§ 700-040. APPLICABILITY  


Latest version.
  • (a)

    Every residence, place of business, or other building or place where persons congregate, reside, or are employed in which sewage is generated that is not connected to a public sewer system shall be connected to an on-site sewage system (OSS) meeting the requirements of this Ordinance and Manual.

    (b)

    An approved OSS permit issued prior to the effective date of this Ordinance and Manual shall be valid for the period of time that is stated on the permit. An approved OSS permit that was issued prior to the effective date of this Ordinance and Manual may be renewed according to the regulations existing at the time the permit was issued.

    (c)

    An approved site evaluation issued prior to the effective date of this Ordinance and Manual shall be valid for a period of three years from the date of issuance.

    (d)

    The Regional Water Quality Control Board (RWQCB) has authority and approval over:

    (1)

    Public sewer systems;

    (2)

    Industrial wastewater treatment facilities;

    (3)

    Package treatment systems or other waste systems using mechanical treatment or lagoons; and

    (4)

    On-site sewage systems with design flows through any common point above 5,000 gallons per day.

    (e)

    The Department has authority and approval over:

    (1)

    On-site sewage systems with design flows through any common point up to 5,000 gallons per day;

    (2)

    Any on-site sewage system with a design flow greater than 5,000 gallons per day up to 10,000 gallons per day may be considered on a case-by-case basis after consultation with the RWQCB and for which jurisdiction has been transferred by written agreement to the Department.

    (f)

    Sewage that is not treated through a public sewer system shall not be discharged to surface water, to the surface of the ground, or underground unless the discharge is permitted by RWQCB.

    (g)

    When public sewer services are available within 200 feet of the Building or exterior drainage facility as measured along the usual or most feasible route of access, the owner of record must connect the residence or facility to the public sewer system if:

    (1)

    The residence or facility is served by an OSS which has failed; or

    (2)

    The residence or facility does not have an OSS.

    Exceptions may be granted by the Environmental Health Director to Subsection G of this Section where the sewer main is not adjacent to the property line. Factors that may be considered prior to making a decision to grant or deny an exception include, but are not limited to, the following:

    (1)

    Feasibility and cost of connection (connection and construction costs are greater than two times the replacement OWTS costs); and

    (2)

    Reasonable expectation for future expansion plans of the sewer utility; and

    (3)

    Willingness of the applicant to commit to connect to the public sewer in the future; and

    (4)

    Suitability of the parcel for siting an on-site wastewater system and a determination that no impairment to drinking water sources is likely to result.

    (h)

    The owner of record of a residence or other facility served by a non-conforming repair shall abandon the OSS according to the requirements specified in Section 700-190, and shall connect the residence or other facility to a public sewer system if the sewer utility allows the sewer connection and:

    (1)

    Connection is deemed necessary to protect public health by the Health Officer; or

    (2)

    A public sewer becomes available within 200 feet of the nearest Building or exterior drainage facility as measured along the usual or most feasible route of access.

(Ord. No. 1632, § 1, 3-28-2017)