Shasta County Municipal Code Ch. 8.40 Sewage Disposal Systems

It is the intention of the board of supervisors of the county in enacting this chapter to implement and supplement the provisions of Articles 2 and 3 of Chapter 6, Part 3, Division 5 (commencing with section 5410) of the Health and Safety Code.

(Prior code § 3431)

When used in this code, the following words or terms have the meaning indicated, unless the context in which any word or term is used requires another meaning:

"Annual revenue requirement" means the total projected financial requirement for rendering monitoring, inspection and abatement services, including cost of overhead and administration.

"Building" means residence, mobile home, place of business, other structure or place where persons reside, congregate or are employed and includes any vehicle used as a residence or place of business.

"Costs" mean the total expense, including county administrative costs, of repairing or abating a faulty or malfunctioning nonconventional system.

"Director" means the director of health services for the county.

"Fees" means the total expense, including county administrative expense, of monitoring and inspecting nonconventional systems.

"Health hazard" means any condition or set of conditions whereby sewage may reach or be carried to human beings, their food, homes or belongings.

"Health officer" means the county health officer.

"Nonconventional system" means a sewage or wastewater disposal system for which a permit has been issued by the county after October 21, 1980, and which does not meet the construction and performance criteria for conventional septic tank and leachfield systems established by Appendix I of the Uniform Plumbing Code, 1979 edition, as amended by resolution of the board of supervisors.

(Prior code § 3430)

No person shall occupy or use for human habitation any building when a sewage disposal system is required for its intended use unless and until a functioning sewage disposal system has been constructed and installed pursuant to a valid sewage disposal permit as required by this code. No person shall occupy or use for human habitation any building equipped with a sewage disposal system that is not functioning or that creates or causes a health hazard.

(Prior code § 3432)

No person shall construct, maintain, operate, use or cause or permit discharge from any sewage disposal system which causes or is likely to cause:

A. Sewage overflowing any lands whatever, except treated effluent applied to the surface of land as part of a sewage disposal system authorized by a valid permit issued by the health officer and in compliance with applicable waste discharge requirements of the regional water quality control board;

B. Sewage surfacing from any subsurface disposal field, seepage pit or other pit or trench;

C. Sewage emptying, flowing, seeping or draining into any stream, spring, river, lake, subterranean water or other waters within the county;

D. Sewage being accessible to humans, rodents or insects;

E. Contamination of any well, spring, stream, river, lake or other source or potential source of domestic water.

(Prior code § 3433)

The board of supervisors finds and declares that the public health, safety and welfare require that certain nonconventional wastewater disposal systems be monitored, inspected and their failures abated in an expeditious manner. The board further finds that the monitoring, inspection and abatement services rendered by the county benefit the owners of real property on which nonconventional systems are permitted in that without these services the property would be incapable of development. The board further finds that the installation of such a system without a proper permit and the operation or maintenance of such a system without monitoring and inspection constitutes a health hazard and public nuisance.

(Prior code § 3434)

No person shall install, operate or maintain a nonconventional system without a sewage disposal permit from the health officer. Prior to issuance of the permit, a charge in addition to the permit charge will be levied to defray the county's expenses in inspecting construction and monitoring performance of the system between the completion of the system and the time the fees are included on the tax roll. The permit shall be signed by the owner of the real property on which the nonconventional system is to be installed, operated or maintained and shall contain a covenant running to the benefit of the county in which the owner covenants for himself, his heirs, successors and assigns to pay all monitoring and inspection fees and abatement costs. The permit shall be recorded with the county recorder.

(Prior code § 3435)

The fee for inspecting and monitoring nonconventional systems shall be set by resolution of the board of supervisors. The fee shall be a lien and assessment on the real property.

(Prior code § 3436)

At least once annually and more frequently if required, the director will prepare a schedule of fees to be charged for the monitoring and inspection services provided to owners of nonconventional systems. The fees shall be sufficient to meet the annual revenue requirements. The fees shall reflect the actual cost of rendering the services and the benefits derived from the services and may vary according to the nature of the use discharging sewage into the system and the size, design and complexity of the system. The director, with the concurrence of the executive officer, shall present the schedule of fees to the board of supervisors which will modify or adopt the schedule by resolution.

(Prior code § 3437)

The owner of real property on which there is a nonconventional system is responsible for the payment of fees for inspection and monitoring and the costs of abatement services. The real property is security for the payment of the fees and costs.

(Prior code § 3437.1)

A. When, upon inspection and monitoring, the health officer determines a system is malfunctioning or requires preventive maintenance the owner will be notified. The owner shall repair the malfunction, perform the maintenance or otherwise abate the problem within fifteen days from the time the notice is mailed. If the owner fails or refuses to perform the work required, the health officer shall cause the work to be done and the cost of such work shall be paid by the owner.

B. The owner shall be given notice of the cost. If costs remain unpaid for fifteen days, they shall be delinquent and shall bear interest at the maximum legally permissible rate until the costs become an assessment.

C. Nothing herein shall limit the authority of the health officer to abate nuisances or address health hazards as provided elsewhere in this code or as provided by state law.

(Prior code § 3437.2)

On or before July 1st of each year, the director shall transmit to the board of supervisors a list of delinquent costs with a request that they become a lien on the real property benefitted. The owner shall be given notice of the time when the board will hear the matter and an opportunity to be heard. If the board determines the services have been rendered and the costs are unpaid, the board shall determine that the costs, together with accrued interest as provided by Section 8.40.100, constitute a lien and assessment upon the real property.

(Prior code § 3437.3)

All fees and all costs that have been rendered a lien and assessment by the board of supervisors shall be included on the real property tax bills and collected along with and in the same manner as real property taxes and shall become delinquent at the same time as unpaid taxes.

(Prior code § 3437.4)

All assessments, costs and fees shall be credited to a special trust fund to be used exclusively for the purposes of this chapter. All expenses of the county for services rendered pursuant to this chapter shall be charged to the special trust fund.

(Prior code § 3437.5)

A. The operation and monitoring of the county septage disposal facilities (hereafter facilities) shall be as outlined under the California Regional Water Quality Control Board Order No. 77-279, as effective on November 18, 1977 for the regional facility near the city of Anderson and Order No. 87-100, dated July 21, 1987, for the Fall River Mills service area facility. The provisions of the orders are incorporated herein by reference as though set forth in full. Copies of the orders shall remain on file in the office of the clerk of the board of supervisors and the department of public works and the environmental health office.

B. A uniform use fee sufficient to cover the cost of operation and maintenance of the facilities, including annual capital recovery of the cost of improvements, shall be established by resolution of the board of supervisors and shall be reviewed at least annually by the director of public works. The fees shall be paid to the department of public works, based upon information received from the department of public health through the registration procedures for septic tank pumpers set forth in Chapter 6 (commencing with section 25000) of Division 20 of the Health and Safety Code.

C. Unless authorized by the health officer or the director of public works or the representative of either, no person shall enter upon the grounds of any facility or deposit or place any substance or matter upon the grounds of any facility. No person shall discharge any substance other than domestic sewage sludge without prior written approval of the health officer.

D. The director of public works is authorized to require any person using the county septage disposal facilities to enter into an agreement with the county setting forth the conditions for use of those facilities.

(Ord. 93-11 § 1, 1993; Ord. 494-333 § 1, 1988: Ord. 494-329 § 1, 1987: prior code § 3438)

It shall be the duty of the county health officer to enforce the provisions of this chapter, and the county health officer, or his duly authorized representative is hereby empowered to enter at any reasonable hour any premises necessary in the enforcement of this chapter.

(Prior code § 3439)

A violation of any provision of this chapter is a misdemeanor.

(Prior code § 3440)