San Bernardino County Municipal Code Art. 5 Liquid Waste Disposal

The purpose of this Article is to set forth criteria and standards for the installation of onsite wastewater treatment systems to minimize hazards to water quality and the public health and safety. Pursuant to the authority cited in Chapter 1 of Division 3 of Title 3 of the San Bernardino County Code, Health and Safety Code §§ 5410 et seq., Water Code §§ 13520 et seq., and other applicable state law, the Board of Supervisors designates the Division of Environmental Health Services (DEHS) of the Department of Public Health of the County of San Bernardino as the enforcement authority for the purposes of this Article.

(Ord. 3105, passed - -1986; Am. Ord. 4330, passed - -2017)

Definitions herein shall supplement all definitions in Chapters 1 and 3 of Division 3 of Title 3 of the San Bernardino County Code.

ALTERNATIVE ONSITE WASTEWATER TREATMENT SYSTEMS. Onsite wastewater treatment systems (OWTS) that do not meet the criteria of a conventional OWTS, but are allowed under conditions specified by DEHS.

LIQUID WASTE. Includes the term “sewage” and means water that flows out of a septic tank, aerobic treatment unit, dispersal system, or other component.

LOCAL AGENCY MANAGEMENT PROGRAM (LAMP). A program approved by the Regional Water Quality Control Board in April 2017, and as thereafter amended, for the siting, design, operation, and maintenance of OWTS.

MOUNTAIN AREAS. Those areas included within the boundaries of the San Bernardino National Forest and of the Angeles National Forest.

ONSITE WASTEWATER TREATMENT SYSTEMS (OWTS). Wastewater treatment systems that use subsurface disposal, including: individual systems; community collection and disposal systems; and, alternative collection and disposal systems. OWTS do not include “graywater” systems as defined in Chapter 16 of the California Plumbing Code.

REGIONAL WATER QUALITY CONTROL BOARD (RWQCB). A regional water quality board that regulates wastewater discharges to surface water (rivers, ocean, etc.) and to groundwater (via land). It also regulates storm water discharges from construction, industrial, and municipal activities; discharges from irrigated agriculture; dredge and other activities with practices that could degrade water quality.

SEEPAGE PITS. A lined excavation in the ground that receives the discharge of a septic tank so designed as to permit the effluent from the septic tank to seep through its bottom and sides.

STANDARDS. DEHS’ “On-Site Wastewater Disposal System Soil Percolation (PERC) Test Report Standards: Suitability of Lots and Soils for Use of Leachlines or Seepage Pits” adopted in April 2017 and as thereafter amended.

(Ord. 3105, passed - -1986; Am. Ord. 4330, passed - -2017)

(a) No person or entity shall install, utilize, or control the use of any OWTS within this jurisdiction unless:

(1) The OWTS complies with applicable portions of the California Plumbing Code and the LAMP; and,

(2) A permit is obtained from the Building & Safety Division of the Land Use Services Department.

(b) No person or entity shall install, utilize, or control the use of an alternative OWTS unless such person or entity applies for, receives, and retains an unexpired, unsuspended, unrevoked permit from DEHS.

(Ord. 3105, passed - -1986; Am. Ord. 4330, passed - -2017)

Because of special conditions for liquid waste disposal in the mountain areas, the following standards shall apply:

(a) All liquid waste disposal systems in mountain areas shall be installed only in compliance with the LAMP unless the conditions of a RWQCB permit otherwise allows.

(b) Installation of seepage pits in mountain areas of this jurisdiction is prohibited.

(Ord. 3105, passed - -1986; Am. Ord. 4330, passed - -2017)

DEHS requires soil percolation testing for all new construction. Testing shall be as directed by DEHS and in compliance with the LAMP. DEHS may charge fees for review and/or soil percolation testing done by DEHS or its agents as set forth in Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code.

(Ord. 3105, passed - -1986; Am. Ord. 4330, passed - -2017)

Persons performing soil percolation tests for review by DEHS shall be registered or certified as one or more of the following:

(a) State of California Registered Civil Engineer;

(b) State of California Certified Engineering Geologist;

(c) State of California Registered Environmental Health Specialist;

(d) State of California Registered Geologist;

(e) State of California Geotechnical Engineer.

(Ord. 3105, passed - -1986; Am. Ord. 4330, passed - -2017)

Any tester may have DEHS testing privileges revoked or suspended for having lost the required State of California Registration/Certification under§ 33.0895.

(Ord. 3105, passed - -1986; Am. Ord. 4330, passed - -2017)

It shall be unlawful for any person or entity to violate any provision of this Article. Except as provided herein, all administration, enforcement, remedies, and penalties of Chapters 1,2, and 3 of Division 3 of Title 3 of the San Bernardino County Code shall apply to this Article in addition to all others provided by law.

(Ord. 3105, passed - -1986; Am. Ord. 4330, passed - -2017)