§ 19B-5. Minimum regulatory permits and reviews.

(a)

No Person shall construct a Recycled Water Pond without first obtaining Wastewater Discharge Requirements from the Central Valley Regional Water Quality Control Board.

(b)

No Person shall construct a Recycled Water Pond without first obtaining a Use Permit. The permit shall be processed as set forth in Chapter 24.

(c)

No Person shall construct a Recycled Water Pond without environmental review pursuant to the California Environmental Quality Act.

(d)

No Person shall construct, operate, use, or maintain a Recycled Water Pond without a management plan approved by the LEA and the Central Valley Regional Water Quality Control Board. Said plan shall include, but not be limited to, elements that address:

(1)

Control of odors, vegetation, and vectors;

(2)

Safety and control of public hazards;

(3)

Pond level and overflow prevention;

(4)

Contingency and emergency response for problems that may occur, including but not limited to:

(i)

Equipment malfunctions; and

(ii)

Failure of treatment or dispersal components;

(5)

Operation and maintenance manual, the contents of which shall include at a minimum:

(i)

The name, address, telephone number, business and professional license of the Recycled Water Pond designer;

(ii)

The name, address, telephone number, business and professional license, where applicable, of the Recycled Water Pond installer; and

(iii)

The name, address, and telephone number of the certified operator that maintains the Recycled Water Pond;

(iv)

The instructions for the proper operation and maintenance and a protocol for an assessment of performance of the Recycled Water Pond;

(v)

The design flow and performance requirements for the Recycled Water Pond;

(vi)

A list of types of substances that could inhibit performance if discharged to the Recycled Water Pond;

(vii)

A list of substances that could cause a condition of pollution or nuisance if discharged to the Recycled Water Pond, including but not limited to pharmaceutical drugs and water softener regeneration brines;

(viii)

A copy of the Central Valley Regional Water Quality Control Board waste discharge requirements;

(ix)

Monitoring and maintenance location, methodology, and frequency;

(x)

Wastewater constituents to be monitored, including but not limited to:

(A)

Total and fecal coliform;

(B)

Total suspended solids; and

(C)

Total nitrogen and nitrate;

(xi)

A flow schematic; and

(xii)

A process instrumentation diagram.

(e)

No Person shall construct, operate, use or maintain a Recycled Water Pond without the applicant first having verified Technical, Managerial, and Financial Competence to the LEA, Butte County Department of Public Works, and the Central Valley Regional Water Quality Control Board. Requirements for TMF include, but are not limited to, the following:

(1)

Technical Capacity Requirements. Requirements shall include, but are not limited to, the following:

(i)

System description;

(ii)

Recycled Water Pond capacity assessment;

(iii)

Assessment of alternative to connect to another existing wastewater system;

(iv)

Operation plan, certification of operator; and

(v)

Staff training plan.

(2)

Management Capacity Requirements. Requirements shall include, but are not limited to, the following:

(i)

Identification of ownership;

(ii)

Organizational chart;

(iii)

Management plan; and

(iv)

Customer service policies.

(3)

Financial Capacity Requirements. Requirements shall include, but are not limited to, the following:

(i)

Acceptable budget projection;

(ii)

Reserves for repair and replacement;

(iii)

Capital improvement plan;

(iv)

Budget control measures; and

(v)

For a single-ownership commercial or industrial use not managed by a public entity, the posting of a bond accessible to the LEA, pursuant to a form approved by County Counsel, in an amount sufficient to pay for the replacement of the Recycled Water Pond and cleanup of the site, as determined of the LEA.

(f)

No Person shall construct a Recycled Water Pond except under a construction permit approved by the LEA. A construction permit shall be deemed complete when it contains all plot plans, designs, and other components as required in this chapter, including but not limited to the following:

(1)

Vicinity sketch;

(2)

Scaled layout drawing;

(3)

Dimensional cross-section drawing;

(4)

Approved quality assurance/quality control plan for liner;

(5)

Approved management entity;

(6)

Operation and Maintenance Manual;

(7)

Management Plan;

(8)

Identification of certified operator;

(9)

Verification of Technical, Managerial, and Financial competence;

(10)

Approved Use Permit;

(11)

Approved California Environmental Quality Act review;

(12)

Grading Permit; and

(13)

Waste Discharge Requirements issued by the Central Valley Regional Water Quality Control Board.

(g)

No Person shall construct a Recycled Water Pond without providing a Construction Quality Assurance Report approved by the LEA.

(h)

No Person shall operate or maintain a Recycled Water Pond except under a renewable operating permit approved by the LEA. The permit shall be renewed annually.

(Ord. No. 4078, § 1, 4-22-14)