San Bernardino County Municipal Code Art. 7 Operation of Multiple Ownership Septic Systems

§ 33.08120 Purpose.

It is the intent of this Article to ensure that multiple ownership septic systems serving two or more dwelling units are operated and maintained by qualified personnel, and that such operation and maintenance is provided as needed, to prevent a public nuisance or threat to public health or degradation of water quality from occurring. The provisions of this Article shall not apply to any existing industrial or commercial multiple ownership septic systems, except that the provisions of this Article as in effect prior to January 1, 1986, shall be applicable to any systems for which an application for permit had been made prior to January 1, 1986.

(Ord. 3105, passed - -1986)

§ 33.08121 Authority.

Pursuant to the authority cited in Chapter 1 of this Environmental Health Code (E.H. Code), Health and Safety Code §§ 15000 et seq. (Sewer and Other Waste), and as otherwise provided by law, the Department of Environmental Health Services (DEHS) of the County of San Bernardino shall enforce the provisions of this Article within this jurisdiction.

(Ord. 3105, passed - -1986)

§ 33.08122 Definitions.

Definitions herein shall supplement those in Chapters 1 and 3 of this E.H. Code, except that for purposes of this Article:

DWELLING UNIT. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, as the primary use of the building, for not more than one family.

MULTIPLE OWNERSHIP SEPTIC SYSTEM. A multiple-use septic system which services two or more dwelling units even if the ownership of the system is not equal.

OWNER. Any person or entity who owns property, including improvements and possessory interests on U.S. Government land, from which sewage is generated or discharged and includes a homeowners’ association incorporated to manage the affairs of a group of property owners with interests in one or more common septic systems. The term does not include a person or entity who holds right, title, or interest in such property for security purposes only.

PUBLIC NUISANCE. As defined at Civil Code §§ 3479 et seq., Penal Code § 370, and § 33.0302(a)(5) and (12) of this E.H. Code.

PUBLIC OPERATING AGENCY. Any public agency which assumes responsibility for the physical operation, maintenance, and/or repair of septic systems regulated by this Article.

SEPTIC SYSTEM. A sewage disposal system consisting of a septic tank and a soil absorption system which conforms to the codes of this jurisdiction.

(Ord. 3105, passed - -1986)

§ 33.08123 Ownership and Control.

Multiple ownership septic systems shall be owned, operated, and maintained by a property owners’ association or homeowners’ association which has been incorporated under the laws of the State of California and has complied with the requirements of this Article.

(Ord. 3105, passed - -1986)

§ 33.08124 Conditions, Covenants, and Restrictions (C. C. & R.’s).

The C.C.&R.’s of each property owners’ association or homeowners’ association shall include DEHS-approved provisions for obtaining and collecting from the membership, any funds necessary for operation, maintenance, and repairs to their septic system. Proposed C. C. & R.’s shall be reviewed and approved by DEHS before becoming effective. No changes in any DEHS-approved C. C. & R.’s shall be made until proposed changes have been approved by DEHS.

(Ord. 3105, passed - -1986)

§ 33.08125 Types of Permits.

(a) Development Permit. For the purpose of satisfying conditions of approval as may be adopted by the Planning Commission or the Board or Council of this jurisdiction, DEHS may issue a permit to the developer of a project subject to the terms of this Article. This permit shall be valid for the term of the planning approval process, the construction of the project, and for six months following the issuance of a satisfactory final inspection notice by the Building and Safety Authority, or upon activation of the association required by § 33.08123, whichever comes first.

(b) Operating Permit. Following the termination of the development permit, if any, a multiple-owned septic system subject to this Article shall only be operated under an annual permit from DEHS issued to an owner and renewed upon the determination that the facility is in compliance with the requirements of this Article. If property is developed in different phases according to development plans, one permit shall be required for the first phase, and additional permits shall be required for any subsequent phase not covered by the first permit.

(Ord. 3105, passed - -1986)

§ 33.08126 Requirements For DEHS Permits.

No person or entity shall construct, install, modify, own, operate, or maintain any multiple ownership septic system to which this Article applies without first holding unexpired, unsuspended, unrevoked development and operating permits to do so from DEHS and having paid fees to DEHS as specified in the San Bernardino County Code Schedule of Fees, and unless currently has:

(a) Posted bonds as security for the proper installation and functioning of the system as follows:

(1) Preliminary Bond. A preliminary bond shall be placed with DEHS in the form of a passbook account which has been assigned to DEHS by means of a properly executed agreement form provided by DEHS and in an amount determined by DEHS, but not less than $5,000.00, prior to issuance of a development permit. Following the issuance of the operating permit, DEHS shall terminate its assignment of this passbook account and release the balance to the person(s) named in the passbook.

(2) Operating Permit Bond. A cash bond shall be provided by the responsible association in an amount determined by DEHS, but not less than $5,000.00, prior to issuance of an operating permit. The amount of the bond shall be returned to the association upon termination of the permit and the need, as defined by this Code, for the operating permit.

(3) Bond Amounts. Bond amounts shall be set by DEHS and may be established on the basis of five percent of a California Registered Civil Engineer’s estimate of installation of the septic system(s) or $5,000.00, whichever is the greater amount.

(b) Obtained DEHS review and approval of the septic system design and specifications prior to the commencement of construction, and has obtained DEHS inspections and approval at the completion of each construction phase.

(c) Satisfied all DEHS operating permit conditions for the purpose of protecting public health and water quality and agreed to by the permittee at the issuance of an operating permit and prior to any changes being made in the terms of the permit. Conditions which may be included are:

(1) Periodic monitoring and submission of test results to DEHS;

(2) Quantity limitations to a specific septic system or systems;

(3) Notification to DEHS of the names of these officers of the association and others overseeing the operation and maintenance of the system. Telephone numbers and addresses for routine contacts and emergency use shall be included;

(4) Waste discharge requirements, or portions thereof, issued to the permittee by the Regional Water Quality Control with jurisdiction;

(5) Any other conditions which are necessary due to the circumstances of the discharge; and

(6) Statement as to what land or property is subject to placement of a lien or liens against the property should such be necessary in accordance with § 33.08131 of this Article.

(d) Obtained and passed the DEHS-required annual inspection. Each septic system for which a multiple ownership permit is required shall be inspected each year and the permit holder shall submit proof of that inspection with the renewal application. Only persons qualified under Article 6 (Designated Maintenance Areas), § 33.08103 of this Chapter shall inspect and certify to DEHS that the system is adequate, in good repair, and working order.

(e) Notified DEHS when a change is proposed in the number of total available services, type of facility served, change in ownership, or any other changes which affect the septic system, the discharge, or the permit to operate.

(f) Where an applicant or permittee is required by another regulatory agency to have a public entity as an operating agency, such applicant or permittee has secured the agreement and services of an operating agency to assume such responsibilities as may be required by such regulatory agency. Where a public operating agency has assumed operational responsibilities, no permit pursuant to this Article shall be required for operation of the septic system(s).

(Ord. 3105, passed - -1986)

§ 33.08127 Existing DEHS Operating Permits.

Any DEHS operating permit issued prior to January 1, 1986, shall be subject to the provisions of this Article that were in effect when such a permit was issued, and not subject to any such provisions first coming into effect on January 1, 1986. This shall be the case only so long as such a permit is continuously renewed prior to expiration and no applicable provisions of this Code or conditions of the permit are violated. After the latter event, the current provisions of this Article shall be applicable and enforced as to the permitted facility.

(Ord. 3105, passed - -1986)

§ 33.08128 Public Sewering Entity.

Where an existing public entity with sewering powers has authority or has a sphere of influence over a site for which a permit to operate a septic system is requested, the following shall apply:

(a) DEHS shall notify the entity of the application for a permit and shall not issue a permit until concurrence is received from the entity.

(b) If requested by the entity, DEHS shall revoke a permit to operate a septic system in order to facilitate connection of the developed property(ies) to the entity’s sewerage system.

(Ord. 3105, passed - -1986)

§ 33.08129 DEHS Contracted Services.

DEHS may contract with, or otherwise make arrangements to have, persons with special expertise or qualifications to perform services, such as plan review or inspections or provide consultation on technical matters concerning any septic system(s) subject to this Article. The applicant or permittee shall reimburse DEHS for such expenditures.

§ 33.08130 Placement of Utilities.

(a) Easements. Easements for placement of utilities shall be designated and subject to review and approval by DEHS to assure compliance with all applicable codes.

(b) Separations. Separations of domestic water lines and all sewerage lines and appurtenances shall conform to the Administrative Code §§ 64511_64644, “California Waterworks Standards.”

(c) Placement of Easements. Easements shall be placed so that they are fully accessible and are not restricted by placement of structures, other easements with conflicting uses, or other factors which inhibit or delay necessary repair activities or accessibility.

(d) Location of Absorption System. Soil absorption systems shall not be located under public or private roads. Private roads do not include off-street parking areas or the approach driveway to individual lots or spaces.

(Ord. 3105, passed - -1986)

§ 33.08131 Compliance Procedures, Remedies, and Penalties.

It shall be unlawful for any person or entity to violate any provision of this Article. If DEHS makes a determination that a sewerage system is not in compliance with the requirements of this Article, DEHS shall make a demand of the owner(s), and any other person known to be occupying or using the real property, to correct such noncompliance. This demand shall consist of a reasonable effort, including personal service, or posting the property, or government mail service, according to the availability of the person(s) to whom the notice is to be given and the practicality of the method chosen, to reach such person. Personal service shall not be required, but mailed notice to the surety of any posted bond shall be given. If at 48 hours after the effort to give notice to all such parties is made, the noncompliance has not been corrected, the Director of DEHS may declare the posted bond forfeited and make such arrangements as are necessary to abate the public nuisance caused by the offending septic system. The forfeited bond shall be the source of funds drawn upon by DEHS to defray the actual cost to DEHS of any abatement action to correct the offending septic system. If such funds are not available for any reason or are insufficient, or there is a default or dishonoring, DEHS may act pursuant to §§ 33.0311 et seq. of Chapter 3 (Public Nuisance Abatement) of this E.H. Code to recover its cost, including a lien attaching to real property for unrecovered costs.

(b) Except as provided herein, in addition to the foregoing, all remedies/penalties and other provisions of Chapters 1, 2, and 3 of this E.H. Code shall apply to this Article, and are in addition to all others provided by law.

(Ord. 3105, passed - -1986)

§§ 33.08132—08140 (Reserved).