Humboldt County Municipal Code Ch. 6 Maintenance Oversight of Non-Standard Onsite Wastewater

TREATMENT SYSTEMS Sections: Intent. Definitions. Operational Permit Required for Nonstandard Systems. Revocation. Abatement. Provisions Cumulative. 616-1. Intent. The intent of this article is to assure that non-standard wastewater treatment systems are periodically inspected to assure that they function properly and that any necessary maintenance is completed in an expeditious manner. (Ord. 2584, § 9, 11/7/2017)

616-2. Definitions. For the purposes of this chapter, the following definitions shall apply: (a) Standard system: a method of water-carried, onsite wastewater treatment system which includes a septic tank (with or without a sump and pump) by which effluent is carried through subsurface leach lines which are constructed in accordance with § 612-1 of this Code. The septic tank in a standard system uses no mechanical device to aid treatment of sewage. (Ord. 2584, § 9, 11/7/2017) (b) Non-standard system: (1) Any water-carried onsite wastewater treatment system which uses a pretreatment unit for sewage treatment (e.g. aerobic treatment units, packed bed filters, sand filters); or (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (2) Any water-carried onsite wastewater treatment system that does not use subsurface leach lines for effluent dispersal (e.g. Wisconsin Mounds or At-Grades); or (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/ 2017) (3) Any water-carried onsite wastewater treatment system where the pump tank and leach lines are connected by a pipe which exceeds 500 feet in length; or (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (4) Any system receiving flows greater than 1500 gallons per day; or (Ord. 2584, § 9, 11/7/2017) (5) Any other system the Department shall deem non-standard, including but not limited to, pressure distribution systems, drip dispersal systems, and constructed wetlands. (Ord. 2159, § 1, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (c) Department: Department of Health and Human Services, Division of Environmental Health. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (d) Qualified service provider: A person who shall demonstrate all of the following: (1) California License: C-42 or C-36 Plumbing Contractor, or Class A General Engineering Contractor. (Ord. 2374, § 1, 12/5/2006) (2) Education: Third party inspection and maintenance certification from a recognized institution (e.g. NSF, COWA, CEHA, CWEA, NOWRA, or approved equivalent). (Ord. 2374, § 1, 12/5/2006) (3) Experience: Minimum of two (2) years experience installing nonstandard onsite wastewater treatment systems, including a minimum of ten (10) such systems installed and approved by the Department. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)

616-3. Operational Permit Required for Nonstandard Systems. (a) No person, firm, corporation or other entity shall use, or cause or allow the use of, any nonstandard system within the unincorporated area of Humboldt County unless a valid operational permit is in effect for that system. This permit shall be applied for and issued on an application form provided by the Department. Use of a nonstandard system without a valid permit is a violation of this chapter, and subject to all of the remedies authorized by State law or this Code. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (b) Waterless toilet systems as regulated in Chapter 5 of this Code shall not be subject to the provisions of this chapter. (Ord. 2584, § 9, 11/7/2017) (c) The Board of Supervisors shall establish a fee as or schedule of fees for operational permits, to be collected by the Department. (Ord. 2159, § 2, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (d) Upon payment of all fees and submission of an application which demonstrates to the Department’s satisfaction that the system will not have an adverse effect on ground or surface waters or upon public health, an operational permit shall be issued. The Health Officer may issue such regulations as are necessary to carry out the provisions of this chapter. (Ord. 2159, § 2, 02/10/1998; Ord. 2374, § 1, 12/05/2006; Ord. 2584, § 9, 11/07/2017) (1) Operational permits are valid for a period of three (3) years from the date of issuance unless revoked by the Department. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (2) Operational permits may be renewed in accordance with the terms of the permit, upon submittal of a complete application, payment of the required fee, and submittal of inspection results demonstrating continued proper maintenance and operation of the system as designed and constructed. (Ord. 2374, § 1, 12/ 5/2006) (3) Operational permits must also be renewed at the time of property sale or, in the case of commercial properties, upon change in occupants or change of use. (Ord. 2374, § 1, 12/5/2006) (4) Operation of a nonstandard onsite wastewater treatment system prior to the issuance of an operational permit, or without a currently valid operating permit, or after revocation of a permit, shall be deemed a violation of the provisions of this chapter. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (e) Upon issuance of final construction approval for nonstandard onsite wastewater treatment system, the Department shall cause a notice to be recorded on the property title indicating that a nonstandard onsite wastewater treatment system has been installed on the parcel and that an operational permit is required. This notice is intended to alert subsequent property owners of the existence of the nonstandard onsite wastewater treatment system. (Ord. 2159, § 2, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (f) The owner of a parcel on which a nonstandard onsite wastewater treatment system has been installed shall not interfere with the Department’s right to enter onto the parcel to inspect the property to assure compliance with the provisions of this chapter. The owner shall make all components of the system accessible during the inspection (e.g., tank lids, pump control panel, and absorption area). (Ord. 2159, § 2, 2/10/1998; Ord. 2374, § 1, 12/ 5/2006; Ord. 2584, § 9, 11/7/2017)

(g) Upon issuance of an operational permit, the Department shall cause to be performed a minimum of one inspection during wet weather conditions within the term of the permit. If deficiencies are identified, additional inspections may be required and additional fees may be imposed. Failure to correct deficiencies as directed by the Department may result in subsequent inspections, additional fees, or revocation of the permit. The inspections required by this section shall include the following factors: (Ord. 2159, § 2, 02/10/1998; Ord. 2198, § 1, 10/19/1999; Ord. 2584, § 9, 11/07/2017) (1) Daily rainfall in Eureka for the previous thirty (30) days; (2) Observation of the water level in any monitoring well required as part of the wastewater treatment system permit; (Ord. 2584, § 9, 11/7/2017) (3) Recording of domestic water use where available; (4) Occupancy load; (5) Soil moisture conditions; (6) Vegetation and growth conditions; (7) Erosion and drainage; (8) Available information concerning maintenance performed on the nonstandard onsite wastewater treatment system (e.g. replacing a pump or pump float switch, pumping the septic tank, or flushing laterals); (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (9) Condition of all components of the nonstandard onsite wastewater treatment system; (Ord. 2584, § 9, 11/7/2017) (10) Other information that may be available and pertinent to the operation of the nonstandard onsite wastewater treatment system. (Ord. 2198, § 1, 10/19/1999; Ord. 2584, § 9, 11/7/2017) (h) The property owner shall have the option of contracting with a Qualified Professional, as defined in § 611-2(n), or Qualified Service Provider, as defined in § 612-2(d), to perform the required inspection. Upon issuance of an Operational Permit, the Qualified Professional or Qualified Service Provider shall cause to be performed a minimum of one inspection during wet weather conditions within the term of the permit. If deficiencies are identified, additional inspections may be required and additional fees may be imposed. Failure to correct deficiencies as directed by the Department may result in subsequent inspections, additional fees, or revocation of the permit. Inspection reports prepared by Qualified Professionals or Qualified sService Providers must be submitted within fifteen (15) days of completion, on an inspection form approved by the Department. The inspections required of this section shall include the information listed in numbers 1-10 of§ 616-3(g) set forth above. (Ord. 2159, § 2, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (i) The property owner may apply for a Homeowner-Inspected Operational Permit if all the following conditions are met:

(1) A valid Operational Permit has been in effect for a minimum of six (6) years; (Ord. 2374, § 1, 12/5/2006) (2) All required inspections have been completed; (Ord. 2374, § 1, 12/5/2006) (3) The system is not failing; (Ord. 2374, § 1, 12/5/2006) (4) The system has been properly maintained; (Ord. 2374, § 1, 12/5/2006) (5) The minimum following components are present and maintained in good repair: lateral end sweeps and caps, tank risers and lids, effluent filter, functioning alarm and pump floats, and pump control panel. (Ord. 2374, § 1, 12/5/2006) A Homeowner-Inspected Operational Permit will be issued upon payment of fees and shall be in effect for a period of three (3) years. Renewal of a Homeowner-Inspected Operational Permit requires an application, a fee, and results of a completed inspection. Homeowner-Inspected Operational Permits shall revert to Operational Permits at the time of property sale or when inspections are not being completed and submitted to the Department. This permit may be revoked if maintenance or operational problems are not being corrected in a timely manner. Selection of this option does not preclude oversight from the Department, including inspections. Upon issuance of a Homeowner-Inspected Operational Permit, the homeowner shall cause to be performed a minimum of one inspection during wet weather conditions within the term of the permit. Additional inspections may be required in cases where deficiencies occurring in the system have been identified. Failure to correct deficiencies in accordance with written directions may result in additional re-inspection fees. The inspections required of this section are listed in numbers 1 - 10 of § 616-3(g). Inspection reports prepared by the homeowner must be submitted within fifteen (15) days of completion, on an inspection form approved by the Department. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (Ord. 2374, § 1, 12/5/2006; Ord. 2628, § 3, 6/4/2019) 616-4. Revocation. (a) If the Department determines that a non-standard onsite wastewater treatment system for which a permit has been granted may have an adverse effect upon the ground or surface waters, or upon the public health, or may have a significant effect upon the environment, the permit may be revoked by the Department after notice of the proposed action has been sent by certified mail to the permittee, and the permittee has been given an opportunity to respond at a given time and place. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) (b) Upon a determination by the Department that immediate action is required to prevent an adverse effect upon public health, or upon surface or ground waters, the permit may be summarily revoked. Summary revocation shall be followed within seven (7) days by notice of the action mailed to the permittee, setting a time and place for response within ten (10) days of the date of mailing. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/ 2017) (c) A revoked permit may be reinstated if the Department determines that a plan has been established for adequate repair, alteration and/or maintenance of the system, and all costs of enforcement, including attorney fees, violation reinspection fees and any of the costs described in § 616-5 have been paid. (Ord. 2374, § 1, 12/5/ 2006) 616-5. Abatement. In any action, judicial or administrative, to enforce any provision of this Code relating to onsite sewage treatment, the County may recover all of its costs of enforcement, including, but not limited to, sewage treatment system repair, replacement, and/or maintenance, any administrative overhead, salaries, and expenses incurred by the following departments: Department of Health and Human Services, Planning and Building Department, County Counsel, Code Enforcement Unit, District Attorney, and/or Public Works Department. All such costs shall be a lien upon the property upon which the system is located. (Ord. 2159, § 3, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017) 616-6. Provisions Cumulative. The provisions of this article are in addition to any other requirements for a permit for construction, alteration, or repair of a sewage treatment system. (Ord. 2584, § 9, 11/7/2017)