§ 19-13. Local certification of on-site wastewater professionals.
A.
Certified Pumper Requirements.
1.
It shall be unlawful for any person to engage in pumping any septic tank, seepage pit or chemical toilet, or removing other accumulations of sewage without first having obtained a pumper's certificate from the LEA. A current pumper certificate shall be deemed by the LEA as compliance with the registration requirements specified in the California Health and Safety Code Sections 117405 — 117450.
2.
Pumpers shall not pump any septic tank or wastewater holding tank without completing a Septage Pumper Report, at the time the service is provided, using a reporting format prescribed by the LEA. Septage Pumper Reports shall be submitted to the LEA at a frequency not less than monthly.
3.
Any person seeking a certificate shall file and maintain a current mailing address with the LEA and shall agree that correspondence and notices may be sent to say addresses.
4.
Requirements for initial pumper certification and for recertification when the certification has lapsed without renewal shall include the following:
a.
The pumper shall verify to the LEA that a disposal site approved by the LEA will be used for deposition of septage or holding tank wastes; and
b.
The pumper shall demonstrate to the LEA that the vehicles used to pump and transport septage meet the following requirements:
i.
The pump tank shall hold a volume at least equal to or exceeding the volume of the tank being pumped, be in good repair, and be constructed in a manner to facilitate cleaning;
ii.
All outer contact surfaces and fittings shall be kept in a clean and sanitary condition while stored or in transit, and all premises served and equipment used shall be left in a clean and sanitary condition;
iii.
All discharge valves shall be in good repair, free from leaks and fitted with water-tight caps; and
iv.
The name of the operating firm shall be prominently displayed on the sides of any pump tank vehicle.
5.
Requirements for pumper certificate renewal shall include the following:
a.
The pumper shall renew the certification prior to the date of the certificate's expiration;
b.
The pumper shall provide the LEA with an opportunity to inspect pump vehicles and demonstrate compliance with the requirements in this section; and
c.
The pumper shall verify to the LEA that a disposal site approved by the LEA will be used for deposition of septage or holding tank wastes.
6.
Pumper certificates shall remain valid for two (2) consecutive years and may be renewed. A pumper's certificate shall not be transferable.
B.
Certified Installer Requirements.
1.
It shall be unlawful for any person, firm or corporation to engage in construction, alteration, repair or modification of an on-site wastewater system within Butte County without first obtaining an installer's certificate from the LEA, 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 On-Site Wastewater Manual are met.
2.
Any person seeking a certificate shall file and maintain a current mailing address with the LEA and shall agree that correspondence and notices may be sent to say addresses.
3.
Requirements for initial installer certification and for recertification when the certification has lapsed without renewal shall include the following:
a.
The installer shall successfully complete a written and/or field examination of the applicant's knowledge of wastewater system principles and the rules, regulations, laws, and ordinances affecting the public health and safety with respect to on-site wastewater systems. Examination and/or certification for wastewater system installation by a third-party entity shall be reviewed and may be determined by the LEA to satisfy the requirement for examination specified herein;
b.
The installer shall provide verification to the LEA of the applicant's current status as a Class A (General Engineering Contractor), Class B (General Building Contractor), Specialty C-42 (Sanitation Service Contractor), or Specialty C-36 (Plumbing Contractor) licensed in accordance with the provisions of the California Business and Professions Code; and
c.
The installer shall provide verification to the LEA of a minimum of one (1) year experience working with a certified installer, or some other experience that can be demonstrated to the LEA as providing knowledge and skills equivalent to having worked with a certified installer for a minimum of one (1) year.
4.
Requirements for installer certificate renewal shall include the following:
a.
The installer shall renew the certification prior to the date of the certificate's expiration; and
b.
The installer shall demonstrate to the LEA a minimum annual attendance of four (4) hours of classes approved by the LEA dealing with subject matter related to application, design, and construction of on-site wastewater systems. Eight (8) hours may be averaged over two (2) consecutive years, and may be demonstrated to the LEA by certification of completion provided by the instructor or sponsor of said educational activity.
5.
Installer certificates shall remain valid for two (2) consecutive years and may be renewed. An installer's certificate shall not be transferable.
C.
Certified Designer Requirements.
1.
Any work associated with design of a supplemental treatment on-site wastewater system within Butte County shall be performed by a designer certified by the LEA, except nothing contained herein shall prohibit a resident owner from designing a standard on-site wastewater system when the requirements of this chapter and the On-Site Wastewater Manual are met.
2.
Unless pre-empted by State law, statutes, or regulations, the following registered and/or licensed professionals shall be eligible to apply to the LEA for certification as designers:
a.
California Professional Engineer;
b.
California Professional Geologist;
c.
California Professional Hydrogeologist; and
d.
Registered Environmental Health Specialist.
3.
Unless such a requirement is pre-empted by State law, statutes, or regulations, and notwithstanding subsection C.2., other persons may be considered, on a case-by-case basis, for certification as designers when their knowledge and experience is determined by the LEA to provide an equivalent basis for certification and all other requirements of this section are met. Equivalency in knowledge and experience shall be determined by the LEA as follows:
a.
Provisional Certification. An applicant for certification as a designer that meets all the requirements of this section other than those requirements specified in subsection [C.]2., shall be provisionally certified by the LEA when evidence is provided showing a minimum of two (2) years' experience actively designing supplemental treatment wastewater systems under the supervision of a certified designer or professional engineer;
b.
Full Certification. A provisionally certified designer that meets all the requirements of this section other than those requirements specified in subsection [C.]2., shall be fully certified by the LEA when five (5) or more supplemental treatment system designs are submitted and the wastewater system construction has been overseen by the provisionally certified designer in a manner that demonstrates to the LEA competency in the field of supplemental treatment system design and wastewater system construction oversight.
4.
Any person seeking a certificate shall file and maintain a current mailing address with the LEA and shall agree that correspondence and notices may be sent to say addresses.
5.
Requirements for initial designer certification and for recertification when the certification has lapsed without renewal shall include the following:
a.
The designer shall successfully complete a written and/or field examination to assure knowledge of wastewater system principles and the rules, regulations, laws, and ordinances affecting the public health and safety with respect to on-site wastewater systems. Examination and/or certification of a wastewater system designer by a third-party entity shall be reviewed and may be determined by the LEA to satisfy the requirement for examination specified herein;
b.
The designer shall provide verification to the LEA of the applicant's current licensure and/or registration status as required in this section; and
c.
The designer shall provide verification to the LEA of either a minimum of one (1) year experience working with a certified designer, or demonstration of attendance in training for on-site wastewater treatment design or operation, monitoring, and maintenance from the California Onsite Water Association or the equivalent, or some other experience that can be demonstrated to the LEA as providing knowledge and skills equivalent to having worked with a certified designer for a minimum of one (1) year.
6.
Requirements for designer certificate renewal shall include the following:
a.
The designer shall renew the certification prior to the date of the certificate's expiration; and
b.
The designer shall demonstrate to the LEA an ongoing minimum annual attendance of eight (8) hours of classes dealing with subject matter related to application, design, and construction of on-site wastewater systems. Sixteen (16) hours may be averaged over two (2) consecutive years. Attendance may be demonstrated to the LEA by certification of completion provided by the instructor or sponsor of said educational activity.
7.
Designer certificates shall remain valid for two (2) consecutive years and may be renewed. A designer's certificate shall not be transferable.
D.
Certified Operation, Monitoring, and Maintenance (OM&M) Specialist Requirements.
1.
Any operation, monitoring, and maintenance inspection required by the LEA shall be performed by a certified OM&M Specialist as specified in the On-Site Wastewater Manual. Copies of said standards shall be kept on file and made available to the public at the LEA's office.
2.
Any person seeking a certificate shall file and maintain a current mailing address with the LEA and shall agree that correspondence and notices may be sent to say addresses.
3.
There shall be two (2) levels of OM&M Specialists certified by the LEA. Level One OM&M Specialists shall be limited in their practice to the operation, monitoring, and maintenance of septic tanks, effluent pumps, and dispersal fields utilizing gravity or pressurized distribution. Level Two OM&M Specialists shall be authorized to perform operation, monitoring, and maintenance on any type or configuration of on-site wastewater system.
4.
Requirements for initial OM&M Specialist certification and for recertification when the certification has lapsed without renewal shall include the following:
a.
In order to demonstrate the applicant's knowledge of wastewater system principles and the rules, regulations, laws, and ordinances affecting the public health and safety with respect to on-site wastewater systems, Level One OM&M Specialists shall successfully complete a written examination and certification by a third-party entity approved by the LEA equivalent to "OM&M 1" provided by the National Onsite Wastewater Transporter Association and the California Onsite Water Association, and Level Two OM&M Specialists shall successfully complete a written examination and certification by a third-party entity approved by the LEA equivalent to "OM&M 1" and "OM&M 2" provided by the National Onsite Wastewater Transporter Association and the California Onsite Water Association; and
b.
Level One OM&M Specialists shall provide verification to the LEA of current certification as a Butte County Certified Pumper or Certified Installer and Level Two OM&M Specialists shall provide verification to the LEA of a minimum of one (1) year experience working with a certified OM&M Specialist, or working as a certified designer, or some other experience that can be demonstrated to the LEA as providing knowledge and skills equivalent to having worked with a certified OM&M Specialist or as a certified designer for a minimum of one (1) year.
5.
Requirements for OM&M certificate renewal shall include the following:
a.
The OM&M Specialist shall renew the certification prior to the date of the certificate's expiration;
b.
The OM&M Specialist shall demonstrate to the LEA a minimum annual attendance of eight (8) hours of classes dealing with subject matter related to application, design, construction, operation, monitoring, and/or maintenance of on-site wastewater systems provided by an approved third-party entity. Sixteen (16) hours may be averaged over two (2) consecutive years, and may be demonstrated to the LEA by certification of completion provided by the instructor or sponsor of said educational activity; and
c.
The OM&M Specialist shall present to the LEA manufacturer's training and certification as applicable to the scope of the OM&M Specialist's work.
6.
OM&M Specialist certificates shall remain valid for two (2) consecutive years and may be renewed. An OM&M Specialist's certificate shall not be transferable.
(Ord. No. 4018, § 1, 3-16-10; Ord. No. 4113, § 7, 4-12-16 )