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:
means the building official of the city or the city environmental
sustainability director's designee.
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.
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.
means the rock, usually solid, that underlies soil or other
unconsolidated, surficial material.
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.
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 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.
means the city of Malibu, California.
means the Malibu Municipal Code.
means an OWTS that provides for the collection, treatment
and dispersal of wastewater from three or more individual residences
under separate ownership.
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 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.
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.
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.
means a groundwater well that provides water for human consumption
and is not regulated by the State Water Resources Control Board.
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.
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.
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.
means water below the land surface that is at or above atmospheric
pressure.
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 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.
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.
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.
is a program plan required by the State OWTS Policy for oversight
of OWTS by local agencies.
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 the guidelines
for implementation of onsite wastewater treatment system regulations.
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.
means the approved report form to be completed by all city-approved
onsite wastewater treatment system inspectors for the inspection of
any 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.
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 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.
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.
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 any individual, corporation, association, firm, organization,
partnership or company.
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.
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.
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.
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.
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 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.
means the California Regional Water Quality Control Board
– Los Angeles Region.
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 who
meets the requirements for registration as specified in this chapter.
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.
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.
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.
means alteration of an existing OWTS component, tank replacement
or installation of a designated future dispersal area.
means installation of a new or additional OWTS component,
or dispersal area.
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.
means a system for collecting residential or municipal wastewater
and directing the collected wastewater to a treatment works prior
to dispersal.
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.
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.
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.
means wastewater as defined in Section 5410(a), California
Health and Safety Code.
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.
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.
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.
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.
means the State Water Resources Control Board.
means flowing water identified as blue lines on USGS 7.5
minute quad topography maps.
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.
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.
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.
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.
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.
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.
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.
means an operation and discharge permit issued for the discharge
of waste pursuant to Section 13260 of the California Water Code.
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.
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)
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 and Multiple Family Dwellings—AOWTS Required.
1.
Buildings.
Commercial buildings and multiple family dwellings that are newly
constructed, or renovated, shall have an AOWTS unless otherwise approved
by the administrative authority for good cause.
2.
OWTS.
Conventional onsite 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)
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.
(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 OWTSs within 100 feet of each other
with a combined capacity of over 1,500 gpd;
E.
OWTS
for multifamily residential developments;
F.
OWTS
classified as a "community" system, serving multiple property owners;
G.
OWTS
which the city or Regional Water Board identified as presenting a
potential threat to surface water or groundwater beneficial uses;
and
H.
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)
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)
