Glenn County Municipal Code § 7.10

1. General. Every person owning, leasing, occupying or using any structure designed or used for human habitation, industrial use or commercial activities shall be required either to provide and maintain a properly functioning OWTS or provide and maintain a connection to public sewer. The LEA may establish additional conditions necessary for the health and safety of the occupants.

2. Referenced Standards. Where differences occur between the provisions of this chapter and referenced standards, the provisions of this chapter shall apply. 3. Definitions. Definitions contained in the County Administrative Regulations shall also apply to this chapter.

3. Professional Contractor. A Professional Contractor (Section 110 of this chapter) shall be required to install, alter or modify all new, repair and replacement onsite wastewater treatment systems in accordance with the California Business and Professions Code and the California Code of Regulations. However, nothing contained herein shall prohibit a property owner from installing, altering or modifying an onsite wastewater treatment system on said owner’s property when the requirements of this chapter and the OWTS Regulations are met.

4. Soil Capacity Restriction on Improved Property. No property shall be improved in excess of its capacity to absorb sewage effluent in the quantities and by the means provided in this code and the OWTS Regulations.

6. Scope

1. Every OWTS shall be designed, located and constructed to prevent the discharge of sewage or partially treated sewage onto the ground surface, into the structure served, into surface waters, or into the ground water, including zones of seasonal soil saturation.

2. Every OWTS shall be designed, located and constructed so as not to create a nuisance.

3. Every OWTS shall be designed and constructed to adequately dispose of all the liquid waste generated from the structure or facility it is serving. 4. Every OWTS shall be adequately operated and maintained.

7. Failing OWTS

1. General. A failing or malfunctioning OWTS shall be repaired, replaced or discontinued and destroyed.

2. Failing OWTS. A failing OWTS shall be one which causes or results in any of the following conditions:

   1. Discharges untreated wastewater directly into the ground in a subsurface pit or perforated vessel (cesspools); or

   2. Discharges untreated or inadequately treated wastewater or septic tank effluent directly or indirectly onto the ground surface, into a dwelling, or into surface or groundwater; or

   3. Lacks an unsaturated vertical soil separation between the bottom of the soil absorption system and ground water or restrictive layers; or

   4. Is not operated in compliance with permit requirements for operation and maintenance as specified in this Chapter and the OWTS Regulations; or 5. Has been retrofitted with unapproved components or been modified from the original approved design; or

   5. Does not meet effluent quality standards as specified in the approved OWTS design.

8. Existing systems

1. Alterations or Modifications. Alterations or modifications may be made to an existing OWTS provided such work conforms to the requirements of the OWTS Regulations. Alterations or modifications shall not cause an existing system to become unsafe or adversely affect the performance of the OWTS.

2. Repairs, Additions or Replacements. Repair, addition or replacement to a failing OWTS shall conform to the requirements of this chapter and the OWTS Regulations to the maximum extent possible, variations shall be approved by the LEA.

3. Permit Required. Alterations, modifications, additions, replacements, abandonments and repairs shall be done only after obtaining an approved permit from the LEA.

9. Existing use

1. Continuation. The use of an OWTS existing on the date of adoption of this ordinance, codified in this chapter, may be continued without change, except as may be specifically covered in this chapter or deemed necessary by the LEA to protect public health, water quality and the environment.

2. Change in use. It is unlawful to make any change in the use or occupancy of any structure that may affect the OWTS without approval from the LEA. Any new use shall comply with the provisions of this chapter and the OWTS Regulations. (Ord. 1265 § 3, 2018)

Former Section 7.10 “Individual Sewage Disposal Systems” (Ord 960 § 1 (part), 1990) was repealed by Ordinance 1265 adopted April 2018.

This chapter shall be known as the "Onsite Wastewater Treatment Systems Code of Glenn County." (Ord. 1265 § 3, 2018)

The purpose of this Chapter is to:

1. Protect public health and the environment by protecting ground and surface water quality.

2. Establish an administrative framework allowing the adoption of science based regulations for design, construction, installation, operation, maintenance, monitoring, replacement, alteration, enlargement, repair and abandonment of onsite wastewater treatment systems, conveyance, and dispersal systems.

3. Provide for compliance and enforcement of a comprehensive Onsite Wastewater Treatment Systems (OWTS) Regulatory program.

4. Ensure compliance with applicable standards, laws, and guidelines as adopted, and/or modified by the State of California, Water Resources Control Board or the Central Valley Regional Water Quality Control Board (RWQCB). The California Water Code requires that all dischargers of waste, including sanitary wastewater from homes, file a report of waste discharge. The RWQCB may waive this requirement for counties that have a program for OWTS that meet the requirements of the State Water Resources Control Board (SWRCB) Water Quality Control Policy for the Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems, dated June 19, 2012. The requirements of this Chapter and the OWTS Regulations are intended to comply with this policy and constitute a program for OWTS that is adequately protective of public health, water quality and the environment. (Ord. 1265 § 3, 2018)

The Glenn County Board of Supervisors adopts this chapter pursuant to California Health and Safety Code Section 5415 and the Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq. (Ord. 1265 § 3, 2018)

The LEA shall mean the Health and Human Services Agency (HHSA), Environmental Health Department, which is designated as such by the Board of Supervisors. (Ord. 1265 § 3, 2018)

1. General. The LEA shall enforce all the provisions of this chapter and the OWTS Regulations. No variance from the standards specified in this chapter and the OWTS Regulations shall be permitted unless first approved by the LEA.

2. Right of Entry. In the discharge of duties, the LEA shall have the authority to enter at any reasonable hour any structure or premises in the jurisdiction to enforce the provisions of this chapter.

3. Education and Outreach. The LEA shall post OWTS informational material and contact information for local service providers on the county website. This will provide owners with sufficient information to address critical maintenance, repairs, and parts replacements within fort-eight (48) hours of failure. (Ord. 1265 § 3, 2018)

Nothing contained in this chapter shall be construed to prevent the LEA from requiring compliance with higher requirements than those contained herein where such higher requirements are essential to protect public health, water quality and the environment. (Ord. 1265 § 3, 2018)

This chapter shall apply to all territory embraced within the incorporated and unincorporated limits of Glenn County. This Chapter shall apply to OWTS with a design flow of less than ten-thousand (10,000) gallons per day as follows: 1. Onsite Wastewater Treatment Systems Applied for After the Effective Date of this Chapter, Excluding System Repair All provisions specified in this Chapter and in the OWTS Regulations shall apply to OWTS applied for after the effective date of this Chapter, excluding OWTS repairs.

2. Onsite Wastewater Treatment System Repairs

When OWTS fail, they shall be repaired so as to be brought into compliance with the provisions of this Chapter and the OWTS Regulations to the maximum extent feasible. Repair of failing standard systems with upgraded wastewater systems incorporating supplemental treatment shall not be required, except when specified in the OWTS Regulations or when the LEA has determined that substantial evidence exists indicating that repair of the system without upgrading to supplemental treatment would result in an unacceptable public health or water quality hazard including, but not limited to, continued surfacing of sewage on the ground surface, backup of sewage into the residence, sewage discharge into surface water, or direct sewage discharge into groundwater. 3. Onsite Wastewater Treatment Systems Constructed or Applied for Prior to the Effective Date of this Chapter

The provisions of this Chapter and the OWTS Regulations pertaining to OWTS siting, design, and construction shall not apply to wastewater treatment systems that have been constructed or for which a complete, valid application has been received by the LEA prior to the effective date of this Chapter. However, all other provisions of this Chapter and the OWTS Regulations shall apply to OWTS applied for prior to the effective date of this Chapter, including but not limited to those pertaining to operation, monitoring, inspections, maintenance, repairs, abandonment and destruction. (Ord. 1265 § 3, 2018)

1. The Glenn County OWTS Regulations shall govern the siting, design, installation, component quality, operation, monitoring, and maintenance of onsite wastewater treatment systems in Glenn County. Copies will be maintained and made available to the public at the HHSA, Environmental Health Department office.

2. The Glenn County OWTS Regulations shall be adopted by resolution of the Glenn County Board of Supervisors. The LEA, based on observed need, recommendation or by requirement may propose modification of the Regulations. When changes are proposed to the OWTS Regulations, the changes shall be presented to the Board of Supervisors for adoption by an amending resolution. (Ord. 1265 § 3, 2018)

Unless pre-empted by State law, statutes, or regulations the following registered and/or licensed professionals are authorized as Qualified Professionals: Professional Engineer Professional Geologist Registered Environmental Health Specialist Soil Scientists, certified by the Soil Science Society of America Professional Engineers, Professional Geologists and Registered Environmental Health Specialists must show proof of registration or licensing in the State of California. Soil Scientists must show proof of certification in any State in the U.S. (Ord. 1265 § 3, 2018)

• 7.10.100 Design Standards And Site Evaluation Requirements

1. Unless waived by the LEA, a site evaluation shall be required on every existing or proposed lot or parcel prior to obtaining an OWTS Construction Permit. The site evaluation shall be conducted as described in the OWTS Regulations.

2. Every onsite wastewater treatment system site evaluation and design shall be performed by a Qualified Professional (Section 090 of this chapter) and shall demonstrate to the LEA that the licensed, registered or certified person has reasonable knowledge and experience with OWTS and site evaluation procedures.

3. The site evaluation will examine factors affecting OWTS design including, but not limited to, ground slope, soil textural characteristics, effective soil depth, horizontal setbacks, and available area for one-hundred (100%) percent system replacement. Percolation tests may be required under certain circumstances as outlined in the OWTS Regulations.

4. Prior to completion of the site evaluation, the LEA may require groundwater monitoring as described in the OWTS Regulations prior to completion of the site evaluation.

5. The LEA may require a new site evaluation or other soils testing if it determines that prior site evaluation approvals were based on testing and/or reporting that was incomplete, insufficient, incompatible with known information about a given area, or for a site where subsequent excavation activities may have altered the suitability of the parcel for accommodating an onsite wastewater treatment system. (Ord. 1265 § 3, 2018)

Unless pre-empted by State law, statutes, or regulations the following professionals are authorized as Professional Contractors:

Licensed General Engineering Contractor (Class A) General Building Contractor (Class B) Sanitation System Contractor (Specialty Class C-42) Plumbing Contractor (Specialty Class C-36) Licensed General Engineering Contractors, General Building Contractors, Sanitation System Contractors and Plumbing Contractors must show proof of licensing in the State of California. (Ord. 1265 § 3, 2018)

Unless pre-empted by State law, statues, or regulations the following are authorized as O&M Service providers:

Any person who completes the California Onsite Water Association (COWA) sponsored National Association of Wastewater Transporters (NAWT) Operations and Maintenance Service Provider Training Program; Part one (1) & two (2).

O&M Service Providers must show proof of certification from NAWT that they have successfully completed the training and are currently certified by NAWT as an O&M Service Provider for OWTS. (Ord. 1265 § 3, 2018)

All OWTS and components, both existing and new, shall be maintained in a safe and sanitary condition. The owner shall be responsible for the safe and sanitary maintenance of the OWTS and components. (Ord. 1265 § 3, 2018)

1. Liquid Waste. All liquid waste shall enter the septic tank unless otherwise specifically exempted by the LEA or this chapter.

2. Clear Water. The discharge of surface, rain or other clear water into an OWTS is prohibited.

3. Water Softener and Iron Filter Backwash. Water softener, iron filter discharge or swimming pool and spa filter backwash shall not be discharged into the OWTS.

4. System location. OWTS shall be located so as to be accessible for maintenance and repair. Septic tanks shall be located so as to allow pumping. (Ord. 1265 § 3, 2018)

Any person abandoning/destroying an OWTS or system component shall obtain a permit and do so in accordance with the requirements specified in this chapter and the OWTS Regulations. (Ord. 1265 § 3, 2018)

1. Other than where an exception is granted by the LEA pursuant to (Subsection B) of this Section, connection to a public sewer system shall be required by the LEA whenever the sewer main is no more than two-hundred (200) feet from the existing or proposed dwelling and all of the following circumstances apply:

   1. Application has been made for new development or a failing onsite wastewater treatment system has been identified by the LEA; and

   2. The public sewer system has adequate capacity for the connection; and

   3. Connection to the public sewer is permitted by the sewer utility.

2. Exceptions may be granted by the LEA to (Subsection A) of this Section where the sewer main is not adjacent to the property line. Factors that may be considered prior to making a decision to grant or deny an exception include, but are not limited to, the following:

   1. Feasibility and cost of connection; and

   2. Reasonable expectation for future expansion plans of the sewer utility; and

   3. Willingness of the applicant to commit to connect to the public sewer in the future; and

   4. Suitability of the parcel for siting an OWTS. (Ord. 1265 § 3, 2018)

There are currently no areas so designated at this time; however these provisions for establishing Areas of Environmental Concern allow more stringent requirements for areas needing enhanced protection.

1. The Glenn County Board of Supervisors may establish Areas of Environmental Concern, after considering factors affecting OWTS placement and performance, including, but not limited to:

   1. Area-wide soil and drainage characteristics;

   2. Flooding and seasonal water table;

   3. Developmental density;

   4. Special status species populations and/or habitat;

   5. Riparian habitat, wetlands, and oak woodlands and proximity to surface water; and

   6. Habitat preserves identified in any adopted Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP).

2. Areas of Environmental Concern shall have clear geographical boundaries and be established by Resolution, only after a public hearing before the County Board of Supervisors.

3. The County Board of Supervisors may establish additional requirements in Areas of Environmental Concern, including but not limited to:

   1. Increased setback requirements;

   2. Increased permitting requirements, such requiring operating permits for standard systems; and

   3. Increased inspection requirements by Certified Operation & Maintenance Providers. (Ord. 1265 § 3, 2018)

Any application for permits, services, or certification pursuant to this Chapter and the OWTS Regulations shall pay fees to the LEA as established by the Glenn County Code, at the time of submission of application and in advance of the requested or required service. (Ord. 1265 § 3, 2018)

1. Permit Required. No person, firm, association, organization, partnership, joint venture, business trust, corporation, company or special district formed under the laws of this state shall within the county install, construct, repair, or alter an OWTS without first obtaining a permit from the LEA. The permit requirement may be waived by the LEA when minor services, replacement parts, or minor repairs are needed. The contractor or owner shall contact and receive approval from the LEA prior to beginning any work. Plans, equipment detail and other pertinent information may be required for submittal.

2. Action on the Permit Application. The LEA shall review all completed applications for permits. If any part of the application, site evaluation or plans does not conform to the requirements of this chapter, the OWTS Regulation or any pertinent laws or ordinances, such application shall be denied in writing, stating the reasons there for. If the LEA is satisfied that the proposed work conforms to the requirements of this chapter, the OWTS Regulations and all laws and ordinances, a permit shall be approved.

3. Approved Plans. The LEA shall stamp or endorse in writing all permits and all sets of approved plans. One set of such approved plans and the permit shall be retained by the LEA and another set shall be kept at the construction site, open to inspection by the LEA at all reasonable times. All work shall conform to the approved plans for which the permit has been issued and any approved amendments.

4. Expiration of Permit. All permits shall expire if the authorized work is not completed within one (1) year after the permit approval date. One (1) extension, for one (1) year, may be granted prior to permit expiration. Current extension fees shall apply.

5. Order to Revoke or Suspend:

   1. A permit issued pursuant to the provisions of this chapter and the OWTS Regulations may be revoked or suspended by the LEA if it is determined that a violation of this chapter and/or the OWTS Regulations exists, that written notice has been directed to the permittee specifying the violation, and that the permittee has failed or neglected to make the necessary adjustments within the time specified, after receiving such notice.

   2. A permit may also be revoked or suspended by the LEA upon determination that the permit was obtained by false statement or misrepresentation and that the property owner has been notified in writing of the action. The suspension or revocation shall be effective upon the date of mailing to the property owner.

6. Appeal from Denial, Revocation, or Suspension:

   1. An owner whose application for an OWTS permit has been denied or whose permit once issued has been revoked, or suspended, may file an appeal in writing with the county board of supervisors. The appeal shall be accompanied by the filing fee established by resolution of the county board of supervisors.

   2. The appeal shall be made in writing and shall demonstrate that all of the following circumstances apply:

      1. The property clearly meets all the requirements of this chapter and the OWTS Regulations;

7. The use of an OWTS on the property is consistent with the intent of the general plan and with all applicable zoning provisions;

   3. The use of an OWTS on the property does not pose any danger to public health, safety, water quality and the environment. (Ord. 1265 § 3, 2018)

1. All violations of this Chapter and the OWTS Regulations are determined to be unlawful and declared to be detrimental to public health, safety, water quality and the environment.

2. A violation or failure to comply with any of the requirements of this Chapter or the OWTS Regulations shall be subject to enforcement actions pursuant to County Code.

3. No person or company shall install, operate, maintain, extend, alter, repair or abandon any onsite wastewater treatment system that does not conform to the requirements of this chapter, the OWTS Regulations or any additional requirements promulgated by the LEA.

4. The LEA shall serve a notice of violation or order on the person or company responsible for work in violation of the provisions of this chapter and/or the OWTS Regulations. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

5. The LEA may condemn, according to law, any residence or other establishment that is accumulating or disposing of wastewater in a manner contrary to the requirements of this Chapter and the OWTS Regulations.

6. No person or company shall obstruct, impede or interfere with the LEA or authorized representative of the LEA in the performance of code enforcement and nuisance abatement duties pursuant to this Chapter and the OWTS Regulations.

7. When it is necessary to make an inspection to enforce the provisions of this Chapter or the OWTS Regulations, or when the LEA has reasonable cause to believe that there exists in a building or upon a site a condition which is contrary to or in violation of the sections of this Chapter or the OWTS Regulations, the official may enter the building or site at reasonable times to inspect or to perform duties imposed by this Chapter or OWTS Regulations provided that if such building or site is occupied at the time of inspection, proper credentials shall be presented to the occupant and entry shall be requested. If such building or site is unoccupied, the official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or site and shall request entry to the building or site. If entry is refused, the official shall have recourse to the remedies provided by law to secure entry/access. (Ord. 1265 § 3, 2018)

Upon notice from the LEA that work on the OWTS is being conducted in violation of this Chapter, the OWTS Regulations or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be issued to the owner of the property involved or to the person or company doing the work. It shall state the conditions under which work may be resumed. (Ord. 1265 § 3, 2018)

1. Order to Abate an Emergency Sewage Condition. The LEA shall determine whether or not any condition investigated constitutes an emergency sewage condition. If the LEA determines that any such condition constitutes an emergency sewage condition, a written order may be issued to the owner and occupant requiring that the conditions which produced the emergency sewage condition be abated forthwith.

2. Service of Notice and Orders. Each notice or order given or made under this Chapter or the OWTS Regulations shall be served upon the person occupying the premises upon which the sewage nuisance or violation exists. The order shall be posted upon the premises in a conspicuous place. In addition, a copy of the notice or order shall be mailed to the property owners as their names and addresses appear upon the current assessment roll. (Ord. 1265 § 3, 2018)