The increased complexity of onsite wastewater treatment systems
(OWTS), changes in treatment technology, and the need to protect groundwater
and watershed areas make it essential that qualified professionals
design, install, maintain and operate, and manage wastewater residuals
of these systems and to create uniform requirements for these professional
practitioners.
Registration of practitioners will establish an administrative
framework and standards for practitioners in the field of onsite wastewater
treatment system design, siting, installation, inspection, operation
and maintenance, and residuals management. This program is an essential
part of the local agency management program for enforcement of the
Statewide OWTS Policy and State Water Resources Control Board's Regional
Water Basin Plan.
(Ord. 435 § 5, 2018)
For purposes of this chapter, the following words and terms
have the following meaning:
means the person who is appropriately registered as an onsite
wastewater treatment system practitioner with the city.
means the successful completion of course work and testing
by a third party entity as evidence by a certificate of completion.
means an onsite wastewater treatment system comprised of
a two-compartment septic tank for primary treatment and dispersal
in leaching trenches, leaching beds, leaching chambers, or seepage
pits. Effluent will flow to the trenches by gravity, or may be pumped
to the dispersal system.
means the obtainment of the appropriate state of California
licensing as a contractor, a registered civil engineer, a registered
professional geologist, or a registered environmental health specialist.
means the document developed, maintained and amended, as
needed from time to time, by the city of Malibu containing guidelines
for implementation of onsite wastewater treatment system regulations.
means a system, or series of systems, of pipes, tanks, trenches,
seepage pits and other components used for the collection, treatment
and subsurface dispersal of wastewater. This term is synonymous with
private sewage disposal systems, as used in the California Plumbing
Code. OWTS do not include "graywater" systems pursuant to Health and
Safety Code Section 17922.12.
means the administrative document issued by the administrative
authority authorizing the initial and/or continued use of an OWTS
in conformance with the provisions of this code.
means regular inspection, monitoring, and service provided
to onsite wastewater treatment systems to ensure the system is properly
functioning and to ensure their long-term viability.
means any individual, corporation, association, firm, organization,
partnership, or company.
means a person approved by the city to perform site evaluations
and design OWTS who meets the requirements for registration as specified
in this chapter.
means a person approved by the city to inspect the condition
and operation of onsite wastewater treatment systems who meets the
requirements for registration in this chapter.
means a person approved by the city to install onsite wastewater
treatment systems who meets the requirements for registration as specified
in this chapter.
means a person approved by the city to perform operation,
monitoring, and maintenance assessments and routine maintenance of
OWTS who meets the requirements for registration as specified in this
chapter.
means a person approved by the city to pump septic tanks,
wastewater treatment tanks, and pump chambers having met the requirements
for registration as specified in this chapter.
means the successful completion of course work and testing
by a third party entity as evidenced by a certificate of completion.
means an assessment of the characteristics of the site sufficient
to determine its suitability for an OWTS to meet the requirements
of this code. Site evaluations shall be in accordance with procedures
and criteria established in the Malibu OWTS Manual.
means any additional treatment, so that the effluent meets
a predetermined performance requirement prior to discharge of effluent
into the dispersal field.
means sewage that is designated as "blackwater" and/or "graywater."
"Blackwater"
means wastewater contaminated with human wastes, generally
originating from toilets. It includes, but is not limited to, wastewater
discharges from water closets, toilets, urinals, kitchen sinks, food
preparation sinks, or other similar fixtures alone or in combination
with other wastewater.
"Graywater"
means wastewater, exclusive of blackwater or industrial waste,
deposited into plumbing drainage system or exiting directly from wastewater
generating appliances. It includes, but is not limited to, wastewater
discharges from washing machines, bathtubs, showers, bathroom washbasins,
and laundry tubs. Kitchen sinks shall be considered blackwater for
the purposes of this chapter.
(Ord. 435 § 5, 2018)
This chapter shall apply to all OWTS within the city regardless
of design flow, strength, or other state or local regulatory requirements.
(Ord. 435 § 5, 2018)
A.
Registered
Wastewater Residuals Management Requirements (OWTS Pumpers).
1.
It
is unlawful for any person to engage in wastewater residuals removal
(pumping) from any septic tank, distribution box, dispersal area;
including, but not limited to, leach fields and seepage pits, a chemical
or portable toilet, or the removal of any other accumulations of sewage,
without first having obtained a registered wastewater residuals management
certificate from the city.
2.
Upon
pumping any septic tank, distribution box, dispersal area, including,
but not limited to, leach fields and seepage pits, a chemical or portable
toilet, or the removal of any other accumulations of sewage, pumpers
shall complete a "septage pumping report" (report), using a reporting
format prescribed by the city. All septage pumping reports shall be
submitted to the city on a monthly basis on or before the 15th of
the following month. The city may request specific reports seeking
additional information which shall be provided within three business
days. At any time any septic tank, distribution box, dispersal area,
including, but not limited to, leach fields and seepage pits is pumped
three or more times during any 180 day period or when pumping is required
to eliminate the discharge of septage or effluent onto the ground
or into a structure, such activity shall be reported to the city within
24 hours in a "septage pumping report."
3.
Any
person seeking registered status with the city as a registered wastewater
residuals management entity (pumper) shall file and maintain a current
mailing address with the city, and shall agree that correspondence
and notices may be sent to the stated addresses from the city. Address
verification and correspondence and notice agreement shall be filed
with the city on the OWTS practitioner address form.
4.
Requirements
for initial registered wastewater residuals management (pumper) registration
and for the re-registration when the registration has lapsed without
renewal shall include the following:
a.
The pumper shall demonstrate to the city that the vehicles used to
pump and transport septage meet the following requirements:
i.
Are registered with the state of California Department of Motor Vehicles;
and
ii.
Are registered with the county of Los Angeles Department of Public
Health and/or Ventura County Environmental Health Division and maintained
in full compliance with all of their requirements; and
iii.
All outer contact surfaces and fittings shall be kept in a clean
and sanitary condition while stored or in transit; and
iv.
All discharge valves shall be in good repair, free from leaks and
fitted with water-tight caps; and
v.
The name of the operating person shall be prominently displayed on
the sides of any pump tank vehicle.
b.
The pumper shall provide the city with a list of all proposed authorized
disposal sites that will be used for the deposition of any septage
or holding tank wastes for approval by the city. The specific site
used for each pumping shall be indicated on the septage pumping report
per subsection (A)(2) of this section.
c.
The pumper applicant shall successfully complete a written and/or
field examination of the applicant's knowledge of residuals handling
principles and the rules, regulations, laws, and ordinances affecting
public health and safety with respect to the pumping and disposal
of OWTS residuals. The examination may be administered by the city
or by a third party approved by the city. Satisfaction of this requirement
shall be demonstrated to the city by certification of successful completion
of the examination.
5.
Requirements
for pumper registration renewal shall include the following:
a.
The pumper shall renew the registration prior to the date of the
registration's expiration;
b.
The pumper shall provide the city with an opportunity to inspect
pump vehicles and demonstrate compliance with the requirements of
this section; and
c.
The pumper shall demonstrate to the city a minimum annual attendance
of three hours of educational courses approved by the city. Acceptable
educational courses must have a curriculum associated with the pumping,
handling, and disposal of OWTS residuals. Six hours of the required
class time may be averaged over two consecutive years, and may be
demonstrated to the city by certification of course completion provided
by the instructor, sponsor, or institution of said educational course.
6.
Pumper
registration shall remain valid for two consecutive years and may
be renewed. A pumper's registration shall not be transferable.
B.
Registered
Onsite Wastewater Treatment System Installer Requirements (OWTS Installer).
1.
It
is unlawful for any person to engage in the construction, alteration,
repair or modification of an OWTS within the city of Malibu, without
first obtaining a registered OWTS installer certificate from the city.
2.
Any
person seeking registered status with the city as an OWTS installer
shall file and maintain a current mailing address with the city, and
shall agree that correspondence and notices may be sent to the stated
addresses from the city. Address verification and correspondence and
notice agreement shall be filed with the city on the OWTS practitioners
address form.
3.
Requirements
for initial registered OWTS installer registration and for re-registration
when the registration has lapsed without renewal shall include the
following:
a.
The registered OWTS installer applicant shall successfully complete
a written and/or field examination of the applicant's knowledge of
OWTS principles and the rules, regulations, laws, and ordinances affecting
public health and safety with respect to the installation of OWTS.
The examination may be administered by the city or by a third-party
entity approved by the city. Satisfaction of this requirement shall
be demonstrated to the city by certification of successful completion
of the examination; and
b.
The registered OWTS installer applicant shall provide verification
to the city of the applicant's state of California contractor's license
status as a Class A (general engineering contractor) or Specialty
C-42 (sanitation system contractor) licensed in accordance with the
provisions of the California Business and Professions Code; and
c.
The registered OWTS installer applicant shall provide sufficient
evidence to the city demonstrating a minimum of two years' experience
in the installation of OWTS. Acceptable evidence includes the time
in possession of a valid California contractor's license as described
in subsection (B)(3)(b), or by providing documentation evidencing
employment with a registered installer for a period of time not less
than two years.
4.
Requirements
for Registered OWTS Installer Certificate Renewal.
a.
The OWTS installer shall renew the registration prior to the date
of the registration's expiration; and
b.
The OWTS installer shall demonstrate to the city a minimum annual
attendance of four hours of educational courses approved by the city.
Acceptable educational courses must have a curriculum associated with
the function, design, and construction of advanced and/or conventional
OWTS. Eight hours of the required class time may be averaged over
two consecutive years, and may be demonstrated to the city by certification
of course completion provided by the instructor, sponsor, or institution
of said educational course.
5.
OWTS
installer registration shall remain valid for two consecutive years
and may be renewed. An OWTS installer's certificate shall not be transferable.
C.
Registered
Onsite Wastewater Treatment System Designer Requirements (OWTS Designer).
1.
It
is unlawful for any person to engage in the design of conventional
and/or advanced OWTS or portions thereof, including site evaluation,
within the city of Malibu, without first obtaining a registered onsite
wastewater treatment system designer certificate from the city.
2.
Unless
pre-empted by state law, statutes, or regulations, the following registered
and/or licensed professionals shall be eligible to apply to the city
for registration as an OWTS designer:
3.
Unless
such a requirement is preempted by state law, statutes, or regulations,
and notwithstanding subsection (C)(2) of this section, other qualified
persons may be considered, on a case-by-case basis, for registered
OWTS designer status when their education, knowledge and experience
is determined by the city to provide an equivalent basis for registration
and all other requirements of this section are met. Equivalency in
education, knowledge and experience shall be determined by the city
as follows:
a.
Provisional Registration. An applicant for registration as an OWTS
designer that meets all the requirements of this section other than
those requirements specified in subsection (C)(2) of this section,
shall be provisionally registered by the city when evidence is provided
demonstrating a minimum of two years' experience actively designing
advanced OWTS under the supervision of a city registered system designer
or California registered professional engineer;
b.
Full Registration. A provisionally registered OWTS designer that
meets all the requirements of this section other than those requirements
specified in subsection (C)(2), shall be fully registered by the city
when five or more advanced OWTS designs have been submitted to the
city and the OWTS construction of these designs has been overseen
by the provisionally registered OWTS designer in a manner that demonstrates
to the city competency in the discipline of supplemental treatment
system design and compliant onsite wastewater treatment system installation
control.
4.
Any
person seeking registered status with the city as a registered OWTS
designer shall file and maintain with the city a current mailing address,
and shall agree that correspondence and notices may be sent to the
stated addresses from the city. Address verification and correspondence
notice agreement shall be filed with the city on the onsite wastewater
treatment system practitioner address form.
5.
Requirements
for initial registered OWTS designer application and for re-registration
when the registration has lapsed without renewal shall include the
following:
a.
The registered OWTS designer applicant shall provide documentation
to the city of the applicant's current licensure and/or registration
status as required in subsection (C)(2); and
b.
The registered OWTS designer applicant shall successfully complete
a written and/or field examination to assure knowledge of OWTS principles
and the rules, regulations, laws, and ordinances affecting the public
health and safety with respect to the design of OWTS. The examination(s)
may be administered by the city or by a third-party entity approved
by the city; and
c.
The registered OWTS designer applicant shall provide verification
to the city of either:
6.
Requirements
for registered OWTS designer certification renewal shall include the
following:
a.
The registered OWTS designer shall renew the registration prior to
the date of the certificate's expiration; and
b.
The registered OWTS designer shall demonstrate to the city an ongoing
minimum annual attendance of eight hours of classes approved by the
city dealing with subject matter related to application, design, and
construction of OWTS. Sixteen hours may be averaged over two consecutive
years. Attendance may be demonstrated to the city by certification
of completion provided by the instructor or sponsor of said educational
activity.
7.
Registered
OWTS designer certificates shall remain valid for two consecutive
years and may be renewed. A registered OWTS designer's certificate
shall be nontransferable.
D.
Registered
Operation, Monitoring, and Maintenance (OM&M) Specialist Requirements.
1.
It
is unlawful for any person to engage in the operating, monitoring,
and maintenance of any OWTS within the city of Malibu, without first
having obtained a registered operation, monitoring, and maintenance
(OM&M) specialist certificate from the city.
2.
Registered
OM&M specialists shall complete a maintenance record form for
each monitoring and/or maintenance operation conducted on an OWTS.
The maintenance record form shall be provided to the city within 15
days of the completion of the monitoring and/or maintenance operation
performed.
3.
Registered
OM&M specialists shall provide notification to the city within
15 days of any termination of service.
4.
Any
person seeking registered status with the city as a registered OM&M
specialist shall file and maintain a current mailing address with
the city, and shall agree that correspondence and notices may be sent
to the stated addresses from the city. Address verification and correspondence
and notice agreement shall be filed with the city on the onsite wastewater
treatment system registered practitioner address form.
5.
Requirements
for initial registered OM&M specialist application and for re-registration
when the registration has lapsed without renewal shall include the
following:
a.
The registered OM&M specialist applicant shall successfully complete
a written examination and certification by a third-party entity approved
by the city or, in the event that a third-party entity is not available,
successful passage of a written examination provided by the city,
demonstrating the applicant's knowledge of OWTS principles and the
rules, regulations, laws, and ordinances affecting the public health
and safety with respect to OWTS; and
b.
The registered OM&M specialist applicant shall provide verification
to the city of at least one of the following:
i.
A minimum of two years' experience providing operational oversight
and maintenance of advanced OWTS within the city evidenced by maintenance
contracts,
ii.
A minimum of two years' experience working with a registered OM&M
specialist, or
iii.
A minimum two years' experience working as a registered OWTS designer,
or
iv.
A letter of reference from a recognized manufacturer of supplemental
treatment system equipment attesting to the applicants qualifications
to operate and maintain advanced OWTS.
6.
Requirements
for OM&M specialist certificate renewal shall include the following:
a.
The OM&M specialist shall renew the registration prior to the
date of the registration's expiration;
b.
The OM&M specialist shall demonstrate to the city a minimum annual
attendance of eight hours of classes dealing with subject matter related
to application, design, construction, operation, monitoring, and/or
maintenance of OWTS provided by an approved third-party entity. Sixteen
hours may be averaged over two consecutive years, and may be demonstrated
to the city by certification of completion provided by the instructor
or sponsor of said educational activity.
7.
OM&M
specialist registration shall remain valid for two consecutive years
and may be renewed. An OM&M specialist's certificate shall not
be transferable.
E.
Registered
Onsite Wastewater Treatment System Inspector Requirements (OWTS Inspector).
1.
It
is unlawful for any person to engage in the inspection of an OWTS
within the city of Malibu without first obtaining a registered onsite
wastewater treatment system inspector certificate from the city.
2.
Any
person seeking registered status with the city as a registered OWTS
inspector shall file and maintain a current mailing address with the
city, and shall agree that correspondence and notices may be sent
to the stated addresses from the city. Address verification and correspondence
and notice agreement shall be filed with the city on the onsite wastewater
treatment system practitioner address form.
3.
Requirements
for initial registered OWTS inspector registration and for re-registration
when the registration has lapsed without renewal shall include the
following:
a.
The registered OWTS inspector applicant must be a California certified
engineering geologist, a California registered professional geotechnical
engineer, a California registered civil engineer, a California registered
environmental health specialist, or a California licensed contractor
with an A or C-42 license. The applicant must maintain this status
in good standing with the issuing entity and in accordance with the
provisions of the California Business and Professional Code. A valid
copy of the registration and/or license shall be provided to the city
with the application. The registration and/or licensure must be maintained
at all times and a current copy must be on file with the city; and
b.
The OWTS inspector applicant must attend OWTS inspection training
presented by the city for the understanding and use of the city's
official inspection form for OWTS and the city's "Guidelines for the
Inspection of OWTS"; and
c.
The OWTS inspector applicant shall pass an examination prepared and
administered by the city of Malibu or a third-party entity approved
by the city. The OWTS inspector exam shall be designed to establish
the fitness of the applicant for certification to assess the condition
and function of OWTS and to determine whether maintenance, repair,
or replacement of system components is necessary to bring the system
into compliance with current city guidelines for OWTS. Evidence of
successful completion of the examination shall be provided to the
city with the application; and
d.
The OWTS inspector applicant shall be required to maintain his or
her accreditation with the city approved training entity according
to that entity's specific guidelines. City accreditation shall be
renewed every two years.
4.
Requirements
for Inspector Registration Renewal.
a.
The OWTS inspector shall renew the registration prior to the date
of the registration's expiration; and
b.
The OWTS inspector shall demonstrate to the city a minimum annual
attendance of four hours of educational courses approved by the city.
Acceptable educational courses must have a curriculum associated with
the function, design, construction, and inspection of advanced and/or
conventional OWTS. Eight hours of the required class time may be averaged
over two consecutive years, and may be demonstrated to the city by
certification of course completion provided by the instructor, sponsor,
or institution of said educational course.
5.
Registered
OWTS inspector certificate shall remain valid for two consecutive
years and may be renewed. An inspector's certificate shall not be
transferable.
(Ord. 435 § 5, 2018)
A.
A certificate holder's registration may be suspended by the city for a period not to exceed 90 days for incompetency, negligence, misrepresentation, or for failure by the certificate holder to comply with any other requirement of this chapter. The city shall serve the certificate holder with a notice of registration suspension by certified mail, return receipt requested, or by an express delivery service requiring confirmation of receipt. Service of notice shall be effective upon mailing. The notice shall state, in writing, the reasons for which the registration is subject to suspension and shall advise the certificate holder that the suspension will become effective 15 calendar days from the date of service, unless a written request for administrative review is filed with the city following the procedure specified in subsection D of this section.
B.
A certificate holder's registration may be revoked by the city for a period of one year for serious or repeated violations of any of the requirements of this chapter. The city shall serve the certificate holder with a notice of registration revocation by certified mail, return receipt requested, or by an express delivery service requiring confirmation of receipt. Service of notice shall be effective upon mailing. The notice shall state, in writing, the reasons for which the registration is subject to revocation and shall advise the certificate holder that the revocation will become effective 15 calendar days from the date of service, unless a written request for administrative review is filed with the city following the procedure specified in subsection D of this section.
C.
Any
certificate holder whose registration has been revoked may not reapply
until one year has elapsed from the date of revocation and shall be
required to take the written examination again prior to issuance of
a new certificate.
D.
Administrative
Review.
1.
Any
certificate holder whose registration is subject to suspension or
subject to revocation by the city may file a request for administrative
review. The request must be in writing and filed with the city on
or before the fifteenth (15th) calendar day following service of the
city's notice of suspension or revocation. The request for administrative
review must state both the legal and factual bases in support thereof,
and must include at a minimum the requested modification(s), if any,
of the notice together with a summary of the issues, facts and legal
authorities to be raised at the hearing. In the absence of a timely
filed request that complies fully with the requirements of this section,
the findings of the city contained in the notice shall be deemed true
and correct.
2.
Upon
timely receipt of a request for administrative review that complies
with the requirements of this section, the city shall refer the matter
to an administrative hearing officer to conduct a hearing. The administrative
hearing officer shall be selected pursuant to the protocol set forth
in that document entitled the "City of Malibu Administrative Hearing
Officer Program for Onsite Wastewater Treatment System Practitioners"
on file in the office of the city clerk. Notice of the hearing shall
be sent by certified mail, return receipt requested, or by express
delivery service requiring confirmation of receipt of the certificate
holder filing the request for the administrative hearing. The notice
shall state the date, time and place of the hearing which in no event
shall be sooner than 10 calendar days from the date of the mailing,
unless otherwise agreed to by the requesting party and the city.
3.
Any
administrative hearing conducted under this section need not be conducted
according to technical rules relating to evidence and witnesses. Any
relevant evidence shall be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule that might make improper the admission of the evidence
over objection in civil actions.
4.
The
administrative hearing officer shall issue a written decision that
shall include findings to support the decision. The hearing officer
shall issue his or her decision within 15 calendar days after the
hearing is concluded. The hearing officer may extend this time to
30 calendar days at his or her discretion. The written decision is
final upon the date it is mailed by first-class mail, postage prepaid,
including a copy of the certificate of mailing to the certificate
holder.
(Ord. 435 § 5, 2018)
The amount of the fees for an application for all registered
OWTS practitioners shall be established by resolution of the city
council.
(Ord. 435 § 5, 2018)
In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the Malibu Municipal Code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.
(Ord. 435 § 5, 2018)
