Los Angeles County Municipal Code Part 5 Requirements for Onsite Wastewater Treatment Systems

A.

No person shall allow sewage, domestic or industrial wastewater, or any matter or substance, offensive, injurious, or dangerous to health, to empty, flow, seep, or drain onto the surface of any land.

B.

No person shall allow sewage, treated effluent, or any matter or substance, offensive, injurious, or dangerous, to health to empty, flow, seep, or drain into, or affect any well, spring, stream, river, lake or other waters.

C.

A violation of this Section is declared a public nuisance.

(Ord. 2018-0037 § 31, 2018.)

The Director shall promulgate the OWTS requirements and procedures within thirty (30) calendar days of the adoption of this ordinance. The OWTS requirements and procedures shall be made available to the public at no charge, upon request. The Director shall review the requirements and procedures a minimum of once every five (5) years and amend the OWTS requirements and procedures as necessary to protect the health of the public and the waters of the State. The Director shall provide notice to the public of any proposed change(s) and provide members of the public an opportunity to comment prior to implementation.

(Ord. 2018-0037 § 31, 2018.)

A.

The Director shall have the authority to require the submission of any plans and specifications pertaining to or impacting onsite wastewater treatment systems. Such plans include, but are not limited to, subdivision of parcels where a public sewer is not available, building expansion, and the addition of a structure on a parcel of property utilizing an onsite wastewater treatment system.

B.

A person proposing to construct, install, alter or repair any onsite wastewater treatment system or part thereof, or a privy structure shall submit an application and receive plan approval from the Director in accordance with the requirements of this Chapter and Title 28, Plumbing Code, including Appendix H, of the Los Angeles County Code and with the OWTS requirements and procedures prior to any work being performed.

C.

A person proposing to construct or expand a building or other structure, upon which property an onsite wastewater treatment system or non-conventional onsite wastewater treatment system is installed, shall submit an application and receive a plan approval from the Director. The Director's evaluation of the proposed construction or expansion plan shall determine whether the new building, structure or expansion interferes with the existing onsite wastewater treatment system or any future expansion area required by Los Angeles County Code, Title 28, Plumbing Code.

D.

An application shall be made on forms provided for that purpose by the Director. Any required fee shall be paid at the time of application.

E.

The Director's approval of an onsite wastewater treatment system plan under this Section is separate from, and does not constitute compliance with, any permit requirements contained elsewhere in this code, including, but not limited to, the requirements under this Title 11 for obtaining a renewable operating permit for NOWTS and any requirements under Title 28, Plumbing Code for obtaining a permit for the construction or installation of an OWTS.

F.

All onsite wastewater treatment systems must be installed in accordance with the plans as approved by the Director. Any changes in the installation plans must be reviewed and approved by the Director prior to installation.

G.

Any plan approval issued by the Director shall be valid for one (1) year from the date of approval. If a property owner has not obtained a building permit within one year, a property owner may request an extension of the plan approval for up to one (1) additional year. If the property owner has not obtained a building permit within two (2) years, the property owner must submit a new application meeting the requirements of the most recent version of the California Plumbing Code, and pay the required fee.

(Ord. 2018-0037 § 31, 2018.)

The Director shall not issue a permit for a new onsite wastewater treatment system, approve the repair or replacement of an onsite wastewater treatment system, nor approve a project requiring the evaluation of an existing onsite wastewater treatment system if a public sewer is available within two hundred (200) feet of the building or proposed building.

(Ord. 2018-0037 § 31, 2018.)

Land development projects including Conditional Use Permits (CUP) and parcel sub-division projects where a public sewer is not available and that are proposed after the effective date of this ordinance, shall require the installation of a non- conventional onsite wastewater treatment system if the parcel size is smaller than the allowable density values in the following table for a single family dwelling unit, or its equivalent. The requirement for a NOWTS requires recordation of a covenant through the County Office of the Registrar-Recorder/County Clerk as part of the approval of the CUP or approval of the new parcels.

(Ord. 2018-0037 § 31, 2018.)

OWTS shall not be installed in such a manner that any of its components are located within the horizontal setbacks identified in the following table.

*Notes:

When disposal fields and/or seepage pits are installed in sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be fifteen (15) feet (4.57 meters).

Including decks, patios, porches and steps, whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walks, covered driveways, and similar structures or appurtenances.

Reserved.

Reserved.

Plus two (2) feet (.61m) for each additional one (1) foot (.305 meters) of depth in excess of one (1) foot (.305 meters) below the bottom of the drain line. (See also Section K 6 in Appendix K of the Plumbing Code.)

Reserved.

These minimum clear horizontal distances shall also apply between disposal field, seepage pits, and the ocean mean higher high tide line.

Where special hazards are involved, the distance required shall be increased as may be directed by the authority having jurisdiction.

If the depth of the effluent dispersal system exceeds twenty (20) feet (6.1 meters) and is within six hundred (600) feet (182.88 meters) of a public water well, the setback must be such that there is at least two-year travel time for microbiological contaminants.

Includes springs and flowing surface water bodies where the edge of that water body is the natural or levied bank for creeks and rivers, or may be less where site conditions prevent migration of wastewater to the water body.

Distance from vernal pools, wetlands, lakes, ponds, or other surface water bodies where the edge of that water body is the high water mark for lakes and reservoirs, and the mean high tide line for tidally influenced water bodies.

Where regulatory or legitimate data requirements necessitate, the required distance to monitoring wells may be decreased as may be directed by the authority having jurisdiction. If the monitoring well is installed to monitor the groundwater at the waste effluent discharge, the setbacks do not apply.

Unstable land mass or areas subject to earth slides shall be identified by a registered engineer or registered geologist; other setback distances are allowed, if recommended by a geotechnical report prepared by a qualified professional.

Four hundred (400) feet (121.92 meters) from the high water mark of a reservoir, lake, or flowing water body when the effluent dispersal system is within one thousand two hundred (1,200) feet (365.76 meters) from a public water systems' surface water intake point, within the catchment of the drainage, and located such that it may impact water quality at the intake point such as upstream of the intake point for flowing water bodies.

Two hundred (200) feet (60.96 meters) from the high water mark of a reservoir, lake, or flowing water body when the effluent dispersal system is located more than one thousand two hundred (1,200) feet (365.76 meters) but less than two thousand five hundred (2,500) feet (762 meters) from a public water systems' surface water intake point, within the catchment of the drainage, and located such that it may impact water quality at the intake point such as upstream of the intake point for flowing water bodies.

For oak trees, this requirement extends to five (5) feet (1.52m) outside of the drip line or fifteen (15) feet (4.57 meters) from the trunk, whichever is greater.

In the event of inconsistencies between the setback requirements specified in the Los Angeles County Plumbing Code, Title 28, Appendix H, the California Well Standards, and Chapter 38, Part 2 of this code, the more restrictive requirements shall prevail.

(Ord. 2018-0037 § 31, 2018.)

A.

A conventional OWTS shall have a minimum five (5) feet of natural undisturbed soil, excluding bedrock, below the bottom of a leach line, leach bed, or infiltrative chamber.

B.

A conventional OWTS shall have a minimum five (5) feet of separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater level if the percolation rate is five (5) minutes per inch to sixty (60) minutes per inch.

C.

A conventional OWTS shall have a minimum of twenty (20) feet of vertical separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater if the percolation rate is greater than one (1) minute per inch but less than five (5) minutes per inch.

D.

A NOWTS shall have a minimum of three (3) feet of natural undisturbed soil, excluding bedrock, below the bottom of the leach line, leach bed, or infiltrative chamber.

E.

A NOWTS shall have a minimum of two (2) feet of separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater level, except in areas near impaired water bodies where the minimum distance shall be three (3) feet.

F.

Any OWTS utilizing a seepage pit shall have a minimum separation of ten (10) feet from the bottom of the pit to the highest known groundwater.

(Ord. 2018-0037 § 31, 2018.)

It shall be unlawful to install a septic tank in a manner that does not comply with the following requirements:

A.

All new or replacement tanks shall be approved by the International Association of Plumbing and Mechanical Officers (IAPMO) or stamped and certified by a California registered civil engineer as meeting industry standards and installation shall be accomplished to the manufacturer's recommendations.

B.

New and replacement tanks on conventional OWTS shall be equipped with an effluent filter to prevent solids in excess of 3/16th of an inch from passing to the dispersal area. Septic tanks that use a National Sanitation Foundation/American National Standards Institute (NSF/ANSI) Standard forty-six (46) effluent filter shall be deemed in compliance with this requirement.

C.

All joints between the septic tank and its components shall be watertight and constructed of solid, durable materials to prevent excessive corrosion or decay.

D.

The invert level of the inlet pipe shall be at least two inches higher than the invert level of the outlet pipe.

E.

All septic tank access points shall have watertight risers the tops of which are set not more than six (6) inches below grade. Access openings at grade or above shall be locked or secured to prevent unauthorized access.

(Ord. 2018-0037 § 31, 2018.)

OWTS that utilize pumps to move effluent to the septic tank or from the septic tank to the dispersal system shall:

A.

Be equipped with a visual, audible, or telemetric alarm that alerts the owner or service provider in the event of pump failure.

B.

Provide sufficient additional storage space in the second compartment of the septic tank or pump chamber during a twenty- four (24) hour power outage or pump failure and shall not allow an emergency overflow discharge. The capacity for the storage space shall be equal to 60 - 75 percent of the interior capacity of the pipes to be dosed.

(Ord. 2018-0037 § 31, 2018.)

As an alternative to the percolation rates required in Appendix H of Los Angeles County Code, Title 28 (Plumbing Code), proposed OWTS utilizing a leach bed, leach field, or infiltrative chamber may report percolation test results as Minutes Per Inch (MPI). Percolation rates in MPI shall be either:

A.

In the range between five (5) MPI and sixty (60) MPI for use with a conventional OWTS.

B.

In the range between one (1) MPI and 4.9 MPI with a separation between the bottom on the dispersal system and groundwater of at least twenty (20) feet.

(Ord. 2018-0037 § 31, 2018.)

Upon installation of a new dispersal system, the new system shall be interconnected with the existing system with an approved flow diversion device to allow for the alternating use of the two dispersal systems.

(Ord. 2018-0037 § 31, 2018.)

A.

The use of a seepage pit is prohibited for use with construction of onsite wastewater treatment systems for new buildings with applications submitted after the effective date of this ordinance, unless the system is equipped with additional treatment that meets the requirements of a NOWTS.

B.

Notwithstanding Section A, the use of a seepage pit in conjunction with a conventional OWTS is permitted for new construction for single unit dwellings with four (4) or fewer bedrooms.

(Ord. 2018-0037 § 31, 2018.)

Whenever the Director is made aware that an OWTS is at risk of failing, the Director shall send a letter directing the property owner to have the system evaluated by a qualified contractor within seven (7) calendar days to determine whether the system must be repaired or replaced. If the evaluation reveals that the system requires repair or replacement the property owner shall:

A.

Prevent any further discharges of sewage by having the system pumped by a sewage pumper truck at a frequency that will prevent overflow.

B.

Follow any directive issued by the Director that is necessary to protect groundwater or prevent surfacing of sewage effluent.

C.

Complete all repairs within a time determined by the Director.

(Ord. 2018-0037 § 31, 2018.)

A.

A NOWTS is required to be installed for new construction when any of the following conditions exist:

The percolation rate is faster than 5.12 gallons per square foot per day for a replacement seepage pit.

A seepage pit is proposed for installation at a new building other than a single unit dwelling with four (4) or fewer bedrooms.

The percolation rate for a leach field or leach bed system is faster than one (1) MPI or greater than one (1) MPI but less than

There is less than five (5) feet but at least two (2) feet of continuous, natural, undisturbed soil beneath a dispersal system.

The property of the proposed system is within six hundred (600) feet of an impaired water body that is listed for pathogens or nitrogen and no established Total Maximum Daily Load (TMDL) for that water body is present.

The property of the proposed system is within the area defined by an Advanced Protection Management Program (APMP) established by a TMDL implementation plan.

B.

A NOWTS proposed to be installed in the areas of the Antelope Valley within the jurisdiction of the Lahontan Regional Water Quality Control Board (LRWQCB) shall not be required to include a disinfection system.

C.

In addition to the circumstances listed in A above, the Director may require the installation of a NOWTS as a condition of a variance to setback requirements for repair of a failed existing system. All variances shall comply with the OWTS requirements and procedures to the maximum extent possible.

(Ord. 2018-0037 § 31, 2018.)

All NOWTS shall meet the following minimum conditions:

A.

The system shall be certified by an agency accredited by the American National Standards Institute (ANSI) as meeting the National Sanitation Foundation (NSF) Standard two hundred forty-five (245) or the system shall be approved by the Director after completing a demonstration test described in the OWTS requirements and procedures.

B.

NOWTS requiring a disinfection system, shall be certified by an ANSI accredited agency as meeting NSF Standard forty-six (46) for disinfection devices.

C.

The septic tank shall be part of the NSF certified system, certified by the IAPMO, or evaluated by the local plumbing official and determined to be Plumbing Code equivalent.

D.

The NOWTS shall be equipped with a visual or audible alarm as well as a telemetric alarm that notifies the owner and the service provider of the NOWTS in the event of system malfunction. If the property requiring an NOWTS is in a location where telemetric monitoring is not possible, more frequent physical inspections are required per Section 11.38.880.

E.

The owner shall record a covenant against the title of the property meeting the requirements of Section 11.38.890.

F.

The owner, prior to approval of the NOWTS, shall enter into and maintain in effect at all times throughout the operational life of the system, a contract signed by both the property owner and a service provider certified by the components' manufacturer. The contract shall include:

Telemetric monitoring of the system for component failures or quarterly inspections of the disinfection system when telemetric monitoring is not available.

Annual inspections of the system or more frequent routine maintenance as recommended by the manufacturer when telemetric monitoring is available.

Any required sampling of influent and effluent based on the system type, age, and location.

G.

The Director may, at any reasonable time, require samples to be taken from the NOWTS while a department representative and/or a contractor or agent of the department is present.

(Ord. 2018-0037 § 31, 2018.)

A.

All NOWTS shall be designed to produce effluent that meets the following criteria:

Total Suspended Solids of less than thirty (30) mg.

Biological Oxygen Demand five (5) day average (BOD 5 ) of less than thirty (30) mg/l.

PH not less than 6.0 or greater than 9.0.

B.

NOWTS treatment of nitrogen must result in a fifty (50) percent reduction in Total Nitrogen.

C.

NOWTS provide disinfection that does not exceed a fecal coliform content of two hundred (200) per one hundred (100) milliliters using the Most Probable Number (MPN) analytical method with a minimum detection limit of 2.2 MPN.

(Ord. 2018-0037 § 31, 2018.)

A.

A permit shall be issued by the Director for the operation of a NOWTS upon the approval of the system. A permit shall be valid for the location, type of system, and conditions of the approval, unless suspended or revoked by the Director.

B.

The permit fee shall be collected in accordance with Los Angeles County Code Title 8, Sections 8.04.950 - 8.04.995.

C.

A permit may be suspended or revoked by the Director for the following reasons:

The NOWTS is contributing to the contamination of groundwater, surface water, or resulting in the surfacing of effluent, and the owner has not returned the NOWTS to operating condition within the time required by the Director.

The owner does not submit records of maintenance inspections or results of effluent testing as required by this ordinance within the time required by the Director.

D.

It shall be a violation of this code to operate a NOWTS for which the permit has been suspended or revoked.

E.

The owner of the NOWTS shall make the system available within five (5) calendar days for inspection upon notice by the department.

(Ord. 2018-0037 § 31, 2018.)

A.

The property owner shall have the NOWTS inspected and serviced at the rate set by the manufacturer as set forth in the manufacturer's operation and maintenance manual or at least annually, by a service provider certified by the manufacturer.

B.

If the property is located in an area where telemetric monitoring is not possible, the property owner shall cause the NOWTS to be inspected monthly by the NOWTS owner as directed and instructed by a NOWTS service provider, and quarterly by the NOWTS service provider, in order to determine whether the NOWTS is operating as required.

C.

The service provider shall submit copies of all inspection and maintenance reports to the Director within thirty (30) days of any inspection or maintenance of the NOWTS.

(Ord. 2018-0037 § 31, 2018.)

Owners of NOWTS shall have their maintenance service provider collect and submit samples for laboratory testing of influent and effluent to determine if the system meets the performance standards specified in Section 11.38.850. The frequency of this sampling shall comply with the following table.

The service provider shall submit a copy of the laboratory analysis of effluent testing to the Director within thirty (30) days of the date the results are provided to the owner or service provider by the laboratory.

(Ord. 2018-0037 § 31, 2018.)

A.

The approval of a NOWTS for a future expansion area requires recordation of a covenant through the County office of the Registrar-Recorder/County Clerk.

B.

The installation of a NOWTS requires recordation of a covenant through the County Office of the Registrar-Recorder/County Clerk.

C.

The covenant shall inform all future prospective owners of the property of the following:

A NOWTS is installed on the property.

Operation and maintenance of the NOWTS is required to comply with State and local laws.

A service agreement for maintenance and monitoring is required at all times with an approved servicing company.

The Director must be notified in writing within thirty (30) days of a change of servicing company.

Maintenance records and effluent testing results must be submitted to the Director within thirty (30) days of annual servicing.

The owner is required to repair the system and conduct effluent testing of the system if inspection reveals that it is not in compliance with State or local laws.

The owner is required to replace the NOWTS at their own expense if it cannot be repaired to be in compliance.

The owner agrees to allow inspection of the NOWTS within five (5) calendar days, upon notice by the Director, absent an emergency.

(Ord. 2018-0037 § 31, 2018.)