wastewater system repair and replacement
8 shall be set aside and maintained as described in the On-Site
9 Wastewater Manual .
10 C. Prohibitions
11 1 . No person shall treat or dispose of wastewater in an
12 manner other than by an approved on-site wastewate
13 system, community wastewater system, public sewer syste
14 or other method meeting the standards set forth in this
15 Chapter and the On-Site Wastewater Manual .
16 2 . No on-site wastewater system shall be approved after
17 the effective date of this Chapter that is not sited an•
18 designed in Soil Group A, B, C, D, or E, as shown in
19 Table One in Section 19-10 and with a percolation rate
20 of one (1) to two hundred forty (240) minutes per inc
21 (mpi) , when percolation testing is performed at the
22 request of the applicant or designer, or required by the
23 LEA. Soils that percolate at a rate of one (1) to five
24 (5) mpi shall require pressure distribution and shall
25 demonstrate adequate filtration capacity.
26 3 . Designs for on-site wastewater systems to be
27 installed in soils that percolate at a rate of one (1)
17
1 to five (5) mpi shall demonstrate adequate filtration
2 capacity by consideration of design factors identifies
3 in the On-Site Wastewater Manual for rapidly draine•
4 soil .
5 4 . No person shall construct, operate or maintain an on-
6 site wastewater system or community wastewater syste
7 that does not comply with the applicable requirements
8 specified in this Chapter, the Construction Permit, the
9 Operating Permit, and the On-Site Wastewater Manual.
10 5 . No person shall operate a failing on-site wastewater
11 system.
12 6. No person shall connect any structure to an existing
13 on-site wastewater system where the total projecte•
14 wastewater flow would be greater than the design flo
15 specified in the original Construction Permit or where,
16 in the opinion of the LEA, the connection of a new and/or
17 replacement structure to an existing wastewater syste
18 would not meet the standards contained in this Chapte
19 or the On-Site Wastewater Manual.
20 7 . No person shall discharge anything other than what is
21 specifically described as wastewater in this Chapter
22 into any on-site wastewater system.
23 8 . No person shall operate an on-site wastewater syste
24 constructed after the effective date of this Chapter
25 without a final approval of its Construction Permit b
26 the LEA.
27 9 . No person shall maintain or operate a wastewater
18
1 system for which the LEA has issued an abandonment order.
2 10 . Unless otherwise specified in the On-Site Wastewate
3 Manual, no person shall maintain or operate a non-
4 discharging wastewater system, such as a holding tank,
5 composting toilet, or vault privy, except for non-
6 residential and non-commercial limited-use
7 applications, such as agricultural storage buildings an.
8 primitive-type picnic grounds, campsites, and recreatio
9 areas where on-site wastewater systems are not feasible,
10 as determined by the LEA. Portable toilets may be used,
11 on a temporary basis, for community events and at
12 construction sites . Said non-discharging wastewater
13 systems shall meet the specifications for maintenance
14 and operation in the On-Site Wastewater Manual .
15 D. Permitting
16 1 . Construction Permit
17 a. Except for a graywater system meeting the
18 requirements of the California Plumbing Code, the
19 On-Site Wastewater Manual, and Subsection D. 2 . of
20 this section, no person shall construct or replace
21 an on-site wastewater system without first Navin.
22 applied for and been issued a Construction Permit .
23 An application shall not be deemed complete unless
24 it contains all the requirements specified in the
25 On-Site Wastewater Manual.
26 b. No Construction Permit shall be issued for a
27 Community Wastewater System unless the operation,
19
1 repair, and replacement of said system will be
2 provided by a County Service Area as specified i
3 Butte County Board of Supervisors Resolution No.
4 13-080 .
5 c. Permits that authorize construction of on-site
6 wastewater systems shall remain valid for a perio•
7 of two (2) years from the date initially issued.
8 Renewal procedures shall be as set forth in the On-
9 Site Wastewater Manual if additional time is
10 required to complete construction.
11 d. No person shall construct or replace an on-site
12 wastewater system unless it complies with Butte
13 County Code Chapter 50, Storm water Management an•
14 Discharge Control.
15 e. No person shall construct or replace an on-site
16 wastewater system unless it complies with Butte
17 County Code Chapter 13, Article I, Grading.
18 2 . LEA Notification and Plan Review
19 Except for removal of solids from a septic tank by a
20 certified pumper, no person shall service or replace a
21 approved wastewater system' s components without first
22 notifying the LEA so that parcel files can be updated,
23 trends in equipment reliability can be tracked, and so
24 that the contractor can be advised of any technical
25 updates or requirements relevant to service that will be
26 provided. Services requiring LEA notification and pla
27 review without the requirement for permitting include,
20
1 but are not limited to the following:
2 a. Replacement of mechanical or electrical parts
3 with parts of the same type, size, and capacity for
4 pump to gravity wastewater systems;
5 b. Minor repairs of septic tanks, such as repair o
6 replacement of baffles or sanitary "T"s, repair or
7 replacement of distribution boxes;
8 c. Repair or replacement of sewer pipes runnin.
9 from septic tanks to the distribution boxes; and
10 d. Design and installation of graywater systems
11 identified as Clothes Washer Systems and Simple
12 Systems in the California Plumbing Code and meeting
13 the requirements therein.
14 3 . Operating Permit
15 a. Any person using a pressure distribution or a
16 supplemental treatment system, any person using a
17 standard gravity system within an Area of
18 Environmental Concern, and any person operating a
19 wastewater system whose design flow exceeds two
20 thousand five hundred (2, 500) gallons per day shall
21 obtain an Operating Permit. Said operating permit
22 shall be renewed thereafter at the frequenc
23 specified in the On-Site Wastewater Manual. A
24 application shall be deemed complete when it is
25 accompanied by a complete Operation, Monitoring,
26 and Maintenance (OM&M) Report prepared by a
27 Certified OM&M Specialist .
21
1 b. A person selling a parcel in which there is a
2 approved Operating Permit shall notify the LEA of
3 the transfer.
4 4 . Any requirement placed upon a permit for compliance
5 with the provisions of this Chapter and the On-Site
6 Wastewater Manual shall be binding upon the propert
7 owner and successive property owners for the life of the
8 system.
9 5 . The LEA may deny any Construction or Operating Permit
10 application that fails to comply with the requirements
11 of this Chapter or the On-Site Wastewater Manual for a
12 primary or replacement wastewater system.
13 E. Abandonment/Destruction
14 Any person abandoning/destroying an on-site wastewater syste1
15 or system component shall obtain a permit and do so in
16 accordance with the procedures specified in the On-Site
17 Wastewater Manual .
18 F. Construction and Operating Permit Inspection
19 The person on whose property the on-site wastewater system is
20 located shall grant the LEA access to the property fo
21 purposes of inspecting the wastewater system in accordance
22 with the requirements of this Chapter, the On-Site Wastewate
23 Manual, and with any conditions specified in the Constructio
24 Permit or Operating Permit, and, for those parcels utilizin.
25 pressure distribution or supplemental treatment, shall recor•
26 a statement disclosing said requirements to future propert
27 owners .
22
1 Section 4 . Section 19-9 is hereby amended to read as follows:
2 19-9 Areas of Environmental Concern
3 A. The Butte County Board of Supervisors (Board) ma
4 establish Areas of Environmental Concern, after considering
5 factors affecting on-site wastewater system placement an.
6 performance, including, but not limited to:
7 1 . Area-wide soil and drainage characteristics;
8 2 . Flooding and seasonal water table;
9 3 . Commercial or residential density;
10 4 . Special status species populations and/or habitat;
11 5 . Riparian habitat, wetlands, and oak woodlands an.
12 proximity to surface water; and
13 6. Habitat preserves identified in any adopted Habitat
14 Conservation Plan/Natural Community Conservation Pla
15 (HCP/NCCP) .
16 B. Areas of Environmental Concern shall have clear
17 geographical boundaries and be established by Resolution,
18 only after a public hearing before the Board.
19 C. The Board may establish additional requirements in Areas
20 of Environmental Concern, including but not limited to:
21 1 . Increased setback requirements;
22 2 . Increased permitting requirements, such as
23 requiring operating permits for standard gravit
24 systems; and
25 3 . Increased inspection requirements by Certified OM& 1
26 Specialists .
27 Section 5 . Section 19-11 is hereby amended to read as follows :
23
1 19-11 Chico Urban Area Requirements
2 A. Septic Tank Density
3 1 . Density - Unless approved in writing by the Central
4 Valley Regional Water Quality Control Board (RWQCB) , the
5 maximum allowable density within the Chico Urban Area
6 shall be one residence, or one Residential Equivalent
7 (three hundred sixty (360) gallons per day) for non-
8 residential development, per acre as derived fro
9 Chapter 3, Scope and Results of Technical Program - Chico
10 Urban Area Nitrate Compliance Program.
11 2 . Regional Board Review - For projects of over one
12 thousand (1, 000) gallons per day wastewater flow within
13 the Chico Urban Area, septic tank permits and relate.
14 entitlements shall not be issued or authorized until the
15 project applicant has secured concurrence of RWQCB.
16 B. Future Public Sewer Connection Infrastructure
17 Within the Proposed Sewer Area as identified in the Chico
18 Urban Area Nitrate Compliance Plan, septic tank development
19 shall include the construction of sewer laterals to the
20 property line for future sewer connection. Sewer laterals
21 shall meet standards of the expected sewer service provider
22 and, if the expected provider is not known, of the Butte
23 County Improvement Standards adopted by Butte County Board of
24 Supervisors Resolution pursuant to Butte County Code Chapter
25 20 .
26 C. Sewer Connection
27 New development and/or substantial upgrades to existing
24
1 development on parcels within the Chico Urban Area shall be
2 connected to a public sewer in compliance with the provisions
3 outlined in Section 19-8 of this Chapter.
4 Section 6. Section 19-12 is hereby amended to read as follows:
5 19-12 Wastewater Advisory Committee
6 A. The Wastewater Advisory Committee is hereby established to
7 consist of ten (10) members appointed by the Board of
8 Supervisors, one (1) from each of the following categories :
9 1 . Board of Realtors or Association of Realtors;
10 2 . Building Industry Association;
11 3 . Certified On-Site Wastewater Operation an.
12 Maintenance Specialist;
13 4 . Engineer specializing in environmental consultation;
14 5. Engineer specializing in on-site wastewater
15 consulting;
16 6. Certified septic tank pumper or septic tan
17 manufacturer;
18 7 . Certified installer;
19 8 . Registered Environmental Health Specialist;
20 9. Wastewater component vendor or proprietor; and
21 10 . Citizen-at-large .
22 B. The Wastewater Advisory Committee shall advise the LE'
23 on matters pertaining to on-site wastewater systems,
24 including but not limited to:
25 1. Development and maintenance of the On-Site Wastewater
26 Manual;
27 2 . Application of new on-site collection, treatment,
25
1 conveyance, and dispersal technology;
2 3 . Development and oversight of a system for assurin.
3 that on-site wastewater systems are appropriatel
4 operated, maintained, and monitored;
5 4 . Future revisions to this Chapter and the On-Site
6 Wastewater Manual; and
7 5 . Policies, practices, and procedures to improve
8 protection of public health and delivery of customer
9 service pertaining to the implementation of this Chapter
10 and the On-Site Wastewater Manual .
11 C. Members of the Wastewater Advisory Committee shall meet
12 at least once quarterly.
13 D. The LEA shall provide staff support for the Wastewater
14 Advisory Committee .
15 Section 7 . Section 19-13 is hereby amended to read as follows :
16 19-13 Local Certification of On-Site Wastewater Professionals
17 A. Certified Pumper Requirements
18 1 . It shall be unlawful for any person to engage in
19 pumping any septic tank, seepage pit or chemical toilet,
20 or removing other accumulations of sewage without first
21 having obtained a pumper ' s certificate from the LEA.
22 current pumper certificate shall be deemed by the LEA as
23 compliance with the registration requirements specifies
24 in the California Health and Safety Code Sections 117405
25 - 117450 .
26 2 . Pumpers shall not pump any septic tank or wastewater
27 holding tank without completing a Septage Pumper Report,
26
1 at the time the service is provided, using a reporting
2 format prescribed by the LEA. Septage Pumper Reports
3 shall be submitted to the LEA at a frequency not less
4 than monthly.
5 3 . Any person seeking a certificate shall file an•
6 maintain a current mailing address with the LEA and shall
7 agree that correspondence and notices may be sent to sa
8 addresses .
9 4 . Requirements for initial pumper certification and fo
10 recertification when the certification has lapse•
11 without renewal shall include the following:
12 a. The pumper shall verify to the LEA that a disposal
13 site approved by the LEA will be used for deposition
14 of septage or holding tank wastes; and
15 b. The pumper shall demonstrate to the LEA that the
16 vehicles used to pump and transport septage meet
17 the following requirements :
18 i . The pump tank shall hold a volume at least
19 equal to or exceeding the volume of the tan
20 being pumped, be in good repair, and be
21 constructed in a manner to facilitate
22 cleaning;
23 ii . All outer contact surfaces and fittings
24 shall be kept in a clean and sanitar
25 condition while stored or in transit, and all
26 premises served and equipment used shall be
27 left in a clean and sanitary condition;
27
1 iii . All discharge valves shall be in goo•
2 repair, free from leaks and fitted with water-
3 tight caps; and
4 iv. The name of the operating firm shall be
5 prominently displayed on the sides of any pump
6 tank vehicle.
7 5 . Requirements for pumper certificate renewal shall
8 include the following:
9 a. The pumper shall renew the certification prior
10 to the date of the certificate' s expiration;
11 b. The pumper shall provide the LEA with an
12 opportunity to inspect pump vehicles an•
13 demonstrate compliance with the requirements in
14 this Section; and
15 c. The pumper shall verify to the LEA that a
16 disposal site approved by the LEA will be used for
17 deposition of septage or holding tank wastes .
18 6. Pumper certificates shall remain valid for two (2)
19 consecutive years and may be renewed. A pumper' s
20 certificate shall not be transferable .
21 B. Certified Installer Requirements
22 1 . It shall be unlawful for any person, firm o
23 corporation to engage in construction, alteration,
24 repair or modification of an on-site wastewater syste
25 within Butte County without first obtaining an
26 installer ' s certificate from the LEA, however nothin•
27 contained herein shall prohibit a resident owner fro
28
1 installing an on-site wastewater system or making)
2 repairs or alterations to an on-site wastewater syste
3 on said resident owner' s property when the conditions
4 specified in this Chapter and the On-Site Wastewate
5 Manual are met .
6 2 . Any person seeking a certificate shall file an.
7 maintain a current mailing address with the LEA and shall
8 agree that correspondence and notices may be sent to sa
9 addresses .
10 3 . Requirements for initial installer certification an.
11 for recertification when the certification has lapse.
12 without renewal shall include the following:
13 a. The installer shall successfully complete a
14 written and/or field examination of the applicant' s
15 knowledge of wastewater system principles and the
16 rules, regulations, laws, and ordinances affecting
17 the public health and safety with respect to on-
18 site wastewater systems . Examination and/or
19 certification for wastewater system installation b
20 a third-party entity shall be reviewed and may be
21 determined by the LEA to satisfy the requirement
22 for examination specified herein;
23 b. The installer shall provide verification to the
24 LEA of the applicant' s current status as a Class
25 (General Engineering Contractor) , Class B (General
26 Building Contractor) , Specialty C-42 (Sanitation
27 Service Contractor) , or Specialty C-36 (Plumbing)
29
1 Contractor) licensed in accordance with the
2 provisions of the California Business an.
3 Professions Code; and
4 c. The installer shall provide verification to the
5 LEA of a minimum of one (1) year experience workin.
6 with a certified installer, or some other
7 experience that can be demonstrated to the LEA as
8 providing knowledge and skills equivalent to Navin.
9 worked with a certified installer for a minimum of
10 one (1) year.
11 4 . Requirements for installer certificate renewal shall
12 include the following:
13 a. The installer shall renew the certification
14 prior to the date of the certificate' s expiration;
15 and
16 b. The installer shall demonstrate to the LEA a
17 minimum annual attendance of four (4) hours of
18 classes approved by the LEA dealing with subject
19 matter related to application, design, an.
20 construction of on-site wastewater systems . Eight
21 (8) hours may be averaged over two (2) consecutive
22 years, and may be demonstrated to the LEA b
23 certification of completion provided by the
24 instructor or sponsor of said educational activity.
25 5 . Installer certificates shall remain valid for two (2)
26 consecutive years and may be renewed. An installer ' s
27 certificate shall not be transferable.
30
1 C. Certified Designer Requirements
2 1 . Any work associated with design of a supplemental
3 treatment on-site wastewater system within Butte Count
4 shall be performed by a designer certified by the LEA,
5 except nothing contained herein shall prohibit a
6 resident owner from designing a standard on-site
7 wastewater system when the requirements of this Chapter
8 and the On-Site Wastewater Manual are met .
9 2 . Unless pre-empted by State law, statutes, o
10 regulations, the following registered and/or license.
11 professionals shall be eligible to apply to the LEA fo
12 certification as designers :
13 a. California Professional Engineer;
14 b. California Professional Geologist;
15 c. California Professional Hydrogeologist; and
16 d. Registered Environmental Health Specialist.
17 3. Unless such a requirement is pre-empted by State law,
18 statutes, or regulations, and notwithstanding Subsectio
19 C. 2 . of this Section, other persons may be considered,
20 on a case-by-case basis, for certification as designers
21 when their knowledge and experience is determined by the
22 LEA to provide an equivalent basis for certification an.
23 all other requirements of this section are met .
24 Equivalency in knowledge and experience shall be
25 determined by the LEA as follows :
26 a. Provisional Certification
27 An applicant for certification as a designer that
31
1 meets all the requirements of this section other
2 than those requirements specified in Subsection 2
3 of the Section, shall be provisionally certified b
4 the LEA when evidence is provided showing a minima
5 of two (2) years' experience actively designin.
6 supplemental treatment wastewater systems under the
7 supervision of a certified designer or professional
8 engineer;
9 b. Full Certification
10 A provisionally certified designer that meets all
11 the requirements of this section other than those
12 requirements specified in Subsection 2 of the
13 Section, shall be fully certified by the LEA whe
14 five (5) or more supplemental treatment syste
15 designs are submitted and the wastewater syste
16 construction has been overseen by the provisionall
17 certified designer in a manner that demonstrates to
18 the LEA competency in the field of supplemental
19 treatment system design and wastewater syste
20 construction oversight.
21 4 . Any person seeking a certificate shall file an.
22 maintain a current mailing address with the LEA and shall
23 agree that correspondence and notices may be sent to sa
24 addresses .
25 5 . Requirements for initial designer certification an.
26 for recertification when the certification has lapse.
27 without renewal shall include the following:
32
1 a . The designer shall successfully complete a
2 written and/or field examination to assure
3 knowledge of wastewater system principles and the
4 rules, regulations, laws, and ordinances affectin.
5 the public health and safety with respect to on-
6 site wastewater systems . Examination and/or
7 certification of a wastewater system designer by a
8 third-party entity shall be reviewed and may be
9 determined by the LEA to satisfy the requirement
10 for examination specified herein;
11 b. The designer shall provide verification to the
12 LEA of the applicant' s current licensure and/or
13 registration status as required in this Section;
14 and
15 c. The designer shall provide verification to the
16 LEA of either a minimum of one (1) year experience
17 working with a certified designer, or demonstratio
18 of attendance in training for on-site wastewater
19 treatment design or operation, monitoring, an.
20 maintenance from the California Onsite Water
21 Association or the equivalent, or some other
22 experience that can be demonstrated to the LEA as
23 providing knowledge and skills equivalent to Navin.
24 worked with a certified designer for a minimum o
25 one (1) year.
26 6 . Requirements for designer certificate renewal shall
27 include the following:
33
1 a. The designer shall renew the certification prior
2 to the date of the certificate' s expiration; and
3 b. The designer shall demonstrate to the LEA an
4 ongoing minimum annual attendance of eight (8)
5 hours of classes dealing with subject matte
6 related to application, design, and construction of
7 on-site wastewater systems . Sixteen (16) hours ma
8 be averaged over two (2) consecutive years .
9 Attendance may be demonstrated to the LEA b
10 certification of completion provided by the
11 instructor or sponsor of said educational activity.
12 7 . Designer certificates shall remain valid for two (2)
13 consecutive years and may be renewed. A designer' s
14 certificate shall not be transferable.
15 D. Certified Operation, Monitoring, and Maintenance (OM&M)
16 Specialist Requirements
17 1 . Any operation, monitoring, and maintenance inspection
18 required by the LEA shall be performed by a certifier
19 OM&M Specialist as specified in the On-Site Wastewater
20 Manual. Copies of said standards shall be kept on file
21 and made available to the public at the LEA' s office .
22 2 . Any person seeking a certificate shall file an•
23 maintain a current mailing address with the LEA and shall
24 agree that correspondence and notices may be sent to sa
25 addresses .
26 3 . There shall be two (2) levels of OM&M Specialists
27 certified by the LEA. Level One OM&M Specialists
34
1 shall be limited in their practice to the operation,
2 monitoring, and maintenance of septic tanks, effluent
3 pumps, and dispersal fields utilizing gravity or
4 pressurized distribution. Level Two OM&M Specialists
5 shall be authorized to perform operation, monitoring,
6 and maintenance on any type or configuration of on-
7 site wastewater system.
8 4 . Requirements for initial OM&M Specialist
9 certification and for recertification when the
10 certification has lapsed without renewal shall include
11 the following:
12 a. In order to demonstrate the applicant' s
13 knowledge of wastewater system principles and the
14 rules, regulations, laws, and ordinances affecting
15 the public health and safety with respect to on-
16 site wastewater systems, Level One OM&M Specialists
17 shall successfully complete a written examinatio
18 and certification by a third-party entity approve•
19 by the LEA equivalent to "OM&M 1" provided by the
20 National Onsite Wastewater Transporter Associatio
21 and the California Onsite Water Association, an•
22 Level Two OM&M Specialists shall successful)
23 complete a written examination and certification b
24 a third-party entity approved by the LEA equivalent
25 to "OM&M 1" and "OM&M 2" provided by the National
26 Onsite Wastewater Transporter Association and the
27 California Onsite Water Association; and
35
1 b. Level One OM&M Specialists shall provide
2 verification to the LEA of current certification as
3 a Butte County Certified Pumper or Certifie.
4 Installer and Level Two OM&M Specialists shall
5 provide verification to the LEA of a minimum of one
6 (1) year experience working with a certified OM& i
7 Specialist, or working as a certified designer, or
8 some other experience that can be demonstrated to
9 the LEA as providing knowledge and skills
10 equivalent to having worked with a certified OM& 1
11 Specialist or as a certified designer for a minimu
12 of one (1) year.
13 5 . Requirements for OM&M certificate renewal shall
14 include the following:
15 a. The OM&M Specialist shall renew the
16 certification prior to the date of the
17 certificate' s expiration;
18 b. The OM&M Specialist shall demonstrate to the LE*
19 a minimum annual attendance of eight (8) hours o
20 classes dealing with subject matter related to
21 application, design, construction, operation,
22 monitoring, and/or maintenance of on-site
23 wastewater systems provided by an approved third-
24 party entity. Sixteen (16) hours may be average.
25 over two (2) consecutive years, and may be
26 demonstrated to the LEA by certification of
27 completion provided by the instructor or sponsor of
36
1 said educational activity; and
2 c. The OM&M Specialist shall present to the LEA
3 manufacturer' s training and certification as
4 applicable to the scope of the OM&M Specialist' s
5 work.
6 6. OM&M Specialist certificates shall remain valid for
7 two (2) consecutive years and may be renewed. An OM&
8 Specialist ' s certificate shall not be transferable.
9 Section 8 . Severability.
10 If any provision or clause of this article or the applicatio
11 thereof to any person or circumstances is held to be
12 unconstitutional or to otherwise be invalid by any court of
13 competent jurisdiction, such invalidity shall not affect other
14 provisions or clauses or applications thereof which can be
15 implemented without the invalid provision or clause, or
16 application, and to this end the provisions and clauses of this
17 article are declared to be severable.
18 Section 9. Effective Date and Publication.
19 This Ordinance shall take effect thirty (30) days after the date
20 of its passage. The Clerk of the Board of Supervisors is
21 authorized and directed to publish a summary of this ordinance
22 before the expiration of fifteen (15) days after its passage.
23 This ordinance shall be published once, with the names of the
24 members of the Board of Supervisors voting for and against it,
25 in the Chico Enterprise Record a newspaper of general
26 circulation published in the County of Butte, State of
27 California.
37
PASSED . 111 , OPTED by the Board of Supervisors of the county of
2 Butte, State of California, on the 12t1' day of April, 2016, by the
3 following vote:
4 AYES : Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
5 NOES : None
6 ABSENT : None
7 NOT VOTING: None
8
*il.X.44, C.
9 =ILL CONNELLY, C air of the
Butte County Board of
10 Supervisors
11 ATTEST :
PAUL N, chpf Administrative-Officer
12 and Clerk othe Board
13
By:
14
Deput
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