The purpose of this chapter is to establish standards for the siting, design, installation, operation and maintenance of onsite wastewater treatment systems (OWTS) within the city of Malibu. The standards are adopted in compliance with the city's Local Coastal Program (LCP) and Local Implementation Plan (LIP) to protect the overall quality of coastal waters and resources within the city of Malibu, prevent the creation of health hazards and nuisance conditions, and serve as a long-term solution for safe and effective wastewater treatment and disposal.
This chapter is applicable to all existing, new, and replacement OWTS in the city of Malibu, regardless of design flow, strength, or other state or local regulatory requirements. This chapter is consistent with the plans, policies, and standards of the California State Water Resources Control Board (State Water Board) and the Los Angeles Regional Water Quality Control Board (Regional Water Board); specifically the State Water Board's Statewide OWTS Policy and the Regional Board's Basin Plan.
(Ord. 435 § 2, 2018)
For purposes of this chapter, the following terms shall have the following meanings:
"Administrative authority"
means the building official of the city or the city environmental sustainability director's designee.
"Advanced onsite wastewater treatment system (AOWTS)"
means an OWTS designed to provide supplemental wastewater treatment that meets advanced treatment standards as accepted by the administrative authority, including secondary treatment and/or disinfection. The system, or system component, provides enhanced treatment, over that which would be provided by a conventional system, producing an effluent quality that meets a predetermined performance standard in accordance with the statewide OWTS policy, prior to effluent dispersal into the ground.
"Basin Plan"
means a "Water Quality Control Plan" as defined in Division 7 (commencing with Section 13000) of the California Water Code. Basin plans are adopted by each Regional Water Quality Control Board, approved by the State Water 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.
"Bedrock"
means the rock, usually solid, that underlies soil or other unconsolidated, surficial material.
"Beneficial uses"
means those qualities in waters of the state that may be protected against quality degradation that include, but are not necessarily limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; esthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife and other aquatic resources or preserves.
"Certificate holder"
means the person who is appropriately registered as an onsite wastewater treatment system practitioner with the city.
"Certification"
means the successful completion of course work and testing by a third party entity as evidence by a certificate of completion.
"Cesspool"
means a lined or partially lined underground pit into which raw household wastewater is discharged and from which the liquid seeps into the surrounding soil. New and modifications to existing cesspools are prohibited in the city of Malibu.
"City"
means the city of Malibu, California.
"Code"
means the Malibu Municipal Code.
"Community system"
means an OWTS that provides for the collection, treatment and dispersal of wastewater from three or more individual residences under separate ownership.
"Conventional onsite wastewater treatment system"
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.
"Cumulative impacts"
means the persistent and/or increasing effect of an OWTS on the environment resulting from the density and nature of its discharges in relation to the assimilative capacity of the local environment. Examples include, but are not limited to: (1) nitrate or salt additions to ground water or surface water; and (2) rise in groundwater levels ("mounding of the water table") that interferes with the performance of an OWTS, causes drainage problems or results in other adverse hydrological or soil conditions affecting public health, water quality or public safety.
"Dispersal system"
means a soil-based system containing a series of trenches, beds, subsurface drip lines, seepage pits, or other approved method for subsurface infiltration and absorption of wastewater effluent, and includes all component parts, such as piping, valves, filter material, chambers, dosing pumps, siphons and other appurtenances.
"Domestic wastewater"
means wastewater from everyday living activities with a measured strength less than high-strength wastewater and is the type of wastewater normally 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 and retail stores, or from industrial facilities where the domestic wastewater is segregated from the industrial wastewater. Domestic wastewater does not include wastewater from industrial processes or recreational vehicle dump stations, as defined in the California Plumbing Code.
"Domestic well"
means a groundwater well that provides water for human consumption and is not regulated by the State Water Resources Control Board.
"Effluent"
means sewage, water or other liquid, partially or completely treated in its natural state, flowing out of a septic tank, supplemental treatment unit, dispersal system, or other OWTS component.
"Failure"
means the ineffective treatment and/or dispersal of wastewater resulting in the surfacing of raw or inadequately treated sewage effluent, and/or the degradation of surface or groundwater quality. An OWTS is considered to be in a state of failure if one or more of the following conditions occur: (1) backup of sewage into the building(s) served by the system as a result of overload and/or clogged soil absorption system; (2) discharge of sewage onto the surface of the ground or waters of the state; (3) the static liquid level in the distribution box is above the outlet invert; or (4) the septic tank or related components require pumping three or more times during any 180 day period.
"Graywater"
means wastewater, exclusive of blackwater or industrial waste, deposited into a 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.
"Groundwater"
means water below the land surface that is at or above atmospheric pressure.
"High-strength wastewater,"
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.
"Holding tank"
means a watertight receptacle used to collect and store wastewater prior to it being removed from a property by means of vacuum pumping and hauling, or other approved method.
"Home occupation"
has the same meaning as found in Section 17.02.060.
"Impaired water bodies"
means those surface water bodies or segments thereof that are identified on a list approved first by the State Water Board and then approved by U.S. EPA pursuant to Section 303(d) of the Federal Clean Water Act.
"Leachfield" or "leach trenches"
means the dispersal area used for disposal of septic tank effluent through a nonwatertight artificial structure, conduit, or porous material by downward or lateral drainage, or both, into the surrounding permeable soil.
"Local agency management program (LAMP)"
is a program plan required by the State OWTS Policy for oversight of OWTS by local agencies.
"Licensure"
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.
"Malibu Onsite Wastewater Treatment Systems Manual (Malibu OWTS Manual)"
means the document developed, maintained and amended, as needed from time to time, by the city of Malibu containing the guidelines for implementation of onsite wastewater treatment system regulations.
"New construction"
means the construction of a new building for which a certificate of occupancy is required. New construction shall not include replacement or repair of an existing building that has been totally or partially destroyed or demolished, provided there is: (1) no increase in wastewater design flow overall for the building; (2) no increase in the design flow above the existing approved capacity to any OWTS for the building; (3) no increase in the number of dwellings or dwelling units; (4) no increase in the number of bedrooms in any dwelling or dwelling unit; and (5) no increase in drainage fixture units.
"Official inspection form for OWTS"
means the approved report form to be completed by all city-approved onsite wastewater treatment system inspectors for the inspection of any OWTS.
"Onsite wastewater treatment system" or "OWTS"
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.
"Operating permit"
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.
"Operation, monitoring, and maintenance (OM&M)"
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.
"OWTS construction permit"
means a permit issued by the city for the installation or renovation of an OWTS per Sections 15.40.060 and 15.40.160.
"OWTS design report"
means a supporting report for an OWTS prepared by a qualified professional summarizing the results of soils analysis and/or percolation tests, including, but not limited to: soil conditions, characteristics and estimated permeability, depth of zones of saturation, depth to bedrock, surrounding geographic and topographic features, direction of ground contour and percent slopes, distances to drainages, water bodies and potential for flooding.
"Percolation test"
means a method of testing water absorption of the soil. The test is conducted with clean water and test results may be used in the design and sizing of the dispersal system.
"Permit"
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.
"Person"
means any individual, corporation, association, firm, organization, partnership or company.
"Plumbing fixture unit"
means an expression in quantity of scale in terms of the load producing effects of an OWTS. Fixture unit values shall be determined as defined in the California Plumbing Code.
"Pollutant"
means any substance, as listed in a Basin Plan that alters water quality of the waters of the state to a degree that it may potentially affect the beneficial uses of water.
"Pressure distribution"
means a method of wastewater dispersal employing a pump or automatic dosing siphon and distribution piping with small diameter holes or perforations spaced uniformly along its length; it is used to achieve equal distribution of wastewater within a dispersal field.
"Public water system"
is a water system regulated by the California Department of Public Health 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.
"Public water well"
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.
"Qualified professional"
means an individual licensed or certified by a state of California agency to design and practice as a professional for work related to OWTS, 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 purposes of performing site evaluations, soil scientists certified by the Soil Science Society of America area are considered qualified professionals.
"Regional Board"
means the California Regional Water Quality Control Board – Los Angeles Region.
"Registered OWTS designer"
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.
"Registered OWTS inspector"
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.
"Registered OWTS installer"
means a person approved by the city to install onsite wastewater treatment systems who meets the requirements for registration as specified in this chapter.
"Registered OWTS operation, monitoring, and maintenance (OM&M) specialist"
means a person approved by the city to perform operation, monitoring, and maintenance assessments and routine maintenance who meets the requirements for registration as specified in this chapter.
"Registered OWTS practitioner"
means a person approved by the city to perform OWTS design, siting, installation, inspection, operation and maintenance, and management of wastewater residuals within the city of Malibu who meets the requirements for registration as specified in this chapter.
"Registered OWTS residuals manager (pumper)"
means a person approved by the city to pump septic tanks, wastewater treatment tanks, and pump chambers who meets the requirements for registration as specified in this chapter.
"Registration"
means the successful completion of course work and testing by a third party entity as evidenced by a certificate of completion as required by this chapter.
"Repair of OWTS"
means alteration of an existing OWTS component, tank replacement or installation of a designated future dispersal area.
"Renovation of OWTS"
means installation of a new or additional OWTS component, or dispersal area.
"Replacement OWTS"
means an OWTS: (1) that has its treatment capacity expanded; (2) where the dispersal system is expanded or replaced; or (3) where components of the system are repaired and/or replaced.
"Sanitary sewer"
means a system for collecting residential or municipal wastewater and directing the collected wastewater to a treatment works prior to dispersal.
"Seepage pit"
means a vertically drilled or dug excavation, four to six feet in diameter, either lined with concrete cylinders or gravel-filled, that receives the effluent discharge from a septic tank or other OWTS treatment unit for dispersal into the surrounding soil.
"Septic system"
also known as OWTS, means an onsite wastewater treatment system designed to treat and dispose of sewage. A typical septic system consists of a tank that receives waste from a residence or business and a system of leach trenches/bed or a seepage pits for disposal of the liquid effluent that remains after decomposition of the solids by bacteria in the tank.
"Septic tank"
means a watertight, covered receptacle designed for primary treatment of wastewater and constructed to: (1) receive the discharge of sewage from a building sewer; (2) separate solids from the liquid; (3) digest organic matter by anaerobic bacterial action; (4) store digested solids; and (5) clarify wastewater for further treatment with final subsurface discharge.
"Sewage"
means wastewater as defined in Section 5410(a), California Health and Safety Code.
"Site"
means the land area occupied, or proposed to be occupied, by a building or buildings served by an OWTS, including any designated future expansion area.
"Site evaluation"
means an assessment of the characteristics of the site sufficient to determine its suitability for an OWTS that meets the requirements of this code. Site evaluations shall be conducted in accordance with procedures and criteria established in the Malibu OWTS Manual.
"Soil"
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.
"Soil absorption system"
means a soil-based effluent dispersal system typically containing a bed or trenches with clean gravel and a system of piping through which treated sewage may seep into the surrounding soil for further treatment and disposal.
"State Board"
means the State Water Resources Control Board.
"Stream"
means flowing water identified as blue lines on USGS 7.5 minute quad topography maps.
"Subsurface drip dispersal"
means a method for releasing treated wastewater to the soil for final treatment and dispersal via small diameter flexible plastic tubing manufactured with emitters spaced uniformly along its length; the drip field is designed and installed such that the drip tubing is installed in the shallow surface soils, typically nine to 12 inches below finished grade.
"Supplemental treatment"
means any onsite wastewater treatment system or system component providing additional treatment to ensure the effluent meets a predetermined performance requirement prior to discharge into the dispersal field. Supplemental treatment includes secondary treatment with physical and biological processes and/or tertiary treatment with a finishing process such as disinfection to a higher quality of effluent.
"SWRCB OWTS Policy"
also referred to as Statewide OWTS Policy means the Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems adopted by the State Water Resources Control Board on June 19, 2012.
"Technical standards"
means the criteria for the design and construction of various types of onsite wastewater treatment and effluent disposal systems detailed in Chapter 15.42 of this title.
"TMDL"
is the acronym for "total maximum daily load" as defined in Section 3030(d) (1) of the Clean Water Act, which 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.
"Unstable land mass"
means land prone to subsidence, erosion, or mass land movement as indicated by historical landslide events, published maps or reports, or evidence of characteristics such as surface rupture, scarps, creep or other irregularities in ground slope conditions.
"Wastewater"
means sewage that is designated as "blackwater" and/or "graywater."
1. 
"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.
2. 
"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.
"Waste discharge requirements" or "WDR"
means an operation and discharge permit issued for the discharge of waste pursuant to Section 13260 of the California Water Code.
"Water body"
means a body of water in a natural or man-made area within which water flows. Water bodies include, but are not limited to, creeks, groundwater, ocean and tidal waters, rivers, streams, springs, seeps and watercourses.
"Watercourse"
means a drainage channel with bed and banks within which water flows either perennially, ephemerally or intermittently, including overflow channels contiguous to the main channel. A watercourse may be either a natural or man-made channel. For purposes of this chapter, watercourse also includes water bodies such as ponds, lakes, marshes and seasonal wetlands.
(Ord. 435 § 2, 2018; Ord. 517, 6/24/2024)
A. 
No OWTS construction permit shall be issued for the installation, alteration or repair of any OWTS on any lot for which a connection to a sanitary sewer is available.
1. 
Connection to the sanitary sewer is considered available when the property is located within 200 feet of an approved available sanitary sewer.
2. 
The connection to the sanitary sewer must be in the most direct manner possible provided a right-of-way and any necessary approval from the appropriate sewer authority is first obtained.
B. 
On properties within 200 feet of an approved available sanitary sewer where an OWTS exists, connection to the available sanitary sewer will be required at the time of system failure or when major repair, septic tank replacement, or an addition to the OWTS is required or proposed.
(Ord. 435 § 2, 2018)
A. 
OWTS Required. Unless it is connected to the sanitary sewer, a building's sewer must be connected to an OWTS in accordance with the provisions of this chapter. The type of OWTS shall be determined on the basis of location, topography, soil porosity and groundwater level, and shall be designed to receive all sewage from the property. The administrative authority shall be permitted to grant exceptions to the technical requirements of this code for good cause provided such exceptions are the minimum necessary and equivalent protection of the environment is maintained.
B. 
Quantity and Quality. Where the quantity or quality of the sewage is such that OWTS cannot be expected to function satisfactorily for commercial, agricultural and industrial plumbing systems; for installations where appreciable amounts of industrial or indigestible wastes are produced; for occupancies producing abnormal quantities of sewage or liquid waste; or where grease interceptors are required by other parts of this code, the method of sewage treatment and disposal shall be first approved by the administrative authority.
C. 
Capacity. No property shall be improved in excess of its capacity to properly absorb sewage effluent by the means provided in this chapter. Exception: The administrative authority shall be permitted to, at its discretion, approve an alternative system.
D. 
Building Permit. Where there is insufficient lot area or improper soil conditions for sewage disposal for the building or land use proposed, no building permit shall be issued and no OWTS shall be permitted unless approved by the administrative authority. No building permit shall be issued until engineering data and test reports satisfactory to the administrative authority have been submitted and approved. No expansion of the existing number of bedrooms and/or drainage fixture units shall be permitted where the size of the existing OWTS does not accommodate the expanded bedrooms/fixture units as shown in Table 15.42.050.
E. 
Additional Requirements. The administrative authority may require compliance with additional requirements than those contained herein, where such additional requirements are essential to maintain a safe and sanitary condition.
F. 
Alternative Systems. Alternative systems shall be permitted to be used on a case-by-case basis by permission of the administrative authority if it is satisfied such system will produce continuous and long-range results at the proposed site which are equivalent to, and not less than, those from systems which are specifically authorized by this chapter. This authorization shall be based on extensive field and test data from conditions similar to those at the proposed site, or such additional data as necessary to provide the required assurance. Alternative systems shall adhere to the requirements for advanced onsite wastewater treatment systems contained in this chapter.
G. 
Health and Safety. OWTS and such system(s) components shall be sited, designed, installed, operated and maintained, in a manner where sewage, impure water or any other matter or substance will not discharge upon the surface of the ground, become injurious or dangerous to health or will empty, flow, seep, or drain into or affect any stream within the city of Malibu. Any OWTS that does not comply with all provisions of this chapter is a public nuisance.
(Ord. 435 § 2, 2018)
A. 
Commercial Buildings, Multifamily Dwellings, and Home Occupation Use—AOWTS Required.
1. 
Buildings. Commercial buildings and multifamily dwellings that are newly constructed, or renovated, and properties with a home occupation use that increases the quantity and/or strength of flow to the OWTS by virtue of the use shall have an AOWTS unless otherwise approved by the administrative authority for good cause. In no way does this section permit or allow any kind of use that is not otherwise permitted by this code.
2. 
OWTS. Conventional on-site wastewater treatment systems that are replaced, renovated, or repaired, shall be upgraded to AOWTS, unless otherwise approved by the administrative authority for good cause.
3. 
Alarm System. Existing OWTS serving commercial buildings and multiple family dwellings must be equipped with an alarm system approved by the city that will be triggered when high water levels are detected in the septic tank and/or dispersal area so that any discharge from the treatment system to the dispersal area will be stopped until the treatment system malfunction is rectified. The alarm system shall include an audible and visual alarm located within the building served by the system with off-site telemetry to the maintenance provider.
B. 
Residential Buildings—OWTS Inspection.
1. 
Buildings. Prior to the approval of plans for building permit issuance for the renovation of a detached single-family residential building that will increase drainage capacity, such as the addition of bedroom equivalents or changes to the plumbing system, the existing OWTS shall be inspected by a registered OWTS inspector using the city's official inspection form for OWTS and a new operating permit must be obtained.
2. 
OWTS. If an OWTS inspection reveals the condition of the existing OWTS is "not passing" per the OWTS inspection guidelines, renovation or repair of the OWTS must be included within the scope of the building renovation project.
(Ord. 435 § 2, 2018; Ord. 517, 6/24/2024)
A. 
The administrative authority shall issue administrative standards and guidelines, including policies, procedures and technical details, to carry out the purposes of this chapter. The guidelines, including policies and procedures, shall be compiled in a separate document referred to as the Malibu OWTS Manual.
B. 
The administrative authority shall provide a reasonable process for the affected public and OWTS practitioners to provide input in connection with its development of the Malibu OWTS Manual.
(Ord. 435 § 2, 2018)
The following permits are required for any OWTS:
A. 
OWTS Construction Permit. An OWTS construction permit is required to install a new or replacement OWTS, or to modify an existing OWTS. An OWTS construction permit shall be issued if the OWTS meets the requirements of this chapter, this code, and the Malibu OWTS Manual.
B. 
Coastal Development Permit. A coastal development permit as required by Chapter 18 of the Local Implementation Plan of the Malibu Local Coastal Program.
C. 
OWTS Operating Permit. An OWTS operating permit is required as specified in Chapter 15.44 of this code to operate an OWTS.
(Ord. 435 § 2, 2018)
In order to obtain an OWTS construction permit, any new or replacement OWTS must comply with the minimum siting criteria contained in Chapter 15.42, Technical Standards for Onsite Wastewater Treatment Systems and the following requirements. Repair of any lawfully existing OWTS, where no expansion or intensification of use is proposed, shall conform to these requirements to the greatest extent practicable as determined by the administrative authority.
A. 
Flood Hazard Areas. OWTS shall be located outside of flood hazard areas.
Exception: Where suitable sites outside of flood hazard areas are not available, disposal systems shall be permitted to be located in flood hazard areas on sites where the effects of inundation, under conditions of the design flood, are minimized.
B. 
Location on Property Served. No onsite wastewater treatment system, or part thereof, shall be located on any other property other than the property where the building or structure served by such onsite wastewater treatment system is located, nor shall any onsite wastewater treatment system or part thereof be located in a location that does not comply with the minimum distances indicated in Table 15.42.030(E).
However, the use of all or part of another property for an onsite wastewater treatment system or part thereof, where secondary sewage effluent treatment, or better, is provided, shall be allowed when proper cause, transfer of ownership, or change of boundary not in violation of other requirements has been first established to the satisfaction of the administrative authority. The instrument recording such action shall constitute an agreement with the administrative authority which shall clearly state and show that the areas so joined or used shall be maintained as a unit during the time they are so used. Such agreement shall be recorded in the office of the county recorder as part of the conditions of ownership of said properties, and shall be binding on all heirs, successors, and assigns to such properties. A copy of the instrument recording such proceedings shall be filed with the administrative authority.
C. 
One hundred percent Reserve Area. A reserve area with sufficient dispersal capacity for at least 100% of the design wastewater flow shall be identified and set aside for future repair, expansion or replacement of the primary dispersal field. No division of the lot, grading, erection of structures or other site alteration shall be permitted where it impairs the future utility of the designated reserve area. Exceptions may be granted by the administrative authority for good cause.
(Ord. 435 § 2, 2018)
Cumulative impact analysis evaluating the potential impact of the proposed OWTS on groundwater level and quality (i.e., effects of groundwater mounding, nitrate loading and fecal/pathogen contamination), quality of nearby surface drainages (i.e., nitrate loading and fecal/pathogen contamination), and slope stability shall be required for the following development projects:
A. 
Individual OWTS with design flow greater than 1,500 gallons per day (gpd);
B. 
Land divisions;
C. 
OWTS for any commercial development;
D. 
Any lot which involves two or more OWTS within 100 feet of each other with a combined capacity of over 1,500 gpd;
E. 
OWTS for properties with a home occupation use subject to this chapter;
F. 
OWTS for multifamily residential developments;
G. 
OWTS classified as a "community" system serving multiple property owners;
H. 
OWTS which the city or Regional Water Board identify as presenting a potential threat to surface water or groundwater beneficial uses; and
I. 
OWTS located within the contributing recharge area of known nitrate groundwater problems.
Cumulative impact analyses shall be conducted in accordance with guidelines prescribed in the Malibu OWTS Manual and shall be included as an element of the OWTS design report for the proposed project application.
(Ord. 435 § 2, 2018; Ord. 517, 6/24/2024)
A. 
Conventional OWTS. A conventional OWTS shall, at a minimum, consist of a septic tank and subsurface dispersal system for absorption and leaching of the effluent into the soil. The septic tank and subsurface effluent dispersal system must be so constructed as to meet the requirements prescribed by the accompanying technical standards of this chapter and guidelines contained in the Malibu OWTS Manual.
B. 
Advanced OWTS. An AOWTS shall be designed, constructed and operated in accordance with applicable standards and criteria prescribed in this chapter and Malibu OWTS Manual.
C. 
Septic Tank. Watertight septic tanks shall be used for primary treatment of wastewater before discharge of effluent to an approved dispersal system. Septic tanks shall be designed to provide a minimum retention time of at least 24 hours, with one-half to two-thirds of the tank volume reserved for sludge and scum accumulation, with sizing determined for each application in accordance with the technical standards contained in the chapter and guidelines prescribed in the Malibu OWTS Manual.
D. 
Effluent Dispersal System. Conventional dispersal methods approved for use in the city of Malibu shall consist of gravel-filled leaching trenches/bed and existing lawfully permitted seepage pits, sized, designed and installed in accordance with the accompanying technical standards and guidelines prescribed in the Malibu OWTS Manual.
E. 
Supplemental Treatment. Supplemental treatment is required for the following types of development, wastewater sources, or site constraints:
1. 
In connection with any new or replacement OWTS utilizing seepage pits;
2. 
Beachfront development;
3. 
Commercial development;
4. 
Restaurants;
5. 
Multifamily residences;
6. 
Rapid [<5 minutes per inch (mpi)] or slow (>60 mpi) soil percolation;
7. 
Shallow soil depth (<5 feet below leach trench/bed bottom);
8. 
In connection with any OWTS utilizing alternative dispersal methods;
9. 
Mitigation of failed OWTS or other documented water quality impacts, as determined by the administrative authority;
10. 
Where imposed as a condition of the coastal development permit;
11. 
Other circumstances deemed necessary by the administrative authority for protection of public health and water quality in accordance with this chapter.
F. 
Alternative Dispersal Methods. Alternatives to conventional leaching trenches/beds may be used to overcome certain soil, slope and other site limitations. Examples of such alternatives include pressure distribution and subsurface drip dispersal methods, which have the advantage of providing broad, uniform distribution of wastewater throughout the dispersal field area for improved soil absorption and enhanced uptake and treatment of percolating effluent. Where used, alternative dispersal systems shall be designed, constructed and operated in accordance with applicable technical standards contained in this chapter and guidelines prescribed in the Malibu OWTS Manual.
(Ord. 435 § 2, 2018)
A. 
Manual. Every OWTS shall at all times be maintained and operated in a sanitary condition and state of good repair. An operation and maintenance manual for each AOWTS installation shall be provided by the OWTS designer and/or the OWTS installer, with a copy provided to the administrative authority and to the system owner. Final approval of system installation shall be contingent upon confirmation by the administrative authority that the required operation and maintenance manual has been provided.
B. 
Covenant. A covenant running with the land shall be executed between the city of Malibu and the holder of the fee simple absolute as to the subject real property and recorded with the city of Malibu recorder's office. Said covenant shall serve as constructive notice to any future purchaser of the property that the onsite wastewater treatment system serving the subject property is an advanced/alternative method of sewage disposal. The owner, will promise, covenant and agree to and with the city of Malibu that the alternative private sewage disposal system constructed and installed on the subject property shall be properly maintained and repaired, and shall be renovated, modified or abandoned at the option of the city of Malibu should said alternative private sewage disposal system fail in the future to perform in accordance with its design specifications and, in the reasonable opinion of the city of Malibu, such renovation, modification, or abandonment is needed to achieve performance consistent with those specifications or to avoid significant adverse consequences.
(Ord. 435 § 2, 2018)
The administrative authority shall require the following before a an OWTS construction permit is issued for any new or replacement OWTS on any parcel adjacent to the Pacific Ocean:
A. 
Buildings permitted to be constructed, or remodeled, on beachfront property shall have adequate and properly designed shoreline protection devices, or other approved structural protection from wave action for all portions of the OWTS. Approved coastal engineering reports shall be required to determine the need and extent of this protection.
B. 
Owners or possessors of real property with buildings constructed on beachfront property with an existing OWTS to be renovated, or repaired, shall have adequate and properly designed shoreline protection devices, or other approved structural protection from wave action, as deemed acceptable by the administrative authority, for all portions of the OWTS. An approved coastal engineering report shall be required to determine the need and extent of this protection.
C. 
Owners or possessors of real property with buildings constructed on beachfront property with an existing OWTS damaged by storm, tide, or wave action shall have adequate and properly designed shoreline protection devices, or other approved structural protection from wave action for all portions of the OWTS. An approved coastal engineering report shall be required to determine the need and extent of this protection.
D. 
Issuance of Permit. Upon review of the application and compliance with all of the requirements contained in this section and all other applicable laws, rules, and regulations, the administrative authority shall issue a construction permit for the installation of shoreline protection devices, or other protective structures required, imposing those conditions and restrictions necessary, and setting a time limit for the completion of the installation of shoreline protection devices, or other protective structures required.
E. 
Noncompliance and Right of Entry.
1. 
Upon expiration of the time limit established in the permit, including such additional time as may have been granted by the administrative authority upon further application, if the installation of the shoreline protection devices, or other protective structures required, has not been accomplished, the administrative authority may take all reasonable actions to install the shoreline protection devices, or other protective structures required, upon the real property for which the permit was issued. The administrative authority shall have the right of entry upon the owner's or possessor's real property to the extent necessary to effect the installation. A failure, refusal, or neglect of the owner or possessor of the real property to comply with the provisions of the permit for the installation of the bulkhead, or other protective structures required, within the period of time set by the administrative authority shall be considered a violation of this section, subjecting the owner or possessor of the real property to the penalties and remedies provided in this code.
2. 
The actual cost incurred by the administrative authority in taking the above action, including the cost of equipment, labor (including the cost of city of Malibu consultants and employees), administrative, and other indirect costs shall be charge assessed against the real property benefited, and shall be added to the annual property taxes next levied upon the real property and shall constitute a lien upon the real property in the same manner and to the same extent as does the tax lien securing the annual real property taxes, and may be collected and enforced in the same manner as secured ad valorem property taxes.
(Ord. 435 § 2, 2018)
A. 
All holding tanks are hereby declared a public nuisance and are prohibited, except for the following instances as approved by the administrative authority:
1. 
If it is necessary to use a holding tank temporarily to abate a nuisance or health hazard caused by a failing OWTS; or
2. 
If, for a publicly-owned nonresidential facility (e.g., public park or campground), it is necessary to allow such installation for the protection of public health, safety or welfare, where installation of an OWTS is not feasible and a holding tank is determined by the administrative authority to provide the safest and most acceptable method of sewage disposal.
B. 
Where exceptions are granted and holding tank(s) approved, an OWTS operating permit issued by the administrative authority (per Chapter 15.44 of this code) will be required, which will provide for approval of the tank pumper, maintenance schedule, tank/sewage level monitoring, and reporting requirements.
(Ord. 435 § 2, 2018)
Cesspools are declared to be a public nuisance and are not authorized for use in the city of Malibu. Upon discovery, cesspools shall be abated in accordance with the provisions of this chapter and in a manner approved by the administrative authority.
(Ord. 435 § 2, 2018)
A. 
No person may install, construct, alter, repair, or replace any OWTS without first submitting plans to the administrative authority for approval and obtaining an OWTS construction permit pursuant to the requirements of this code and Malibu OWTS Guidelines. Plans shall include:
1. 
OWTS design report including a project description and the supporting basis of design;
2. 
Percolation/infiltration/soil classification report;
3. 
OWTS supporting geology report;
4. 
Architectural plans;
5. 
Plumbing fixture unit worksheet;
6. 
OWTS plot plan drawn to scale showing the location of the OWTS, all structures, water supply lines or wells, paved areas and lot lines;
7. 
Details of construction necessary to ensure compliance with the requirements of this chapter, including quality, kind and grade of materials, equipment, construction, workmanship, and methods of assembly and installation, as applicable; and
8. 
Other information as required by the administrative authority and specified in the Malibu OWTS Manual.
(Ord. 435 § 2, 2018)
If, after review, the administrative authority determines that the proposed OWTS complies with the terms of this chapter, technical standards (Chapter 15.42) and the Malibu OWTS Manual, and will not be injurious to the public health and water quality, he or she shall approve or conditionally approve the application. Such approval may be made subject to such conditions as the administrative authority deems necessary to ensure compliance with this code and protect the environment. Any change in the OWTS plans after the issuance of an OWTS construction permit must be approved by the administrative authority before being implemented. Failure to obtain approval from the administrative authority will invalidate the permit.
(Ord. 435 § 2, 2018)
A. 
A written OWTS construction permit shall be obtained from the administrative authority prior to the construction, reconstruction, relocation, or alternation of any OWTS.
B. 
No person may install, construct, alter, enlarge, reconstruct, replace, improve, recondition or repair an OWTS unless the person possesses a general engineering contractor's license (Class A), or a Class C-42 sanitation system contractor's license from the Contractors State License Board of the state of California.
C. 
In the case of a conventional OWTS, the property owner may construct or repair an OWTS on his or her own property, provided persons hired by the owner to do the subject work do so in compliance with provisions of this section, are qualified to perform such work, and an OWTS construction permit is obtained.
D. 
OWTS must be installed in accordance with the plans approved by the administrative authority.
E. 
Inspection(s) of each OWTS installation shall be made by the administrative authority to ensure compliance with all applicable requirements of this code and the Malibu OWTS Manual. In the event the administrative authority determines there has been an improper installation, a stop-work order may be posted on the jobsite. Before any further work is done on an OWTS where a stop-work order has been posted, clearance from the administrative authority must be obtained before work may continue.
F. 
An as-built drawing shall be completed by the OWTS designer or contractor upon completion of the OWTS installation, and, prior to the final approval of the OWTS construction permit, a copy of these plans shall be supplied to the administrative authority and the system owner before the OWTS is operated.
(Ord. 435 § 2, 2018)
Any OWTS, or component thereof, that has been abandoned or discontinued from use for a period of six months, or to which no waste or waste discharge pipe from a plumbing fixture is connected, shall be decommissioned in accordance with the following requirements:
A. 
Permit Required. An OWTS construction permit and approval must be obtained from the administrative authority to abandon the OWTS.
B. 
Plugged and Capped. An abandoned building, sewer, or part thereof, shall be plugged or capped in an approved manner within five feet of the property line.
C. 
Fill Material. A cesspool, a septic tank, or a seepage pit shall have the sewage removed therefrom, disposed of in an appropriate manner and be completely filled with earth, sand, gravel, concrete, or other approved material.
D. 
Filling Requirements. The top cover or arch over a cesspool, septic tank, or seepage pit shall be removed before filling, and the filling shall not extend above the top of the vertical portions of the sidewalls or above the level of any outlet pipe until the cesspool, septic tank, or seepage pit has been inspected by the administrative authority. After such inspection, the cesspool, septic tank, or seepage pit shall be filled to the level of the top of the ground.
E. 
Owner. No person owning or controlling any cesspool, septic tank, or seepage pit on the premises or private property of such person or in any public street, alley, or other public property shall fail, refuse, or neglect to comply with the provisions of this section.
F. 
Permittee. Where OWTS are abandoned subsequent to connecting any premises to a replacement OWTS or sanitary sewer, the permittee making the connection shall fill all abandoned OWTS in accordance with the above requirements within 30 days from the time of connecting to the replacement OWTS or sanitary sewer, or as otherwise specified by the administrative authority for good cause.
G. 
Excavation. No excavation related to an abandoned OWTS shall be left unattended at any time unless the permittee shall have first installed a suitable and adequate barricade to ensure public safety.
(Ord. 435 § 2, 2018)
A. 
Denial, Suspension or Revocation of OWTS Approvals and Permits. The administrative authority may deny, suspend or revoke any OWTS construction permit or approval issued under provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied by the applicant on which the permit approval was based, or if the administrative authority determines that in any other way the permittee is acting in violation of state law, the provisions of this chapter, or the conditions of the permit.
B. 
Abatement.
1. 
Any existing OWTS in a state of failure or which, based on inspection or evaluation by the administrative authority, is considered a hazard to safety or health by reason of inadequate maintenance, dilapidation, or obsolescence is hereby declared to be a public nuisance and shall be abated by repair or rehabilitation per order and adequate notice from the administrative authority.
2. 
Failing OWTS, as defined in Section 15.40.020, must be brought into substantial compliance with this chapter. If not corrected within a time designated by the administrative authority, the administrative authority may order or cause corrections to be made and bill the property owner for the costs and may place a lien on the property for the abatement costs. The administrative authority may also order the premises to be vacated if no safe manner of abatement is possible.
C. 
Appeals. Any applicant may appeal the decision of the administrative authority in denying, suspending or revoking the OWTS construction permit or in relation to an abatement order. The appeal shall be made to the board of appeals by submitting to the administrative authority a completed application for appeal and the appropriate fees as specified in the current resolution approved by the city council establishing fees for services. The appeal application must be submitted within 10 calendar days from the date of the administrative authority's decision to deny, suspend or revoke the permit. The board of appeals may reject, affirm or modify the administrative authority's decision.
D. 
Violations. No person, firm or corporation that is purchasing or that owns, controls, leases, lets, hires or occupies any lands, premises or habitations in the city of Malibu shall construct, reconstruct, place or suffer or permit to exist thereon any installation referred to in Chapters 15.40, 15.42 and 15.44, in violation of any of the provisions hereof or to perform any act or suffer or permit any act to be performed in violation of any of the provisions hereof.
E. 
Penalty. Any person, firm or corporation who does any act declared unlawful in this chapter or who violates or contributes in any way to the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Every violation of any of the provisions of this chapter shall be construed as a separate offense for each day during which such violation continues.
(Ord. 435 § 2, 2018)