Malibu Municipal Code § 18.4 Owts Permit Application and Other General Requirements

All properties within the City of Malibu are located within the coastal zone as defined in the California Coastal Act and are subject to the policies, standards and provisions of this Chapter in addition to any other policies or standards contained elsewhere in the certified LCP that may apply. Where any policy or standard provided in this Chapter conflicts with any other policy or standard contained in the City's General Plan, Zoning Code or other City-adopted plan, resolution or ordinance not included in the certified LCP, and it is not possible for the development to comply with both the LCP and other plans, resolutions or ordinances, the policies, standards or provisions described herein shall take precedence.

OWTSs and CCWTF shall be designed, sited, installed, operated and maintained in compliance with the policies, standards and provisions contained herein in the LCP. At such time as the rules and regulations developed for OWTSs by the State Water Resources Control Board pursuant to Assembly Bill 885 become effective, if they conflict with the requirements of the LCP, the City shall submit an LCP amendment seeking to modify the requirements of the LCP.

Development involving onsite wastewater discharges shall also be consistent with the rules and regulations of the California Regional Water Quality Control Board-Los Angeles Region, including Waste Discharge Requirements, revised waivers and other regulations that apply.

Except as specifically provided herein, any term used in this Chapter shall be defined as that term is defined in the City's certified LCP. The following words and phrases shall have the following meanings when used in this Chapter:

"CESSPOOL"

means a lined or partially lined underground pit into which raw household wastewater is discharged and from which the liquid seeps into the surrounding soil.

"EFFLUENT DISPERSAL SYSTEM"

means typically a soil-based system containing a bed or trenches with clean gravel and a system of piping through which treated sewage may seep into the surrounding soil for further treatment and disposal. The systems are usually subsurface but can be above the natural grade as well. Typical horizontal systems include leachfields and seepage beds. Vertical systems (i.e., seepage pits) consist of a deep hole and use no piping.

"GRAYWATER"

means domestic wastewater. Graywater does not include water from a toilet, kitchen sink, or dishwasher.

"LEACHFIELD"

means the area used for disposal of septic tank effluent through a non-water-tight artificial structure, conduit, or porous material by downward or lateral drainage, or both, into the surrounding permeable soil. A leachfield is considered a standard subsurface sewage effluent dispersal system/soil absorption field.

"MALIBU VALLEY GROUNDWATER BASIN"

means a small alluvial basin located along the Los Angeles County coastline within the City of Malibu. The basin is bounded by the Pacific Ocean on the south and the non water-bearing Tertiary rocks on all remaining sides.

"ONSITE WASTEWATER TREATMENT SYSTEM" OR "OWTS"

means an onsite system designed to treat and dispose of domestic sewage.

"REGIONAL BOARD"

means the California Regional Water Quality Control Board-Los Angeles Region.

"SEEPAGE PIT"

means a deep hole with a porous-walled inner chamber and a filling of gravel between the chamber and the surrounding soil. Septic tank effluent enters the inner chamber and is temporarily stored there until it gradually seeps out and infiltrates into the surrounding sidewall soil. A seepage pit is considered a vertical sewage effluent dispersal system.

"SEPTIC SYSTEM"

means an onsite system designed to treat and dispose of domestic sewage. A typical septic system consists of a tank that receives waste from a residence or business and a system of tile lines or a pit for disposal of the liquid effluent that remains after decomposition of the solids by bacteria in the tank. Solids remaining in the tank must be pumped out periodically.

"SOIL ABSORPTION SYSTEM"

means a soil-based effluent dispersal system typically containing a bed or trenches with clean gravel and a system of piping through which treated sewage may seep into the surrounding soil for further treatment and disposal. The systems are usually subsurface, but can be above the natural grade as well.

A. A CDP is required for all new OWTSs, for any expansion and modification of an existing OWTS, or for a change in the type or intensity of use of an existing system. The CDP shall not be approved unless (1) the existing or proposed septic system is consistent with the requirements contained in this Chapter, current Guidelines of the Regional Water Quality Control Board or such other requirements of the City of Malibu, whichever are more stringent, or (2) a condition is imposed on the permit that requires upgrade or redesign of the existing septic system, or construction of a new septic system, to comply with the requirements contained in this Chapter.

B. The application for a CDP for OWTS installation and expansion shall include a Site Evaluation Report (SER) prepared by a qualified professional. The SER shall contain results of soils analysis and/or percolation tests including but not limited to: soil conditions, characteristics and estimated permeability, depth of zones of saturation, depth to bedrock, surrounding geographic and topographic features, direction of ground contour and % slopes, distance to drainages, water bodies and potential for flooding. Site limitations and special characteristics shall be listed in the SER.

C. The SER prepared for OWTS installation or expansion shall also include the following information:

1. Existing uses on the site (for expansion only);

2. Existing and proposed locations of all buildings, roads, driveways, and other physical features;

3. Property lines;

4. Easements;

5. Water sources, wells and surface water courses or drainage ways;

6. Locations for septic tank, distribution box or drop boxes, and all other system components;

7. Locations of subsurface sewage effluent dispersal area and replacement area, drawn to scale;

8. Operations and maintenance instructions for OWTS components.

D. The SER prepared for the following developments shall include a cumulative impact analysis evaluating the potential impact by the proposed OWTS(s) on groundwater level and quality (i.e., effects of groundwater mounding, nitrate loading and fecal/pathogen contamination), quality of nearby surface drainages (i.e., nitrate loading and fecal/pathogen contamination), and slope stability:

1. Individual OWTS with flow of greater than 1,500 gallons per day (gpd);

2. Subdivisions;

3. OWTSs for commercial developments;

4. For any lot which involves two or more OWTSs within 100 feet of each other with a combined capacity of over 1,500 gpd;

5. OWTSs for multi-family residential developments;

6. Any "community" disposal system which includes three or more individual homes utilizing one disposal system;

7. System(s) which the City or LA RWQCB has identified as presenting a potential threat to surface water or groundwater beneficial uses; and

8. For systems within areas of known nitrate groundwater problems.

E. The minimum values used in the cumulative impact analysis for the total nitrogen concentration of septic tank effluent shall be 40 mg/L as N (for average flow conditions) for residential wastewater, or as determined from the sampling of comparable system(s) or literature values acceptable to the City. OWTSs shall not cause the groundwater nitrate-nitrogen concentration to exceed 10.0 mg/L as N at any current or potential source of drinking water on or off-site.

F. Groundwater mounding analysis (in the cumulative impact analysis) shall be used to predict the highest rise of the water table and shall account for background groundwater conditions during the wet weather season. The maximum acceptable rise of the water table under treatment systems for short periods of time during the wet weather season, as estimated from groundwater mounding analysis, shall be as follows:

1. All OWTSs: Groundwater mounding beneath the effluent dispersal system/soil absorption field shall not result in more than 50% reduction in the minimum depth to seasonably high groundwater as required under Section 18.7(G).

2. Large Systems: Notwithstanding (F)(1), systems with design flows of 1,500 gpd or more shall have a minimum unsaturated depth of 24 inches beneath the bottom of the subsurface effluent dispersal system (for leachfield or similar systems) or beneath the natural grade (for above ground systems).

G. Development that includes new OWTS(s) or expansion of existing OWTS(s) shall also include the installation of low-flow plumbing fixtures, including but not limited to flow-restricted showers and ultra-low flush toilets, and, where feasible, the elimination of garbage disposals to avoid hydraulic overloading of the OWTS.

H. Where feasible, development that includes new OWTS(s) or expansion of existing OWTS(s) shall divert graywater such as washing machine and bath/shower wastewater from the septic system for separate treatment and/or reuse on site.

I. The construction dimensions of the sewage effluent dispersal system (soil absorption field) of an OWTS shall be based on soils analysis and/or percolation tests. Soils analysis shall be conducted by a California Registered Geotechnical Engineer or a California Registered Civil Engineer in the environmental/geotechnical field and the results expressed in United States Department of Agriculture classification terminology. Percolation tests shall be conducted by a California Registered Geologist, a California Registered Geotechnical Engineer, a California Registered Civil Engineer, or a California Registered Environmental Health Specialist.

J. A valid Standard Operating Permit (SOP) or Renewable Operating Permit (ROP) shall be required for all new, modified, and expanded OWTSs. A SOP shall be issued for standard OWTSs for single-family residences in areas of low environmental sensitivity. A ROP shall be issued for:

1. Systems for commercial and multi-family residential developments;

2. Alternative/enhanced treatment systems;

3. Performance-based systems required to achieve specific water quality criteria.

K. The City shall determine the length of time that a ROP shall remain in effect by one or more of the following considerations:

1. System complexity;

2. Public health concerns;

3. Environmental concerns.

L. The City shall not issue an operating permit until the as-built plans and the operations and maintenance instructions are submitted and the final inspection and testing of the system has been performed. The plans showing placement of soil absorption systems shall be kept on file in City offices.

M. The operating permit shall include all applicable monitoring, operation and maintenance requirements contained in this Chapter and all applicable regulations.

N. The ROP shall further require that maintenance contracts with qualified service providers be established and remain in effect. In addition, the City shall only renew a ROP after a satisfactory compliance inspection. The City shall require any corrections necessary to bring the OWTS into compliance with all applicable regulations. Failure to make the corrections within thirty days after written notification or posting of a correction notice at the site shall result in a violation of the permit process and the issuance of a violation notice by the City.

O. All OWTSs shall be designed, sited, installed, operated, and maintained in full compliance with the requirements contained in this LCP.

A. Any residential land division including single and/or multi-family residential parcels that will use OWTS for wastewater treatment shall be subject to the following criteria for approval:

1. Documented site and soils evaluation by a qualified professional and the City. The evaluation shall be based on a soils analysis and/or percolation test providing information including but not limited to:

a. Depth to groundwater on each proposed lot with an OWTS or, where allowed, lot(s) used for a community OWTS;

b. Seasonal and cyclical variations; and

c. Adequacy of percolation rates in post-grading conditions.

2. Any additional evaluation or testing deemed necessary to satisfy the standards set forth in this LCP and all applicable regulations.

3. Each parcel within the proposed land division shall have a designated subsurface sewage effluent dispersal area. The location of the treatment area shall be determined from evaluation of the site and soil characteristics, and absorption capacity of the soil in gallons per day, per square foot. The treatment areas for all parcels shall be sufficient to accommodate, at a minimum, a 2-bedroom home and the recommended type of treatment system.

4. A plot or site plan prepared by the professional performing the site and soils evaluation noting the dimension and location of the proposed subsurface sewage effluent dispersal area. The subsurface sewage effluent dispersal area shall note the size and dimension of the primary soil absorption field and the reserve field. The reserve field shall have the capability to accommodate the entire wastewater flow. The site plans shall be recorded with the parcel or subdivision map. A copy of the site plan and recommended type of OWTS shall be placed on file with the City.

5. An analysis for the proposed land division showing no potential significant cumulative impact as a result of the construction and operation of the OWTSs on groundwater level and quality (i.e., effects of groundwater mounding, nitrate loading and fecal/pathogen contamination), quality of nearby surface drainages (i.e., nitrate loading and fecal/pathogen contamination), and slope stability.

6. The minimum values used in the cumulative impact analysis for the total nitrogen concentration of septic tank effluent shall be 40 mg/L as N (for average flow conditions) for residential wastewater, or as determined from the sampling of comparable system(s) or literature values. OWTSs shall not cause the groundwater nitrate-nitrogen concentration to exceed 10.0 mg/L as N at any current or existing source of drinking water.

7. Groundwater mounding analysis (in the cumulative impact analysis) shall be used to predict the highest rise of the water table and shall account for background groundwater conditions during the wet weather season. The maximum acceptable rise of the water table for short periods of time during the wet weather season, as estimated from groundwater mounding analysis, shall be as follows:

a. All OWTSs: Groundwater mounding beneath the effluent dispersal system/soil absorption field shall not result in more than 50% reduction in the minimum depth to seasonably high groundwater as required under Section 18.7(G).

b. Large Systems: Notwithstanding the above, systems with design flows of 1,500 gpd or more shall have a minimum unsaturated depth of 24 inches beneath the bottom of the subsurface effluent dispersal system (for leachfield or similar systems) or beneath the natural grade (for above ground systems).

B. Soils analysis shall be conducted by a California Registered Geotechnical Engineer or a California Registered Civil Engineer in the environmental/geotechnical field and the results expressed in United States Department of Agriculture classification terminology. Percolation tests shall be conducted by a California Registered Geologist, a California Registered Geotechnical Engineer, a California Registered Civil Engineer, or a California Registered Environmental Health Specialist.

C. The creation of parcels for commercial use shall conform to the above criteria established for single and multi-family residential parcels except that the designated subsurface sewage effluent dispersal area shall be sized according to the estimated strength and volume of waste flow generated by the commercial facility. The use of OWTS for any waste discharge other than sewage and graywater shall not be allowed without prior approval by the Executive Officer of the Regional Board.

A. OWTSs shall be located above the ten-year floodplain and be protected from standing water to the maximum extent feasible.

B. The construction dimensions of the sewage effluent dispersal area (soil absorption field) of an OWTS shall be based on soils analysis and/or percolation tests. Soils analysis shall be conducted by a California Registered Geotechnical Engineer or a California Registered Civil Engineer in the environmental/geotechnical field and the results expressed in United States Department of Agriculture classification terminology. Percolation tests shall be conducted by a California Registered Geologist, a California Registered Geotechnical Engineer, a California Registered Civil Engineer, or a California Registered Environmental Health Specialist.

C. Septic tank and leach area systems shall be used only where the proposed site can maintain subsurface disposal. When a percolation test is required, no standard OWTS shall be permitted to serve a new development or redevelopment if that test shows the absorption capacity of the soil is less than 0.83 gallons per square foot (33.8 L/m) per 24 hours.

D. The proposed site for subsurface sewage effluent dispersal system/soil absorption system shall also be free from poorly drained soils and soils or formations containing continuous channels, cracks, or fractures, unless a setback of 250 ft. to domestic water supply well or surface water is assured, or unless secondary or tertiary wastewater pre-treatment is provided prior to discharging to the system.

E. Under no circumstances shall construction of new cesspools be allowed.

F. Use of treated OWTS effluent for above-surface irrigation, as an alternative to subsurface treatment, shall require the design and operation approval by the Executive Officer of the Regional Board and/or any other applicable permitting authorities.

G. Depth from the bottom of the effluent dispersal system to groundwater shall be based upon percolation rate, but no less than 5 feet. Groundwater shall be defined as the highest seasonal level of the permanent water table in the soil.

H. Seepage pits shall be used only where distances between pit bottom and groundwater is equal to or greater than the following minimum separations, based on soil type:

1. 50 ft (Gravels — soils with over 95% by weight coarser than a No. 200 sieve and over half of the coarse fraction larger than a No. 4 sieve);

2. 20 ft (Gravels with few fines — soils with 90% to 94% coarse fraction larger than a No. 4 sieve);

3. 10 ft (Other).

I. Standard systems shall not be placed on soils having percolation rates above 60 minutes per inch (mpi) or below 5 mpi. Enhanced treatment/alternative systems offering secondary or tertiary effluent treatment prior to discharging to any subsurface sewage effluent dispersal system shall be used instead.

J. Beachfront development that includes new OWTS(s) or expansion of existing OWTS(s) shall provide secondary or tertiary effluent treatment prior to discharging to any subsurface sewage effluent dispersal system.

K. Siting of soil absorption fields/effluent dispersal systems on slopes greater than 10% shall be evaluated to assess possible impacts of lateral migration of effluent. The evaluation results shall be included in the SER. No soil absorption fields shall be located on slopes greater than 45%. Conventional gravity trench leachfields shall not be installed on slopes greater than 30%. Soil absorption fields located on slopes between 30 and 45% shall be designed to address critical factors of soil depth, restrictive horizons, soil permeability, application rates and disposal methods. The soil shall have a minimum effective depth of six feet with no evidence of seasonal saturation.

L. Where a cumulative impact analysis has been performed as required in this Chapter, OWTS installation or expansion shall be allowed only if all of the following are true:

1. OWTSs will not cause the groundwater nitrate-nitrogen concentration to exceed 10.0 mg/L as N at any current or potential source of drinking water on or off-site; and

2. The maximum acceptable rise of the water table under treatment systems for short periods of time during the wet weather season, as estimated from groundwater mounding analysis, shall be as follows:

a. All OWTSs: Groundwater mounding beneath the effluent dispersal system/soil absorption field shall not result in more than 50% reduction in the minimum depth to seasonably high groundwater as required under Section 18.7 (G); and

b. Large Systems: Notwithstanding the above, systems with design flows of 1,500 gpd or more shall have a minimum unsaturated depth of 24 inches beneath the bottom of the subsurface effluent dispersal system (for leachfield or similar systems) or beneath the natural grade (for above ground systems).

M. All OWTSs on new developments and redevelopments shall comply with the following horizontal setbacks (in feet):

N. Design flows shall be estimated by one of two methods: by number of bedrooms for the proposed dwelling or by estimating the treatment capacity of the subsurface sewage effluent area/soil absorption field in gallons per day per square foot (gpd/sf). In sizing by number of bedrooms the designer shall use a minimum of 300 gallons per day per bedroom (gpd/bdrm) or 120 gpd/bdrm for low-flow fixtures. The dwelling shall be designed not to exceed the maximum number of fixture units or number of bedrooms than can be supported by the estimated maximum daily flow. For commercial developments, the design flows shall be based on the estimated waste/sewage flow rates for the various commercial uses identified in Table K-3 of the City of Malibu's most recently adopted Uniform Plumbing Code, as amended.

O. All systems shall comply with the following application rates according to the different soil textures:

P. Septic tanks shall be designed to provide a minimum retention time of at least 24 hours, with one-half to two-thirds of the tank volume reserved for sludge and scum accumulation. The appropriate septic tank capacity shall conform to requirements contained in Table K-2 of the City of Malibu's most recently adopted Uniform Plumbing Code, as amended.

Q. There shall be a minimum of 100% reserve area set aside for replacement of the soil absorption field. The backup field shall be capable of accommodating the entire wastewater flow.

R. No soil absorption fields/subsurface effluent dispersal systems shall be allowed beneath nonporous paving or surface covering.

S. Soils in the designated soil absorption field shall not be compacted during construction and post construction of new developments and redevelopments. Construction vehicles shall be restricted from entering the designated soil absorption field area. Septic owners shall not place buildings, livestock, impervious materials, equipment, parking areas, or driveways over the soil absorption area. Surface and subsurface soils in these areas shall not be removed, ripped, contoured or compacted.

A. Alternative systems are defined as any system other than a standard system. They shall be used on parcels where site and soil conditions will not support a standard system or where increased treatment is needed. They are generally characterized as having increased design and performance criteria.

B. Alternative systems shall be designed by a California Registered Geologist, California Registered Geotechnical Engineer, California Registered Civil Engineer or a California Registered Environmental Health Specialist.

C. Alternative systems shall be reviewed on a case-by-case basis. Their use shall be combined with a reasonable testing and monitoring protocol subject to approval by the Executive Officer of the Regional Board. Alternative systems shall be tested and evaluated for a minimum of three years. The owner of the system shall be responsible for the performance, operation and evaluation of the system for the first five years. Thereafter, the owner shall assume responsibility for repair and/or replacement should the system fail to perform in accordance with applicable requirements contained in the operating permit, this LCP and any other pertinent regulations.

D. Package wastewater treatment plants shall only be used on parcels where site and soil conditions will not support a standard system and other alternative systems or where it can be demonstrated that a package treatment plant would have fewer adverse impacts to coastal resources, water quality or geology stability than traditional or other alternative systems. Package treatment plants shall be designed by a California Registered Civil Engineer.

E. Package wastewater treatment plants shall be reviewed on a case-by-case basis. Their use shall only be considered when combined with a reasonable testing and monitoring protocol subject to approval by the Executive Officer of the Regional Board. Package wastewater treatment plants shall be tested and evaluated for a minimum of three years. The owner of the system shall be responsible for the performance, operation and evaluation of the system for the first five years. Thereafter, the owner shall obtain a Renewable Operating Permit from the City and assume responsibility for repair and/or replacement should the system fail to perform in accordance with applicable requirements contained in the operating permit, this LCP and any other pertinent regulations.

F. The construction of public package wastewater treatment facilities may be permitted where it is demonstrated to be the preferable long-term wastewater management solution, where it is designed to not exceed the capacity for growth allowed in the LCP, and where it can be constructed consistent with all requirements of this LCP and all applicable regulations.

A. Owners and/or operators of new, expanded, or modified septic systems shall submit monitoring and evaluation reports to the City with results of inspection and maintenance work performed every three years, or according to any similar requirements in the operating permit, whichever is more frequent. The septic owners and/or operators shall be responsible for proposing and undertaking all measures necessary to ensure the continuing proper operation and adequate capacity of the septic tank and leach line systems. The first report shall be submitted, at the latest, three years from the date of issuance of the operating permit.

B. The City should have a continuing public education program to provide homeowners with onsite system operation and maintenance guidelines. Information can be distributed by mailing with water bills or another method on an annual basis. Homeowners shall be informed of the routine OWTS inspection and maintenance needs and notified that they should periodically check their septic tank for pumping need. Homeowners shall also be notified of other problems indicative of system failure. Some examples include wet spots in leachfield area, lush grass growths, slowly draining wastewater, and sewage odors.

C. Permit conditions shall be imposed to ensure that all new, expanded, or modified OWTSs subject to a CDP issued pursuant to this LCP are maintained, operated and monitored in accordance with the following requirements:

1. Septic tanks shall be inspected every two to five years to determine the need for pumping. If garbage grinders or dishwashers discharge into the septic tank, inspection should occur at least every two years.

2. Septic tanks shall be pumped when the clear liquid zone separation in the tank is less than 2/3 of the total depth in the tank.

3. Leachfields shall be alternated when leachfield inspection pipes reveal a high water level.

4. OWTSs shall be operated and maintained to prevent the surfacing of effluent. In the event of surfacing effluent, the owner shall minimize use or cease operation of the system until it is repaired.

5. No buildings, livestock, impervious materials, equipment, parking areas, or driveways shall be placed over the subsurface sewage effluent dispersal areas/soil absorption fields. Surface and subsurface soils in the treatment areas shall not be removed, ripped, contoured or compacted. The treatment areas may be tilled with a light duty, hand operated garden tiller (no tractor operated implements), hand graded and covered with lawn or non-invasive plants. The treatment areas may be irrigated with portable sprinklers or landscape irrigation. Flood irrigation and surface drainage shall not encroach on or impact components of the OWTS.

6. The septic owner and/or operator shall control the wastewater discharge to the system within the design quantity and strength parameters.

7. The septic owner and/or operator shall operate and maintain their system in conformance with the conditions prescribed in the operating permit and the designer and installer's recommendations.

D. Septic owners and/or operators of new, expanded, or modified OWTSs subject to a CDP issued pursuant to this LCP shall use one or more of the following management methods to monitor and maintain their systems:

1. For a standard OWTS with a Standard Operating Permit, owners may manage their own system and provide to the City routine monitoring and evaluation reports per requirements set forth by the City.

2. Recording the requirement for an on-going service contract on the property deed and implementing the requirement.

3. Obtaining a Renewable Operating Permit with the requirement for maintaining a service contract by employing a qualified public or private entity to provide monitoring and maintenance of OWTSs.

4. Obtaining the services of a management entity (e.g., public utility districts, water & sewer districts, special-use districts, and corporations and home-owner associations with demonstrated capacity to assure long-term management) to provide maintenance, operation and monitoring assurance.

E. Permit conditions shall be imposed to require that: prospective buyers of property with new, expanded, or modified OWTSs authorized in a CDP issued pursuant to this LCP shall be informed of any enforcement action affecting the property; the seller shall have his/her OWTS(s) inspected at the time of property sale prior to close of escrow; certified staff or representative officer of the City, or a qualified professional, at the expense of the property owner, shall prepare an inspection report; and the report shall be presented to the buyer and City. The report shall contain the following information:

1. The type, configuration and condition of the septic tank, the primary soil treatment system (and reserve treatment area if known) and any enhanced treatment components and treating devices.

2. The operation status of the system as observed in the field or taken from recent monitoring reports on file with the City.

3. Pumping need of the septic tank(s).

4. Any observable problems or needed repairs requiring immediate attention.

5. An estimate of remaining usable area on the parcel to support repair or expansion of the existing soil absorption field if no known expansion site has been designated for the system.

A. The City will develop, adopt and implement, by December 31, 2004, a Wastewater Management Plan (WMP) in consultation with the Environmental Review Board, Wastewater Advisory Committee, and other pertinent City committees, to address future wastewater issues. The WMP should include a set of management objectives, and an accompanying set of associated elements and activities targeted towards the satisfactory achievement of the objectives. The WMP should map out actions for the City to:

1. Identify its management objectives;

2. Evaluate whether its current program is adequate;

3. Determine both an appropriate management program, and the necessary program enhancements to achieve its management objectives and public health and environmental goals; and

4. Establish a funding structure.

B. The WMP should provide a flexible framework and guidance to best tailor the City's programs to the specific needs of the community, and to the institutional capacity of the regulatory authority. As such, the WMP should provide the necessary framework, guidelines and legal authority for:

1. Creation of an OWTS inventory;

2. Establishment of a computer-based record keeping and reporting program to ensure that up-to-date records are kept of location, ownership, site evaluation, design, and compliance reports are maintained, and performance of systems is monitored;

3. Enhancement of system operator/owner's awareness of maintenance needs;

4. Performance monitoring of all new, expanded, or modified OWTSs subject to a CDP issued pursuant to this LCP throughout the jurisdiction or in concentrated areas of special concern, whichever is considered appropriate to protect public health and safety and evaluate the effects on ground and surface water quality;

5. Inspection of OWTSs as prescribed by this LCP, the WMP and all applicable regulations;

6. Management of enhanced treatment/alternative systems and/or large, complex systems (e.g., systems for multi-family or commercial developments), on new developments and redevelopments, through maintenance contracts and Renewable Operating Permits;

7. Required performance monitoring for complying with specific water quality criteria where applicable;

8. Requirements for a regional receiving water monitoring program, including surface and groundwaters, designed to detect impacts from any OWTS, and developed in coordination with the Los Angeles Regional Water Quality Control Board.

C. The WMP should, to the extent practicable, follow the framework and guidelines provided in the September 26, 2000, Draft EPA Guidelines for Management of Onsite/Decentralized Wastewater Systems, or any modifications thereof.

A. CDP Required. A CDP shall be required for construction of each phase of the Civic Center Wastewater Treatment Facility (CCWTF), and associated infrastructure including, but not limited to: pump stations, wastewater collection and recycled water distribution pipelines, groundwater injection wells, except for those activities that are exempted pursuant to LIP Section 13.4.

B. The CCWTF shall maximize the use of reclaimed water produced by the facility and, where feasible, to substitute the reclaimed water for potable water uses. As such, for purposes of LIP Chapter 4 (ESHA) and LIP Chapter 17 (Water Quality), the CCWTF shall be considered a necessary water supply project that includes incidental public service purposes, including but not limited to, burying cables and pipes or inspection and maintenance.

C. All new development, excluding minor remodels and additions to existing structures, approved within the Prohibition Area shall be conditioned to install all necessary plumbing and other improvements to allow the development to connect to reclaimed water lines when they are available and make the maximum feasible use of reclaimed water.

D. The City shall encourage the retrofit of existing development to connect to reclaimed water lines when available and the substitution of reclaimed water for as many existing potable water uses as feasible.

E. Offsite pipelines and ancillary infrastructure:

1. Pipelines and ancillary infrastructure associated with the project, such as but not limited to pump stations, generators, and wells not located on the treatment plant site, shall be located underground whenever feasible and/or in disturbed areas, especially under existing paving, as much as possible to avoid ESHA, native trees, trails, public recreational use areas (such as within parks), and visual impacts.

2. New offsite pipelines and ancillary infrastructure shall be sited and designed to avoid impacts to ESHA to the maximum extent feasible. Any temporary impacts to ESHA from excavation, trenching, or other construction disturbance shall be fully restored. Permanent impacts to or loss of ESHA shall be offset by either: (1) habitat restoration; (2) habitat conservation; or (3) payment of an in lieu fee in accordance with LIP Section 4.8.1. The applicant shall provide a preliminary calculation of any impact areas for review and approval by the City Biologist as part of the CDP application and a final calculation prior to issuance of a grading permit for the development affecting the ESHA resources.

F. Supplementary Application Requirements. In addition to any other application materials required by this LCP, the application for a CDP for the CCWTF and associated infrastructure including but not limited to: pump stations, wastewater collection and recycled water distribution pipelines, groundwater injection wells and any future phase shall include the following:

1. An engineering report that includes a project description and the basis of design for collection system flows, anticipated treatment system performance requirements, construction requirements, effluent disposal methods, water reclamation capacity and a facility site plan.

G. Findings. A CDP for the CCWTF, (or modifications to the facility) and associated infrastructure including, but not limited to: pump stations, wastewater collection and recycled water distribution pipelines, and groundwater injection wells shall only be approved if the City makes all applicable findings required in the LCP and the following:

1. The proposed project is designed to serve a capacity of development that does not exceed the amount allowed by the LCP.

2. The proposed project is consistent with regulatory requirements of the City of Malibu and applicable agencies, including, but not limited to, the Regional Water Quality Control Board.

3. The project, including any proposed new or modified method of effluent disposal, is consistent with policies requiring protection of marine resources, riparian habitat and water quality.

H. System Design and Performance Requirements.

1. The build out design capacity of the CCWTF, including all phases, shall not exceed the amount of development allowed by the LCP.

2. The project shall comply with the requirements contained in this chapter, current Guidelines of the Regional Board or such other requirements of the City of Malibu, whichever are more stringent.

3. The CCWTF treatment plant and all associated infrastructure shall be sited and designed in conformance with LIP Section 3.4.4 and all applicable LCP policies and standards.

4. Pipeline crossings of streams and/or encroachment into riparian/wetland areas shall be avoided except where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effect. Such crossings or encroachments shall be sited in disturbed areas or underground to the maximum extent feasible, and shall be designed to be the least environmentally damaging alternative, given consideration of both construction and operation/maintenance.

5. Effluent disposal methods shall be the least environmentally damaging feasible alternatives, and shall maximize reuse of recycled wastewater as much as feasible in accordance with LCP policies.

6. The facility shall incorporate industry-standard fail safes, redundancies, and other such secondary protection measures as necessary to minimize the potential for environmental damage.

7. All segments of pipeline crossing over any portion of the Malibu Coast Fault shall be designed to resist earth movement to the maximum extent feasible through the use of flexible piping material.

8. The removal of ESHA for the purpose of installing landscaping for the purpose of disposing of reclaimed water shall be prohibited. Irrigation of ESHA with reclaimed water shall also be prohibited.

A. The expansion of existing community sewer facilities (package wastewater treatment plants, dedicated sewer service systems, existing trunk lines, etc.) in existing developed areas shall be limited in capacity to the maximum level of development allowed by this LCP.

B. The formation of Onsite Wastewater Disposal Zones pursuant to Section 6950 et seq. of the California Health and Safety Code should be investigated and considered for use as a method to protect water quality in areas where site-specific soil and groundwater conditions may adversely affect the performance of OWTSs. Such areas of special concern may include the Civic Center area, the Point Dume area, the immediate coastal strip and any areas known to have poor percolation rates, a high water table or known to be prone to geologic hazards. These zones could be used to establish site-specific design criteria, inspection and maintenance frequencies, monitoring protocols, performance standards and other water quality protection practices.

C. A City-wide public sewer system may be designed and proposed where it is found to be the least environmentally damaging wastewater treatment alternative, where it is designed to serve a capacity of development which does not exceed the amount allowed by the LCP, and where it is found to be consistent with all other policies of the LCP. In particular, the proposed method of effluent disposal shall be required to be consistent with policies requiring the protection of marine resources, riparian habitat and water quality.

D. Any proposed sewer system shall be submitted to and approved by the Coastal Commission as an LCP amendment prior to issuance of local permits and construction. Any assessment district formed to finance construction of a public sewer system shall be considered a public works project pursuant to PRC Section 30114.

E. Additional water storage facilities and/or new pipelines may be allowed in the City to replace deteriorated or undersized facilities and/or to ensure an adequate source of domestic and fire protection water supply during outages or pipeline interruptions provided such facilities are designed and limited to accommodate existing or planned development allowed by the Land Use Plan and are consistent with all applicable policies of the LCP.

F. Once the CCWTF begins operating, new or modified water wells within the Malibu Valley Groundwater Basin shall be allowed only in accordance with the groundwater protection zone requirements established by the California Department of Public Health.

(Ord. 393 § 4, 2015; Ord. 303 § 3, 2007)