Monterey County Municipal Code Ch. 15.23 Sewage Treatment and Reclamation Facilities—prohibiting the Discharge…

A. Drinking water that contains high concentrations of nitrate is a serious public health problem.

B. Monterey County has serious nitrate contamination of some of its groundwater aquifers which exceed Federal and State drinking water standards of forty-five (45) mg/1 (10 mg/1 nitrate-nitrogen).

C. The Environmental Health Division of the Monterey County Health Department has abated over three hundred (300) nitrate contaminated public water systems within the past seven years.

D. Sewage treatment operations with disposal facilities which may impact drinking water supplies through discharge into percolation ponds, disposal trenches or excessive spray application rates by contributing to nitrate contamination of groundwater aquifers.

E. Improper operation of a reclamation facility can pose a threat to public health and safety through nitrate contamination or dissemination of pathogens.

F. The California Health and Safety Code, Section 5411 states: "No person shall discharge sewage or other waste or the effluent of treated sewage or other waste, in any manner which will result in contamination, pollution, or a nuisance." Section 5412 states: "Whenever the State department or local health officer finds that a contamination exists, the Department or officer shall order the contamination abated as provided in this Chapter."

(Ord. 3556, 1991)

This Chapter shall apply to all sewage treatment and wastewater reclamation facilities in the County of Monterey, except the following:

A. Septic disposal systems; and

B. Sewage treatment facilities that discharge treated wastewater directly into the ocean.

(Ord. 3556, 1991)

A. No person, firm, corporation, municipality, county, district, State or Federal agency, after the effective date of this Chapter, shall construct, maintain or operate any sewage treatment and/or reclamation facility in Monterey County without a permit from the Director of Environmental Health for Monterey County unless otherwise exempt by Federal or State law.

B. For facilities where wastewater operations discharge effluent with greater than six mg/1 nitrate-nitrogen, the facility operator shall provide documentation to the Director of Environmental Health which demonstrates the net impact to the groundwater aquifers will not exceed that of effluent containing six mg/1 nitrate-nitrogen.

(Ord. 3556, 1991)

A. Any person, firm, corporation, municipality, county, district, State or Federal entity proposing to establish any new or expanded use of wastewater land disposal, wastewater treatment and/or reclamation facilities in Monterey County shall make application with appropriate tech information and pay a two hundred fifty dollar ($250.00) fee to the Director of Environmental Health for Monterey County for an operating permit unless otherwise exempt by Federal or State law.

B. The operator of the sewage treatment and reclamation facility shall pay an annual fee of three hundred sixty dollars ($360.00) for an annual permit.

C. A permit shall be granted if the sewage treatment or reclamation is not allowing sewage effluent that contains greater than six mg/1 nitrate-nitrogen to percolate into the groundwater and the nitrate monitoring program has been approved by the Director of Environmental Health.

D. All wastewater treatment and reclamation facilities must be operated subject to the approval of the Director of Environmental Health in a manner that would prevent the spread of pathogens.

E. If a sewage treatment or reclamation facility is found to be in non-compliance with this Chapter upon its effective date, the operator of the facility shall have until January 15, 1993, to be in compliance.

(Ord. 3556, 1991)

A. It shall be the duty of the Director of Environmental Health of the County of Monterey and all officers and employees of said County herein charged by law with the enforcement of this Chapter to enforce all provisions of the same.

B. Repealed.

C. Any sewage treatment or reclamation facility, set up, operated, maintained, or altered, contrary to the provisions of this Chapter, and/or any use of any land, building, or premises, established, conducted, operated, or maintained , contrary to the provisions of this Chapter, shall be, and the same is hereby declared to be a violation of this Chapter and a public nuisance.

D. Repealed.

E. Repealed.

F. Repealed.

G. Repealed.

(Ord. 3659 § 8, 1993)

If any person, firm, or corporation violates the terms of this Chapter and any litigation is thereupon authorized either by the Board of Supervisors, County Counsel, or District Attorney, or is in fact filed by said agencies for said violation, then no further administrative action shall be taken on any application filed by or on behalf of said person, firm, or corporation, until the violation has been resolved.

(Ord. 3556, 1991)