Placer County Municipal Code Art. 13.20 Sewage Lagoons

A. It is the intent of this article to regulate the use of new sewage lagoons and spray irrigation areas constructed after the effective date of the ordinance codified in this article for the treatment and disposal of domestic sewage. Because of the complex and potentially toxic nature of many commercial and industrial wastes, this article is inadequate to regulate their treatment and disposal and, therefore, shall not be applicable to commercial or industrial developments where other than normal domestic sewage is generated.

B. This article shall be liberally construed so as to insure protection of the public health, to assure reliable and reasonable service to the customer, to prevent degradation of surface and/or groundwaters, and to minimize any other detrimental environmental effects that could result from the collection, treatment, storage, and disposal of sewage or wastewater associated with sewage lagoon systems.

(Prior code § 8.550)

As used in this article:

"Contamination"

means an impairment of the quality of the surface or subsurface waters of the county by wastewater to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not the waters of the county are affected.

"Degradation"

means the addition of any substance deleterious to, or the addition of any substances whose cumulative effect its deleterious to, the quality of the surface or subsurface waters of the county.

"Disinfected"

means treated wastewater (which has been subjected to chlorination or another disinfection process) in which the median number of coliform organisms does not exceed 23 per 100 milliliters, as determined from the bacteriological results of the last seven analyses, and the number of coliform organisms does not exceed 240 per 100 milliliters in any two consecutive samples.

"Environmental health division"

means the Placer County health department, environmental health division.

"One hundred-year wet year"

means the average annual precipitation in the area under consideration multiplied by a factor of 1.8. In those cases where precipitation data are not available for a specific area, the expected average annual rainfall may be determined by interpolation of the data from the nearest weather stations at altitudes above and below the area under consideration.

"Nuisance"

means anything which:

Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of adjacent properties, so as to interfere with the comfortable enjoyment of life or property; and

Affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; and

Occurs during, or as a result of, the collection, treatment, storage, or disposal of wastewater.

"Pollution"

means an alteration of the quality of the surface or subsurface water of the county by wastewater to a degree which unreasonably affects:

Such waters for beneficial uses; or

Improvements which serve such beneficial uses. Pollution may include "contamination."

"Sewage lagoon"

means an artificially constructed basin or pond used or intended to be used for containing sewage or wastewater that has received partial or complete treatment.

"Site plan"

means an accurate plan, to scale, showing:

Topography including contours and rock outcroppings;

Property lines;

Existing and proposed building;

Proposed sewage treatment facilities, lagoons, and spray irrigation areas;

Existing wells;

Drainage ways, creeks, springs, ditches, canals, lakes, reservoirs, and other waterways or bodies of water on the development site or within 500 feet of the proposed lagoon and/or spray irrigation areas;

Setback lines;

Any additional information necessary for the environmental health division or department of facility services to properly review the proposed wastewater treatment, storage, and disposal facilities.

"Spray irrigation"

means the application of treated, oxidized, disinfected wastewater to the ground's surface in an approved location and manner to enhance evaporation.

"Wastewater"

means sewage and any and all other liquid and/or water-carried waste substances associated with human habitation and of human or animal origin, but does not include industrial waste of liquid or solid nature, nor rain gutter run-off water.

"Wastewater facilities"

means any wastewater collection, treatment, storage, and/or disposal works and appurtenances thereto wherein any portion of the works includes sewage lagoon(s) and/or spray irrigation areas. Wherever used, "facility" and "wastewater treatment facility" shall be synonymous with this definition.

(Prior code § 8.551; Ord. 5006-B, 1999)

A. Application and Permit to Construct. No developer or managing entity shall construct waste treatment facilities without first filing an application with the environmental health division, and without first receiving a permit from the environmental health division for said construction. The requirements of the California Regional Water Quality Control Board shall also be appropriately met before a permit for construction may be issued.

B. Permit Amendment Required for Modifications. No managing entity shall modify, add to, or change any portion of its waste treatment, collection or disposal facilities, or operation thereof, as authorized by any permit issued by the environmental health division, unless it first files a petition and receives an amended permit from the environmental health division authorizing such modification, addition or change.

C. Contamination, Prohibited. The waste collection, treatment, storage and disposal facilities, discharges therefrom, and/or maintenance and operation of the facilities shall not create nor threaten to create a contamination, pollution, degradation, nuisance or hazard to health.

D. Nuisance Prohibited. All sewage lagoons shall be maintained and operated so as to preclude the creation of noxious odors, the breeding of mosquitoes and/or other disease vectors, so as to minimize rodent burrowing in dikes and berms, so as to prevent undesirable weed and tree growths within the lagoons and/or on the dikes and berms, and to prevent any and all other conditions detrimental to health and proper functioning of the sewage lagoons.

E. Containment of Untreated Wastewater. All untreated wastewater shall be contained within the approved collection and treatment facilities.

F. Containment of Treated Wastewater. All treated wastewater shall be contained within the approved disposal area. Sewage lagoons may be considered to be treatment, storage, and/or disposal facilities depending upon facility design and approved facility operation. However, spray irrigation areas shall be considered only as disposal areas.

G. Spray Irrigation Season. At elevations below 3,000 feet, the approved spray irrigation season shall be during the months of May through October. For elevations above 3,000 feet, the spray irrigation season shall be determined by the environmental health division after review of the necessary meteorologic, hydrologic, and other data submitted by the developer or managing entity.

H. Separation from Groundwater/Testing Requirements. Sewage lagoons shall be allowed only in those areas where a 10 foot separation between the lagoon bottom and the groundwater is maintained during the wettest time of the year. A five-foot separation between the surface of the spray irrigation area and the groundwater shall also be required. Testing for groundwater shall be performed during the wettest time of year as determined by the environmental health division. Groundwater testing holes shall be dug with a backhoe or a minimum 30 inch diameter bucket auger at the rate of two or more holes per surface acre of sewage lagoon and two or more holes per surface acre of spray irrigation area. Other test methods may be considered on a case-by-case basis by the environmental health division. French drains, well points, pumping systems, etc., shall not be allowed to draw down or mitigate high seasonal or annual groundwater conditions.

I. Raw Sewage Lagoons Prohibited. Sewage lagoons shall not receive raw sewage unless the lagoons are equipped with aeration devices as part of the approved wastewater treatment process.

J. Monitoring Wells Required. Where sewage lagoons and/or spray irrigation areas are utilized, groundwater monitoring wells shall be provided as determined by the environmental health division and the California Regional Water Quality Control Board.

(Prior code § 8.552)

The acceptability of proposed wastewater treatment facilities and effluent spray irrigation areas shall be based upon any or all of the following factors:

A. Nature of Wastewater. The quantity, quality and type of wastewater to be collected, treated or disposed of.

B. Location Versus Neighboring Land Use. The proposed location of the wastewater facilities with respect to surrounding land uses, proximity to residential developments, proximity to surface waterways, etc.

C. Geology—Soils. Geological and soils information such as permeability of the soils, depth of permeable soil, effectiveness of the soils as a lagoon liner, depth to groundwater, erosion potential of the soil, depth to bedrock, type of bedrock, etc.

D. Useable Area and Expansion Area. The gross usable area available for treatment and disposal, and the availability of at least a 50% expansion area for construction of additional treatment and disposal facilities as required by the environmental health division.

E. Micro-meteorology. Local micro-meteorologic conditions such as precipitation, evaporation, wind direction and velocity, etc.

F. Environmental Effects. Potential detrimental environmental effects of the treatment and disposal sites upon surrounding properties.

G. Other Factors. Other local meteorologic, geologic, hydrologic or health-related conditions.

(Prior code § 8.553)

A. Plans, Engineering and Fees. For each proposed construction or modification of any sewage lagoon waste treatment facility, complete engineered plans and specifications prepared by a California registered civil engineer shall be submitted to the environmental health division and public works department accompanied by an application for review and approval. The fee for review and approval by the environmental health division shall be the hourly rate established in Placer County Code Section 2.1200 for "miscellaneous functions". The applicant shall be required to pay a preliminary fee equivalent to the cost of 80 hours of work upon submittal of plans and application for permit. Any additional costs accrued by the environmental health division shall be billed to the applicant upon completion of construction and before the facility receives its final inspection. The following information shall accompany each such submittal:

1. Name, address, and phone number of the applicant and the person to contact in case of an emergency.

2. A site plan to scale.

3. Engineered plans specifying the method of waste treatment, including a schematic of the treatment facility and unit processes if applicable.

4. Engineered plans of the collection system and appurtenances.

5. Complete design criteria and specifications, including a complete hydraulic balance for a one hundred year wet year, and reference list to substantiate the design source and its applicability to the proposed wastewater facilities.

6. A report of geology, soils, groundwater and hydrologic conditions in the proposed spray irrigation and lagoon areas, including soil percolation rates, water intake (surface infiltration) rates, and soil water-holding capacity.

7. Manufacturers' or performance specifications on all package treatment plants, chemical feed equipment, pumps, lift stations, sprinkler heads or any other equipment specified to be used.

8. A complete and comprehensive plan for routine and emergency maintenance and operation (M/O).

9. Biochemical oxygen demand (BOD) loading calculations for each sewage lagoon and other treatment works when appropriate.

10. Sludge wasting and/or removal provisions for both package treatment plants and lagoons.

11. Any additional information deemed necessary by the environmental health division or public works department to properly evaluate the acceptability of the proposed waste collection, treatment, storage and disposal facilities. Wind data may be required when spray irrigation is employed.

B. Plan Review by Independent Consultant. If the public works department is not to be the managing entity, the environmental health division may, in addition to reviewing the engineered plans and specifications at the prescribed fee, require that an independent registered civil engineer, selected by the environmental health division, be retained to review all portions of the engineered plans, specifications, design assumptions, and all other engineering considerations pertaining to the proposed waste treatment facility and make recommendations to the environmental health division regarding changes in the engineered design. Such recommended changes in design engineering may be mandated by the environmental health division. The cost of an independent civil engineer's services in this respect shall be borne by the developer or the managing entity as is appropriate, and shall be paid up front to the environmental health division based upon the independent civil engineer's estimate of the cost of review.

C. Inspection and Fees. The environmental health division and public works department may require and/or perform inspection(s) of any or all phases of the construction or installation of any portion of a sewerage collection, waste treatment and/or disposal facility in order to insure compliance with this article and those requirements of the design engineer and other agencies having jurisdiction. The cost of such inspections performed by the environmental health division shall be based on the formula established by subsection A of this section.

D. Permit to Operate and Fees. Before commencing operation of the approved waste treatment facilities, the developer, on behalf of the managing entity, shall make application for, and receive from the environmental health division, a permit to operate the facilities. This permit to operate shall be valid for the remainder of the county fiscal year, and shall be renewed at the end of that fiscal year and each succeeding fiscal year at a cost of $250. Any such permit to operate issued by the environmental health division shall specify the approved methods of waste collection, treatment, storage, and disposal; the approved provisions for the maintenance and operation of the waste treatment facilities and the required means of dedication of the treatment facilities and appurtenances to the managing entity; and any other requirements deemed necessary by the environmental health division and public works department to satisfy the intent of this article.

All requirements of the California Regional Water Quality Control Board shall also be satisfied.

E. Permit Revocation. Pursuant to an administrative hearing, any such permit to operate issued by the environmental health division may be revoked by the environmental health division for violations of the provisions of this article or the requirements and conditions specified by the environmental health division on said permit. procedures for permit revocation shall be those specified in this article.

(Prior code § 8.554)

The design of waste treatment facilities shall adhere to the following requirements:

A. Treatment Needs. The degree and method of waste treatment shall be dependent upon the quantity and type of waste to be treated, and shall be commensurate with the needs and limitations of the proposed method and area of disposal.

B. Design Flows. For lagoons and treatment plants, the design flows shall be based on 350 gallons per day per dwelling unit.

C. Design Precipitation and Flood. For design purposes, design precipitation in the area shall be considered equivalent to that of a one hundred year wet year, and the flood level shall be that of a one hundred year return storm.

D. Sealing of Lagoons. At least the first two sewage lagoons in a series shall be sealed as approved by the environmental health division to reduce permeability -6 to 1 x 10 centimeter per second or slower, as determined by a testing laboratory recognized as competent in soil mechanics, and percolation shall not be considered in the hydraulic balance calculations for lagoons. Lagoons shall be protected from runoff water intrusion and migrating subterranean water intrusion by diversion ditches and filter drains, respectively.

E. Materials and Equipment Listings. All materials and equipment shall be National Sanitation Foundation listed or equivalent where appropriate as determined by the environmental health division.

F. Biochemical Oxygen Demand Loading Limit. For oxidation lagoons receiving domestic waste only, the BOD application rate shall not exceed 10 pounds/surface acre/day based upon 0.85 pounds BOD per day per dwelling unit unless the lagoons are provided with adequate aeration.

G. Duplicity of Key Components. Failsafe reliability measures such as auxiliary pumps and chlorinators and duplicity of key mechanical components shall be provided to insure adequate treatment at all times. Alarms shall be utilized to indicate failure of key components.

H. Minimum Number of Lagoons. All oxidation lagoon systems shall be composed of four or more lagoons plumbed to allow series and parallel loading of at least two of the lagoons and to allow maintenance of optimum liquid levels during wet and dry years. Fewer lagoons may be allowed on a case-by-case basis as approved by the environmental health division.

I. Design Infiltration and Inflow. The design flow shall include an infiltration and inflow rate of 500 gallons/inch pipe diameter/mile/day in the gravity collection system.

J. Influent Measurement. The wastewater treatment facility shall have an approved method to measure the quantity of waste received by the facility when required by the environmental health division.

K. Materials Detrimental to Lagoons Prohibited. Wastewater entering lagoons shall not contain any unusual type or quantity of material that would be detrimental to the process of treatment or disposal.

L. Accessibility—Fencing. The premises of all wastewater facilities including lagoons and the spray irrigation area shall be securely fenced, shall be all-weather accessible for maintenance operations, and inspection.

M. Conformance With Land Development Manual. Design and construction of the collection system and its appurtenances shall conform to the standards established by the Placer County Land Development Manual, Section IV, 6.01, et seq.

N. Acceptability of Package Plants. The acceptability of package waste treatment facilities shall be based upon the criteria contained in this article and the following requirements.

1. The facility must be a National Sanitation Foundation listed package treatment plant or its equivalent based upon approved laboratory testing.

2. The facility must be aerated.

3. Removal of BOD must be greater than 85%.

4. An alarm system to sound if pumping or aeration equipment fails shall be provided.

5. Adequate facilities for effluent sampling shall be provided.

O. Lagoon Setback Requirements. All sewage lagoons shall be located a minimum of 100 feet from any dwelling unit in the development and 200 feet from any dwelling unit outside the development.

(Prior code § 8.555)

A. Treatment and Disinfection. All wastewater to be disposed of by spray irrigation shall, at all times, be adequately oxidized and disinfected. In addition, spray irrigated wastewater shall meet the requirements of California Administrative Code, Title 22, Division 4, Wastewater Reclamation Criteria, Section 60313(a), except that the disinfection standards defined in this article shall apply.

B. Accessibility and Flood Protection. The spray irrigation area shall be "all-weather" accessible to persons for inspection, and to equipment for maintenance and repair, and shall be protected from flooding caused by a one hundred year return storm.

C. Setback Requirements. The spray irrigation area shall be located at least 300 feet from any private property boundary and 300 feet from any recreation area and any area frequented by people on a daily basis.

D. Application rates—Tailwater recovery. The spray irrigation area shall be designed to be loaded at a rate not to exceed 25% of the native soil's ability to accept clear water without runoff. A "tailwater" collection system shall be provided to reintroduce any run off sprayed effluent into the headworks of the treatment facility. The irrigation area shall be planted with vegetation to prevent erosion, enhance evapotranspiration and minimize aerosol drift. A means of shunting rainwater away from the headworks during the months when spray irrigation is not allowed shall be provided and used appropriately.

E. Chlorination and Detention. Disinfection of the wastewater prior to spray irrigation shall consist of chlorination, followed by thorough mixing and 90 minute modal detention time. Treatment and chlorine contact facilities shall be designed to prevent "short circuiting" of flow.

(Prior code § 8.556)

A. Operator Certification. All wastewater facilities shall be operated and maintained by qualified wastewater treatment plant operators, certified by the state. Their level of certification shall be commensurate with their required duties and responsibilities.

B. Required Activities. Routine maintenance by facility operators shall include any or all of the following and any other activities as required by the environmental health division and public works department:

1. At least twice-weekly inspections to insure proper operation of the spray irrigation system;

2. Monthly (or more frequently as determined by the environmental health division) inspection of monitoring wells where they are used, and quarterly analyses of liquid contained therein by a certified wastewater laboratory;

3. At least twice-weekly inspections of lagoon liquid levels;

4. Routine sampling of the effluent quality. The specific testing to be performed and the testing intervals shall be established by the environmental health division and the California Regional Water Quality Control Board;

5. Maintenance of accurate, up-to-date daily records of operation of the facility.

C. Prevention of Erosion. The treatment and/or disposal facilities shall be maintained in such a manner as to prevent erosion on the treatment and/or disposal site.

D. Compliance With Discharge Requirements. Operation and maintenance of the facility shall insure compliance with the discharge requirements specified by the California Regional Water Quality Control Board and the permit to operate in addition to all other provisions of this article.

E. Availability for Inspection. All wastewater facilities shall be available for inspection by the environmental health division at all times.

(Prior code § 8.557)

The environmental health division shall be responsible for administration and enforcement of the provisions of this article, including the following:

A. Issuance of permits as provided by this article.

B. Revocation of permits as provided by this article.

C. Taking all necessary and reasonable actions necessary to insure that wastewater treatment facilities comply with the provisions of this article, county and state laws.

(Prior code § 8.558)

Whenever the managing entity of any wastewater treatment facility violates the provisions of this article, the requirements of any permit issued pursuant to this article, or any state or county law relating to sewage treatment and/or disposal, the director of environmental health may call an administrative hearing.

A. Notification of Administrative Hearing.

1. If in the opinion of the director of environmental health an administrative hearing is necessary, the environmental health division shall notify the managing entity via certified mail, 14 days prior to the hearing.

2. Fourteen Day Exception. The 14 days cited in subsection (A)(1) of this section may be reduced to as little as 24 hours notice when, in the opinion of the director of environmental health, a public health hazard exists. Under those circumstances, such notice may be oral or written.

B. Written or Oral Notification of Hearing. The written or oral notification of hearing shall contain; violations of the permit provisions; violations of this article; other violations of state laws or Placer County Code; the date, time and place of the hearing; the reason(s) for which the administrative hearing is called; and materials upon which the action is based.

C. Actions and Penalties. After holding an administrative hearing the division of environmental health may take any of the following actions or combinations thereof:

1. Order the managing entity to abate any violation of the provisions of a permit issued pursuant to this article, violation of code or any other law or regulation within a specified period of time; and/or

2. Immediately revoke any permit issued pursuant to this article.

D. Appeal—To Whom Made. Upon payment of $50 to the clerk of the board of supervisors, the managing entity or any aggrieved party may appeal the decision of the division of environmental health to the board of supervisors within five working days of the date of the director's decision.

E. Effective Date of Penalties. The penalties shall become effective when a request for an appeal hearing has not been filed within the prescribed time or when the actions of the division of environmental health have been upheld or modified by the board of supervisors.

(Prior code § 8.559)

A. Conditions for Granting of Variance. The director of environmental health may grant a variance or conditional variance to one or more of the requirements of this article. Such variance may be granted only under the following conditions:

1. The developer and managing entity have applied for a variance.

2. The variance is in the best interest of public health and conservation of resources.

3. The variance is based upon known technology that can be substantiated, and is not based upon experimental technology.

4. Any conditions that the director of environmental health feels are necessary to protect the public health have been included in the variance and have been accepted by the applicants.

B. Application. The applicants for the variance shall submit all information necessary for the hearing officer to evaluate the merits of the variance request, and may be required to submit detailed information in certain areas specified in Section 13.20.050 as required by the director.

C. Fees. Each application for a variance under this section shall be accompanied by a nonrefundable fee of $100.

D. Variance Hearing and Notification. When application for a variance is received by the director of environmental health, he or she shall set a date for public hearing, within 30 days of receipt of all information necessary and the prescribed fee, to hear the matter.

1. Notice of the hearing date shall be given by mail to the applicants and all contiguous property owners at least 14 days prior to the hearing.

2. The notice of the hearing shall state the location of the property for which a variance is being considered, a description of the type of variance being considered, and a statement that both oral and/or written testimony may be given for consideration at the hearing.

E. Hearing Officer. The hearing officer shall be the director of environmental health or designee.

F. Action by Hearing Officer. The hearing officer may take one of the following actions after the prescribed hearing is held:

1. Grant the variance;

2. Grant the variance with conditions;

3. Deny the variance;

4. Take the matter under advisement and issue a written decision at a future date no more than 30 days after the hearing;

5. Continue the matter to a date certain to allow for consideration of further testimony and/or information.

G. Appeals. Anyone aggrieved by the decision of the hearing officer may appeal the matter in the manner prescribed for appeal under Section 13.20.100(E) of this article.

(Prior code § 8.560)