Calaveras County Municipal Code Ch. 13.12 Sewage Disposal—unincorporated Areas

Footnotes:

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Prior ordinance history: Ords. 1285, 1424, 1450, 1727 and 1922.

For the purpose of this chapter, words and phrases are defined as follows unless it is apparent from their context that a different meaning is intended:

"Agency" means the Calaveras County environmental management agency as established under Chapter 2.22 of county code.

"Agency administrator" means the environmental management agency administrator, or any designated or authorized agent thereof. For purposes of this chapter, agency administrator may also be used interchangeably with director of environmental health.

"Application" means an application for a soil profile, system installation, tank replacement, site evaluation, land development or other activity as carried out under this chapter. An application does not constitute a permit.

"Board of supervisors" means the Calaveras County board of supervisors.

"Cesspool" means an excavation into the earth which is used for the reception of sewage or drainage from plumbing fixtures, which does not have watertight walls and bottom.

"Character of use" means the use which a sewage disposal system will service, i.e., single-family dwelling, retail store, restaurant, etc.

"Construct" means the act of construction.

"Construction" means the installation of a new system or part thereof, or the alteration or repair of an existing system.

"Consultant" means a registered civil engineer, registered environmental health specialist, or a registered geologist with specialty certification in engineering geology, as recognized by the state of California Department of Consumer Affairs. Registered geologists without the specialty certification in engineering geology may conduct soils investigations but may not perform designs or submit plans for sewage disposal system construction.

"Drainage system" means all the piping within public or private premises which conveys sewage, or other liquid wastes to a point of disposal, but shall not include the mains or laterals of a public sewer system.

"Engineered system" means an on-site sewage system that utilizes the components of a standard system, but that modifies or supplements those components with a special design or designs, such as sand filters, pumps, pressure distribution, interceptor drains, etc.

"Health officer" means the health officer of the county or any designated or authorized agent thereof.

"On-site sewage department" means the department directly responsible for carrying out the provisions of this chapter.

"Permit" means the formal written approval of an application.

"Privy" means a structure used as a toilet under a part or all of which is an unlined pit intended for the reception of human waste.

"Public sanitary sewer" means any sewage disposal system operated and maintained by any municipality, district or public corporation, organized and existing under and by the virtue of the laws of the state for the benefit of the public.

"Septic tank" means a watertight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge to a subsequent treatment unit or to a sewage disposal system.

"Sewage" means any liquid waste or water-carried solid waste containing organic or inorganic matter in suspension or solution, including kitchen, bath and laundry wastes from residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, surface water or industrial waste as may be present.

"Sewage disposal permit" means a written permit issued by the agency administrator permitting the construction of an individual sewage disposal system under this chapter.

"Sewage disposal system" means a system for disposal of sewage other than a public or community system, including, but not limited to, septic tank-soil absorption systems and chemical toilets.

"Sewer well" means and includes all of the following:

1. Any hole dug or drilled into the ground and intended for use as a water supply, which has been abandoned and is being used for the disposal of sewage.

2. Any hole dug or drilled into the ground, used or intended to be used, for the disposal of sewage and extending to or into a subterranean water-bearing stratum that is used, or may be used, or is suitable for a source of water supply for domestic purposes.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1922 § 2, 1987; Ord. 1424 § 1, 1981; Ord. 1285 § 1, 1980).

(Ord. No. 3082, 4-11-2017)

Except as otherwise expressly provided, this chapter shall apply to all territory lying within the limits of the county, excluding any territory lying within an incorporated city.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 2, 1980).

(Ord. No. 3082, 4-11-2017)

It is unlawful to maintain or use any residence, place of business or other building or place where persons reside, congregate, or are employed which is not provided with a means for the disposal of sewage complying with this chapter, the rules and regulations of the agency administrator promulgated under this chapter, and the California Health and Safety Code as enforced by the health officer.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 3, 1980).

(Ord. No. 3082, 4-11-2017)

If the drainage system of a building is within two hundred feet of a public sanitary sewer, and the owner of the building may lawfully connect to the public sanitary sewer, such connection must be made in the most direct manner possible and in accordance with the rules and regulations of the operator of the public sanitary sewer.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 4, 1980).

(Ord. No. 3082, 4-11-2017)

All sewer wells, cesspools or privies are public nuisances and it is a violation of this chapter to construct, maintain or operate a sewer well, cesspool or privy.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 7, 1980).

(Ord. No. 3082, 4-11-2017)

It is unlawful for any person to construct or operate any septic tank, sewage treatment works, sewer pipes or conduits, drainage systems, or other means for the disposal, treatment or discharge of sewage without first obtaining a sewage disposal permit therefor from the agency administrator.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 5, 1980).

(Ord. No. 3082, 4-11-2017)

The board of supervisors establishes the following fees to take effect on the twenty-eighth day of July, 1993:

A. Monitoring: Seven dollars per new installation permit;

B. Recording: Five dollars per new installation permit.

(Ord. 2921 (part), 2007: Ord. 2324 § 2, 1993).

(Ord. No. 3082, 4-11-2017)

A. Applications for sewage disposal permits shall be filed with the Calaveras County environmental management agency/on-site sewage department.

B. Each such application shall contain a detailed plan (scaled plot plan) and description of the proposed sewage disposal system and construction thereof. The application shall also contain the character of use of the proposed sewage disposal system and such other information in such form as to comply with the changes in the law.

C. Applications for septic tanks and other subsurface drainage systems shall, in addition to the information required in this section, set forth the type and depth of soils. Plot plans shall identify the distance from the existing or proposed septic system to wells, springs and other waters used for domestic purposes from the proposed installation site.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 9, 1980).

(Ord. No. 3082, 4-11-2017)

A. The application, and any plans, specifications, or other data, filed by an applicant shall be reviewed by the agency administrator. When the application is found to conform with the requirements of this chapter and any other pertinent laws, ordinances, rules or regulations, the application and any required plans shall be stamped "APPROVED."

B. Applications and plans for which no permit is issued within three hundred sixty-five days following the date of approval shall expire by limitation, become null and void, and the application, plans, specifications, or other data submitted for review may thereafter be destroyed by the agency administrator.

C. The agency administrator may administratively extend the time for action by the applicant for a period not to exceed one hundred eighty days upon written request by the applicant.

D. No application shall be extended more than once. In order to review action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1922 § 3, 1987).

(Ord. No. 3082, 4-11-2017)

A. The agency administrator shall not approve or issue a sewage disposal permit for the construction of any septic tank, sewage treatment works, sewer pipes or conduits or any other means for the disposal, treatment, or the discharge of sewage unless:

1. The means or proposed means for the disposal, treatment or discharge of sewage will not permit the escape of any noxious odors, vapors, or gases;

2. The means or proposed means for the disposal, treatment or discharge of sewage will not permit the ingress and/or egress of flies, rodents or other insects or animals;

3. The means or proposed means for the disposal, treatment or discharge of sewage will not permit the sewage to empty, flow, seep, drain or otherwise enter and pollute any stream, river, lake or other waters of the state, groundwater or any other waters which may be used or suitable for use for domestic or agricultural purposes;

4. The means or proposed means for the disposal, treatment or discharge of sewage shall not be offensive, injurious or dangerous to health;

5. The means or proposed means for the disposal, treatment or discharge of sewage conforms to the rules and regulations of the county for the disposal and treatment of sewage.

B. When the agency administrator issues the permit where plans are required, he or she shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the agency administrator, and all work shall be done in accordance with the approved plans.

C. One set of approved plans, specifications and computations shall be retained by the agency administrator for county records; and one set shall be kept on the site of the work by the permittee at all times during which the work authorized thereby is in progress.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1922 § 7, 1987: Ord. 1285 § 8, 1980).

(Ord. No. 3082, 4-11-2017)

A. Every permit shall be valid for a period of three hundred sixty-five days to complete work authorized by the permit.

B. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit or complete work under that permit.

C. Unless issued prior to August 7, 2007, no permit shall be extended more than once. Permits may be extended more than once. The agency administrator may extend the time for action by the permittee for a period not to exceed three hundred sixty-five days upon written request by the permittee. Such request for extension shall be subject to conformance with regulations in force at the time of extension request. In addition, the permittee shall pay any incremental increase in permit fees beyond those already paid.

D. In order to renew work on a permit after expiration, the permittee shall pay a new permit fee, provided the plans conform with current regulations; and provided further, that the permit has not been expired for a period of more than three hundred sixty-five days.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1922 § 4, 1987).

(Ord. No. 3082, 4-11-2017)

The agency administrator may order changes to an existing sewage disposal system's method and location for the disposal, treatment, or discharge of sewage to prevent the system from becoming, or being, a nuisance or hazard to the health of humans or animals. Such orders shall designate a reasonable period of time within which the stated changes must be made.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 10, 1980).

(Ord. No. 3082, 4-11-2017)

A. A sewage disposal permit must be obtained from the agency administrator prior to the construction of a sewage disposal system.

B. To assure that sewage disposal systems are not injurious, harmful to water quality, dangerous to health, or nuisances, the board of supervisors shall make and establish rules and regulations, which may be amended from time to time, regarding the design, size, constituent materials, location, and manner of construction of sewage disposal systems, in accordance with Section 13.12.150 of this chapter.

C. Every sewage disposal system shall be constructed in strict compliance with such rules and regulations and with the terms and conditions of the sewage disposal permit for the construction thereof.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 6, 1980).

(Ord. No. 3082, 4-11-2017)

A. The agency administrator is authorized to make such inspections as are necessary to determine proper installation and operation of sewage disposal systems in compliance with this chapter and any rules and regulations promulgated under this chapter.

B. Owners or occupants of real property shall give the agency administrator access to their property at reasonable times for the purpose of making such inspections as are necessary to determine compliance with this chapter.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 11, 1980).

(Ord. No. 3082, 4-11-2017)

No work done under any sewage disposal permit shall be covered, concealed, or put into use before it has been inspected and approved by the agency administrator. For those installations occurring prior to the adoption of Ordinance No. 1285 (May 1980), documentation of a final building permit presumes a final septic permit.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 12, 1980).

(Ord. No. 3082, 4-11-2017)

A. The sewage disposal system shall be given an open-trench inspection by the agency administrator before any work other than excavation is commenced on the parcel. "Work," as used in this section, includes construction of any structure with internal plumbing, including the construction of a foundation for such a structure, but excluding drilling of a well or the excavation for foundation and driveway.

B. If the agency administrator finds that compliance with subsection A of this section would be detrimental to the ultimate operation of the sewage disposal system, a variance may be granted to allow construction for a structure prior to open-trench inspection.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1450 § 3, 1981).

(Ord. No. 3082, 4-11-2017)

A. Contrary provisions of this chapter notwithstanding, the agency administrator may grant special sewage disposal permits for limited periods of time if the application of this chapter or any rules and regulations promulgated under it would, during such limited periods of time, be impractical or unnecessary, and if the granting of such special permit would be consonant with the purpose of this chapter.

B. In issuing such special sewage disposal permits, the agency administrator may prescribe such conditions as are necessary to protect the public health, safety or the environment.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 13, 1980).

(Ord. No. 3082, 4-11-2017)

A. The agency administrator may grant an administrative variance from any standard set forth in this chapter where written substantial evidence is submitted by a consultant as defined in this chapter that an unusual circumstance or unnecessary hardship would result from the application of the standard. Under no circumstance shall the granting of a variance create a hazardous condition or endanger public health, safety or the environment.

B. Applications for a variance shall be submitted to the agency administrator along with written substantial evidence supporting the request for a variance and any applicable fees. The agency administrator shall give notice to adjacent property owners of any variance granted. The agency administrator shall issue findings with respect to its determination of the request for a variance.

C. Prior to final approval of any such system, the designer thereof shall:

1. Submit to the agency administrator a written verification, based on field inspection, that the system has been installed as shown on the plans; and

2. Submit a scaled as-built drawing depicting tight lines (sanitary building sewage disposal system), septic tank and associated appurtenances and disposal field.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 14, 1980).

(Ord. No. 3082, 4-11-2017)

A. The board of supervisors may adopt, amend and repeal rules and regulations to further define the provisions of this chapter and to assist in carrying out the provisions of it. Such rules and regulations must be consistent with this chapter, and may only be adopted, amended or repealed after a public hearing held by the board of supervisors.

B. Public notice of any such hearing shall be given at least seven days in advance thereof in a newspaper of general circulation published in the county. Such notice shall include the time and place of hearing, information concerning the proposed changes and identification of where a copy of the complete text of the proposed rules and regulations may be obtained.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 15, 1980).

(Ord. No. 3082, 4-11-2017)

A. The agency administrator's decision on an application for a permit, or a request for variance, may be appealed by the applicant or any interested person to the board of supervisors whose decision shall be final. Appeals shall be filed with the clerk of the board within fifteen calendar days after notification by the agency administrator of the act claimed to be contrary to law, and shall specifically state the grounds on which the appeal is based. The clerk of the board shall set an appeal for hearing within fifteen days or as soon thereafter as can be agendized for review. The clerk of the board shall also notify the appellant and the agency administrator in writing, of the time so set at least five days prior to the hearing.

B. After such hearing, the board may reverse, wholly or partly, or may modify the order or determination appealed from.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1727 § 1, 1985: Ord. 1285 § 16, 1980).

(Ord. No. 3082, 4-11-2017)

A. The agency administrator may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error, or on the basis of incorrect information supplied, or in violation of this chapter or any other ordinance or regulation.

B. The agency administrator may also suspend or revoke a permit issued under the provisions of this chapter when it is found that the system for which the permit is issued degrades water quality or threatens the public health, safety or the environment.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1922 § 5, 1987).

(Ord. No. 3082, 4-11-2017)

The agency administrator is authorized to enforce the provisions of this chapter and the rules and regulations promulgated under it.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 17, 1980).

(Ord. No. 3082, 4-11-2017)

A. Any person violating the provisions of this chapter or any rules or regulations promulgated under it shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months or by both such fine and imprisonment.

B. Every violation of any provision of this chapter shall constitute a separate offense for each day during which such violation continues.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1285 § 18, 1980).

(Ord. No. 3082, 4-11-2017)

A. Fees shall be assessed in accordance with the provisions of this chapter and as set forth in the fee schedule adopted by the board of supervisors. Fees shall be paid for plan review, issuance of a permit, inspections and reinspections and appeals of permit denials.

1. When a plan or other data are submitted by a consultant, a plan review fee shall be paid at the time of submitting plans and other data for review. Where submitted plans are incomplete or changes are required so as to necessitate additional plan review, an additional plan review fee shall be charged.

2. Permit fees shall be paid in addition to any other fees and paid at the time a permit is applied for.

3. An inspection or reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

B. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the agency administrator.

C. To obtain a reinspection, the applicant shall first pay a reinspection fee. This is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before a job is ready for such inspection or reinspection.

D. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

(Ord. 2921 (part), 2007: Ord. 2250 § 1 Exh. A(part), 1992: Ord. 1922 § 6, 1987).

(Ord. No. 3082, 4-11-2017)

Annual reports on onsite wastewater treatment system (OWTS) program activities shall be provided to the Central Valley Regional Water Quality Control Board. Unless otherwise requested, reports will be submitted within sixty days of the close of the calendar year. Reports will be submitted in tabular format from an Excel spreadsheet and will include:

A. Number and location of complaints pertaining to OWTS operation and maintenance, and a summary of how these issues were resolved; and

B. Registrations issued as part of the septic tank cleaning registration program (California Health and Safety Code Section 17400 et seq.), with copies of data on septic tank cleaning locations and sewage disposal volumes available upon request; and

C. Number, location and description of permits issued for new and replacement OWTS, including the regulatory tier under which they were issued.

(Ord. No. 3082, 4-11-2017)

All records pertaining to each onsite wastewater treatment systems (OWTS) permitted by the county shall be retained permanently. These records shall be made available for review within ten working days upon written request by the regional water board. The records for each permit shall reference the Tier under which the permit was issued.

(Ord. No. 3082, 4-11-2017)