Humboldt County Municipal Code Ch. 2 Regulations and Administration

Sections: Regulations. Permits. Appeals. Investigation and Abatements. Declaration of Public Nuisance. Penalty. Responsibility for Damage. 612-1. Regulations. (a) The Health Officer shall issue such regulations as he/she deems necessary to carry out the provisions of this division. (b) Any such regulations issued by the Health Officer shall: (1) Comply with current State laws, regulations, and policies. (Ord. 2584, § 2, 11/7/2017) (2) Be consistent with the intent and purpose of this division. (Ord. 2584, § 2, 11/7/2017)

(3) Recognize the most current technical information relevant to the provisions of this division. (Ord. 2584, § 2, 11/7/2017) (4) Provide for exceptions where a strict application of this division or local regulations issued by the Health Officer would inflict a substantial personal hardship upon the occupants of the building or place in question. (Ord. 2584, § 2, 11/7/2017) (5) Be designed to minimize and eliminate public nuisance hazards or the potential thereof. (Ord. 2584, § 2, 11/7/2017) (6) Recognize that any single onsite wastewater treatment system is in reality a subunit of a larger wastewater treatment system comprised of numerous subunits. (Ord. 2584, § 2, 11/7/2017) (c) Regulations issued by the Health Officer under this division shall become effective when filed with the County Clerk. (d) Regulations issued under this division may be amended by the Health Officer from time to time by filing such amendments with the County Clerk; amendments shall become effective when filed. (e) Regulations issued under this division shall be available to the public on-line free of charge or in booklet form for a fee to be determined by the Board of Supervisors. (Ord. 945, § 18, 10/2/1973; Ord. 2584, § 2, 11/7/2017) 612-2. Permits. (a) Permit Required. No person shall construct, modify, repair, replace, abandon, or excavate for any kind of onsite wastewater treatment system or any portion thereof without having first obtained a permit to do so from the Health Officer. (Ord. 2584, § 2, 11/7/2017) (b) Applications. (1) Each application for a permit to construct, modify, repair, replace, abandon, or excavate for any kind of onsite wastewater treatment system is to be made on a form provided by the Health Officer. (Ord. 2584, § 2, 11/7/2017) (2) A separate application is required for each onsite wastewater system proposed. In cases where multiple OWTS are proposed for the same parcel, a separate application is required for each. (Ord. 2584, § 2, 11/7/ 2017) (3) The information which the applicant is required to present includes, but is not limited to, the following information: (Ord. 2584, § 2, 11/07/2017) (A) Name, address and telephone number(s) of the applicant and the owner of the property, and their agents, if any, on which the building or place to be served by the onsite wastewater treatment system is located. (Ord. 2584, § 2, 11/7/2017)

(B) Location of the property, the Assessor’s parcel number, directions to the site, and any site accessibility restrictions. (Ord. 2584, § 2, 11/7/2017) (C) A scale map of the lot showing: Appropriate landmarks; steep slopes; roads; surveyor’s landmarks; lot dimensions; existing and proposed easements for road or utility purposes; wells, waterbodies or drainage swales; and existing, proposed, or abandoned onsite wastewater treatment systems. (Ord. 2584, § 2, 11/7/2017) (D) A scaled site plan or detail of the proposed project showing the area of the work, the average cross slope, the structure(s) served, and all items in C (above) within one hundred fifty feet (150') of the project. (Ord. 2584, § 2, 11/7/2017) (E) The intended use or uses of the property. (F) The number of dwelling units and rooms usable as sleeping quarters. If a nonresidential use is proposed, an estimate of the quantity of sewage flow and the method of estimating the flow shall be provided. (G) Soils testing information from a site evaluation performed by a Qualified Professional, including wet weather ground water elevations and percolation test results as required by the regulations issued by the Health Officer, as referenced in § 612-1(a). (Ord. 2584, § 2, 11/7/2017) (H) The source or purveyor of domestic water. (I) Plans and specifications for the proposed onsite wastewater treatment system as specified by the regulations issued by the Health Officer. (Ord. 2584, § 2, 11/7/2017) (J) Other information which the Health Officer may deem to be necessary to the making of an informed and professional decision on the application. (Ord. 2584, § 2, 11/7/2017) (4) The Health Officer may specify the time of year during which water table determinations are to be made. (5) Any tests, data gathering, or analysis which the Health Officer may require as part of the application process shall be performed at the expense of the applicant. (6) Any tests, data gathering, or analysis which the Health Officer may require as part of the application process may be required to be performed under the supervision of the Health Officer or performed by individuals authorized by the Health Officer to carry out such testing, data gathering, or analysis. (Ord. 2584, § 2, 11/7/2017) (7) Any tests, data gathering, or analysis which the Health Officer may require as a part of the application process shall be performed in accordance with regulations issued by the Health Officer. (8) Each application for a permit shall be accompanied by a filing fee in an amount sufficient to cover costs, as set by resolution or ordinance of the Board of Supervisors. No part of the permit filing fee shall be refundable. (Ord. 2351, § 19, 12/6/2005; Ord. 2584, § 2, 11/7/2017)

(d) Inspections. (1) Prior to approval of any onsite wastewater treatment system permit application, the Health Officer shall conduct a site inspection and review other information as needed to determine the suitability of the site for the proposed system installation. (Ord. 2584, § 2, 11/7/2017) (2) Periodic inspections may be made by the Health Officer during the installation process. A final inspection of each installation shall be made by the Health Officer prior to the time the system is backfilled or covered. In the event that the Health Officer determines that there has been an improper installation, a stop work order or Notice of Violation may be posted on the job site. No further work may be performed until the Health Officer has determined that the improper installation has been corrected. (Ord. 2584, § 2, 11/7/2017) (e) Approval. (1) Design Approval. If the Health Officer finds that the proposed onsite wastewater treatment system conforms to the requirements of this division, regulations issued by the Health Officer, and other relevant state laws, regulations, and policies, he/she shall approve the permit application. Application approval by the Health Officer signifies design approval only. The granting of design approval by the Health Officer shall be made subject to any terms and conditions attached thereto and made a part thereof. Installation of new onsite wastewater treatment systems may commence after the Health Officer has approved the application and after the applicant has obtained a building construction permit from the County Building Official. Installation of repairs to existing systems does not require a building construction permit and may commence after the Health Officer has approved the application. If the onsite wastewater treatment system requires major repair, the permit shall require the entire system to conform as closely as is possible to this division, the regulations issued by the Health Officer, and any other relevant state laws, regulations, and policies. (Ord. 2584, § 2, 11/7/2017) (2) Construction Approval. The Health Officer shall conduct a final inspection upon completion of the construction of the onsite wastewater treatment system for final approval. This final approval does not guarantee that the system will function satisfactorily. Final approval means only that the system has been installed in a manner consistent with the approved design and the terms and conditions of the permit. (Ord. 2584, § 2, 11/7/2017) (f) Denial. (1) The Health Officer shall not approve an application if he/she finds that the proposed onsite wastewater treatment system does not conform to all the requirements of this division, regulations issued by the Health Officer, or other pertinent laws, regulations, policies, and Code sections. The Health Officer shall not approve an application if he/she finds the proposed design inadequate to the sewage demands of the situation or may constitute or result in a public nuisance. (Ord. 2584, § 2, 11/7/2017) (2) The Health Officer shall give written notice to the applicant of the decision to deny the application. Such notice shall include the reasons for denial. Written notice shall be sent to the applicant by certified mail, return receipt requested. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. (Ord. 2584, § 2, 11/7/2017)

(g) Expiration of Design Approval. (1) New Construction or Modification Permits. Onsite wastewater treatment system design approvals for new construction or modification shall expire and become null and void if the work authorized thereby has not been completed and passed final inspection within one (1) year following the issuance of the building construction permit by the County Building Official. Prior to the expiration of the one (1) year period, the Health Officer may extend the term of the Design Approval for up to an additional one (1) year period if presented with evidence that the work authorized can reasonably be expected to be completed during the extension period. (Ord. 2584, § 2, 11/7/2017) (2) Repair and Abandonment Permits. Onsite wastewater treatment system design approvals for repairs and abandonments shall expire and become null and void if the work authorized thereby has not been completed and passed final inspection within one (1) year following the issuance of the design approval by the Health Officer. (Ord. 2584, § 2, 11/7/2017) (h) Revocation. (1) Any onsite wastewater treatment system permit or application approval may be revoked or suspended by the Health Officer if he/she determines that a violation of this division or regulations issued by the Health Officer exists; or that the permit or approval was obtained by fraud, misrepresentation, or material omission; or for any other reason that conflicts with state or local laws. Prior to revoking or suspending the permit or approval, the Health Officer must cause written notice to be mailed to the permittee or applicant and the owner of the property. The notice shall specify the violation(s) and the work to be done and shall allow thirty (30) days to complete the work. The notice shall inform the permittee or applicant of the right to an optional informal hearing before the Health Officer. (Ord. 2584, § 2, 11/7/2017) (2) If a permittee or applicant fails to comply with the pre-revocation or pre-suspension notice, the Health Officer shall send to the permittee or applicant and owner of the property a notice of revocation or suspension. The notice shall be sent by certified mail, return receipt requested. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. The notice shall inform the permittee or applicant of his/her right to file an appeal to the Board of Supervisors as set forth in § 612-3. (Ord. 2584, § 2, 11/7/2017) 612-3. Appeals. (a) Any person affected by an approval, denial, suspension, or revocation of a permit by the Health Officer may appeal to the Board of Supervisors by filing a notice of appeal with the Department of Health and Human Services, Division of Environmental Health, within thirty (30) days of the action of the Health Officer or receipt of written notice by the Health Officer, whichever is later. The notice of appeal shall be accompanied by a filing fee set by resolution or ordinance of the Board of Supervisors in an amount sufficient to cover costs. The appeal shall stay the effect of the action of the Health Officer. However, no appeal may be taken concerning any action of the Health Officer which such officer is required to take pursuant to state or federal law, including the provisions of the State Water Resources Control Board’s Water Quality Control Policy for Siting, Design, Operation, and

Maintenance of Onsite Wastewater Treatment Systems. (Ord. 2067, § 1, 4/25/1995; Ord. 2351, § 19, 12/6/2005; Ord. 2584, § 2, 11/7/2017) (b) The appeal shall be in writing and addressed to the Department of Health and Human Services, Division of Environmental Health. The applicant shall also file a copy of the appeal with the Clerk of the Board of Supervisors on the same day of filing with the Division of Environmental Health. In the notice of appeal, the appellant shall specifically identify the action taken by the Health Officer that the appellant is challenging and the date of the action, as well as state in full the facts and circumstances which make the action of the Health Officer unreasonable, including citations to any applicable laws or regulations. Failure to comply with these appeal procedures will render the notice of appeal invalid and will not toll the time allotted to file a notice of appeal. (Ord. 2584, § 2, 11/7/2017) (c) Upon receipt of a timely notice of appeal, the Board of Supervisors shall cause the matter to be set for hearing not earlier than twenty (20) calendar days after the notice of appeal has been filed with the Division of Environmental Health and the Clerk of the Board. The Board of Supervisors, in its discretion and upon stipulation of the Health Officer and appellant, may set the hearing on an expedited schedule. The Division of Environmental Health shall cause notice to be mailed to all affected persons at least ten (10) calendar days prior to the hearing. (Ord. 2584, § 2, 11/7/2017) (d) At the time and place set for the hearing, the Board shall proceed to hear the testimony of the Health Officer, the testimony of the owner or his/her representatives, and the testimony of other competent persons concerning the conditions upon which the action of the Health Officer is based and other matters which the Board may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the Health Officer and other witnesses. The hearing may be continued from time to time at the discretion of the Board of Supervisors. (Ord. 2584, § 2, 11/07/2017) The Health Officer may cross-examine the appellant and other witnesses and may be represented by counsel. At the request of the Health Officer, the County Counsel shall represent the Health Officer. (e) “Any person affected” shall include, but not be limited to, the applicant or his/her agent, the owner of the affected property or his/her agent, and the owners or their agents of all adjoining properties to the property against which the action of the Health Officer is directed. (f) The Board may, upon the appeal, either affirm the action of the Health Officer or grant a variance to the provisions of this division or regulations issued by the Health Officer upon which the action under appeal is based. No variance may be granted with respect to any requirement established pursuant to state or federal law, regulation, or rule, including requirements of the State Water Resources Control Board’s Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems. The decision of the Board of Supervisors upon an appeal shall be based upon the facts presented to it. (Ord. 945, § 6, 10/2/1973; Ord. 2067, § 1, 4/25/1995; Ord. 2584, § 2, 11/7/2017) (g) Failure to challenge the Board’s decision within 45 days shall be deemed to be a waiver of any objection to the Board’s decision. (Ord. 2584, § 2, 11/7/2017)

612-4. Investigation and Abatements. (a) Whenever it is necessary to make an inspection to determine compliance with the provisions of this division, the Health Officer may enter any buildings or place at all reasonable times to inspect the same or to perform any duty imposed upon the Health Officer by this division; provided that, if such building or place be occupied, he/she shall first present proper credentials and demand entry; and, if such building or place be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or place and demand entry. If such entry is refused, the Health Officer shall have recourse to every remedy provided by law to secure entry. (Ord. 2584, § 2, 11/7/2017) (b) In the event a sewage or wastewater treatment system subject to this division is operated, constructed, or repaired contrary to the terms of this division or regulations issued by the Health Officer, the Health Officer may send written notice to the owner of the land as shown on the most recent equalized assessment roll, at his/her address listed on said roll. Said notice shall state the manner in which the system is in violation, what corrective measures must be taken, the time within which such corrections must be made, and, that if the land owner fails to make corrections within the period provided, the corrections may be made by the County and the land owner shall be liable for the costs thereof. (Ord. 2584, § 2, 11/7/2017) (c) If the corrections listed on the notice are not made as required in said notice, the Health Officer shall abate the nuisance or violation pursuant to §§ 351-1 et seq. The notice permitted by this subsection need not be given prior to abating the nuisance or violation pursuant to §§ 351-1 et seq. (Ord. 945, § 8, 10/2/1973; Ord. 2584, § 2, 11/ 7/2017) 612-5. Declaration of Public Nuisance. The following are hereby declared to be a public nuisance: (a) The presence of sewage upon the surface of the ground. (Ord. 2584, § 2, 11/7/2017) (b) A sewage treatment system which creates a public nuisance as defined in § 611-2(k). (Ord. 2584, § 2, 11/7/ 2017) (c) A sewage treatment system which empties, flows, seeps, or drains into any surface waters or can reasonably be expected to do so. (Ord. 2584, § 2, 11/7/2017) (d) A sewage treatment system which now does or may reasonably be expected to empty, flow, or drain into or adversely affect any subsurface water which is used or is suitable for use by any inhabitants of the State. This declaration of public nuisance is not intended to be an exclusive definition of public nuisance or a limitation upon the authority of the Health Officer to declare other circumstances to be a public nuisance. (Ord. 945, § 9, 10/ 2/1973; Ord. 2584, § 2, 11/7/2017) (Ord. 2584, § 2, 11/7/2017)

612-6. Penalty. It shall be unlawful for any person, firm, or corporation to violate, refuse or fail to comply with any of the provisions of this division. (Ord. 945, § 20, 10/2/73; Ord. 2584, § 2, 11/07/2017) Failure to comply with any of the provisions of this division may result in an abatement proceeding, as set forth in § 351 et seq. of the Humboldt County Code, and/or the imposition of civil administrative penalties, as set forth in § 352 et seq. of the Humboldt County Code. (Ord. 2584, § 2, 11/7/2017) 612-7. Responsibility for Damage. This division shall not be construed as imposing upon the County of Humboldt any liability or responsibility for damage resulting from the defective installation of any sewage treatment system as herein provided, nor shall the County of Humboldt or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder. (Ord. 945, § 13, 10/2/1973; Ord. 2584, § 2, 11/7/2017) § 613-1. § 613-2. § 613-3. § 613-4.