§ 19-7. On-site wastewater system requirements.
A.
Minimum Vertical Separation Requirements.
1.
New Parcels. An application for a subdivision or parcel map shall not be approved after the effective date of this chapter unless the minimum vertical separation requirements and other applicable standards specified in Section 19-10 are met.
2.
Existing Parcels.
a.
Except as provided in subsection 19-4 B. (Wastewater System Repairs) and subsections A.3. and A.4. of this section, new wastewater systems shall not be approved by the LEA for parcels created prior to the effective date of this chapter, unless the following minimum vertical separation can be met:
i.
Standard gravity systems shall be sited and designed so as to have a minimum vertical separation of thirty-six (36) inches.
ii.
Supplemental treatment systems shall be sited and designed so as to have a minimum vertical separation of twenty-four (24) inches to groundwater and eighteen (18) inches to other restrictive or limiting layers indicated in the definition for vertical separation in the chapter.
b.
Existing on-site wastewater systems that require expansion or modification to meet increased design flow shall be allowed such expansion without being required to meet the vertical separation requirements of this chapter when the need for system expansion is not the result of a change in use and when the expansion will not impair water quality as determined by the LEA.
3.
Existing Parcels—Special Consideration for Enhanced Design Alternatives. New wastewater systems may be approved by the LEA for parcels created prior to the effective date of this chapter provided one (1) of the following enhanced design alternatives is utilized within the constraints and specifications outlined in this chapter and the On-Site Wastewater Manual:
a.
Engineered Fill. Engineered fill may be utilized, as described in the On-Site Wastewater Manual, where all the following site conditions and system specifications are met:
i.
There shall be a minimum of twelve (12) inches of native effective soil after site preparation and prior to placement of fill;
ii.
Wastewater shall receive supplemental treatment; and a sufficient depth of engineered fill added to bring the vertical separation to a minimum of twenty-four (24) inches.
b.
Disinfection. Disinfection using an approved add-on disinfection component may be utilized, as described in the On-Site Wastewater Manual, where all the following site conditions and system specifications are met:
i.
A minimum of twenty-four (24) inches of vertical separation to groundwater shall be maintained;
ii.
A minimum of twelve (12) inches of vertical separation shall be maintained to other restrictive or limiting layers indicated in the definition of vertical separation of this chapter;
iii.
Wastewater shall receive supplemental treatment provided by either a single-pass sand filter or an alternate type of supplementary treatment system. If an alternative type of supplementary treatment system is used, the testing frequency for compliance with effluent quality limits shall be increased from quarterly to monthly for the first year of operation, or longer if needed to verify reliable treatment;
iv.
Dispersal shall utilize either pressure distribution or subsurface drip irrigation; and
v.
An analysis shall be performed demonstrating that breakout of wastewater will not occur.
4.
Existing Parcels—Special Consideration for Large Parcels. When site conditions are such that a thirty-six (36) inch vertical separation cannot be attained for parcels created prior to the effective date of this chapter, standard gravity systems may be approved by the LEA when the following criteria are met:
a.
The parcel shall be at least five (5) acres in size; the provisions of this section shall apply to multiple parcels that were merged after the effective date of this chapter, provided the total combined acreage is at least five (5) acres in size;
b.
The area in which the dispersal component of the wastewater system is located and its designated repair area shall be shown to have a minimum native effective soil depth of twenty-four (24) inches;
c.
The dispersal component of the wastewater system shall be designed and constructed to maintain a vertical separation of at least twenty-four (24) inches to water table and at least eighteen (18) inches to other restrictive or limiting layers indicated in the definition of vertical separation of this chapter;
d.
There shall be evidence of a restrictive layer between the dispersal component of the wastewater system and the first useable aquifer. If the first usable aquifer is known or estimated to be within ten (10) feet of ground surface, additional evaluation shall be required to verify that there is at least three (3) feet of unsaturated soil between the bottom of the dispersal system and the anticipated highest level of usable groundwater;
e.
The soil conditions at distances of twenty-five (25) feet and fifty (50) feet downslope of the dispersal field and its designated repair area shall be demonstrated to meet the same soil suitability conditions as required for the dispersal field;
f.
The wastewater system shall serve only a single family residence;
g.
A deed restriction shall be recorded to assure: (a) the parcel will not be subdivided in the future; and (b) the parcel shall not be further developed with a permanent secondary dwelling, until such time that the wastewater system is upgraded to meet the requirements of subsection A.2. or until another method of wastewater disposal is approved by the LEA, such as connection to a public sewer;
h.
The dispersal component of the on-site wastewater system and the designated repair area shall be sited so as to maximize separation from wells and surface water with the design objective of increasing said separation when feasible, by up to one hundred (100) percent of that which is specified in the On-Site Wastewater Manual. At a minimum, an additional setback distance to any well or surface water in the downslope direction from the dispersal field shall be fifty (50) feet;
i.
The increased setback area between wells and surface water, and the dispersal component of the on-site wastewater system and the designated repair area shall be verified through the site evaluation process to not contain rock outcrops, cut banks, or other soil or landscape features that would allow surfacing of wastewater effluent;
j.
The dispersal component of the on-site wastewater system and the designated repair area shall be sited so as to maximize separation to property lines with the design objective of increasing said separation when feasible, by up to one hundred (100) feet. At a minimum, the setback distance to any property line in the downslope direction from the dispersal field shall be at least fifty (50) feet; and
k.
The dispersal component of the on-site wastewater system and the designated repair area shall be sited so that the minimum natural ground slope within and in the area extending fifty (50) feet downslope of the dispersal field and its designated repair area shall be five (5) percent or greater. The LEA may waive this requirement where it can be demonstrated that there will be adequate drainage away from the dispersal field.
B.
Reserve Area for Wastewater System Replacement. An area reserved for wastewater system repair and replacement shall be set aside and maintained as described in the On-Site Wastewater Manual.
C.
Prohibitions.
1.
No person shall treat or dispose of wastewater in any manner other than by an approved on-site wastewater system, community wastewater system, public sewer system or other method meeting the standards set forth in this chapter and the On-Site Wastewater Manual.
2.
No on-site wastewater system shall be approved after the effective date of this chapter that is not sited and designed in Soil Group A, B, C, D, or E, as shown in Table One in Section 19-10 and with a percolation rate of one (1) to two hundred forty (240) minutes per inch (mpi), when percolation testing is performed at the request of the applicant or designer, or required by the LEA. Soils that percolate at a rate of one (1) to five (5) mpi shall require pressure distribution and shall demonstrate adequate filtration capacity.
3.
Designs for on-site wastewater systems to be installed in soils that percolate at a rate of one (1) to five (5) mpi shall demonstrate adequate filtration capacity by consideration of design factors identified in the On-Site Wastewater Manual for rapidly drained soil.
4.
No person shall construct, operate or maintain an on-site wastewater system or community wastewater system that does not comply with the applicable requirements specified in this chapter, the Construction Permit, the Operating Permit, and the On-Site Wastewater Manual.
5.
No person shall operate a failing on-site wastewater system.
6.
No person shall connect any structure to an existing on-site wastewater system where the total projected wastewater flow would be greater than the design flow specified in the original Construction Permit or where, in the opinion of the LEA, the connection of a new and/or replacement structure to an existing wastewater system would not meet the standards contained in this chapter or the On-Site Wastewater Manual.
7.
No person shall discharge anything other than what is specifically described as wastewater in this chapter into any on-site wastewater system.
8.
No person shall operate an on-site wastewater system constructed after the effective date of this chapter without a final approval of its Construction Permit by the LEA.
9.
No person shall maintain or operate a wastewater system for which the LEA has issued an abandonment order.
10.
Unless otherwise specified in the On-Site Wastewater Manual, no person shall maintain or operate a non-discharging wastewater system, such as a holding tank, composting toilet, or vault privy, except for non-residential and non-commercial limited-use applications, such as agricultural storage buildings and primitive-type picnic grounds, campsites, and recreation areas where on-site wastewater systems are not feasible, as determined by the LEA. Portable toilets may be used, on a temporary basis, for community events and at construction sites. Said non-discharging wastewater systems shall meet the specifications for maintenance and operation in the On-Site Wastewater Manual.
D.
Permitting.
1.
Construction Permit.
a.
Except for a graywater system meeting the requirements of the California Plumbing Code, the On-Site Wastewater Manual, and subsection D.2., no person shall construct or replace an on-site wastewater system without first having applied for and been issued a Construction Permit. An application shall not be deemed complete unless it contains all the requirements specified in the On-Site Wastewater Manual.
b.
No Construction Permit shall be issued for a Community Wastewater System unless the operation, repair, and replacement of said system will be provided by a County Service Area as specified in Butte County Board of Supervisors Resolution No. 13-080.
c.
Permits that authorize construction of on-site wastewater systems shall remain valid for a period of two (2) years from the date initially issued. Renewal procedures shall be as set forth in the On-Site Wastewater Manual if additional time is required to complete construction.
d.
No person shall construct or replace an on-site wastewater system unless it complies with Chapter 50, Stormwater Management and Discharge Control.
e.
No person shall construct or replace an on-site wastewater system unless it complies with Chapter 13, Article I, Grading.
2.
LEA Notification and Plan Review. Except for removal of solids from a septic tank by a certified pumper, no person shall service or replace an approved wastewater system's components without first notifying the LEA so that parcel files can be updated, trends in equipment reliability can be tracked, and so that the contractor can be advised of any technical updates or requirements relevant to service that will be provided. Services requiring LEA notification and plan review without the requirement for permitting include, but are not limited to the following:
a.
Replacement of mechanical or electrical parts with parts of the same type, size, and capacity for pump to gravity wastewater systems;
b.
Minor repairs of septic tanks, such as repair or replacement of baffles or sanitary "T"s, repair or replacement of distribution boxes;
c.
Repair or replacement of sewer pipes running from septic tanks to the distribution boxes; and
d.
Design and installation of graywater systems identified as Clothes Washer Systems and Simple Systems in the California Plumbing Code and meeting the requirements therein.
3.
Operating Permit.
a.
Any person using a pressure distribution or a supplemental treatment system, any person using a standard gravity system within an Area of Environmental Concern, and any person operating a wastewater system whose design flow exceeds two thousand five hundred (2,500) gallons per day shall obtain an Operating Permit. Said operating permit shall be renewed thereafter at the frequency specified in the On-Site Wastewater Manual. An application shall be deemed complete when it is accompanied by a complete Operation, Monitoring, and Maintenance (OM&M) Report prepared by a Certified OM&M Specialist.
b.
A person selling a parcel in which there is an approved Operating Permit shall notify the LEA of the transfer.
4.
Any requirement placed upon a permit for compliance with the provisions of this chapter and the On-Site Wastewater Manual shall be binding upon the property owner and successive property owners for the life of the system.
5.
The LEA may deny any Construction or Operating Permit application that fails to comply with the requirements of this chapter or the On-Site Wastewater Manual for a primary or replacement wastewater system.
E.
Abandonment/Destruction. Any person abandoning/destroying an on-site wastewater system or system component shall obtain a permit and do so in accordance with the procedures specified in the On-Site Wastewater Manual.
F.
Construction and Operating Permit Inspection. The person on whose property the on-site wastewater system is located shall grant the LEA access to the property for purposes of inspecting the wastewater system in accordance with the requirements of this chapter, the On-Site Wastewater Manual, and with any conditions specified in the Construction Permit or Operating Permit, and, for those parcels utilizing pressure distribution or supplemental treatment, shall record a statement disclosing said requirements to future property owners.
(Ord. No. 4018, § 1, 3-16-10; Ord. No. 4113, § 3, 4-12-16 )