Gustine Municipal Code Ch. 3 Onsite Wastewater Treatment Systems

Footnotes:

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Editor's note— Ord. No. 508, § 2, adopted Dec. 15, 2020, repealed ch. 3, §§ 3-3-1—3-3-6, and enacted a new ch. 3, §§ 3-3-1—3-3-7, as set out herein. Formerly, ch. 3 pertained to septic tanks and derived from Code 1966, §§ 6-7.02—6-7.07.

State Law reference— Individual sewage disposal systems, Water Code § 13280 et seq.

(a) Title. The ordinance codified in this chapter may be cites as "Onsite Wastewater Treatment Systems Regulations" or "OWTS Regulations."

(b) The intent and purpose of this chapter is to prevent and mitigate the creation of health hazards and nuisance conditions and to protect surface water and groundwater quality by ensuring OWTS within the City of Gustine are compliant with the applicable standards, laws, policies and guidelines are adopted, or modified by the State Water Resources Control Board, the Central Valley Regional Water Quality Control Board, and County of Merced. This chapter applies to premises where an OWTS exists or is proposed.

(c) For purposes of these OWTS regulations, words and phrases shall have the meanings defined in the water quality control policy for siting, design, operation, and maintenance of onsite wastewater treatment systems adopted by the state water resources control board by Resolution No. 2012-0032, as it currently exists or may hereafter be amended, unless otherwise defined in the LAMP, or in this chapter.

(1) "LAMP" means the local agency management program for onsite wastewater treatment systems adopted by the County of Merced and approved by the Central Valley Regional Water Quality Control Board.

(2) "Onsite wastewater treatment system(s)" (OWTS) means individual disposal systems, community collection and disposal systems, and alternative collection and disposal systems that use subsurface disposal. The short form of the term may be singular or plural. OWTS do not include "graywater" systems pursuant to California Health and Safety Code § 17922.12.

(Ord. No. 508, § 2, 12-15-2020)

(a) It is unlawful for any person to cause or allow sewage, human excrement or other liquid wastes to be disposed of in any place or manner except through and by means of one of the following:

(1) Public sewers, pursuant to chapter 11-4;

(2) An OWTS that generates less than 10,000 gallons per day of domestic wastewater, that disposes of wastewater below the ground surface, and that is generated from single-family residences, multi-family residences, commercial buildings where the wastewater is from domestic sources, buildings which are a combination of commercial and residential, or commercial food service buildings with wastewater with a biological oxygen demand ("BOD") of 900 mg/L or less and a properly function grease interceptor, and is covered by and in compliance with a permit issued by the County of Merced, in accordance with section 3-3-3 of this Code; or

(3) An OWTS permitted by the Central Valley Regional Water Quality Control Board.

(b) It is unlawful for any person to operate an OWTS that has any of the following:

(1) Pooling effluent, discharges wastewater to the surface, or has wastewater backed up into plumbing fixtures, because its dispersal system is no longer adequately percolating the wastewater;

(2) A septic tank failure, such as a baffle failure or tank structural integrity failure such that either wastewater is exfiltrating or groundwater is infiltrating;

(3) Affected, or will affect, groundwater or surface water to a degree that makes it unfit for drinking or other uses, or is causing a human health or other public nuisance condition; or

(4) A failure of one of its components, such as a distribution box or broken piping connection.

(c) It is unlawful for any person to discharge or facilitate, permit, cause, or authorize to be discharged into any OWTS any materials or waters containing any pollutants or contamination that causes or contributes to a violation of applicable water quality standards or that causes or contributes to the existence of a nuisance as that term defined in California Water Code § 13050.

(Ord. No. 508, § 2, 12-15-2020)

(a) Permit required. Prior to commencing construction, repair, abandonment, or destruction of any OWTS within the City of Gustine, the property owner, and any contractor required by law, shall apply for and obtain a permit from one of the following, and submit evidence of such permit to the city:

(1) The County of Merced Division of Environmental Health;

(2) The Central Valley Regional Water Quality Control Board for any OWTS that does not meet the requirements for a permit from the county.

(Ord. No. 508, § 2, 12-15-2020)

(a) General authority. The director of public works, or authorized designee(s), is authorized to take all necessary action to enforce the provisions of this chapter and to carry out any other special enforcement programs initiated by order or resolution of the city council.

(b) Right-of-entry and inspection. The director of public works, or authorized designee(s), may enter at any and all reasonable times any places, property, premises, or enclosure for the purpose of carrying out an activity required or authorized by the provisions of this chapter, including to make examinations and investigations to determine whether any provision of this chapter is being violated. Upon request, the city personnel entering and inspecting shall provide adequate identification. Except under extreme circumstances, an inspection warrant shall be obtained if entry is refused.

(c) Citations. The director of public works, or authorized designee(s), is authorized to issue citations and, or abatement orders to persons for violations of the provisions of this chapter. The director of public works, or an authorized designee(s) is authorized to issue stop work orders to prohibit construction, repair, replacement, or use of OWTS or related facilities that is deemed to violate the provisions of this chapter.

(d) Any OWTS use which is established, operated, used, erected, moved, altered, enlarged, or maintained contrary to the provisions of this Code, is declared to be unlawful and a nuisance and shall be subject to any remedies and penalties available at law or equity.

(Ord. No. 508, § 2, 12-15-2020)

(a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in section 1-1-7 of the Gustine Municipal Code. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued to be allowed and shall be punishable accordingly.

(b) In addition to or in lieu of the penalty provisions or remedies set forth in this chapter, any violation of any of the provisions of this chapter, and any of the provisions of this chapter, shall be deemed a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. No. 508, § 2, 12-15-2020)

All fees associated with this chapter shall be set by resolution of the city council.

(Ord. No. 508, § 2, 12-15-2020)

Where there is a conflict between the regulations of this chapter and any other local, state, or federal regulation, law, order, or requirement, the greater or more stringent regulation or requirement applies and shall be enforced by the persons authorized in this chapter.

(Ord. No. 508, § 2, 12-15-2020)