Del Norte County Municipal Code § 14.12 On-Site Sewage Disposal Systems 14.12.10 Authority 14.12.20 Purpose 14.12.30…

Division 7 of the California Water Code grants to the regional water quality control board jurisdiction over all discharges of waste, including those from individual waste treatment and disposal systems. Local agencies shall adopt and, as necessary, revise sewage disposal ordinances to be compatible with the water quality control plan for the north coast region. The regional board shall be notified of any adoptions or revisions.

(Ord. 88-34 § 2 (part), 1988)

Local regulatory agencies can effectively control individual waste treatment and disposal systems, provided they enforce ordinances and regulations designed to provide protection of water quality and the public health. This Chapter is intended to prescribe the local implementation necessary to tailor the provision of the Water Quality Control Plan to the operations of the county. If any section or portion of any section of this Chapter is found to be in conflict with any provisions of the Water Quality Control Plan for the Northcoast region, said plan shall prevail. Nothing in this Chapter is intended nor shall it be construed to transfer ownership, operational or financial responsibility for any on-site sewage disposal system to the County of Del Norte or any department or agency thereof.

(Ord. 2005-25B §2, 2005; Ord. 88-34 § 2 (part), 1988)

The installation, relocation, replacement, expansion or repair of an on-site sewage disposal system shall comply with the provisions of this chapter except as specifically exempted in this chapter.

(Ord. 88-34 § 2 (part), 1988)

1. County Health Officer and County Building Official.

   1. Applications for new or repaired alternative on-site sewage disposal systems shall be submitted to the health officer on a form provided by the health officer. Applications must contain sufficient information to show that the proposed on-site sewage disposal system will meet the requirements of the North Coast Regional Water Quality Control Board Basin Plan and this chapter.

   2. Applications for new or repaired standard on-site sewage disposal systems shall be submitted to the building official on a form provided by the building department in conjunction with the health officer. Applications must contain sufficient information to show that the proposed on-site sewage disposal system will meet the requirements of the North Coast Regional Water Quality Control Board Basin Plan and this chapter.

2. The health officer and the building official shall not issue a permit for any new on-site sewage disposal system that does not conform to the requirements of the North Coast Regional Water Quality Control Board Basin Plan and this chapter.

3. Upon receiving complaint or report of nuisance, the health officer shall determine compliance with this chapter and shall investigate alleged unsanitary conditions relating to sewage disposal systems or lack thereof and may require corrections as necessary to abate nuisances, water pollution and health hazards. The county health officer may collect soil samples, water samples, prepare analysis and other tasks in an investigation or reviewing capacity. Other departments of the County or other agencies may advise the health officer and may be requested to assist in the review of on-site sewage systems.

4. The health officer shall review applications to divide land which rely upon on-site sewage systems prior to such applications being found complete by the planning department. No application to divide land that utilizes or will utilize on-site sewage systems shall be found complete until the health officer determines that each proposed parcel meets all applicable requirements for on-site sewage disposal systems and approves the application in writing.

5. The health officer shall review all building permit applications for alternative on-site sewage disposal systems that have the potential to affect sewage flows, the sewage disposal area or the replacement area. No building permit utilizing an alternative on-site sewage disposal system that has the potential to affect sewage flows, the sewage disposal area or the replacement area shall be issued until approved in writing by the health officer.

(Ord. 2005-25B § 3, 2005; Ord. 88-34 § 2 (part), 1988)

1. No alternative on-site sewage disposal system shall be constructed, enlarged, altered, repaired, relocated, removed, or demolished unless a permit has first been obtained from the health officer.

2. No standard on-site sewage disposal system shall be constructed, enlarged, altered, repaired, relocated, removed, or demolished unless a permit has first been obtained from the building department.

(Ord. 2005-25B § 4, 2005; Ord. 88-34 § 2 (part), 1988)

1. Approved Disposal Required. All sewage shall be treated and disposed of in an approved manner.

2. Discharge of Sewage Prohibited. Discharge of untreated or partially treated sewage or septic tank effluent directly or indirectly onto the ground surface or into public waters constitutes a public health hazard and is prohibited.

3. Discharges Prohibited. No cooling water, air conditioning water, water softener brine, oil, hazardous materials or roof drainage shall be discharged into any system.

4. System Capacity. Each system shall have adequate capacity to properly treat and dispose of the maximum projected daily sewage flow. The quantity of sewage shall be determined from Table B in Section 14.12.130, or other information the county determines to be valid that may show different flows. Such other information may include but not be limited to water meter readings, historical flow, etc.

5. Material Standards. All materials used in on-site systems shall comply with standards set forth in these rules.

6. Future Connection to Sewage System. In areas where a district has been formed to provide sewerage facilities, placement of house plumbing to facilitate connection to the sewerage system shall be encouraged.

   7. Plumbing Fixtures Shall Be Connected. All plumbing fixtures in dwellings and commercial facilities from which sewage is or may be discharged, shall be connected to, and shall discharge into an approved on-site system.

   8. Replacement Area. The replacement area shall not be disturbed to the extent that it is no longer suitable for wastewater disposal. The replacement area shall not be used for the construction of buildings, parking, driveways, swimming pools, or any other use that may adversely affect the replacement area.

   9. Operation and Maintenance. All systems shall be operated and maintained so as not to create a public health hazard or cause water pollution.

   10. Cesspools. The use of cesspools and seepage pits for on-site treatment and disposal shall be prohibited.

   11. Lot/Parcel Size. It is the general policy of the county that all new parcels proposed for on-site sewage systems shall have a minimum of twenty thousand square feet of usable area, unless it is demonstrated that a smaller lot size will conform with the provisions of this chapter and any potential cumulative effects on groundwater or surface water have been evaluated and considered. In all cases the minimum lot size/parcel size must conform with other county ordinances and the adopted general plan.

   12. Property Lines Crossed. An on-site sewage treatment and disposal system shall be installed or proposed to be installed on the same parcel of land upon which the waste is being generated, and such land shall be the land of the owner of the system. When the property owner can demonstrate to the satisfaction of the health officer that the project parcel cannot support an on-site system and land immediately adjacent to the source of the wastewater can support the on-site system but is on another parcel of land and is the only viable method of wastewater disposal, an on-site sewage system may cross property lines. The county may impose conditions of approval which may include but not be limited to the following:

   13. A recorded permanent utility easement and covenant against conflicting uses, in a form approved by the county, is required whenever a system crosses a property line. The easement must accommodate that part of the system, including setbacks, which lies beyond the property line, and must allow entry to install, maintain and repair the system and agreeing not to put that portion of the other lot or parcel to a conflicting use and

   14. Whenever an on-site system is located on one lot or parcel and the facility it serves is on another lot or parcel, the owner shall execute and record in the county land title records, on a form approved by the county, an easement and a covenant in favor of the county, and allowing its officers, agents, employees and representatives to enter and inspect, including by excavation, that portion of the system, including setbacks, on the other lot or parcel.

   15. Temporary/Portable Toilets. Chemical or other acceptable portable toilets may be used for temporary or limited use such as recreational events, farm labor, construction sites, or public gatherings/ events provided, the pumping or cleaning of the portable toilet is the contractual responsibility of the sewage disposal service providing the portable toilet. Each portable toilet shall display the name of the business that is responsible for servicing the unit.

• (Ord. 2022-008 §1, 2022; Ord. 2005-25B §§ 5-6, 2005; Ord. 88-34 § 2 (part), 1988)

A site evaluation is the first step in the process of obtaining a permit to install a new on-site sewage system. Site evaluations are required to allow proper system design and to demonstrate compliance with site suitability criteria prior to issuance of a permit for a new on-site waste treatment and disposal system.

1. General. The project proponent for any land division or any other project that proposes to use on-site wastewater treatment and disposal systems shall submit an evaluation report providing sufficient explanatory information to demonstrate the suitability of the project site for on-site sewage treatment and disposal. The evaluation report must identify any assumption and limitations considered by the qualified professional preparing the evaluation. The evaluation report shall be prepared pursuant to subsection (B) of this section.

2. Site Specific Proposals. For project design, divisions of land and other site specific proposals, site evaluation reports shall comply with the provisions listed below and be based on two or more exploratory holes per parcel or proposed parcels, unless otherwise authorized by the health officer in writing.

   1. The engineer preparing the site evaluation report shall evaluate the site of the proposed system, shall consider all system options and shall provide a report of such evaluation.

   2. The site evaluation report shall be on or in a form approved by the county.

   3. The report shall contain, at a minimum the following:

      1. Narrative Description. A narrative description of the proposed development including:

         1. Basic property description,

         2. Proposed development,

         3. Site investigation methods and results,

         4. Assumptions used in evaluation of the site or design of the on-site sewage system,

         5. Any significant site constraints or other notable features of the property,

         6. Proposed water supply,

         7. An estimate of the wastewater quantity and quality.

      2. Site Evaluation Summary Sheet. This sheet should summarize technical information regarding the proposed building site with the following information:

         1. Property owner,

         2. Date, including date of all testing performed,

         3. Assessor's parcel map,

         4. Location,

         5. Lot size,

         6. Water supply, including existing and proposed wells,

         7. Ground slope in disposal field and replacement area, including percent and direction,

         8. Setbacks to significant site features such as wells, streams, drainage channels, ponds or lakes and steep slopes or cut banks for the septic tank and leach field,

         9. Depth to groundwater or soil mottling,

         10. Other factors noted (unstable landforms escarpments, etc.),

         11. Test holes, soils texture results, percolation test results,

         12. Depth of suitable soil beneath the proposed leach drain field.

      3. Plot Plan. A plot plan shall be attached showing to scale the following:

         1. Property boundary,

3. Test hole locations with distances to property lines and any significant identifying features, sufficient to plot these locations in the field and to be plotted on maps,

   3. Boundary of the primary and reserve leach field area,

   4. Significant site features such as streams, wells, steep slopes, wet area, ponds, cut banks, etc.

   4. System Design Sheet. A sheet showing the design parameters of the proposed primary and reserve leach field shall be provided with the following information:

      1. Septic tank sizing,

      2. Trench length calculations,

      3. Trench cross-section,

      4. Design flow.

      5. Site Testing Information. Attach all soils profiles, percolation test results and textural analysis reports completed on the parcel.

      6. Site evaluation reports for all divisions of land shall be based upon an evaluation of each lot and shall clearly show that each proposed lot is suitable for an on-site sewage disposal system and meets the requirements of the North Coast Regional Water Quality Control Board Basin Plan in this chapter.

      7. Specific conditions or limitations imposed on an approved site shall be listed on the evaluation report.

      8. Each page of each report shall contain a block in the upper right-hand corner which contains the follow ing information:

         1. Assessor's parcel number,

         2. Date of report,

         3. Each site evaluation report shall contain a statement by the preparer stating that such report and design (if included) complies or fails to comply with the provisions of this chapter and the regional water quality control board current basin plan and such statement shall contain a "wet signature" across the registration seal of the preparer issued by the state. If not in compliance with this chapter, the report shall note what exceptions or waivers are necessary and include an opinion of the preparer that with the granting of the exception or waiver, the site would be suitable for on-site disposal.

4. Site Evaluation Criteria. Site evaluation criteria shall be in accordance with the current guidelines

   • contained in the applicable water quality control plan for the north coast region approved by the north coast regional water quality control board, and as listed below:

     1. Minimum setback distances for features of individual water treatment and disposal systems shall be as listed in Table A in Section 14.12.130.

     2. When the ten-year flood level cannot be determined, setbacks from streams shall be measured from the top of bank/bank drop-off to stream, whichever provides the greatest separation.

     3. Natural ground slope in all areas to be used for effluent disposal shall not be greater than thirty percent. Where less than five feet of soil exists below the trench bottom, ground slope shall not exceed twenty percent. All soils to be utilized for effluent disposal shall be stable.

        1. Soil depth is measured vertically to the point where bedrock, hardpan, impermeable soils or saturated soils are encountered.

5. Where ground slope is twenty percent to thirty percent, minimum soil depth immediately below the bottom of the leaching trench shall be five feet.

   3. Where ground slope is less than twenty percent, a minimum soil depth of three feet immediately below the leaching trench may be permitted.

   4. Lesser soil depths may be granted only as a waiver or for alternative systems.

   4. Minimum depth to the anticipated highest level of groundwater below the bottom of the leaching trench shall be determined according to soil texture and percolation rate as follows:

Soil Texture* (percent silt and clay)^{Depth to Groundwater Below Leaching Trench}

• Must exist for a minimum of three continuous feet between the bottom of the leaching trench and groundwater.

• ** Or a percolation rate slower than 5 MPI.

• *** Granted only as a waiver or for alternative systems.

5. The preferred percolation test method is the Ryan Standardized Test. Percolation test results in the effluent disposal area shall not be less than one inch per sixty minutes (sixty MPI) for conventional leaching trenches and one inch per thirty minutes (thirty MPI) for seepage pits. Percolation rates of less than one inch per sixty minutes (sixty MPI) may be granted only as a waiver or for alternative systems. Zone 2 soils may not be subject to percolation test requirements for the purpose of site suitability (see Section 14.12.070(D3)(5)(b)(2)).

6. An adequate replacement area equivalent to and separate from the initial effluent disposal area shall be reserved at the time of site approval.

7. Method of Site Evaluation. Site evaluation methods shall be in accordance with the current guidelines contained in the applicable water quality control plan for the north coast regional water quality control board.

   1. Site features to be determined by inspection shall include:

      1. Land area available for primary disposal system and replacement area.

      2. Ground slope in the effluent disposal and replace ment area.

      3. Location of cut banks, natural bluffs, sharp changes in slope and unstable land forms with fifty feet of the disposal and replacement area.

      4. Location of wells, intercept drains, streams, and other bodies of water on the property in question and within one hundred feet on adjacent properties.

   2. Soil characteristics shall be evaluated by soil profile observations. One backhoe excavation in the primary disposal field and one in the replacement area shall be required for this purpose. A third profile shall be required if the initial two profiles show dissimilar conditions. Augered test holes shall be an acceptable alternative:

      1. Where use of a backhoe is impractical because of access.

      2. When necessary only to verify conditions expected on the basis of prior soils investigations or

8. When done in connection with geologic investigations. Where this method is employed three test holes in the primary disposal field and three in the replacement area shall be required.

   3. In the evaluation of new subdivisions, enough soil profile excavations shall be made to identify a suitable disposal and replacement area on each proposed parcel. The following factors shall be observed and reported from ground surface to a depth of at least five feet below the proposed leach field system:

      1. Thickness and coloring of soil layers and apparent United States Department of Agriculture (USDA) classification.

   4. Depth to and type of bedrock, hardpan, or im permeable solid layer.

   5. Depth to observed groundwater.

   6. Depth to soil mottling.

      1. Other prominent soil features such as structure, stoniness, roots and pores, dampness, etc.

9. The anticipated highest level of groundwater shall be estimated:

   1. As the highest extent of soil mottling observed in the examination of soil profiles or

   2. By direct observation of groundwater levels during wet weather conditions.

Where a conflict in the above methods of examination exists, the direct observation shall govern. In those areas which, because of parent materials, soils lack the necessary iron compounds to exhibit mottling, direct observation during wet weather conditions shall be required. A dry weather test may be rejected by the county where an inconsistency exists between the report submitted and other information on file with the county, or field observation does not support in the judgment of the county, the con clusions in the report submitted.

5. Determination of a site's suitability for percolation of effluent shall be with one of the following methods:

   1. Percolation testing of soils within Zone 3 and 4 shall be conducted during wet weather conditions. Per colation testing of soils falling within Zone 1 and Zone 2 may be conducted in non-wet weather conditions provided presoaking of the test hole is accomplished with (1) a continuous twelve-hour presoaking, or (2) a minimum of four complete refillings beginning during the day prior to that of the conduct of the test.

   2. Soils from the limiting soil layer observed within the excavated soil profile shall be obtained and analyzed for texture and bulk density according to methods prescribed by the regional board. The results shall be plotted on the soil textural triangle of Figure 2 of the water quality control plan for the north coast region as per the indicated in structions.

      1. Soils within Zone 1 shall be considered to have minimal filtration capabilities, requiring in creased depths to groundwater as per Table 7 of the water quality control plan for the north coast region.

      2. Soils within Zone 2 shall be considered suitable for effluent disposal without further testing.

      3. Soils within Zone 3 and 4 shall require percolation testing as per Section 14.12.70(D) (5)(a) to verify suitability for effluent disposal.

6. Wet Weather Criteria. Wet weather testing periods shall be determined by incorporating the following criteria as a minimum:

7. Between January 1st and April 30th; and

   2. Following ten inches of rain in a thirty-day period or after one-half of the seasonal normal precipitation has fallen.

Extension of wet-weather testing beyond the limits of the above criteria may be made in accordance with a program of groundwater level monitoring approved by the regional board.

The county may use wet-weather periods established by Humboldt County until such time as the county establishes its own program.

5. Qualifications Necessary of Person Preparing Site Evaluation Reports. One of the following registrations with the state is required of the person(s) preparing a site evaluation report, who may prepare such evaluation reports to the extent permitted state law:

   1. California Registered Civil Engineer.

   2. California Registered Environmental Health Specialist.

   3. California Registered Geologist or Soil Scientist.

6. Validity - Technical Rule Changes Shall Not Invalidate a Site Evaluation. Design criteria changes may require use of a different kind of system or changes in the submitted design. Physical changes, such as but not limited to grading of the site, may invalidate a favorable evaluation.

(Ord 2005-25B §§ 7-10, 2005; Ord. 88-34 § 2 (part), 1988)

1. Septic Tank. Septic tank size requirement and design shall be based on the current edition, adopted by the county, of the International Association of Plumbing and Mechanical Officials (IAPMO) Uniform Plumbing Code, except that the minimum size tank for residential use shall be one thousand two hundred gallons, the tank shall have more than one compartment and shall have inlet and outlet "T's" or baffles.

2. Leachfield System. For on-site systems of less than one thousand five hundred gallons per day (gpd), leachfield design and disposal area requirements shall be based upon the United States Public Health Services (USPHS) Manual of Septic Tank Practice (MSP). Those sections of the EPA Design Manual for on-site wastewater treatment and disposal systems that are equal to or more stringent than the basin plan and the MSP can be used for design and evaluation purposes. For on-site systems with greater than one thousand five hundred gallons per day (gpd), sizing shall be approved by the regional board.

3. Construction. Construction of disposal field and septic tanks shall be in conformance with the current edition, adopted by the county, of the IAPMO Uniform Plumbing Code. The county may require and/or approve more detailed or modified specifications when conditions warrant. Data supporting the suitability of an alternative means of construction shall be submitted by the applicant.

4. Sewage Flows. When quantities of sewage flow are not known or cannot be accurately determined, Table B in Section 14.12.130 shall be used to estimate sewage flow. Table B shall take precedence unless the applicant's engineer provides specific justification for different flows.

5. Setback Requirements. Minimum setback distances for individual waste treatment and disposal systems shall be as provided in Table A of Section 14.12.130.

6. Standard Systems. Standard on-site waste treatment and disposal systems may be developed for use in soil zones which have been demonstrated to comply with the provisions of this chapter and are effective designs of on-site sewage treatment and disposal.

7. Intercept Drains. The use of intercept drains to lower the level of perched groundwater in the immediate leachfield area shall be acceptable under the following conditions:

   1. Natural ground slope is greater than five percent,

   2. Site investigations show groundwater to be perched on bedrock, hardpan, or an impermeable soil layer,

   3. The intercept drain extends from ground surface into bedrock, hardpan, or the impermeable soil layer.

In no case shall the pervious section of an intercept drain be located less than fifteen feet upgradient or fifty feet laterally from any septic tank or leachfield, or twenty-five feet from any property line. Where all of the above conditions cannot be met, detailed engineering plans must be supplied or actual performance of the intercept drain demonstrated prior to approval.

8. Fills. The use of fills to create a leachfield cover shall be acceptable under the following conditions:

9. Where the natural soils and the fill material meet the evaluation criteria as described in Section III of the North Coast Regional Water Quality Control Board water quality control plan.

   2. Where the quantity and method of fill application is described.

   3. Where the natural slope does not exceed twelve percent.

   4. Where site investigations by a registered geologist, registered sanitarian or registered civil engineer demon strate that placement of fill will not aggravate slope stability or significantly alter drainage patterns or natural watercourses. The investigations are to be included in a report which contains engineered plans as well as a specific evaluation of the suitability of the system to accept wastewater and protect water quality.

   5. Leachfield sizing shall be based on the most limiting soil type within the filled area.

   6. Leachlines for wastewater disposal shall be placed entirely within natural soils. Except that fill material which has been in place for a sufficient period of time and otherwise has been demonstrated to meet site suitability criteria may be allowed. Fill material shall not be used to create a basal area for alternative systems or mounds.

10. Alternative Systems. Systems which have been demonstrated to the regional board to function in such a manner as to protect water quality and preclude health hazards and nuisance conditions may be approved by the county. Alternative systems are subject to a program of maintenance and inspections.

    1. Mounds. Where site conditions are determined to be suitable, use of mounds for wastewater disposal may be considered. The mound design shall be based on current edition of the Design Construction Manual for Wisconsin Mounds, Small Scale Wastewater Management Project, University of Wisconsin.

    2. Pit Privies. Pit privies may be utilized for sewage disposal on sites in rural areas which are designated by the board of supervisors for such use.

    3. Other alternative systems included in the current edition of the Basin Plan including but not limited to pressure distribution systems, at-grade systems, sand filters, and alternative systems that have been evaluated by the Regional Water Board staff and the County on a case by case basis.

11. Compliance Certificate. Each submittal for a new installation shall contain a statement by the preparer stating that the submitted design complies or fails to comply with the provisions of this chapter and such statement shall contain a "wet signature" across the registration of the preparer issued by the state.

12. Qualifications Necessary of Person Preparing On-Site Waste Treatment and Disposal System Designs. One of the following registrations with the state is required of the person(s) preparing an on-site waste treatment and disposal system design, who may perform such design services to the extent permitted by state law:

13. California Registered Civil Engineer.

14. California Registered Environmental Health Specialist.

15. California Registered Geologist or Soil Scientist.

(Ord. 2005-25B §§ 11-13, 2005; Ord. 88-34 § 2 (part), 1988)

1. Except for mounds, waiver of site suitability criteria and evaluation methods specified in this chapter may be granted by the county health officer or by the regional water quality control board when it can be satisfactorily demonstrated that water quality and public health will not be threatened as a result of such waivers.

2. Waivers may be granted for:

   1. Individual cases, or

   2. Defined geographical areas.

3. The county health officer may notify the regional board of the basis for each waiver. Prior to granting geographical area waivers, the county health officer shall submit technical justification to the regional board for review and con currence.

   4. Waiver requests shall be in a written form and, if granted, conditions of issuance may be attached to the waiver. A written justification for the requested waiver must be sub mitted with the request.

• (Ord. 88-34 § 2 (part), 1988)

1. Repair of Existing Systems. Failures of existing systems may involve the treatment and/or disposal portion of the system. Failures may be attributed to faulty construction methods, age, overloading, loss of filtration, ground water changes, etc.

   1. No person shall repair a failing system without first obtaining a repair permit.

   2. Repairs shall conform to the maximum extent possible the design criteria contained in this chapter.

   3. If, in the opinion of the county, adverse conditions exist that would preclude a successful repair, the inspector or county health officer may require additional information, including but not limited to a review by a California Registered Civil Engineer, California Registered Environmental Health Specialist, California Registered Geologist or Soil Scientist, or licensed plumber (all at the applicant's expense) to recommend a method of repair.

   4. If site characteristics prevent full compliance with the provisions of this chapter the county may allow a reasonable repair installation in order to eliminate a potential public health hazard.

2. Emergency Repairs. "Emergency repair" means the repair of a system where sewage is backing up into a dwelling or commercial facility, or there is a broken sewer pipe and immediate action is necessary to correct the situation.

   1. Emergency repairs may be made without first obtain ing a repair permit provided that an inspector of the county authorizes repair to begin and a repair permit is filed by the next working day.

   2. Emergency repairs are subject to the extent possible, the provisions of Section 14.12.080 of this chapter.

(Ord. 2005-25B § 14, 2005; Ord. 88-34 § 2 (part), 1988)

1. Regulation.

1. The owners of all property utilizing an alternative system or other non-standard system constructed after the adoption of this section are required to have their system inspected and a report prepared within six months but not less than three months of the final construction inspection or occupancy (whichever is the later) and at least once every two years thereafter. The contents of these reports shall be on a form provided by the health officer.

2. The owners of all property utilizing alternative systems, including those constructed prior to the adoption of this policy, are required to have their system inspected and a report prepared and submitted to the health officer at the time of a real estate transfer and every two years thereafter. When the real estate transfer involves no change in ownership as defined in this Section 14.12.105, subdivision D, "Exceptions," no inspection or report is required.

3. The owners of commercial property utilizing an alternative system are required to have their alternative system inspected if a change of use is proposed. The inspection may be waived if the applicant can demonstrate that the wastewater generation for the subject property will be equal to or less than previous flows.

4. Inspection.

5. The inspection shall be performed by a California Registered Professional Engineer, California Registered Environmental Health Specialist, California Registered Geologist or Soil Scientist, or a system inspector approved by the health officer who: (a) in the opinion of the health officer is qualified to perform such inspections and (b) has one year documented experience in satisfactorily performing such inspections and (c) has used or gained skills that demonstrate sufficient competence to perform such inspections.

6. In the event that the inspection finds evidence that the system is not operating as it was designed to operate, is failing, causing a nuisance or is in need of repair or replacement, the property owner shall take immediate steps to cease surface discharge of sewage if occurring (by pumping the septic tank or ceasing discharge to the system or by other means) and shall apply for a sewage disposal system repair permit.

7. If the inspection reveals evidence of sewage on the surface of the ground or other indications of obvious failure, the health officer shall be notified by the system inspector within twenty-four (24) hours.

8. Unless otherwise provided, on-site sewage disposal systems that are failing or causing a nuisance shall be abated using the nuisance abatement procedure set forth in this code.

3. Report.

1. Inspection reports submitted to meet the requirements of this section shall include the following information:

   1. The inspection procedure.

   2. Inspection observations.

   3. A plot plan showing the components and location of the system.

   4. A determination that the system is or is not operating as it was designed to operate.

   5. Other information deemed necessary by the health officer.

2. The health officer shall prepare and submit an annual report regarding alternative systems to the North Coast Regional Water Quality Control Board. The report shall meet the requirements of the North Coast Regional Water Quality Control Board Basin Plan.

3. Exceptions.

   1. An inspection shall not be required for the following:

      1. Transfers ordered by a court including but not limited to the administration of an estate, foreclosure, bankruptcy, eminent domain, divorce, decree of specific performance, or property settlement agreements.

      2. Transfers by mortgagee or for financing or refinancing.

      3. Transfers by a fiduciary in the course of administration of the decedent's estate, guardianship, conservatorship, or trust.

      4. Transfers from at least one co-owner to at least one other co-owner.

      5. Transfers made solely to any combination of a spouse or an individual in the lineal line of consanguinity of at least one of the transferors.

      6. Transfers made due to the recorded owner's failure to pay any federal, state, or local taxes.

      7. Transfers to or from a governmental agency.

      8. Transfers to a living trust.

   2. Real estate transfer inspections shall not be required for on-site systems that were installed, repaired or replaced and which received a satisfactory final inspection by the health officer within 24 months of the real estate transaction provided additional living space has not been added and/or there has been no change in use.

4. Routine alternative system inspection reports of alternative on-site systems may be used to meet the requirement of sale or transfer inspection when a copy of the inspection is provided as part of the sale and the report meets the requirements of this section.

(Ord. 2005-25B § 15, 2005)

1. Abatement of failing individual wastewater treatment and disposal systems shall be conducted by the county health officer in cooperation with the building inspections depart ment.

2. Then remedies in subsection (A) of this section are ineffective and for systems subject to waste discharge require ments, abatement shall be obtained through regional board enforcement action.

(Ord. 88-34 § 2 (part), 1988)

Whenever the following words are used within this chapter, they shall have the meaning ascribed to them in this section.

1. "Alternative system" is defined in Section 14.12.080, subdivision I.

2. "Building Official" means the Del Norte County Building official and his or her designees.

3. "Conventional on-site waste treatment and disposal systems" means any system using a standard septic tank for treatment and standard leaching trenches or seepage pit for effluent disposal.

4. "Cumulative effects" means the persistent and/or increasing effect of individual waste treatment and disposal systems resulting from the density of such discharges in relation to the assimilative capacity of the ground environment. Examples include salt or nitrate additions to groundwater, nutrient groundwater and between adjacent systems.

5. "Ephemeral stream" means any observable watercourse that flows only in direct response to precipitation. It receives no water from springs and no long-continued supply from melting snow or other surface source. Its stream channel is at all times above the local water table. Any watercourse that does not meet this definition is to be considered a perennial stream for the purposes of this policy.

6. "Failure" means the ineffective treatment and disposal of waste resulting in the surfacing of sewage effluent and/or the degradation of ground surface water quality.

7. "Greywater" means all waters generated in a household, or industrial and/or commercial place of business which do not contain toilet wastes.

8. "Health Officer" means the Del Norte County Health Officer and his or her designees.

9. "Groundwater" means any subsurface body of water which is beneficially used or is usable. It includes perched water if such water is used or usable, or is hydraulically continuous with used or usable water.

10. "Non-standard" means an alternative system.

11. "Incompatible use" means any activity or land uses that would preclude or damage an area for future use as an effluent disposal site. Includes the construction of buildings, roads or other permanent structures and activities that may result in the permanent compaction or removal of existing soil.

12. "On-site sewage disposal system" means any existing or proposed on-site sewage disposal system including, but not limited to a standard subsurface, alternative, experimental or non-water-carried sewage disposal system, installed or proposed to be installed on land of the owner of the system.

13. "Perennial stream" means any stretch of a stream that can be expected to flow continuously or seasonally. They are generally fed in part by springs.

14. "Permit" means the written document issued by the county which authorizes the permittee to install a system or any part thereof, which may also require operation and main tenance of the system.

15. "Septic tank" means a watertight receptacle which receives sewage from a sanitary drainage system, is designed to separate solids from liquids, digest organic matter during a period of detention, and allow the liquids to discharge to a second treatment unit or to a soil absorption facility.

16. "Septic tank effluent" means partially treated sewage which is discharged from a septic tank.

17. "Sewage" means water-carried human wastes, including kitchen, bath, and laundry wastes from residences, build ings, industrial establishments, or other places.

18. "Standard system" means prescriptive standard of on-site sewage disposal system consisting of a septic tank, distribu tion unit (if applicable), and gravity-fed absorption facility constructed in accordance with the provisions of this chapter and allow consideration of localized factors.

19. "Soil" means the unconsolidated material on the surface of the earth that exhibits properties and characteristics that are a product of the combined factors of parent material, climate, living organisms, topography, and time.

20. "Unstable landform" means an area which shows evidence of mass downslope movement such as debris flow, land slides, rockfills, and hummocky hill slopes with undrained depressions upslope. Unstable landforms may exhibit slip surfaces roughly parallel to the hillside landslide scars and curving debris ridges fences, trees, and telephone poles which appear tilted or tree trunks which bend uniformly as they enter the ground. Active sand dunes are unstable landforms.

• (Ord. 2005-25B §§ 16-19, 2005; Ord. 88-34 § 2 (part), 1988)

Table A, minimum setback distances, and Table B, quantities of sewage flows, are set out as follows:

TABLE A

*1 As measured from the line which defines the limit of the ten-year flood.

*2 As measured from the edge of the watercourse.

*3 As measured from the high water line.

*4 Where soil depth or depth to groundwater below the leach ing trench are less than five feet, a minimum setback distance of fifty feet shall be required.

TABLE B

Day, at schools and offices

15 (per shift)

150

(Ord. 88-34 § 2 (part), 1988)