Trinidad Municipal Code Ch. 13.12 On-Site Wastewater Treatment System

Article I. General Provisions

13.12.380 Maintenance schedule.

The Trinidad city council hereby finds the following:

A. On-site wastewater treatment systems (OWTS) or septic systems are prone to failure with age, out-moded design, overuse or improper installation, repair and maintenance; many of the OWTS within the city of Trinidad are old and not to current standards.

B. OWTS failure poses a risk to public health, safety and welfare and a potential contamination source to the surface waters, ground water and the ocean waters within or adjacent to the city of Trinidad.

C. A centralized sewer system is undesirable for Trinidad because of growth-inducing impacts and unfeasible due to the high costs of land, construction and maintenance.

D. OWTS are a cost-effective and long-term option for meeting public health and water quality goals and standards as long as they are adequately managed.

The purpose of this chapter is to assure all OWTS in Trinidad are properly operated, regularly inspected, routinely maintained and monitored to prevent poorly functioning or failed systems and to establish a basis for an OWTS management program that will supplement this chapter with specific policies and implementation measures consistent with the purposes of this chapter. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:01, 2008].

This chapter shall apply to all territory embraced within the incorporated limits of the city of Trinidad, county of Humboldt, state of California. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:02, 2008].

California Water Code Sections 13290 through 13291.7 and California Health and Safety Code Sections 5410 through 5416. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:03, 2008].

This chapter shall not be construed as imposing upon the city any liability or responsibility for damage resulting from the defective installation, repair, inspection or maintenance of any sewage disposal system or part thereof as herein provided, nor shall the city or any official, employee or city-designated contractor thereof be held as assuming any such liability or responsibility by reason of the inspections or work authorized herein. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:04, 2008].

Unless the context otherwise requires, the definitions set forth in Appendix A of the ordinance codified in this chapter, as may be amended from time to time, shall be used in the interpretation and construction of this chapter. Words used in the present tense include the past and future. The singular number shall include the plural, and the plural shall include the singular. The word “shall” is mandatory. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:05, 2008].

Every person owning any building designed or used for human occupation, including residential, commercial and public buildings, shall be required to provide and maintain a properly functioning OWTS. An OWTS shall provide for the disposal of sewage in a manner that does not create a public health hazard and does not degrade surface or

ground water quality. All OWTS, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition at all times. The owner shall be responsible for the maintenance of such systems. Where permitted, an OWTS shall be provided for each building designed for human occupation, except that a group of legally established, detached buildings, occupying land under one or more ownerships and having a legally shared area in common, may be serviced by a single individual sewage disposal system designed to meet those collective needs. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:06, 2008].

It is unlawful for any person to connect to, construct, repair, replace, reconstruct, maintain, or use any OWTS in this jurisdiction except as provided for in this chapter and unless an applicable sewage disposal permit from the health officer and/or operating permit from the OWTS administrator is obtained. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:07, 2008].

The city council, in a manner prescribed by law, may by resolution establish and alter fees, deposits and/or charges for receiving applications, holding hearings thereon, reviewing plans and specifications, reviewing inspection reports, monitoring OWTS and water quality and issuing permits, and for performing any other service for maintaining and administering the OWTS management program established pursuant to this chapter. Said fees shall be sufficient to offset the cost of implementing the Trinidad OWTS program, including monitoring. Operating permit(s) shall not be valid unless such fees have been paid. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:08, 2008].

The position of Trinidad health officer is hereby established to enforce the Trinidad sewage disposal regulations. This is the technical position of the Trinidad OWTS program. The health officer shall be responsible for establishing regulations (TMC 13.12.110), enforcing regulations in conjunction with the building official, for advising the OWTS administrator (TMC 13.12.100) on technical issues and those relating to public and environmental health and safety, and to ensure that all installations, repairs, modifications and other activities related to OWTS are in compliance with state law, the North Coast Basin Plan and this chapter. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:09, 2008].

The position of OWTS administrator is hereby established to enforce the provisions of this chapter. The city OWTS administrator shall be responsible for coordinating activities between the city, the health officer, the qualified service provider, and the property owner, for keeping a list of verified qualified service providers, for receiving and reviewing permit applications, OWTS owner/user questionnaires and inspection reports, for upkeep of the database, for issuing operating permits and for assuring provisions of this chapter are being met or taking the necessary steps to assure the purposes of this chapter are being met. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:10, 2008].

The health officer shall issue such regulations as deemed necessary to carry out the provisions of this chapter. The sewage disposal regulations issued by the health officer under this section shall become effective when adopted by resolution of the city council and shall be incorporated into this chapter as Appendix C. Regulations issued under this section may be amended from time to time by the health officer after resolution by the city council. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:11, 2008].

This chapter shall be supplemented with guidelines to aid in the interpretation and implementation of the ordinance and to allow for adaptive management of the OWTS program. The guidelines shall become effective when adopted by resolution of the city council and shall be made a part of this chapter as Appendix B. Guidelines issued pursuant to this section may be amended from time to time as needed by staff after city council approval to provide clarification to these ordinance provisions. [Ord. 2010-03, 2010; Ord. 2008-03 § 1:12, 2008].

Article II. Specific Provisions

Construction related activities for development are to occur in a manner that does not impact the integrity of the primary or reserve sewage disposal areas. [Ord. 2010-03, 2010; Ord. 2008-03 § 2:01, 2008].

All new and modified OWTS and repairs shall be required to receive approval from the health officer for a suitable 100 percent reserve leach field area unless an exception is granted by the health officer. As part of any application for design review, coastal development permit or any other discretionary permit, the applicant may be required to receive approval for a suitable 100 percent reserve area at the discretion of the health officer. Parcels with less than 100 percent reserve area shall be regulated as nonstandard systems. [Ord. 2010-03, 2010; Ord. 2008-03 § 2:02, 2008].

All new OWTS shall be required to install risers at grade at all access points and an effluent filter as part of the construction. All existing OWTS shall be required to be equipped with risers at all access points and an effluent filter prior to, or at the time of, the first scheduled performance inspection (Article IV of this chapter) as dictated by the OWTS operating permit. The OWTS administrator or health officer can issue exceptions for existing systems in cases where risers would be inappropriate or infeasible as long as the OWTS is reasonably accessible. [Ord. 2010-03, 2010; Ord. 2008-03 § 2:03, 2008].

All roof drainage downspouts on buildings shall be directed in such a manner that runoff does not negatively impact the function of any OWTS. [Ord. 2010-03, 2010; Ord. 2008-03 § 2:04, 2008].

Landscaping shall not be allowed to interfere with OWTS components, including the tank and leach field area. If vegetation is found to be interfering with the performance of any OWTS component(s), the OWTS administrator or health officer may order such vegetation to be removed from the area of concern. [Ord. 2010-03, 2010; Ord. 2008-03 § 2:05, 2008].

As part of the approval of any coastal development permit for development that affects the OWTS as determined by the OWTS administrator, the property owner(s) shall be required to record a statement on the deed, in a form approved by the city attorney, indicating that any increase in the number of units or bedrooms above that approved by the city, or in excess of the design capacity of the OWTS, will require city approval of adequate sewage disposal capabilities. Deed restrictions should be revised to reflect any system modifications. [Ord. 2010-03, 2010; Ord. 2008-03 § 2:06, 2008].

Prior to the approval of any subdivision or lot line adjustment, the applicant must apply for and obtain approval from the health officer for the design of an OWTS for each lot adequate for the use for which the property is designated. [Ord. 2010-03, 2010; Ord. 2008-03 § 2:07, 2008].

Article III. Sewage Disposal Permits

No person shall construct, reconstruct, or undertake any repair, addition, or modification of any OWTS or any portion thereof on any property within the city limits without having first obtained a permit to do so from the health officer. This provision shall not apply to emergency work necessary due to the immediate failure of an existing system, when it shall be proved to the satisfaction of the health officer that such work is urgently necessary and that it is not practical to obtain a permit before commencement of the work. In all such cases, prior approval shall be obtained from the health officer, and an application for permit must be submitted within three business days after commencement of the work. Minor maintenance, as defined in Appendix A, may be made without permit. [Ord. 2010-03, 2010; Ord. 2008-03 § 3:01, 2008].

Each application for a permit to construct or repair an OWTS shall be made on a sewage disposal permit application form provided and/or approved by the health officer and accompanied by the appropriate fee as set forth by the city council per TMC 13.12.080. The city clerk shall be responsible for receiving applications and forwarding them to the health officer. The application shall not be considered complete until all the information requested by the city clerk and/or health officer has been submitted. The health officer may require changes to the proposed design of a system in order to conform to applicable regulations. The health officer shall approve or deny an application within 60 days of a complete application submittal. A written record of the health officer’s decision shall be provided to the applicant. Appeals shall be in accordance with TMC 13.12.550. A permit to construct or repair shall expire if work has not started within one year of permit approval and/or has not passed final inspection within two years of permit approval, unless an extension is granted by the health officer. [Ord. 2010-03, 2010; Ord. 2008-03 § 3:02, 2008].

All OWTS within the city limits shall be designed by a qualified professional as deemed adequate by the health officer. All work done pursuant to a sewage disposal permit shall be done by or under the supervision of a person holding an appropriate license or other qualification, such as a contractor, pursuant to state law. [Ord. 2010-03, 2010; Ord. 2008-03 § 3:03, 2008].

The siting, design and construction of new, and the repair and modification of existing OWTS, shall be in accordance with current standards of the Trinidad sewage disposal regulations and criteria of the North Coast Regional Water Quality Control Board Basin Plan. Repairs and modifications that do not bring the entire OWTS up to current standards, but which increase conformance or improve performance, shall be allowed at the discretion of the health officer in accordance with the Trinidad sewage disposal regulations, this chapter, and the OWTS program guidelines. [Ord. 2010-03, 2010; Ord. 2008-03 § 3:04, 2008].

In addition to any inspections performed by the designer, all work for which a construction/repair permit is required shall be subject to, at the minimum, a final inspection by the health officer or his representative in order to determine if such work conforms to the approved application, plans and specifications. Additional inspections during construction may be required at the discretion of the health officer. All such work shall remain accessible and exposed for inspection purposes until inspected and approved and it shall be the responsibility of the owner or authorized agent to assure that required inspections are obtained. Should such work not be accessible for inspection, neither the city nor its employees and officers shall be liable for the expense entailed in the removal or replacement of any material required to allow inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or other laws, ordinances or regulations. In the event that the health officer determines that there has been an improper installation or repair or other work on an OWTS, a stop work order may be posted on the job site. Before any further work is done on the site, clearance from the health officer must be obtained. [Ord. 2010-03, 2010; Ord. 2008-03 § 3:05, 2008].

Article IV. Performance Inspections

All existing OWTS three years or older at the time this chapter is adopted, and which have not had an inspection within the last three years, shall be subject to an initial onsite inspection, in accordance with this chapter and the OWTS inspection report form as approved by the health officer and/or OWTS administrator, by a qualified service provider at the expense of the OWTS owner/user. Initial inspections shall be conducted in the same manner as performance inspections. [Ord. 2010-03, 2010; Ord. 2008-03 § 4:01, 2008].

Initial inspections for all OWTS over three years of age within city limits shall be completed by December 31, 2008. For existing systems less than three years of age, an initial inspection shall be required within 90 days of the system becoming three years old (from the time of final inspection when installed), or December 31, 2008, whichever is later. For those systems that were inspected prior to the adoption of this chapter under the city’s early bird special, initial inspections shall be completed within three years and six months after the date of the early bird inspection. [Ord. 2010-03, 2010; Ord. 2008-03 § 4:02, 2008].

A standard OWTS inspection report form and OWTS owner/user questionnaire shall be developed by the OWTS administrator and a record maintained by the city for each OWTS inspected. This form shall include information regarding the condition of the system and changes that have occurred since the last inspection and any other pertinent information. The property owner shall provide the OWTS administrator and/or qualified service provider with any pertinent information that the property owner (or their septic pumper or installer) has regarding the use, age, location, maintenance history, design, etc., of the OWTS as part of the OWTS owner/user questionnaire. The OWTS inspection report shall be completed by the qualified service provider at the time of initial or performance inspection; the property owner shall be provided a copy of this report. Using inspection data and other available information, the city shall develop and maintain a database of all OWTS within the city limits. [Ord. 2010-03, 2010; Ord. 2008-03 § 4:03, 2008].

Performance inspections shall be conducted by a qualified service provider at the expense of the owner and in the same manner as the initial inspection to check the performance of the system relative to normal operating criteria, public health and water quality standards as outlined in this chapter and the OWTS guidelines (Appendix B) and in accordance with the OWTS inspection report form. Such inspection shall be arranged by the owner with a qualified service provider within 30 days of the date stipulated in the operating permit (Article V of this chapter). If pumping is also required, these inspections shall be conducted prior to, or at the time of, pumping as determined by the maintenance schedule provided in the operating permit (Article V of this chapter). Results shall be provided to the city and to the owner. Results may be appealed in accordance with the appeal procedures of TMC 13.12.550. [Ord. 2010-03, 2010; Ord. 2008-03 § 4:04, 2008].

A water quality monitoring program shall be developed as part of the city’s OWTS management program. The city shall maintain a monitoring program and quality assurance project plan (QAPP), and make it available to the public. Where an inspection indicates that an OWTS is not functioning properly or water quality sampling indicates that there may be a problem, sampling wells may be required to be installed by the property owner in and around an OWTS as part of the issuance and terms of an operating permit. If deemed necessary by the OWTS administrator, water samples shall also be collected and analyzed as part of a performance inspection. [Ord. 2010-03, 2010; Ord. 2008-03 § 4:05, 2008].

During a performance inspection, the qualified service provider shall determine whether the OWTS adversely affects the public health and environment or violates any other applicable rules or regulations. This evaluation shall be detailed enough to determine whether the OWTS structure and its operational status are in substantial conformance with the standards of this chapter, the city’s OWTS management program guidelines and the North Coast Regional Basin Plan and other applicable laws and regulations. OWTS repairs and modifications may be required if the OWTS administrator or health officer determines that the OWTS is not functioning or performing in accordance with this chapter and/or the city’s overall OWTS management program or other applicable laws and regulations. Guidance for performance standards shall be provided in Appendix B, Guidelines, attached to the ordinance codified in this chapter. [Ord. 2010-03, 2010; Ord. 2008-03 § 4:06, 2008].

OWTS shall remain accessible at all times. The owner shall maintain the OWTS so that it is readily accessible for inspection and maintenance. The placement of structures, swimming pools, patios, driveways, or other impervious surfaces over the septic tank or leach field is prohibited. Exceptions for unusual circumstances and existing systems may be considered by the health officer and/or OWTS administrator. [Ord. 2010-03, 2010; Ord. 2008-03 § 4:07, 2008].