Article 7 — EXEMPTIONS AND ENFORCEMENT

a.

An exemption from the terms of this chapter and the Onsite Systems Manual may be granted by Environmental Health if all of the following conditions are met:

The exemption will not harm the public health, safety and welfare of the people or the environment of San Mateo County;

The basis for the exemption does not result from an intent to avoid the requirements of this chapter or the Onsite Systems Manual; and

The exemption will not have any adverse environmental effect on the use of the subject and adjoining properties.

b.

No exemptions shall be considered:

For any land division process;

Which allow the septic tank, dispersal system, and other components of the OWTS to be located outside the boundaries of the parcel upon which the structure requiring the system is built (for new development);

Which conflict with any other applicable state statute, regulation, County ordinance, or local municipal code, ordinance, or operating rules, without concurrence of the enforcing authority; or

Which allow a dispersal system area in fifty percent (50%) or greater slope, unless an OWTS failure exists such that Environmental Health determines that the repair of the OWTS cannot be made in any other manner and the repair can be made in a way that still safeguards public health and the environment.

c.

Application for an exemption shall be made by submitting a Permit application, required fee, and all other documents as prescribed in the Onsite Systems Manual.

d.

The application for exemption will not be considered complete until all exhibits required by this chapter and the Onsite Systems Manual have been submitted.

(Ord. No. 04754, § 1, 1-5-2016)

a.

Upon receipt of written notice from Environmental Health that OWTS-related work such as installation, repair, destruction or operation of an OWTS violates this chapter or the conditions of an approved permit, or is otherwise being performed in an unsafe or dangerous manner, said work must stop immediately. The stop-work order shall be personally delivered to the property owner and the property owner's agent, contractor, and other Person performing said work. A copy of the stop-work order shall also be sent to the owner of the property at issue by U.S. mail. The stop-work order shall state the conditions under which said work may be resumed. Failure to stop work and abate any unsafe conditions in accordance with the stop-work order may result in an enforcement action as described in section 4.84.195.

b.

Any existing OWTS which, based on inspection or evaluation by Environmental Health, is considered a hazard to safety or health by reason of inadequate maintenance, dilapidation, or obsolescence is hereby declared to be a public nuisance and shall be abated by repair or rehabilitation as ordered by Environmental Health. Failure to comply with such order of Environmental Health may result in enforcement action as described in section 4.84.195.

(Ord. No. 04754, § 1, 1-5-2016)

a.

Criminal Penalties.

A Person who has violated any provision of this chapter and/or knowingly files a false statement or report pursuant to this chapter, is guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding thirty (30) days in the county jail or by both such fine and imprisonment.

Each day of a violation as described in subsection a.1. shall constitute a separate offense.

b.

Administrative Fines.

Upon a finding by Environmental Health that a Person has violated any provision of this chapter, and/or knowingly filed a false statement or report pursuant to this chapter, Environmental Health may issue an administrative order requiring the violation to be corrected as well as an administrative fine of up to five hundred dollars ($500).

Each day of a violation as described in subsection b.1. shall constitute a separate violation.

Written notice of the fine shall be served by certified mail or by personal service with a description of the violation(s) and the supporting facts. The notice shall also mention the right to lodge an appeal and request a hearing before Environmental Health contesting the imposition of the fine.

Appeals must be made in writing, and shall include facts disputing the violation(s). Appeals must be addressed to Environmental Health, and must be received within ten (10) calendar days of the date appearing on the notice of the fine. The decision of Environmental Health shall be sent to the appellant by certified mail within thirty (30) calendar days of the appeal. The decision will constitute a final administrative order with no additional administrative right of appeal.

If said fine is not paid within thirty (30) calendar days from the date appearing on the notice of the fine or the notice of determination from Environmental Health after the appeal hearing, the fine may be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance or renewal of permit, certification, or registration issued by Environmental Health pursuant to this chapter.

(Ord. No. 04754, § 1, 1-5-2016)