Paradise Municipal Code Art. I General Provisions

A. The discharge of certain materials to on-site wastewater disposal systems, or the construction and maintenance of on-site wastewater disposal systems which are defective or substandard in operation, may result in adverse impacts on human health or the physical environment, including but not limited to: pollution of soil and groundwater, disruption of proper system functioning, disruption of treatment plant functioning, creation of a health hazard to septic service personnel, or creation of a hazard where septic tank sludge is discharged.

B. It is the intent of this chapter to prevent such adverse impacts by prohibiting the discharge of hazardous or deleterious materials to on-site wastewater disposal systems, to prohibit the improper disposal of contaminated septic tank sludge, and to assure that all on-site wastewater disposal systems within the town are constructed and operated in a safe, healthful and environmentally responsible manner.

(Ord. 219 §2(part), 1992)

The purposes of the provisions as set forth in this chapter are:

A. To facilitate an orderly development within the town;

B. To protect the groundwater and surface water quality within the town's hydrologic basins;

C. To implement the recommendations of the Montgomery Phase I, 201 Report concerning surface wastewater accepted by the town council in April 1983;

D. To implement the on-site wastewater management zone, established by the town council in May, 1992, and the provisions of the Manual for the Onsite Treatment of Wastewater, as prepared by Nolte and Associates;

E. To establish local rules and regulations applicable to the disposal of sewage effluent for purposes of protecting the public health and safety in accordance with the requirements and authorizations of California Health and Safety Code Sections 6950 et seq.

(Ord. 219 §2(part), 1992)

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

A. "Abatement" means an action that results in the removal and/or termination of a nuisance existing upon real property.

B. "Advanced treatment wastewater system" means an onsite sewage disposal system that provides secondary treatment to wastewater through an oxygenation process and provides effluent quality for BOD and TSS that meets or exceeds standards as established in Chapter 6 of the Town of Paradise Manual for the Onsite Treatment of Wastewater.

C. "Auxiliary system" means a secondary sewage disposal system designed to dispose of a portion of the sewage from a building.

D. "Bedroom" is as defined in Section 13.04.112, for use in this chapter.

E. "Building" means a single-family residence, multi-family residence, place of business or other structure where persons reside, congregate or are employed, and accessory buildings.

F. "Community wastewater system" means an onsite sewage disposal system that serves a combination of two (2) or more residential, commercial residential, commercial or industrial units located on the same or different parcels. A community wastewater system may or may not provide advanced treatment to wastewater.

G. "Construction permit" means a written authorization issued by the on-site sanitary official to a property owner to install and/or alter a sewage disposal system.

H. "Deleterious material" is defined as either a:

1. Substance or combination of substances which inhibit the normal biological or physical treatment process in the septic tank or other parts of the on-site wastewater disposal system; or

2. Substances or combinations of substances which interfere with the process or efficiency of any wastewater treatment plant where the septic tank sludge is discharged.

I. "Development" means any change in the density or intensity of the land use, or any construction or alteration of an existing structure or land use.

J. "Discharge permit" means a permit to operate a special design sewage disposal system.

K. "Hazardous material" means a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either:

1. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

L. "Impervious stratum" means a layer or lens of fine-grained soil, rock, cemented material or similar soil structure in which the percolation rate exceeds one hundred twenty minutes per inch or in which twelve inches of water depth will not seep completely away in a twenty-four-hour period.

M. "Living unit" means a residential building or portion thereof providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

N. "Net lot area" is as defined in Section 13.04.110, for use in this chapter.

O. "New parcel" means any parcel or lot created by subdivision of land after the date the provisions of this chapter are legally in effect.

P. "Nuisance" means a condition causing danger or annoyance either to a limited number of persons or to the general public.

Q. "On-site manual" means the Manual for the Onsite Treatment of Wastewater, as prepared by Nolte and Associates and adopted and amended by resolution of the town council.

R. "On-site sanitary official" means the legally designated authority of the town or his/her authorized representative administering this chapter.

S. "Operating permit" means a written authorization issued by the on-site sanitary official permitting the operation and use of a sewage disposal system.

T. "Sewage" means and includes any and all waste substance, liquid or solid, associated with human habitation, or which contains or may be contaminated with human or animal excreta, offal or any feculent matter. The term "wastewater" shall be synonymous with "sewage."

U. "Sewage disposal system" means and includes septic tank, drainfield, seepage pit, chemical toilet and any other structure or system used for the treatment, discharge or disposal of sewage.

V. "Wastewater disposal services" are specifically defined in the on-site manual but, at a minimum, wastewater disposal services are defined to include the following activities:

1. The construction, installation or modification of on-site wastewater disposal systems (including the placement of portable toilets), or any part thereof;

2. The pumping out or cleaning of systems (including portable toilets), or any part thereof;

3. The inspection of standard on-site wastewater disposal systems for the town;

4. The disposal of material derived from the pumping out or cleaning of systems (including portable toilets).

(Ord. No. 512, § 1, 2-8-2011; Ord. 228 §§1—3(part), 1993; Ord. 219 §2(part), 1992)

Editor's note— Ord. No. 512, § 1, adopted Feb. 8, 2011, added two definitions to § 13.04.020. For purposes of alphabetization, and at the editor's discretion, these provisions have been included as subsections B. and F. The remaining subsections have been renumbered to facilitate inclusion of these new subsections.

This chapter applies to all real properties located within the town on-site wastewater disposal zone. The on-site sanitary official may waive the permit and inspection requirements contained in this chapter when the provisions of this chapter are preempted by state regulations.

(Ord. 228 §3(part), 1993; Ord. 219 §2(part), 1992)

All parcels with and without existing developments shall be governed by the on-site manual, including construction, repair, modification, replacement and operation of sewage disposal systems.

(Ord. No. 559, § 1, 3-8-2016; Ord. 219 §2(part), 1992)

It is unlawful for any person to maintain, occupy or use any building not provided with a sewage disposal system or which disposes of wastewater in a manner that does not comply with the provisions of this chapter and the provisions of the on-site manual.

(Ord. No. 559, § 2, 3-8-2016; Ord. 219 §2(part), 1992)

A. No person, corporation or other business entity will perform wastewater disposal services as defined in this chapter, nor advertise or represent itself as being in the business of performing such services without first obtaining a license from the town that legally authorizes such party to perform such services.

B. The administrative procedure and regulatory provisions that govern the licensing of individuals to perform wastewater disposal services as required by this section shall be subject to all applicable provisions of Section 1.8 of the on-site manual.

(Ord. 254 §1, 1995: Ord. 219 §2(part), 1992)

A. Review by On-Site Sanitary Official. No person shall begin, or cause to have begun, construction of any development or any sewage disposal system without review and approval by the on-site sanitary official. All developments requiring a sewage disposal system, or an alteration, enlargement or repair of an existing system, must submit plans showing the means of sewage disposal to the on-site sanitary official and obtain a permit therefor from the on-site sanitary official. Sewage disposal permits shall be obtained prior to the issuance of building permits.

B. Validity. Permits issued pursuant to this article 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; provided, however, repair permits shall be valid no more than 90 days. All permit renewals shall comply with all applicable, current codes at time of renewal.

C. Auxiliary Systems. 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 on-site sanitary official and obtaining a permit therefor from the on-site sanitary official.

D. Abandonment. No person shall abandon a septic tank or cesspool or discontinue from further use without first obtaining a permit from the on-site sanitary official.

E. Permit—Application. The following items are required in order to process a sewage disposal permit application:

1. The submittal of a plot plan drawn to scale that includes the following information:

a. Lot boundaries;

b. Locations of proposed and existing buildings and sewage disposal facilities;

c. Location of proposed leach field and one-hundred percent replacement area for the leach field;

d. A floor plan of the building, the number of bedrooms and other potential sleeping quarters, and all proposed appurtenant structures;

e. Source and location of domestic water and treatment, if required. If a well is proposed as a domestic water source, a well-drilling permit application shall be made at the time a sewage disposal permit application is submitted;

f. Ditches, creeks, springs, or other surface water on the premises and within one hundred feet in any direction of the proposed sewage disposal area; and lakes or reservoirs within two hundred feet of the proposed sewage disposal areas;

g. Location of known or proposed wells on property and within one hundred feet of property lines;

h. Topography, including contours and rock outcroppings, cliffs, etc.;

i. Setbacks from property lines;

j. Driveways and parking areas;

k. Such other additional information as deemed necessary by the on-site sanitary official to process the application;

2. Additional information and/or testing may also be required at the discretion of the on-site sanitary official. Such information or testing may include but not be limited to the following:

a. Water Table Depth Determinations. The time of year that these tests are performed shall be determined by the on-site sanitary official based upon drainage characteristics, topography, soil types or strata, precipitation in the area, snow melt, and/or other pertinent factors;

b. Soil mantle depth determinations;

c. Detailed engineering plans shall be submitted for approval of all special design systems, sewage treatment plants and any deviations from standard practice;

d. Design criteria to accommodate anticipated flows;

e. Soils percolation test data.

(Ord. No. 512, § 2, 2-8-2011; Ord. No. 429, § 1, 11-9-2004; Ord. 228 § 3(part), 1993; Ord. 219 § 2(part), 1992)

A. Every applicant for a permit required by Section 13.04.050 shall pay a fee at the time of application for each permit or for renewal of each permit. The fees shall be established by resolution of the town council.

B. If development on a lot or parcel is begun or if construction of a sewage disposal system or an auxiliary sewage disposal system has begun prior to obtaining the required permit, the permit fee specified in subsection A of this section shall be doubled, but shall not relieve any persons from fully complying with the requirements of this chapter nor from any other penalties prescribed in this chapter.

(Ord. 219 § 2(part), 1992)

A. The septic tank shall be of two-compartment construction and shall be of the size and type constructed in accordance with the requirements outlined in Chapter 5.1 of the on-site manual.

1. The minimum liquid capacity of new septic tanks shall be one thousand five hundred (1,500) gallons. Lesser capacities may be authorized by the on-site sanitary official for auxiliary septic tanks.

2. The septic tank shall be constructed of concrete or equally durable material satisfactory to the on-site sanitary official.

B. Dispersal Field/Effluent Disposal. The effluent from a septic tank or an approved alternative treatment system shall be discharged into a dispersal field or an approved alternative disposal system of the size and type constructed in accordance with the requirements of the on-site manual as administered by the on-site sanitary official.

C. Volume and Soil Criteria.

1. When a project has an average daily sewage flow in excess of one thousand (1,000) gallons per day, one hundred (100) percent of the original and replacement dispersal field shall be installed along with accessible diverter value.

2. Permeable soil depth below the bottom of the leaching trench that receives non-secondary treated septic tank effluent shall not be less than four (4) feet.

3. Depth to seasonally high groundwater below the bottom of the leaching trench that receives non-secondary treated septic tank effluent shall not be less than four (4) feet.

4. Ground slope in the disposal area shall not be greater than thirty (30) percent.

5. When a project involving the new construction of or alteration to the primary dispersal field has an average daily sewage flow of less than one thousand (1,000) gallons per day and is to be served by a septic tank/dispersal field system, there shall be suitable area available upon the subject property for the installation of the primary dispersal field and a one hundred (100) percent replacement area for a secondary dispersal field system.

6. Soil composition shall be such that it will serve as an effective filter for septic tank (or an approved alternative treatment system) effluent.

7. Individual leach fields shall not be excavated when the soil is wet enough to compact or smear easily.

8. Any soil testing performed pursuant to meeting the above criteria may, at the discretion of the on-site sanitary official, be witnessed by a representative from the town on-site sanitation division.

9. Wastewater effluent dispersal is not allowed in any areas that will receive vehicle loading, stationary or moving, whether the surface is asphalt, concrete, gravel or soil, which has a percolation rate greater than thirty (30) minutes per inch. Paved areas, or areas proposed to be paved, which exceed thirty (30) minutes per inch of percolation rate shall not be used to determine net lot area when new parcels are being created.

(Ord. No. 559, § 3, 3-8-2016; Ord. No. 429, § 2, 3, 11-9-2004; Ord. No. 425 §§ 1, 2, 2004; Ord. 343 § 1, 2000; Ord. 228 § 3(part), 1993; Ord. 219 § 2(part), 1992)

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 on-site sanitary official and approval has been given.

(Ord. No. 559, § 4, 3-8-2016; Ord. 228 § 3(part), 1993; Ord. 219 § 2(part), 1992)

A. Evaluations of the Observed Performance of On-Site Wastewater Treatment and Disposal Systems at Time of Real Property Sale.

1. It shall be unlawful for any person to transfer title to another person of any parcel of land in the town upon which a septic tank and disposal drainfield, also known as an on-site wastewater treatment and disposal system, have been constructed and operating without first providing evidence to the town that the septic tank and drainfield are in substantial compliance with the operational provisions of this code.

2. As used in this section, evidence of substantial compliance shall be based on an on-site wastewater treatment and disposal system evaluation performed by a qualified person possessing the authority as confirmed by Chapter 5.14 of this code within twelve (12) months prior to the transfer of title.

3. The town shall issue a clearance to record the appropriate deed within five working days following notification by the title company processing the change of ownership title, or other competent authority, that any of the following have been completed:

a. The on-site wastewater system serving the subject parcel has been evaluated in accordance with this code and the on-site wastewater treatment and disposal system has no observed operational deficiencies as determined by the on-site sanitary official;

b. The on-site wastewater treatment and disposal system serving the subject parcel has been evaluated in accordance with the provisions of this code and the observed operating deficiencies of the system have been corrected as directed by the on-site sanitary official so that the system is operational;

c. The on-site wastewater system serving the subject parcel has been evaluated in accordance with the provisions of this code and sufficient moneys are on deposit in the escrow account held by the title company to fully fund the correction of the operating deficiencies as directed by the on-site sanitary official.

4. It shall be unlawful for any person to request the county recorder to accept for recording a deed to a property without the accompanying clearance to record as required by this section.

B. Periodic Evaluations of On-Site Wastewater Systems.

1. a. It shall be unlawful for any person to fail to have his, her or its septic system evaluated in accordance with this section. Beginning on May 18, 1992, each on-site wastewater treatment and disposal system within town limits shall be periodically evaluated as determined by the town. Standard systems meeting certain criteria shall have a time interval between evaluations of twelve years, seven years, or two years as described in this section. A standard system is defined in Section 4.1 of the Town of Paradise Manual for the On-site Treatment of Wastewater as follows: "A standard absorption system is an on-site wastewater disposal system for a single family dwelling consisting of a septic tank, a flow distribution unit and a gravity-fed absorption field constructed in accordance with the guidelines outlined in this manual.

2. Twelve Year Interval. To receive a twelve-year evaluation interval and operation permit, the property and on-site system must meet the following criteria:

i. The property must be owner-occupied (not a rental property).

ii. The property is a single-family residence and not a commercial property.

iii. The on-site system must not be within the area boundary identified as TW-MA, 0-30 (high ground water) on the Town of Paradise Wert Soil Map.

iv. Any deficiencies identified in the evaluator report upon completion of an on-site system evaluation must be corrected prior to issuance of a permit.

v. The on-site system must receive a hydraulic load test rating that is run, as part of the on-site system evaluation, of satisfactory, good or excellent.

2. Seven Year Interval. To receive a seven year evaluation interval and operation permit, the property and on-site system must meet the following criteria:

i. Any deficiencies identified in the evaluator report upon completion of an on-site system evaluation must be corrected prior to issuance of a permit.

ii. The on-site system must receive a hydraulic load test rating that is run, as part of the on-site system evaluation, of satisfactory, good or excellent.

3. Two Year Interval. A two year evaluation interval and operation permit will be issued to onsite systems that fall under the following criteria:

i. An on-site system that receives a hydraulic load test rating that is run, as part of the on-site system evaluation, of marginal or poor.

ii. Any deficiencies identified in the evaluator report upon completion of an on-site system evaluation must be corrected prior to issuance of a permit.

4. The town shall send notices by regular mail to the property owners specifying the due date by which their on-site wastewater treatment and disposal system shall be evaluated.

b. Alternative and Large System Evaluations. It shall be unlawful for any person to fail to comply with the requirements of this section. Each alternative or large on-site wastewater treatment and disposal system within the town limits shall be periodically evaluated as determined by the town. The time interval between evaluations for each system shall be established by the town based on its approximated volume of wastewater processed and the town's most current septic system evaluation report(s) concerning the observed performance of the on-site wastewater treatment and disposal system. The town shall, from time to time, send notices by regular mail to the property owners specifying the due date by which their on-site wastewater treatment and disposal system shall be evaluated.

c. Pretreatment Systems with Monitoring Programs. It shall be unlawful for any person to fail to comply with the requirements of this section. Pretreatment systems with assigned monitoring programs per subsection 1.4.A. of the Town of Paradise Manual for the On-site Treatment of Wastewater, as revised January 1, 2000, shall be evaluated per the schedule outlined in subsection 1.4.D of the On-site Manual.

2. The on-site wastewater treatment and disposal system evaluation shall be accomplished by a qualified person possessing the authority as confirmed by Chapter 5.14 of this code.

3. The town shall issue an operating permit renewal as provided in this chapter upon notification by the evaluator that the system serving the subject property is in compliance with this chapter and has no observed operating deficiencies.

4. The operating permit renewal shall not be issued until all operating deficiencies of the on-site wastewater treatment and disposal system have been corrected as directed by the on-site sanitary official.

C. Evaluation of the Observed Operating Performance of On-Site Wastewater Treatment and Disposal Systems at the Time of Building Permit Application Submittal.

1. No person shall obtain town approval of a building permit application requiring a plan check for any property in the town upon which a septic tank and disposal drainfield, also known as an on-site wastewater treatment and disposal system, has been constructed and/or is operating without first providing a septic system evaluation report to the town. Such septic system evaluation report shall be completed by a town-licensed evaluator. The septic system evaluation report shall provide evidence that the observed operational performance of the on-site wastewater treatment and disposal system is in substantial compliance with town regulations including Section 13.04.230.

2. As used in this section, evidence of substantial compliance shall be a current on-site wastewater treatment and disposal system evaluation performed by a qualified person possessing such authority as confirmed by Chapter 5.14 of this code. Evidence of a current on-site wastewater treatment and disposal system evaluation shall be a current operating permit.

3. The town shall grant on-site sanitation approval for a building permit when any of the following have been completed:

a. The on-site wastewater system serving the subject property has been evaluated in accordance with the provisions of this code and the on-site wastewater treatment and disposal system has no observed operational deficiencies;

b. The on-site wastewater treatment and disposal system serving the subject property has been evaluated in accordance with the provisions of this code and the observed operating deficiencies have been corrected as directed by the town on-site sanitary official and the system is operational;

c. The on-site wastewater treatment and disposal system serving the subject property has been evaluated in accordance with the provisions of this code and the observed operating deficiencies are to be corrected in accordance with a repair or alteration construction permit issued by the on-site sanitary official.

(Ord. No. 466, § 1, 7-24-2007; Ord. 343 §§ 2, 3, 2000; Ord. 254 § 2, 1995: Ord. 220 § 1, 1993)

A. All decisions of the on-site sanitary official relating to septic system evaluations may be appealed by the owner of the system to the public works director/town engineer. No other person shall have a right to file an appeal under this provision.

B. If the appellant disagrees with the decision of the public works director/town engineer relating to the evaluation, he or she may, within seven days, appeal the decision to the town manager. In the event the appellant disagrees with the decision of the town manager, he or she may file an appeal to the town council and have the matter heard by the council at their next regularly scheduled meeting. An appeal to the town council shall be accompanied by an appeal fee authorized by resolution of the town council.

(Ord. 343 § 4, 2000)

A. Any person, firm, corporation or partnership violating any provision of this chapter shall be guilty of an infraction.

(Ord. 343 § 5, 2000: Ord. 254 §3, 1995: Ord. 220 §2, 1993)