A.
Title.
The ordinance codified in this chapter may be cited as "Regulation
of On-Site Wastewater Treatment Systems."
B.
Purpose
and Intent. The purpose and intent of this chapter is to ensure the
health, safety, and general welfare of citizens, and to protect and
enhance the water quality of watercourses and water bodies in Merced
County.
C.
Findings
and Declarations. The Merced County board of supervisors makes the
following findings and declaration in support of the enactment of
the ordinance codified in this chapter:
1.
The
protection of the health, welfare, and safety of the residents of
Merced County require that the water and other resources of Merced
County be protected from adverse impacts resulting from the improper
design, siting, installation, operation, and maintenance of onsite
wastewater treatment systems (OWTS); and
2.
An
orderly means of preventing potential environmental degradation and
unsanitary conditions from occurring in the county must be established,
and that a safe and sanitary means of sewage disposal must be provided;
and
3.
Regulations
are required for the control of individual OWTS facilities in the
county, to protect the public health, safety and welfare of the inhabitants
thereof; and
4.
The
risks to health, safety and well-being in Merced County related to
potential improper sewage disposal require the county to take action
as Merced County transitions to implementation of the State Water
Resources Control Board, Resolution No. 2012-0032, adoption of the
Water Quality Control Policy for Siting, Design, Operation and Maintenance
of On-Site Wastewater Treatment Systems (OWTS Policy).
5.
Therefore,
in order to protect the public health, safety and welfare, the board
of supervisors of Merced County hereby adopts the provisions of this
chapter relating to OWTS.
(Ord. 1947 § 1, 2016)
means the same as "Impaired water bodies."
means a well whose use has been discontinued or which is
in such a state of disrepair that no water can be produced, water
quality is at risk, or as otherwise defined within the California
Water Well Standards.
means an OWTS dispersal system with a discharge point located
at the preconstruction grade (ground surface elevation). The discharge
from an at-grade system is always subsurface.
means the average of the annual amount of precipitation for
a location over a year as measured by the nearest National Weather
Service station for the preceding three decades. For example, the
data set used to make a determination in 2012 would be the data from
1981 to 2010.
means the same as "water quality control plan" as defined
in Division 7 (commencing with Section 13000) of the Water Code. Basin
Plans are adopted by each Regional Water Quality Control Board, approved
by the State Water Resources Control Board and the Office of Administrative
Law, and identify surface water and groundwater bodies within each
Region's boundaries and establish, for each, its respective beneficial
uses and water quality objectives.
means the rock, usually solid, that underlies soil or other
unconsolidated, surficial material.
means the board of supervisors of Merced County.
means an excavation in the ground receiving domestic wastewater,
designed to retain the organic matter and solids, while allowing the
liquids to seep into the soil. Cesspools differ from seepage pits
because cesspool systems do not have septic tanks and are not authorized
under this chapter. The term cesspool does not include pit-privies
and out-houses which are not regulated under this chapter.
means a soil particle; the term also refers to a type of
soil texture. As a soil particle, clay consists of individual rock
or mineral particles in soils having diameters <0.002 mm. As a
soil texture, clay is the soil material that is comprised of 40% or
more clay particles, not more than 45% sand and not more than 40%
silts particles using the USDA soil classification system.
means a piped collection system which delivers sanitary wastes
from a number of dwelling, business, commercial units to one or more
waste water treatment plants and is normally under the jurisdiction
of a public entity and operates under waste discharge requirements
issued by the Regional Water Boards.
means the impairment of the quality of the waters of the
state by waste to a degree which creates a hazard to the public health
through poisoning or through the spread of disease including any equivalent
effect resulting from the disposal of waste, whether or not the waters
are affected. (California Water Code Section 13050(l)(2).)
means the county of Merced.
means the area to be used for systems that receive the effluent
discharge from a septic tank or other OWTS treatment unit, means the
same as "dispersal area."
means the area to be used for systems that receives the effluent
discharge from a septic tank or other OWTS treatment unit for dispersal,
means the same as "disposal area".
means the office within the Merced County department of public
health responsible for environmental health issues.
means wastewater with a measured strength less than high
strength wastewater and is the type of wastewater normally discharged
from, or similar to, that discharged from plumbing fixtures, appliances
and other household devices including, but not limited to toilets,
bathtubs, showers, laundry facilities, dishwashing facilities, and
garbage disposals. Domestic wastewater may include wastewater from
commercial buildings such as office buildings, retail stores, and
some restaurants or from industrial facilities where the domestic
wastewater is segregated from the industrial wastewater. Domestic
wastewater may include incidental RV holding tank dumping but does
not include wastewater consisting of a significant portion of RV holding
tank wastewater such as at RV dump stations. Domestic wastewater does
not include wastewater from industrial processes.
means a groundwater well that provides water for human consumption.
means channels or low lines of the terrain in which water
flows either continuously or intermittently.
means a facility located in an isolated area, occupancy is
intermittent from October to January, groundwater level is at or near
the surface preventing the installation of a standard OWTS, and the
existing shallow groundwater precludes any beneficial domestic utilization.
means a facility intended to receive the discharge of wastewater
from a holding tank installed on a recreational vehicle. A dump station
does not include a full hook-up sewer connection similar to those
used at a recreational vehicle park.
means a substance composed of the earth's crust (i.e., soil
and rock).
means sewage, water, or other liquid, partially or completely
treated or in its natural state, flowing out of a septic tank, aerobic
treatment unit, dispersal system, or other OWTS component.
means a stream, segment or portion of a stream which flows
in direct response to precipitation.
means a group of bacteria predominantly inhabiting the intestines
of humans or other warm-blooded animals, but also occasionally found
elsewhere. Used as an indicator of human fecal contamination.
means an OWTS that was constructed and operating prior to
the effective date of the ordinance codified in this chapter, and
OWTS for which a construction permit has been issued prior to the
effective date of the ordinance codified in this chapter.
means a body of running water flowing over the earth in a
natural water course, where the movement of the water is readily discernible
or if water is not present it is apparent from review of the geology
that when present it does flow, such as in an ephemeral drainage,
creek, stream, or river.
means water beneath the surface of the earth within the zone
below the water table in which the soil is completely saturated with
water, but does not include water that flows in known and definite
channels.
means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed. (California
Health and Safety Code Section 25117).
means wastewater having a 30 day average concentration of
biochemical oxygen demand (BOD) greater than 300 milligrams per liter
(mg/L) or of total suspended solids (TSS) greater than 330 mg/L or
a fats, oil, and grease (FOG) concentration greater than 100 mg/L
prior to the septic tank or other OWTS treatment component.
means the International Association of Plumbing and Mechanical
Officials.
means those surface water bodies or segments thereof that
are identified on a list approved first by the State Water Resources
Control Board and then approved by U.S. EPA pursuant to Section 303(d)
of the Federal Clean Water Act.
means a strata, such as a clay or shale, that does not permit
water to move through perceptibly.
means a collection system and wastewater treatment or disposal
facility for individual dwelling, business, commercial, etc. units.
means any dispersal system equal to or less than 10 feet
below ground surface.
means a perforated pipe used to distribute septic tank effluent
in a leach trench.
means any dispersal system greater than 10 feet below ground
surface.
means any subdivision of state government that has responsibility
for permitting the installation of and regulating OWTS within its
jurisdictional boundaries; typically a county, city, or special district.
means either: (a) for a dispersal system, repairs required
for an OWTS dispersal system due to surfacing wastewater effluent
from the dispersal field and/or wastewater backed up into plumbing
fixtures because the dispersal system is not able to percolate the
design flow of wastewater associated with the structure served; or
(b) for a septic tank, repairs required to the tank for a compartment
baffle failure or tank structural integrity failure such that either
wastewater is exfiltrating or groundwater is infiltrating.
means the minimum area that must be available on a parcel
or lot to be used for effluent discharge from a septic tank or other
OWTS treatment unit.
means a soil condition that results from oxidizing or reducing
minerals due to soil moisture changes from saturated to unsaturated
over time. Mottling is characterized by spots or blotches of different
colors or shades of color (grays and reds) interspersed within the
dominant color as described by the USDA soil classification system.
This soil condition can be indicative of historic seasonal high groundwater
level, but the lack of this condition may not demonstrate the absence
of groundwater.
means an aboveground dispersal system (covered sand bed with
effluent leachfield elevated above original ground surface inside)
used to enhance soil treatment, dispersal, and absorption of effluent
discharged from an OWTS treatment unit such as a septic tank. Mound
systems have a subsurface discharge.
means an OWTS permitted after the effective date of the ordinance
codified in this chapter.
means NSF International (a.k.a. National Sanitation Foundation),
a not for profit, non-governmental organization that develops health
and safety standards and performs product certification.
means a passive interceptor that has a rate of flow exceeding
50 gallons-perminute and that is located outside a building. Oil/grease
interceptors are used for separating and collecting oil and grease
from wastewater.
means individual disposal systems, community collection and
disposal systems, and alternative collection and disposal systems
that use subsurface disposal with flows not exceeding 10,000 gallons
per day. The short form of the term may be singular or plural. OWTS
do not include "graywater" systems pursuant to Health and Safety Code
Section 17922.12.
means a method of testing water absorption of the soil. The
test is conducted with clean water and test results can be used to
establish the dispersal system design.
means a stream that flows throughout the year.
means a document issued by a local agency that allows the
installation and use of an OWTS, or waste discharge requirements or
a waiver of waste discharge requirements that authorizes discharges
from an OWTS.
means and includes natural persons, corporations, firms,
partnerships, joint stock companies, associations and other organizations
of persons, and public entities. "Person" includes any individual
or firm who directs, or engages in, construction, repair, abandonment
or destruction of an OWTS.
means self-contained waterless toilet used for disposal of
non-water carried human waste; consists of a shelter built above a
pit in the ground into which human waste falls.
means any substance that alters water quality of the waters
of the State to a degree that it may potentially affect the beneficial
uses of water, as listed in a basin plan.
means the ratio of the aggregate volume of interstices in
a rock or soil to its total volume.
means wastewater flows into the OWTS determined in accordance
with any of the applicable methods for determining average daily flow
in the USEPA On-Site Wastewater Treatment System Manual, 2002, or
for Tier 2 in accordance with an approved Local Agency Management
Program.
is a water system regulated by the California Department
of Public Health, State Water Resources Control Board, Division of
Drinking Water, or a Local Primacy Agency pursuant to Chapter 12,
Part 4, California Safe Drinking Water Act, Section 116275(h) of the
California Health and Safety Code.
is a groundwater well serving a public water system. A spring
which is not subject to the California Surface Water Treatment Rule
(SWTR), CCR, Title 22, Sections 64650 through 64666 is a public well.
means an individual licensed or certified by a state of California
agency to design OWTS and practice as professionals for other associated
reports, as allowed under their license or registration. Depending
on the work to be performed and various licensing and registration
requirements, this may include an individual who possesses a registered
environmental health specialist certificate or is currently licensed
as a professional engineer or professional geologist. For the purposes
of performing site evaluations, soil scientists certified by the Soil
Science Society of America are considered qualified professionals.
is any of the Regional Water Quality Control Boards designated
by Water Code Section 13200.
means an OWTS that has its treatment capacity expanded, or
its dispersal system replaced or added onto, after the effective date
of the ordinance codified in this chapter.
means a report required under Section 13260 of the Porter-Cologne
Water Quality Act.
means any consolidated or coherent and relatively hard, naturally
formed mass of mineral matter that cannot be excavated by manual methods
alone.
means a soil particle; this term also refers to a type of
soil texture. As a soil particle, sand consists of individual rock
or mineral particles in soils having diameters ranging from 0.05 to
2.0 millimeters. As a soil texture, sand is soil that is comprised
of 85% or more sand particles, with the percentage of silt plus one
and one-half times the percentage of clay particles comprising less
than 15%.
means a contractor that fabricates and installs septic tanks, storm drains, and other sewage disposal and drain structures. This classification includes the laying of cast-iron, steel, concrete, vitreous and non-vitreous pipe and any other hardware associated with these systems (California Code of Regulations, Title 16, Division 8, Article 3, Classifications).
means a drilled or dug excavation, often three and up to
six feet in diameter, either lined or drain rock filled, that receives
the effluent discharge from a septic tank or other OWTS treatment
unit for dispersal.
means solid residue with lower water content from septic
tanks, or wastewater treatment facilities.
means a watertight, covered receptacle designed for primary
treatment of wastewater and constructed to: (a) receive wastewater
discharged from a building; (b) separate settleable and floating solids
from the liquid; (c) digest organic matter by anaerobic bacterial
action; (d) store digested solids; and (e) clarify wastewater for
further treatment with final subsurface discharge.
means a person qualified to and capable of operating, monitoring,
and maintaining an OWTS in accordance with this chapter.
means any liquid waste containing animal or vegetable matter
in suspension or solution and may include liquids containing chemicals
in solution.
means an unperforated pipe carrying wastewater from fixtures
to a septic tank or from a septic tank to a leach line.
means a soil particle; this term also refers to a type of
soil texture. As a soil particle, silt consists of individual rock
or mineral particles in soils having diameters ranging from between
0.05 and 0.002 mm. As a soil texture, silt is soil that is comprised
as approximately 80% or more silt particles and not more than 12%
clay particles using the USDA soil classification system.
means a structure that is usually occupied by just one household
or family and for the purposes of this chapter is expected to generate
between 150 to 250 gallons per day of wastewater.
means the location of the OWTS and, where applicable, a reserve
dispersal area capable of disposing 100% of the design flow from all
sources the OWTS is intended to serve.
means an assessment of the characteristics of the site sufficient
to determine its suitability for an OWTS to meet the requirements
of this chapter.
means the naturally occurring body of porous mineral and
organic materials on the land surface, which is composed of unconsolidated
materials, including sand sized, silt-sized, and clay-sized particles
mixed with varying amounts of larger fragments and organic material.
The various combinations of particles differentiate specific soil
textures identified in the soil textural triangle developed by the
United States Department of Agriculture (USDA) as found in Soil Survey
Staff, USDA; Soil Survey Manual, Handbook 18, U.S. Government Printing
Office, Washington, DC, 1993, p. 138. For the purposes of this chapter,
soil shall contain earthen material of particles smaller than 0.08
inches (2 mm) in size.
means the arrangement of primary soil particles into compound
particles, peds, or clusters that are separated by natural planes
of weakness from adjoining aggregates.
means the soil class that describes the relative amount of
sand, clay, silt and combinations thereof as defined by the classes
of the soil textural triangle developed by the USDA (referenced above).
means an on-site wastewater treatment system other than a
standard system.
means an on-site wastewater treatment system for a single-family
dwelling which uses an approved concrete, two-compartment septic tank
that disperses to a three-foot wide by three-foot deep trench utilizing
drain rock or chambers, relying on gravity for influent and effluent
flows, and has no additional treatment features.
is the State Water Resources Control Board.
means any OWTS or component of an OWTS, except a septic tank
or dosing tank, that performs additional wastewater treatment so that
the effluent meets a predetermined performance requirement prior to
discharge of effluent into the dispersal field.
is the acronym for "total maximum daily load." Section 303(d)(1)
of the Clean Water Act requires each state to establish a TMDL for
each impaired water body to address the pollutant(s) causing the impairment.
In California, TMDLs are usually adopted as basin plan amendments
and contain implementation plans detailing how water quality standards
will be attained.
means a group of bacteria consisting of several genera belonging
to the family Enterobacteriaceae, which includes Escherichia coli
bacteria.
means the U.S. Department of Agriculture.
means a bore hole, often three feet in diameter, greater
than 10 feet below ground surface, either lined or drain rock filled,
that receives the effluent discharge from a septic tank or other OWTS
treatment unit for dispersal.
means an operation and discharge permit issued for the discharge
of waste pursuant to Section 13260 of the California Water Code.
means sewage, graywater, and any and all other contaminated
liquid waste substances often associated with human habitation.
means the zone of saturation, except where that surface is
formed by an impermeable body such as cemented sands and hardpans.
means the area below the water table at which the soil is
completely saturated.
(Ord. 1947 § 1, 2016)
A.
Systems
Required.
1.
Every
building in which plumbing fixtures are installed and every premises
having drainage piping thereon, shall have a connection to an approved
public or private sewage disposal system.
2.
The
public sewer may be considered as not being available when such public
sewer or any building or any exterior drainage facility connected
thereto, is located more than 200 feet from any proposed building
or exterior drainage facility on any lot or premises which abuts and
is served by public sewer. If special conditions exist, the division
of environmental health director may waive this requirement.
3.
If
a connection to a public sewer is available, a permit shall not be
issued for the installation of an OWTS, or for the alteration or repair
of an existing OWTS.
4.
On
every lot or premises hereafter connected to public sewer, all plumbing
and drainage systems or parts thereof, on such lot or premises, shall
be connected with such public sewer.
(Ord. 1947 § 1, 2016)
A.
Where
permitted or required by code or regulation, the building sewer may
be connected to an OWTS complying with the provisions of this chapter.
The type of the system shall be determined on the basis of location,
soil character, loading rate, and groundwater level and shall be designed
by a qualified professional to receive all sewage from the property.
The OWTS, except as otherwise provided, shall consist of a septic
tank with effluent discharging into an approved, subsurface disposal
field.
B.
Where
conditions are such that the above system cannot be expected to function
satisfactorily for commercial, agricultural and industrial plumbing
systems; for installations where appreciable amounts of industrial
or indigestible waste are produced; estimated flows from hotels, hospitals
office buildings, schools, and other occupancies not specifically
listed in applicable plumbing code; and for occupancies producing
unusual quantities of sewage or liquid waste; the method of sewage
treatment shall be first approved by the division of environmental
health.
C.
One
acre parcels with restrictive/severe soils will require that disposal
systems be designed to utilize the most permeable or absorptive portions
of the soil formation as determined by a percolation test on each
parcel in the disposal field area. There shall be a minimum of five
feet of permeable soil below the bottom of the proposed OWTS.
D.
All
OWTS shall be so situated on the parcel so that additional subsurface
drain fields, equivalent to at least 100%, and in some cases 300%
(commercial and other sources) of the required original system, may
be installed.
E.
No property
shall be improved in excess of its capacity to absorb sewage effluent
in the quantities and by the means provided in this chapter.
F.
In the
event the division of environmental health determines that there is
insufficient lot area or improper soil conditions for adequate sewage
disposal by percolation methods for the building or land use proposed,
no building permit shall be issued and no OWTS shall be permitted.
The land developer or owner may submit additional data, test reports,
design calculations and other materials to the division of environmental
health for re-evaluation.
G.
Nothing
in this chapter shall prevent the division of environmental health
from requiring compliance with more stringent requirements than those
contained herein where such additional requirements are essential
to maintain a safe and sanitary condition.
H.
An exception
to any provision of these standards may be authorized when in the
judgment of the division of environmental health director, the application
of such provisions is unnecessary or impose additional requirements
if necessary to protect the quality of the water resources, public
health and safety. Specific conditions or exceptions will be prescribed
on the variance permit.
(Ord. 1947 § 1, 2016)
A.
No person
shall discharge or cause to be discharged into any onsite wastewater
treatment system, any materials, including, but not limited to, pollutants,
hazardous materials, or waters containing any pollutants or contamination
that causes or contributes to a violation of applicable water quality
standards. All sewage shall be disposed of by an approved method of
collection, treatment and effluent discharge.
B.
The
location, installation, operation and maintenance of OWTS and each
part thereof shall be such that it will function in a sanitary manner
and will not create a nuisance or endanger the safety of any water
supply, groundwater or surface water. In determining a suitable location
for the system, consideration shall be given to the size and shape
of the lot, location of building, slope of ground surface, depth to
groundwater, proximity of existing future water supplies, and expansion
of system or connection to future public sewers.
(Ord. 1947 § 1, 2016)
A.
Permit
Requirement. The property owner, and any contractor required by law,
shall apply for and obtain a permit from the division of environmental
health prior to commencing construction, repair, or abandonment/destruction
of any an OWTS within the unincorporated areas of Merced County and
incorporated areas where authorized. The application for a permit
shall be in the form prescribed by the division of environmental health
and contain such information as the division of environmental health
may require. Every permit issued shall be contingent upon compliance
with the requirements specified in this chapter.
1.
An
application for an OWTS may be submitted to the division of environmental
health by mail, however, construction of the proposed OWTS shall not
commence until the permit application has been approved and the property
owner and contractor is in receipt of the approved permit.
2.
It
shall be the responsibility of the property owner or any contractor
engaged, to post the permit at the work site, prior to commencement
of work for which the permit is required and provide a minimum 24
hours notification for standard OWTS, and 48 hours notification to
the division of environmental health prior to commencing work. The
permit shall be posted in a readily accessible location on the property
before work commences, and shall remain posted during all phases of
inspection and until final approval is documented. Inspections shall
be requested from the division of environmental health not less 24
hours in advance. Any owner or contractor who fails to comply with
this requirement and commences work, for which a permit is required
but has not been secured, shall be in violation of this chapter.
3.
A
permit shall be required for repair of any part of the septic tank
and/or leach field and/or leach pit other than pumping of the septic
tank.
4.
An
application for an OWTS permit shall be accompanied by a nonrefundable
permit fee, when a fee is required.
B.
Permit
Validity. A permit issued under this chapter shall be valid for a
period of six months from the date of issuance. At any time prior
to the expiration of the six-month permit period, a permittee under
this chapter may apply for one extension of the permit, for a period
of one year. The extension of a permit under this section may be granted
at the discretion of the division of environmental health director,
upon a showing of good cause. Completion of the permitted work in
accordance to this ordinance shall be within 12 months from the date
of issuance of the permit, or 12 months from the date of any permit
extension under this section.
C.
Permit
Applicant Requirements. When a contractor makes an application for
a permit, said contractor shall have on file a copy of a valid contractor's
license and a certificate of insurance which states that there is
in existence a valid policy of workmen's compensation insurance in
a form approved by the Insurance Commissioner. Said certificate shall
show the following:
1.
The
expiration date;
2.
Coverage
is provided for construction permits in accordance with Labor Code
Section 3800;
3.
The
insurer shall give the county at least 10 days' notice of the cancellation
of the policy. No permit shall be issued without the insurance information
above.
(Ord. 1947 § 1, 2016)
A.
Site
Evaluation. Soils in Merced County vary dramatically from parcel to
parcel, and within a parcel boundary. Some parcels and lots will be
unusable where OWTS are contemplated. Percolation test results, soil
analyses and reports, groundwater data, loading rates, and plot plans
shall be submitted to the division of environmental health for review
and approval. The division of environmental health may exempt these
requirements (except plot plan) on parcels where documented OWTS performance
is adequate, or when special sewage system designs in comparable soil
conditions are on file and have demonstrated satisfactory operational
histories. OWTS component locations and sizes shall be established
and computed as set forth in the design standards of this chapter.
B.
Percolation
Rates and Tests. In designated areas of where subsurface OWTS are
planned, the soil must have an acceptable percolation rate without
interference from groundwater or impervious soil strata below the
proposed dispersal area. Percolation tests in proposed sewage disposal
area(s) will be required in areas of restricted soils, commercial
installations, proposed and new divisions of land relying on private
OWTS, and special systems to determine the suitability of soils to
receive effluent from OWTS. Percolation rate tests may be specified
as to the number of tests and the locations on the division of land
plat or other land development plan by the division of environmental
health director. Percolation tests must be performed within the designated
sewage disposal area(s).
1.
Percolation
Rate Criteria. Percolation rate testing must be performed by a qualified
professional. Advance notice, minimum of 24 hours, shall be given
to the division of environmental health so that the performance of
a percolation rate test may be observed.
2.
A
minimum of one percolation test per parcel, or more if required by
the division of environmental health, shall be performed to clearly
show the absorptive capacity of the soils throughout the area to be
developed. These tests shall be performed according to the percolation
test standards and procedures approved by the division of environmental
health.
3.
Percolation
tests should be performed at various depths in order to determine
the optimal soil(s) for OWTS sewage dispersal. The percolation test
criteria presented in this chapter are designed to standardize percolation
test procedures and thereby establish a uniform basis for evaluating
percolation test results.
4.
Percolation
Test Procedures.
a.
Dig, or bore a test hole with a minimum diameter of eight inches.
The bottom of the test hole shall be located at the same depth as
the bottom of the proposed leaching field.
b.
There shall be at least five feet of undisturbed soil extending around
all sides of the percolation test hole.
c.
Roughen or score the bottom and sidewalls of each test hole to expose
the natural surface of the materials encountered. Remove all loose
materials from the test hole.
d.
Evenly spread two inches of coarse sand or fine gravel into each
test hole to protect the bottom surface of the test hole. Insert a
perforated pipe, vertically oriented, into the test hole resting on
the surface of the emplaced sand or gravel. The pipe shall be secured
in place to prevent movement during the test.
e.
Pour clean water into the perforated pipe to a minimum depth of 12 inches above the bottom of the hole. Recheck the water level in the perforated pipe routinely and refill if necessary to ensure the test hole is saturated. The test hole shall be presoaked for a minimum of 24 continuous hours. If the soil is known to have a low shrink-swell potential, the 24 hour presoaking period is unnecessary. In this case, fill the test hole with clean water to a depth of 12 inches. Allow the water to completely seep away, then proceed with subsection (B)(4)(f).
f.
Immediately following the 24 hour soaking period, adjust the water
level to six inches above the sand or gravel layer. From a fixed reference
point, measure the drop in water level at approximately 30 minute
intervals, 10 minute intervals or less for sandy soils, measurement
interval will vary. When a stabilized absorption rate has been reached,
the test may be ended. Percolation rates will be considered stabilized
when four consecutive readings demonstrate a consistent rate of fall
has been obtained. The smallest drop that occurs during the stabilized
period will be used to calculate the percolation rate.
C.
Soils
Report. A soils report regarding the feasibility of using onsite wastewater
treatment system is required for subdivision land development and
may be required for an individual parcel and other developments. The
division of environmental health will determine OWTS design specifications
from the soil report. The report must be prepared and signed by a
qualified professional or other specialist acceptable to the division
of environmental health containing the following information at a
minimum:
1.
Soils
Report Criteria.
a.
Soil borings must be completed to clearly describe the types of soil
beneath the dispersal area. Borings should extend to a point at least
five feet below the finished grade of proposed dispersal areas including
horizontal trenches and 10 feet for vertical leaching pits. A minimum
of one soil boring for every five acres in the dispersal area, or
if conditions indicate, a greater number of soil borings will be required
as determined by the division of environmental health director.
b.
The soils encountered must be accurately described in accordance
with the USDA, "Unified Soil Classification System." Specified field-derived
information on each soil type encountered shall include: typical name
and group symbol; approximate percent of gravel, sand and fines (silt
or clay); plasticity; color; dilatancy; moisture conditions; type
and degree of cementation; consistency (clays) or degree of compactness;
structure and drainage characteristics; and other pertinent descriptive
information affecting soil permeability. Laboratory testing may be
required to substantiate suitability of soil for individual sewage
systems.
c.
The soils report must accurately define and describe areas where
hardpan or other impermeable layers of soil and rock exist within
15 feet of the ground surface.
d.
The soils report must provide a detailed description of the groundwater
table in and adjacent to the project area.
(Ord. 1947 § 1, 2016)
A.
Design
Standards, Criteria and Design Revision. The division of environmental
health shall prepare design standards for OWTS. When necessary and
as required, the division of environmental health shall revise and
design OWTS standards to reflect contemporary engineering concepts
and other legal requirements.
1.
Design
Standards and Criteria. The OWTS system shall be designed to receive
all domestic sewage from the property. No basement, footing, surface
drainage, water softener, or discharge from swimming pool filters
(backwash) shall be permitted to enter any part of this system.
2.
Where
soil porosity and available area do not permit the use of a subsurface
horizontal leaching field, and an adequate absorption soil stratum
can be found at a greater depth without endangering the water table,
the effluent may be discharged into one or more vertical leaching
pits.
B.
Qualified
Professional. Only those persons knowledgeable and experienced shall
conduct site evaluations and engage in the design of OWTS. Only qualified
professionals shall design OWTS and practice as professionals as allowed
under their specific license or registration.
C.
Special
OWTS and Experimental Systems. Special OWTS designs shall be accepted
for review from a qualified professional acceptable to the division
of environmental health. Re-evaluation and follow up reporting is
required to validate the proper performance and functionality of any
special or experimental system.
D.
Commercial,
Industrial and Multi-Use OWTS. Evaluation of these proposed OWTS may
require additional information not required for a single-family residential/standard
system. The applicant for such an OWTS shall provide the division
of environmental health drawings, data, and other engineering calculations
and materials as may be required by the division of environmental
health in order to evaluate the proposed system.
E.
Responsibility.
The property owner and/or their contractor(s) are responsible for
compliance with installation requirements. The property owner is responsible
for proper operation, maintenance, abandonment, and destruction of
any OWTS.
F.
Abandonment.
Abandoned OWTS shall be properly disconnected from the building or
sewage source, and pumped by a licensed septic tank pumper., Components
removed must be disposed of at an approved location, or destroyed
in-place and backfilled with compacted earth, sand or other approved
materials; septic tanks destroyed in-place shall be rendered incapable
of fluid storage. All abandonment/destruction work must be performed
under permit obtained from the division of environmental health.
G.
Plot
Plan. All OWTS shall be permitted and installed as designed and approved.
Any variation from approved design may require a new OWTS permit and
approval. The OWTS permit application shall be signed by the property
owner and appropriately licensed contractor in accordance with applicable
laws affirming the information provided is accurate and representative
of actual site conditions, and shall include a representational detailed
drawing of the subject parcel or portion thereof. The plot plan shall
be drawn to reasonable scale, no larger than one inch equaling 50
feet, with the following information:
1.
Owner's
name, street address, job address and telephone number;
2.
A
diagram of the parcel showing all property lines, dimensions, the
assessor parcel number (APN), and North arrow orientation;
3.
Names
of streets and roads fronting the property, and any existing and proposed
internal roads and vehicle access and/or parking areas including driveways;
4.
Dimensions,
outlines, and locations of all existing and proposed structures, including
hard surfaces such as patios, driveways and walks (e.g., earthen,
asphalt, concrete and or gravel-covered);
5.
Location
of house sewer outlet and proposed location of septic tank and disposal
system on the property;
6.
Location
and nature of any existing and proposed OWTS on the property, and
dedicated replacement areas in the event of system failure;
7.
Location
of any existing trees which may affect location of septic tank or
disposal areas and related systems;
8.
Any
prominent features on and adjacent to the property such as rights-of-way,
easements, elevation changes, canals, creeks, lagoons, ponds, corrals;
9.
Location
of any existing or proposed well, in use or abandoned, either on this
property or within 300 feet of the property lines;
10.
A statement of the maximum expected waste volume per day: for dwelling
units, pool houses, and/or guesthouses, provide the number of bedrooms
and bathrooms (rooms with closets will be considered bedrooms for
OWTS design purposes);
11.
Source and description of domestic water supply;
12.
Any public water supply well within 200 feet and any surface water
intake for a public water system within 2,500 feet;
13.
Total square footage of the lot, minimum useable disposal area on
the lot, and all buildings;
14.
Setback requirements of front, back and sides of property;
15.
Name and telephone number of the preparer of the plot plan.
H.
Soil
Conditions.
1.
Soil
depth separation from the bottom of the leachfield trench to the highest
anticipated level of groundwater shall not be less than five feet
for any horizontal dispersal field or 10 feet for any vertical leaching
pits.
2.
A
permeable soil strata with a percolation rate equal to or faster than
the OWTS design rate, but not faster than five minutes per inch, shall
extend to a depth of at least one foot below the bottom of the leachfield
trench.
I.
Minimum
Disposal/Dispersal Field Area.
1.
The
minimum disposal field area shall conform to Table 1 - Percolation
Rates and Minimum Usable Disposal Areas below. Minimum lot size for
parcels with OWTS is one net acre of useable area with an individual
domestic well or public water system.
2.
The
minimum disposal area shall conform to the following:
|
Table 1 – Percolation Rates and Minimum Usable Disposal
Areas
| |
|---|---|
|
Percolation Rate
(minutes/inch)*
|
Minimum Usable Disposal Area
(square foot)
|
|
5-10
|
6,000
|
|
11-20
|
8,000
|
|
21-40
|
10,000
|
|
41-60
|
12,000
|
|
61-80
|
14,000
|
|
81-100
|
16,000
|
|
101-120
|
18,000
|
|
121-140
|
20,000
|
|
141-160
|
22,000
|
|
161-180
|
24,000
|
|
180+
|
++
|
|
Notes
| |
|---|---|
|
*
|
Determined in accordance with procedures contained in current
U.S. Department of Health, Education and Welfare "Manual of Septic
Tank Practices," E.P.A. Manual, On-Site Wastewater and Disposal Systems
or an alternative method approved by the division of environmental
health director.
|
|
++
|
A minimum parcel size of five acres is required when percolation
rates are greater than 180 minutes per inch.
|
J.
Unacceptable
Disposal Areas.
1.
Installation
of drain fields in low lying areas and areas subject to flooding,
or in areas where groundwater reaches the ground surface at certain
times of the year, are not acceptable unless otherwise approved by
the division of environmental health.
2.
The
following areas are also considered unsuitable for the location of
disposal areas, disposal replacement and expansion areas:
a.
Areas within any easement which is dedicated for surface or subsurface
improvement and any paved area.
b.
Areas for vehicle parking.
c.
Areas not owned or controlled by property owners unless said area
is dedicated for wastewater disposal purposes.
d.
Areas occupied or to be occupied by structures.
e.
Slopes for effluent disposal greater than 20%.
K.
Minimum
Horizontal Separation Distances.
|
Table 2 – Minimum Horizontal Separation Distances (in
feet)
| |||
|---|---|---|---|
|
Facility
|
Septic Tank or Sewer Line
|
Leach Field
|
Leach Pit
|
|
Domestic Well*
|
50
|
100
|
150
|
|
Public Well*
|
100
|
150
|
200
|
|
Flowing Spring or Stream1
|
100
|
100
|
100
|
|
Drainage Course or Ephemeral Stream2
|
25
|
50
|
50
|
|
Cut or Fill Bank3
|
10
|
4 x H
|
4 x H
|
|
Property Line4
|
25
|
50
|
75
|
|
Structures
|
5
|
10
|
15
|
|
Lake, Ponds, Reservoir, Wetlands5
|
200
|
200
|
200
|
|
Public Water System Surface Water Intake
|
See foot notes 6 and 7 below
| ||
|
Unstable Land Mass
|
100
|
100
|
100
|
|
Notes:
| |
|---|---|
|
*
|
Merced County Code, Chapter 9, Wells, Section 9.28.060(C)(5)(a) requires a minimum 50 annular seal that is two and one-half times greater than the state minimum standard established by the Department of Water Resources.
|
|
1
|
As measured from the line which defines the limit of a 10 year
frequency flood.
|
|
2
|
As measured from the edge of the drainage course or stream.
|
|
3
|
Distance in feet equal to four times the vertical height of
the cut or fill.
|
|
4
|
This distance shall be maintained when individual wells are
to be installed and the minimum distance between waste disposal and
well cannot be assured.
|
|
5
|
As measured from the high water mark of the reservoir or flowing
water body.
|
|
6
|
Where the effluent dispersal system is within 1,200 feet from
a public water systems' surface water intake point, within the catchment
of the drainage, and located such that it may impact water quality
at the intake point such as upstream of the intake point for flowing
water bodies, the dispersal system shall be no less than 400 feet
from the high water mark of the reservoir, lake or flowing water body.
|
|
7
|
Where the effluent dispersal system is located more than 1,200
feet but less than 2,500 feet from a public water systems' surface
water intake point, within the catchment of the drainage, and located
such that it may impact water quality at the intake point such as
upstream of the intake point for flowing water bodies, the dispersal
system shall be no less than 200 feet from the high water mark of
the reservoir, lake or flowing water body.
|
L.
Minimum
Requirements.
1.
Septic
Tank Specifications. Minimum septic tank size is as follows:
|
Capacity of Septic Tanks
| |
|---|---|
|
Number of Bedrooms
|
Liquid Capacity in Gallons
|
|
1—3
|
1,200
|
|
4
|
1,500
|
|
51
|
1,800
|
|
Notes:
| |
|---|---|
|
1
|
Tank capacity shall be increased by 300 gallons per bedroom
for each additional bedroom over five.
|
3.
Materials
of Construction.
a.
The septic tank shall have a minimum of two compartments and be constructed
entirely of reinforced watertight precast concrete.
b.
Wood or metal septic tanks are not permitted.
c.
Tanks constructed of durable and non-corrodible synthetic materials
may be allowed subject to the approval of the division of environmental
health.
4.
The
inlet and outlet baffles (tees) shall extend at least four inches
above and 12 inches below the water surface.
5.
The
inlet compartment shall not be less than two-thirds of the total capacity
of the septic tank.
6.
Access
to the septic tank shall be provided by at least two manholes, a minimum
of 20 inches in diameter. One shall be located over the inlet compartment,
the other over the outlet compartment.
7.
Each
compartment of any septic tank, where the septic tank is installed
greater than two feet below ground surface, and all holding tanks,
shall be accessible via a water tight riser to or above grade, with
a bolted or locked water-tight lid. The tank-riser interface shall
be water-tight.
8.
NSF/ANSI
certified effluent filters (less than 3/16″ passage) are required
for new and replacement septic tanks.
9.
Septic
tank construction shall conform to California Plumbing Code regulations.
Inlet and outlet baffles or compartment partitions shall have a free
vent area equal to the required cross sectional area of the house
sewer or private sewer discharging therein to provide free ventilation
above the water surface from the disposal field through the septic
tank, house sewer and stack to the outer air.
10.
Horizontal drainage piping from the building or other sewage source
to the septic tank shall be a uniform slope of not less than one-quarter
inch per foot. In special cases the slope may be reduced to one-eighth
inch per foot.
11.
Minimum horizontal distance from the septic tank to building foundation
is five feet.
12.
The building or other sewage source stub out shall exit the building
or other source no less than six inches and not more than 18 inches
below adjacent finish grade.
13.
The septic tank shall be covered with not less than 12 inches of
soil.
M.
Leachfield
Specifications.
1.
Leachline
trench absorption area shall be based on the sidewall area of the
trench.
2.
Gravity
flow leachlines (perforated pipe) shall be laid level in the trench
with a maximum length of 100 feet.
3.
Drain
rock shall be round, a minimum of three-quarter inch and not more
than two and one-half inches, washed gravels, relatively free of fines,
sand, very fine silt and clay (no crushed rock).
4.
In
clay soils, smeared or compacted surfaces of horizontal trenches and
shallow pits must be scored pri-or to filling with drain rock or installation
of other approved materials.
5.
Distribution
boxes shall be constructed of watertight precast concrete with an
integral bottom and shall be designed and positioned to assure equalized
flow. All inlets and outlets shall be sealed.
6.
Leachfields
shall not be installed in saturated soils.
7.
Leachlines
must be 10 feet away from any building foundation.
8.
Minimum
distance between leachlines is 10 feet measured horizontally center
to center.
9.
A
minimum 50 foot perimeter setback is required from all lot lines adjacent
to undeveloped property and a five-foot perimeter setback is required
from all other parcel lot lines.
10.
Leachlines shall not be less than four inches in diameter and laid
with one-quarter to one-half inch perforations.
11.
Before leachlines are laid, approved drain rock shall be placed in
the trench to a minimum depth of 18 inches. A minimum cover of four
inches of drain rock over the leachline is required. A cover of untreated
building paper, or suitable substitute (e.g., fine mesh geotextile
fabric), shall be used to cover the drain rock to prevent trench backfill
materials from entering the voids in the emplaced drain rock; there
shall be a minimum backfill of one foot of earthen cover over the
building paper.
12.
Distribution boxes shall be constructed at the head of each subsurface
disposal field. The box shall be at least 12 inches across inside.
Each leachline shall be connected individually. Distribution box alternatives
may be approved by the division of environmental health director.
13.
The leachfield trench should not be more than three feet wide nor
less than two feet wide for maximum secondary treatment.
14.
A standard leachline is considered to be three feet wide, three feet
deep with a length as required.
15.
Chamber systems may be installed as an alternative to drain rock.
Decreased leaching area for IAPMO certified dispersal systems, such
as chambers, using a multiplier equal to and less than 0.75 may be
allowed.
16.
The minimum soil cover for standard systems shall be at least six
inches below surface grade for pressure systems and 12 inches below
surface grade for standard gravity systems.
N.
Sewage
Flow Specification Applicability. The sewage flow from a residential
OWTS shall be based on a minimum of 150 gallons per bedroom per day.
O.
Special
Design OWTS.
1.
Special
Design OWTS Applicability. Special design OWTS are required for OWTS
that do not comply with the design criteria for standard systems including
systems where the soil conditions, topography, or ultimate use are
included in, but not limited to, the following categories.
a.
Disposal field soils where percolation rates are slower than 60 minutes
per inch or faster than five minutes per inch.
b.
Installation on slopes greater than 10% and not more than 20%.
c.
Disposal systems for other than single-family residential use.
d.
Disposal systems requiring advanced or alternative treatment (e.g.,
advanced treatment units/ATU).
2.
Special
Design OWTS System Designer. Special systems shall be designed by
qualified professionals.
3.
Special
Design OWTS Processing Procedure. The plot plan and supporting data
relative to the proposed site must be submitted to the division of
environmental health for evaluation and approval.
P.
Alternative
OWTS (ATS) and Advanced Treatment Units (ATU). Where centralized public
wastewater services are not proposed for a subdivision or certain
commercial properties relying on individual on-site wastewater treatment
systems, the division of environmental health will require nitrogen-reducing
ATS or other approved ATU to be properly installed, operated and maintained.
1.
Alternative
OWTS (ATS) and Advanced Treatment Units (ATU) Applicability. The intent
of this requirement is to reduce wastewater concentrations and protect
surface and groundwater resources, particularly in higher density
OWTS applications. The following conditions shall be applied to all
major subdivisions and certain commercial properties approved on or
after November 18, 2005 as determined by the division of environmental
health.
2.
Nitrogen-reducing
advanced treatment systems requirements for all major subdivisions
and certain commercial properties in Merced County:
a.
Specially designed nitrogen-reducing OWTS are required which release
an effluent concentration not to exceed 50% of the influent total
nitrogen concentration. The specific system that meets this requirement
shall be approved by the division of environmental health prior to
installation.
b.
Testing and performance certification of the nitrogen-reducing system
is required by a third party independent organization (e.g., state
or federal agency, college/university, NSF, ANSI, etc.). Certification
shall document at least six months of successful operation during
which the effluent total nitrogen did not exceed 50% of the influent
total nitrogen concentration.
c.
The property owner is responsible for the proper ongoing operation
and maintenance of the nitrogenreducing system, ATS and ATU. The owner
shall demonstrate to the division of environmental health, the approved
system was installed and is continuously operated and maintained in
accordance with manufacturer's requirements and recommendations. Performance
reporting is required, with specific information and intervals (e.g.,
annual), to be determined by the division of environmental health
director which may include, but not limited to, influent and effluent
concentrations for nitrogen compounds, total suspended solids (TSS),
biochemical oxygen demand (BOD), component function status, failures,
and repairs.
Q.
Duck
Clubs. Duck clubs contemplating OWTS reliance often experience difficulty
meeting setback requirements related to surface water and/or groundwater
and percolation rates are routinely greater than 60 minutes per inch
in these settings requiring large disposal areas. When waterfowl ponds
are flooded, area groundwater rises as soils become saturated. As
a result, required minimum separation from the bottom of leach lines
to anticipated high groundwater is difficult or impossible to achieve.
1.
Minimum
Requirements.
a.
All human toilet waste material contained in a chemical toilet or
a watertight holding tank shall be serviced as frequently as necessary
and/or at least once a year at the end of the season by a licensed
septic tank pumper with ultimate disposal at an authorized location.
b.
Graywater from kitchen sinks, showers or laundry facilities may be
discharged to a stabilization/oxidation pond in a design approved
by the division of environmental health.
c.
The division of environmental health may prescribe more stringent
requirements if considered necessary for the protection of public
health and safety.
d.
Existing duck club OWTS may continue using their present OWTS provided
a potential or actual nuisance or health and safety hazard is not
created, and the facilities are upgraded to the minimum required specified
in this chapter upon any major modification or replacement of existing
structures.
e.
Caretaker dwelling units occupied on a permanent basis shall have
a special designed OWTS approved by the division of environmental
health.
2.
Holding
Tank/Septic Tank Criteria for Duck Clubs. The division of environmental
health may permit septic-tank-only systems for duck clubs under the
following conditions:
a.
The minimum holding tank size is 1,800 gallons for one-, two- and
three-bedroom dwellings. Each additional bedroom (or equivalent sleeping
area) requires an increase in tank capacity of 300 gallons.
b.
Holding tanks may be single compartment, all sewage holding tanks
must be water tight.
c.
Holding tanks (all compartments) shall be pumped dry at the end of
each season's use and in-between as needed. No septic tank or holding
tank shall be allowed to overflow.
d.
Each compartment of any septic tank or holding tank shall be accessible
via a water tight riser to or above grade, with a bolted or locked
water-tight lid. The tank-riser interface shall be water-tight.
e.
Septic tanks are considered structures by the Building Codes. All
tanks, risers, and lids shall be compliant with applicable building
and plumbing codes enforced by the Merced County department of public
works, division of buildings and safety.
f.
These tanks can be subject to buoyant forces from shallow groundwater
particularly when empty; tie down systems may be necessary.
3.
Septic
Tank and Leach Line Systems Criteria for Duck Clubs. Septic tank and
leach line systems may be allowed at duck clubs only if all of the
following conditions are met:
a.
All septic tank and leach line setbacks shall be maintained at all
times, including setbacks to surface water; and
b.
A minimum of five feet of separation can be maintained between the
bottom of the leach trench and highest historical and anticipated
groundwater level; and
c.
The soil percolation rate in the proposed leach line/dispersal area
is between five and sixty (60) min./inch; and
d.
Leach lines on systems approved for such are constructed no deeper
than standard systems; and
e.
Septic tanks shall meet the septic tank requirements described in
this chapter; and
f.
Tank size and total leach line length shall be determined by the
division of environmental health; and
g.
The septic tank shall be covered with not less than 12 inches of
soil.
(Ord. 1947 § 1, 2016)
A.
The
division of environmental health shall be responsible for implementation
of this chapter and regulations adopted by the board of supervisors.
B.
The
division of environmental health shall establish a permitting system
to authorize the construction, repair, use, abandonment, and destruction
of any OWTS within the unincorporated areas of Merced County and incorporated
areas where authorized.
C.
The
division of environmental health shall have authority to investigate
any activity subject to this chapter. Compliance with this chapter
will be determined based on the submission of a technical report to
the division of environmental health. The division of environmental
health is authorized to enforce the prohibition of any activity that
is determined to be in violation of this chapter or regulations adopted
by the board of supervisors.
D.
The
applicant, permit holder or other interested person or entity may
appeal an administrative determination made by the division of environmental
health under this chapter which: (1) finds that an application is
complete or incomplete; (2) establishes or modifies operating conditions;
(3) grants or denies a permit; or (4) suspends or revokes a permit.
Administrative appeals under this section must be made in writing,
must clearly set forth the reasons why the appeal ought to be granted,
and must be received by the clerk of the board within 15 calendar
days of the postmark date on the envelope that transmits the administrative
determination. Any appeal that is not timely filed, or that is not
accompanied by the required fee, will be deemed ineffective and the
administrative determination that is being appealed will become final.
The board of supervisors shall fix a reasonable time for the hearing
of an appeal of an administrative determination at a regularly scheduled
meeting of the board of supervisors. The board of supervisors shall
provide written notice of the appeal hearing to the appellant and
all interested parties and to all landowners within one-quarter mile
of the parcel where operations will occur. The board of supervisors
shall hear the appeal and issue a decision within 30 days after the
hearing. The board of supervisors may take any appropriate action
upon the original administrative action that was appealed, including
granting or denying the appeal in whole or in part, or imposing, deleting
or modifying operating conditions of the permit. The decision of the
board of supervisors shall be final forthwith.
(Ord. 1947 § 1, 2016)
A.
General
Authority. The division of environmental health director, or authorized
designee(s), is authorized to take all necessary action to enforce
the provisions of this chapter and to carry out any other special
enforcement programs initiated by order or resolution of the board
of supervisors.
B.
Right
of Entry and Inspection. The division of environmental health director,
or authorized designee(s), may enter at any and all reasonable times
any places, property, premises, or enclosure for the purpose of carrying
out any activity required or authorized by the provisions of this
chapter, including to make examinations and investigations to determine
whether any provision of this chapter is being violated. Upon request,
the county personnel entering and inspecting shall provide adequate
identification. Except under extreme circumstances, an inspection
warrant shall be obtained if entry is refused.
C.
Stop
Orders. The division of environmental health director, or authorized
designee(s), is authorized to issue stop orders to prohibit further
construction or use of OWTS or related facilities that any of them
deem in violation of the provisions of this chapter. Such stop orders
shall remain in effect until violations are corrected.
D.
Citations.
The division of environmental health director or authorized designee(s),
are authorized to issue citations and/or abatement orders to persons
for violations of the provisions of this chapter.
E.
Enforcement
Costs. The division of environmental health director, or authorized
designee(s), is authorized to recover from the property owner or the
person in control of the property, all administrative costs associated
with the enforcement of the provisions of this chapter or the enforcement
of any condition to the issuance or granting of any permit or entitlement
provided for by this chapter.
F.
No Entitlement
for OWTS with Violations. No permits of any kind or other entitlement
shall be accepted or processed for OWTS in violation of provisions
of this chapter unless such entitlement corrects the violation.
G.
Revocation
or Modification for Cause. A permit may be revoked or modified for
cause as provided by the provisions of this section. For purposes
of this section, such modification may include the modification of
the terms of the permit itself or the waiver, alteration, and imposition
of new conditions.
1.
Grounds
for Revocation or Modification. Revocations or modifications may be
made upon a finding of any one or more of the following grounds:
a.
That such permit was obtained or extended by fraud;
b.
That one or more of the conditions upon which such permit was granted
have been violated or is not followed;
c.
That the use for which the permit was granted is so conducted as
to be a nuisance or detrimental to the public health, welfare, or
safety; or unreasonable within the meaning of Article X, Section 2
of the California Constitution.
2.
Initiation
of Action. An administrative action to revoke or modify may be initiated
by order of the board of supervisors, on its own motion or on the
request of the division of environmental health director, or authorized
designee(s).
3.
Notice,
Review Hearing, and Decision. An action to revoke or modify shall
be noticed, reviewed, heard, and decided in the same manner and by
the same authority that originally granted the permit.
4.
An
action to revoke or modify may be appealed pursuant to the appeal
procedure.
H.
Any
OWTS use which is established, operated, used, erected, moved, altered,
enlarged, or maintained contrary to the provisions of this code, is
declared to be unlawful and shall be subject to the remedies and penalties
set forth in this chapter.
(Ord. 1947 § 1, 2016)
A.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Section 1.28.020 of Merced County Code. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or allowed and shall be punishable accordingly.
B.
In addition
to or in lieu of the penalty provisions or remedies set forth in this
chapter, any violation of any of the provisions of this chapter, and
any condition caused or allowed to exist in violation of any of the
provisions of this chapter, shall be deemed a public nuisance and
shall, at the discretion of the county, create a cause of action for
injunctive relief, including but not limited to any remedy under Chapter
5 (commencing with Section 17200) of Part 2 of Division 7 of the Business
and Professions Code.
(Ord. 1947 § 1, 2016)
A.
The
provisions of this chapter are hereby declared to be severable. If
any provision, clause, word, sen-tence or paragraph of this chapter
or the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
B.
The
prohibitions of this chapter shall not be applicable to the extent
that their application would result in a violation of the Constitution
or other laws of the United States or the state of California. The
division of environmental health shall issue a permit to authorize
conduct otherwise prohibited under this chapter if the applicant demonstrates
that such permit is necessary to avoid such a violation of state or
federal law.
(Ord. 1947 § 1, 2016)
Where there is a conflict between the regulations of this chapter
and any other chapter of local, state or federal regulation, the greater
or more stringent regulation or restriction shall apply and shall
be enforced by persons authorized in this chapter.
(Ord. 1947 § 1, 2016)
