Article I — Onsite Wastewater Treatment Systems

The purpose of this article is to regulate onsite wastewater treatment systems as defined herein. It is the intent of the board of supervisors, in adopting this article, to ensure that onsite wastewater treatment systems are constructed, modified, repaired, abandoned, maintained, inspected and serviced in a manner that prevents environmental degradation and protects the health, safety and general welfare of the people of Santa Barbara County. This article is intended to achieve the same policy purpose as the California State Onsite Wastewater Treatment System Policy, adopted June 19, 2012 and as may be amended, which is to protect water quality and public health.

(Ord. No. 4909, § 2, 1-6-2015)

The definitions set forth in this section shall govern the construction of this article.

(A)

"Accessible" means being readily reached and located and opened for purposes of servicing, inspection, repair, upgrade or modification, as defined in this article.

(B)

"Accessory structure" is any structure, which is subordinate to a main structure. Examples include, but are not limited to, residential second units, guesthouses, decks, cabanas, pools, tennis courts, greenhouses and paved or impervious driveways.

(C)

"Adequate access" means an unobstructed tank port with a minimum of a twenty-inch inside diameter.

(D)

"Administrative authority" is the director of the environmental health services division of the Santa Barbara County Public Health Department, or a duly authorized representative.

(E)

"Alluvium" means unconsolidated rock and/or soil that has been redeposited and typically lies above consolidated bedrock.

(F)

"Alternative wastewater treatment system" is an onsite wastewater dispersal field that consists of components other than a conventional or supplemental treatment system as defined in this article. Examples include, but are not limited to, "mound," "evapotranspiration," and "at grade" systems.

(G)

"ANSI" means the American National Standards Institute.

(H)

"Bedroom" is any room in a dwelling that has a door for privacy, a closet and an egress window.

(I)

"Bedrock" is any consolidated rock, either weathered or not, which usually underlies alluvium. Bedrock would include sedimentary rocks excluding alluvium. Examples include, but are not limited to, Rincon Formation, Sespe Formation, Coldwater Formation, Sisquoc Formation, and Monterey Formation.

(J)

"Cesspool" is an excavation with permeable sides and/or bottom that receives sewage, wastewater, or drainage and is designed to retain organic matter or solids but permits liquids to seep through the bottom or sides.

(K)

"Community system" is a residential wastewater treatment system for more than five units or more than five parcels; or commercial, industrial or institutional systems that treat two thousand five hundred gallons or more of domestic/sanitary wastewater per day (peak daily flow).

(L)

"Conventional onsite wastewater treatment system" is an onsite wastewater treatment system composed of a septic tank and a dispersal field that uses leach lines, a leaching bed or seepage pits, a shallow drip or pressurized drain field and does not include alternative onsite wastewater treatment systems.

(M)

"Dispersal area" is the location of a dispersal field and expansion area.

(N)

"Dispersal field" means a location used for discharge of liquid sewage effluent from a septic tank, dosing tank or treatment tank. Standard dispersal fields include, but are not limited to, leach lines, leach beds, and seepage pits.

(O)

"Drywell" is synonymous with the term "seepage pit."

(P)

"Dual dispersal field" consists of two dispersal fields, connected by a diverter valve, each of which is designed to accommodate the full volume of effluent received from other components of an onsite wastewater treatment system.

(Q)

"Effluent" means the partially treated wastewater discharge from an onsite wastewater treatment system.

(R)

"Emergency repair" is a repair that is intended to immediately remedy a failing onsite wastewater treatment system where wastewater has surfaced and is a threat to health and safety or creates a nuisance as defined in this article.

(S)

"Expansion area" means an undeveloped area designated as a location for an additional dispersal field.

(T)

"Failing onsite wastewater treatment system," is any onsite wastewater treatment system where wastewater is no longer safely treated or discharged and presents a health risk to humans or adversely

impacts the environment, as determined by the administrative authority. Evidence of a failing system includes, but may not be limited to:

(1)

A backup of sewage into a structure which is caused by a septic tank or dispersal area problem other than a plumbing blockage;

(2)

A discharge of sewage or onsite wastewater treatment system effluent to the surface of the ground that creates a health and safety concern, creates a nuisance, or contaminates the waters of the state;

(3)

A septic tank that requires pumping more frequently than once a year in order to provide adequate dispersal of sewage;

(4)

Inability to use the system as intended.

(U)

"Graywater system" means an onsite wastewater treatment system as defined by the California Plumbing Code.

(V)

"Groundwater" is water located below the land surface in the saturated zone of the soil or rock. Groundwater includes perched water tables, shallow water tables, and zones that are seasonally or permanently saturated.

(W)

"Inspection" means checking, observing, testing, and/or evaluating an onsite wastewater treatment system to determine the condition of the onsite wastewater treatment system.

(X)

IAPMO means the International Association of Plumbing and Mechanical Officials.

(Y)

"Inspection port" is a pipe installed directly into a leaching trench, mound system and/or other dispersal field to monitor the performance of the system through visual inspection and collection of samples.

(Z)

"LAMP" is an acronym for a "local agency management program" used for implementation of the Tier 2 standards in the State Water Resources Control Board's Policy for Siting, Design, Operation and

Management of Onsite Wastewater Treatment Systems.

(AA)

"Leach line" is a subsurface soil absorption wastewater dispersal system installed in a trench, usually consisting of a perforated distribution pipe placed over gravel or other media and backfilled with native material.

(BB)

"Limiting conditions" are geological, hydrological or soil conditions that restrict the ability of the soil in a dispersal field to eliminate effluent. Examples of limiting conditions may include but are not limited to: impervious material, bedrock, high groundwater, fractured rock, consolidated rock, and extreme percolation rates (less than one minute per inch or greater than one hundred twenty minutes per inch).

(CC)

"Low pressure distribution" means a wastewater dispersal system of small diameter pipes equally distributing effluent throughout a trench or bed at greater than atmospheric pressure.

(DD)

"Maintenance" means work related to the upkeep of a wastewater treatment system. Examples include, but are not limited to, any installation, repair or replacement of septic tank baffles, risers, tees, ells, tops, access port lids, pumps and blowers.

(EE)

"Modification" means replacement or enlargement of any component of an onsite wastewater treatment system, not defined as maintenance or repair in this article, which results in a change in flow, capacity or design of the system.

(FF)

"NSF" means the National Sanitation Foundation or NSF International, a not-for-profit, non-governmental organization that develops health and safety standards and performs product certification.

(GG)

"Nuisance" is an onsite wastewater treatment system that has created an obnoxious situation such as, but not limited to, unpleasant odors, saturated surface soils or surfacing effluent.

(HH)

"Onsite wastewater treatment system" (OWTS) is a system composed of a septic tank and a dispersal field and related equipment and appurtenances. Onsite wastewater treatment systems are also referred to as septic systems, onsite sewage disposal systems, individual sewage disposal systems or private sewage disposal systems and may include alternative and supplemental treatment systems.

(II)

"Operating permit" is a written authorization to operate an onsite wastewater treatment system issued by the administrative authority.

(JJ)

"Parallel distribution" means a dispersal field in which the onsite wastewater treatment system effluent is distributed simultaneously through a distribution box.

(KK)

"Percolation test" means a subsurface test conducted to measure the absorption rate of water in soil strata. The test is conducted after initial presaturation and is usually expressed as minutes per inch.

(LL)

"Performance test" means a test conducted to determine the absorptive capacity of a seepage pit by measuring the maximum rate of water absorption after initial presaturation usually expressed as gallons per day.

(MM)

"Person" means any individual, firm, partnership, association, corporation, estate, trust, joint venture, receiver, county, or other political subdivision, or any other group or combination acting as a unit.

(NN)

"Primary treatment" means temporary holding of wastewater in a septic tank where heavy solids can settle to the bottom while oil, grease and lighter solids float to the surface.

(OO)

"Qualified contractor" means a contractor holding a license that is current and active from the Contractors State License Board for Plumbing (C-36), Sanitation System (C-42), or General Engineering Contractor (A). A contractor holding a license as a General Building Contractor (B) shall be considered a qualified contractor when constructing, modifying or abandoning an onsite wastewater treatment system as part of a larger construction project involving a new structure or major addition to an existing structure.

(PP)

"Qualified inspector" means a registered environmental health specialist, professional engineer, or qualified contractor or an individual that meets the requirements of the state OWTS policy.

(QQ)

"Qualified professional" means an individual licensed or certified by a State of California agency to design onsite wastewater treatment systems and practice as professionals for other associated reports, as allowed under their license or registration. Depending on the work to be performed and various licensing and registration requirements, this may include an individual who possesses a registered environmental health specialist certificate or is currently licensed as a professional engineer or professional geologist.

(RR)

"Registered pumper" is a firm or person that pumps and/or hauls septage or wastewater from chemical toilets and has been issued a registration by the administrative authority.

(SS)

"Repair" means restoration, replacement, or alteration of any malfunctioning or damaged component of an onsite wastewater treatment system except those defined in this article as maintenance. The alteration of a hollow seepage pit to a rock filled seepage pit for the purposes of this article shall be considered a repair.

(TT)

"Secondary treatment" means wastewater treatment which removes dissolved and suspended biological matter. Secondary treatment is typically performed by indigenous, water-borne micro-organisms in a septic tank or treatment tank.

(UU)

"Seepage pit" means an excavation, typically cylindrical in shape and filled with rock, constructed for the purpose of disposing of sewage effluent from a septic tank or treatment tank.

(VV)

"Septic tank" means a water tight, compartmentalized, covered receptacle designed and constructed to: receive the discharge of sewage; separate the solids from the liquid; digest organic matter; store digested solids for a period of retention; and allow the resultant effluent to discharge from the tank to the dispersal field.

(WW)

"Serial distribution" means the distribution of septic tank effluent by gravity flow that progressively loads one section of a dispersal system to a predetermined level before overflowing to the succeeding section.

(XX)

"Servicing" means inspection pumping and cleaning of a septic tank, dispersal field, or other system components.

(YY)

"Severely constrained lot" is a lot of record that contains limiting conditions that prevent the installation of an onsite wastewater treatment system that conforms to the provisions of this article.

(ZZ)

"Sewage" is any and all waste substance, liquid or solid, associated with human habitation, or which contains or may contain human or animal excreta or excrement, offal or any feculent matter. Industrial wastewater shall not be considered as sewage.

(AAA)

"Shallow drip system" means a treated wastewater dispersal system using filters, flexible tubing, drip emitters and a flushing mechanism to disperse directly to the soil without stone aggregate or chambers.

(BBB)

"Special problems area" is an area designated by the board of supervisors, in chapter 10, article XV, of the Santa Barbara County Code as having severe constraints to development that include, but are not limited to, access, drainage and wastewater disposal.

(CCC)

"Subdrain" is an underground passage for the re-direction of water, typically made by filling a trench with loose stones and/or a perforated pipe and covering with earth. Subdrains are also called curtain drains, rubble drains or French drains.

(DDD)

"Supplemental treatment system" is an onsite wastewater treatment system that utilizes engineered designs and/or technology to treat effluent to reduce one or more constituents of concern in wastewater. It may also be referred to as an advanced treatment system or enhanced treatment system. Examples include, but are not limited to, sand filters, textile filters and aerobic treatment units but do not include composting or incinerating toilets.

(EEE)

"Tertiary treatment" means wastewater that has already undergone primary and secondary treatment and will be disinfected prior to discharge.

(FFF)

"Treatment tank" is a tank other than a septic tank in which wastewater is acted on either by chemical or biological means, to reduce the concentrations of constituents of concern.

(Ord. No. 4909, § 2, 1-6-2015)

(A)

Requirement for Adequate Wastewater Treatment.

(1)

Any structure, regardless of use, that produces wastewater shall have adequate wastewater treatment as required by the California Plumbing Code, as amended and adopted by the County of Santa Barbara in chapter 10, article IV. Wastewater treatment shall either be accomplished by means of an approved onsite wastewater treatment system or connection to a public sewer.

(2)

The minimum daily design flow for residences shall be three hundred-seventy five gallons per day for up to three bedrooms. Each additional bedroom above three shall increase the daily design flow by seventy-five gallons per day.

(3)

Chemical toilets may be used only on a temporary or occasional basis.

(4)

A supplemental treatment system for new or replacement onsite wastewater treatment systems shall be required under any one of the following conditions:

a)

The following shall apply to areas designated by the board of supervisors as a "special problem area" for the use of onsite wastewater treatments systems due to treatment and dispersal constraints:

i)

If the existing onsite wastewater treatment system is found to no longer meet minimum standards to serve a proposed project that requires a land use permit, coastal development permit, or building permit, then a supplemental treatment system shall be installed.

ii)

If the existing onsite wastewater treatment system dispersal field has failed, then a supplemental treatment system shall be installed. Replacement of tanks and repairs not requiring permits do not trigger the requirement for supplemental treatment.

iii)

For projects that require onsite wastewater treatment system modifications, including but not limited to, bedroom additions, intensification of use and major remodels, then supplemental treatment shall be installed. Projects and uses that add development area but not additional flow will not be required to install supplemental treatment.

iv)

If the project is located within the designated special problems area on a parcel with the AG-I, AG-II, RR, 3- E-1, 5-E-1, 10-E-1, or 3.5-EX-1 zone district, and the parcel is equal to or greater than 2.5 gross acres, the project will need to meet minimum state and county standards but will not be required to install supplemental treatment.

b)

Areas identified by the regional water quality control board as having groundwater basins experiencing significant groundwater degradation due to onsite wastewater treatment systems.

c)

When the seepage pit method of wastewater dispersal is used on parcels of five acres or less or where the seepage pit has a maximum absorptive capacity greater than or equal to eight thousand gallons per day or absorptive rates between five hundred and one thousand gallons per day.

d)

On previously developed severely constrained lots where a repair is required but no conforming onsite wastewater treatment system can be constructed.

e)

For the creation of parcels of one to two-and-one-half acres in size irrespective of the type of dispersal field. A notice to property owner shall be recorded with the map indicating that an OWTS utilizing a supplemental treatment system shall be required when development occurs.

(5)

Composting and incinerating toilets may only be utilized with written permission from the administrative authority where site constraints preclude standard wastewater treatment and dispersal or use of supplemental treatment. Composting and incinerating toilets shall conform to the standards of NSF/ANSI Standard 41 and NSF P157 respectively.

(6)

Graywater systems are allowed as per the requirements of the California Plumbing Code.

(7)

For OWTS utilizing parallel distribution for wastewater dispersal, each trench line shall be of equal length to the maximum extent practical. For dispersal systems using serial distribution, trenches shall be maintained at the shallowest depth possible and no deeper than five feet below ground surface. Seepage pits must be connected in a manner that balances the volume of effluent received not to exceed the required application rate.

(B)

Protection of Onsite Wastewater Treatment Systems.

(1)

Onsite wastewater treatment systems shall be located so as to be accessible for servicing, inspection, upgrades, modification and repairs.

(2)

Designated expansion areas shall not be developed in a manner that precludes their availability for the new dispersal field.

(3)

Each onsite wastewater treatment system shall be designed, installed and maintained so as to prevent infiltration and exfiltration.

(4)

If subdrains discharge diverted water to subsurface soils, the minimum upslope separation from any dispersal field shall be twenty feet and the minimum down slope separation shall be fifty feet. If the subdrain is provided for the sole purpose of protecting the integrity of a structure, such as a retaining wall, then the administrative authority may modify the separation requirements provided above.

(C)

Permit Issuance Does Not Allow Continued Violation. The issuance of a permit or approval of plans shall not be deemed or construed to allow a violation of any of the provisions of the Santa Barbara County Code or California State Law. The issuance of a permit or approval of plans shall not prevent the administrative authority from requiring the correction of errors in said permit or approved plans when a condition allowed

in the approval is found to be in violation of the Santa Barbara County Code or California State Law. Continued violation may result in administrative fines assessed to the responsible party pursuant to chapter 24A.

(D)

Prohibitions.

(1)

Discharges from new onsite sewage treatment systems are prohibited if they could result in noncompliance with state and county regulations.

(2)

Hollow seepage pits and any form of cesspool are prohibited. Upon discovery, cesspools shall be properly abandoned and replaced with an onsite wastewater treatment system that meets the requirements of this article. Hollow seepage pits shall be properly abandoned or rock filled.

(3)

Holding tanks are prohibited as a permanent method of sewage disposal unless specifically approved in writing by the building official and environmental health services has been notified.

(4)

Sewage dispersal shall not be permitted in fill material unless it is specifically designed by a registered civil engineer to accommodate the discharge without creating a nuisance or public health hazard as approved by the administrative authority.

(5)

Discharge from an onsite wastewater treatment system that exceeds peak design flow or maximum permitted capacity is prohibited.

(6)

Dispersal fields are prohibited in roadways but may be allowed in designated parking areas only if they are designed to withstand vehicle load ratings and are covered with a permeable surface with prior approval of the administrative authority.

(E)

Industrial Operations.

(1)

Any industrial operation which generates wastewater other than, or in addition to, domestic wastewater shall have separate onsite wastewater treatment systems for the domestic and the industrial wastewater unless a single system is approved by the regional water quality control board. Separate applications, plans and specifications must be submitted for each system.

(2)

Industrial wastewater may be subject to regulation by the regional water quality control board.

(F)

Inspections.

(1)

Inspections shall be scheduled with the administrative authority a minimum of two working days in advance of the time requested. Inspections are required prior to final covering of any components of the system.

(2)

A qualified professional shall conduct periodic inspections of onsite wastewater treatment systems after excavation and prior to the placement of any rock or fill material. Prior to final approval, a signed report shall be submitted to the administrative authority confirming that the OWTS installation has been completed in accordance with the approved design. This does not preclude the normal inspection process associated with any building permit.

(3)

When the system is installed outside the permitted/approved area, additional testing will be required, or approved by the qualified professional that designed the OWTS. The previously approved plans shall be revised to reflect the new location or design change.

(G)

Permit Suspension and Revocation.

(1)

The administrative authority may suspend or revoke a permit whenever it is determined that the permittee has violated any provisions of this article; has misrepresented any material fact in the permit application or supporting documents for such permit; and/or performed any work under the permit that has resulted in a nuisance.

(2)

No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted until, in the case of a suspension, the permit has been reinstated by the administrative authority. The permit shall not be reinstated until the violation causing the suspension has been abated.

(3)

Upon suspension or revocation of any permit, if any work already done by the permittee has left an onsite wastewater treatment system in such a condition as to constitute an emergency, the administrative authority may order the permittee to perform any work reasonably necessary to protect the health and safety of the public. No permittee or person who has held any permit issued pursuant to this article shall fail to comply with any such order.

(H)

Professional Qualifications, Signatures and Stamps.

(1)

An onsite wastewater treatment system shall be designed by a qualified professional as defined by this article.

(2)

In order to construct, modify, repair, abandon or replace any onsite wastewater treatment system, a person must be a qualified contractor as defined by this article. However, a property owner may construct, repair or modify a system on his/her own property provided the owner complies with all the provisions of this article.

(3)

A qualified inspector, qualified contractor or professional engineer shall perform inspection, maintenance and servicing required by this article.

(4)

Prior to approval by the administrative authority, percolation and performance test reports and final onsite wastewater treatment system plans, shall have an original signature and stamp of the professional engineer or the registered geotechnical engineer who performed the tests, wrote the reports and designed the onsite sewage treatment system.

(Ord. No. 4909, § 2, 1-6-2015)

No person shall construct, reconstruct, repair, modify, destroy or abandon any onsite wastewater treatment system or graywater system, or any portion thereof, without having first obtained a permit from the administrative authority. It shall be unlawful for any person to cover, abandon, destroy, modify, repair, conceal, or put into use an onsite wastewater treatment system or graywater system, or any portion thereof, without having first obtained a permit and final approval from the administrative authority.

Alternative systems and systems with supplemental treatment require an operating permit in conformance with section 18C-5(I) of this Code which shall be issued by the administrative authority prior to the final approval of the construction of the system.

(A)

Applications.

(1)

An onsite wastewater treatment system permit application shall be submitted on a form approved by the administrative authority for new construction, repair, abandonment or modification of an onsite wastewater treatment system, alternative system or graywater system. The application shall be accompanied by plans and specifications submitted in a format prescribed by the administrative authority. The approved application shall be deemed a permit to construct and may contain conditions that apply to the construction, operation and maintenance of the system. The permit conditions shall be binding upon the property owner and successive property owners for the life of the system.

(2)

When an evaluation of an existing onsite wastewater treatment system is required, an application shall be completed and submitted to the administrative authority.

(B)

Fees.

(1)

Submission of an application shall be accompanied by payment of all appropriate fees. The board of supervisors may, by resolution, adopt such fees as are allowed under § 101325 of the California Health and Safety Code and may prescribe such terms and conditions as may be necessary to enable the County of Santa Barbara to recover the reasonable and necessary costs incurred by the county in administering this article.

(2)

The board of supervisors shall determine fees for operating permits.

(C)

Expiration. Construction permits shall expire by limitation and become null and void if the work authorized is not commenced within one year from the date of issuance of the permit. If the work authorized by such permit is started and then suspended or abandoned for a period of one year or longer, the work shall not be recommenced until a new permit is obtained. Upon written request from the applicant the administrative authority may renew the permit for a maximum of one year beyond the initial expiration date if the plans, specifications, and site conditions have not changed for a maximum of two renewals. The renewal request must be received by the administrative authority prior to the expiration of the previously approved permit. When such renewal is authorized the work must comply with current requirements. Upon the expiration of a permit no further work shall be performed unless a new permit is issued.

(D)

Exemption for Routine Maintenance and Servicing. Onsite wastewater treatment system maintenance and servicing, as defined in this article, may be performed by a qualified contractor without a permit as long as a written report of work performed is submitted to the administrative authority and such work complies with all codes, regulations and procedures applicable in Santa Barbara County at the time the maintenance is performed. The written report shall be submitted on a form approved by the administrative authority within thirty days of completion of the maintenance. If the report is not received by the administrative authority within thirty days of the completion of the maintenance or servicing the qualified contractor may be subject to administrative fines.

(E)

Transfers. An onsite wastewater treatment system operation, construction, modification, repair, abandonment or evaluation permit is not transferable. If there is a sale or transfer of a property upon which a permit has been issued and the work authorized in the permit has not been completed the new property owner must submit a new application.

(F)

Zoning Clearance. A land use permit or a coastal development permit shall be issued by the Santa Barbara County Planning and Development Department for any new structure utilizing an onsite wastewater treatment system prior to the issuance of a permit to construct the onsite wastewater treatment system.

(G)

Administrative Fines and Penalties. Any person who commences work on an onsite sewage treatment system for which a permit is required, without first having obtained a permit, shall be required to obtain a permit and pay double the permit application fee established by the board of supervisors and may be subject to administrative fines as provided in chapter 24A of the Santa Barbara County Code.

(H)

Suspension and Revocation.

(1)

The administrative authority may suspend or revoke any permit to construct, repair, modify, or abandon an onsite sewage treatment system, or any component of the system, issued pursuant to this article, whenever the permittee has violated any provisions of this article, misrepresented any material fact in the permit application or supporting documents for such permit, and/or performed any work that was not authorized under the permit or has created a nuisance.

(2)

Any permittee whose permit has been suspended or revoked shall discontinue work for which the permit was granted until such permit has been reinstated or reissued.

(3)

If the work halted by the suspension or revocation of a permit, has left an onsite wastewater treatment system in a condition that constitutes a safety hazard, a nuisance or threatens public health, the administrative authority may order the permittee to perform any work reasonably necessary to protect public health and safety or mitigate the nuisance as allowed by section 18-3 of the County Code. If the permittee fails to mitigate the hazard or nuisance, the administrative authority may have the construction completed at the expense of the permit holder through the administrative fines process noted in chapter 24A of the Santa Barbara County Code.

(I)

Right to a Hearing. Any person, whose application for a permit has been denied, suspended, or revoked, may submit a request for an office hearing to appeal the denial, suspension, or revocation, to the administrative authority. The request must be submitted in writing within fifteen working days after receiving notification of the permit denial, suspension, or revocation. The request must specify the grounds upon which the appeal is submitted and should contain documentation that substantiates the reason for the appeal. The administrative authority shall set an office hearing for such appeal within fifteen working days of receipt of the request and shall notify the appellant in writing, of the time and place of the hearing at least five days prior to the date of the hearing. The environmental health services director, or his designee, acting as the hearing officer shall notify the appellant of his/her decision in writing within ten working days after the hearing is concluded.

(Ord. No. 4909, § 2, 1-6-2015)

The following requirements shall be met to ensure that all new onsite wastewater treatment systems are installed at locations that have been adequately evaluated and that methods used to conduct those evaluations meet specified minimum standards.

(A)

General Site Evaluation.

(1)

The administrative authority shall require the submission of all information necessary to thoroughly evaluate the suitability of a site for wastewater treatment and dispersal and to asses any limiting conditions. At a minimum, the site evaluation information shall include but is not limited to:

a)

The administrative authority may require a geologic report, prepared by a certified engineering geologist, describing any soil or bedrock formations encountered and addressing slope stability when the proposed dispersal field is located on a slope greater than thirty percent.

b)

The minimum separation from the bottom of the dispersal field to groundwater shall be confirmed by soil borings pursuant to section 18C-5(B) and section 18C-5(C) of this article. Where fluctuations in groundwater levels may impact the dispersal field, the highest recorded depth shall be utilized.

c)

Minimum site requirements shall be those provided in the California Plumbing Code as amended and adopted by the county and/or the OWTS policy, whichever are more stringent.

(B)

Soil Evaluation for Leach Lines and Seepage Pits.

(1)

Leach Lines:

a)

At least one deep soil boring or trench shall be required within the primary dispersal area and expansion area. Deep borings or trenches shall be a minimum of ten feet beneath the proposed maximum depth of the dispersal field.

b)

When using percolation tests to determine site suitability, not less than three percolation tests shall be conducted in the primary dispersal field and expansion areas. Percolation tests shall be completed with adequate separation to characterize the primary dispersal field and the expansion area. The tests shall be performed at a depth corresponding to the bottom of the subsurface dispersal field.

c)

Percolation tests shall be valid for five years after completion. A professional engineer or soils engineer may recertify the tests for an additional term of five years. After ten years, the original percolation tests are no longer valid and must be repeated.

(2)

Seepage Pits:

a)

Maximum absorptive capacity of each seepage pit shall be determined using a slug test such as a constant head type test after initial presaturation. Only the sidewall may be used for the purpose of calculating the absorption area using the following criteria:

b)

Seepage pit testing shall be valid for five years. A qualified professional may recertify the test once for an additional term of five years.

(3)

Seepage pits may be utilized only if limiting conditions make leach lines infeasible, as determined by a qualified professional or registered geotechnical engineer with the concurrence of the administrative

authority. A determination of leach line infeasibility must be provided and shall include a written statement that has been signed and stamped by the qualified professional or registered geotechnical engineer that specifies the unfavorable conditions, which render effluent dispersal using leach lines infeasible. A determination of leach line infeasibility shall be based on poor absorptive capacity or a lack of separation to a required setback. The encroachment of proposed accessory structures on otherwise suitable dispersal areas shall not be used to determine infeasibility for purposes of this article.

(4)

Leach beds may be installed only if leaching trenches are not feasible, as determined by a qualified professional or registered geotechnical engineer with concurrence from the administrative authority. A determination of leach line infeasibility must be provided and shall include a certified written statement by the qualified professional or registered geotechnical engineer, which specifies the unfavorable conditions that render leach lines infeasible.

(5)

Alternative systems may be utilized only if limiting conditions make leach lines infeasible, as determined by a qualified professional or registered geotechnical engineer with the concurrence of the administrative authority. A determination of leach line infeasibility must be provided and shall include a written statement that has been signed and stamped by the qualified professional or registered geotechnical engineer that specifies the unfavorable conditions, which render effluent dispersal using leach lines infeasible.

(C)

Wet Weather Borings.

(1)

Wet weather borings may be required by the administrative authority when available information indicates that variations in groundwater levels occur that may result in a failure to maintain the minimum separation required between the bottom of the dispersal field and groundwater. Wet weather borings may also be required when there is reasonable cause to believe that groundwater is less than sixty feet below the natural ground surface for seepage pits and twenty feet for leach lines and such information is required to confirm adequate separation to groundwater during wet seasons.

(2)

Additional requirements for wet weather borings:

a)

The depth to groundwater shall be measured from the first encounter of water in the boring. A subsequent measurement shall be made within three days to determine if the water level is static or dynamic.

b)

The boring shall be performed after seventy-five percent of the average annual rainfall has occurred as determined by the county water agency.

c)

In the event of a drought or the project is constructed in the dry times of the year, the administrative authority may accept additional hydrologic or geologic information provided by a professional engineer experienced in soil mechanics, a registered geotechnical engineer, a professional geologist, a certified engineering geologist, or a certified hydrogeologist that estimates the highest anticipated elevation of groundwater based on soil or historic data.

(D)

Tank Requirements.

(1)

Septic tanks and treatment tanks must be watertight. Water tightness shall be ensured prior to backfilling the excavation around the tank.

(2)

Septic tanks and treatment tanks shall be constructed of reinforced concrete, fiberglass, or other durable, corrosion resistant, synthetic material and shall conform to IAPMO, NSF or ASTM standards or similar criteria.

(3)

Septic tanks and treatment tanks installed beneath surfaces subject to vehicular traffic (e.g., driveways and vehicle turnarounds) shall be traffic rated or engineered to support the additional load. Septic tanks and treatment tanks placed in areas subject to vehicular traffic shall be provided with lids or risers that are rated for traffic loading.

(4)

Septic tanks shall have a minimum capacity of three times the peak daily flow.

(5)

All septic tanks for new systems and replacement tanks for existing systems shall be equipped with an effluent filter that is an American National Standards Institute (ANSI) listed. The filter must be accessible for cleaning, replacement and maintenance.

(6)

Septic tanks and treatment tanks shall be installed by a qualified contractor according to the manufacturer's specifications. Earth cover over the tank shall be clean fill material, free of debris and rock.

(7)

Septic tanks shall have a minimum of two compartments with access to each compartment and a lid with a minimum of twenty inches in diameter for each compartment. Access lids shall have a maximum separation of ten feet. Treatment tanks may consist of a single tank if required by the manufacturer of the approved supplemental treatment system.

(8)

Septic tanks and treatment tanks shall be installed so as to be accessible for servicing, inspection, maintenance, upgrades or replacement.

(9)

Septic tanks shall be installed with the top of the tank no deeper than twelve inches below finish grade. If it is demonstrated that the top of a septic tank must be deeper than twelve inches below grade, each compartment of a septic tank shall be provided with a watertight riser, capable of withstanding anticipated structural loads and extending to within twelve inches of finish grade. Septic tanks and treatment tanks shall be installed as shallow as practical and in no case at a depth greater than factory recommendations.

(10)

The qualified professional responsible for the approved design shall provide written certification that the installation has been completed per the approved plans.

(11)

Risers shall be installed within twelve inches of grade to enhance access for maintenance.

(12)

Distribution boxes, drop boxes, pump chambers and stilling chambers shall be watertight and commercially manufactured with corrosion resistant materials.

(13)

When necessary to extend septic tank risers to finish grade, access lids shall be gas-tight, securely fastened with stainless steel or other corrosion resistant fasteners and be resistant to vandals, tampering, and access by children.

(14)

Surface water shall be diverted away from the riser cover or septic tank lid by providing a sloping surface away from the riser, or extending the riser at least six inches above grade.

(E)

Dual Dispersal Area Requirements for Onsite Wastewater Treatment Systems.

(1)

For new onsite wastewater treatment systems serving commercial projects installation of dual dispersal fields connected with a diverter valve is required. A third area of adequate size shall be set aside for future expansion of the onsite wastewater treatment system.

(2)

Residential OWTS shall have dual fields installed with a one hundred percent set aside if the project is located on a parcel equal to or less than 2.5 gross acres. If the project is located within the AG-I, AG-II, RR, 3-E-1, 5-E-1,10-E-1, or 3.5-EX-1 zone district, and on a parcel equal to or greater than 2.5 gross acres the OWTS will need to meet minimum state and county standards but will not be required to install dual fields. The administrative authority may require that dual fields be installed and have a one hundred percent expansion area set aside if the dispersal field area is found to be severely constrained irrespective of parcel size or zoning designation.

(F)

Seepage Pit Construction.

(1)

Seepage pits shall be cylindrical in shape with a diameter of not less than four feet or more than six feet. Construction of a seepage pit with a diameter less than four feet or greater than six feet may be permitted with written approval of the administrative authority.

(2)

Seepage pits shall have a centrally located four-inch diameter perforated pipe which extends from the inlet to the bottom of the pit and the space around the pipe shall be filled with washed gravel which may vary in size from three-fourths-inch to two and one-half inches. A smaller gravel size may be used if the design engineer can provide justification for its use and written approval is obtained from the administrative authority. When necessary to meet minimum slope setback requirements, the upper portion of the central pipe shall be unperforated.

(3)

Rock fill in seepage pits shall be covered with building paper or equivalent, and backfilled with a minimum of eighteen inches of clean earth cover, free of debris and rock.

(4)

Seepage pits shall have an effective dispersal depth of at least ten feet. Effective dispersal depth is defined as total depth minus the distance below the grade to the uppermost dispersal pipe perforation.

(5)

The maximum depth of a seepage pit shall be sixty feet, unless the administrative authority provides written approval for a greater depth.

(6)

Multiple seepage pit installations shall receive septic tank effluent via an approved distribution method.

(G)

Leach Line Construction.

(1)

Four square feet of absorption area per lineal foot of trench shall be the maximum allowable absorption area for systems without supplemental treatment. Seven square feet per lineal foot of trench may be allowed for systems using supplemental treatment and the dispersal fields are constructed using pipe and rock.

(2)

Application rates shall be in conformity with Table 3 in State Water Resources Control Board OWTS Policy.

(3)

Inspection ports shall be installed at the end of each trench and at other locations if required by the administrative authority. Inspection ports shall extend to the bottom of the trench or bed and must be anchored to prevent disturbance or removal. The portion of the inspection port within the rock filter material shall be perforated to permit the free flow of liquid. The inspection ports shall have removable caps and may either extend above grade or set to grade if enclosed in a service box with removable lid. The boxes shall be made of non-degradable material such as PVC, fiberglass or concrete.

(H)

Low Pressure Distribution.

(1)

When required by site conditions, onsite wastewater treatment system effluent may be distributed to a dispersal field under pressure. Dispersal utilizing pressure distribution shall meet the following requirements:

a)

Pressure distribution systems shall be fully engineered. A qualified professional shall submit a stamped and signed letter to the administrative authority stating that the pressure distribution system has been constructed per the previously submitted plans.

b)

The pump chamber shall include a visual and audible high water alarm.

c)

Emergency storage capacity shall be required equal to six hours of peak flow or three hundred seventy-five gallons whichever is greater.

d)

The dispersal field shall be dosed in compliance with design requirements.

e)

The distribution network shall be accessible for inspection, testing, flushing and adjustment.

(I)

Shallow Drip Systems.

(1)

Shallow drip systems shall conform to the following requirements:

a)

Drip lines shall be installed in native soil. The minimum depth to a limiting soil condition shall be in conformity with state standards.

b)

Up to twelve inches of fill may be placed above the drip line to satisfy minimum soil cover requirements. The soil cover may be reduced to six inches when the wastewater has been treated to a tertiary level.

c)

Measures shall be taken to avoid collection or ponding of rainfall or runoff in the dispersal field area. Soil erosion in the drip field shall be minimized.

d)

All subsurface drip system dispersal fields shall be preceded by a supplemental treatment system that meets the requirements of section 18C-5(K) of this article.

e)

Drip lines shall be installed as level as possible and parallel to elevation contours.

f)

Drip field design shall be fully engineered and in accordance with manufacturer recommendations. Within thirty days of the completion of the construction of the subsurface drip irrigation system, a qualified professional shall submit a stamped and signed letter to the administrative authority stating that the system was installed per the previously approved plans.

(J)

Alternative Wastewater Treatment Systems.

(1)

Onsite wastewater treatment systems utilizing an alternative dispersal field that may be approved for installation include mound, evapotranspiration and at-grade systems. The administrative authority may approve other types of systems.

(2)

The administrative authority may adopt design standards for alternative systems after consultation with the regional water quality control board.

(3)

Alternative dispersal fields shall be engineered in conformance with the Guidelines for Evapotranspiration Systems published by the State Water Resources Control Board. Upon completion of the installation and prior to final approval, a qualified professional shall submit a stamped and signed letter to the

administrative authority stating that the alternative dispersal field has been constructed per the previously approved plans.

(4)

Operation, maintenance and monitoring specifications shall be provided for review and approval for any alternative dispersal system

(5)

A notice of the installation of an alternative onsite sewage dispersal field shall be recorded with the Santa Barbara County Clerk-Recorder's office. Said notice shall run with the land and serve as constructive notice to any future owner, heirs, executors, administrators or successors that the onsite wastewater treatment system serving the subject property has an alternative dispersal field for wastewater dispersal and is subject to an operating permit, regular monitoring, maintenance and reporting requirements.

(6)

The property owner shall ensure that a qualified inspector, acceptable to the administrative authority, conducts a visual and operational inspection of the system once every year to ensure that the system is functioning properly.

(7)

The property owner shall submit a report a minimum of once a year, prepared by a qualified contractor or qualified professional in a form prescribed by the administrative authority. The report shall include the results of any inspections, a check of the high water alarm, and any other requirements specified by the administrative authority. Reports shall be submitted within thirty days of the completion of the inspection.

(K)

Supplemental Treatment Systems.

(1)

The administrative authority shall review and approve the method of supplemental treatment proposed prior to construction. Treatment systems and their components shall be tested and certified by an independent testing agency, such as IAPMO, ANSI or NSF or similar, and shall be tested for the removal of total suspended solids, bio-chemical oxygen demand (BOD) and total nitrogen.

(2)

A notice of the installation of a supplemental treatment system shall be recorded with the Santa Barbara County Clerk-Recorder office. Said notice shall run with the land and serve as constructive notice to any future owner, heirs, executors, administrators or successors that the onsite wastewater treatment system serving the subject property has supplemental treatment and is subject to an operating permit with monitoring, reporting and maintenance requirements.

(3)

A maintenance contract between the property owner and the supplier of the supplemental treatment system or their representative shall be in force for the supplemental treatment unit and dispersal field prior to installation. The maintenance agreement shall be in force for the life of the supplemental treatment system.

(L)

Operating Permits.

(1)

An operating permit issued by the administrative authority is required for the operation of alternative and supplemental treatment systems. All onsite wastewater treatment systems requiring operating permits shall be operated, maintained and monitored pursuant to the requirements of this article and the permit. The operating permit shall be renewed every five years following the review of satisfactory annual reports submitted to the administrative authority. The administrative authority may suspend or revoke an operating permit for failure to comply with any monitoring, maintenance or other requirements of the permit. If a permit is suspended or revoked, operation of the system shall cease until the suspension or revocation is lifted or a new permit issued. Continued use of an OWTS where the operating permit has expired or has been suspended may cause the responsible party be subject to administrative fines as provided in chapter 24A of the Santa Barbara County Code.

(2)

Operation, maintenance and monitoring specifications shall be provided for review and approval for any supplemental treatment.

(3)

The property owner shall ensure that a qualified contractor, qualified professional, registered environmental health specialist or manufacturer's representative conducts a visual and operational inspection of the system at the frequency specified by the manufacturer or a minimum of once per year to determine if the system is functioning properly.

(4)

The property owner shall submit a report for every inspection or a minimum of once a year, within thirty days of inspection, prepared by a qualified contractor, qualified professional, registered environmental health specialist or manufacturer's representative in a form prescribed by the administrative authority. The report shall include the inspection results, analysis of the wastewater from the inspection ports for total suspended solids, biochemical oxygen demand and nitrogen series, and any other requirements specified by the administrative authority.

(Ord. No. 4909, § 2, 1-6-2015)

(A)

Failed Onsite Wastewater Treatment Systems.

(1)

A qualified contractor as defined in this article shall perform all repairs. An owner-builder may perform the work in lieu of the qualified contractor but all repairs shall meet the provisions of this article.

(2)

Upon failure of an onsite wastewater treatment system, the system shall be repaired and shall conform to the provisions of this article. Failures in which there is surfacing of effluent shall be repaired immediately.

(3)

If the onsite wastewater treatment system to be repaired was constructed under a valid permit and the approved expansion area is known, then the replacement dispersal field shall be of equal or larger size. The permittee shall verify the size, type and location of the existing dispersal field. This information shall be submitted to the administrative authority as part of the repair application.

(4)

If the replacement dispersal field was previously approved, an adjacent "like for like" or larger dispersal field shall be installed under permit and inspection of the administrative authority.

(5)

Onsite wastewater treatment systems that have failed and for which a replacement dispersal field that cannot meet current standards, shall meet the requirements of section 18C-5(K) of this article.

(6)

Onsite wastewater treatment systems that have failed and were not constructed under a valid permit or were legal nonconforming, shall be replaced with a system that meets all the requirements of this article for a new onsite wastewater treatment system to the maximum extent feasible.

(7)

Unless specifically required by the administrative authority, a statement of infeasibility of leach lines is not required for a new seepage pit that conforms to the standards of this article, and is constructed to replace an existing seepage pit.

(8)

It is the intent of this code that when a dispersal field is repaired, a dual field consisting of two new dispersal fields be installed. However, if the existing dispersal field is serviceable and does not create a nuisance or a health and safety hazard, it may be utilized as one of the dual fields with concurrence from the administrative authority.

(B)

Upgrades.

(1)

Upon discovery, all existing hollow seepage pits shall be properly abandoned or repaired, to conform to the construction standards for seepage pits included in this article. Abandonment or repair shall be completed under permit and inspection within thirty days of discovery. However, an application to abandon an existing seepage pit must meet the provisions specified in section 18C-6(E)(2) of this article.

(2)

Upon discovery, all cesspools and bottomless septic tanks or otherwise non-watertight tanks shall be properly abandoned and replaced with a septic tank that conforms to the provisions of this article.

(3)

Cesspools or onsite wastewater treatment systems without adequate dispersal fields shall install a dispersal field approved by the administrative authority.

(4)

Upon discovery, septic tanks made of wood, metal or brick tanks with cracked or missing mortar, must be replaced with a septic tank that meets the requirements specified in section 18C-5(D) of this article.

(5)

Replacement septic tanks and treatment tanks shall meet the standards noted in section 18C-5(D) of this article.

(6)

Septic tanks and treatment tanks and all components must be constructed to provide adequate access so that all compartments can be inspected and pumped.

(7)

Septic or treatment tanks constructed of concrete shall be replaced or structurally modified when the narrowest section of the lid or wall is found to have a remaining thickness of two and one-half inches or less at its narrowest point or if the remaining concrete is less than half the original thickness. Risers shall be removed and reinstalled after the tank top is repaired.

(8)

Septic tanks shall be replaced or repaired when the height of the baffle between compartments is equal to the water depth within the tank or when the baffle between compartments deteriorates to the point where it no longer provides compartment separation as designed.

(9)

Any septic tank or treatment tank, which has more than two feet of cover and is uncovered for purposes of servicing, repair or modification shall be retrofitted with risers that have a minimum inside diameter of twenty inches and manhole covers as specified in this article.

(10)

If the septic tank or treatment tank is located at greater than five feet beneath ground surface, then the riser shall be a minimum of thirty inches in diameter. Risers must be installed to allow for the measurement of the thickness of the tank top.

(11)

Septic tanks or treatment tanks that are found to be located within the required setback distance from a structure shall be evaluated for adequate access. If it is determined that the septic tank or treatment tank is inaccessible, they shall be relocated to provide the required setback.

(12)

Missing, deteriorated or damaged components, including but not limited to, tees, ells, risers, and lids, must be repaired or replaced.

(13)

Single compartment septic tanks requiring repair or modification must be replaced, with a tank that meets the requirements of section 18C-5(B) of this article.

(14)

Fiberglass or plastic tanks which have warped, collapsed, deflected or have a damaged baffle, shall be replaced.

(C)

Onsite Wastewater Treatment System Evaluation. An OWTS evaluation permit is required for projects that remodel the interior of a structure, changes the footprint of the structure or changes the use of a structure. An evaluation can only be approved when it is determined by the administrative authority that the proposed improvements or change in use will not encroach into required setbacks or the one hundred percent expansion area and the existing system will accommodate the proposed changes.

(D)

Modification.

(1)

Modification of an existing onsite wastewater treatment system shall be required by the administrative authority when:

a)

Improvements to a property intrude upon the physical location of the system or the expansion area;

b)

The existing septic system does not meet required setbacks;

c)

The septic tank or treatment tank does not meet the minimum capacity requirements contained in this article;

d)

The dispersal area including the one hundred percent expansion area is not adequately sized or functioning properly;

e)

A project increases flow to the dispersal field.

(2)

The modification permit approval shall be based on field testing, engineering calculations and other information deemed necessary by the administrative authority in order to determine the adequacy of the dispersal project.

(3)

Modifications that require replacement or expansion of the dispersal field shall meet the requirements for a new system to the maximum extent feasible.

(4)

A modification permit is required when the proposed construction or change in use:

a)

Adds a bedroom as defined in this chapter to a residential structure;

b)

Increases peak daily design flow or the number of plumbing fixture units to a non-residential structure.

(5)

A modification shall not be required if adequate information, as determined by the administrative authority, is provided to confirm that the existing system meets current requirements for the proposed project.

(E)

General Abandonment Standards.

(1)

An existing onsite wastewater treatment system, or portion thereof, shall be properly abandoned under permit and inspection by the administrative authority within thirty days of the occurrence of any of the following:

a)

The discovery of a hollow seepage pit not modified to meet the criteria for seepage pits, as provided in this article;

b)

Connection of the served structure(s) to the public sewer;

c)

Removal or demolition of the served structure(s), unless the owner demonstrates his/her intent to use the system to serve a replacement structure and demonstrates to the satisfaction of the administrative authority that the system can be maintained in a safe and secure manner until completion of the replacement structure.

(2)

Prior to abandonment of any onsite wastewater treatment system or portion thereof, the property owner shall identify the replacement method of sewage treatment and dispersal or specifically identify the structure(s) to be demolished.

(3)

The abandonment of the OWTS shall not occur prior to obtaining the required permit from the administrative authority.

(4)

During abandonment of an onsite wastewater treatment system, the property owner shall provide evidence of the type of sewage dispersal field present on the property.

(5)

All sewage plumbing lines leading to and from the septic tank shall be removed or capped with watertight fittings.

(6)

Abandonment standards for septic tanks, treatment tanks, cesspools and seepage pits are as follows:

a)

Prior to abandonment, a registered septic tank pumper shall pump the septic tank, treatment tank, cesspool or hollow seepage pit to remove any standing wastewater;

b)

The top of the septic tank, treatment tank, cesspool or hollow seepage pit shall be removed;

c)

The bottom of the tank shall be cracked or perforated, or at least one wall of the tank shall be removed, prior to inspection;

d)

The tank, cesspool or hollow seepage pit shall be filled with clean earth, sand, gravel, concrete or other material approved by the administrative authority. In the event the abandoned septic tank is filled with concrete or cement slurry, perforation of the bottom or removal of a wall shall not be required;

e)

The building official shall be consulted regarding the abandonment of a septic tank, treatment tank or hollow seepage pit located within the setback distance of a structure.

(7)

Abandonment standards for dispersal fields are as follows:

a)

Seepage pits shall be excavated to a minimum depth of two feet below grade and the inspection/vent pipe cut a minimum of eighteen inches below grade. The perforated pipe and the excavation shall be backfilled with clean earth or other fill material approved by the administrative authority.

b)

Gravel-filled leach lines may be abandoned in place without structural modification. Leach lines utilizing hollow chambers shall have the chambers removed and the trench backfilled with clean fill, or be evaluated by a qualified professional or geotechnical engineer, with the concurrence of the administrative authority, if the chambers are to be abandoned in place.

(Ord. No. 4909, § 2, 1-6-2015)

(A)

Servicing and Pumping.

(1)

Any individual who inspects onsite wastewater treatment systems shall be a qualified inspector as defined by this article. Inspections shall include a visual evaluation of the system to detect any deficiencies and a review of any documents in the files of the qualified inspector to identify previous inspections, servicing, or work performed on the system.

(2)

Whenever an onsite wastewater treatment system is serviced, the qualified inspector shall inspect the system in accordance with procedures adopted by the administrative authority. Such procedures shall include, but not be limited to:

a)

A registered pumper shall pump the contents of all compartments of the septic tank;

b)

The septic tank or treatment tank shall be inspected for signs of deterioration, corrosion, elevated liquid level or damage and the dispersal field examined for failure;

c)

Ascertain the existence of a hollow seepage pit or cesspool if the structure is served by a substandard septic tank (e.g. made of wood, steel or bottomless);

d)

The onsite wastewater treatment system inspection report shall be fully completed, legible and submitted to the administrative authority and in conformity with section 18C-7(B) of this article.

(B)

Reporting.

(1)

A report on forms or in a manner approved by the administrative authority shall be submitted by qualified inspectors to the administrative authority and the property owner no later than thirty days following inspection, servicing or maintenance of an onsite sewage treatment system. If an inspection has determined that an onsite wastewater treatment system has failed, as defined in this article, the written report shall be provided within twenty-four hours of servicing or maintenance. The report shall include:

a)

The name, address and telephone number of the property owner as well as the street address of the property on which the onsite wastewater treatment system is located.

b)

The name, address and telephone number of the company that provided the service and conducted the inspection.

c)

A description of the system including the type and size of the septic tank, treatment tank, other system components as well as the type and location of the dispersal field.

d)

A description of the maintenance performed including the date of the service, the volume of material pumped from the septic and or treatment tank(s), an assessment of the condition of the tank(s) and other system components and a description of any repairs, modifications or upgrades provided.

e)

A description of any uncorrected deficiencies in the onsite wastewater treatment system. Reported deficiencies shall include, but not be limited to, damaged, corroded deteriorated septic system components, failed dispersal field, backflow of effluent from the dispersal field back into the septic tank or treatment tank, lack of access risers or other upgrades required by this article, or other condition determined to be a significant deficiency or not in compliance with the provisions of this article.

(C)

Property Owner Notification.

(1)

Upon receiving an inspection report identifying an uncorrected deficiency or required maintenance, repair or upgrade of an onsite wastewater treatment system, the administrative authority shall notify the property owner in writing of the corrections required to comply with the applicable standards in this article.

(2)

All corrective actions necessary to comply with the standards of this article shall be completed within thirty days of the date that a notification has been sent, unless otherwise directed by the administrative authority.

(D)

Registered Pumper Requirements.

(1)

Septage haulers shall register with the administrative authority.

(2)

Septage haulers shall have vehicles that meet the following minimum standards, which shall be verified at the administrative authorities request:

a)

The pumper vehicle, its holding tank(s) and all related appurtenances shall be watertight, functional and maintained in good operating condition;

b)

Each pumper vehicle shall be identified with the business name and phone number with letters and numbers of at least three inches in height;

c)

Holding tanks shall be constructed of durable, corrosion resistant material and shall meet the following criteria:

i)

All hoses and related equipment shall be stored in covered containers or otherwise secured to the vehicle or holding tank;

ii)

Man-ways and cleanouts shall be covered with secured, tight fitting lids;

d)

Appropriate safety equipment is to be provided and shall include, but not limited to, a fire extinguisher, heavy-duty rubber gloves, bleach, disinfectant and eye protection;

e)

The current registration decal shall be posted in the rear of the vehicle in a conspicuous location.

(3)

The administrative authority may suspend or revoke a septage hauler's registration issued pursuant to this article and California Health & Safety Code Section 117445 whenever it finds that the registrant or its employees performing the work has done any of the following:

a)

Violated any provision of this article;

b)

Misrepresented any material facts in the application or supporting documents for such a registration;

c)

Misrepresented facts in reports or failed to submit reports to the administrative authority as required by this article.

(4)

No hauler whose registration has been suspended or revoked shall continue to perform the work for which the registration was granted until such time that the administrative authority reinstates the registration.

(5)

Any hauler whose registration has been suspended or revoked may appeal the denial or suspension to the environmental health services director or the appointed representative in writing within ten working days

after notification of the imposition of suspension or revocation. Such an appeal must specify the grounds upon which it is taken. The administrative authority shall set the appeal hearing at the earliest practicable time and shall notify the appellant, in writing of the established date and time at least ten days prior to the hearing date.

(Ord. No. 4909, § 2, 1-6-2015)

(A)

Violations.

(1)

In the event of a violation of the provisions of this article, the property owner of the parcel where the violation exists shall be given notice of such violation and a reasonable time for its correction. In the event that all required corrections are not completed in the time noted on the notice of violation, the property owner shall be subject to administrative fines as provided in chapter 24A of the Santa Barbara County Code.

(2)

If the administrative authority performs an inspection after notice of violation has been given and the violation has not been corrected, the property owner shall be subject to a violation reinspection fee at a rate approved by the board of supervisors.

(B)

Conflicting Provisions.

(1)

If any of the provisions of this article conflict with any of the provisions of other codes adopted by the County of Santa Barbara, the provisions of this code shall control unless expressly stated to the contrary.

(2)

If any part of this article or its application is deemed invalid by a court of competent jurisdiction, the board of supervisors intend that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this article are severable.

(Ord. No. 4909, § 2, 1-6-2015)

(A)

Whenever it is necessary to make an inspection to enforce any of the provisions or perform any duty imposed by this article or by the county codes adopted by reference hereby or other applicable law, the

administrative authority is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the administrative authority by this article or other applicable law, provided that if such property be occupied, the administrative authority shall first present proper credentials to the occupant and request entry, explaining the reasons therefore. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the administrative authority shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

(B)

Notwithstanding subsection (a) of this section, if the administrative authority has reasonable cause to believe that the onsite sewage dispersal system or premises is so unsafe, offensive, or dangerous as to require immediate inspection to safeguard the public health or safety, the administrative authority shall have the right to immediately enter and inspect such property and use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the administrative authority shall first present proper credentials to the occupant and demand entry, explaining the reasons therefore and the purpose of the inspection.

(Ord. No. 4909, § 2, 1-6-2015)

(A)

Any violation of the provisions of this article by any person is subject to administrative fines as provided in chapter 24A of the Santa Barbara County Code. These remedies are not exclusive of any other remedies available under other federal, state or local laws and it is within the discretion of the administrative authority to seek cumulative remedies.

(B)

The county health officer or his designee may order the public water supply to any premises or property to be discontinued upon finding by the county health officer or his designee that the continuation of such supply may endanger the public health. These may include but are not limited to:

(1)

When sewage is overflowing or being discharged on the ground surface, the director of environmental health services may order the occupant or occupants thereof who contribute to such overflow or discharge to abate the same forthwith.

(2)

If such occupant or occupants fail to abate such overflow or discharge as ordered, the county health officer may order such occupant or occupants to vacate the premises within twenty-four hours.

(Ord. No. 4909, § 2, 1-6-2015)

(A)

The administrative authority may adopt policies and procedures to implement and administer this article.

(B)

Within the unincorporated area of Santa Barbara County, the administrative authority is authorized and directed to enforce the provisions of this article. It is authorized to consult with qualified experts in any matter concerning the construction, operation, maintenance and repair of onsite wastewater treatment systems to the extent that it deems it necessary to assist in carrying out its duties under this article. The administrative authority may request and shall receive the assistance and cooperation of other officials of the County of Santa Barbara, so far as may be necessary in the discharge of its duties.

(C)

The administrative authority may approve requests for variances from the provisions of this article if it is determined that complete compliance with the prescribed standards is not possible or practical and that the variance is not counter to the purposes and intent of this article.

(Ord. No. 4909, § 2, 1-6-2015)

Article II. - Extended Producer Responsibility Stewardship for Collection and Disposal of Unwanted Covered Drugs

This article may be cited as the Extended Producer Responsibility Stewardship for the Collection and Disposal of Unwanted Covered Drugs Ordinance.

(Ord. No. 4971, 6-21-2016)

For the purposes of this article, the following definitions apply:

(A)

"Collector" means a person who gathers unwanted covered drugs from county residents for the purpose of collection, transportation, and disposal and is registered with the United States Drug Enforcement Administration in accordance with Title 21 of the Code of Federal Regulations (CFR). Collector may include, but is not limited to, law enforcement agencies, Pharmacies, or other entities, operating in accordance with state and federal laws and regulations for the handling of unwanted covered drugs.

(B)

"Controlled substances" means any substance listed under the California Health and Safety Code Sections 11053 through 11058 or Title 21 of the United States Code, Sections 812 and 813 or any successor legislation.

(C)

"Cosmetics" means:

(1)

Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance;

(2)

Articles intended for use as a component of any such articles; and

(3)

Cosmetics as defined above with expiration dates.

(D)

"County" means the incorporated and unincorporated areas of the County of Santa Barbara, California.

(E)

"County resident" means all human beings residing in the county.

(F)

"Covered drug" means a drug sold or distributed in any form and used by county residents, including prescription, nonprescription, brand name, generic drugs, and controlled substances. Notwithstanding the previous sentence, "covered drug" does not include:

(1)

Vitamins or supplements;

(2)

Herbal-based and homeopathic remedies, or products;

(3)

Cosmetics, shampoos, sunscreens, toothpaste, lip balm, antiperspirants, or other personal care products that are regulated as both cosmetics and nonprescription drugs under the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Chapter 9);

(4)

Drugs for which Producers provide a pharmaceutical product stewardship or take-back program as part of a Federal Food and Drug Administration-managed risk evaluation and mitigation strategy (Title 21 U.S.C. Sec. 355-1);

(5)

Drugs that are biological products as defined by 21 CFR 600.3(h) as it exists on the effective date of this article if the producer already provides a pharmaceutical product stewardship or take-back program; and

(6)

Medical devices or component parts or accessories.

(G)

"Department" means the Santa Barbara County Public Health Department.

(H)

"Director" means the director of the Santa Barbara County Public Health Department or his or her designee.

(I)

"Drop-off site" means a location where a collector provides access to one or more secure collection bins pursuant to a stewardship plan for county residents to safely and securely deposit unwanted covered drugs.

(J)

"Drug" means:

(1)

Any article recognized in the official United States pharmacopoeia, the official national formulary, the official homeopathic pharmacopoeia of the United States or any supplement of the formulary or those pharmacopoeias as published by the U.S. Pharmacopeial Convention and the Homeopathic Pharmacopoeia Convention of the United States;

(2)

Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(3)

Any substance, other than food, intended to affect the structure or any function of the body of humans or animals; or

(4)

Any substance intended for use as a component of any substance specified in subsection (1), (2), or (3) of this definition.

For purposes of this article, drug shall also include controlled substances.

(K)

"Generic drug" means a drug that is chemically identical or bioequivalent to a brand name drug in dosage form, safety, strength, route of administration, quality, performance characteristics, and intended use, though inactive ingredients may vary.

(L)

"Mailer" means packaging specifications in accordance with 21 CFR 1317.70.

(M)

"Manufacture" means the production, preparation, propagation, compounding or processing of a drug, but does not include a practitioner who, as an incident to his or her administration or dispensing of a drug in the course of his or her professional practice, prepares, compounds, packages, or labels such drug.

(N)

"Manufacturer" means a person engaged in the manufacture of a covered drug.

(O)

"Mail-back services" means a collection method for the return of unwanted covered drugs from county residents utilizing prepaid and preaddressed mailers for shipment to a person that will dispose of them in accordance with 21 CFR 1317.05(c) and any other applicable rules or regulations.

(P)

"Person" means a human being, firm, sole proprietorship, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, association, cooperative, or other entity of any kind or nature.

(Q)

"Plan operator" means the person that develops, implements, and operates a stewardship plan, including, but not limited to a producer or a stewardship organization.

(R)

"Prescription drug" means any drug, including any controlled substance that is required by federal or state law or regulation to be dispensed by prescription only or is restricted to use by practitioners only.

(S)

"Producer" means:

(1)

The manufacturer of a covered drug if it is sold or distributed in the county under a brand-name or generic drug that the manufacturer owns, licenses, or otherwise has rights to; or

(2)

If there is no person described in subsection (1), the owner or licensee of the brand-name or generic drug or the person who otherwise has rights to the brand-name or generic drug under which the covered drug is sold or distributed in the county; or

(3)

If there is no Person described in subsection (1) or (2), the importer of the Covered Drug into the county.

Notwithstanding the previous, "producer" does not include:

(a)

Retail pharmacy whose store label appears on a covered drug or the drug's packaging if the manufacturer from whom the retail pharmacy obtains the drug is identified under section 18C-14(D) of this article; or

(b)

A repackager if the manufacturer from whom the repackager obtains the drug is identified under section 18C-14(D) of this article; or

(c)

A pharmacist who compounds or repackages a prescribed individual drug product for a consumer; or

(d)

A wholesaler who is not also a manufacturer.

(T)

"Repackager" means a person who owns or operates an establishment in the county that repacks, relabels or does both to a product or package for further sale, or for distribution without a further transaction but does not include a practitioner who, as an incident to his or her administration or dispensing of a drug in the course of his or her professional practice, prepares, compounds, packages, or labels such drug.

(U)

"Retail pharmacy" means a pharmacy licensed by the State of California Board of Pharmacy for retail sale and dispensing of drugs within the county.

(V)

"Secure collection bin" means a receptacle in compliance with all applicable requirements set forth by, including but not limited to, the United States Drug Enforcement Administration, Title 21 of the Code of Federal Regulations, and the State of California Board of Pharmacy.

(W)

"Stewardship organization" means an organization designated by a producer, either individually or jointly with other producers, to act as an agent on behalf of one or more producers to develop, implement, and operate a stewardship plan.

(X)

"Stewardship plan" or "plan" means a plan for the collection, transportation and disposal of unwanted covered drugs required under section 18C-14 of this article that is:

(1)

Financed, developed, implemented and participated in by one or more producers;

(2)

Operated by the participating producers or a stewardship organization; and

(3)

Approved by the director.

(Y)

"Unwanted covered drug" means any covered drug that the owner or designee has discarded or intends to discard or has otherwise been abandoned.

(Z)

"Wholesaler" means a person who buys drugs for resale and distribution to corporations, individuals, or entities other than consumers.

(Ord. No. 4971, 6-21-2016)

(A)

Each producer shall participate in a stewardship plan. Each producer must:

(1)

Operate, individually or jointly with other producers, a stewardship plan approved by the director; or

(2)

Enter into an agreement with a stewardship organization to operate, on the producer's behalf, a stewardship Plan approved by the Director.

(B)

Each stewardship plan must be approved by the director as described in section 18C-23 before the entity administering the plan starts collecting unwanted covered drugs. Once approved, each stewardship plan must have prior written approval of the director for proposed changes as described in section 18C-24.

(C)

By six months after the effective date of this article, or by six months after a producer starts selling or distributing a covered drug in the county, a producer must notify the director in writing of the producer's intent to participate in a stewardship plan, or to form a new stewardship plan.

(D)

By whichever occurs first, either, six months after the effective date of this article, or by six months after a retail pharmacy whose label appears on a covered drug, or a retail pharmacy's packaging starts selling the covered drug in the county, or by six months after a repackaged covered drug is first sold in the county and thereafter, upon request from the director, a retail pharmacy or repackager whose label appears on a covered drug or its packaging must provide to the director:

(1)

The contact information of the producer from whom the retail pharmacy or repackager obtains the covered drug, including the telephone number, mailing address, and email address of the retail pharmacy's or repackager's point of contact at the producer; and

(2)

Written notification as to whether the producer, from whom the retail pharmacy or repackager obtains a covered drug, has provided its (producer's) notice of intent to participate or to form a new stewardship plan; or

(3)

Documentation that the retail pharmacy or repackager made best efforts to meet the requirements of section 18C-14(D)(2) above.

(E)

A producer, either individually or jointly with other producers, or through a stewardship organization shall:

(1)

By whichever occurs first, either, six months after the effective date of this article, or by six months after starting sale of or distributing a covered drug in the county, identify in writing to the director, a plan operator, including the telephone number, mailing address and email contact information, that is authorized to be the official point of contact for the stewardship plan;

(2)

By whichever occurs first, either, nine months after the effective date of this article, or by nine months after starting sale of or distributing a covered drug in the county, notify all retail pharmacies and law enforcement

agencies in the county of the opportunity to participate as a drop-off site in accordance with section 18C16 and provide a process for forming an agreement between the stewardship plan and interested collectors; and annually thereafter, make the same notification to any nonparticipating or new retail pharmacies in the county;

(3)

By whichever occurs first, either, twelve months (one year) after the effective date of this article or twelve months after starting sale of or distributing a covered drug in the county, submit a proposed stewardship plan to the director for review as described in section 18C-23 or identify an existing stewardship plan in which the producer will participate;

(4)

Within three months after the director's approval of a stewardship plan, operate or participate in a stewardship plan in accordance with this article; and

(5)

At least every three years after a stewardship plan starts operations, submit an updated stewardship plan to the director listing any substantive changes. The updated stewardship plan shall be accompanied by the applicable fee(s) in accordance with section 18C-26 of this article. The director shall review updated stewardship plans using the process described in section 18C-23.

(F)

A producer, either individually or jointly with other producers, may:

(1)

Enter into contracts and agreements with stewardship organizations, other service providers, or other entities as necessary, useful or convenient to carry out all or portions of a stewardship plan;

(2)

Notify the director of any producer selling or distributing covered drugs being manufactured by a producer(s) in the county that is failing to participate in a stewardship plan; and

(3)

Perform any other functions as may be necessary or proper to carry out a stewardship plan and to fulfill any or all of the purposes for which the plan is organized.

(G)

After the first full year of participation in a stewardship plan, a producer, either individually or jointly with other producers, or stewardship organization may notify the director in writing of intent to form a new stewardship plan, and identify a stewardship plan operator, including the plan operator's telephone, mailing address, and email contact information, that is authorized to be the official point of contact for the proposed new stewardship plan. Within three months of such notification, the producer, either individually

or jointly with other producers, or stewardship organization shall submit a proposed stewardship plan as described under section 18C-15 to the director for review in accordance with section 18C-23.

(H)

A producer must notify the director within 30 days of any changes to producer contact information.

(I)

The director may, on a case-by-case basis, approve in writing, requests for extensions of time for the submission dates and deadlines for the submission of stewardship plans, plan revisions and/or plan changes. An approved extension of time shall not exceed three months.

(J)

The director may audit the records of a producer(s) or stewardship organization related to a stewardship plan or request that the producer(s) or stewardship organization arrange for the director to inspect, at reasonable times, a stewardship plan's or a collector's facilities, vehicles, and equipment used in carrying out a stewardship plan.

(Ord. No. 4971, 6-21-2016)

Each stewardship plan, which must be submitted and reviewed according to section 18C-23, shall include:

(A)

Current contact information for all producers participating in the stewardship plan, including each producer's name, address, phone number, and email address, and the name, address, phone number, and email address of a designated person to whom the director may direct all inquiries regarding the producer's participation in the stewardship plan;

(B)

A description of the proposed collection system to provide convenient ongoing collection service for all unwanted covered drugs from county residents in compliance with the provisions and requirements in section 18C-16, including a list of all collection methods and participating collectors, a list of drop-off sites, a description of how any periodic collection events will be scheduled and located, a description of how any mail-back services will be provided and an example of the prepaid, preaddressed mailers the plan will use. The description of the collection service shall include a list of retail pharmacies and law enforcement agencies contacted by the plan under section 18C-14(E)(2), and a list of all collectors who offered to participate;

(C)

A description of the handling and disposal system, including identification of and contact information for collectors, transporters and waste disposal facilities to be used by the stewardship plan in accordance with section 18C-19;

(D)

A description of the policies and procedures to be followed by persons handling unwanted covered drugs collected under the stewardship plan, including a description of how all collectors, transporters and waste disposal facilities used will ensure that the collected unwanted covered drugs are safely and securely tracked from collection through final disposal, and how all entities participating in the stewardship plan will operate under and comply with all applicable federal and state laws, rules and guidelines, including but not limited to those of the United States Drug Enforcement Administration, and how any retail pharmacy collection site will operate under applicable rules and guidelines of the State of California Board of Pharmacy;

(E)

A certification that any patient information on drug packaging will be promptly destroyed;

(F)

A description of the public education effort and promotion strategy required in section 18C-17, including a copy of standardized instructions for county residents, signage developed for collectors, and required promotional materials;

(G)

Proposed short-term and long-term goals of the stewardship plan for collection amounts, education and promotion; and

(H)

A description of how the stewardship plan will consider:

(1)

Use of existing providers of waste pharmaceutical services;

(2)

Separating unwanted covered drugs from packaging to the extent possible to reduce transportation and disposal costs; and

(3)

Recycling of unwanted covered drugs packaging to the extent feasible.

(Ord. No. 4971, 6-21-2016)

(A)

This article does not require any person to serve as a collector in a stewardship plan. A person may offer to serve as a collector voluntarily, or may agree to serve as a collector in exchange for incentives or payment

offered by a producer(s) or stewardship organization.

(B)

The collection system for each stewardship plan shall:

(1)

Provide reasonably convenient and equitable access for all county residents in all supervisorial districts through geographically distributed drop-off sites. At no time shall there be less than five drop-off sites per County of Santa Barbara Supervisorial District. If the service convenience goal in this section 18C-16(B)(1) cannot be achieved due to a lack of drop-off sites at retail pharmacies, law enforcement agencies, or other qualified collectors throughout the county, then those areas deficient of drop-off sites shall be served through periodic collection events or mail-back services. Notwithstanding the requirements in this section 18C-16(B)(1), the director may permit a producer(s) selling or distributing a covered drug to five or fewer county residents to provide mail-back services;

(2)

Be safe and secure, including providing for the prompt destruction of patient information on any and all unwanted covered drug packaging;

(3)

Include as collectors, and give preference to, any retail pharmacy or any law enforcement agency willing to serve voluntarily as a drop-off site for unwanted covered drugs and able to meet the requirements of this article within three months of the collector(s) offer to participate, unless the collector requests a longer time frame. A stewardship plan may also accept other collectors willing to serve as a drop-off site for unwanted covered drugs and able to meet the requirements of this article; and

(4)

Make mail-back services available, free of charge, to county residents upon request through the stewardship plan's toll-free telephone number and website, and through distribution of prepaid, preaddressed mailers to persons providing services to such county residents. The toll-free telephone number and website required by this section 18C-16(B)(4) shall be in English, Spanish, and other languages as determined by the department. In the event that more than one stewardship plan places a secure collection bin at a drop-off site, then each secure collection bin must accept all unwanted covered drugs.

(C)

In addition to the collection system described in section 18C-16(B)(1), all producers or stewardship organizations may jointly or individually operate a drop-off site within each county-owned pharmacy or clinic.

(D)

Drop-off sites shall accept all unwanted covered drugs, during all hours that the retail pharmacy, law enforcement agency, or other collector is normally open for business with the public. Drop-off sites not

operated by a law enforcement agency shall utilize secure collection bins provided in accordance with an approved stewardship plan.

(E)

Stewardship plans shall describe how it will provide support to any law enforcement agencies within the county that have, or later agree to have, a collection program for unwanted covered drugs, including:

(1)

The provision of a secure collection bin with appropriate accessories and signage;

(2)

An ability to accept unwanted covered drugs;

(3)

Technical support up to and including an appropriate person to provide on-site assistance with the sorting and separation of unwanted covered drugs at no cost to a participating law enforcement agency.

(F)

Commercial and institutional establishments, including but not limited to hospitals, clinics, and pharmacies, are responsible for proper disposal of its drug waste and may not utilize any collection mechanism developed pursuant to this article or by any public entity designed for use by, county residents.

(Ord. No. 4971, 6-21-2016)

(A)

Each producer, either individually or jointly with other producers, or through a stewardship organization shall develop a system of promotion and education that shall:

(1)

Promote the stewardship plan so that collection options for unwanted covered drugs are widely understood by county residents, pharmacists, retail pharmacies of covered drugs and health care practitioners including doctors and other prescribers, veterinarians and veterinary hospitals, and promote the safe storage of covered drugs;

(2)

Work with collectors participating in stewardship plans to develop clear, standardized instructions for county residents on the use of secure collection bins and a readily-recognizable, consistent design of secure collection bins;

(3)

Develop display materials explaining how and where unwanted covered drugs may safely and lawfully be disposed. These materials shall be legible and easily understood by the average person. The display materials shall be submitted to and approved by the director. Thereafter, materials shall be distributed to all retail pharmacies;

(4)

Establish a comprehensive and easy-to-use system for public information including, but not limited to, a single toll-free telephone number and single website where collection options and current locations of drop-off sites will be publicized, and prepare educational and outreach materials promoting safe storage of medicines and describing where and how to return unwanted covered drugs to the stewardship plan. These materials must be provided to pharmacies, health care facilities, veterinary facilities, and other interested parties for dissemination to county residents. Plain language and explanatory images should be used to make use of medicine collection services readily understandable by all county residents, including individuals with limited English proficiency;

(5)

Conduct a biennial survey of county residents and a survey of pharmacists, veterinarians, and health professionals who interact with patients on use of drugs and who all operate within the county. Survey questions shall assess: (1) the awareness of the stewardship plans by percentage; (2) the extent that dropoff sites and other collection methods are convenient and easy to use; and (3) the knowledge and attitudes about risks of abuse, poisonings and overdoses from drugs and nonprescription medicines used in the home. Draft survey questions shall be submitted to the director for review and comment at least thirty days prior to initiation of the survey. Results of the survey shall be reported to the director and made available to the public on the website required in section 18C-17(A)(4) within ninety days of the end of the survey period. The privacy of all survey respondents shall be maintained.

(B)

All surveys, outreach, education, promotion, websites, and toll-free phone numbers required by this section 18C-17 shall be in English, Spanish, and other languages as determined by the department.

(Ord. No. 4971, 6-21-2016)

Immediately upon receipt of materials referenced in section 18C-17(A)(3), all retail pharmacies are encouraged to post display materials in a location visible to the public and adjacent to the area where drugs are dispensed.

(Ord. No. 4971, 6-21-2016)

(A)

Unwanted covered drugs collected under a stewardship plan must be disposed of at a permitted hazardous waste disposal facility as defined by the United States Environmental Protection Agency under

40 CFR parts 264 and 265.

(B)

The director may grant approval for a stewardship plan to dispose of some or all collected unwanted covered drugs at a permitted large municipal waste combustor, as defined by the United States Environmental Protection Agency under 40 CFR parts 60 and 62, if the director deems the use of a hazardous waste disposal facility described under section 18C-19(A) to be infeasible for the stewardship plan based on cost, logistics or other considerations.

(C)

A stewardship plan may petition the director for approval to use final disposal technologies that provide superior environmental and human health protection than provided by the disposal technologies in sections 18C-19(A) and 18C-19(B), or equivalent protection at lesser cost. The proposed technology must provide equivalent or superior protection in each of the following areas: monitoring of any emissions or waste, worker health and safety, reduction or elimination of air, water or land emissions contributing to persistent, bioaccumulative, and toxic pollution, overall impact on the environment and human health.

(Ord. No. 4971, 6-21-2016)

(A)

A producer, either individually or jointly with other producers, or a stewardship organization shall prepare, implement, and operate its stewardship plan as required by this article at its own cost and expense, including but not limited to the costs and expenses of:

(1)

Collection and transportation supplies, such as shipping boxes and liners, for each drop-off site;

(2)

Acquisition and distribution to collectors of all secure collection bins for drop-off sites;

(3)

Ongoing maintenance or replacement of secure collection bins, as reasonably requested by collectors;

(4)

Prepaid, preaddressed mailers upon request;

(5)

Operation of periodic collection events, including costs of law enforcement staff time if necessary;

(6)

Transportation of all collected unwanted covered drugs to final disposal, including costs of law enforcement escort if necessary;

(7)

Disposal of all collected unwanted covered drugs in accordance with Title 21, Code of Federal Regulations;

(8)

Stewardship plan promotion and education under section 18C-17 of this article;

(9)

Any review of a stewardship plan by director for purposes of obtaining compliance with the California Environmental Quality Act (California Public Resources Code §§ 21000 et seq.); and

(10)

Any review and oversight by director of a stewardship plan for the purpose of obtaining compliance with this article.

(B)

No person, producer(s) or stewardship organization may charge a point-of-sale fee to consumers to recoup the costs of a stewardship plan, nor may a person, producer(s) or stewardship organization charge a specific point-of-collection fee at the time the unwanted covered drugs are collected.

(C)

Producers are not required to pay for costs of staff time provided by collectors volunteering to participate in a stewardship plan.

(Ord. No. 4971, 6-21-2016)

(A)

Within six months after the end of the first twelve-month period of operation, and annually thereafter, the plan operator of a stewardship plan shall submit a report to the director on behalf of participating producers describing the plan's activities during the previous reporting period. The report must include:

(1)

A list of producers participating in the stewardship plan;

(2)

The amount, by weight, of unwanted covered drugs collected, including the amount by weight from each collection method used;

(3)

A list of drop-off sites;

(4)

The number of mailers provided;

(5)

The retail pharmacies where mailers were provided, if applicable;

(6)

The dates and locations of collection events held, if applicable;

(7)

The transporters used and the disposal facility or facilities used for all unwanted covered drugs;

(8)

Whether any safety or security problems occurred during collection, transportation or disposal of unwanted covered drugs during the reporting period and, if so, what changes have or will be made to policies, procedures or tracking mechanisms to alleviate the problem and to improve safety and security in the future;

(9)

A description of the public education, outreach and evaluation activities implemented during the reporting period, including the results of the biennial survey pursuant to section 18C-17(A)(5) if applicable for the reporting period;

(10)

A description of how collected packaging was recycled to the extent feasible, including the recycling facility or facilities used;

(11)

A summary of the stewardship plan's goals, the degree of success in meeting those goals in the past year, and, if any goals have not been met, what effort will be made to achieve the goals in the next year;

(12)

The total expenditures of the stewardship plan during the reporting period; and

(13)

An executive summary.

(B)

Any change in plan operator or producers participating in a plan must be provided to the department within thirty days of the change.

(C)

The director shall make reports submitted under this section 18C-21 available to the public.

(D)

For the purposes of this section 18C-21, "reporting period" means the period from January 1 through December 31 of the same calendar year, unless otherwise specified to the plan operator by the director.

(Ord. No. 4971, 6-21-2016)

Beginning sixty days after the effective date of this article, each wholesaler that sells, starts to sell, or distributes any covered drug in the county must provide a list of the producers of those covered drugs to the director in a form prescribed by the director. Wholesalers must update and resubmit the list by January 15 each year.

(Ord. No. 4971, 6-21-2016)

(A)

By whichever occurs first, either, twelve months (one year) after the effective date of this article, or twelve months after starting sale of or distributing a covered drug in the county, each producer, either individually or jointly with other producers, or stewardship organization shall submit its proposed stewardship plan to the director for review, accompanied by the applicable fee(s) in accordance with section 18C-26 of this article. The director may, upon request, provide information, counseling, and technical assistance about the requirements of this article to assist with the development of a proposed stewardship plan.

(B)

The director shall review the proposed stewardship plan and determine whether it meets the requirements of this article.

(C)

After the review under section 18C-23(B) and within ninety days after receipt of the proposed stewardship plan, the director shall either approve or reject the proposed stewardship plan in writing and, if rejected, provide reasons for the rejection.

(D)

If the director rejects a proposed stewardship plan, a producer, either individually or jointly with other producers, or stewardship organization must submit a revised stewardship plan to the director within sixty days after receiving written notice of the rejection. The director shall review and approve or reject a revised stewardship plan as provided under sections 18C-23(B) and 18C-23(C).

(E)

If the director rejects a revised stewardship plan, or any subsequently revised plan, the director may deem the producer(s) out of compliance with this article and subject to the enforcement provisions in this article.

(F)

The director shall make all stewardship plans and proposed plans submitted under this section 18C-23 available to the public.

(Ord. No. 4971, 6-21-2016)

(A)

Proposed changes to an approved stewardship plan that substantively alter plan operations, including, but not limited to, changes to participating producers, collection methods, achievement of the service convenience goal, policies and procedures for handling unwanted covered drugs or education and promotion methods or disposal facilities, must be approved, in writing, by the director before the changes are implemented. A producer, either individually or jointly with other producers, or a stewardship organization participating in a stewardship plan shall submit to the director any proposed change to a stewardship plan as described under section 18C-24(A) in writing at least thirty days before the change is scheduled to occur and accompanied by the applicable fee in accordance with section 18C-26 of this article.

(B)

The plan operator of an approved stewardship plan shall notify the director at least 15 days before implementing any changes to drop-off site locations, methods for scheduling and locating periodic collection events, or methods for distributing prepaid, preaddressed mailers, that do not substantively alter achievement of the service convenience goal under section 18C-16(B) of this article, or other changes that do not substantively alter plan operations under section 18C-24(A).

(C)

The plan operator may request an advance determination from the director whether a proposed change would be deemed to substantively alter plan operations.

(Ord. No. 4971, 6-21-2016)

(A)

The director shall administer the penalty provisions of this article. If the director determines that any person has violated this article or a regulation adopted pursuant to this article, the violation shall constitute an infraction. Any violation of the provisions of this article by any person is also subject to administrative fines as provided in chapter 24A of this Code. These remedies are not exclusive of any other remedies available under other federal, state or local laws and it is within the discretion of the director to seek cumulative remedies.

(B)

Any person who knowingly and willfully violates the requirements of this article or any rule or regulation adopted pursuant to this article is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not less than fifty dollars and not more than one thousand dollars for each day per violation, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

(C)

Any person in violation of this article or any rule or regulation adopted pursuant to this article shall be liable to the county for a civil penalty in an amount not to exceed one thousand dollars per day per violation. Each day in which the violation continues shall constitute a separate violation. Civil penalties shall not be assessed pursuant to this section 18C-25(C) for the same violations for which the director assessed an administrative penalty pursuant to section 18C-25(A).

(D)

In determining the appropriate penalties, the court or the director shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.

(Ord. No. 4971, 6-21-2016)

(A)

The board of supervisors authorizes the director to charge the fees identified in this article. A producer, either individually or jointly with other producers, or stewardship organization shall pay to the county the applicable fee(s) to be established for:

(1)

Submittal and review of a proposed stewardship plan;

(2)

Review of re-submittal(s) of a proposed stewardship plan;

(3)

Review of changes to an approved stewardship plan;

(4)

Submittal and review of an updated stewardship plan at least every three years under section 18C-14(E)(5) of this article;

(5)

Review of any petition for approval to use alternative final disposal technologies under section 18C-19(C) of this article;

(6)

Notwithstanding subsections (1) through (5) above, other applicable fees that may be recommended by the director and approved by the County of Santa Barbara Board of Supervisors.

(B)

In addition to the above listed fees, each plan operator shall pay to the County of Santa Barbara an annual operating fee to be established.

(C)

As soon as practicable, the director shall recommend to the board of supervisors a schedule of fees to charge a producer(s) or stewardship organization to cover costs of administering and enforcing this article. The director shall recommend fees to recover but not exceed actual costs to the county. The auditorcontroller shall confirm that the fees recommended by the director do not exceed the actual costs to the county. The board of Supervisors must approve the schedule of fees for it to become effective.

(Ord. No. 4971, 6-21-2016)

In adopting and implementing this article, the county is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. No. 4971, 6-21-2016)

This article shall be construed so as not to conflict with applicable federal or state laws, rules or regulations. Nothing in this article shall authorize any agency or department to impose any duties or obligations in conflict with limitations on municipal authority established by state or federal law at the time such agency or department action is taken. The county shall suspend enforcement of this article to the extent that said enforcement would conflict with any preemptive state or federal legislation subsequently adopted. Nothing in this article is intended or shall be construed to protect anticompetitive or collusive conduct, or to modify, impair, or supersede the operation of any of the antitrust or unfair competition laws of the State of California or the Unites States.

(Ord. No. 4971, 6-21-2016)

If any of the provisions of this article or the application thereof to any Person or circumstance is held invalid, the remainder of those provisions, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this article are severable.

(Ord. No. 4971, 6-21-2016)

This article is meant to supplement, not amend, any existing provision of the County Code. In the event a conflict arises between a provision of the County Code and any provision of this article, this article shall prevail.

(Ord. No. 4971, 6-21-2016)

Article III. - Certified Unified Program Agency (CUPA)

The County of Santa Barbara shall implement and enforce Health & Safety Code (H&SC) and applicable implementing regulations per section 18C-32. The Santa Barbara County Board of Supervisors designates the Santa Barbara County Environmental Health Services' Certified Unified Program Agency (CUPA) as the county agency responsible for implementing and enforcing said H&SC and applicable regulations in the County of Santa Barbara.

For the County of Santa Barbara, the CUPA is certified by the California Environmental Protection Agency to regulate businesses that handle hazardous materials, generate or treat hazardous waste or operate aboveground or underground storage tanks. The CUPA is charged with protecting public health and the environment by ensuring compliance with applicable laws and regulations and responding to incidents involving hazardous materials, as appropriate.

(Ord. No. 5072, 2-5-2019)

(a)

Environmental health services succeeds to and is vested with the duties, purposes, responsibilities and jurisdiction, imposed by law or contract or memoranda, as they relate to hazardous materials, hazardous substances and hazardous wastes, including, but not limited to, the following state laws, together with their implementing regulations and provisions of the County Code:

(1)

Chapter 6.11 (Unified Hazardous Waste and Hazardous Materials Regulatory Program), §§ 25404 et seq., of Division 20 of the Health and Safety Code;

(2)

Chapter 6.5 (Hazardous Waste Control), §§ 25100 et seq., of Division 20 of the Health and Safety Code;

(3)

Chapter 6.67 (Aboveground Storage of Petroleum), §§ 25270 et seq., of Division 20 of the Health and Safety Code;

(4)

Chapter 6.7 (Underground Storage of Hazardous Substances), §§ 25280 et seq., of Division 20 of the Health and Safety Code;

(5)

Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), §§ 25500 et seq., of Division 20 of the Health and Safety Code;

(b)

Environmental health services will remain vested with the duties, purposes, responsibilities and jurisdiction imposed by law or contract or memoranda to implement the CUPA until changed by resolution of the county board of supervisors.

(c)

Nothing in this section shall prevent the environmental health services director, or his/her designee, to adopt policies and procedures in order to implement the program regulations, stated above, in accordance with said statutory and regulatory requirements.

(d)

In the event a provision of this article III conflicts with applicable state law or its implementing regulations, such state law or regulations shall control. This shall not be construed to restrict the county's ability to enact more stringent requirements when allowed by law.

(Ord. No. 5072, 2-5-2019; Ord. No. 5190, § 1, 9-19-2023)

Unless the context provides otherwise, the definitions contained in the statutes and regulations of California Health and Safety Code (H&SC) Chapters 6.11, 6.5, 6.67, 6.7, and 6.95 and the California Code of Regulations (CCR) Title 19, Title 22, Title 23, and Title 27, shall apply.

Additional definitions for Santa Barbara County CUPA shall include:

(a)

"CUPA jurisdiction" means all of the unincorporated and incorporated areas of Santa Barbara County.

(b)

"Unified program" means the collective group of programs identified in section 18C-34, that are subject to regulation by the CUPA.

(c)

"Unified program facility permit" or "permit" means a consolidated permit as defined in Section 25404 (a)(6) of Chapter 6.11 of Division 20 of the California Health and Safety Code.

(d)

"Unified program activity(ies)" means any activity, or activities, regulated by the H&SC code sections and their implementing regulations contained in section 18C-32 of this article III.

(Ord. No. 5072, 2-5-2019)

The CUPA shall implement and enforce the unified program within the County of Santa Barbara. Except as so provided, the unified programs include, but are not limited to: the hazardous Materials Business Plan, the California Accidental Release Prevention program, the Underground Storage Tank program, the Aboveground Petroleum Storage Act Requirements for Spill Prevention, Control and Countermeasure Plans, and the Hazardous Waste Generator and Onsite Hazardous Waste Treatment programs. The CUPA manager may coordinate unified program oversight with all state and local agencies and officials.

(Ord. No. 5072, 2-5-2019)

Any business or person engaging in an activity that is subject to regulation by the CUPA, as set forth in this article III, shall possess a valid unified program facility permit issued by the CUPA.

(Ord. No. 5072, 2-5-2019)

The permit shall identify the specific unified program activity(ies), the specific location where such activity may be conducted or operated, and the business or persons to whom the permit is issued.

The permit shall be valid only for the identified unified program activity(ies) conducted or operated at the identified location and only by the business or persons identified in the permit.

No permit or approval shall be issued by the CUPA under the unified program until all applicable fees and surcharges that are due have been paid to Santa Barbara County Environmental Health Services.

(Ord. No. 5072, 2-5-2019)

A permit shall be valid for a period of one year. The permit shall identify the specific unified program activity(ies) permitted. The permit shall be renewed annually on or before the permit expiration date. A permittee's failure to pay the annual fee shall result in submission to the county's collections agency and/or applicable enforcement action as described in this article III. The permit shall not be transferred from one person, entity, or business to another, or from one location to another. The permit shall be made readily available at the permitted location.

The fees imposed by county ordinance pertaining to the CUPA are nonrefundable and a permittee who terminates operations or the activities regulated by the permit shall not be entitled a refund of fees for any remaining portion of that permit period.

(Ord. No. 5072, 2-5-2019)

The CUPA manager or his designee may deny, suspend, or revoke a Permit or a portion of a permit for specific unified program activity(ies) if a complaint, investigation, or inspection reveals that a permittee, a permittee's employee, or any person acting with the permittee's consent or under the permittee's authority, has or may have violated any provision of this article III or any legal requirement imposed on the permitted facility in connection with its operation.

Suspension or revocation of a permit shall not affect the CUPA's authority to institute or continue a disciplinary proceeding against a permittee, including the collection of fees and/or enforcement penalties.

(Ord. No. 5072, 2-5-2019)

No person shall engage in any business activity that routinely produces a Resource Conservation and Recovery Act (RCRA) or non-RCRA hazardous waste, as defined by H&SC Chapter 6.5 and CCR Title 22 at any location in the CUPA jurisdiction unless such activity is permitted by the CUPA.

(Ord. No. 5072, 2-5-2019)

Tiered permitting refers to a graduated series of requirements applicable to RCRA or non-RCRA hazardous waste generators conducting onsite, fixed treatment of their own RCRA or non-RCRA hazardous wastes generated at the same location. There are three tiers of hazardous waste treatment. The level of regulation is scaled to the relative risk and complexity involved under each treatment tier. In ascending order, the tiers are:

(a)

Conditional exemption.

(b)

Conditional authorization.

(c)

Permit-by-rule.

Prior to treatment of RCRA or non-RCRA hazardous wastes, the owner, operator, business, or person shall possess a permit issued by the CUPA indicating the tier of treatment that is occurring at the fixed location.

(Ord. No. 5072, 2-5-2019)

The owner or operator of a unified program facility located within the CUPA jurisdiction which is required to submit a business plan as described in H&SC Chapter 6.95 must have a permit issued by the CUPA.

(Ord. No. 5072, 2-5-2019)

The owner or operator of a unified program facility that is required to submit a risk management plan pursuant to the Article 2 of Chapter 6.95 of Division 20 of the H&SC and CCR Title 19 of Division 2, Chapter 4.5, must have a permit issued by the CUPA.

(Ord. No. 5072, 2-5-2019)

The owner or operator of a facility that operates an underground storage tank system or systems shall possess a permit issued by the CUPA in accordance with H&SC Chapter 6.7 and CCR Title 23.

(Ord. No. 5072, 2-5-2019)

An underground storage tank system and its ancillary components subject to H&SC Chapter 6.7 and CCR Title 23 shall not be installed, repaired, modified, or closed unless an installation, repair, modification, or closure plan review permit is issued to the owner or operator of the underground storage tank, or their authorized designee. A plan review permit application shall be submitted to the CUPA, on forms furnished by the CUPA, and the applicable fee as set forth in Santa Barbara County Code chapter 15, or its successor chapter, paid to the CUPA prior to the issuance of a plan review permit.

(Ord. No. 5072, 2-5-2019)

The owner or operator of a unified program facility located within the CUPA jurisdiction which is subject to H&SC Chapter 6.67 must have a permit issued by the CUPA.

(Ord. No. 5072, 2-5-2019)

Every person as owner, lessee, agent, or otherwise, who operates, carries on or engages in any business which is subject to regulation by the CUPA (as set forth in sections 18C-39 through 18C-45) shall possess a permit, issued by the CUPA per sections 18C-46.1 through 18C-46.5.

(Ord. No. 5072, 2-5-2019)

Every person carrying on or conducting a business subject to regulation by the CUPA, shall make an application to the CUPA via the statewide information management system as described in Health and Safety Code Chapter 6.11, or as otherwise directed by the CUPA manager. Such application shall be made under penalty of perjury. The application shall state the name and address of the business, the address at which such business is proposed to be carried on, and an indication of the business activities.

All persons engaging in existing businesses covered by the requirements of this article III shall submit an application within sixty days of the effective date of this article. If said application is not received within sixty days, the business is in violation of section 18C-46 and enforcement action pursuant to sections 18C48 et seq. may be initiated by the CUPA.

All persons engaging in a business covered by the requirements of this article which will commence operations on or after the effective date of this article, shall submit an application thirty days prior to commencing operations.

(Ord. No. 5072, 2-5-2019)

The CUPA shall make or cause to be made an inspection of said applicant and the proposed place of business, and the manner in which the hazardous materials and/or waste(s) are produced, handled, transported, stored, treated and disposed of. If the CUPA finds that all provisions of this article, and of applicable state statutes and regulations have been, and will be, complied with, the CUPA shall issue such permit; otherwise the CUPA shall order the applicant to bring the business or operation into compliance with all requirements within a period of time established by the CUPA. Upon failure to comply, the application shall be denied. Except as otherwise set forth in H&SC Chapter 6.7, the CUPA shall not issue a permit or renew a permit for an underground storage tank facility if the facility is red tagged, undergoing an enforcement action, or has not paid a permit fee.

Such permits shall be good for one year from date of issuance, and shall be annually renewed by resubmitting an updated application to the statewide information management system with any and all changes to the business and operation reflected in the application. Such permits shall be nontransferable and nonassignable. Every business covered by the requirements of this article existing prior to the effective date of this article shall apply for a CUPA permit in the manner required by section 18C-46.1.

It shall not be necessary for the CUPA to investigate businesses prior to renewal issuance of the permit. Said existing businesses are required to comply with the provisions of this article III and the provisions of the state statutes and regulations.

(Ord. No. 5072, 2-5-2019; Ord. No. 5190, § 1, 9-19-2023)

Whenever the CUPA shall determine from investigation, examination or inspection of any business covered by the requirements of this article III, that the holder of any Permit issued under the provisions of this article has violated any of the provisions of this article, or any provisions of the state statutes or regulations regarding the production, handling, transportation, storage, treatment or disposal of hazardous materials and/or wastes, and has not complied with the orders of the CUPA to provide corrections, the CUPA may serve a written notice upon such permittee to appear before the environmental health services' director (hereafter "director") to show cause as to why such permit shall not be revoked. Such notice shall contain a brief statement of the alleged violation, and the time and place of the hearing, which shall be held within ten days after the receipt of the notice. The permittee may appear in person or with counsel and present such evidence as he or she may desire regarding the alleged violation and show cause why the permit shall not be revoked. The director shall receive such information, evidence and testimony as may concern the circumstances of the alleged violation, and the formal rules of evidence shall not apply. If the director shall determine that any of the provisions of this chapter, or any of the provisions of the state statutes, or any of the provisions of state regulations have been or are being violated, he or she may revoke or temporarily suspend such permit, until such time as the act, default or omission has been remedied.

(Ord. No. 5072, 2-5-2019)

Any permit issued pursuant to this article III may be summarily suspended by the director for cause. Cause shall be any violation of this chapter, or any violation of the provisions of the state statutes or regulations which, in the opinion of the director, poses an imminent hazard to, or threatens the, public health and safety or the environment. Reinstatement of said permit shall not be effected unless the act, default or omission which was the grounds for summary suspension shall have been remedied prior to the time or reinstatement.

The holder of any permit so summarily suspended pursuant to this section shall have the right to file a written request to the director requesting a hearing to be held within twenty days after the effective date of such suspension. The hearing shall be held as set forth in section 18C-46.3 and the director shall determine whether or not cause exists for such suspension. If he should so determine that cause exists for such suspension, he may suspend such permit until such time as the act, default or omission has been remedied.

(Ord. No. 5072, 2-5-2019)

The following are exempt from CUPA hazardous waste generator permit requirements as set forth in this article III:

(a)

Any person or business whose routine operation does not normally produce a hazardous waste but who must properly store and dispose of a hazardous waste caused by illegal dumping, the occasional accidental discharge, or accidental spillage of a hazardous material onto the land;

(i)

For the purposes of this subsection 18C-46.5(a), "occasional" shall be determined by the CUPA who will take into account the nature of the business operations, materials and wastes involved as well as the expected duration of cleanup and remediation.

(b)

Any person or business who is involved in a one-time project;

(i)

For the purposes of this subsection 18C-46.5(b), "one-time project" means a planned event that does not ordinarily occur at the business, site, or location.

Nothing in this section is meant to restrict permit requirements of other local, state, or federal agencies.

(Ord. No. 5072, 2-5-2019; Ord. No. 5190, § 1, 9-19-2023)

The CUPA may grant variances in the hazardous waste generator program to the permit and fee provisions of this article only if the waste produced is insignificant as a potential hazard to humans, domestic livestock or wildlife due to its small quantity, low concentration and/or its physical or chemical characteristics. Any variance granted does not exempt the producer from any other applicable laws and regulations governing the management of hazardous wastes.

(Ord. No. 5072, 2-5-2019; Ord. No. 5190, § 1, 9-19-2023)

Any owner, operator, business, or person who violates any provision of this article III is subject to applicable enforcement, fines, penalties, or fees as described in H&SC and CCR, and section 18C-49.

The CUPA is hereby authorized and directed to enter, at any reasonable time, any place of business covered by, or reasonably believed to be covered by, this article III, to verify compliance with the provisions of this article. The CUPA shall have the duty of enforcing the provisions of this article. The CUPA may request the district attorney or county counsel to seek injunctive relief to enjoin violations of the ordinance codified in this article or any permit or order issued hereunder or any rule, regulation, or requirement promulgated hereunder.

(Ord. No. 5072, 2-5-2019)

In addition to any other applicable federal or state minimum and maximum penalties as established by law and pursuant to chapter 1, section 1-7 of the County Code, any person who violates any provision of this article III is subject to civil penalties of up to five hundred dollars per day of violation. Any person who violates any provisions of this article is guilty of a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this

article is committed, continued, or permitted by such person and shall be punishable accordingly. Any person convicted of a misdemeanor under the provisions of this article shall be punishable accordingly. Any person convicted of a misdemeanor will be subject to a mandatory fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. All enforcement actions hereunder are cumulative to one another and to any other applicable federal or State minimum penalties as established by law.

(Ord. No. 5072, 2-5-2019; Ord. No. 5190, § 1, 9-19-2023)

All penalties or fines collected by any court or judge for any violation of any provisions of this article shall be paid into the county general fund with fifty percent earmarked for Santa Barbara County environmental health services for the purposes of purchasing supplies, equipment and reference materials to be used in the enforcement of the state statutes, regulations, and County Code.

(Ord. No. 5072, 2-5-2019)

The remedies and penalties provided by this article III shall not be construed as restricting any other remedy or penalty provided by the state statutes, regulations, or any other law, regulation, or ordinance.

(Ord. No. 5072, 2-5-2019)

The Santa Barbara County board of supervisors may, by ordinance, adopt such fees as necessary to pay the reasonable expenses of the health officer in enforcing city, county and state statutes, orders, quarantines, ordinances, rules or regulations relating to the public health.

An ordinance adopting said fees may prescribe such terms and conditions as may be necessary for the county to recover its costs of administering and enforcing this article III.

Failure to pay the fees established and set forth in any fee ordinance adopted by the board of supervisors pursuant to this article III shall constitute cause for revocation or suspension of a permit issued pursuant to section 18C-46.3.

(Ord. No. 5072, 2-5-2019; Ord. No. 5079, 4-9-2019)

Each person who is required to have a permit issued pursuant to section 18C, article III shall pay a nonrefundable annual permit fee for each place of business said permit is required. The Santa Barbara County board of supervisors may set the annual permit fee by ordinance.

(Ord. No. 5079, 4-9-2019)

Each of the persons whose duty it is to obtain, or cause to be obtained, a permit from the health officer, as herein provided, shall be, and is hereby declared and made to be, jointly and severally liable for the payment of the fee required to be paid to the health officer for such permit.

(Ord. No. 5079, 4-9-2019)

In the event of the nonpayment of any fee required by this article to be paid the health officer, the health officer may proceed to collect such fee from any such person so liable by appropriate action in a court of competent jurisdiction.

(Ord. No. 5079, 4-9-2019)

The Santa Barbara County, public health department health officer, and/or the environmental health services director shall prescribe rules, regulations and requirements not in conflict with the general law, for the implementation and enforcement of this article III.

(Ord. No. 5072, 2-5-2019)

Article IV. - Release of Waste

(a)

Any person who is reliably informed of, or discovers, a release of a hazardous material within the county shall notify the county director of environmental health services within ten working days after receiving that information or making that discovery, except that if the release poses an immediate hazard to the public health or the environment the county health officer shall also be notified within twenty-four hours. No such report shall be required if there is good cause to believe that such release has already been reported to the county director of environmental health or county health officer. Such notification shall include, to the extent known, the location of the release, the material released, the date of such release, the persons responsible, and the name of the reporting party. Notification received pursuant to this article or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case.

(b)

For purposes of this section, "hazardous material" means any substance or mixture of substances which:

(1)

Is toxic;

(2)

Is corrosive;

(3)

Is an irritant;

(4)

Is ignitable or combustible;

(5)

Is radioactive;

(6)

May cause substantial personal injury or substantial illness during or as a proximate result of any contact with human beings, including, but not limited to, reasonably foreseeable ingestion by children. The terms "toxic," "corrosive," "irritant," "ignitable," "combustible," and "radioactive" shall have the meanings prescribed in the California Hazardous Waste Control Law, Health and Safety Code Sections 25100 et seq. and its implementing regulations, as may be amended.

(c)

"Release" means spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency. "Release of a hazardous substance" shall not include the permitted use, storage, disposal, handling, blending, treatment, or transportation of such substances.

(Ord. No. 5190, § 1, 9-19-2023)

Any person who violates any provision of this article is guilty of a misdemeanor.

(Ord. No. 5190, § 2, 9-19-2023)

Whenever there is reason to believe that there is a continuing practice by any person in violation of this article, the district attorney or county counsel may make application to the superior court for an order enjoining such practice, or for an order directing compliance, and upon a showing that such person has engaged in or is about to engage in any such practice, a permanent or temporary injunction, restraining order, or other order may be granted.

Any person who willfully violates the provisions of this article shall be liable for a civil penalty not to exceed twenty-five thousand dollars for each day that the violation continues to exist. Such civil penalty shall be assessed and recovered in a civil action commenced within one year from the date the failure to report is discovered.

(Ord. No. 5190, § 2, 9-19-2023)

It is not the intention of this article to require handlers of hazardous materials to report to the county a release of hazardous materials which is not required to be reported under state or federal law. If the release is not required to be reported under state or federal law by the handler then no other person is placed under a duty to report such release.

(Ord. No. 5190, § 2, 9-19-2023)

(a)

For purposes of this section, the county director of environmental health services shall be designated as the "local officer" as set forth in the Health and Safety Code Sections 101480 et seq.

(b)

Whenever a release of waste occurs and remedial action is required, the responsible party for the release may request the local officer to supervise the remedial investigation and/or remedial action pursuant to a remedial action agreement entered into by the local officer and the responsible party. The remedial action agreement shall be consistent with Health and Safety Code Section 101480, Subdivision (c) and specify the testing, monitoring, and analysis the responsible party will carry out to determine the type and extent of the contamination caused by the release, the remedial actions that will be taken, and the cleanup goals that the local officer determines are necessary to protect human health or safety or the environment, and that, if met, constitute a permanent remedy to the release of the waste.

(c)

To the extent authorized by the State Department of Toxic Substances Control, the Santa Barbara County Environmental Health Services in its capacity as a Certified Unified Program Agency, shall oversee site screening, site investigation and corrective measures required at sites in the county that are subject to the state Hazardous Waste Control Law.

(d)

The county board of supervisors may, by ordinance or resolution, adopt such fees as necessary to pay the reasonable and necessary costs of the local officer to oversee site investigations and remedial actions taken by a responsible party.

(e)

This section does not limit the county health officer or county director of environmental health's authority to oversee site investigations or remedial actions pursuant to Chapter 6.65 of Division 20 of the Health and Safety Code, Sections 33459 to 33459.8 of the Health and Safety Code, or Sections 101480 to 101490 of the Health and Safety Code, to the extent applicable.

(Ord. No. 5190, § 2, 9-19-2023)

Wells and exploratory borings constructed for the purpose of monitoring or abating contaminants in underground waters or soil that are associated with a hazardous materials release shall be subject to the administrative authority of the Santa Barbara County Environmental Health Services in Chapter 34A of Santa Barbara County Code for enforcement of statutes, ordinances, or regulations related to hazardous materials, hazardous wastes or hazardous substances as set forth in this chapter, as amended from time to time.

(Ord. No. 5190, § 2, 9-19-2023)

(a)

For purposes of this section, the local health officer or county director of environmental health services, as the authorized representative of the local health officer, shall be responsible to carry out the responsibilities as assigned by the Methamphetamine or Fentanyl Contaminated Property Cleanup Act in Chapter 6.9.1 of the Health and Safety Code Sections 25400.10 to 25400.47.

(b)

For the purposes of this section "unit" includes but is not limited to any property as defined in Health and Safety Code Section 25400.11, a structure, partial structure, mobile home, manufactured home, or recreational vehicle, as applicable, and any accessory building or structure related thereto.

(c)

If a property is known or suspected to be contaminated by a methamphetamine or fentanyl laboratory activity, a property owner or person occupying the property subject to a notice or order posted by the local health officer or county director of environmental health services pursuant to Chapter 6.9.1, Article 3 of the Health and Safety Code, shall immediately vacate the affected unit until the contamination is remediated by an authorized contractor of the property owner in accordance with a preliminary site assessment workplan approved by the county director of environmental health services.

(d)

No re-occupancy or entry by unauthorized person of the affected property shall occur at a methamphetamine or fentanyl laboratory-contaminated unit that is determined to be hazardous until the property owner or property owner's authorized contractor has completed remediation and the county director of environmental health has issued a no further action determination. A person who violates an order issued pursuant to Chapter 6.9.1 of the Health and Safety Code prohibiting the use or occupancy of a property or portion thereof contaminated by methamphetamine or fentanyl laboratory activity is subject to a civil penalty in the amount of up to five thousand dollars.

(e)

This article does not preclude the county or a city from seeking any other remedies as authorized by Chapter 6.9.1 of the Health and Safety Code to abate, and/or recover reasonable costs incurred to

remediate a property contaminated by methamphetamine or fentanyl laboratory activity.

(Ord. No. 5190, § 2, 9-19-2023)

If any of the provisions of this article or the application thereof to any person or circumstance is held invalid, the remainder of those provisions, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this article are severable.

(Ord. No. 5190, § 2, 9-19-2023)

This article is meant to supplement, not amend, any existing provision of the County Code. In the event a conflict arises between a provision of the County Code and any provision of this article, this article shall prevail.

(Ord. No. 5190, § 2, 9-19-2023)

CHAPTER 21 - LAND DIVISION

Footnotes:

--- ( 1 ) ---

As to zoning generally, see ch. 35 of this Code.

Article I. - Subdivisions Division 1. - In General

A.

Purpose and Intent. The purpose of agricultural buffers is to implement Comprehensive Plan policies that assure and enhance the continuation of agriculture as a major viable production industry in Santa Barbara County through establishing development standards that provide for the creation of buffers between agricultural uses and new non-agricultural development and uses. The intent of agricultural buffers is to minimize potential conflicts between agricultural and adjacent land uses that result from dust, light, noise and odor incidental to normal agricultural operations as well as potential conflicts originating from residential and other non-agricultural uses (e.g., domestic pets, insect pests and invasive weeds).

B.

Applicability. This section applies to all discretionary applications regulated by this chapter 21, Land Division, of the County Code which satisfy all of the following criteria:

1.

The project site is located within an urban area, inner-rural area, or existing developed rural neighborhood, as designated on the Comprehensive Plan maps; or located on property zoned industrial that is located in the rural area as designated on the Comprehensive Plan maps.

2.

The project site is located immediately adjacent to land that is:

a.

Located in a rural area as designated on the Comprehensive Plan maps; and

(1)

Has an agricultural zone designation as identified in Section 35.014.020 (Zoning Map and Zones) of section 31-1, the Santa Barbara County Land Use and Development Code, or Section 35.404.020 (Zoning Map and Zones) of section 31-2, the Santa Barbara County Montecito Land Use and Development Code or section

35-52 (Zoning District Designations and Applicability) of article II, the Santa Barbara County Coastal Zoning Ordinance or article V of Ordinance No. 661, excluding state or federally owned land; or

(2)

Is subject to a contract executed in accordance with the County Uniform Rules for Agricultural Preserves and Farmland Security Zones.

C.

Exceptions. This section does not apply to the following:

1.

Modifications to Conditional Certificates of Compliance, Final and Parcel Maps, and Lot Split Plats. Applications for modifications to recorded conditional certificates of compliance, final and parcel maps, and lot split plats, provided that prior to an action by the decision-maker to approve or conditionally approve the application, the decision-maker shall first determine that the proposed modification to the project does not result in any new or greater impacts to agriculture than those resulting from the already approved project.

a.

If the decision-maker cannot make the determination required in compliance with subsection C.1 (Modifications to Conditional Certificates of Compliance, Final and Parcel Maps, and Lot Split Plats), above, then the project shall be subject to the provisions of this section 21-32A (Agricultural Buffers).

2.

Lot line adjustments and modifications to lot line adjustments that:

a.

Do not exceed a ten percent increase or decrease in the area of the smallest existing lot; and

b.

Do not result in a greater number of residential developable parcels than existed prior to the adjustment in compliance with subsection 21-93.a.3.a.3 of this chapter or do not result in an increased number of dwelling units or a greater density than the approved lot line adjustment in compliance with subsection 2115.9(h)7 of this chapter, as applicable.

3.

Non-commercial Agricultural Uses. An agricultural buffer is not required adjacent to a common lot line between the project site and an adjacent agriculturally zoned lot if the adjacent lot is used for noncommercial agriculture.

D.

Agricultural Buffer Requirements. All applications subject to this section shall designate and maintain an agricultural buffer on the project site in compliance with this section.

1.

Agricultural Buffer Width. The width of the agricultural buffer shall be in compliance with the range of agricultural buffer widths as shown in the following table. Ranges are provided because unique circumstances may require the buffer width to be adjusted; however, the agricultural buffer width as adjusted shall neither be less than the minimum buffer width nor greater than the maximum buffer width shown in Table 21-32A-1 (Range of Agricultural Buffer Width), below. If the proposed project is located adjacent to a lot that contains both production agriculture and rangeland or pastureland, then the most protective buffer:

a.

Shall be applied adjacent to any portion of the common lot line between the project site and the adjacent agriculturally zoned lot where production agriculture is immediately adjacent; and

b.

May be applied to any portion of the common lot line between the project site and the adjacent agriculturally zoned lot where production agriculture is not immediately adjacent, if production agriculture is located on the adjacent lot within the distance as measured from the common lot line, that is equal to the width of the required buffer that would otherwise be applicable to the project site.

Refer to section II.C. (agricultural buffer width adjustment) of the Agricultural Buffer Implementation Guidelines (Appendix B) for guidance.

Table 21-32A-1. Range of Agricultural Buffer Width

Adjacent to rangeland or pastureland

100 150

---

2.

Agricultural Buffer Location. The agricultural buffer shall be located:

a.

On the lot on which the project is proposed.

b.

Adjacent to the common lot line between the project site and the adjacent agriculturally zoned lot.

3.

Agricultural Buffer Width Measurement. The agricultural buffer width shall be measured from the common lot line between the project site and the adjacent agriculturally zoned lot. The agricultural buffer shall be coterminous with the length of said common lot line.

4.

Agricultural Buffer Width Adjustment. The following factors shall be considered when determining the appropriate agricultural buffer width in compliance with subsection D.1 (agricultural buffer width). See the Agricultural Buffer Implementation Guidelines (Appendix B) for guidance in determining the appropriate agricultural buffer width.

a.

Site-Specific Factors. The following factors shall be considered when determining the agricultural buffer width:

(1)

Crop type/agricultural practices.

(2)

Elevation differences and topography.

(3)

Extent and location of existing non-agricultural development.

(4)

Location of existing roads or naturally occurring barriers.

(5)

Historical land use on the agricultural lot.

(6)

Future farming potential of the agricultural lot.

(7)

Site design of the non-agricultural proposal.

(8)

Non-agricultural lot size/configuration.

(9)

Prevailing wind direction.

b.

Vegetative Screening Adjacent to Production Agriculture. Vegetative screening may be used to offset an increase in the buffer width for projects adjacent to production agriculture, as it may be adjusted in compliance with subsection D.4.a (Site-specific factors). See subsection F.3 for vegetative screening criteria and the Agricultural Buffer Implementation Guidelines (Appendix B) for guidance in determining if an offset may be appropriate.

c.

Constrained Agricultural Areas. If the adjacent lot is used for production agriculture and contains land areas that are constrained by physical features or easements such that those land areas cannot be used for agriculture, then the agricultural buffer width may be reduced on the project site by an amount equal to the width of the constrained land area located on the adjacent agricultural lot, provided:

(1)

The physical feature is permanently part of the landscape (e.g., a protected riparian area, or rock outcropping); and

(2)

The physical feature or easement precludes any kind of agricultural use and be located adjacent to the non-agricultural project site.

5.

Comprehensive Plan Consistency. Where Comprehensive Plan policies and this section 21-32A (Agricultural Buffers) both address agricultural buffer requirements, the most protective agricultural buffer

requirement shall prevail.

6.

Reasonable Use. This section is not intended, and shall not be construed as authorizing the decision-maker acting in compliance with this section 21-32A (Agricultural Buffers) to exercise their authority to approve, conditionally approve or deny an application in a manner which will take or damage private property for public use without the payment of just compensation therefore. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States or under this chapter 21 (Land Division) of the County Code.

7.

Buffer Recordation.

a.

Separate document required to record information.

(1)

A separate document and/or additional map sheet in compliance with subsection D.7.a.(2), below shall be:

(a)

Filed or recorded simultaneously with the final or parcel map subject to this section.

(b)

Included in the project description of a conditional certificate of Compliance subject to this section 21-32A (Agricultural Buffers) prior to approval or conditional approval in compliance with division 13, Certificates of Compliance and Conditional Certificates of Compliance, of article I, Subdivisions, of this chapter.

(c)

Included in the project description of a lot line adjustment subject to this section 21-32A (Agricultural Buffers) prior to approval or conditional approval in compliance with article III, Lot Line Adjustments, of this chapter.

(d)

Included in the project description of a modification to a final or parcel map, lot split plat or lot line adjustment subject to this section 21-32A (Agricultural Buffers) prior to approval or conditional approval in compliance with division 3, Modifications to Recorded Maps, Lot Split Plats and Lot Line Adjustments, of article I, Subdivisions, of this chapter.

(2)

Said document or additional map sheet shall include and depict, as applicable:

(a)

An exhibit showing the location of the agricultural buffer by metes and bounds description or surveyor's description.

(b)

The uses that are allowed within the agricultural buffer in compliance with subsection E (allowable uses within agricultural buffers).

(c)

The landscape, lighting and irrigation plan required in compliance with subsection F (agricultural buffer landscape, lighting and irrigation plan requirements).

(d)

The maintenance plan required in compliance with subsection G (agricultural buffer maintenance requirements).

(3)

The requirement to record said separate document and/or additional map sheet in compliance with this subsection D.7 (buffer recordation) shall be included as a condition of approval of a discretionary application subject to this section 21-32A (Agricultural Buffers).

E.

Allowable Uses Within Agricultural Buffers. The property owner shall use his best efforts to consult with the adjacent agricultural land owner(s) to address food safety and agricultural production concerns with regard to landscape, lighting, and vegetative screening design and siting. See the Agricultural Buffer Implementation Guidelines (Appendix B) for information on the purpose and intent of restricting uses within agricultural buffers and how to incorporate site design and other features that are compatible with agriculture.

1.

Unrestricted Uses Within Agricultural Buffers. Subject to other provisions of this section, or other provisions of the County Code, the following uses may be allowed within a designated agricultural buffer:

a.

Drainage channels, irrigation canals, storm water retention basins and low impact development (LID) drainage features.

b.

Fences and walls.

c.

Low-lying landscaping and vegetative screening that does not include trees or hedges exceeding three feet in height.

d.

Oil and gas, wind energy and cogeneration facilities that are:

(1)

Permitted in compliance with:

(a)

Article 35.5 (Oil and Gas, Wind Energy and Cogeneration Facilities) of section 35-1, the Santa Barbara County Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

(b)

Chapter 35.446 (Wind Energy Conversion Systems) of section 35.-2, the Santa Barbara County Montecito Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

(c)

Division 9 (Oil and Gas Facilities) of article II, the Santa Barbara County Coastal Zoning Ordinance, of chapter 35, Zoning, of the County Code.

(2)

Operated in compliance with:

(a)

Chapter 35.101 (Nonconforming Uses, Structures, and Lots) of section 35-1, the Santa Barbara County Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

(b)

Chapter 35.491 (Nonconforming Uses, Structures, and Lots) of section 35-2, the Santa Barbara County Montecito Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

(c)

Division 10 (Nonconforming Structures and Uses) of article II, the Santa Barbara County Coastal Zoning Ordinance, of chapter 35, Zoning, of the County Code.

e.

Natural waterways including creeks, flood plains, lakes, ponds and rivers.

f.

Signs.

g.

Solar energy systems that are allowed as an accessory use to the principal use in compliance with:

(1)

Section 35.30.160 (Solar Energy Systems) of section 35-1, the Santa Barbara County Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

(2)

Section 35.430.160 (Solar Energy Systems) of section 35-2, the Santa Barbara County Montecito Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

(3)

Article II, the Santa Barbara County Coastal Zoning Ordinance, of chapter 35, Zoning, of the County Code.

h.

Telecommunication facilities permitted in compliance with:

(1)

Chapter 35.44 (Telecommunication Facilities) of section 35-1, the Santa Barbara County Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

(2)

Chapter 35.444 (Telecommunication Facilities) of section 35-2, the Santa Barbara County Montecito Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

(3)

Section 35-144F (Commercial Telecommunication Facilities) of article II, the Santa Barbara County Coastal Zoning Ordinance, of chapter 35, Zoning, of the County Code.

i.

Utility lines and facilities.

j.

Any other use determined by the decision-maker to be consistent with the purpose and intent of the buffer requirement.

k.

Modifications or additions to structures legally existing as of the effective date of the ordinance codified in this section provided that any addition to a structure that is located within a buffer required by this section 21-32A (Agricultural Buffers) shall not extend further towards the immediately adjacent agricultural lot.

2.

Restricted Uses Within Agricultural Buffers. Subject to other provisions of this section, or other provisions of the County Code, the following uses may be allowed within the agricultural buffer provided they are not located any closer to the common lot line between the project site and the adjacent agriculturally zoned lot than half the width of the buffer. This requirement may be modified when the decision-maker determines that strict compliance with this subsection E.2 is not required to minimize conflicts with adjacent agriculture.

a.

Industrial or commercial loading docks and rear service areas.

b.

Landscaping and vegetative screening.

c.

Lighting.

d.

Non-habitable structures such as those used for storage.

e.

Parking areas including carports and garages.

f.

Public and private open space areas with limited passive recreational uses such as trails, bike paths and walking paths.

g.

Roads and transportation infrastructure.

3.

Prohibited Uses Within Agricultural Buffers. Recreational uses such as parks, picnic areas, playgrounds and ball fields shall not be allowed in an agricultural buffer.

4.

Open Space Credit. The agricultural buffer may be counted toward open space requirements as long as the limits on allowed uses are consistent with the requirements of this section and the requirements in:

a.

Section 35-1, the Santa Barbara County Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

b.

Section 35-2, the Santa Barbara County Montecito Land Use and Development Code, of chapter 35, Zoning, of the County Code; or

c.

Article II, the Santa Barbara County Coastal Zoning Ordinance, of chapter 35, Zoning, of the County Code.

5.

The unrestricted uses, restricted uses and prohibited uses within the designated agricultural buffer shall be included as a condition of approval of the approved project.

F.

Agricultural Buffer Landscape, Lighting and Irrigation Plan Requirements.

1.

A Landscape, lighting and irrigation plan (plan) shall be required for all agricultural buffers. The plan shall:

a.

Graphically depict and label the agricultural buffer.

b.

Graphically depict and label the following elements within the agricultural buffer:

(1)

Erosion control measures.

(2)

Hardscape.

(3)

Irrigation systems.

(4)

Landscaping, vegetation, and materials.

(5)

Lighting.

c.

Incorporate low impact development (LID) measures to maximize runoff retention and groundwater infiltration on-site.

d.

Incorporate a fence or other barrier a minimum of six feet in height that complies with chapter 35, Zoning, of the County Code, that discourages trespassing and domestic animals from crossing the common lot boundary between the project site and the adjacent agricultural land.

e.

Prohibit the planting or installation of turf within fifty feet of the adjacent agricultural land unless required by county, state or federal regulations.

f.

Be compatible with the surrounding land uses and rural character of the agricultural area.

2.

Landscaping, lighting and irrigation are not required within the agricultural buffer. However, if vegetation is included within the buffer, the plant palette shall meet the following requirements:

a.

The plants shall be compatible with agriculture.

b.

Shading of adjacent agricultural crops shall be minimized.

c.

To the maximum extent feasible, the plants shall be fire resistant and drought-tolerant or low water use.

d.

The plants shall not be considered noxious according to Section 4500 of the California Code of Regulations or considered invasive by the California Invasive Plant Council (Cal-IPC).

3.

If a vegetative screen is used to offset an agricultural buffer width increase for production agriculture as described in subsection D.4.b (vegetative screening adjacent to production agriculture), the vegetative screen shall be consistent with the requirements in this subsection F (agricultural buffer landscape, lighting and irrigation plan requirements) and shall be in compliance with the following additional criteria:

a.

The vegetative screen shall consist of two staggered rows of vegetation consisting of a layered canopy with evergreen trees and shrubs with foliage extending from the base to the crown.

b.

The plants shall thoroughly screen the agricultural use from the non-agricultural use within five years from time of installation.

c.

The minimum height of trees at maturity shall be fifteen feet.

d.

The vegetative screen shall be at least twenty-five feet deep.

4.

The landscape, lighting and irrigation plan shall be compatible with the requirements in subsection E (allowable uses within agricultural buffers).

5.

The applicant shall provide a signed and notarized agreement and a performance security acceptable to the director of the planning and development department that guarantees the installation of landscaping, lighting and irrigation and provides for the successful establishment of the agricultural buffer for a minimum of five years. The performance security shall be released upon approval by the director of the planning and development department.

G.

Agricultural Buffer Maintenance Requirements.

1.

A maintenance plan shall be required that provides for the maintenance of the agricultural buffer for the life of the project. The maintenance plan shall:

a.

Include provisions for managing agricultural pests such as vertebrate pests, invasive weeds, and crop threatening insects. Integrated pest management practices shall be used to the extent feasible.

b.

Include provisions for removing debris, trash and weeds.

c.

Provide for regular fuel management and removal of accumulated plant matter within the agricultural buffer so as to minimize fire risk.

d.

Be consistent with the requirements in subsection F (agricultural buffer landscape, lighting and irrigation plan requirement).

e.

Provide for the regular maintenance of the elements as described in Subsection F (agricultural buffer landscape, lighting and irrigation plan requirement).

H.

Future Conversion of Adjacent Agricultural Land. If the underlying purpose for the agricultural buffer no longer exists, the decision-maker, upon application for modification in compliance with division 3 (Modification to Recorded Maps, Lot Split Plats and Lot Line Adjustments) of article I, Subdivisions, of chapter 21, Land Division, of the County Code, may modify conditions of approval of the project for the agricultural buffer requirements originally required in compliance with this section 21-32A (Agricultural Buffers).

I.

Findings. In addition to other findings that may be required, the decision-maker shall not approve or conditionally approve any application subject to the requirements of this section for which an agricultural buffer is required unless it first makes all of the following findings:

1.

The design and configuration of the agricultural buffer minimizes, to the maximum extent feasible, conflicts between the existing adjacent agricultural uses and existing uses or zoning of the non-agricultural project site in compliance with the Comprehensive Plan, including applicable Area and Community Plans, the Coastal Land Use Plan, this Section, and chapter 35, Zoning, of the County Code.

2.

The landscape, lighting, irrigation and maintenance plans are compatible with the character of the adjacent agricultural land and the rural setting.

(Ord. No. 4854, § 4, 4-16-2013)

Division 6. - Water Supply Requirements