Sonoma County Municipal Code § 24-35 Abatement and enforcement

(a) The director of the permit and resource management department may from time to time adopt and promulgate standards for on-site septic disposal systems. After July 1, 2023, amendments to these standards shall become effective after the board of supervisors approves the amendments via resolution.

(b) The permit and resource management department director shall issue on-site septic disposal system permits pursuant to chapter 7, section 7-5, for systems that meet the standards adopted pursuant to this section.

(c) Sea Ranch: OWTS in the area governed by Ordinance 3904 (enacted by County Service Area 41, Sea Ranch Zone 2, former County Service Area 6, Zone 2) are subject to the standards adopted pursuant to this section. The rights and duties of the health department in Ordinance 3904 shall instead be the rights and duties of the permit and resource management department. County permitting fees for OWTS shall apply in County Service Area 41, Sea Ranch Zone 2, but charges for operational permits issued pursuant to section 24-33 shall be governed by Ordinance 3905 (enacted by County Service Area 41, Sea Ranch Zone 2, former County Service Area 6, Zone 2). Notwithstanding anything to the contrary in Ordinance 3904 (enacted by County Service Area 41, Sea Ranch Zone 2, former County Service Area 6, Zone 2) the enforcement provisions of this chapter are applicable in the area governed by Ordinance 3904.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

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

(a) "OWTS" means individual dispersal systems, community collection and dispersal systems, and alternative collection and dispersal systems that use subsurface dispersal. The short form of the term may be singular or plural. OWTS do not include "graywater" systems pursuant to the Health and Safety Code Section 17922.12. Commonly referred to as septic system(s).

(b) "Supplemental treatment" means any OWTS or component of an OWTS, except a septic tank or dosing tank, that performs additional wastewater treatment so that the effluent meets a predetermined performance requirement prior to discharge of effluent into the dispersal field.

(c) "Use" or "utilization" includes connecting or allowing a system to remain connected to a dwelling or other structure containing plumbing fixtures.

(d) "Operational permit" means a permit issued for the operation of an OWTS, where required by Section 24-33. The operational permit shall be a separate permit from the OWTS permit required by Section 24-31.5.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

(a) No person, firm, corporation or other entity shall use, or cause or allow the use of, any OTWS utilizing supplemental treatment unless a valid operational permit is in effect for such use. Use of an OTWS utilizing supplemental treatment without a valid operational permit or with a revoked operational permit is a public nuisance per se.

(b) The board of supervisors shall establish a fee or schedule of fees for operational permits, to be collected by the director of permit and resource management department.

(c) Upon payment of all fees and submission of an application which demonstrates to the director of permit and resource management department's satisfaction that the system meets the standards adopted pursuant to this chapter and will not significantly risk an adverse effect on ground or surface waters, or upon the public health, and will not risk a significant effect upon the environment, an operational permit shall be issued. Based on the compliance history for the OWTS and the operational permit, the permit resources management department director may require inspections every one (1), two (2), or three (3) years.

(d) The director of permit and resource management department or his duly authorized representatives shall be granted a right to come on to the property of grantor and to bring associates and employees of the regional water quality control board to inspect and to monitor the OTWS utilizing supplemental treatment when needed. The right of access to the property to inspect and to monitor the OTWS utilizing supplemental treatment shall be conveyed to the county of Sonoma in the form of a recorded easement. The director of permit and resource management department or his duly authorized representative may release the easement upon determination that connection to public sewer is made or when determined the easement is no longer required

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

(a) Any OWTS permit or operational permit issued pursuant to this article may be revoked by the director of the permit resources management department based upon findings that the system is in violation of this chapter, after providing fourteen (14) days prior notice to the permittee, which shall be served by certified mail or in person at the latest place of residence or of business reported by the permittee. Prior to the end of the fourteen (14) day notice period, the permittee must request a hearing if the permittee contests revocation. The permittee's hearing request must state in full all objections to revocation, and all objections not stated are waived. If a permittee requests a hearing, the director's decision whether to revoke shall be based on the evidence presented at the hearing.

(b) If a non-compliant OWTS utilizing supplemental treatment is a risk to public health or the environment, or has been non-compliant with the requirements of this chapter for more than one (1) year, then the county may revoke any permit for a structure or use that utilizes or depends upon the non-compliant OWTS, utilizing the revocation procedure for the structure or use.

(c) A revoked OWTS permit or operational permit may be reinstated if the director of permit and resource management department determines that the violation has been cured, or a remedial plan to address the violation has been approved, and all costs of enforcement, including attorney fees, reinspection fees, and any of the costs described in Section 24-35 have been paid.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

The county may refuse to issue any discretionary or ministerial permit, license, variance, or other entitlement, which is sought pursuant to this code, including but not limited to zoning clearance for a building permit, where the property upon which the permit, license, variance, or other entitlement is proposed is in violation of this chapter.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

Administrative abatement to remedy violations of this article shall be conducted pursuant to Chapter 1 of this code. In any action, judicial or administrative, to enforce any provision of this code relating to on-site sewage disposal, the county may recover all of its costs of enforcement, including, but not limited to, any administrative overhead, salaries, and expenses incurred by the following departments: Department of health services, permit resources management department, county counsel, and/or District Attorney. All such costs, if unpaid, may be enforced via a lien upon the property upon which the system is located. The director may issue a notice to vacate pursuant to Section 1-7.3(b) for violation of this article with or without an abatement order pursuant to Section 1-7.3(a).

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

The provisions of this article are in addition to any other requirement for a permit for construction, alteration, or repair of a septic system.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

(a) No person, firm, corporation, or other entity shall sell for use in Sonoma County, install, or cause or allow such sale or installation of any septic tank that does not meet or exceed current International Association of Plumbing and Mechanical Officials (IAPMO) material and property standards.

(b) For purposes of this article, a septic tank is a water-tight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention and allow the liquids to discharge into the soil outside of the tank through a system of open joint piping or a seepage pit meeting the applicable requirements of the California Plumbing Code.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

No person, firm, corporation or other entity shall use or cause or allow the use of property above any septic tank (or container amenable for use as a septic tank but used as a sump, water tank or other water-tight underground receptacle) to support the weight of any object, including, but not limited to, motor vehicles, trailers, boats, improvements upon the property, construction materials, construction equipment, or any combination thereof, with a gross weight exceeding one thousand (1,000) pounds. Temporary weight loads in excess of what is permitted herein may be authorized by the Sonoma County permit and resource management department to the extent that adequate mitigating measures distributing the weight load upon the septic tank may be feasible and given prior approval by said agency.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)