Nevada County Municipal Code Ch. 2 Centralized Wastewater Collection Treatment and Disposal System

The purpose of this Chapter on is to establish minimum standards for the protection of public health for the design, construction, maintenance and operation of centralized wastewater collection, treatment and disposal systems when such methods of collection, treatment and disposal have been approved for use by the Board of Supervisors.

This Section shall apply to all sewage entities whether public or private which are located in the unincorporated areas of the County of Nevada; provided, however, that where any public agency which functions as a sewage entity has adopted its own standards and regulations by ordinance for the disposal of sewage through the operation of a centralized wastewater system, the provisions of this Chapter shall not apply as to such public agency.

(Ord. 2531. (10/24/2023))

For the purposes of this Chapter and in addition to the definitions provided in Chapter 15.01 of this Title, the following words and phrases shall have the meanings ascribed to them by this Section.

A. Centralized Wastewater System means a system of conduits, treatment and disposal facilities in which wastewater is collected and transported to a central area where treatment and/or final disposal is affected. Types:

1. Cluster Wastewater Collection, Treatment and Disposal System (CWCTDS) means a system for the collection, transportation, treatment and disposal of any wastewater from at least two (2) but no more than five (5) sources (source shall be defined as a wastewater discharge from any single-family residential, commercial unit, recreational, institutional building and/or establishment with a maximum of two thousand five hundred (2,500) gallons per day wastewater discharge) by any method which meets State and local minimum standards.

2. Small Wastewater Collection, Treatment and Disposal System means a system for the collection, transportation, treatment, and disposal of any wastewater from at least six (6) but no more than ninety-nine (99) single-family residential sources or the equivalent flow.

3. Large Wastewater Collection, Treatment, and Disposal System means a system for the collection, transportation, treatment, and disposal of any wastewater from more than ninety-nine (99) single-family residential sources or the equivalent flow.

B. Applicant means any person, firm, company, corporation, association, public agency, sewage entity or organization that proposes to design, construct, maintain, and operate a centralized wastewater collection, treatment and disposal system.

C. Community Services District means any District formed in an unincorporated territory to construct and operate works for the collection, transportation, treatment, and disposal of sewage in accordance with procedures, rules and regulations of the California Government Code.

D. County Sanitation District means a District organized within an incorporated or unincorporated territory empowered to build and operate sewers and sewage disposal or treatment plants for the collection, transportation and disposal of wastewater within or without the District. Such District shall have been formed in accordance with the procedures, rules and regulations of the California Health and Safety Code.

E. County Service Area means an area in an unincorporated territory within the County that has been designated by the Board of Supervisors in accordance with the procedures, rules and regulations of the California Government Code for the collection, transportation, treatment, and disposal of sewage within that County service area.

F. Public Sewer means any sewer constructed, installed, maintained, operated, and owned by a municipality or taxing District established for that purpose.

G. Public Utility District means a District organized in an unincorporated territory to acquire, construct, own or operate revenue producing utilities for the disposition of sewage in accordance with the procedures, rules and regulations of the California Public Utilities Code.

H. Sanitary District means a District organized within any territory empowered to acquire, construct and operate works for the collection, transportation, treatment and disposal of wastewater. Such District shall have been formed in accordance with the procedures, rules and regulations of the California Health and Safety Code.

I. Sanitary Sewer means a sewer which carries sewage and into which storm, surface, and groundwaters are not intentionally admitted.

J. Sewer means a pipe or conduit for carrying sewage.

K. Sewage Entity means a public District or private organization responsible for the collection, transportation, treatment and disposal of sewage under one (1) administrative authority.

L. Other Districts means any other lawful entity formed under California law for the collection, transportation, treatment, and disposal of sewage either as of the date of this act or in the future.

(Ord. 2531. (10/24/2023))

The Environmental Health Director shall allow centralized wastewater collection, treatment and disposal systems where the requirements of this Section, the California Environmental Quality Act, and the California Subdivision Map Act and all other provisions of law have been satisfied. This applies to repairs or new construction.

The Environmental Health Director shall adopt and modify as conditions warrant a Centralized Wastewater Collection, Treatment and Disposal Design Package to accomplish the purposes of this Section and ensure the protection of the public health and safety. Centralized systems shall require special application and permit provisions. If a sewage entity exists in the proposed project area, inclusion in that entity must be assured before a permit can be issued for the system. Such systems shall require performance review, monitoring, and sampling. The additional cost of design review, monitoring and sampling shall be borne by the owner or an administrative authority responsible for the operations and maintenance of said centralized system. Centralized systems shall be divided into three (3) categories. Said categories are:

A. Cluster Wastewater Collection, Treatment and Disposal Systems (CWCTDS).

B. Small Wastewater Collection, Treatment and Disposal Systems (SWCTDS).

C. Large Wastewater Collection, Treatment and Disposal Systems (LWCTDS).

(Ord. 2531. (10/24/2023))

It shall be unlawful for any person, whether as principal, servant, agent or employee, owner or tenant, to construct or operate a centralized wastewater collection, treatment and/or disposal system, sanitary sewer, public sewer, or sewage entity without meeting the standards set forth in this Chapter and approved by the Environmental Health Director and without first having obtained a permit to do so from the Environmental Health Department.

(Ord. 2531. (10/24/2023))

For each centralized wastewater disposal permit application a fee shall be charged. Said fee shall be based upon the man hours spent on design review and field time by staff of the Nevada County Environmental Health Department (NCDEH), plus overhead expenses. An initial fee shall be paid to the Environmental Health Department at the time an application for a centralized permit is filed. Said initial fee shall be set by the Board of Supervisors.

The subsequent design review and field time shall be paid before a permit is issued. An estimate of the costs for design review and field time shall be provided to the applicant prior to the Environmental Health Department commencing said process. In the event a permit is denied for a centralized system, such fees shall still be due and payable and the Environmental Health Department may seek such remedies as are necessary to receive such costs including, but not limited to, placing a lien on the property. When an application for a centralized permit is denied in writing by the Environmental Health Director fees will be charged when a new application is made. The minimum design review fee for a centralized system shall be set by the Board of Supervisors. For each centralized collection treatment and disposal system a certificate of operation shall be required in accordance with Chapter 6.03, Environmental Health Certificate of Operation. A certificate of operation shall be issued upon completion and approval of each system. Annual renewal and fee provisions shall apply.

(Ord. 2531. (10/24/2023))

No application shall be accepted for a centralized wastewater system containing six (6) or more connections, until the property to be served thereby is accepted for inclusion into public entity as required by Section 15.02.120.

(Ord. 2531. (10/24/2023))

The property owner, or their designated representative, must make application for a centralized wastewater disposal permit on a form provided by the Nevada County Department of Environmental Health (NCDEH) for that purpose. A completed Design Package completed by a qualified Septic Design Professional, pursuant to the current Local Area Management Plan (LAMP) and the Centralized Disposal System Design Package, shall be submitted to the NCDEH at the time of application. Said design package shall contain the following information and/or documents:

A. Current Site Evaluation Report (SER) within accepted date parameters of NCDEH. Past and present conditions including but not limited to, all prior soil mantles, soils work, percolation tests, previous proposals, existing wastewater treatment, collection and disposal systems.

B. Completed Design Package including, but not limited to, proposed dwelling structures, flow projections, topography, hydraulic design factors, materials, manholes, inspection chambers and well pumps and pressure pipes, objectives and standards, the design basis for the sewage treatment and final disposal, and the predicted quality and quantity of the final effluent. Note: Two (2) copies of all documents are required for hard copy submittal.

C. Scaled Site Plan, no less than one (1")-inch equals fifty (50') feet.

1. Proposed location of all components for the Centralized System, including the disposal field and one hundred percent (100%) repair area defined in the SER.

2. Location of all wells, water service connections, water distribution systems, or other water source.

3. All required setback distances(wells, including on adjacent parcels; property lines; easements; deed restrictions; pools; structures etc.).

4. Location of ponds, creeks, springs, cut banks, rock out-croppings, grading, mining features, etc.

5. Direction and percent of slope in the wastewater disposal areas.

6. Location and description of all proposed or existing structures, driveways, roads, etc.

D. Completed Design of the Centralized System view drawing of all components of the system conforming to American Standard drawings and drafting room practice. The view drawings must be sufficient to clarify all component design.

E. Full calculations showing the system type and size.

F. A statement of justification, alternative analysis and certification of the proposed system by the designer.

G. A contingency plan, which outlines the immediate actions to be taken should a failure occur and an action plan for repairs, expansion or replacement of the system as is appropriate.

H. Monitoring and Maintenance Program, which provide brief and simple guidance regarding the operation, maintenance, and monitoring of the system to be done by the Certified System Service Provider (CSSP) or Public Utility Worker (PUW) .

I. Grant easement for access by Nevada County Department of Environmental Health (NCDEH)and Regional Water Board personnel and agents for periodic inspection as necessary.

J. For sites that have shared ownership a legal body must be formed with the recorded document submitted for final approval of the Centralized System such as a Homeowners Association (HOA). Any change to this document must be reviewed by NCDEH before recording. The Association cannot be dissolved without forming another such entity in its place. At minimum the following will be included:

1. Individual property owner responsibility with clause that if the components of the system have an issue that is not being addressed that the Association has the right to access and repair if warranted.

2. Outline of the requirement to obtain a Certificate of Operation with Right of Entry for the Centralized System through NCDEH and requirements of the permit including payment of fees.

3. Requirement to notify NCDEH of any contact changes.

4. Requirement to maintain a current contract with a CSSP or Public Utility and obtain an annual monitoring and maintenance report that is submitted to NCDEH for review.

(Ord. 2531. (10/24/2023))

Those distances as prescribed in 15.01 shall apply as follows:

A. For any primary/secondary treatment system or pumping well, location requirements shall be the same as for a septic tank.

B. Non-acceptable areas shall be the same as 15.01 of this Chapter.

(Ord. 2531. (10/24/2023))

Minimum of six (6) percolation test holds and two (2) soil mantles are required in any proposed absorption field and the same in the proposed repair expansion area for the initial design review. Additional soils testing may be required to demonstrate soil consistency throughout the disposal area. Percolation tests shall be performed in a manner as prescribed by the Environmental Health Director. Any alternative percolation test procedure may be utilized only with the written approval of the Environmental Health Director. All mantle excavations must be adequately protected under applicable regulations and backfilled following logging of the soil profile by a registered civil engineer, registered engineering geologist, or registered sanitarian.

(Ord. 2531. (10/24/2023))

A. The standards for design of centralized wastewater systems shall be adopted by the Environmental Health Director so as to ensure protection of the public health and safety. All centralized systems shall be designed and certified by a registered civil engineer, registered sanitarian, or registered engineer geologist. All such system designs shall be submitted to the Environmental Health Department prior to the issuance of the sewage disposal permit. Each centralized system design will be considered on an individual case-by-case basis in accordance with the latest sewage disposal Centralized System Package as adopted by the Environmental Health Department. Such consideration may result in additional mitigating requirements or denial.

B. All centralized system installations shall be directly supervised by the designer who shall certify in writing to the permit file upon completion that the installation has met the design criteria as approved by the Environmental Health Department. The final approval by the Environmental Health Department of the sewage disposal system cannot be given until this certification is received.

C. Each centralized system design shall be reviewed in accordance with the following:

1. Cluster systems shall be directly reviewed and evaluated by Environmental Health Department staff on a man hour costs plus overhead basis. External technical consultants may be retained by the Health Department for evaluation of the system if necessary. The cost of such consultants shall be borne by the applicant or owner. An estimate of the costs for said evaluation shall be borne by the applicant or owner.

2. Small systems may be reviewed and evaluated by the Environmental Health Department staff or by an engineering consultant in accordance with the rules for selection of consultants established by the Board of Supervisors and included in this Chapter as Appendix I. The cost of such consultants shall be borne by the applicant or owner.

3. Large systems shall be reviewed and evaluated by the appropriate regional office of the State Water Quality Control Board.

(Ord. 2531. (10/24/2023))

All construction performed under this Section shall be performed under the direct supervision of the designer and in accordance with the Centralized System Design Package and the standards set forth in the approved design. The systems design and parcel/sewage disposal site maps as approved by the Environmental Health Department shall remain on the job site during construction.

(Ord. 2531. (10/24/2023))

After the date of enactment of this document the following responsibilities and administrative authority requirements shall apply to centralized wastewater collection, treatment and disposal systems.

A. For Centralized Systems all owners of dwellings or commercial establishments attached to said system shall be required to accept responsibility for operation and maintenance of said system collectively. Said obligations shall be recorded on the deeds of parcels connected to the system. Easements shall be granted and recorded between each and every parcel to allow for repairs, maintenance and inspection of said system. Easements shall be granted and recorded by the owners allowing access to the property by the organization conducting any required monitoring. This easement must allow representatives of the Nevada County Department of Environmental Health (NCDEH)to accompany representatives of the monitoring organization onto the property.

a. For sites that have shared ownership a legal body must be formed with the recorded document submitted for final approval of the Centralized System such as a Homeowners Association (HOA). Any change to this document must be reviewed by NCDEH before recording. The Association cannot be dissolved without forming another such entity in its place. At minimum the following will be included:

1. Individual property owner responsibility with clause that if the components of the system have an issue that is not being addressed that the Association has the right to access and repair if warranted.

2. Outline of the requirement to obtain a Certificate of Operation with Right of Entry for the Centralized System through NCDEH and requirements of the permit including payment of fees.

3. Requirement to notify NCDEH of any contact changes.

4. Requirement to maintain a current contract with a Certified System Service Provider (CSSP) or Public Utility and obtain an annual monitoring and maintenance report that is submitted to NCDEH for review

B. Notwithstanding the above provisions of this Section, any properties connected to a clustered system which system was developed prior to April 1982, shall not be required to be collectively responsible for the maintenance and operation of the system, provided, however, that any such property shall have been an easement recorded in its favor authorizing the disposal of the sewage effluent from the property in the clustered wastewater system. No new parcels (property) may be connected to a clustered system unless easements are provided in the form required by Section 15.02.012.A.1.

C. For small and large wastewater collection treatment and disposal systems, either a public entity must be formed or the system must be approved for inclusion in an existing public entity. As of the date of the enactment of this Chapter, the following public entities exist for the collection, treatment and/or disposal of wastewater. They are:

1. County Sanitation District;

2. Sanitary District;

3. Community Service District;

4. Public Utility District;

5. County Service Area;

6. Sewer Maintenance District;

7. Other Districts.

The formation of or approval for inclusion in a public entity must be assured before a permit can be issued for a centralized wastewater collection treatment and disposal system requiring such an entity.

(Ord. 1486. (03/15/1988); Ord. 2531. (10/24/2023))

In individual cases, the Environmental Health Director may be required to make more stringent requirements than these standards where such higher requirements are essential to maintain and protect public health and safety.

(Ord. 2531. (10/24/2023))

When a large, centralized wastewater system (one hundred (100) connections or more) is proposed and a discharge permit may be issued by a Regional Water Quality Control Board, review by the Nevada County Environmental Health Department may not be required.

(Ord. 2531. (10/24/2023))

A. An On Site Soils Evaluation (OSSE) shall be conducted pursuant to the current Local Area Management Plan (LAMP) and the Centralized Disposal System Design Package with subsequent Findings Report issued by Nevada County Department of Environmental Health (NCDEH).

B. A completed Design Package, pursuant to the current Local Area Management Plan (LAMP) and the Centralized Disposal System Design Package, shall be submitted to the NCDEH by a qualified Septic Design Professional. A permit application will be denied if the Environmental Health Specialist determines the centralized disposal system could not be expected to function in a manner that will protect the public health and safety.

1. Changes to a permitted Centralized System must be submitted by application by a qualified Septic Design Professional and permitted by NCDEH.

C. Trenches may be required to be inspected prior to placement of any filter media.

D. Final inspection of each installation shall be made by the Environmental Health Specialist along with the Septic Design Consultant before any portion of the subsurface system is backfilled or covered. Annual inspections may be required.

E. Each Centralized System is required to have the following completed:

1. Certificate of Installation submitted by the Design Consultant.

2. Notarized and recorded Right of Entry document for Monitoring and Maintenance.

3. Certificate of Operation for Centralized System and annual fee.

4. Signed contract with a Certified System Service Provider (CSSP) approved by Nevada County Department of Environmental Health (NCDEH) or with a Public Utility.

a. CSSP or Public Utility contract for Centralized Systems must include the full scope of Monitoring and Maintenance required by the centralized design. Changes to the monitoring program must be submitted by a qualified professional and approved by NCDEH before being implemented. NCDEH can assign additional monitoring requirements to protect public health and safety.

5. Accurate septic as-built.

6. Electrical components to receive final sign off by the Building Department for the jurisdiction.

7. Additional documentation may be required by NCDEH and/or the Septic Design Professional.

F. As part of the centralized septic design package the Septic Design Professional shall include a monitoring and maintenance program for the specific Centralized System, which shall be conducted by the contracted CSSP or Public Utility. Said monitoring shall be performed to ensure that the centralized wastewater collection, treatment, and disposal system is functioning satisfactorily to protect the public health and safety. The specific requirements will be based primarily upon recommendations of the Septic Design Professional and the NCDEH. Monitoring requirements will normally be expected to include:

1. Water usage or waste flow metering be recorded in a log book at determined intervals.

2. Effluent level measurements in the disposal system.

3. Water quality sampling (bacterial) at least quarterly in monitoring wells or drainages, to be conducted by a qualified CSSP or Public Utility Worker (PUW) and delivered to the laboratory under a chain of custody.

4. Systems that accept high-strength wastewater from commercial food service buildings shall perform a BOD analysis of the combined waste stream of the centralized system to show that the system meets the requirements of the LAMP. Wastewater that exceeds nine hundred (900) mg/L BOD must provide documentation that the Regional Water Board has been contacted and that the subsequent Regional Water Board requirements have been met.

5. Systems that accept high-strength wastewater from commercial food service buildings shall include a properly sized and functioning oil/grease interceptor (a.k.a grease trap). Annual monitoring and maintenance reports by a County and State licensed commercial Inedible Kitchen Grease (IKG) pumper must be provided with the annual CSSP or Public Utility report.

6. Systems that require holding for waste including, but not limited too, high-strength wastewater from commercial food service buildings, must provide annual disposal receipts from a licensed septic pumper.

G. All centralized sewage disposal systems shall possess a valid annual certificate of operation issued by NCDEH. Said certificate permit may be revoked for due cause. The permit fee will cover annual review of the CSSP or Public Utility report, which is to be submitted annually to NCDEH. .

H. Nevada County Code Administration, Department of Environmental Health, directs the Nevada County Department of Environmental Health (NCDEH) to charge and collect fees for services and enforcement provided by NCDEH to parties responsible for these sites at the hourly rate; additional time and expense relating to NCDEH services, outside of the annual review of the CSSP or Public Utility report, will be billed to the permit holder. This will include time spent for correspondence, travel, inspections, enforcement, report review and issuance, and any other work related to this site.

(Ord. 2531. (10/24/2023))

The disposal of sewage in violation of the terms of this Chapter and standards established as provided for in this Chapter is hereby determined to constitute a public nuisance, and its maintenance and operation may be abated by any appropriate proceeding permitted by State or County law.

(Ord. 2531. (10/24/2023))

County personnel performing any work covered by this Chapter shall comply with the latest conflict of interest policy adopted by the Nevada County Board of Supervisors.

(Ord. 2531. (10/24/2023))