ALAMEDA COUNTY ONSITE WASTEWATER TREATMENT SYSTEM DRAFT ORDINANCE

Transcription

1 ALAMEDA COUNTY ONSITE WASTEWATER TREATMENT SYSTEM DRAFT ORDINANCE An ordinance to repeal Ordinance and, in its place, adopt a new, updated Chapter of the Alameda County General Ordinance relating to Onsite Wastewater Treatment Systems. SECTION I The Board of Supervisors of the County of Alameda, State of California, do ordain as follows: CHAPTER ONSITE WASTEWATER TREATMENT SYSTEMS ARTICLE 1 SCOPE Title This Chapter shall be known as the Onsite Wastewater Treatment Systems Ordinance of Alameda County Chapter Organization Article I II III IV V VI VII VIII Title Scope Legal Authority Local Agency Management Program Administration Land Use Projects, Building Permits, and Business Licenses System Evaluation, Design, Installation, and Operation Permit Administration Enforcement and Penalties Definition of Terms Purpose and Intent A. The purpose of this Chapter is to regulate the collection, treatment, dispersal, and reuse of wastewater from structures in Alameda County not served by centralized treatment systems through the use of Onsite Wastewater Treatment Systems (hereafter, Onsite Wastewater Treatment Systems or Systems ). Onsite Wastewater Treatment Systems employ a combination of onsite and offsite treatment train components that are used to collect, treat, dispose of, or reuse wastewater from individual homes, clusters of homes, isolated communities, or commercial/institutional facilities, at or near the point of waste generation. B. This Chapter is intended to serve the best interests of the citizens of Alameda County by managing risk to public health, public safety, and the natural environment and promoting public welfare in a manner acceptable to the public by provisions designed to: 1. Provide onsite wastewater treatment or management options for all owners of building sites that are not served by any other system of wastewater conveyance and treatment. 1 P age March 11, 2016

2 2. Protect public health and the environment by protecting groundwater and surface water quality. 3. Reduce risk to human environments through nuisance control, health protection, and property protection. 4. Adopt science-based minimum standards for site evaluations; performance, repair and modification of existing Systems; design, construction, and installation of new Systems; and operation, maintenance, and monitoring of all Systems. 5. Ensure compliance with and enforcement of a comprehensive Onsite Wastewater System regulatory program. 6. Establish an administrative framework to facilitate efficient permitting and interagency coordination of Onsite Wastewater Treatment Systems Applicability A. This Chapter shall apply to all territory within the County of Alameda, State of California to the extent permitted by applicable law. B. An Onsite Wastewater System that existed prior to the effective date of this Chapter is subject to the regulations in existence at the time the System s permit was first issued or, if no permit was issued, at the time the System was first used, except that operation of the System under any of the following circumstances is prohibited: 1. Change in the principal use of the structure(s) connected to the System has caused the effluent loads and flows to exceed the limits of the design parameters or capacity of the System s components. 2. Changes to the structure(s) connected to the System have caused the effluent loads and flows to exceed the limits of the design parameters or capacity of the System. 3. Changes to the loads and flows of a cluster or community system have caused the design capacity of the System to be exceeded. 4. Site development activities have compromised the integrity and functionality of the System. 5. The System is discharging untreated sewage to the land, groundwater, or surface water or is causing sewage to back up into the structure(s). 6. The System is dangerous due to unsafe conditions such as collapsed or failing structures with unguarded access points Costs A. The Department recognizes that the requirements of this Chapter may have cost implications for the public and may restrict citizens choices and opportunities. Consequently, the Chapter s requirements have been established at minimum levels consistent with achieving the necessary reduction in risk to health and safety for the targeted human and natural environments. 2 P age March 11, 2016

3 Reasonableness A. The provisions of this Chapter and its enforcement is intended to be reasonable. To that end, the following standards are set: 1. The requirements imposed are those minimally necessary to manage the known or reasonably anticipated risks to human and natural environments. 2. Each provision has been drafted in a manner that makes the statement of its purpose and the obligation clear to the regulated persons. 3. Enforcement provisions are based on clearly determined violations. 4. System design, installation, and operation requirements are based on accepted management, science, and engineering principles. In cases where the science and engineering considerations are not settled, the provisions are based on the best judgment of experienced and expert persons in each area of practice. 5. The authority, accountability, and responsibilities of property owners, qualified professionals, and regulatory agencies are clearly articulated. 6. When changes are proposed to this Chapter, the Department shall provide a reasonable process for seeking input from the affected public. B. The Department may grant exceptions from the provisions of this Chapter and/or the Manual for Systems where, due to the physical constraints of the Lot (or parcel), the System cannot be repaired or reconstructed in compliance with these provisions. As used in this Chapter a Lot is defined as a legally recognized and defined piece of land that can be sold individually, as described on an instrument or map recorded or filed with the County Recorder. In such cases, the System shall be brought into compliance with these provisions to the greatest extent feasible and a Deed Restrictions placed on the property Effective Date of Ordinance The provisions of this Chapter shall take effect and be in force thirty (30) days from and after the passage date but no later than May 13, ARTICLE II - LEGAL AUTHORITY Authorizing Legislation A. Onsite Wastewater Treatment Systems. California Water Code sections et seq. authorize a local agency to adopt or retain regulations and standards for Onsite Sewage (hereafter, Wastewater ) Treatment Systems that are at least equally protective of public health or the environment than State laws and regulations. 1. Water Code Section 13290(b) defines Onsite Wastewater Treatment Systems as individual disposal systems, community collection and disposal systems, and alternative collection and disposal systems that use subsurface disposal. 3 P age March 11, 2016

4 2. Water Code Section 13291(e) requires each California Regional Water Quality Control Board (Regional Water Board) to incorporate the regulations or standards adopted for the permitting and operation of Onsite Wastewater Treatment Systems into the appropriate Regional Water Quality Control Plans or Basin Plans. B. Graywater Systems. California Water Code et seq. authorizes a local agency to approve installations of a Graywater System if it meets the standards adopted by the State Department of Water Resources or building standards adopted by a local agency that are more restrictive than the Graywater System building standards adopted pursuant to state requirements. 1. California Health and Safety Code Sections and , notwithstanding Section of the California Water Code, authorize the California Building Standards Commission to adopt building standards for the construction, installation, and alteration of Graywater Systems for indoor and outdoor uses in residential and nonresidential occupancies as part of the California Building Standards Code (Title 24 of the California Code of Regulations). C. Waste Discharge Requirements. California Water Code Section requires persons who discharge waste that could affect the quality of waters of the State, including discharges from Onsite Wastewater Treatment Systems, to submit a Report of Waste Discharge (ROWD) to the Regional Water Board and obtain Waste Discharge Requirements (WDRs) or comply with a conditional waiver of WDRs. 1. The State Water Resources Control Board Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems (State OWTS Policy), adopted on June 19, 2012 and effective on May 13, 2013, contains a conditional waiver of WDRs, a waiver of the requirement to submit a ROWD, and a waiver of State application fees for an Onsite Wastewater Treatment System that complies with the OWTS Policy. a. The conditional waiver of WDRs clarifies the role of local agencies in regulating Onsite Wastewater Treatment Systems and authorizes local agencies to permit a broader range of treatment and dispersal systems from facilities with flows of 10,000 gallons per day or less of domestic wastewater and, in limited cases, high strength wastewater from commercial food service facilities. b. The conditional waiver of WDRs does not authorize local agencies to permit Systems that accept industrial or commercial process water. c. The State OWTS Policy does not limit a Regional Water Board s authority to require ROWD and to issue general or individual WDRs when such actions are needed to protect water quality. 2. Discharges of process water to land from commercial and industrial facilities require coverage under general or individual WDRs, and/or general or individual National Pollutant Discharge Elimination System (NPDES). The San Francisco Bay Regional Water Board is currently developing general WDRs for Winery Wastewater Discharged to Land. D. The State OWTS Policy requires local agencies to implement the statewide minimum standards of the OWTS Policy which provides provisions for low risk Onsite Wastewater Treatment Systems, or develop a local program by adopting a Local Agency Management Program (LAMP). The 4 P age March 11, 2016

5 LAMP may allow alternatives to the OWTS Policy; however the LAMP must demonstrate that the standards achieve the same purpose as the OWTS Policy which is to protect water quality and public health. The LAMP must be submitted to the San Francisco Bay Regional Water Board no later than May 13, 2016, and must be implemented prior to May 13, E. The State OWTS Policy gives the Regional Water Boards the principal responsibility to oversee its implementation and requires incorporation of the OWTS Policy requirements into the Regional Water Board s Water Quality Basin Plans (Basin Plans). 1. The San Francisco Bay Regional Water Board has been delegated the authority to approve Alameda County s LAMP. 2. The San Francisco Bay Regional Water Board amended the San Francisco Bay Basin Plan on June 13, 2014 to revise the Onsite Wastewater Treatment System section to incorporate the statewide OWTS Policy, and to revise the Graywater System section to reflect updates to the California Graywater standards approved in 2009 by the California Building Standards commission. The Basin Plan is the Regional Water Boards master water quality control planning document and designates Beneficial Uses and Water Quality Objectives for Waters of the State, including surface water and groundwater Delegation of Authority A. This Chapter and its partner document, the Onsite Wastewater Treatment System Manual (hereafter, Manual ) dated [insert date of final approved document] are the major components of the Alameda County LAMP and provide provisions for compliance with applicable standards, laws, policies and guidelines as adopted, by the State Water Resources Control Board (State Water Board), the San Francisco Bay Regional Water Board, the Central Valley Regional Water Board, State Department of Water Resources, Groundwater Sustainability Agencies, and other federal, state, and local agencies charged with protecting natural resources. B. With the adoption of this Chapter and the Manual, the State Water Board and the California Regional Water Boards for the San Francisco Bay and the Central Valley Region have delegated authority to the Alameda County Department of Environmental Health (hereafter, Department ) to regulate Onsite Wastewater Treatment Systems within the Territory of Alameda County. C. Any modifications to the LAMP must be approved by the San Francisco Bay Regional Water Board and adopted by Resolution of the Alameda County Board of Supervisors. D. Joint oversight by the Regional Water Board shall be required for Systems subject to Waste Discharge Requirements E. For Graywater Systems, the Department has the authority to enforce standards in the unincorporated area only. The local building official has jurisdiction in the incorporated cities Referenced Codes A. The following Alameda County Codes, Ordinances, and Policies are hereby adopted as standard reference documents of this Chapter: 1. Building Code 5 P age March 11, 2016

6 2. Mechanical Code 3. Electrical Code 4. Plumbing Code 5. Floodplain Management 6. Stormwater Management and Discharge Control 7. Watercourse Protection 8. Grading, Erosion and Sediment Control B. When this Chapter does not specifically cover any subject related to design, installation, and operation of Onsite Wastewater Treatment Systems, recognized engineering practices shall be employed Order of Precedence and Use A. Exemptions. In the event of any differences between the standards of this Chapter and the Manual and permit exemptions provided for in the standard reference documents, the text of this Chapter shall govern. B. Conflicts. When the requirements of this Chapter and the Manual conflict with the requirements of any part of the California Building Standards Code, Title 24, the most restrictive requirements shall prevail Severability A. If any part or provision of this Chapter or the Manual, or the application thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the Manual, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. B. To this end, provisions of this Chapter and the Manual are severable. ARTILCE III - LAMP PROGRAM ADMINISTRATION System Design, Permitting and Monitoring Program A. The Manual provides the procedural and technical details for implementation of this Chapter. The Manual contains System evaluation, siting, design and installation requirements, as well as System permitting procedures. B. The Manual will be reviewed and updated from time-to-time to keep pace with new issues, policies, procedures, and technologies affecting the use and management of Onsite Wastewater Treatment Systems in Alameda County. 6 P age March 11, 2016

7 C. Any changes to this Chapter and the Manual will require approval by the Board of Supervisors and the San Francisco Bay Regional Water Board System Management within Zone 7 Water Agency s Jurisdictional Boundaries A. Additional siting requirements apply to new, upgraded, or replacement Systems located in the Upper Alameda Creek Watershed above Niles, in areas both inside and outside the designated Areas of Concern contained in the Zone 7 s 2015 Nutrient Management Plan for the Livermore Valley Groundwater Basin to minimize nutrient loading from current and future development in unsewered areas of the basin. B. The additional requirements do not apply to existing, properly-working and properly-sized Systems however are designed to reduce existing loading in the Areas of Concern over time by replacing conventional Systems with new treatment systems when the opportunities arise. C. The additional requirements include: 1. Outside Areas of Concern. Minimization of nitrogen loading from new Systems by applying one rural residential equivalence of wastewater (RRE) per 5 acre maximum provisions. 2. Inside Areas of Concern. Minimization or when practical, reduction in the overall nitrogen loading to the property by installing only new, advanced Systems with nitrogen-reducing treatment. Hydrogeologic studies as part of new commercial developments shall be encouraged or required. 3. High Strength and High Flow Systems. Installation of groundwater monitoring wells to monitor nutrient loading from onsite operations Reporting to the Regional Water Boards A. Annual Report 1. The Department shall prepare an annual report pertaining to System activities in Alameda County for submission to the San Francisco Bay Regional Water Board by February 1 st of each year, with a copy also sent to the Central Valley Regional Water Board. The annual report shall, at a minimum, include the following information: a. Number and location of complaints pertaining to System operation and maintenance, and identification of those which were investigated and how they were resolved; b. Number, location and description of permits issued for new and replacement Systems, including any variances and/or exemptions issued; c. Number, location and results of septic tank pumper inspection reports received; d. List of applications and registrations issued as part of the local septic tank pumper registration program pursuant to Section et seq. of the California Health and Safety Code; 7 P age March 11, 2016

8 e. A summary of whether any further actions related to Systems are warranted to protect water quality or public health; and f. Any other information deemed appropriate by the Department. B. Five Year Water Quality Assessment Report 1. The Department shall maintain an Onsite Wastewater Treatment System Water Quality Assessment Program having three primary objectives: a. To determine the general operational status of OWTS in the county; b. Assess possible impacts of OWTS on groundwater and surface water quality, and their associated beneficial uses; and c. Identify areas for changes to existing OWTS management practices. 2. The water quality assessment shall include the following: a. Operational Status of Systems. The Department shall maintain and update the existing inventory records of Systems in the county and assess the operational status of Systems through compilation and review of the following types of information: i. Septic tank pumper inspection reports; ii. iii. iv. Complaints and abatement activities for Failing Systems; Variances issued for new and/or repaired Systems; Performance inspections of existing Systems in connection with Land Use Projects, Building Permits, Business Licenses, and property transactions; v. Performance inspection of existing Standard Systems as reported under biennial System reporting requirements; vi. Monitoring reports for Advanced Systems and other Systems with an operating permit. b. Water Quality Parameters of Concern. The initial focus of the water quality assessment program shall be on two key water quality parameters, pathogens and nitrate-nitrogen. Other parameters of concern shall be added if warranted. c. Wastewater Discharge Volumes. Estimates of annual wastewater discharge estimates from Systems shall be updated based upon the running inventory of Systems. d. Nitrate Loading. Nitrate loading estimates (by Area of Special Concern) shall be maintained and updated based on the running inventory of Systems in the county. 8 P age March 11, 2016

9 e. Water Quality Data Sources. Relevant water quality monitoring data for pathogens and nitrate-nitrogen will be compiled from available sources, including: i. Receiving water quality monitoring data reported under Operating Permits for High Strength and High Flow Systems and others; ii. iii. iv. Water quality data from Cumulative Impact Studies; Zone 7 Water Agency monitoring data and reports; Domestic water well sampling from new wells or other; v. Public water system raw water quality data from monitoring reports; vi. vii. viii. ix. Reservoir or stream water quality sampling data from Zone 7, Alameda County Water District and other watershed special studies; Receiving water sampling performed as part of a National Pollutant Discharge Elimination system (NPDES) permit or waste discharge requirements (WDR); Groundwater sampling performed as part of WDR; Data from the California Water Quality Assessment Database; and x. Groundwater data collected as part of the Groundwater Ambient Monitoring and Assessment Program available in the State Water board s Geotracker Database. f. Assessment. In addition to periodically updating the System nitrate loading estimates for the county, the Department shall conduct a collaborative review with Zone 7 Water Agency to: i. Determine relevance of the various data to Systems; ii. iii. iv. Identify obvious water quality degradation attributable to Systems warranting follow-up investigation or action; Identify water quality degradation where Systems may be implicated as a possible source; and Identify water quality data/areas indicating no apparent issues of concern related to Systems. 3. The Department shall submit a Water Quality Assessment Report to the Regional Water Board very five (5) years summarizing the information and findings from the Department Water Quality Assessment Program. The report shall present an overall assessment regarding any evidence of water quality impacts from Systems along with any recommended changes in the LAMP to address the identified impacts. Any groundwater water quality and surface water quality data generated by the Department from monitoring activities will be submitted 9 P age March 11, 2016

10 in electronic data format (EDF) for inclusion in the State Water Board s Geotracker and CEDEN Databases Equipment Evaluation Program A. The Department shall develop and administer an Onsite Wastewater Treatment System Equipment Evaluation Program in accordance with the procedures in the Manual. B. The Evaluation Program will utilize in part a national evaluation program and listing system to allow recognition of equipment and components for Onsite Wastewater Treatment Systems that are deployed in regional and national markets. This type of program eliminates duplicative product evaluation and approval programs at state and county levels, facilitates competition to reduce the overall affordability of System components and thus improves the effectiveness and efficiency of product approval Qualified Professional Certification Program A. The Department shall administer a Certification Program for System practitioners including Designers, Installers, and Operations, Maintenance and Monitoring Service Providers in accordance with the procedures in the Manual. B. The Department shall administer a Septage Tank Pumper Permit Program in accordance with the procedures in the Manual and the requirements of the California Health and Safety Code, Division 104, Part 13, Sections et seq. C. It shall be unlawful for any person, firm or corporation to engage in design, construction, alteration, repair or modification of a System within Alameda County without first obtaining a certificate from the Department, however nothing contained herein shall prohibit a resident owner from installing an on-site wastewater system or making repairs or alterations to an on-site wastewater system on said resident owner s property when the conditions specified in this Chapter and the Manual are met. D. It shall be unlawful for any person, firm or corporation to engage in septage tank pumping within Alameda County without first obtaining a permit from the Department. E. The Department shall provide quality assurance review of the performance of System Designers, Installers, and OM&M Service Providers certificate holders and Septage Pumper Tank permit holders in accordance with the procedures in the Manual. F. Serious or repeated violations of the requirements of this Chapter and the Manual by a certificate or permit holder may result in revocation of the certificate and permit Operations, Maintenance and Monitoring Program (OM&M) A. An OM&M program will be established by the Department to encourage or require inspection, monitoring, and/or service to Systems, including Standard and Alternative Systems, as delineated in the Manual to insure long-term performance, and groundwater, surface water, and public health protections. 10 P age March 11, 2016

11 B. The OM&M program will be in accordance with guidelines in the Manual and may also incorporate specific recommendations of the Department, System consultant/designer, manufacturer, and/or Qualified Professional Education and Outreach Program The Department shall develop and administer an Education Program for System. The program goal is to provide System owners with the information they need to properly operate and maintain their Systems. The components of the Education and Outreach Program are provided in the Manual. ARTICLE IV LAND USE PROJECT, BUILDING PERMITS, AND BUSINESS LICENSES Sewage Disposal Required A. Every residence, place of business, or other building, or place where Persons congregate, reside, or are employed, must be provided with a means of disposal of human excreta, either by water flush toilet connected to a Public Sewer System or an Onsite Wastewater Treatment System that meets the requirements of this Chapter, or in special circumstances, a Non-Discharging Wastewater Disposal Unit that meets the requirements of this Chapter. B. Every building, structure, or appurtenance that contains one or more waste producing fixtures such as toilets, sinks, showers or baths, clothes washing machines, dish washing machines, animal wash pads, floor drains or other fixture or fitting intended to drain organic or inorganic waste material must be connected to a Public Sewer System or an Onsite Wastewater Treatment System that meets the requirements of this Chapter Connection to Public Sewer System Required A. Where there is a Public Sewer System available for connection, Systems shall be prohibited. B. The Public Sewer System is considered available under the following circumstances: 1. The property line of a single Lot or parcel being served is located 200 feet or less from a suitable connection point to a Public Sewer System. 2. The property line of a Lot shown on a proposed parcel map is located 500 feet or less from a suitable connection point to a Public Sewer System. 3. The property line of a Lot shown on a proposed subdivision Tentative or Final Map is located 1000 feet or less from a suitable connection point to a Public Sewer System. A Tentative Map is defined as the parcel configuration proposed prior to a Final Map. 4. Connection to the Public Sewer System is allowed by the Public Sewer System governing body and/or other governing bodies, such as the Local Agency Formation Commission C. Connection to the Public Sewer is not mandatory for a System existing prior to the effective date of this Chapter that was installed under a valid permit from the Department and is properly functioning. In order to qualify for this exception, the property owner must provide a Performance Evaluation Report to the Department prepared in accordance with the provisions in the Manual. 11 P age March 11, 2016

12 Approval of Land Use Projects for Lots with Onsite Wastewater Treatment Systems A. An Applicant initiating a Land Use Project that cannot be served by a Public Sewer System shall complete a Site Evaluation to determine the feasibility of an Onsite Wastewater Treatment System as described in this Chapter and the Manual. A Land Use Project as defined in this Chapter means a development project requiring a land use entitlement, including, but not limited to, tentative maps, use permits, variances, site plan review, and lot line adjustments, which is implemented through Alameda County Community Development Agency, Alameda County Public Works Agency, or other local planning or building department. Land Use Projects requiring conditions from this Chapter and the Manual shall be regulated by the Department. Other County requirements have separate processes and requirements. B. No Lot shall be created, no parcel or subdivision map shall be recorded, nor shall a Lot line adjustment be approved unless all proposed Lots or parcels which rely, or will rely on a System, as defined in this Chapter, have an approved Site Evaluation Report that verifies the existing and/or proposed lots or parcels have the required Dispersal Field area: 1. Residential Land use Project(s) shall have a Minimum Usable Wastewater Dispersal Area (MUWDA) and meet the minimum horizontal setbacks and vertical separation distances in accordance with the requirements in the Manual for each existing or proposed structure with plumbing. No reduction in MUWDA size shall be granted for proposed Supplemental Systems. 2. The minimum Dispersal Field area for a Non-residential Project shall be sized based on a proposed System design. C. The minimum size of a newly created individual lot within the unincorporated area of the County that is within Zone 7 Water Agency s jurisdiction served by an Onsite Wastewater Treatment System shall be five (5) acres. D. The maximum slope for the designated Dispersal Field area on newly created lots served by a System shall be no greater than 30 percent. E. No Lot shall be created, no parcel or subdivision map shall be recorded, nor shall a Lot line adjustment be approved where a Non-Discharging Wastewater Disposal Unit is the proposed method of Wastewater disposal in lieu of an Onsite Wastewater Treatment System. F. Except for Community Systems, no new Lot or parcels shall be created where the Lot or parcel relies on a System that cannot be sited within the boundaries of the proposed Lot or parcel. G. Multiple buildings on the same or separate Lots may be served by a common System, termed either a Cluster System or Community System, provided the System meets the minimum requirements contained in this Chapter and the Manual, and local zoning and planning department restrictions and Zone 7 Water Agency requirements. 1. Community Systems are subject to joint regulation by the Department and the Regional Water Board. 2. Community Systems shall include a recorded easement on Lots designated for the Wastewater System. 12 P age March 11, 2016

13 H. In the event that one or more of the parcels in the proposed subdivision are intended for agricultural purposes only and not for residential or other use which may generate wastewater, the owner or owner s authorized designee may seek an exemption from the requirements of this section by submitting to the Department a written request for an exemption under this section stating, for each such parcel, that the parcel(s) for which an exemption is sought is intended for agricultural purposes only and not for residential or other use which may generate wastewater. That request must be accompanied by a tentative map with express written conditions containing all of the following information: 1. The parcel or tract number or other legal identifying information specifically identifying the property area for which exemption is requested. 2. The intended use of the identified property area for which an exemption is sought. 3. A statement that said area will be restricted in development such that it will not have a residence on it nor any other structure that would generate wastewater and that the area is intended for agricultural purposes only and not for residential or other use which may generate wastewater (collectively: the Restrictions ). 4. A statement that the Restrictions cannot be altered or modified without the prior written approval of the Department. 5. A statement that the Restrictions are binding on all successors, heirs and future property owners or occupants of the parcel in accordance with California law. I. The exemption provided in this section shall not become effective until owner or designee obtains final governmental approval of the final map for the proposed subdivision and delivers to the Department a complete copy of the final map with the conditions specified above that has been endorsed and filed with the County Recorder. J. Proposed new lots or parcels shall specify the Dispersal Field area on all maps. The dispersal Field area shall be outside of the following: 1. Minimum horizontal setbacks 2. Easements dedicated to surface or underground improvements. 3. Easements for access for roadway purposes. 4. Paved areas 5. Areas with a slope in excess of thirty (30) percent. 6. Areas subject to flooding Approval of Building Permits for Lots with Onsite Wastewater Treatment Systems A. General Requirements 13 P age March 11, 2016

14 1. No Building Permit may be issued for any building containing Wastewater producing fixtures that is not connected to an approved Public Sewer System without written approval from the Department. 2. No Building Permit shall be issued for an addition, alteration, replacement, repair or destruction of any building or structure served by a System, without review and approval of the Department. 3. No Building Permit, grading permit or entitlement for other work shall be issued where the proposed work might impact an existing System and reserve/replacement Dispersal Field area without first obtaining approval from the Department. 4. No building permit shall be finalized for occupancy, nor shall any Certificate of Occupancy be issued for any building that is not connected to an approved Public Sewer System or a System as defined in this Chapter without written approval of the Department. 5. No person may occupy or otherwise use any premises or building that has not been connected to a Public Sewer System or approved System as defined in this Chapter. B. New System Installation Required 1. Residential Property Improvements. A new System meeting the minimum prevailing requirements of this Chapter and the Manual shall be installed as a condition of Building Permit approval where the proposed construction associated with an existing residential structure will require System Expansion due to: a. an increase in the number of Bedrooms b. a 60 percent increase in square footage of a Non-Bedroom addition 2. New Secondary Residential Units. A new System meeting the minimum prevailing requirements of this Chapter and the Manual shall be installed as a condition of Building Permit approval where the proposed construction is the addition of a Secondary Unit. a. Secondary Units may share a System with the main house on the same parcel in accordance with the requirements of a Cluster System in this Chapter and the Manual. b. Secondary Units within the Upper Alameda Creek Watershed above Niles must comply with Zone 7 Water Agency requirements of a 5 acre minimum per dwelling requirement. 3. Non-Residential Property Improvements. A new System meeting the minimum prevailing requirements of this Chapter and the Manual shall be installed as a condition of Building Permit approval where the proposed construction associated with an existing non-residential structure will require System Expansion due to: a. An increase in Wastewater flow. b. An increase in Wastewater strength. 14 P age March 11, 2016

15 C. Existing System Performance Evaluation Required 1. Change of System Use. A proposed use of an existing System, designed and permitted for Residential structures, for a non-residential structure will require an evaluation of the System for its capacity to handle the proposed flow and waste strength. 2. Permitted Existing System(s). All existing permitted Systems on a Lot shall have a Performance Evaluation on file with the Department demonstrating that the Systems are properly functioning in accordance with the permitted design and will not be impacted from proposed construction activities as a condition of a Building Permit approval for site improvements. 3. Unpermitted Existing System(s). All existing unpermitted or undocumented Systems on the Lot shall require submittal of a Performance Evaluation and As-Built Plans demonstrating that the Systems are adequately sized and designed to safely handle wastewater from structures with connection to the Systems, and will not be impacted from proposed construction activities as a condition of a Building Permit approval for site improvements. Where an existing unpermitted or undocumented System does not meet requirements of this Chapter, but is determined to be functioning safely and is located outside of the requisite setbacks, construction will be limited to the remodeling or repair of the existing structure provided the proposed construction on structures served by the System will not increase the number of bedrooms; increase projected Wastewater flows; or limit the Replacement Area to less than the required size. 4. Corrective Action Required. Where repairs or modifications are required for existing Systems on the Lot to function properly, the work shall be required as a condition of approval of the associated Building Permit. D. Where a Cesspool or Seepage Pit is found on the property, these shall require abandonment as a condition of Building Permit approval. E. For purposes of this Section: 1. Repair means the reconstruction or renewal of any part of an existing building for the purposes of its maintenance. 2. Remodeling means renovating the existing structure, other than an addition of square footage to the structure Approval of Issuance of Business License for Facilities with Onsite Wastewater Treatment Systems A. No business license shall be issued for a business served by a System, without review and approval of the Department. 15 P age March 11, 2016

16 ARTICLE V SYSTEM EVALUATION, DESIGN, INSTALLATION, AND OPERATION Onsite Wastewater Treatment System Types A. The standards contained in this Chapter and the Manual apply to: 1. Siting, performance, design, construction, operation, and monitoring of Onsite Wastewater Treatment Systems, whether existing or proposed as part of a land Subdivision, a Lot creation, a Building Permit, a Land Use Project, a Public Facility, or a special event including: a. Standard and Alternative Onsite Wastewater Treatment Systems b. Onsite Non-Discharging Wastewater Disposal Units c. Onsite Graywater Systems d. Cluster and Community Wastewater Treatment Systems 2. Any System and all work performed on any System after the effective date of this Chapter. 3. Activities of pumping, cleaning, hauling and disposing of Wastewater as provided in this Chapter Site Evaluation Requirements A. A Site Evaluation shall be required on every existing or proposed Lot prior to System design. The Site Evaluation shall be conducted as described in the Manual. B. The Site Evaluation will examine several factors for approval of a System including, but not limited to, ground Slope, Soil textural characteristics, Effective Soil depth, percolation rate, horizontal setbacks, and available area for System replacement. C. The Site Evaluation shall be conducted by the Applicant s Qualified Professional in coordination with the Department so that Department personnel may be present for any facet of testing in the evaluation process. D. The Department may require that the Site Evaluation be conducted during the Wet Season or high rainfall period of the year as described in the Manual in order to determine the maximum fluctuation of depth to Groundwater below the surface of the ground prior to approving a site for feasibility or construction of the System. E. Where Systems may have Cumulative Impacts on Groundwater and/or watershed conditions due to such factors as the constituent levels (e.g., nitrogen content) in the Wastewater, the volume of Wastewater flow, the density of the System discharges in a given area, and/or the sensitivity and Beneficial Uses of water resources in the discharge area, the Department may require additional technical studies (also termed Cumulative Impact studies ) or other information demonstrating to the satisfaction of the Department, that use of the proposed System will not create adverse cumulative effects on water quality, public health or safety. Cumulative Impact studies will be conducted in accordance with the Manual. F. The Department may require a new Site Evaluation or other Soil testing if it determines that prior Site Evaluation approvals were based on testing and/or reporting that was incomplete, insufficient, 16 P age March 11, 2016

17 or incompatible with known information of a given area, or for a site where subsequent excavation or other activities may have altered the suitability of the Lot for accommodating the System. G. An approved Site Evaluation Report for installation of a System completed prior to the effective date of this ordinance shall expire on May 12, 2018 and shall be unacceptable for purposes of issuing a System Installation Permit after that date unless the review included a site specific evaluation substantially equivalent to a Site Evaluation as defined and described in this Chapter and the Manual; and the submitted System Design meets the currently adopted standards of this Chapter and the Manual. For Site Evaluation Reports which included a proposed System Design and which was completed prior to the effective date of this Chapter, the Department may require a resubmittal of System Design that meets the purpose and intent of this Chapter to protect water quality and public health, including but not limited to requirements for Supplemental Treatment and an Operating Permit, where warranted Existing System Performance Evaluation Requirements A. Performance Evaluations shall be conducted on existing Systems in accordance with the provisions in the Manual to verify the functionality and integrity of the System under the following circumstances: 1. To obtain a System Operating Permit when biannual or annual reporting requirements have not been met. 2. To evaluate an undocumented or unpermitted System to demonstrate that the System is sized appropriately and is protective of human health and the environment System Design Requirements A. System design shall meet the requirements prescribed by this Chapter and the rules, regulations and guidelines contained in this Chapter and the Manual. B. The System Design shall be conducted by the Applicant s Qualified Professional. C. Except for Community Systems, the System shall be located on the same Lot as the building(s) being served is located. The Department has the authority to make an exception to this requirement in special situations where due to necessary System repair or replacement an existing dwelling lacks available area on the Lot to accommodate a System. In this case a legal easement may be obtained on an adjoining property for the purpose of accommodating the replacement System. D. System Design will be reviewed by the Department and, where warranted, due to the complexity of the System, the Department may refer the plans to the Regional Water Board staff and/or external third-party expert consultant(s) for additional review, the costs for which would be the responsibility of the Applicant System Installation and Abandonment Requirements A. Installation and Abandonment Permits 1. No Person may install, construct, enlarge, replace, repair, modify or abandon any System without first submitting plans to the Department for approval and obtaining an Installation or Abandonment Permit pursuant to the requirements of this Chapter. 17 P age March 11, 2016

18 2. Every System that has been abandoned or has been discontinued from use or to which no waste or waste discharge piping from a plumbing fixture is connected must be destroyed under permit and as specified in the Manual. 3. The System must be installed in accordance with the approved System Installation Permit, approved System Design and any conditions of approval. Any changes in the installation plans must be reviewed and approved by the Department prior to installation. An As-Built Drawing shall be submitted prior to Final Installation Approval to record the final installation location of the System. The As-Built Drawing shall meet the requirements described in the Manual. 4. The System and System components must be located so as to be easily accessible for maintenance and repairs. 5. Whenever the location of a property line or easement or the title thereto is disputed during the application process or during a System installation, a survey by a licensed land surveyor or resolution of the title may be required by the Department at the expense of the applicant. 6. Installation Permits shall remain valid for a period of twelve (12) months from the date initially issued if all original site conditions exist. 7. The issued Installation Permit may be renewed one time if additional time is required to complete the construction. The fee to renew the permit shall be one-half (1/2) of the current amount required for a new permit for such work. The renewal request must be made prior to the expiration of the permit. The Permit considered for renewal may require review to ensure that there have not been significant changes in technology, knowledge or regulation that may affect the design of the System and require design modifications. Permit renewal procedures shall be followed per the Manual. 8. The Installation Permit shall expire and be non-renewable 24 months after the date of original issuance. 9. A valid Installation Permit may be transferred to a new property Owner or Contractor provided all other information on the application remains the same. The original fee-payer must approve the transfer of any paid fees to the new permit holder in writing. 10. The Department may revoke an Installation Permit or Design approval issued by the Department pursuant to this Chapter in case of any false statement, omission, or misrepresentation of fact in the application or on the plans on which the permit or approval was based; or the Lot has been substantially affected by natural or man-made alterations which could affect the System Design or installation. 11. The Department may deny a permit renewal or request additional information if the Site Evaluation did not adequately assess the site conditions and suitability of System design or installation. B. Installation Inspections 18 P age March 11, 2016

19 1. The Applicant shall grant the Department access to the property for purposes of inspecting a System in accordance with the requirements of this Chapter, the Manual, and/or with any conditions specified on the Installation Permit or Operating Permit. 2. A stamped copy of the approved System Installation Permit must be kept available at the jobsite during the System installation and until the System passes final inspection. 3. In the case of an Owner installed System, additional inspections may be required to assure proper installation of the System. 4. In the case of a System subject to an Operating Permit, the Service Provider will be required to attend the final inspection System Operation, Maintenance, and Monitoring Requirements A. Every System shall be subject to the requirements of the Operation, Maintenance, and Monitoring (OM&M) Program as specified in this Chapter and in the Manual. B. Biennial Registration will be required for Standard Systems installed under a valid Installation Permit issued by the Department. A Performance Evaluation by a Qualified Professional will be required for the initial biennial registration. Subsequent biennial registrations can be conducted by the Owner, however it is recommended the system be inspected by a Qualified Service Provider every few years. C. An Operating Permit will be required for Standard Systems that were installed without a permit from the Department but have passed a Performance Evaluation, Alternative Systems, Non- Discharging Wastewater Disposal Units, Cluster Systems, and Community Systems, or where the type, size, location or other aspects of a particular System warrant the additional level of oversight provided by an Operating Permit. Monitoring of Alternative Systems shall be conducted by or under the supervision of a Qualified Service Provider. D. Owners of all Systems shall record the following information on the property deed for the benefit of future owners and successors: 1. Notice of the requirement for an Operating Permit, including all Operating Permit conditions of approval; or 2. Notice of the requirement for Biennial Registration of a Standard System; and 3. An agreement granting the Department access to inspect the system after providing the property owner with proper notification. D. The System Contractor and/or Qualified Professional shall provide the System Owner with informational materials designed to inform the System Owner about how to locate, operate and maintain the System. The informational material shall also include procedures for the Owner in the event of a needed repair, replacement of a component of the System, or System failure. If the System is on a Lot with a water well, the informational material shall also include information about testing the well water for indications of System failure. 1. Any informational material specific to a System shall be provided to the Owner by the Qualified Professional and/or the Contractor, with a copy provided to the Department. 19 P age March 11, 2016

20 2. Final approval of the System installation shall be contingent upon confirmation by the Department that required informational materials have been provided. E. Owners of Systems shall maintain their System in good working condition including conducting regular inspections, and pumping or cleaning of solids as necessary to maintain proper function and assure adequate Wastewater treatment. F. Replacement areas for Dispersal Fields shall be reserved for the System repair and/or replacement as described in the Manual. The Replacement Area shall be indicated on the As-Built drawing and shall remain undeveloped, protected from compaction, protected from vehicular traffic, and shall otherwise remain free of conditions that would make it unsuitable as a future Replacement Area. G. Monitoring results shall be submitted to the Department in accordance with reporting guidelines provided in the Manual. The Department shall be notified immediately of any System problems observed during the System inspection and monitoring that could lead to the System failure. 1. Owners of Standard Systems must submit a written report, every two (2) years, to the Department detailing that the System continues to function as designed and permitted as provided in the Manual. 2. Owners of Systems with an Operating Permit are subject to the Operating Permit requirements as provided in the Manual and must submit a written report every twelve (12) months detailing that the System continues to function as designed and permitted as provided in the Manual. H. A public entity shall assume legal authority and responsibility for the planning, design, financing, construction, operation, and maintenance of any new Community System. The responsible public entity shall prepare an acceptable operation, maintenance, revenue, and contingency plans for the Community System. These plans shall be included in the application submitted to the Department for Community Systems covered by the State OWTS Policy conditional waiver or, if not covered by the conditional waiver, in the Report of Waste Discharge submitted to the Regional Water Board. In the absence of acceptable plans, the System shall be prohibited. I. The Department may require third-party or Department monitoring of any Supplemental System where deemed necessary because of special circumstances, such as the complexity of the System or the sensitive nature of the site. The costs for such additional monitoring are the responsibility of the Owner. J. In addition to regular inspection and monitoring activities, the Department may require inspections after significant events such as flood, seismic event and localized fire, etc. The Department will be responsible for issuing appropriate notices when such inspections are required; those conducting the inspections shall report the inspection results to the Department. The purpose of such inspections will be to assess and document any damage to the System and to implement corrective actions, as needed, in a timely manner Permit Exemptions A. A permit is not required to clear stoppages in pipes, provided the System is not damaged, altered, modified, or repaired as part of the work; 20 P age March 11, 2016