HomeMy WebLinkAboutEmail from Cathy Raevsky - Supplemental Treatment Systems Menchaca, Clarissa
From: Raevsky, Cathy
Sent: Monday,January 22, 2018 2:50 PM
To, Kirk, Maureen; Connelly, Bill; Lambert, Steve;Wahl, Larry;Teeter, Doug
Cc: Clerk of the Board; McCracken, Shari; Alpert, Bruce
Subject: FW: Supplemental Treatment Systems, Information for County Counsel
Attachments: Excerpts with Highlights-OWTS Policy.pdf; Excerpts with Highlights-Butte LAMP,pdf
Here is the written summary I sent to County Counsel re: why EH needs to review the O,M&M reports for the
supplemental treatment systems.
Background:
0 Sections 132,90-13291.7, Chapter 4.5, Division7 of the California Water Code required the State Water Resources
Control Board (State Water Board)to adopt regulations or standards for the permitting and operation of onsite
wastewater treatment systems (OWTS) in the State of California and to apply those regulations or standards six
months after their adoption: https://Iaw.*ustia.com/codes/cal!iforniaZ20051wat/13290-1329l.7.html
0 Accordingly, on June 19, 2012, with an effective date of May 13, 2013, the State Water Board adopted
regulations for onsite wastewater disposal systems in a policy titled "Water Quality Control Policy for Siting,
Design, Operation and Maintenance of Onsite Wastewater Treatment Systems" or OWTS Policy: State OWTS
Policy Web link
0 The OWTS Policy includes two paths for local agencies to regulate OWTS.Tier 1 would require adoption of a
uniform, statewide set of regulations that did not allow for counties selecting that option to customize their
regulations based upon local conditions.The Tier 2 process, or Local Agency Management Program process,
allows a local agency to propose its own customized OWTS regulatory program, which is what Butte County
chose to do.This path accommodates existing and future county programs that allow for a wider variety of
OWTS design, construction, and operation options, including supplemental advanced treatment, or engineered
site-specific distribution systems, which is important given regional geology variances.The core of this path is a
programmatic document called the Local Agency Management Program, or LAMP. The LAMP includes technical
criteria for the siting, design and construction of systems, as well as regulatory protocols for permits,
investigations, monitoring, inspection and reporting practices.The LAMP must also comply with the Water
Board's Basin Plan.
0 Each LAMP,was required to be reviewed and approved by its applicable, regional Water Board. May 2.016 was
the due date for the submittal of all LAMPS statewide.The Board of Supervisors approved the Butte County
LAMP on March 24, 2015, and', Butte County submitted its LAMP to the Central Valley Water Board in November
2015.The Central Valley Water Board approved the Butte County LAMP,on June 24, 2016. Butte Count
Approved LAMP web link
Discussion of EH Oversight and Evaluation of Annual Monitoring Reports:
Attached to this email (with highlights and notes) are portions of both the OWTS Policy and the Butte County LAMP
specific to the issue of why Butte County Environmental Health must analyze annual monitoring reports.
Summary of Highlights and Notes in Excerpt Versions:
OWTS Policy:The OWTS Policy requires that Butte County Environmental Health do the following in the management of
its approved LAMP:
Maintain a water quality assessment program to determine the general operation status of OWTS, and to
evaluate the impact of OWTS discharges to groundwater and local surface water quality
1
• Submit an annual report to the Regional Water Board summarizing data received from a number of sources,
including any information resulting from inspections
• Every fifth year, submit an evaluation of the monitoring program
• Not approve any OWTS utilizing supplemental treatment without requirements for periodic monitoring or
inspections
Butte County LAMP:
• Butte County Environmental Health, as the LEA(Local Enforcement Agency) must certify all Operation,
Monitoring & Maintenance Specialists who prepare the annual reports and has the authority to suspend or
revoke their certification
• As the LEA, Butte County Environmental Health must monitor and analyze the performance of on-site systems
within the County by reviewing OM&M data in relationship to written performance standards; assure timely
follow up and correction, including enforcement action when problems are encountered with individual
wastewater systems or with treatment and dispersal technologies which are being monitored through the
OM&M program.
• Describes the frequency for renewal of annual operating permits by system type
• States that the operating permit will be renewed upon receipt of the appropriate fee and verification of
compliance with OM&M requirements
• Describes the minimum inspection requirements and effluent constituent requirements which are verified
through the review of the OM&M report by Environmental Health
• Describes corrective action steps which may be taken as a result of Environmental Health determination that the
system is non-compliant, based upon analysis of the OM&M annual report and/or other monitoring
Summary:
• The requirement for monitoring, oversight and evaluation of Onsite Wastewater Treatment systems originates
in Sections 13290-13291.7, Chapter 4.5, Division 7 of the California Water Code.
• In order to implement this directive, the State Water Board adopted regulations within an OWTS policy.
• This OWTS policy provides two options for LEAs(local enforcement agencies)to regulate OWTS in their County,
Tier 1 and Tier 2.
• Butte County(and many other counties)foilowed the Tier 2 process, by developing and adopting a Local Agency
Management Program or LAMP, which implements the requirements of the Water Code and OWTS policy for
Butte County.The Butte County LAMP has been approved by the Central Valley Water Board (the regional water
board for our area).
• In order to be compliant with the OWTS policy the Butte County LAMP was required to include in its provisions
that supplemental treatment systems must be actively monitored and inspected for proper function and
maintenance on a periodic basis.This standard was estabiished in the interest of public health through the
protection of surface and ground water.
• Environmental Health must submit annual reports to the State Water Board, as well as a 5 year report. This
necessitates a hands-on: review of the annual Operation, Monitoring and Maintenance reports for each system
operating under an annual permit.There would be no way to comply with the LAMP,the OWTS Policy, and
therefore, State Code if staff does not conduct this review and analysis.
Please let me know if you: have any questions.
Cat 'Ralevsky
Public Health Director
BUTTE COUNTY PUBLIC HEALTH
202 Mira Loma Drive I Orovik, CA 95965
T: 530.538-77501 F: 530.538-2164
Nationally Accredited 09113117
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Preamble — Purpose and Scope — Structure of the Policy
Preamble
Onsite wastewater treatment systems (OWTS) are useful and necessary structures that
allow habitation at locations that are removed from centralized wastewater treatment
systems. When properly sited, designed, operated, and maintained, OWTS treat
domestic wastewater to reduce its polluting impact on the environment and most
importantly protect public health. Estimates for the number of installations of OWTS in
California at the time of this Policy are that more than, 1.2 million systems are installied
and operating. The vast majority of these are functioning in a satisfactory manner and
meeting their intended purpose.
However there have been occasions in California where OWTS for a varied list of
reasons have not satisfactorily protected either water quality or public health. Some
instances of these failures are related to the OWTS not being able to adequately treat
and dispose of waste as a result of poor design or improper site conditions. Others
have occurred where the systems are operating as designed but their densities are
such that the combined effluent resulting from multiple systems is more than can be
assimilated into the environment. From these failures we must learn how to improve
our usage of OWTS and prevent such failures from happening again.
As California's population continues to grow, and we see both increased rural housing
densities and the building of residences and other structures in more varied terrain than
we ever have before, we increase the risks of causing environmental damage and
creating public health risks from the use of OWTS. What may have been effective in
the past may not continue to be as conditions and circumstances surrounding particular
locations change. So necessarily more scrutiny of our installation of OWTS is
demanded of all those involved, while maintaining an appropriate balance of only the
necessary requirements so, that the use of OWTS remains viable.
Purpose and Scope of the Policy
The purpose of this Policy is to allow the continued use of OWTS, while protecting water
quality and public health. This Policy recognizes that responsible local agencies can
provide the most effective means to manage OWTS on a routine basis. Therefore as
an important element, it is the intent of this policy to efficiently utilize and improve upon
where necessary existing local programs through coordination between the State and
local agencies. To accomplish this purpose, this Policy establishes a statewide, risk-
based, tiered approach for the regulation and management of OWTS installations and
replacements and sets the level of performance and protection expected from OWTS.
In particular, the Policy requires actions for water bodies specifically identified as part
this Policy where OWTS contribute to water quality degradation that adversely affect
beneficial uses.
This Policy only authorizes subsurface disposal of domestic strength, and in limited
instances high strength, wastewater and, establishes minimum requirements for the
permitting, monitoring, and operation of OWTS for protecting beneficial uses of waters
1
Responsibilities and Duties
3.3 All local agencies permitting OWTS shall report annually to the Regional Water
Board(s). If a local agency's jurisdictional area is within: the boundary of
multiple Regional Water Boards, the local agency shall send a copy of the
annual report to each Regional Water Board, The annual report shall include
the following information (organized in a tabular spreadsheet format) and
summarize whether any further actions are warranted to protect water quality or
public health:
3.11 number and location of complaints pertaining to OWTS operation and
maintenance, and identification of those which were investigated and how
they were resolved;
3.3.2 shall provide the applications and registrations issued as part of the local
septic tank cleaning registration program pursuant to Section 117400 et
seq. of the California Health and Safety Code;
3.3.3 number, location, and description of permits issued for new and
replacement OWTS and which Tier the permit is issued.
3.4 All local agencies permitting OWTS shall retain permanent records of their
permitting actions and will make those records available within 10 working days
upon written request for review by a Regional Water Board. The records for
each permit shall reference the Tier under which the permit was issued.
3.5 A local agency shall notify the owner of a public well! or water intake and the
California Department of Public Health as soon as practicable, but not later
than 72 hours, upon its discovery of a failing OWTS as described in sections
11.1 and 11,2 within the setbacks described in sections 7.5.6 through 7.5.10.
3.6 A local agency may implement this Policy, or a portion thereof, using its local
authority to enforce the policy, as authorized by an approval from the State
Water Board or by the appropriate Regional Water Board.
3.7 Nothing in the Policy shall preclude a local agency from adopting or retaining
standards for OWTS in an approved Local Agency Management Program that
are more protective of the public health or the environment than are contained
in this Policy,
3.8 If at any time a local agency wishes to withdraw its previously submitted and
approved Tier 2 Local Agency Management Program, it may do so upon 60
days written notice. The notice of withdrawal shall specify the reason for
withdrawing its Tier 2 program, the effective date for cessation of the program
and resumption of permitting of OWTS only under Tiers 1, 3, and 4.
4.0 Regional Water Board Functions and Duties
4.1 The Regional Water Boards have the principal responsibility for overseeing the
implementation of this Policy,
4.2 Regional Water Boards shall incorporate the requirements established in this
Policy by amending their Basin Plans within 12 months of the effective date of
this Policy, pursuant to Water Code Section 13291(e). The Regional Water
14
Tier• 2 — Local Agency OWTS Management Program
OWTS as well as any Water Board order (e.g., Basin Plan prohibitions)
regarding OWTS restrictions within its jurisdiction. The education and/or
outreach program shall also include procedures to ensure that alternative
onsite system owners are provided an informational maintenance or
replacement document by the system, designer or installer. This document
shall cite homeowner procedures to ensure maintenance, repair, or
replacement of critical items within 48 hours following failure. If volunteer
well monitoring programs are available within the local agency's
jurisdiction, the outreach program, shall include information on how well
owners may participate.
9,2.6 An assessment of existing and proposed disposal locations for septage,
the volume of septage anticipated, and whether adequate capacity is
available,
9.2.7 Any consideration given to onsite maintenance districts or zones.,
9.2.8 Any consideration given to the development and implementation of, or
coordination with, Regional Salt and Nutrient Management Plans.
9.2.9 Any consideration given to coordination with watershed management
groups.
9.2.10 Procedures for evaluating the proximity of sewer systems to new or
replacement OWTS installations.
9.2,11 Procedures for notifying the owner of a public water system prior to
issuing an installation or repair permit for an OWTS, if the OWTS is within
1,200 feet of an intake point for a surface water treatment plant for
drinking water, is in the drainage area catchment in which the intake point
is located, and is located such that it may impact water quality at the
intake point such as upstream of the intake point for a flowing water body,
or if the OWTS is within, a horizontal sanitary setback from a public well.
91.2.12 Policies and procedures that will be followed when a proposed OWTS
dispersal area is within the horizontal sanitary setback of a public well or a
surface water intake point. These policies and procedures shall either
indicate that supplemental treatment as specified in 10.9 and 10.10 of this
policy are required for OWTS that are within a horizontal sanitary setback
of a public well or surface water intake point, or will establish alternate
siting and operational criteria for the proposed OWTS that would similarly
mitigate the potential adverse impact to the public water source.
9.2.13 Any plans for the phase-out or discontinuance of cesspool usage.
9.3 The minimum responsibilities of the local agency for management of the Local
Agency Management Program include:
9.3.1 Maintain records of the number, location, and description of permits
issued for OWTS where a variance is granted.
30
T'ier 2 — Local Agency TS Management Program
9-12 Maintain a water quality assessment program to determine the general
operation status of OWTS and to evaluate the impact of OWTS
discharges, and assess the extent to which groundwater and local surface
water quality may be adversely impacted. The focus of the assessment
should be areas with characteristics listed under section 9.1. The
assessment program will include monitoring and analysis of water quality
data:, review of complaints, variances, failures, and any information
resulting from inspections. The assessment may use existing water
quality data from other monitoring programs and/or establish the terms,
conditions, and timing for monitoring done by the local agency. At a
minimum this assessment will include monitoring data for nitrates and
pathogens, and may include data for other constituents which are needed
to adequately characterize the impacts of OWTS on water quality. Other
monitoring programs for which data may be used include but are not
limited to any of the following:
9.3.2.1. Random well samples from a domestic well sampling program.
9.3.2.2. Routine real estate transfer samples if those are performed and
reported.
9.3.2.3. Review of public system sampling reports done by the local agency
or another municipality responsible for the public system.
9.3.2.4. Water quality testing reports done at the time of new well
development if those are reported.
9.3.2.5. Beach water quality testing data performed as part of Health and
Safety Code Section 115885.
9,326. Receiving water sampling performed as a part of a NPDES permit,
9.3.2.7. Data contained in the California Water Quality Assessment
Database.
93.2.8. Groundwater sampling performed as part of Waste Discharge
Requiremen.ts.,
9.3.2,9. Groundwater data collected as part of the Groundwater Ambient
Monitoring and Assessment Program and available in the
Geotracker Database.
9.3.3 Submit an annual report by February 1 to the applicable Regional Water
Board summarizing the status of items 9.3.1 through 93.2 above. Every
fifth year, submit an evaluation of the monitoring program and an
assessment of whether water quality is being impacted by OWTS,
identifying any changes in the Local Agency Management Program that
will be undertaken to address impacts from OWTS. The first report will
commence one year after approval of the local agency's Local Agency
Management Program, In addition to summarizing monitoring data
collected per 9.3.2 above, all groundwater monitoring data generated by
the local agency shall be submitted in EDF format for inclusion into
31
Tier 2, — Local Agency OWTS Management Program
Geotracker, and surface water monitoring shall be submitted to CEDEN in
a SWAMP comparable format.
9.4 The following are not allowed to be authorized in a Local Agency Management
Program:
9.4.1 Cesspools of any kind or size,
9.4.2 OWTS receiving a projected flow over 10,000 gallons per day.
9.43 OWTS that utilize any form of effluent disposal that discharges on or
above the post installation ground surface such as sprinklers, exposed
drip lines, free-surface wetlands, or a pond.
9.4.4 Slopes greater than 30 percent without a slope stability report approved by
a registered professional.
9.4.5 Decreased leaching area for IAPMO certified dispersal systems using a
multiplier less than 0,70.
9.4.6 OWTS, utilizing supplemental treatment without requirements for periodic
monitoring or inspections.
9.4.7 OWTS dedicated to receiving significant amounts of wastes dumped from
RV holding tanks,
9.4.8 Separation of the bottom of dispersal system to groundwater less than two
(2) feet, except for seepage pits, which shall not be less than 10 feet.
9,4,9 Installation of new or replacement OWTS where public sewer is available.
The public sewer may be considered as not available when such public
sewer or any building or exterior drainage facility connected thereto is
located more than 20,0 feet from any proposed building or exterior
drainage facility on any lot or premises that abuts and is served by such
public sewer. This provision does not apply to replacement OWTS where
the connection fees and construction cost are greater than twice the total
cost of the replacement OWTS and the local agency determines that the
discharge from the OWTS will not affect groundwater or surface water to a
degree that makes it unfit for drinking or other uses.
9.4.10 Except as provided for in sections 9.411 and 9.4.12, new or replacement
OWTS with minimum horizontal setbacks less than any of the following:
9.4.10.1 150 feet from a public water well where the depth of the effluent
dispersal system does not exceed 10 feet in depth.
9.4,10.2 200 feet from a public water well where the depth of the effluent
dispersal system exceeds 10 feet in depth,
9.4.10.3 Where the effluent dispersal system is, within 600 feet of a public
water well and exceeds, 20 feet in depth the horizontal setback
required to achieve a two-year travel time for microbiological
contaminants shall be evaluated. A qualified professional shall
conduct this evaluation. However in no case shall the setback be
less than 200 feet.
32
Tier 4 — OWTS Requiring Corrective Action
Tier 4 — OWTS Requiring Corrective Action
OWTS that require corrective action or are either presently failing or fail at any time
while this Policy is in effect are automatically included in Tier 4 and must follow the
requirements as specified. OWTS included in Tier 4 must continue to meet applicable
requirements of Tier 0, 1, 2 or 3 pending completion of corrective action.
11.0 Corrective Action for OWTS
11.1 Any OWTS that has pooling effluent, discharges wastewater to the surface, or
has wastewater backed up into plumbing fixtures, because its dispersal
system is no longer adequately percolating the wastewater is deemed to be
failing, no longer meeting its primary purpose to protect public health, and
requires major repair, and as such the dispersal system must be replaced,
repaired, or modified so as to return to proper function and comply with Tier 1,
2, or 3 as appropriate.
11.2 Any OWTS septic tank failure, such as a baffle failure or tank structural
integrity failure such that either wastewater is exfiitrating or groundwater is
infiltrating is deemed to be failing, no longer meeting its primary purpose to
protect public health, and requires major repair, and as such shall require the
septic tank to be brought into compliance with the requirements of Section 8
in Tier 1 or a Local Agency Management Program per Tier 2.
11.3 Any OWTS that has a failure of one of its components other than those
covered by 11.1 and 11.2 above, such as a distribution box or broken piping
connection, shall have that component repaired so as to return the OWTS to
a proper functioning condition and return to Tier 0, 1, 2, or 3.
11.4 Any OWTS that has affected, or will affect, groundwater or surface water to a
degree that makes it unfit for drinking or other uses, or is causing a human
health or other public nuisance condition shall be modified or upgraded so as
to abate its impact.
11.5 If the owner of the OWTS is not able to comply with corrective action
requirements of this section, the Regional Water Board may authorize repairs
that are in substantial conformance, to the greatest extent practicable, with
Tiers 1 or 3, or may require the owner of the OWTS to submit a report of
waste discharge for evaluation on a case-by-case basis. Regional Water
Board response to such reports of waste discharge may include, but is not
limited to, enrollment in general waste discharge requirements, issuance of
individual waste discharge requirements, or issuance of waiver of waste
discharge requirements. A local agency may authorize repairs that are in
substantial conformance, to the greatest extent practicable, with Tier 2 in
accordance with section 9.2.3 if there is an approved Local Agency
Management Program, or with an existing program if a Local Agency
Management Program has not been approved and it is less than 5 years from
the effective date of the Policy.
41
Butte County LAMP Program Overview
�uennka Overview** Page 9
Background
In 2004,the Directors of Public Works, Development Services, and Public Health requested that
the Board authorize an in-depth review of Butte County's on-site wastewater program and
make recommendations for establishment of a comprehensive wastewater program. The pro-
gram evaluation was completed by Norm Hantzsch,e of Questa Engineering Corporation in
20005 and adapted by the Butte County Board of Supervisors in spring 2006.
A Wastewater Advisory Group was established in the fall of 2006, made up of septic installers,
pumpers, design engineers, environmental consultants, and representatives from the Regional
Water Board, Homebuilder's Association, and the Board of Realtors. The advisory group met at
least monthly for the next two years and developed an Cyn-Site Wastewater Ordinance and an
Cin-Site Wastewater Manual. These documents went through the CEQA process in 2009 and
were adopted by the Butte County Board of Supervisors in 2010.
The Cin-Site Wastewater Ordinance provides the key program requirements and includes the
.administrative framework for the on-site wastewater program. The On-Site Wastewater Man-
ual, authorized in the Ordinance in Chapter 19-5 and adopted by Board of Supervisor Resolu-
tion, provides the technical and', procedural requirements of the program.
Tier 2 Program
This LAMP is submitted in accordance with Tier 2 of the OWTS Policy. The LAMP is based on a
legally binding and enforceable Ordinance and Manual that were developed over a four year
period (2006-2.010) be an interdisciplinary workgroup of stakeholders that included a voting
staff member from the Regional Board, two stakeholders that also served as members of the
California Onsite Wastewater Association Board of Directors, an Environmental Consultant, an
engineer representing the county's Homebuilders, a Realtor, a member representing proprie-
tary supplemental treatment systems, a supplemental treatment system service provider,and a
citizen activist.
The comprehensive set of requirements .specified' in our Ordinance and Manual are far more
protective of water quality and public health than Tier One requirements as can be demon-
strated by reviewing the Critical Program Elements summarized in the following section. In ad-
dition, the prohibitions specified in the OTWS Policy are specifically prohibited in the Ordi-
nance,with links and code references provided in the Cross Reference Table,
Butte County Environmental Health is committed to adhering to all provisions of the LAMP in-
cluding all requirements for monitoring and reporting. Any modifications to the LAMP will first
be submitted to the Regional Board with a written notice of the intended modifications. The
modifications will not be implemented if objections to the proposed modifications are made
within 90,days of submittal to the Regional Board for review.
At the time of submittal of this LAMP there are no Clean Water Act section 303(d) impaired wa-
ter bodies listed for Butte County related to on-site wastewater sources. If a 303(d) impaired
water body is identified in the future, this LAMP will be revised to conform to requirements of
"Tier 3—Advanced Protection Management Programs for Impaired Areas", as appropriate.
On-Site Wastewater Systems Ordinance—butte Counter Cade Chapter 19
Adopted March 16, 2010
Chapter 19 ** page 51
ire+�a.o-ce,=uti+
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 year.
6. Requirements for designer certificate renewal shall include the following:
a. The designer shall renew the certification prior to the date of the certifi-
cate's expiration; and
b. The designer shall demonstrate to the LEA an ongoing minimum annual
attendance of eight (8) hours of classes dealing with subject matter relat-
ed to application, design, and construction of on-site wastewater sys-
tems. Sixteen ( 6) hours may be averaged over two (2) consecutive
years. Attendance may be demonstrated to the LEA by certification of
completion provided by the instructor or sponsor of said educational ac-
tivity.
7. Designer certificates shall remain valid for two (2) consecutive years and may
be renewed.A designer's certificate shall not be transferable.
D. Certified Operation, Monitoring, and Maintenance (OM&M) Specialist Require-
ments
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 ad-
dress with the LEA and shall agree that correspondence and notices may be
sent to said addresses.
3. There shall be two levels of OM&M Specialists certified by the LEA. Level
One OM&M Specialists shall be limited in their practice to the operation,
monitoring,and maintenance of septic flanks, effluent pumps, and dispersal
fields utilizing gravity or pressurized)distribution. Level Two OM&M Special-
ists shall be authorized to perform operation,monitoring, and maintenance
on any type or configuration of on-site wastewater system.
4. Requirements for initial OM&M Specialist certification and for recertification
when the certification has lapsed without renewal shall include the following.
a. In order to demonstrate the applicant's 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, Lev-
el One OM&M Specialists shall successfully complete a written examina-
tion and certification by a third-party entity approved by the LEA equiva-
On-Site Wastewater Systems Ordinance,—butte County Code Chapter 19
Adopted March 1E, 2010
Chapter 19 ** Page 52
trihr,C vnQniYoa
lent to "OM&M 1" provided by the National Onsite Wastewater Trans-
porter Association and the California Onsite Water Association, and Level
Two OM&M Specialists shall successfully complete a written examination
and certification by a third-party entity approved by the LEA equivalent
to "OM&M 1" and "OM&M 2" provided by the National Onsite
Wastewater Transporter Association and the California Onsite Water As-
sociation; and
b. Level One CSM&M Specialists shall provide verification to the LEA of cur-
rent certification as a Butte County Certified. Pumper or Certified installer
and Level Two OM&M Specialists shall provide verification to the LEA of a
minimum of one year experience working with a certified OM&M Special-
ist, 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 CSM&M Specialist or as a certified de-
signer for a minimum of one year.
5. Requirements for OM&M certificate renewal shall include the following:
a. The 10M&M Specialist shall renew the certification prior to the date of the
certificate's expiration;
b. The bM&M Specialist shall demonstrate to the LEA a minimum annual at-
tendance of eight hours of classes dealing with subject matter related to
application, design, construction, operation, monitoring, and/or mainte-
nance 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 pro-
vided 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 CSM&M Specialist's
work.
6. QM&M Specialist certificates shall remain valid for two consecutive years
and may be renewed. An 4M&M Specialist's certificate shall not be trans-
ferable.
19-14 Contractor Review and Oversight
X 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 Chap-
ter.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
Cin-Site Wastewater Systems Ordinance—Butte County Cade Charter 1
Adopted March 1E, 2010
Chapter 15 ** Page 53
and shall advise the Certificate Holder that the suspension will become effective ten
(10) days from the date of service, unless a written request for administrative Re-
view is filed with the LEA following 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 repeatedviolations 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 (10)
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 Halder 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 writ-
ten examination again before issuance of a new certificate.
D. Administrative Review
1. Any Certificate Holder whose certificate may be suspended or subject to revo-
cation 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 (loth) day fol-
lowing service of the LEA's Notice of Suspension or Revocation. The Request
must state both the legal and factual) bases in support thereof, a,nd must in-
clude at a minimum the requested modification(s), if any, of the Notice to-
gether with a summary of the issues, facts and legal authorities to be raised at
the hearing.The time requirement for filing the Request shall be deemed juris-
dictional and may not be waived. In the absence of a timely filed Request that
complies fully with the requirements of this Section, the findings of the LEA
contained in the Notice shall be deemed true and correct.
2. Upon timely receipt of a Request for Administrative Review that complies with
the requirements of this Section, the LEA shall refer the matter to, an Adminis-
trative Hearing Officer to conduct a hearing.The Administrative Hearing Officer
shall be selected pursuant to the protocol set forth in that document entitled
the "Butte County Administrative Hearing Officer Program," can file in the of-
fice of the Chief Administrative Officer of the County. Notice of the hearing
shall be sent by first class mail postage prepaid' to the Person(s) filing the re-
quest. The notice shall state the date, time and place of the hearing (which in
no event shall be sooner than seven (7) days from the date of the mailing, un-
less otherwise agreed to by the requesting party and the LEA.
3. Any administrative hearing conducted under this Section need not be conduct-
ed according to technical rules relating to evidence and witnesses. Any rele-
Cin-Site Wastewater Manual--Part 4 OM&M Program
Adopted March 15, 2010—Draft Update:August 24, 2010 and March 24, 2015
Iw��vti,.
4 Manual Part Four** Page 139
Part Four. Operation, Monitoring, and Maintenance (Oil& )
Chapter 1. Applicability
A. The program will apply to new and repair on-site wastewater systems as speci-
fied in the On-Site"Wastewater Ordinance and this Manual',
B. Owners of existing systems that do not include pressure distribution, subsurface
drip irrigation, or supplemental treatment will be encouragedto voluntarily opt
into the program.
Chapter 2. Administration
A. Administrative Overview
1. The program will be administered county-wide by the LEA.
2. Any required OM&M inspections will be performed by certified OM&M
Specialists,
3. OM&M Specialists are
individuals or corpora- O&M
Certification of Specialists Specialist
tions who are certified
by the LEA. OM&M
4. The LEA may perform Eutte'County spermist Report
OM&M inspections for Environmental Selection
quality assurance sur Health,
Renewable-11w*
veys and investigations. Data ope acing System Owner
Entry Analysis permits
5. The diagram shows the
relationship between the
parties involved in the
program.
B. Roles and Responsibilities
1. LEA:.
a. Develop and administer the OM&M program in consultation with
the Butte County On-Site Wastewater Advisory Committee.
b. Establish a record keeping and reporting system to ensure that
up-to-date records are kept of the location, ownership, site evalu-
ation, design, and OM&M reports so that performance of the sys-
tems can be monitored.
C. Assure ongoing program quality control and quality assurance.
d. Monitor and analyze the performance of on-site systems within
the County by reviewing OM&M data in relationship to written
performance standards.
1,„N,
Orr-Site Wastewater/Manual—Pert 4—CIM&M Program
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”"°`""`•'"" Manual Bart Four** Page 140
e. Inspect supplemental treatment systems located within the Cleve-
land Dills Alquist-Priolo Earthquake Fault Zone in the event of an
earthquake centered on the Cleveland Hills Fault resulting in ap-
preciable surface fault displacement.
f. Inspect supplemental treatment systems in the event of an earth-
quake centered within 25 miles of Butte County with Richter
Magnitude of 5,0 and above.
. Assure timely follow up and correction, including enforcement ac-
tion, when problems are encountered with individual wastewater
systems or with treatment and dispersal technologies which are
being monitored through this OM&.M program.
2. System Owner
a. System owner must use the on-site system in conformance with
its design parameters
b. Participates in the OM&M program as outlined in this document
C. Assures continued operation and maintenance of their on-site
wastewater system consistent with the On-Site Wastewater O,rdii-
nance and this Manual
d. Must report any system malfunctions resulting in surfacing se -
age to the LFA within 24 hours of discovery
e. Must contact an OM&M Specialist within 24 hours of discovering
the following conditions that could indicate system malfunction
requiring major system repair:
(1) Persistent and excessive odor of sewage
(2) Activation of the system audible and/or visual alarm
(3) Wastewater backing up into the plumbing fixtures, toilets
not flushing properly,or sink drains not functioning
f. Must obtain permits, procure services, and pay fees as may be
necessary to correct deficiencies in on-site system identified by
the LFA or the OM&,M Specialist
3. Certified Pumper
a. Pump septic tank and inspect the tank for integrity, including baf-
fles and 'T's.
b. Report findings on a standardized form provided by the LFA and
submit completed forms to the LEA on no less than a monthly ba-
sis.
C. Any malfunctions resulting in surfacing sewage must be reported
to the LFA within 24 hours of discovery.
Cin-Site Wastewater Manual—Part 4--OfM&M Program
Adapted March 16, 2010—Graft Update: August 2.4, 2010 and March 24, 2015
Manual Part Four** Page 141
4. Certified Designer
a. For each system designed, develop and provide a system owner's
CSM&M Manual, as described in Chapter g of this Part of the
Manual.An electronic version of the OM&M Manual must be pro-
vided to the LEA for review and for archival purposes.
5. Proprietary System Authorized Agent
ca. Assure that instructions regarding OM&M of the system or device
is provided to the LEA, designer, and owner of the residence or
facility
b. Provide instructions in sufficient detail for maintenance to be
achieved through certified C7M&M specialists
6. Certified OM&MSpecialist
a. Meet and maintain the requirements for certification outlined in
this program
b. Provide all required maintenance and monitoring reports to the
LEA within 30 days of service
C. Report to the LEA within 24 hours of discovery any system mal-
functions resulting in surfacing sewage or in the judgement of the
OM&M Specialist, will require major system repair
d. Notify the LEA of system maintenance activities as specified in the
Cin-Site Wastewater Ordinance.
7, Wastewater Advisory Committee
Assist the LEA in the development, adoption, oversight, evaluation, and
improvement of this OM&M program
Chapter 3. Program Elements
A. Homeowner Education
The LEA will establish methods for increasing public understanding about the
proper use and care of on-site systems, The program goal is to provide system
owners with the information they need to properly operate and maintain their
systems.
B. OM&M Data Management
The LEA will track the maintenance and performance of all systems in the
CDM&M database.
C. OM&M Manual
VA
4��d
On-Site Wastewater Manual—Part 4—OM&M Program
Adopted March 16, 2010—Draft Update;August 24, 2010 and March 24, 2015.
Manual Part Four** Page 142
1. For standard gravity systems, the LEA will provide an informational pack-
et to new owners at the time of installation and at change of ownership.
2. For supplemental treatment systems, the certified designer will provide
the homeowner's with an OM&M Manual and provide an electronic ver-
sion to the LEA for archival purposes..
a. The OM&M Manual will be supplemented and/or updated by the
certified designer when a system is repaired.
b. The manual will include the following elements, as applicable and
available..
(1) Diagrams of the system components
(2) Accurate,fully dimensioned as-built of the system
(3) Explanation of general system function, operational expec-
tations, owner responsibility,etc.
(4) Routine maintenance schedule
(5) Names and telephone numbers of the certified designer,
certified installer, and certified OM&M Specialist
(6) List of proprietary system components, including manufac-
turer name and model number
(T) Information on "troubleshooting," common operational
problems that might occur with that specific system
D. Operating Permit
1. Requirements for Approval
a. System installation has received Final Approval by the LEA as de-
scribed in Part 1 of this Manual.
b. The OM&M Manual has been provided by the system designer for
supplemental treatment systems.
C. System has an approved, fully dimensioned As-Built document
and designer certification as described in Part 1 of this Manual.
d. For pressure distribution and supplemental treatment systems,
appropriate notice of Operating Permit requirements and a Li-
censing Agreement have been recorded on the property deed as
described in Subsection E of this Part of the Manual.
2. Operating Permit Renewal Frequency
Operating permits, unless suspended or revoked by the LEA for non-
compliance with the On-Site Wastewater Ordinance or Manual, shall be
valid for a duration based on system type,as follows:
a. Pressure Distribution: From issuance until the time of property
transfer.
On-Site Wastewater Manual—Part 4—C7GVl&M Program
Adopted March 16, 2010—Draft Update: August 24, 2010 and March 24, 2015
Manual Part Four** Page 143
b. Mound or Single-Pass Sand Filter: From issuance for a period of
one year.
C. Aerobic Treatment. Unit or Packed Bed Filter: From issuance for a
periodof one year
1 Renewal' Procedures
a. The LEA will notify the system owner of the need to renew their
system's operating permit. The notice will list certified OM&M
Specialists that may be used by the homeowner for inspecting and
maintaining the system,
b. The LEA will renew the operating permit upon receipt of the ap-
propriate fee and verification of compliance with OM&M re-
quirements.
4. Special Inspections
a. Operating permits will include a condition to allow inspect sup-
plemental treatment systems located within the Cleveland Hills
Alq,uist-Priolo Earthquake Fault Zone in the event of an earth-
quake centered on the Cleveland Hills Fault resulting in apprecia-
ble surface fault displacement.
b. Operating permits will include a condition to allow inspect sup-
plemental treatment systems in the event of an earthquake cen-
tered within 25 mines of Butte County with Richter Magnitude of
5,0 and above.
E. Notice on Property teed
Owners of systems utilizing pressurized distribution and/or supplemental treat-
ment will record, with the property deed for the benefit of future owners and
successors:
1. Notice of the requirement for an Operating Permit.
2. A Licensing Agreement granting the LEA access to inspect the system af-
ter providing the property owner with prior notification.
3. Referral to Environmental Health for additional information regarding the
system's operation, monitoring, and maintenance requirements and es-
timated cost of maintenance and replacement.
lio yl
�A
On-Site'Wastewater Manual—Part 4—dM&M Program
Adapted March 16, 2010—Draft Update:August 24, 2010. and March 24, 2015
Manual Part Four** Page 144
Chapter 4. Inspection Frequency and Maintenance Checks
A. Inspection Frequency
Inspection Interval Standard Pressure Mound or ATU or Disinfection
(Following Initiation Gravity Sys- hist.or single-Pass Packed-Bed
of System Use) terry Siphon Sand Filter Filter(1) Units
First 6 weeks
PL or
_.w_._..._......
M
PL or
Monthly CIM
(if no telemetry)
months after
initiation of use 0M 0M
_ __.._. ... ..... .. . .
Annually CIM
As required by
the manufactur- PL or
er or NSF, but PL or
not less than OM (withtteell CIM
once per year
_..._.__ ...._........,.._...................._ _............
Every 2 years (Rec� nded
Only)
IN or
Every 5 years CIM
`Recommended
Only)
(1) Supplemental treatment systems,other than single-pass sand filters,used for treatment prior to disinfection must he
monitored monthly for the first year of operation and longer if necessary to assure treatment requirements are reliably
met
Pl.- Proprietary Device Licensee(also must be locally certified as OM&M Specialist)
PU= Certified Pumper
INS= Certified Installer
HO: Homeowner'
OM= Certified Operation,Monitoring,and Maintenance Specialist
R. System-Specific Requirements
Complexity and frequency of inspection will be related to the complexity and
maintenance requirements of the system components, and based upon consid-
eration of;
1. Recommendations of the Wastewater Advisory Committee
2. Recommendations of the manufacturer
1 lndustry standards of practice
Ifs
On-Site Wastewater Manual—Part 4—OM&M Program
Adopted March 16, 2010—Draft Update:August 24, 2010 and March 24, 201
Manual Part Four Page 145
C. Minimum Inspection Requirements
1. d°s'��." (.E.,�ev�. ��';�•""r'"C^f�.�' :�/ �..✓"G" �;r� �„� .
1. Septic Tank LJ
a. Scum and sludge measurements (pumped as needed)
b. Indication of water intrusion
c. Integrity of tank, including observation for:
(1) Cracks or i'nd'ications of structural deterioration
(2) Condition of inlet and outlet °"T"
(3) Condition of lids
(4) Indication of leaks in risers
d. Condition of effluent filter, if present
2. Pump and Dosing Chamber
a. Scum and sludge measurements, pumping as needed
b. Indication of water intrusion
C. Integrity of tank, including observation for:
(1) Cracks or indications of structural deterioration
( ) Condition of inlet and outlet"T„
(3) Condition of lids
(4) Indication of leaks in risers
d. Condition of and correct operation of all floats
e. Orderly wrap of float cords
f. Condition of pump intake screen
g. Verification of pump cycle
h. Siphon sitter functioning, if applicable
3. Control panel in goodworking order based on checking the following
components:
a. "dimer and digital counter readings recorded by CSM&M Specialist
during the inspection for future reference. For control panels that
record pump activity electrni,cally, it isnot necessary to record ac-
tivity durng field inspection.
b. Pump cycle counter operation verified by the ISM&M Specialist in
the field by manual operation of the pump. For control panels
that record pump activity electronically, counter operation can be
verified remotely.
C. Audible and visual alarms functioning
d. Run time appropriate, if demand dose
e. Electrical box free from moisture and secure connections
i7 4 N
On-Site Wastewater Manual--Past 4--C)V1/1&M Program
Adopted March 1.6, 2410-..Draft Update:August 24, 2010 and March 24, 2015
Manual Part Four** Page 1.46
4. Gravity Drainfield (Conventional or travelless), if applicable
a. Depth of effluent ponding within trench
b. Indication of effluent breakout or discharge to surface of the
ground
C. Upkeep and accessibility of observation parts
d. Area verified as free from roads, structures, vehicular traffic, sur-
face water drainage with down spouts properly diverted
e. results of hydraulic loading test, if test is needed
5. Pressure Distribution Drainfield'
a. Depth of effluent ponding within trench
b. Indication of effluent breakout or discharge to surface of the
ground
C. Area verified as free from roads, structures, vehicular traffic, sur-
face water drainage with down spouts properly diverted
d. Upkeep and accessibility of observation ports
e. Check for equal distribution by measuring distal end orifice resid-
ual pressure head
f, Condition of orifices and verification of hydroflush if necessary
6. Mound
a. Excessive ponding of effluent
b. Effluent breakout or discharge to surface of the ground
c. Maintenance of area free from roads, structures, livestock, vehic-
ular traffic, surface water drainage with down spouts properly di-
verted
d. Upkeep and accessibility of observation ports
e. Check for equal distribution by measuring distal end orifice resid-
ual pressure head
f. Condition of orifices and verification of hydroflu!sh if necessary
7. Single-Pass Sand Filter
a. Ponding of effluent over sand
b. Effluent breakout or discharge to surface of the ground
c. Area verified as free from roads, structures, vehicular traffic, sur-
face water drainage with down spouts properly diverted
d. Upkeep and accessibility of observation ports
e. Check for equal distribution by measuring distal end orifice resid-
ual pressure head
f. Condition of orifices and verification of hydroflush if necessary
On-Site Wastewater Manual—Part 4—OM&M Program.
Adopted March 16, 2010—Graft Update:August 24, 2010 and March 24, 2015
Manual Part Four** Page 147
& Within pump well, check for same items as listed under "Pump
and Dosing Chamber"
B. Aerobic Treatment Units, Including Packed-Bed Filters
Follow requirements outlined by manufacturer and/or MSF.
9, Add-On Disinfection Component
Follow requirements outlined by manufacturer and/or NSF.
D. Supplemental Treatment Effluent Monitoringhy AW
" ✓ &1_01 'd
1. Any system that incorporates supplemental treatment shall be monitored
annually for performance in the following manner:
a. Treated effluent and, where applicable, untreated influent will be
sampled and tested' at least annually for BCD, and TSS.Treated ef-
fluent and, where applicable, untreated influent of systems with
Operating Permits requiring nitrogen reduction shall„ in addition,
be tested for Total Nitrogen. Treated effluent of systems utilizing
disinfection shall, in addition, be tested for total and fecal coli-
form.
b. Where the OM&M' Specialist has used field testing for pH, DO, and
turbidity in addition to the parameters identified above during six
consecutive monitoring events over a three year period, and
where a relationship between field testing measurements and
BOD/TSS has been established to the satisfaction of the LEA, the
LEA may approve field testing in lieu of testing for BOD and TSS
for future routine maintenance events,
C, Three years of effluent monitoring has shown the treatment sys-
tem consistently meets the standards outlined' in this Manual for
BUD and TSS,the LEA may approve field tenting.
d. When effluent quality monitoring results indicate that the sup-
plemental treatment and/or add-on disinfection did not meet the
minimum treatment levels specified in this Manual, a second
sample will be taken within three months. if the follow up sam-
piing results indicate that the supplemental treatment and/or
add-on disinfection unit is not performing to the treatment levels
specified in this Manual, the OM&M Specialist will inform the LEA
and will take the corrective action necessary to achieve the
treatment levels specified in this Manual. Correction of treatment
problems will be verified by two consecutive compliant sample
results within a three month period.
2. Use of supplemental treatment technologies for new and replacement
systems may be restricted or prohibited where it has been determined
M
On-Site Wastewater Manual-•Part 4_OM,&M Program
Adopted March 16, 2010—Draft Update:August 24, 2010 and March 24, 2015
at $` Manual Part Four** Page 148
that a technology is not capable of consistently meeting treatment
standards under field conditions.
Chapter S. Corrective Action l"I na e d t1tyr > alloL >-
Corrective action for non-compliance with treatment standards may include the follow-
ing:
A. Notification of Non-Compliance
A Notification of Non-Compliance with the treatment sent to the system's certi-
fied designer and system proprietor;
B. Hearing
A hearing with the LEA and/or the Wastewater Advisory Committee;
C. Extended"testing
Extended'field testing of the system until, compliance can be verified;
D. Restricted or Prohibited Use
Restricted or prohibited use of the system for new and repair applications.