Marin County Municipal Code Ch. 18.07 Alternative Sewage Disposal Systems

The provisions of this chapter are intended to insure that the disposal of sewage by means of an alternative sewage disposal system shall be accomplished in a safe and sanitary manner in order to protect the public health, safety and welfare to the greatest extent possible.

(Ord. 3233 § 2 (part), 1996)

This chapter is applicable to all alternative sewage disposal systems in the unincorporated area of Marin County. This chapter does not apply to any industrial site which may discharge sewage or industrial waste. However, where a governmental entity has entered into an agreement with the Regional Water Quality Control Board and county board of supervisors to assume responsibility for regulating or issuing permits to construct, repair, relocate, abandon, install, alter, modify or replace alternative sewage disposal systems, then the provisions of this chapter shall not apply within the jurisdictional limits of that entity for the scope of responsibility assumed by the entity.

(Ord. 3233 § 2 (part), 1996)

Any alternative sewage disposal system proposed within the coastal zone, as defined by the Coastal Act of 1976, may be subject to a coastal development permit pursuant to Chapters 22.56 and 22.57 of this code. Different standards, as set forth in Chapters 22.56 and 22.57, are applicable to projects located in coastal districts.

(Ord. 3233 § 2 (part), 1996)

For the purposes of this chapter, the following definitions shall apply:

CONSTRUCTION PERMIT. "Construction permit" means a permit issued by the health officer which authorizes the construction of an alternative sewage disposal system.

CUMULATIVE IMPACT ASSESSMENT. "Cumulative impact assessment" means an assessment of potential impacts which may occur as a result of the installation of an alternative sewage disposal system. The assessment examines groundwater mounding, groundwater nitrate loading and may include other issues the health officer believes because of special circumstances relative to the size, type or location of the alternative sewage disposal system (or systems) warrant such analysis.

HEALTH OFFICER. For the purposes of this chapter, the term "health officer" means the Marin County health officer, the chief of environmental health services division, or their authorized representatives.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM. The term "individual sewage disposal system" means and includes any system of piping, treatment devices or other facilities (excluding chemical toilets) that store, convey, treat or dispose of sewage which is discharged anywhere other than into a public sewer system.

A. STANDARD SEWAGE DISPOSAL SYSTEM. A sewage disposal system which includes a septic tank (with or without the use of sump chamber and pump) by which method subsurface effluent is disposed of through leach lines.

B. ALTERNATIVE SEWAGE DISPOSAL SYSTEM. Any individual sewage disposal system which may or may not include a standard septic tank for treatment, or does not include standard leaching trenches for effluent disposal, which has been demonstrated to function in such a manner as to protect water quality and preclude health hazards and nuisance conditions.

OPERATING PERMIT. "Operating permit" means a permit issued by the health officer which authorizes operation of the alternative sewage disposal system and shall be renewed at least every two years or as otherwise specified on a case-by-case basis. The operating permit is intended to serve as the basis for verifying the adequacy of the alternative sewage disposal system performance and maintenance. Operating permits are issued after granting of the certificate of installation.

PERSON. The term "person" includes any person, firm, association, corporation, or any members, agents or employees of the foregoing.

PUBLIC SANITARY SEWER SYSTEM. The term "public sanitary sewer system" means any publicly owned and maintained system of sewage conveyance, piping, or any part thereof, that transports sewage away from the properties of origin to publicly owned and operated sewage treatment and disposal facilities.

SEWAGE. The term "sewage" means any and all liquid or solid waste substance, which is associated with human habitation and/or which contains or may be contaminated with human or animal excrement or offal.

SITE EVALUATION. A "site evaluation" is an evaluation performed by a qualified professional in compliance with the Marin County Regulations for Design, Construction and Repair of Individual Sewage Disposal Systems to determine site suitability for the alternative sewage disposal system.

(Ord. 3233 § 2 (part), 1996)

It is unlawful for any person to do any of the following:

A. Construct, abandon, modify, relocate, install, alter, repair or replace an alternative sewage disposal system or a component element thereof, which system is subject to the provisions of this chapter, without first obtaining a permit from the health officer in accordance with the provisions of this chapter and regulations issued hereunder;

B. Construct, alter, rebuild, use, occupy or maintain any residence, place of business or other structure where persons reside, congregate or are employed, which is not provided with a means of disposal of sewage by connection to a public sewer system or an alternative sewage disposal system, without first obtaining approval, construction permit, and/or operating permit from the health officer;

C. Construct, use, or maintain any alternative sewage disposal system in such a manner as to threaten public health or water quality or overflow onto public or private land or affect any river, stream, creek, spring, lake, pond, reservoir, swamp, ocean, bay, water supply or water system.

(Ord. 3233 § 2 (part), 1996)

Sewage disposal shall be by means of a connection to a public sewer system if the nearest sewer is within four hundred lineal feet of the parcel in which the structure generating the sewage is to be constructed or existing system is currently located. If at any time a public sewer system is installed within four hundred feet of a property currently without the benefit of such public system and operating on an alternative sewage disposal system, that property shall be required to connect to the new public sewer system at that time. This requirement may be waived by the health officer if s/he finds connection to a public sewer is legally or physically impossible.

(Ord. 3233 § 2 (part), 1996)

Building permit applications for structures incorporating an individual sewage disposal system shall be endorsed by the health officer.

(Ord. 3233 § 2 (part), 1996)

The health officer is authorized to issue regulations, providing criteria to carry out the purposes of this chapter. Such regulations shall be approved by the board of supervisors and Regional Water Quality Control Board prior to their effectiveness. The health officer is authorized pursuant to Section 18.07.105 of this chapter to grant a waiver/variance to any particular requirement imposed by such regulations for the construction of a new alternative sewage disposal system if s/he determines that the general purposes of this chapter will be achieved by such waiver/variance.

(Ord. 3233 § 2 (part), 1996)

Every person shall obtain permits as provided for by this chapter to repair, replace, alter, relocate, install, abandon, modify, construct or operate an alternative sewage disposal system unless installation of a standard sewage disposal system is feasible or connection to a sanitary sewer is required.

(Ord. 3233 § 2 (part), 1996)

All applications for alternative sewage disposal system site evaluation, construction or operating permits shall be submitted in writing to the Marin County community development agency, division of environmental health services, on forms supplied by the health officer. The application shall be accompanied by fees as specified in the most recently adopted resolution of the board of supervisors designating fees for environmental health services.

(Ord. 3233 § 2 (part), 1996)

Site evaluations shall be performed on all lots for which alternative sewage disposal systems are proposed. Site evaluations shall include, but may not be limited to, a soil evaluation, percolation tests and high seasonal groundwater determination. Site inspections may also be conducted by the health officer to verify compliance with any or all provisions of the regulations.

(Ord. 3233 § 2 (part), 1996)

Alternative sewage disposal systems shall also require an assessment of potential cumulative impacts that could result from the installation of the alternative system. Cumulative impact assessments shall be required according to the type of installation, the type of alternative system and the type of cumulative impact issue of concern. The results of the cumulative impact assessment shall be submitted for review to the health officer and may be grounds for denial or revision of the proposed alternative system.

(Ord. 3233 § 2 (part), 1996)

Engineering plans and site data for alternative sewage disposal systems shall be submitted in accordance with the Marin County Regulations for Design, Construction and Repair of Individual Sewage Disposal Systems. Engineering plans for alternative sewage disposal systems shall be signed by a registered civil engineer or registered environmental health specialist. In addition to site data and supporting engineering calculations, alternative sewage disposal system applications shall include the following:

A. Contingency plan which outlines specific actions to be taken to repair, expand or replace the system, should the need arise;

B. Construction inspection schedule which identifies critical points during the construction at which time inspections will be made by the system designer;

C. Operation, maintenance and monitoring instructions which provide brief and simple guidelines to the system owner(s) regarding the operation of the system, system owner responsibilities and system monitoring needs;

D. A recordable irrevocable license agreement authorizing access by the health officer, Regional Water Quality Control Board personnel and agents to the applicant's property for periodic inspection of system operation;

E. The applicant shall record a supplement to application to construct an alternative sewage disposal system on a form provided by the health officer.

(Ord. 3489 § 2 (part), 2008; Ord. 3233 § 2 (part), 1996)

If, after investigation, the health officer determines that the alternative sewage disposal system application is in accordance with the terms of this chapter and any regulations issued pursuant thereto, the health officer shall approve or conditionally approve the application for an alternative sewage disposal system. Such approval may be made subject to such conditions as the health officer deems necessary to insure compliance with this chapter, and any regulations issued pursuant thereto.

The health officer shall issue a written notice of decision granting, denying or granting with conditions any application for an alternative sewage disposal system. The notice of decision shall be sent to an applicant by certified mail and shall inform an applicant of his or her appeal rights. The appeal period shall run from the mailing date of the notice of decision.

Any such approval shall become null and void under the following circumstances:

A. The work authorized has not been commenced within one year after approval, unless an extension of an additional one year has been granted by the health officer;

B. Construction of the approved system has commenced but subsequently abandoned for a continuous period of ninety days;

C. Construction of the approved system is not proceeding in accordance with the terms of approval.

(Ord. 3233 § 2 (part), 1996)

A construction permit is issued after all required siting and design standards have been found to comply with Section 800, Alternative Systems, of the Regulations for Design, Construction and Repair of Individual Sewage Disposal Systems.

(Ord. 3233 § 2 (part), 1996)

The certificate of installation is issued upon completion of the construction of the alternative sewage disposal system. Issuance of the certificate of installation does not authorize operation of the system but acknowledges completion of the construction of the system within the terms of both the health officer approval and the construction permit.

(Ord. 3233 § 2 (part), 1996)

Each alternative sewage disposal system shall have a valid operating permit to ensure the continued proper maintenance and operation of the system as designed and constructed. An operating permit is issued after issuance of the certificate of installation. Operating permits are issued for a period of two years, unless otherwise specified by the health officer in accordance with written guidelines established by the health officer. Operating permits shall be renewed in accordance with the terms of the permit or as otherwise specified by the health officer. Renewal of an operating permit requires an application, a fee, and the results of the required system inspection and monitoring demonstrating continued proper maintenance and operation of the system as designed and constructed. Operating permits must also be renewed at the time of property sale or, in the case of commercial properties, upon change in occupants. Each operating permit shall include the design wastewater flows of the system. Certified copies of operating permits shall be recorded in the office of the county recorder of Marin County. Operation of an alternative sewage disposal system prior to issuance of an operating permit, without a currently valid operating permit, or after revocation of an operating permit shall be deemed a violation of the provisions of this chapter. Failure to submit a renewal application, or fee or inspection and monitoring results, or failure to undertake required corrective measures as specified by the health officer may result in nonrenewal or revocation of the operating permit.

(Ord. 3233 § 2 (part), 1996)

The health officer may grant a waiver/variance to any particular requirement imposed by the regulations for the construction of a new alternative sewage disposal system if s/he determines that the general purpose of this chapter will be achieved by such waiver/variance. Requests for a waiver/variance to any requirement of the regulations for the construction of a new alternative sewage disposal system shall be submitted in writing to the Marin County community development agency, division of environmental health services, on forms supplied by the health officer. The application shall be accompanied by fees as specified in the most recently adopted resolution of the board of supervisors designating fees for environmental health services. Upon determination that the application has been accepted for filing, a copy of the waiver/variance application shall be transmitted to the Regional Water Quality Control Board. The Regional Water Quality Control Board shall be requested to comment upon the waiver/variance application within thirty days unless the thirty-day review period is waived by Regional Water Quality Control Board staff.

A. The health officer shall review the wai-ver/variance request and conduct an investigation to determine whether the waiver/variance should be granted. After conclusion of the investigation, the health officer shall prepare a written order granting or denying the waiver/variance, and shall include in such written order specific findings of fact and reasons for its granting or denial. The health officer may grant a waiver/variance for the construction of a new alternative sewage disposal system, with or without conditions, only if all of the following findings are met:

1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Regulations for Design, Construction and Repair of Individual Sewage Disposal Systems is found to deprive the subject property of privileges enjoyed by other properties in the vicinity;

2. That the granting of the waiver/variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity in which the subject property is situated;

3. That the granting of the waiver/variance shall not be detrimental to the general public health, welfare or safety of the community;

4. That the granting of the waiver/variance shall not be one of a potential series of waivers/variances that together may cause an adverse threat to water quality or public health;

5. That the granting of the waiver/variance shall not result in degradation of the quality of nearby surface waters or ground waters such that existing or potential beneficial uses of these waters would be adversely impacted; and

6. That the granting of the waiver/variance is determined to be in substantial compliance with the Alternative Sewage Disposal System Regulations which have been established by mutual agreement of the County of Marin and the Regional Water Quality Control Board.

B. 1.

Administrative waivers/variances may be granted by the Health Officer, subject to compliance with CEQA, for the following:

a. A variance not to exceed ten percent of any horizontal and vertical setback requirement contained in the Marin County Regulations for Design, Construction and Repair of Individual Sewage Disposal Systems.

b. A variance not to exceed ten percent of the residential gross floor area square footage limitations set forth in Section 204 of the Marin County Regulations for Design, Construction and Repair of Individual Sewage Disposal Systems.

c. A variance not to exceed ten percent of the required size of a dual drainfield design, as set forth in Marin County Regulations for Design, Construction and Repair of Individual Sewage Disposal Systems.

d. A variance not to exceed ten percent of the normally required trench backfill cover, as set forth in Marin County Regulations for Design, Construction and Repair of Individual Sewage Disposal Systems.

e. No more than two variance/waiver requests may be approved under this section for any given septic system design. Any requests for more than two variance/waivers, or any request for a reduction in the setback to groundwater, watercourses or waterbodies, or well or spring sources, shall be subject to the full variance/waiver procedure.

2. Administrative decisions on a proposed variance application shall be noticed as follows:

a. Written notice shall be mailed or delivered at least ten days prior to the order of decision to the following parties:

(1) The owner(s) or owner's agent of the property being considered, and the applicant;

(2) Each local agency expected to provide essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected by the proposed project;

(3) All owners of real property within three hundred feet of the property which is the subject of the administrative action, as shown on the County's latest equalized assessment roll; and

(4) Any person who has filed a written request for notice with the health officer.

b. Written notice shall be posted in at least three locations on or adjacent to the property which is the subject of the application at least ten days prior to the administrative decision.

3. Any party may submit comment to the Health Officer within ten days of notice.

4. The health officer shall announce and issue an order of decision at the conclusion of ten days. The decision shall contain applicable findings and any conditions of approval and shall be mailed to the applicant and any party requesting it.

5. Appeals may be filed consistent with the process set forth in Section 18.07.107 (F).

C. Public hearing waivers/decisions may be granted by the Health Officer for all requests for a waiver/variance to any requirement beyond those set forth in subsection (B) above. Public hearings shall be conducted as set forth in Marin County Code section 18.07.107.

(Ord. 3489 § 2 (part), 2008; Ord. 3233 § 2 (part), 1996)

When a public hearing is required on a waiver/variance application, public notice shall be given and the hearing shall be conducted in compliance with this section.

A. Content of Notice. The public shall be provided notice of hearings in compliance with state law. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing authority; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the county's CEQA guidelines, the hearing notice shall include a statement that the hearing authority will also consider approval of the proposed negative declaration or certification of the final environmental impact report (EIR).

B. Method of Notice Distribution. Notice of a public hearing required by this chapter for a waiver/variance or appeal shall be given as follows, as required by Government Code Sections 65090 and 65091 (the health officer shall chose to comply with either subsections B1 or B2, and shall comply with subsection B3):

1. Notice shall be published at least once in a local newspaper of general circulation in the county at least ten days before the hearing; or

2. Notice shall be posted in at least three public places in the area of the property which is the subject of the hearing at least ten days before the hearing; and

3. Notice shall be mailed or delivered at least ten days before the hearing to:

a. The owner(s) of the property being considered or the owner's agent, and the applicant,

b. All owners of real property as shown on the county's latest equalized assessment roll within three hundred feet of the property which is the subject of the hearing, and

c. Any person who has filed a written request for notice with the health officer.

C. Scheduling of Hearing. The matter shall be scheduled for public hearing within sixty days from the date the completed application was filed and at least thirty days after transmittal of the application to the Regional Water Quality Control Board unless the thirty day review period is waived by Regional Water Quality Control Board staff.

D. Hearing Procedure. Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. Any hearing may be continued provided that before the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time and place to which the hearing will be continued. The hearing shall be informally conducted and the rules of evidence need not apply. The applicant(s) and real property owners entitled to notice may appear personally, produce evidence, and have counsel retained at their expense.

E. Notice of Decision — Health Officer. The health officer shall announce and issue an order of the decision at the conclusion of a scheduled hearing, or continue the hearing to a specified date, time and place at which time the decision will be announced. The decision shall contain applicable findings and any conditions of approval. After the decision is announced, applicant(s) and real property owners entitled to notice shall be informed of their appeal rights. The time to file an appeal runs from the date the health officer's decision is announced. Following the hearing, a written notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application and any party requesting it. In addition, the notice of decision shall include a statement that the waiver/variance granted by the health officer may require a waste discharge permit from the Regional Water Quality Control Board.

F. Appeals. In the event that any applicant(s) for a waiver/variance and/or any owners of real property as shown on the county's last equalized assessment roll within three hundred feet of the property which is the subject of the hearing who are entitled to notice are dissatisfied with the decision of the health officer, said persons shall have the right to request a hearing before the board of appeals consisting of: health services-public health officer, the community development agency director and the public works director.

Actions or appellate determinations of the board of appeals may be appealed to the board of supervisors.

G. Filing Appeals — Board of Appeals. Appeals shall be addressed to the appellate body, in writing and shall state the basis of the appeal. Appeals shall be filed in the office of environmental health services no later than four p.m. of the tenth calendar day following the date that the decision of the health officer from which an appeal is taken was announced. Appeals shall be accompanied by the filing fee as specified in the current resolution of the board of supervisors establishing fees for environmental health services.

H. Notice of Hearing — Appeals. Notice of the appeal to the board of appeals and/or the board of supervisors shall follow the procedures outlined in subsection B of this section.

I. Board of Appeals Hearing — Time Limit. The board of appeals shall conduct a hearing no later than sixty calendar days from the date the appeal was filed. Upon conclusion of the hearing, the board of appeals shall either affirm, modify or revoke the order of the health officer. The hearing shall be informally conducted and the rules of evidence need not apply. The applicant(s) and real property owners entitled to notice may appear personally, produce evidence, and have counsel retained at their expense.

The board of appeals shall announce the decision at the conclusion of a scheduled hearing, or continue the hearing to a specified date, time and place at which time the decision will be announced. Following the hearing, a written notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application and any party requesting it. In addition, the notice of decision shall include a statement that the waiver/variance granted by the health officer may require a waste discharge permit from the Regional Water Quality Control Board. The time to file an appeal runs from the date the board of appeals' decision is announced.

J. Recording. All hearings before the board of appeals shall be tape recorded and such recording shall become part of the administrative record.

K. Board of Supervisors Hearing — Time Limit. Any applicant(s) for a waiver/variance and/or any owners of real property as shown on the county's last equalized assessment roll within three hundred feet of the property which is the subject of the hearing who are entitled to notice who are dissatisfied with the decision of the health officer may, within ten calendar days after the decision of the board of appeals has been announced, file an appeal with the clerk of the board of supervisors who shall present the same at the next meeting of the board. The board of supervisors shall then set a day for hearing said appeal. The board of supervisors shall determine an appeal no later than its sixth regular meeting following the date on which the appeal was filed. The action, or appellate determination, from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the authorized membership of the board.

The hearing shall be informally conducted and the rules of evidence need not apply. The applicant(s) and real property owners entitled to notice may appear personally, produce evidence, and have counsel retained at their expense.

The board of supervisors shall announce the decision at the conclusion of a scheduled hearing, or continue the hearing to a specified date, time and place at which time the decision will be announced. Following the hearing, a written notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. In addition, the notice of decision shall include a statement that the waiver/variance granted by the health officer may require a waste discharge permit from the Regional Water Quality Control Board. The time to file an appeal runs from the date the board of appeals' decision is announced.

L. Failure of the Appellate Body to Act. Failure of the appellate body to act within the time specified shall sustain the action, or the appellate determination being appealed.

M. Exhaustion of Remedy. All rights of appeal are exhausted when the proceedings set forth herein have been consummated.

(Ord. 3233 § 2 (part), 1996)

Construction and operating permits issued hereunder for alternative sewage disposal systems may not be transferred from person to person, or location to location.

(Ord. 3233 § 2 (part), 1996)

A monitoring program shall be established individually for each alternative sewage disposal system at the time an operating permit is issued. Said monitoring shall be performed to ensure that the alternative sewage disposal system is functioning satisfactorily to protect public health and safety. Such monitoring report may be amended upon renewal of an operating permit. The specific requirements of the monitoring report shall include recommendations of the system designer along with general monitoring criteria and monitoring frequency developed by the health officer.

A. Monitoring of alternative sewage disposal systems shall be conducted by or under the supervision of either a registered civil engineer or registered environmental health specialist.

B. The county shall conduct spot-check inspections of alternative sewage disposal systems on their own and may also be present to observe the performance of monitoring activities by others.

C. Monitoring results shall be submitted to the health officer annually, by July 1st, for the preceding twelve month period beginning June 1st and ending May 31st. Monitoring results shall be reported on a standard form supplied by the health officer. The monitoring report shall be signed by the registered civil engineer or registered environmental health specialist responsible for the monitoring. Notwithstanding the annual report, the county shall be notified immediately of any system problems observed during the inspection and monitoring or at any other time.

(Ord. 3233 § 2 (part), 1996)

Any alternative sewage disposal system which has been discontinued from further use, or to which no waste or soil pipe from plumbing fixture(s) is connected, shall be abandoned pursuant to procedures specified by the health officer. Abandonment of sewage disposal facilities shall require submission of applicable fee and application. An inspection is required upon completion of the abandonment.

(Ord. 3233 § 2 (part), 1996)

The health officer may revoke any permit issued hereunder if s/he determines that the permittee is acting in contravention of the provisions of this chapter or the conditions of the permit.

Upon reasonable suspicion by the health officer that the conditions in or around the alternative sewage disposal system may pose a serious and imminent threat to public health or water quality, a temporary suspension of the operating permit may be ordered. Such suspension shall be followed within three days by written notice of the action mailed to the permittee, setting a time for a written response within ten days of the date of mailing of the written notice. At that time, the health officer shall determine whether there is cause to revoke the operating permit. Upon finding of cause, the health officer shall issue a written notice of decision revoking the operating permit for an alternative sewage disposal system. The notice of decision shall be sent to the applicant by certified mail and shall inform an applicant of his or her appeal rights. The appeal period shall run from the mailing date of the notice of decision.

Failure to permit further inquiry into the condition of the alternative sewage disposal system including access to the system site, shall be sufficient cause to revoke the permit. A revoked permit may be reinstated if the health officer 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, permit fees and any other applicable costs determined by the health officer as being incurred, have been paid.

(Ord. 3233 § 2 (part), 1996)

In any action, judicial or administrative, to enforce any provision of this chapter relating to an individual alternative sewage disposal system, the county may recover all of its costs of enforcement, including, but not limited to, any administrative overhead, salaries and expenses incurred by the following county departments: community development agency, environmental health services division, county counsel and district attorney. All such costs shall become a lien upon the property upon which the system is located.

(Ord. 3233 § 2 (part), 1996)

It shall be the duty of the county health officer to enforce the provisions of this chapter and the regulations issued thereunder. S/he may enter any premises during normal business hours, with the owner's consent, to inspect the individual sewage disposal system to determine if it is functioning satisfactorily. In circumstances where the health officer has not been granted an access easement and the owner's consent has not been obtained, the health officer shall first obtain an inspection warrant pursuant to applicable law absent exigent circumstances. Exigent circumstances exist when the health officer or his or her duly authorized agent determines that an imminent public health emergency exists which requires immediate action.

In cases as determined by the health officer to be of an imminent public health emergency, including but not limited to, system failure or surfacing sewage, emergency provisions may be instituted to abate such emergency. Provisions to abate an imminent public health emergency shall include, but not be limited to shutting off of water, vacating of premises or installation of temporary holding tanks.

(Ord. 3233 § 2 (part), 1996)

A. Administrative Actions Appealable. In the event that any applicant for a permit or any permittee (hereinafter known as appellant) is for any reason dissatisfied with the actions of the health officer by reason of failure to grant a permit, revocation of a permit, or imposition of any conditions relating to said permit, said appellant shall have the right to request a hearing before a board of appeals consisting of: the health services-public health officer, the community development agency director and the public works director.

Actions or appellate determinations of the board of appeals may be appealed to the board of supervisors.

B. Filing Appeals — Board of Appeals. Appeals shall be addressed to the appellate body in writing and shall state the basis of the appeal. Appeals shall be filed in the office of environmental health services no later than four p.m. of the tenth calendar day following the date that the decision of the health officer from which an appeal is taken was mailed to the appellant. Appeals shall be accompanied by the filing fee as specified in the current resolution of the board of supervisors establishing fees for environmental health services.

C. Board of Appeals Hearing — Time Limit. The board of appeals shall conduct a hearing no later than thirty calendar days from the date the appeal was filed. The appellant shall be notified of the hearing date in a timely manner. Upon conclusion of the hearing, the board of appeals shall either affirm, modify or revoke the order of the health officer. The hearing shall be informally conducted and the rules of evidence need not apply. The appellants may appear personally, produce evidence, and have counsel retained at their expense.

The board of appeals shall announce the decision at the conclusion of a scheduled hearing, or continue the hearing to a specified date, time and place at which time the decision will be announced. Following the hearing, a written notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application and any party requesting it. In addition, the notice of decision shall include a statement by the health officer that a waste discharge permit may be required from the Regional Water Quality Control Board. The time to file an appeal runs from the date the board of appeals' decision is announced.

D. Recording. All hearings before the board of appeals shall be tape recorded and such recording shall become part of the administrative record.

E. Board of Supervisors Hearing — Time Limit. Any appellant may, within ten calendar days after the decision of the board of appeals has been announced, file an appeal with the clerk of the board of supervisors who shall present the same at the next meeting of the board. The board of supervisors shall then set a day for hearing said appeal. The board of supervisors shall determine an appeal no later than its sixth regular meeting following the date on which the appeal was filed. The action, or appellate determination, from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the authorized membership of the board.

The hearing shall be informally conducted and the rules of evidence need not apply. The applicant(s) and real property owners entitled to notice may appear personally, produce evidence, and have counsel retained at their expense.

The board of supervisors shall announce the decision at the conclusion of a scheduled hearing, or continue the hearing to a specified date, time and place at which time the decision will be announced. Following the hearing, a written notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application and any party requesting it. In addition, the notice of decision shall include a statement by the health officer that a waste discharge permit may be required from the Regional Water Quality Control Board. The time to file an appeal runs from the date the board of appeals' decision is announced.

F. Failure of the Appellate Body to Act. Failure of the appellate body to act within the time specified shall sustain the action, or the appellate determination being appealed.

G. Exhaustion of Remedy. All rights of appeal are exhausted when the proceedings set forth herein have been consummated.

(Ord. 3233 § 2 (part), 1996)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction hereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment. Such person is guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, or permitted by such person.

(Ord. 3233 § 2 (part), 1996)

If any section, subsection, subdivision, sentence, clause or phrase of this chapter is, for any reason, held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors declares that they would have passed this chapter and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases are declared illegal or unconstitutional.

(Ord. 3233 § 2 (part), 1996)