Article 6 — DESIGNATED MAINTENANCE AREAS

§ 33.08100 Purpose and Authority. (a) The purpose of this Article is to establish criteria and minimum requirements for the discharge of sewage effluent from DEHS-approved on-site individual waste disposal system within designated maintenance areas as listed in § 33.08102 of this Article without endangering the public health and safety. In enacting this Article, the Board or Council of this jurisdiction has determined that the designated maintenance areas as listed in § 33.08102 of this Article have unique topographical and hydrogeologic conditions which require the application of the provisions set forth herein in order to protect the public health, welfare, and safety. (b) Pursuant to the authority cited in Chapter 1 of this Environmental Health Code (E.H. Code), Health and Safety Code §§ 5410 et seq., and other applicable State law, this Board or Council designates the Department of Environmental Health Services (DEHS) of the County of San Bernardino as the enforcement authority for the purposes of this Article within this jurisdiction. (Ord. 3105, passed - -1986) § 33.08101 Definitions. Definitions herein shall supplement all definitions in Chapters 1 and 3 of this E.H. Code. FAILING SYSTEM. A system which allows surfacing of effluent or septage, or back-up of septage toward the fixtures. OWNER. For the purpose of this Article only, means any person or entity who owns property, including improvements and possessory interests on U.S. Government land, from which sewage is generated or discharged. The term shall not include persons who hold a right, title, or interest in such property for security purposes only. SEWAGE. Any liquid waste which may include chemicals, household waste, human excreta, animal or vegetable matter in suspension or solution, and which is discharged from a dwelling, building, or other establishment. WASTE DISPOSAL SYSTEM. Any process by which sewage is collected, treated, or disposed of by subsurface means. For the purpose of this Article, the term shall not include sewage holding tanks as defined in this Chapter. (Ord. 3105, passed - -1986) § 33.08102 Designated Maintenance Areas. The following areas are designated maintenance areas as defined by maps on file with the Clerk of the Board or Council of this jurisdiction. (a) U.S. Forest Service Polique Canyon Tract; (b) U.S. Forest Service Lakeview Tract; (c) Mill Creek Basin above 2,600 feet, including but not limited to the communities of Forest Falls, Angeles Oaks and Mountain Home Village; (d) U.S. Forest Service Pine Knot Tract; (e) U.S. Forest Service Metcalf Creek Tract; (f) U.S. Forest Service Big Bear Tract; (g) U.S. Forest Service Willow Glen Tract. (Ord. 3105, passed - -1986; Am Ord. 4166, passed - -2012) § 33.08103 Persons Authorized to Certify Compliance. Any person possessing one or more of the following qualifications may certify compliance of a waste disposal system with the requirements of this Article, if such person is first registered with DEHS to do so: (a) State of California License as a C-42 Contractor; (b) State of California Registration as a Civil Engineer; (c) State of California Registration as a Sanitarian; (d) State of California Certification as an Engineering Geologist.

(Ord. 3105, passed - -1986) § 33.08104 Revocation of DEHS Authorization to Perform Certifications. Any person authorized by DEHS to perform certification of compliance with this Article may have such authorization revoked or suspended for: (a) Having lost the status required under § 33.08103 above; (b) Having falsified any information to DEHS on a material question. Administrative hearing procedures for the revocation or suspension of any DEHS certification authorization shall generally proceed as is set forth in Chapter 2 of this E.H. Code. (Ord. 3105, passed - -1986) § 33.08105 Minimum Requirements. No person or entity shall install, construct, utilize, modify, maintain, or abandon any liquid waste disposal system within designated maintenance areas of this jurisdiction except pursuant to the minimum requirements hereinafter set forth, and of the Uniform Plumbing Code as adopted and amended by this jurisdiction. (a) Part I—Standards Generally. The basic standards and criteria for liquid waste disposal within designated maintenance areas shall be as follows: (1) Septic tank and leach field systems shall be the preferred method of individual on-site sewage disposal. Exceptions, modifications, and alternative systems will be considered upon petition to DEHS on a case-by-case basis. (2) All liquid waste disposal systems shall have an initial review to determine compliance with these standards within one year of the date of adoption of the same. Within three years of adoption, systems shall be in compliance with these minimum standards. All failing systems shall be in compliance within 30 days or less as determined by DEHS. (3) Chemical toilets shall not discharge to on-site disposal systems. (4) Pit privies are prohibited. (5) Cesspools are prohibited. (6) No new or replacement liquid waste disposal system or the discharge component of that system shall be placed or installed on land with a ground slope greater than 30 percent unless engineering data is presented to DEHS to show that no surfacing of effluents or contamination of groundwater will occur. (7) Percolation rates shall conform to the requirements adopted by this jurisdiction. (8) Minimum separations shall be as follows: (A) Septic tank to: Water supply source: 100 ft. Buildings or structures: five ft. (Includes porches and steps whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walls, covered driveways, and similar structures or appurtenances.) Perennial streams: 50 ft. Ephemeral streams: 50 ft. Large trees: ten ft. (Any tree with a trunk diameter of one foot or more.) Disposal field(s): five ft. Private domestic water lines: five ft. (Building service line) Public domestic water lines: ten ft. (Water purveyor’s line) (B) Soil absorption system to: Water supply source: 100 ft. Building or structures: eight ft. (Includes porches and steps whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walls, covered driveways, and similar structures or appurtenances.) Perennial streams: 100 ft. Ephemeral streams: 50 ft. Septic tank: five ft. Distribution box: five ft. Private domestic water line: six ft. (Building service line) Public domestic water line: ten ft. High ground water table level: five ft. (The highest known level to which ground water is known to have occurred rather than the level at the time when testing occurred.) Ground surface on sloping ground: 15 ft. (When disposal fields are installed in sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be 15 ft.) (9) Special Requirements. (A) Special Soil Conditions. (I) Percolation rates of less than five minutes/inch may require substantial increases in the minimum separations normally applied. (II) Special soil conditions may require special solutions and must be considered on a case-by-case basis by DEHS (B) Special Discharge Conditions. (I) Protection of special resources (drinking water supply, recreation area, etc.). (II) Fractured rock. (III) Other limitations requiring special solutions will be considered on a case-by-case basis by DEHS. (b) Part II—Review Inspections and Maintenance. All existing liquid waste disposal systems within a designated maintenance area shall be reviewed to determine compliance as follows: (1) Categories of Initial Review and Compliance Schedules: (A) For systems installed under permit after December 31, 1984, only a limited initial inspection will be required to determine the systems are functioning properly and not failing. (B) For systems installed prior to 1965 and where documentation provided to DEHS substantiates compliance with current standards, only a limited initial inspection will be required to determine such systems are functioning properly and not failing. (C) Undocumented systems shall require an on-site certification inspection by a DEHS registered inspector to substantiate compliance. (D) Absent such foregoing review and certification, nonfailing systems shall be deemed in noncompliance and shall be upgraded to meet current standards within three years after adoption of these standards. (E) All systems shall be reviewed initially and every two years thereafter by DEHS or its agents for evidence of failure. All failing systems shall be brought to code compliance within 30 days

such foregoing review and certification, nonfailing systems shall be deemed in noncompliance and shall be upgraded to meet current standards within three years after adoption of these standards. (E) All systems shall be reviewed initially and every two years thereafter by DEHS or its agents for evidence of failure. All failing systems shall be brought to code compliance within 30 days or less as determined by DEHS to protect the public health and safety.

(2) When any initial limited or certification inspection is required, it shall be performed by a person registered (registrant) with DEHS for that purpose. (3) Where only a limited initial inspection is required, the registrant shall certify the system is in compliance and acceptable for continued discharge prior to permit issuance. (4) Initial certification inspection procedures shall include: (A) Verification of the type of system (e.g., septic tank/leach line system). (B) Verification that the capacity and construction of the septic tank comply with the requirements of that edition of the Uniform Plumbing Code adopted and as amended by this jurisdiction. (C) An accurate plot plan showing the location of the liquid waste disposal system components relative to all improvements, buildings, large trees, and significant boulders and showing that the distance from banks of all perennial and/or ephemeral steams to the nearest portion of the disposal system discharge is in compliance with the requirements of the Code of this jurisdiction. (D) Verification that all liquid waste discharges are made to an approved liquid waste disposal system. (E) Verification that the dimensions and absorption area of the soil absorption system are per the currently adopted and as amended edition of the Uniform Plumbing Code of this jurisdiction. (F) Data showing that separation between the bottom of the soil absorption system and the high level of groundwater is five feet or greater of suitable soil. (G) Data on special soil and discharge conditions requiring special solutions, when applicable as required by DEHS. (5) Biennial survey inspection procedures for failing systems shall include: (A) Review of the plot plan for any changes since the previous inspection. (B) Inspection of the liquid waste disposal system and site to determine if the system is failing. (C) Review of any alternate liquid waste disposal system. (D) At least 14 days prior notice of the survey dates by DEHS placing a legal advertisement in a local newspaper or by other suitable means of public notification. (6) System maintenance requirements for all systems shall include: (A) Verification submitted to DEHS prior to permit issuance or renewal indicating that the system has been pumped at least once every six years and more often as required; or (B) In lieu of pumping, an inspection of the system by a registrant at least once every six years and certification to DEHS that the system does not require pumping or corrective action. (7) Permit Requirements. (A) All generators of liquid wastes shall possess a valid permit to do so as provided by this Article within one year of the adoption of these standards. (B) Permit applicants with systems in compliance shall be granted regular permits. Applicants with noncompliance (but nonfailing) systems shall be granted temporary permits to operate until such date that the systems are required to be in compliance. (C) Permits shall be renewed every two years. Temporary permits are not renewable. (c) Part III—Special Requirements for Certain U.S. Forest Service Tracts. All requirements contained within this § 33.08105 as modified herein by Part III shall apply to the U.S. Forest Service Tracts listed in § 33.08102 at (a), (b), (f), (g), (h), and (i). These special requirements do not apply to new construction or additions equal to or exceeding 50 percent of the floor area of the structure involved. (1) Septic tanks serving existing structures shall be 500 gallons or more. Any replacement components to a septic system shall conform to the currently adopted edition (as amended) of the Uniform Plumbing Code of this jurisdiction. (2) Special Considerations for Existing Structures with Limited Water Supply. (A) Where the owner of a structure can document that piped water under pressure is not available to that structure, an alternative sewage disposal system may be approved by DEHS. (B) Where an adequate domestic water supply is available or becomes available, the owner shall provide piped domestic water to the structure and comply with the provisions of this Section. (3) Adverse Site Conditions for Sewage Disposal. Where adverse site conditions will not allow installation of a septic system in conformance with this Section for an existing structure, DEHS may approve an alternative sewage disposal method until such adversities cease to exist. (Ord. 3105, passed - -1986) § 33.08106 Permits Required. No person or entity shall install, construct, utilize, modify, maintain, or abandon any waste disposal system within the designated maintenance areas except with an unexpired, unsuspended, unrevoked permit to do so from DEHS, and having paid all applicable fees to DEHS as set forth in the San Bernardino County Code Schedule of Fees. (Ord. 3105, passed - -1986) § 33.08107 Holding Tanks. Use of sewage holding tanks within the Designated Maintenance Areas shall be in accordance with the provisions of Article 4 (Sewage Holding Tanks) of Chapter 8 of Division 3 of Title 3 of the San Bernardino County Code, as the same may be amended from time to time, or the equivalent provisions of the Code of this jurisdiction. (Ord. 3105, passed - -1986) § 33.08108 Administration, Enforcement, Remedies, and Penalties. 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 this Article shall generally proceed as is set forth in Chapters 1, 2, and 3 of this E.H. Code, and be in addition to all others provided by law. (Ord. 3105, passed - -1986) §§ 33.08109—08119 (Reserved).