Modoc County Municipal Code Ch. 13.04 Sewage Disposal and Industrial Waste Discharge

Footnotes:

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Editor's note— Ord. No. 173-B, adopted Nov. 22, 2016, amended Ch. 13.04 in its entirety to read as herein set out. Former Ch. 13.04, §§ 13.04.005—13.04.180, pertained to similar subject matter, and derived from Ord. No. 173; and Ord. No. 173A (part), adopted in 2008.

The Modoc County Board of Supervisors hereby determines that the secure management of sewage disposal systems is necessary to protect the public health, welfare and safety of Modoc County.

It shall be the duty of the director of environmental health to implement and enforce the provisions of this chapter in all incorporated and unincorporated areas of Modoc County.

Upon adoption of this ordinance by the Modoc County Board of Supervisors and acceptance of the Modoc County Local Area Management Plan by the applicable Regional Water Quality Control Board the effective date of this chapter will be January 1, 2018.

(Ord. No. 173-B, 11-22-2016)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Building" means any residence, place of business, or other structure where persons reside, congregate, or are employed, and which is not connected to a public or community sanitary sewer system.

"Contamination" means an impairment of the quality of the water, either surface or underground, of the county by sewage or industrial waste, to a degree which creates an actual hazard to the public health through poisoning or the spread of disease.

"Health officer" means the appointed health officer of the county, and their duly authorized representative.

"Industrial waste" means any and all liquid or solid waste substance not sewage, from any producing, manufacturing, or processing operation of whatever nature.

"Nuisance" means the overflowing of the surface of any land by sewage or industrial waste resulting from unreasonable practices in the disposal of such wastes.

"Person" means any individual, association, corporation, city, county or district.

"Pollution" means an impairment of the quality of the waters, either surface or underground, of this county by sewage or industrial waste to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic, industrial, agricultural, recreational or other beneficial use. "Pollution" shall include any equivalent effect resulting from the disposal of sewage or industrial waste, whether or not waters of the county, either surface or underground, are affected.

"Septage" means the domestic liquid and solid sewage pumped from septic tanks, cesspools, holding tanks, vault toilets, chemical toilets, other similar domestic sewage treatment components or systems, and other sewage sludge not derived at sewage treatment plants.

"Sewage" means any and all wastes, liquid or solid, associated with human habitation, or which contain or may be contaminated with human or animal excreta or excrement, offal, or any feculent matter.

"Sewage disposal system or onsite waste treatment system" means septic tank, subsurface drain field, and accessory piping that relies on soil, vegetation and evaporation for treatment of sewage.

(Ord. No. 173-B, 11-22-2016)

It shall be unlawful for any person to maintain, occupy or use any building not provided with a sewage disposal system which disposes of sewage in a sanitary manner.

(Ord. No. 173-B, 11-22-2016)

It shall be unlawful for any person to construct, maintain, or use any sewage disposal system which results in any of the following:

A. Sewage overflowing any lands whatsoever;

B. Sewage emptying, flowing, seeping or draining into any stream, spring, river, lake or other waters within the county;

C. Sewage being accessible to rodents, insects, or humans.

(Ord. No. 173-B, 11-22-2016)

The health officer may make a local area management program (LAMP) for onsite waste treatment systems governing individual sewage disposal systems for their efficient operation and to prevent contamination, pollution, or nuisance. The LAMP shall be approved by the applicable regional water quality control board and the Modoc County Board of Supervisors by resolution.

(Ord. No. 173-B, 11-22-2016)

A. Each and every lot, or any parcel of land subdivided subsequent to the effective date of the ordinance codified in this chapter, for the purpose of human habitation shall meet the following requirements:

1. Where an individual sewage disposal system and individual water supply are installed, the lot shall have a minimum area of one acre.

2. Where only an individual sewage disposal system is installed, minimum area shall be one-half acre.

3. Each lot shall have a soil evaluation performed and approved for an individual sewage disposal system that meets the potential use requirements.

B. The parcel size required may be adjusted if the health officer determines it is necessary for proper sewage disposal.

(Ord. No. 173-B, 11-22-2016)

The health officer, if his judgment deems it so necessary, may require any person to submit engineering data on any lot or parcel of land, showing the feasibility of sewage disposal and/or the installation of water supplies.

(Ord. No. 173-B, 11-22-2016)

A. No person shall begin or cause to have begun construction of any building or any sewage disposal system without first submitting an application showing the means of sewage disposal to the health officer and obtaining a permit there from.

B. No person shall construct an auxiliary sewage disposal system for a building presently served by a sewage disposal system without first submitting plans of the proposed means of sewage disposal to the health officer and obtaining a permit there from.

C. No person shall extensively alter, repair, relocate, add to or replace any existing sewage disposal system without first securing a permit there from.

D. Permits issued pursuant to this section shall be valid for one year and shall automatically become void one year from the date of issuance, unless renewed prior to the expiration date. Only a single one-year renewal shall be permitted. Permits for repair, alteration, replacement or enlargement shall be valid for one year from the date of issuance and are not renewable. Any rule change by the county or applicable State Regional Water Quality Control Board shall be applied when enacted regardless of permit expiration date.

E. Applications for permits to construct sewage disposal systems shall be submitted on forms provided by the health officer.

F. Any changes to an approved site plan, issued in conjunction with a county permit to construct a sewage disposal system, shall first be submitted to the health officer for approval.

(Ord. No. 173-B, 11-22-2016)

No person shall backfill or cover with earth, or put into use any sewage disposal system constructed under provisions of this chapter until an inspection of the sewage disposal system has been made by the health officer, and the permit is signed by the health officer acknowledging the final inspection.

(Ord. No. 173-B, 11-22-2016)

A. All septic systems shall be designed and operated to reduce the risk of contamination and public nuisances.

B. Septic system components shall comply with the county approved onsite waste treatment system policy.

C. Leach area compatibility, design, and construction shall be approved by the health officer.

(Ord. No. 173-B, 11-22-2016)

No individual sewage disposal system or part thereof shall be located on any lot other than the lot which is the site of the building, structure or premises served by such sewage disposal system.

(Ord. No. 173-B, 11-22-2016)

This chapter shall not be construed as imposing upon the county any liability or responsibility for damage resulting from the defective construction of any sanitary disposal system, as herein provided; nor shall the county, or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder.

(Ord. No. 173-B, 11-22-2016)

No person shall discharge sewage or industrial waste, or the effluent of treated sewage or industrial waste, in any manner which will result in contamination, pollution, or a nuisance.

(Ord. No. 173-B, 11-22-2016)

Whenever the health officer finds that contamination, pollution, or nuisance does in fact exist, he shall serve written notice upon the owner or reputed owner of land upon which the condition does exist, ordering the owner, or reputed owner, to abate such contamination, pollution, or nuisance.

(Ord. No. 173-B, 11-22-2016)

No provision of this chapter is a limitation on the right of any person to maintain at any time any appropriate action for relief against any private nuisance, as defined in the Civil Code, or for relief against any contamination or pollution.

(Ord. No. 173-B, 11-22-2016)

A. All entities performing sewage pumping services within Modoc County shall be registered by the health officer as per California Health and Safety Code, section 117400 et al. Septage pumping registration requires the following:

1. Health officer-approved application for registration and equipment inspection every three years.

2. Every registrant is required to submit a septage management plan annually at the end of each calendar year.

3. Submittal of fees for registration and equipment inspection.

4. Septage pumping and storage equipment is required to be in good working order and unlikely to cause a public health hazard.

B. Registration and equipment inspection shall be valid for three years and operate on a calendar year basis.

(Ord. No. 173-B, 11-22-2016)

The amount of any fee to be paid under this chapter or the State Regional Water Quality Control Board approved county OWTS policy, shall be set forth in the Modoc County fee resolution. All fees shall be paid in the amount stated in the fee resolution at the time of permit application or service invoice. If the foundation of any building is laid, or any building structure is erected, or if construction of an auxiliary sewage disposal system for an existing building shall be begun prior to obtaining the required permit, the permit fee above specified shall be doubled, but shall not relieve any person from fully complying with the requirements of this chapter, nor from any other penalties prescribed herein.

(Ord. No. 173-B, 11-22-2016)

For the enforcement of this chapter and any rule or regulation made pursuant to section 13.04.040, the health officer may enter at any reasonable time any and all portions of lands within the county.

(Ord. No. 173-B, 11-22-2016)

A. The violation of any section or part of this chapter, or any rules or regulations made pursuant to section 13.04.040, shall be deemed a misdemeanor, punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a period not to exceed six months.

B. Each and every day a violation exists shall constitute a separate and distinct offense.

(Ord. No. 173-B, 11-22-2016)