Eastvale Municipal Code Ch. 16.124 Sewage Discharges

(a) It is unlawful for any person to discharge or deposit or cause or permit to be discharged or deposited any sewage, sewage effluent or nonhazardous waste, whether treated or untreated in or upon any incorporated area of the city, including any deposit or discharge of sewage into streams or bodies of water above or below the ground. When sewage, other than the discharge from an approved sewage treatment plant, is overflowing or being discharged upon the surface of any premises, the director may order the owner of the premises or occupants thereof who contribute to such overflow or discharge to abate the same forthwith.

(b) It is unlawful for any person to install or alter plumbing facilities or drainage systems for the discharge or deposit of any sewage, sewage effluent, or nonhazardous waste from any dwelling, house or building or appurtenance thereof in or upon incorporated area of the city, or into streams or bodies of water above or below the surface where the same is, or may be carried through, or upon, incorporated area of the city, without first securing, in the manner hereinafter provided, an approval and permit from the department.

(c) It is unlawful for any person to install any structure or paving in the areas identified for OWTS tank access or the primary and expansion dispersal area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative system or alternative OWTS means any OWTS that does not meet the criteria of a conventional OWTS, but is allowed under conditions specified by the department.

Approval means the written approval by the director or designated representative of a plan to install, construct, reconstruct, convert or alter any OWTS which discharges or disposes of sewage, sewage effluent, or nonhazardous waste.

Construction permit means a permit issued by the department authorizing the permittee to install, construct, reconstruct, convert or alter any OWTS.

Conventional septic system means an OWTS consisting of a septic tank and department-approved subsurface gravity dispersal system.

Critical area means those areas determined by the director to be difficult for installation of an OWTS due to, but not limited to, one or more of the following: lot size, seasonal groundwater, slope or poor soil conditions.

Department means the county department of environmental health.

Department's manual means the technical document identifying the requirements and procedures for the OWTS evaluation and design as developed and provided by the department.

Director means the director of the department of environmental health or designated representative.

Dispersal system means the trench, seepage pit, mound, drip irrigation or evapotranspiration and absorption system for final wastewater treatment and subsurface discharge.

Failure means a condition of an OWTS that threatens public health or water quality by creating a potential for direct or indirect contact between sewage and the public. Examples of failure include:

(1) Sewage leaking to ground surface or groundwater;

(2) Sewage backing up into a structure caused by slow OWTS soil absorption of septic tank effluent;

(3) Inadequately treated sewage causing pollution of groundwater or surface water;

(4) Noncompliance with standards stipulated in the permit issued for the OWTS based upon the protection of human health, water quality and the environment.

Holding tank means a sewage facility, of a temporary nature, that has no means of discharge and requires periodic maintenance and shall have a renewable operating permit issued by the department.

Major repair means OWTS improvements or corrective work where such improvements involve the replacement, enlargement or modification of a septic tank, treatment unit or dispersal system (excluding nonperforated distribution pipes), regardless of whether or not a failure condition exists. Such repairs shall require a construction permit from the department.

On-site wastewater treatment systems (OWTS) means any individual or community on-site wastewater treatment, pretreatment and dispersal system, including, but not limited to, a conventional or alternative OWTS having a subsurface discharge.

Operating permit means an annual permit issued by the department authorizing the permittee to operate an OWTS.

Permit means either a construction permit or operating permit as defined within this section.

Person means any person, firm, partnership, corporation, association, club or organization.

Qualified service provider means a state-licensed contractor with knowledge and competency in OWTS design, construction, operation, maintenance and monitoring through experience and/or education. Effective January 1, 2007, and thereafter, a qualified service provider must meet certification requirements as established by the director.

Sewage or sewage effluent means waste as defined in Health and Safety Code § 5410(a).

Sewage facilities means OWTS, sanitary sewer connections, holding tanks, alternative systems or other methods of disposing of sewage as approved by the director.

Soil means the naturally occurring body of porous mineral and organic materials on the land surface, and is composed of unconsolidated materials above bedrock. Soil is composed of sand-sized, silt-sized, and clay-sized particles mixed with varying amounts of larger fragments and organic material. The various combinations of particles differentiate specific soil textures identified in the USDA soil classification chart. For the purposes of this chapter, soil shall contain earthen material having more than 50 percent of its volume composed of particles smaller than 0.08 inches (two millimeters) in size.

System certification means an expression of professional opinion that the OWTS, or its components, meets industry standards that are the subject of the certification but do not constitute a warranty or guarantee, either expressed or implied. System certifications shall be performed by a qualified service provider using forms and procedures established or approved by the director.

Weathered bedrock means a rock that has been exposed to the atmosphere at or near the earth's surface and changed in color, texture, composition, firmness, and/or form as a result of the exposure with little or no transport of loosened or altered material. For purposes of this chapter, weathered bedrock is not soil.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) No person shall erect, construct, rebuild, convert or alter any plumbing system designed for the discharge or disposal of sewage or sewage effluent unless he has first obtained a written approval for such purpose from the director. In designated areas of the city, this approval shall also constitute a construction permit.

(b) If it is impracticable to connect a plumbing fixture affecting the sanitary drainage system with a street sewer, the sewage effluent must be disposed according to the minimum standards of the most recent edition of the Uniform Plumbing Code and the sewage disposal requirements in the department's manual, as such requirements may be amended from time to time. Setback requirements between subsurface sewage disposal components (including septic tanks, distribution and leaching systems) and any water well shall be as specified in county Ordinance No. 682, section 15, regulating the construction, reconstruction, abandonment and destruction of wells.

(1) The type of sewage facilities installed shall be determined on the basis of location, soil porosity, site slope and groundwater level, and shall be designed to receive all sanitary sewage from the property. No surface drainage shall be permitted to enter any part of the OWTS. The OWTS, except as otherwise provided, shall consist of a septic tank with effluent discharging by gravity flow into a dispersal system. Under special circumstances (when conventional parameters cannot be met), other disposal methods may be utilized with the approval of the director.

(2) OWTS sizing shall be based on the higher volume estimation as determined by either the number of bedrooms or plumbing fixture unit counts.

(3) The location and installation of the sewage facilities and each part thereof shall be such that, with reasonable maintenance, the OWTS will function in a sanitary manner and will not result in contamination, pollution or creation of a nuisance or endanger the safety of any domestic water supply or public health.

(4) New OWTS or OWTS subject to major repair shall be designed to prevent solids in excess of one-eighth inch in diameter from passing to the dispersal system while under two feet of hydrostatic head. Septic tanks that use National Sanitation Foundation (NSF)/American National Standards Institute (ANSI) Standard 46, certified septic tank filter at the final point of effluent discharge from the OWTS and prior to the dispersal system shall be deemed to meet this requirement.

(5) Septic tanks shall have at least two access openings using risers that allow access to the tank interior meeting the following requirements:

a. Each compartment shall have an access opening;

b. Access openings shall be at least 20 inches in diameter;

c. Access openings shall be secured (locked or equivalent) to prevent unauthorized access; and

d. Access openings shall have watertight risers and shall be set at or near finished grade.

(6) Dispersal systems shall be sited in soils that are suitable for new and repaired OWTS operation. Where soils consist of greater than ten percent rock fragments (cobbles, stones and gravel), the dispersal system area shall be increased in proportion to the percent of rock fragments to compensate for the lost treatment volume.

(7) Conventional OWTS dispersal systems shall have at least five feet of continuous soil below the bottom of the dispersal system and above the seasonal high groundwater level and eight feet of soil to fractured/weathered bedrock at all times.

(8) Approval of an OWTS shall require: detailed plan review, and presite and construction inspections.

(c) OWTS installation.

(1) The installation shall be performed by a qualified service provider in a manner that is consistent with the approved plan design.

(2) In the event that conditions on-site prevent the installation or function of the OWTS as designed, a revised design plan must be submitted to and approved by the department prior to installation.

(d) Construction inspection. All OWTS shall require a construction inspection and final approval by either the department or the department of building and safety prior to use.

(e) Any person desiring approval of an OWTS shall submit an application on a form to be provided by the department. Such application shall be accompanied by a fee in an amount as established by the city council from time to time. The application shall contain the following information:

(1) Name and address of applicant;

(2) Location of the proposed installation or reconstruction;

(3) A scaled, engineered contoured plot plan describing the proposed construction or alteration in sufficient detail to enable the director to determine whether the proposed installation or alteration is in compliance with the provisions of this section. All drawings must be made on a scale not less than 20 feet to an inch;

(4) Other information as deemed necessary by the director to adequately determine the suitability of a site for the utilization of an OWTS. This information may consist of, but is not limited to, one or more of the following:

a. A soils percolation report which adequately evaluates soil percolation requirements as prescribed in the department's manual. When a soils percolation test is to be performed, the department is to be notified so that department staff can be made available to observe the testing.

b. A groundwater and/or bedrock evaluation report. To effectively evaluate seasonal groundwater, a minimum of 80 percent of the average annual rainfall shall have fallen based on the records of rainfall accumulations from the nearest weather stations. To measure the groundwater level, a groundwater detection boring shall be installed and this detection boring shall be left in place for the department to make determinations of the groundwater levels. The exact specifications for this detection boring shall be as prescribed in the department's manual.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

A holding tank may be approved by the director if approval to utilize an OWTS has been denied; provided the sewering agency which serves the area agrees in writing to the installation of a holding tank and the following conditions are met:

(1) A holding tank may be approved for a period not to exceed two years from the date of approval. A "will serve" letter from the sewering agency which serves the area shall be submitted which indicates the site can be provided sewer service within the two-year approval period. An extension of the two-year approval may be considered upon notification from the sewering agency.

(2) The sewering agency for the area takes responsibility for the operation and maintenance of the holding tank.

(3) No wholesale or retail food facilities shall be approved for connection to a holding tank.

(4) When a sewer line becomes available, abandonment of the holding tank in a proper manner and connection to the sanitary sewer will be required within a period not to exceed 60 calendar days.

(5) A holding tank may be approved as a replacement system for an existing residence when an OWTS is not feasible if approved in writing by the director.

(6) No holding tank facility shall be placed in any portion of a public right-of-way without written approval from the responsible public agency.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) All new or repaired alternative OWTS shall be subject to an annual operating permit.

(b) Any OWTS subject to this section must be inspected yearly and cleaned (pumped) at least once every five years, unless otherwise specified by the manufacturer or department, by a person holding a valid permit as authorized by county Ordinance No. 712, as amended.

(c) Renewal of subsequent operating permits shall be completed by the property owner or agent on or before the expiration of the permit on forms provided by the department and shall include:

(1) Proof of appropriate on-going maintenance;

(2) Proof of septic tank pumping pursuant to the timeframe specified in subsection (b) of this section;

(3) Alternative OWTS with advanced treatment shall include evidence of a current maintenance agreement with the manufacturer or other qualified service provider and copies of that company's evaluation/inspections of the OWTS. Such agreement shall include evaluations by the service provider of a frequency no less than once every three months, with direct visual inspection at a frequency of no less than once every six months;

(4) Proof of repairs or alterations to an OWTS must be submitted when such repairs have been required by the department;

(5) Any and all OWTS reports required as part of the OWTS design approval.

(d) Within 60 days of a change of ownership, the new owner must transfer the permit into the owner's name, using forms provided by the department.

(e) Every OWTS subject to this section shall be subject to an annual inspection by the department to ensure it is operating in a satisfactory manner.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Initial application review.

(1) Applicants shall be notified of incomplete or inaccurate applications within ten working-days after the date of the filing of the application. The applicant may make the proper corrections and resubmit the corrected application.

(2) Except as to incomplete or inaccurate applications as hereinabove provided, all applications shall be approved or denied, in whole or in part, within 15 working-days after the date of filing. If an application is denied, in whole or in part, the applicant may amend the application and resubmit the amended application.

(b) Revocations of approvals or permits.

(1) An approval or permit may be revoked by the director for failure of the applicant to provide proper, complete and accurate information regarding site conditions for a proposed OWTS.

(2) An approval or permit previously granted may be rescinded if soil conditions change significantly prior to construction in a manner that would affect the proper operation of an OWTS.

(c) Hearing before the city council. Any person whose application for an approval or permit has been denied, in whole or in part, or to whom a certificate of completion has been refused, or an entire approval or permit has been revoked may, within 30 days after such action has been taken, appeal to the city council for a hearing by filing with the city clerk, in writing, a notice of appeal from the action taken by the director. The city clerk, immediately upon a receipt of a notice of appeal, shall set a date for a hearing thereon, such hearing to be not less than ten nor more than 30 working-days from the filing of such notice. At the hearing, the city council shall receive all pertinent oral and documentary evidence hereon. Upon the conclusion of the hearing, the city council, within 15 working-days, shall render its decision in reference to the subject matter of the appeal. The decision by the city council shall be final.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) In the event an OWTS is determined to be in failure by the director, an order shall be given to abate the failure.

(b) The property owner, agent or occupant shall be given a notice and reasonable time to abate the stated failure. If the OWTS failure is contributing to an immediate hazard or contamination to a public access or body of water, immediate remedy shall be required.

(c) If a determination of an immediate hazard is made by the director which could potentially contaminate a body of water or public area, such as, but not limited to, sewage effluent flow onto a public roadway, culvert, drainage ditch, dry or active stream or river bed, the property owner, agent and/or occupant must take measures to abate the failure immediately.

(d) When reasonable effort to contact the owner, agent, or occupant is unsuccessful, or upon refusal to abate the OWTS failure, the director may designate it an imminent hazard to health and safety and may abate the failure. Those remedies include, but are not limited to, the department contracting to pump a septic tank to eliminate discharge; shutting off water to eliminate sewage discharge; providing alternate means of waste disposal, such as portable toilets or other means deemed necessary to abate the nuisance. Further, the department may recover the cost for abating the nuisance and its enforcement activities as provided for in the general penalties described in the general provisions title of the Eastvale Municipal Code.

(e) The property owner, agent, or occupant may be required to secure a system certification by a qualified service provider as part of the abatement process.

(f) Any and all component failures, deficiencies or malfunctions identified by the system certification shall be repaired. Any and all major repairs are subject to the approval process as described in section 16.124.030.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Fees based on cost analysis. The fees required to obtain an approval under the provisions of this chapter shall be as established by the city council, from time to time, and shall be in such amounts as are based upon a cost analysis determined by the city. Such fees may be waived in cases where corrective or replacement work is being undertaken to replace property damaged or destroyed in a disaster recognized in a resolution adopted by the city council.

(b) Combined design review and construction inspection fees. When construction inspections are required of the department by virtue of the ordinance codified in this chapter or other city council action, the applicant shall pay a $600.00 deposit in lieu of any applicable individual fees for sewage plan review and site inspections. If the department's cost of performing the reviews and inspections is less than the deposit set forth in this subsection, the balance will be refunded to the applicant. If the department's cost is greater than the deposit set forth in this subsection, the applicant shall pay the difference to the city within 30 calendar days of receipt of an invoice thereof. This fee shall be included in and subject to future changes of the city council.

(c) Annual operating permit fees. Prior to the issuance or annual renewal of an operating permit, there shall be paid to the director the fees indicated in this section:

(1) Alternative OWTS or holding tank: $150.00.

(2) Alternative OWTS with advanced treatment: $200.00.

(3) Transfer fee: $10.00.

The application fee for the preinstallation review and approval of an alternative OWTS shall include the fees for the first year of the OWTS' annual permit. If the OWTS is not installed, this portion of the submittal fee shall be refunded to the applicant. These fees shall be included in and subject to future changes as per the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) It shall be the duty of the director or the director's agents to enforce the provisions of this chapter.

(b) Additional remedies, penalties, and procedures for violations of this chapter and for recovery of costs related to enforcement are provided for in the general penalties described in the general provisions title of the Eastvale Municipal Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Any person convicted of a violation of this chapter shall be:

(1) Guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation;

(2) Guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation on the same site.

The third and any additional violations on the same site shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

(b) Notwithstanding subsection (a) of this section, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

In addition, any violation of this chapter is declared to be a public nuisance and may be abated by the director or authorized agent irrespective of any other remedy hereinabove provided.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)