Yuba County Municipal Code Art. 2 General Requirements

The requirements of this Article shall apply to all on-site sewage treatment, conveyance, and disposal systems in Yuba County. For on-site systems approved under permit from the Department prior to the adoption of this Article, the conditions for system siting, design, construction, operation, maintenance, and monitoring approved at that time shall apply.

(Ord. No. 1571)

A. The Yuba County on-site sewage manual shall govern the siting, design, installation, component quality, operation, monitoring, and maintenance of on-site sewage systems in Yuba County. Copies will be maintained and made available to the public at the Department's office and on the Department's website.

B. The Yuba County on-site sewage manual shall become effective upon the date of adoption of this Ordinance Chapter 7.07 Onsite Sewage Disposal by the Yuba County Board of Supervisors (Board). The Department, based on observed need or on recommendation by the Wastewater Advisory Committee, may propose modifications to the on-site sewage manual. Minor administrative changes to the on-site sewage manual can be made by the Wastewater Advisory Committee. When technical changes are proposed to the on-site sewage manual, the changes shall be presented to the Board for adoption as an amending resolution.

C. If there is a conflict between the on-site sewage manual and the ordinance, the ordinance shall take precedence.

(Ord. No. 1571)

1. No person shall treat or dispose of sewage in any manner other than by an approved on-site sewage system, cluster system, public sewer system or other method meeting the standards set forth in this Article or the on-site sewage manual (manual).

2. Every standard OWTS approved after the effective date of this Article shall be sited and designed so as to have a minimum vertical separation of 48 inches of defined effective soil with a percolation rate between six minutes per inch and 60 minutes per inch. For sites that do not meet these criteria, acceptable alternative systems designs are identified and described in the manual.

3. Advanced/alternative OWTS approved after the effective date of this article shall be subject to the operation, maintenance, and monitoring program as specified in the manual.

4. No person after the effective date of this Article shall construct, operate or maintain an OWTS or cluster system that does not comply with the requirements of this Article, the conditions specified in the on-site system construction permit, and the requirements outlined in the manual.

5. No person shall operate a failing OWTS.

6. No person shall connect any structure to an existing OWTS where the total projected sewage flow would be greater than the design flow specified in the original on-site system construction permit or where, in the opinion of the Department, the connection of a new and/or replacement structure to an existing system would not meet the standards contained in this Article or the manual, unless an authorization notice is obtained as set out in the manual.

7. No person shall discharge anything other than what is specifically described as sewage, in this Article, into any OWTS.

8. No person shall operate a system constructed after the effective date of this Article without a completed (finaled) septic system construction permit.

9. No person shall maintain or operate a system for which the Department has issued an order to abandon the system.

10. An area where the soil and site conditions are acceptable for installation of an OWTS shall be maintained for the purpose of system replacement also known as the repair area. Except when otherwise authorized by the Department, it shall consist of 100 percent of the normally needed area. For any OWTS servicing a commercial facility the area required for system replacement or repair area shall consist of 200 percent of the normally needed area.

11. No person shall operate an OWTS which receives substantial wastes from recreational vehicles.

12. No person shall operate an OWTS discharging more than 10,000 gallons per day (gpd) without a waste discharge reporting permit from the CVRWQCB. OWTS with a planned discharge between 5,000 and 10,000 gpd may be referred to the CVRWQCB on a case-by-case basis.

(Ord. No. 1571)

A. Permitting requirements:

1. The applicant shall make application for a system construction permit on a form provided by the Department. An application shall be deemed complete when it contains all plot plans and designs, as described in the Manual, and all applicable fees have been paid. However, a permit shall not be required for servicing or replacing an approved system's components with mechanical or electrical parts of the same type, size or capacity; pumping of septage; or making minor structural corrections to a septic tank.

2. When required under the OM&M program, the Department shall require the person to obtain a renewable operating permit.

3. The Department may take action on the construction permit application to approve, conditionally approve, or deny, based upon compliance with the requirements of this Article and the manual. Any permit conditions shall be binding upon the property owner and successive property owners for the life of the system.

4. Permits that authorize construction of on-site sewage systems shall remain valid for a period of two years from the date initially issued. Renewal procedures shall be as set forth in the manual if additional time is required to complete construction.

5. An applicant may transfer a valid permit to a new property owner upon submitting a written request for the transfer. Transfer of applicant may include an administrative fee.

6. The Department may deny any system construction permit application that fails to comply with the requirements of this Article or the manual for primary or replacement system.

B. Abandonment/destruction requirements.

Any person abandoning/destroying an OWTS or system component shall obtain a permit and do so in accordance with the procedures specified in the manual.

C. Construction inspection requirements.

The applicant shall grant the Department access to the property for purposes of inspecting the system in accordance with the requirements of this Article, the manual, and with any conditions specified on the construction permit.

D. Appeal.

An applicant may appeal a decision on a permit application using the provisions set forth in Section 7.07.402.

(Ord. No. 1571)

For each sewage disposal permit application, a fee, set by resolution of the Board, shall be charged. Such fee shall be paid at the time an application for a sewage disposal permit is filed at the Department. In the event that an application and design review is extensive or is not approved and requires modifications and resubmittal, additional fees as outlined in the Yuba County fee ordinance may be incurred.

(Ord. No. 1571)

The requirements of this Chapter shall apply to all sewage disposal and for any division of land in Yuba County approved as a tract or parcel map and other land use projects the Director determines appropriate after adoption of this Chapter.

(Ord. No. 1571)

Minimum distances from all waste water disposal systems shall be maintained as shown on Table 1:

Table 1. Setbacks

NOTE:

a This distance may be reduced to not less than 25 feet when the drainage piping is constructed of materials approved for use within a building.

b When the installation is below the bottom of such body of water the Environmental Health Specialist may reduce the required setback to no less than 25 feet.

c Property line setback waiver may be approved by the Director under special circumstances.

d One hundred fifty ft. from public water well with trenches under ten feet in depth. Two hundred feet from public water systems (PWS) between ten and 20 feet. Dispersal systems greater than 20 feet that are within 600 feet of a public water well, the horizontal setback is required to achieve a two year travel time, and shall be evaluated by a qualified professional.

e Where the effluent dispersal system is within 1,200 feet from a PWS' surface water intake point.

f Where the effluent dispersal system is between 1,200 feet and 2,500 feet from a PWS' surface water intake point.

Areas which are not acceptable for the location of sewage disposal systems include:

(1) Areas within any easement that is dedicated for surface or subsurface improvement.

(2) Paved areas and driveways.

(3) Areas occupied or to be occupied by structures.

(4) Rock outcroppings.

(Ord. No. 1571)

A. Unless waived by the Department, a site evaluation, as described in the manual, shall be required on every existing or proposed lot or parcel prior to obtaining an OWTS permit or any approval for the feasibility of OWTS capability.

B. When required, the site evaluation shall be conducted by the applicant's consultant and coordinated with the Department so that Department personnel may be present for any facet of testing in the evaluation process.

C. The site evaluation will examine several factors for approval of on-site sewage disposal including, but not limited to, ground slope, soil textural characteristics, effective soil depth, percolation rate, horizontal setbacks, and available area for 100 percent system replacement.

D. The Department may require that the site evaluation be conducted during high rainfall periods of the year as described in the manual in order to determine the maximum fluctuation of depth to water below the surface of the ground prior to approving a site for feasibility or construction of an OWTS.

E. The Department may require a new site evaluation or other soils testing if it determines that prior site evaluation approvals were based on testing and/or reporting that was incomplete, insufficient, or incompatible with known information of a given area.

(Ord. No. 1571)

A. An applicant initiating a land use project shall utilize the Department's site evaluation process as described in this Article and the manual in determining the suitability of on-site sewage disposal for all such projects.

B. The applicant shall be responsible for initiating soils testing that includes soil profile pits and percolation rate determination for every proposed lot or parcel in any subdivision that relies on OWTS.

C. No subdivision map shall be recorded unless all proposed lots or parcels which rely on an individual OWTS have approved site evaluation reports that comply with the requirements of the manual.

D. No subdivision map shall be recorded unless all proposed lots or parcels which rely on an individual sewage disposal system have approved site evaluation reports that specify the required minimum useable sewage disposal area (MUSDA) in accordance with the area requirements shown on Table 2.

Table 2. MUSDA Requirements

* Sand-filter or equivalent required.

E. Prior to any commercial project being given final Department approval, the applicant shall be responsible for establishing that all on-site sewage treatment and disposal issues have been satisfactorily addressed by applicable site evaluation and/or permitting.

F. No new lot or parcels shall be created if effective soil does not extend to the following depths beyond the bottom of the disposal trench:

1. Four feet for standard system;

2. Three feet for pressure dosed;

3. Two feet for advanced alternative systems.

G. No new lot or parcels shall be created where the parcel relies on an OWTS which cannot be sited within the boundaries of the proposed lot or parcel.

H. The Department may consider authorizing use of a cluster system and specification of MUSDA requirements on a case-by-case basis under the requirements of this Article and the manual.

I. Decisions made by the Development Review Committee (DRC) and Zoning Administrator may be appealed through the Planning Department appeal process set out in the Yuba County Development Code.

J. This Article and/or the manual shall not nullify or supersede any provisions for on-site sewage disposal in the County General Plan, any Community Plan, or any other applicable plan of any agency or government having jurisdiction. Where there is a discrepancy between the Article and/or manual and any applicable plan, statute, or ordinance, the stricter standard shall apply.

(Ord. No. 1571)

A. When a public sewer system is available in a city, town, sanitary district or sewer maintenance district, it is required that a sewer connection be made to that system for all new construction.

B. When a public sewer system is available in a County sanitation district in accordance with the rules and regulations of that entity, the Health Officer may compel a connection be made to that system in accordance with Health and Safety Code § 5463. Said public sewer system must be within 100 feet of a property line. In the event that an existing OWTS fails within a district the Health Officer may compel connection to a public sewer system if available in any city, town, county sanitation district, sanitary district or sewer maintenance district.

(Ord. No. 1571)

It shall be unlawful to use a cesspool or sewer well for disposal of human excreta.

(Ord. No. 1571)

A. Any deviation from the requirements of this Article shall be granted only with written approval of the Director; however, no deviation shall be granted if reduction of requirements would present a health hazard.

B. Applications for deviations shall be made in writing on a form prescribed by the Department. Upon receipt of the application, the Department shall make an investigation to determine whether a deviation should be granted under the provisions of Subsection (a) above. After conclusion of the investigation, the Director shall prepare a written order of specific findings of fact and reasons for granting or denying said deviation.

C. If the Director should deny the application for deviation, the applicant may file a written appeal to the Health Officer within 15 calendar days after the denial. A written response will be given within 30 calendar days.

D. If the Health Officer should deny the appeal for a deviation, the applicant may file a subsequent appeal with the Clerk of the Board of Supervisors within 15 calendar days after the denial.

(Ord. No. 1571)

In individual cases, the Health Officer may be required to make more stringent requirements than the standard required by this Article where such higher requirements are essential to maintain and protect public health and safety.

(Ord. No. 1571)

A. A pre-issue inspection may be made prior to the issuance of a sewage disposal permit to ascertain the suitability of the site. A permit application will be denied when the Director determines the OWTS will not function in a sanitary manner.

B. An open trench inspection may be required if in the Environmental Health Specialist's opinion the disposal site has extremely variable soil conditions.

C. Engineered systems may require an operations (squirt) test to determine the functionality of the system.

D. An inspection of each installation shall be made by an Environmental Health Specialist before the system is backfilled or covered. Should the system not pass inspection the Environmental Health Specialist shall leave a signed and dated notice stipulating the deficiencies.

E. Engineered systems with shallow trenches may require an inspection of the final cover soil.

F. An as-built site plan shall be provided to the Environmental Health Specialist at the time of final inspection. As-built drawings require measurements to all major system components from two property lines, distances of pipes between components, and from the house to each component. Locations of wells shall be placed on as-built drawings with the appropriate required setback radius shown.

(Ord. No. 1571)

The disposal of sewage in violation of the terms of this Article and standards constitute a public nuisance and its maintenance and operation may be abated by any appropriate proceeding permitted by state or county law.

(Ord. No. 1571)

Whenever the installation, repair or any other work is to be performed on an OWTS, other than by a contractor licensed by the State of California to do such work, the owner at the time of securing the sewage disposal permit, shall sign an acknowledgement which shall be in the following form:

"In securing a sewage disposal permit for the above-identified property, I acknowledge that I am fully responsible for insuring that the sewage disposal system complies with all requirements of the County of Yuba's sewage disposal ordinance (Chapter 7.07 of the Yuba County Ordinance Code). I further understand that should the sewage disposal system fail to comply with any of the provisions of the County's ordinance, I may be denied the use of my property until full compliance is made."

(Ord. No. 1571)