Shasta County Municipal Code Ch. 8.41 Onsite Wastewater Treatment Systems, Septage Pumpers, and Septage…

It is the intention of the board of supervisors of the county of Shasta 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 California Health and Safety Code and Chapter 4.5, Division 7 (commencing with section 13290) of the California Water Code to protect public health, the environment, and general welfare of its citizens.

(Ord. No. 2017-02, § I, 7-25-2017)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

"Abandon" means to discontinue the use of a portion or entire onsite wastewater treatment system.

"Adopted state policy" means the Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems adopted by the State Water Resources Control Board on June 19, 2012 as it may be amended from time to time.

"Costs" mean the total expense, including county administrative costs, of repairing or abating a failing onsite wastewater treatment system.

"Director" means the Director of Environmental Health for the County and his/her duly authorized representative. For purposes of this Chapter, the Director serves as the County Health Officer.

"Drainage line" or "drainage facility" means a sewer line or graywater line exiting a structure.

"Failure" or "failing" means the ineffective treatment and dispersal of waste resulting in the surfacing of raw or inadequately treated sewage effluent and or the degradation of surface or groundwater quality.

"Fee(s)" means the total charge for county services, including administrative costs, to evaluate, permit, test, monitor, inspect, and conduct enforcement activities related to an onsite wastewater treatment system.

"Graywater"—Graywater shall have the meaning ascribed to it by California Health and Safety Code Section 17922.12, as it may be amended from time to time For purposes of this Chapter Graywater also means a non-potable water reuse system.

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

"Holding tank" means a watertight receptacle used to collect and store wastewater prior to it being removed from a property by means of a licensed septage pumper/hauler or other method approved by the director.

"Local agency management program" or "LAMP" means that document prepared by Shasta County to comply with the tiered, adopted state policy as it may be amended from time to time.

"Nuisance condition" means any condition of an onsite wastewater treatment system resulting in odors, vector infestation, or other objectionable or offensive condition, as determined by the director.

"Onsite wastewater treatment system" or "OWTS" means individual treatment and dispersal systems, community treatment and dispersal systems, and alternative treatment and dispersal systems that collect and treat wastewater for subsurface dispersal. The short form of the term may be singular or plural. OWTS do not include "graywater" systems pursuant to California Health and Safety Code section 17922.12. Daily wastewater flows up to ten thousand gallons per day are regulated by this Chapter. Flows greater than ten thousand gallons per day are regulated by the Central Valley Regional Water Quality Control Board.

"Onsite wastewater treatment system construction permit" or "OWTS construction permit" means that document authorizing the holder to construct, repair, expand, modify, or abandon a specific onsite wastewater treatment system at a specific location.

"Onsite wastewater treatment system operating permit" or "OWTS operating permit" is required of any OWTS that includes, but is not limited to, a supplemental treatment system. This means that construction of an OWTS has been authorized and completed and, due to its complexity, specific inspections, maintenance, and monitoring is required to maintain the supplemental treatment system in designed operating condition. An OWTS operating permit is issued by the Director with specific conditions detailing the necessary inspections, maintenance, and monitoring required for that supplemental treatment system.

"Person" means an individual, company, or other entity that has legal rights and is subject to obligations.

"Registered septage pumper or hauler" is a person who holds an unrevoked registration issued by the director for the purpose of cleaning septage from septic tanks and chemical toilets and to dispose of the cleanings at the County septage facilities pursuant to California Health and Safety Code Sections 117400—117450 as they may be amended from time to time.

"Septage" means the partially treated and settled solid and liquid material cleaned or removed from septic tanks or chemical toilets by septic pumper trucks. Septage includes settled solids, fats, oils, grease, and other floating materials, and liquid.

"Septic tank effluent" means the mostly liquid portion remaining after settling and removal of a majority of the solid portion (septage) of sewage in a septic tank. Along with biological organisms, some small amounts of solid material and fats/oils/grease remain in the effluent.

"Sewage" means waste material (such as human urine and feces) and other refuse matter that is carried away from homes and other buildings in a system of pipes. (See also Wastewater)

"Structure or building" means something built, constructed, or intended to be used for residential, commercial, industrial, and other uses. Structure may include permanent, temporary, fixed, natural, and mobile uses.

"Supplemental treatment system" is a component of an OWTS that provides treatment of effluent beyond the basic treatment received in a septic tank.

"Technical guidance document(s)" means document(s) prepared to assist the community in complying with the requirements and prohibitions of the LAMP. The technical guidance document(s) may be amended by the director as needed.

"Wastewater" for purposes of this chapter means sewage or that liquid discharge from the drainage system of a building, or other structure, that consists of water, feces, urine, food scraps, chemicals, oils, soaps and cleansers, microorganisms, and other related materials. Wastewater may include graywater.

(Ord. No. 2017-02, § I, 7-25-2017)

Standards for the siting and design of onsite wastewater treatment systems shall be set forth in the LAMP for onsite wastewater treatment systems. The LAMP may be revised, as needed, with the approval of the board of supervisors of the county of Shasta and the Central Valley Regional Water Quality Control Board.

(Ord. No. 2017-02, § I, 7-25-2017)

Except as provided elsewhere in this section, the director is designated as the enforcing officer. The director shall implement and enforce this chapter throughout Shasta County, including the incorporated cities. The director shall coordinate the permitting of onsite wastewater treatment system with each city, as applicable.

The public works director or their designee is designated the enforcing officer of Section 8.41.210 of this Chapter.

(Ord. No. 2017-02, § I, 7-25-2017)

The discharge of untreated or partially treated sewage or septic tank effluent directly or indirectly onto the ground surface or into surface waters or groundwater constitutes a public health hazard and is prohibited. No person shall occupy or use any structure when an onsite wastewater treatment system is required for its intended use unless and until a functioning onsite wastewater treatment system has been constructed and installed pursuant to a valid onsite wastewater treatment system construction permit. A separate permit is required for each installation. The applicant shall demonstrate that there is adequate area on the property to install the system and adequate reserve area on the property that complies with the requirements of the LAMP and technical guidance document(s) requirements. No person shall occupy or use any structure equipped with an onsite wastewater treatment system that is not permitted, not functioning, that creates or causes a health hazard or nuisance condition, or is otherwise in violation of an onsite wastewater treatment system operating permit.

The director may revoke a permit or approval issued pursuant to this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.

(Ord. No. 2017-02, § I, 7-25-2017)

Graywater shall be discharged to a properly permitted, functioning, and approved onsite wastewater treatment system unless a graywater system has been constructed pursuant to a valid permit from the Shasta County Building Division or applicable city building department. Graywater systems must meet all applicable setbacks required for dispersal systems in the LAMP.

(Ord. No. 2017-02, § I, 7-25-2017)

A. No person shall construct, maintain, operate, use, or cause or permit a discharge from any onsite wastewater treatment system which causes or is likely to cause:

1. Sewage overflowing any lands whatever;

2. Sewage surfacing from any onsite wastewater treatment system, seepage pit, or other pit or trench;

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

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

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

B. A failing onsite wastewater treatment system shall be brought into compliance with this code. If any failure, malfunction, or breakdown of any onsite wastewater treatment system is not corrected within a timeframe designated by the director, the director may order or cause corrections to be made pursuant to Chapter 8.28 of this code.

(Ord. No. 2017-02, § I, 7-25-2017)

A. A new structure, or a structure served by an onsite wastewater treatment system deemed to be failing by the director, shall be connected to public sewer where available as provided by law, regulation, or policy and where the local authority having jurisdiction over the use and operation of the sewer system authorizes connection to the system.

B. Subdivision A of this section does not apply to a replacement onsite wastewater treatment system where the connection fees and construction cost are greater than twice the total cost to replace the onsite wastewater treatment system and the director determines that the discharge from the onsite wastewater treatment system will not affect groundwater or surface water in a manner that will present a threat to public health or safety or will not constitute a nuisance.

(Ord. No. 2017-02, § I, 7-25-2017)

No person shall construct, repair, expand, modify, or abandon an onsite wastewater treatment system without a valid OWTS construction permit from the director. The permit, once issued, shall be valid for a period of two years.

(Ord. No. 2017-02, § I, 7-25-2017)

It shall be unlawful for any person to connect a drainage line to or use an onsite wastewater treatment system unless the Director has permitted and approved that system.

(Ord. No. 2017-02, § I, 7-25-2017)

No person shall operate an onsite wastewater treatment system with supplemental treatment without an onsite wastewater treatment system operating permit. A condition of the permit shall be that the owner of the property execute a notice of permit conditions for onsite wastewater treatment system operating permit which shall be recorded on the property.

(Ord. No. 2017-02, § I, 7-25-2017)

An onsite wastewater treatment system operating permit may be revoked or suspended if the system is not operating properly, is allowing sewage, human excrement, or other liquid waste to be discharged to the ground surface or surface or groundwater, if the property owner of record has failed to maintain, monitor, or allow inspections of the system, or if the system is being operated or maintained in violation of any terms of its operating permit. An onsite wastewater treatment system operating permit that has been revoked or suspended may be reinstated if the owner has obtained all necessary permits and completed repairs, alterations, or required maintenance of the system that returns the system to proper function. As a condition of the reinstatement process, the owner shall pay all the county's costs and expenses incurred to investigate and process the revocation or suspension and reinstatement of the permit, including any fees that may be established by the board of supervisors of the county of Shasta.

(Ord. No. 2017-02, § I, 7-25-2017)

When a property owner discontinues the use of an onsite wastewater treatment system by connecting to public sewer, when use of the onsite wastewater treatment system is prohibited by the director, or by other actions by the county or state, the onsite wastewater treatment system shall be abandoned, under permit and inspection from the director within thirty days from the date the system or system component is abandoned. As used in this section, abandonment means to "destroy" by having the property owner (1) employ a registered septage pumper/waste hauler to remove the contents from the abandoned septic tank or holding tank, (2) having the top and bottom of the tank perforated, and (3) having the component filled with sand, gravel, or other clean fill material.

(Ord. No. 2017-02, § I, 7-25-2017)

A schedule of fees including, but not limited to, fees for permits, inspections, monitoring, observing, sampling, testing, and evaluating compliance with the terms of this chapter shall be established by the county of Shasta.

(Ord. No. 2017-02, § I, 7-25-2017)

A. Except as otherwise provided herein, an onsite wastewater treatment system shall be installed on the same parcel of land upon which the waste is generated (the project parcel). On existing parcels, when a property owner can demonstrate to the satisfaction of the director that the project parcel cannot support an onsite wastewater treatment system but land immediately adjoining the project parcel can support an onsite wastewater treatment system and is the only viable method of wastewater treatment and dispersal, with the written consent of the adjoining parcel owner, an onsite wastewater treatment system may cross property lines.

B. The director may impose conditions of approval for systems which are approved pursuant to this section which may include, but not be limited to:

1. A recorded permanent utility easement and covenant against conflicting uses, in a form approved by the county, The easement must accommodate and include that part of the system, including required setbacks therefrom, which lies beyond the property line of the parcel generating liquid waste, and must allow entry to install, maintain, and repair the onsite wastewater treatment system and prohibit that portion of the adjoining parcel from being put to a conflicting use; and

2. The easement area of the adjoining parcel must be contiguous to the parcel generating the liquid waste; and

3. The owner(s) of both parcels shall execute and record a notice of permit conditions for the onsite wastewater treatment system operating permit.

4. Soil test results must show that the site meets or exceeds the minimum soil requirements for the construction of an OWTS.

5. Any other condition necessary to protect the public health and safety.

(Ord. No. 2017-02, § I, 7-25-2017)

The director may allow the temporary use of a holding tank to assist in abating a nuisance or health hazard caused by a failing or malfunctioning onsite wastewater treatment system. An existing in-place septic tank may serve as a holding tank by capping the outlet of the tank to prevent any discharge from the tank. Holding tanks shall be pumped out by a registered septage pumper/hauler before they fill and overflow. Except for the above use, a holding tank may not be used in place of a permitted, properly functioning onsite wastewater treatment system. An operating permit issued by the director will be required, which will provide for the identification of the tank pumper, maintenance schedule, tank sewage level monitoring, reporting requirements, and applicable fee.

Portable toilets are intended to serve non-residential, limited use activities, such as special events, temporary construction sites, and legal field labor operations where connection to a public sewer or onsite wastewater treatment system is not practicable. It is not the intent of this chapter to regulate portable toilets—a portable toilet is not an alternative to a permitted and properly functioning onsite wastewater treatment system or connection to a public sewer.

(Ord. No. 2017-02, § I, 7-25-2017)

Operation and maintenance guidelines, including as-built drawings noting the location of all system components, for each onsite wastewater treatment system installation shall be provided by the system designer and/or installer to the system owner upon completion of installation, with a copy provided to the director.

(Ord. No. 2017-02, § I, 7-25-2017)

Pursuant to applicable Sections of the California Health and Safety Code (Sections 117400—117450 as they may be amended form time to time), it is unlawful for any person to clean septic tanks or chemical toilets or to dispose of the septage cleanings therefrom unless he or she or the business is registered to conduct such business with the director.

(Ord. No. 2017-02, § I, 7-25-2017)

The board of supervisors of the county of Shasta shall set a fee for annual inspections and registrations of each septic tank pumper/hauler vehicle and/or business.

Any registration may be revoked by the director for failure to comply with the applicable Health and Safety Code sections, failure to provide a registration application/fee, and/or failure to provide the lists as required in Subsection 8.40.145.

(Ord. No. 2017-02, § I, 7-25-2017)

At least quarterly, as a condition of registration, each registered septage pumper shall submit to the director a list, by complete street address, of the location of every septic tank pumped along with any other required information.

(Ord. No. 2017-02, § I, 7-25-2017)

A. A fee for the use of the county septage disposal facility shall be established by resolution of the board of supervisors of the county of Shasta.

B. Unless authorized by the director of public works or his/her designee, no person shall enter upon the grounds of any septage disposal facility or deposit or place any substance or matter upon the grounds of any septage disposal facility.

C. No person shall discharge any substance to the county septage disposal facilities other than domestic sewage sludge without prior written approval of the director of public works. No person shall discharge any substance to the county septage disposal facilities, including domestic sewage sludge, which was generated outside of Shasta County without prior written approval of the director of public works.

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

(Ord. No. 2017-02, § I, 7-25-2017)

A. Any person violating any provision of this chapter of the Shasta County Code shall be guilty of a misdemeanor.

B. This chapter is a regulatory provision necessary for the protection of the public health, welfare and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent.

C. A violation of any provision of this chapter constitutes a public nuisance. This chapter is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Shasta County Code.

(Ord. No. 2017-02, § I, 7-25-2017)