Big Bear Lake Municipal Code Ch. 8.56 Designated Maintenance Areas

A. The purpose of this chapter is to establish criteria and minimum requirements for allowing the continued discharge of sewage effluent from an approved on-site individual waste disposal system within designated maintenance areas as listed in Section 8.56.030 without the creation of nuisances, health hazards or pollution.

B. In enacting this chapter, the city council has determined that the designated maintenance areas as listed in Section 8.56.030 have unique topographical and hydrogeologic conditions which require the application of the provisions set forth herein in order to protect the public health, welfare and safety within and without the areas. The city council has determined at the same time that the application of such provisions to other areas of the city is not required to protect the public health, welfare or safety and would place unnecessary restraints upon the use of property in such other areas.

(Ord. 82-72 § 1 (part), 1982)

The following words shall have the following meanings:

A. "Department" means the department of environmental health services.

B. "Director" means the director of the city department of health services.

C. "Failing system" means a system which allows surfacing of effluent or septage, or backup of septage toward the fixtures.

D. "Owner" means any person who owns property, including improvements and possessory interests on U.S. Government land, from which sewage is generated or discharged. The term includes persons who hold a right, title or interest in such property for security purposes only.

E. "Person" means any individual, firm, corporation or governmental agency.

F. "Sewage" means any liquid waste which may include chemicals, house waste, human excreta, animal or vegetable matter in suspension or solution, and which is discharged from a dwelling, building or other establishment.

G. "Waste disposal system" means any process by which sewage is collected, treated or disposed of by subsurface means. For the purpose of this chapter, the term shall not include sewage holding tanks as defined in Section 8.52.020K.

(Ord. 82-72 § 1(part), 1982)

The following areas are designated maintenance areas as defined by maps on file with the clerk of the city council:

A. U.S. Forest Service Polique Canyon Tract;

B. Minnelusa Portion of the U.S. Forest Service Lakeview Tract;

C. San Bernardino County Service Area No. 70, Improvement Zone S-4;

D. San Bernardino County Service Area No. 70, Improvement Zone S-5;

E. San Bernardino County Service Area No. 70, Improvement Zone S-6.

(Ord. 82-72 § 1(part), 1982)

With the approval of the department, any person possessing the following qualifications may certify compliance of a waste disposal system with the standards and requirements of this chapter.

A. State license as a C-42 contractor;

B. State registration as a civil engineer;

C. State registration as a sanitarian;

D. State certification as an engineer geologist;

E. Employment with the city building and safety division as a city building inspector.

(Ord. 82-72 § 1(part), 1982)

Any person approved by the department to perform certification of compliance with this chapter may have his approval withdrawn or suspended for any one or more of the following causes:

1. if found by the department to have lost the status which qualified such person's approval; or

2. if found to have falsified a certification of a waste disposal system; or

3. if found to have provided any other false information to the department on a material question; or

4. if found to have failed to report an observed violation; or

5. if found generally to have performed in other than a diligent manner regarding any certification made with reference to this chapter.

A. Upon determining probable cause for withdrawing or suspending approval, the department shall give written notice to the person concerned to show cause why his approval should not be withdrawn or suspended.

B. The director shall use such methods as he deems appropriate, including a hearing, conducted by the director or his deputy, to determine the facts relating to withdrawal or suspension of an approval.

C. The decision of the director shall be final in all respects.

(Ord. 82-72 § 1(part), 1982)

The minimum requirements for the installation, location, separations, maintenance and abandonment of waste disposal systems shall be those adopted by the department for the specific designated maintenance area, as the same may be amended by the director from time to time and approved by the city council, as hereafter set forth, and the currently adopted edition of the Uniform Plumbing Code.

A. Part 1, Standards. The basic standards and criteria for liquid waste disposal systems within designated maintenance areas shall be as follows:

1. Septic tank/leach field systems shall be the preferred method of individual on-site sewage disposal and shall be utilized wherever possible under governing codes and criteria. Exceptions, modifications and alternative systems will be considered on a case-by-case basis and must be reasonably necessary and not in violation of the intent of governing codes and criteria, as determined from the language of the same in order to be allowed.

2. All liquid waste disposal systems shall be reviewed to determine compliance with these standards within one year of the date of adoption of the same. Within three years of adoption, systems shall be in compliance within thirty days or less as determined by the department.

3. Chemical toilets which discharge to on-site disposal methods shall not be allowed for existing or new development.

4. Pit privies shall not be allowed for existing or new development.

5. Cesspools shall not be allowed for existing or new development.

6. New wastewater disposal systems shall comply with the current in-effect edition of the Uniform Plumbing Code, and the provisions of this chapter, and be considered on a case-by-case basis. It shall be the responsibility of any applicant to provide such documentation as required by the director in order to demonstrate that no pollution, nuisance or health hazard will be created. Approval shall be obtained from the department prior to the issuance of a building permit.

7. No new or replacement liquid waste disposal system or the discharge component of that system shall be placed or installed on land with a ground slope greater than thirty percent unless engineering data is presented to show that no surfacing of effluents or groundwater contamination will occur.

8. Acceptable percolation rates shall conform to general city requirements.

9. All construction details shall conform to general city requirements.

10. Where required, holding tank installations, system modifications, and abandonment of liquid waste disposal systems shall conform to applicable municipal code requirements.

11. Minimum separations.

a. Septic tank to:

i. Water supply source, fifty feet,

ii. Buildings or structures 1 , five feet,

iii. Perennial streams, fifty feet

iv. Ephemeral streams, fifty feet,

v. Large trees 2 , ten feet,

vi. Disposal field(s), five feet,

vii. Private domestic waterlines (building service line), five feet,

viii. Public domestic waterlines (water purveyor's line), ten feet;

b. Soil absorption system to:

i. Water supply source, one hundred feet,

ii. Building or structures 1 , eight feet,

iii. Perennial streams, one hundred feet,

iv. Ephemeral streams, fifty feet,

v. Septic tank, five feet,

vi. Distribution box, five feet,

vii. Private domestic waterline (building service line), five feet,

viii. Public domestic waterline, ten feet,

ix. High ground water table level, five feet,

1. Includes porches and steps whether covered or uncovered, breezeways, roofed puerto-cocheres, roofed patios, carports, covered walls, covered driveways and similar structures or appurtenances.

2. Any tree with a trunk diameter of one foot or more.

3. The highest known level to which groundwater is known to have occurred rather than the level at the time when testing occurred.

x. Ground surface on sloping ground, fifteen feet. (When disposal fields are installed in sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be fifteen feet.)

12. Other Factors.

a. Special soil conditions:

i. Rapid percolation rates (less than five minutes/inch) may require substantial increases in the minimum separations normally applied,

ii. Special soil conditions may require special consideration by the department and must be considered on a case-by-case basis;

b. Special discharge conditions:

i. Protection of special resources (drinking water supply, recreation area, etc.),

ii. Fractured rock,

iii. Other (to be considered on a case-by-case basis).

B. Part II, Review Inspections and Maintenance. In accordance with applicable portions of this code, all existing liquid waste disposal systems within a designated maintenance area shall be reviewed to determine whether they are in compliance with applicable standards and criteria.

1. Where a wastewater disposal system was installed, under permit in 1965 or later, no inspection will be required other than to determine the system is functioning properly and not failing.

2. For systems installed prior to 1965, where documentation is provided to the department which substantiates compliance with current standards, no inspection will be required other than to determine the system is functioning properly and not failing.

3. Undocumented systems require an on-site certification inspection by a registered inspector to substantiate compliance.

4. Absent such a review and certification, the system will be deemed in noncompliance and must be upgraded to meet current standards within three years after adoption of these standards, provided survey inspection reveals the system is functioning properly and not failing.

5. All failing systems must be brought to code compliance within thirty days or less as determined by the department.

6. The director may require additional data in such cases if cause exists to suspect a pollution, nuisance or health hazard may be present. When initial inspection is required, it shall be performed by a person registered (registrant) with the department of environmental health services for that purpose. The registrant shall certify the system is in compliance and acceptable for continued discharge prior to permit issuance.

7. Required Initial Review of All Systems.

a. Physical Features and Improvements.

i. Verification of the type of system (e.g., septic tank/leach line system);

ii. Capacity and construction of the septic tank (to comply with requirements of the currently adopted in-effect Uniform Plumbing Code);

iii. A plot plan drawn with reasonable care and accuracy of the property showing the location of the liquid waste disposal system, all improvements, buildings, large trees and significant boulders; indicating the sewage disposal area; and showing that the distance from banks of all perennial and/or ephemeral streams to the nearest portion of the disposal system discharge is in compliance with the requirements of this code;

iv. Verification that all liquid waste discharges are made to an approved liquid waste disposal system;

v. The dimensions and absorption area of the soil absorption system (as per currently adopted in-effect Uniform Plumbing Code), when available;

vi. Data showing that separation between the bottom of the soil absorption system and the high level of groundwater is five feet or greater of suitable soil (when available, optional);

vii. Initial review is required within one year of adoption of these standards.

b. System Survey Inspection for Failures.

i. A determination whether any evidence is present indicating that the liquid waste disposal system is failing shall be made initially and every two years. This survey is to be performed on a routine basis by the department of environmental health services, or authorized representative, funded by a portion of the permit fee;

ii. This biennial survey shall consist of the following:

A. Review of the plot plan for any changes since the previous inspection;

B. Inspection of the liquid waste disposal system and site to determine if the system is failing;

C. Review of alternate liquid waste disposal system;

iii. At least fourteen days prior to the survey, the department of environmental health services shall provide by legal advertisement in a local newspaper, public notification of survey dates.

8. System Maintenance Requirements for All Systems.

a. On-going Maintenance.

i. Verification shall be submitted to the department of environmental health services prior to permit issuance of renewal indicating that the system has been pumped as necessary and at least once every six years.

ii. In lieu of pumping, the system may be inspected by a registrant at least once every six years according to the procedure set forth in the U.S. Health and Welfare Manual of Septic Tank Practice (or other method approved by the department) and certified as not requiring pumping or other maintenance.

b. Permit Requirements.

i. All generators of liquid wastes shall possess a valid permit as per provisions of this code within one year of adoption of these standards.

ii. Applicants with systems in compliance will be granted full permits. Applicants with noncompliance (but nonfailing) systems will be granted temporary permits until the systems are required to be in compliance.

iii. Permits must be renewed every two years. Temporary permits are not renewable.

(Ord. 82-72 § 1(part), 1982)

No one shall continue to discharge or continue to permit the discharge of sewage from an existing waste disposal system or to have a functional waste disposal within the designated maintenance areas, without first meeting and satisfying the following conditions:

A. The waste disposal system shall be in compliance with applicable portions of the minimum requirements mentioned in Section 8.56.060.

B. The system shall be reviewed and surveyed for certification of compliance with the minimum requirements mentioned in Section 8.56.060. The director may grant extensions for good cause.

C. The information for certification shall be submitted to the department by the owner or his agent in accordance with the adopted requirements, time schedule and standards referenced in Section 8.56.060. The director may grant extensions for good cause.

(Ord. 82-72 § 1(part), 1982)

Any new waste disposal system shall be in compliance with the minimum requirements mentioned in Section 8.56.060, except where an alternative system is approved by the director after determination that the purpose of this chapter as defined in Section 8.56.010 can be met. Any new waste disposal system on property leased from the U.S. Forest Service must be granted approval by that agency prior to installation.

(Ord. 82-72 § 1(part), 1982)

Any planned alteration to a dwelling which will alter the waste disposal system or alter the quality or increase the quantity of the sewage effluent discharged by that system shall be subject to the following:

A. Proposals for any such alterations shall be submitted to the department and not commenced until written approval has been granted by the director.

B. Such alterations shall be in compliance with the minimum requirements mentioned in Section 8.56.060.

C. Any alterations to the waste disposal system shall be in compliance with the minimum requirements mentioned in Section 8.56.060 and shall be approved by the director prior to the installation.

(Ord. 82-72 § 1(part), 1982)

A permit shall be required for each waste disposal system within the designated maintenance areas unless excluded. The permit shall be renewed biennially, and will be issued and renewed subject to the following:

A. Filing with the director of an application on a form approved by the director;

B. Payment of the required fee;

C. Verification by survey indicating that the system is not a failing system;

D. The permit and each renewal thereof shall be valid for a period of two years from the date of issuance;

E. The permit may be revoked by the director if operation of the system is causing or threatening to cause a hazard to health, a nuisance or pollution;

F. The permit may be transferred to a new property owner for its unexpired term, provided no deficiencies or violations are known to exist;

G. The director may grant a time extension for good cause;

H. Verification that the septic system was pumped within the last six years or inspected by a registrant and found to be not in need of pumping.

(Ord. 82-72 § 1(part), 1982)

Use of sewage holding tanks within the designated maintenance areas shall be in accordance with the provisions of Chapter 8.52 of this code, as the same may be amended from time to time.

(Ord. 82-72 § 1(part), 1982)

The department may charge permit fees as authorized by Section 16.0213(B)(b) of the San Bernardino County Code.

(Ord. 82-72 § 1(part), 1982)

A. The director or his representative may at any and all business hours during the day, with permission of the occupant or by court order, enter any and all places, property, enclosures and structures for the purposes of making examinations and investigations to determine whether any provisions of this chapter are being violated.

B. It is unlawful for any person to have upon his property a waste disposal system which constitutes a nuisance, a health hazard or a pollution hazard.

C. Every person who violates or fails to comply with any of the provisions of this chapter, or who procures, aids or abets in any such violation or failure, is guilty of a misdemeanor punishable by a fine not exceeding two hundred fifty dollars.

D. The continued existence of any violation of this chapter or of any order of the department issued pursuant to this chapter, beyond the time stipulated for compliance with its provisions, constitutes a separate and distinct offense.

E. Anything done, maintained or suffered in violation of any of the provisions of this chapter which constitutes a public nuisance dangerous to health may be enjoined or summarily abated in the manner provided by the law. Every public officer or body lawfully empowered so to do shall have the nuisance abated in a timely manner.

F. If any part or provision of this chapter is held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be thereby suspended, but to the extent possible such suspension shall not affect the validity or enforcement of the remainder of this chapter. The city council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portions thereof regardless if any other of the same were later found legally invalid or unenforceable.

(Ord. 82-72 § 1(part), 1982)

The provisions of this chapter, including the standards and requirements adopted in accordance with Section 8.56.060, shall be reviewed within seven years of adoption. The provisions and requirements contained in these sections shall expire seven years after adoption unless extended by action of the city council in public hearing.

(Ord. 82-72 § 1(part), 1982)