The purpose of the onsite wastewater treatment system inspection and permitting program is to assist property owners with management of their OWTS by, establishing consistent requirements that assure appropriate operation and maintenance of these systems, and to protect public health and safety, the environment, and water quality. This preventative program will assist in allowing OWTS to be a part of a long-term solution to one of the city's basic public health and environmental quality needs: safe and effective wastewater treatment and disposal.
(Ord. 435 § 4, 2018)
A. 
Any person owning real property served by an onsite wastewater treatment system (OWTS) shall be responsible for: (1) obtaining all inspections and permits required by this chapter; (2) ensuring the continued maintenance and proper functioning of the OWTS; and (3) ensuring any necessary repairs, modifications or upgrades to the OWTS are timely completed and made fully operational. For purposes of this chapter, "person" shall have the same definition as set forth in Section 17.02.060 of this code.
B. 
Properties not Currently Served by an OWTS. Any applicant proposing a development project that includes the construction of a new OWTS on real property not currently served by an OWTS shall be required to apply for and obtain an operating permit for the OWTS. Application for the operating permit shall be concurrent with the application or referral to the environmental health specialist for the proposed development project. An operating permit shall be issued for the new OWTS when the system is determined to be functioning properly and is approved by the city of Malibu. A certificate of occupancy for the development project shall not be issued until a valid operating permit is secured.
C. 
Properties Currently Served by an OWTS. The owner of real property served by an existing OWTS shall be required to apply for and obtain an operating permit for the OWTS in each of the following circumstances:
1. 
With any application by the owner (or owner's agent) for a permit to repair, alter, modify, replace, renovate, or relocate the existing OWTS. The application for the operating permit shall be concurrent with the application for any required development permit, or concurrent with the application for environmental health approval when a development permit is not required. An operating permit will be issued when the work is complete and the system has been determined to be functioning in compliance with all applicable requirements.
2. 
With any application by the owner (or owner's agent) for any alteration, modification, remodel, or repair of any structure on the property that involves the addition of plumbing fixture units or results in any increase in the load to the existing OWTS. The application for the operating permit shall be concurrent with the application for any required development permit, or concurrent with the application for environmental health approval when a development permit is not required. An operating permit will be issued when the work is complete and the system has been determined to be functioning in compliance with all applicable requirements.
3. 
Prior to any "purchase" or "change in ownership" (as those terms are defined in Division 1, Part 0.5, Chapter 2 of the Revenue and Taxation Code) of real property served by an OWTS for which there is no valid, unexpired operating permit. If an inspection of the OWTS prior to a purchase or change in ownership reveals that the OWTS is in need of any repair, modification, upgrade or replacement, the property owner may proceed in accordance with the point of sale OWTS inspection and permitting procedures set forth in Section 15.44.070.
4. 
All owners of real property improved with the following uses shall apply for and obtain an operating permit for the OWTS serving the property:
a. 
Restaurant uses.
b. 
All commercial uses other than restaurants.
c. 
Multifamily uses, condominiums, and properties with a home occupation use described in Section 15.40.050(A)(1).
5. 
When any content of an OWTS has spilled onto the surface of the ground or into any building served by the OTWS, the owner of the real property served by the OWTS, authorized representative, or the company pumping the OWTS must submit a septage pumping report of the pumping activity to the city within 24 hours of pumping the OWTS. Upon receipt of the septage pumping report, the city shall send, via certified mail, written notice to the both the address where the OWTS is located as well as the registered property owner of the property containing the OWTS. This written notice shall state the reason for the notice as well as the requirements of this chapter.
An application for a new or updated operating permit for the OWTS serving the property shall be submitted within 10 calendar days from the date of the city's notice. The application shall include an OWTS physical inspection, with the results of the inspection documented on the city's official inspection form for OWTS. If the required inspection of the OWTS reveals that the OWTS is in need of any repair, modification, upgrade or replacement, the property owner must take corrective measures and obtain all necessary permits to ensure that the OWTS is made fully operational.
6. 
When any content of an OWTS has been pumped out, whether completely or partially, three or more times during any 180 day period, the owner of the real property served by the OWTS, authorized representative, or company pumping the OWTS must submit a septage pumping report(s) to the city within 24 hours of a pumping OWTS. Upon receipt of the septage pumping report, the city shall send, via certified mail, written notice to both the address where the OWTS is located as well as the registered property owner of the property containing the OWTS. This written notice shall state the reason for the notice as well as the requirements of this chapter.
If the required inspection of the OWTS reveals that the OWTS is in need of any repair, modification, upgrade or replacement, the property owner must take corrective measures and obtain all necessary permits to ensure that the OWTS is made fully operational. If a permit is required for the corrective measures, an application for a new or updated operating permit shall be submitted within 10 calendar days from the date of the city's notice.
An owner of the real property served by the OWTS may apply for an exemption from the requirement to obtain an operating permit per this section when it can be clearly demonstrated the pumping activity undertaken is unrelated to the soundness or operational capability of the OWTS.
7. 
With any application made after January 1, 2023, by the owner (or owner's agent) for a short-term rental permit pursuant to Chapter 17.55. The application for the operating permit shall be made prior to or concurrent with the application for a short-term rental permit. An operating permit will be issued when the work is complete and the system has been determined to be functioning in compliance with all applicable requirements.
8. 
When the city has received an OWTS complaint for a property with a home occupation use, a city registered OM&M is required to inspect the OWTS and provide an inspection report to the city within 15 days of the city's receipt of the complaint. The home occupation use will be required to cease operation until all required repairs, modifications, replacements, and/or upgrades have been completed to the satisfaction of the administrative authority.
D. 
Transfer of Operating Permit. Operating permits are issued to the owner of the real property served by the OWTS. Within 30 days of any change in ownership of real property served by an OWTS for which there is a valid and unexpired operating permit, the purchaser/transferee of the real property must file a "Notice of Change in Ownership for Operating Permit" with the city to ensure that the operating permit is transferred into the name of the new owner.
E. 
For purposes of this chapter, homeowners associations will be considered the owner of the real property for condominiums and townhouses.
F. 
All onsite wastewater treatment systems serving commercial and multifamily uses are subject to specific or general wastewater discharge requirements/permits as established and issued by the Los Angeles County Regional Water Quality Control Board.
G. 
If an inspection of the OWTS occurs after any of its contents have spilled onto the surface of the ground or into any building served by the OTWS or if an inspection occurs after OTWS has been pumped three or more times during any 180 day period and the inspection reveals that, due to its failure status, the OWTS is in need of any repair, modification, upgrade or replacement, the property owner must obtain a new or updated operating permit.
If an OWTS is already the subject of an operating permit, an updated permit must be obtained within 30 days of the city's written notice unless a compliance agreement is entered into by the property owner and the city extending this 30 day deadline. If a property owner fails to comply with this section, the city may revoke or suspend the operating permit in accordance with the provisions of Section 15.44.080 of this chapter.
If an OWTS is not the subject of an operating permit, an operating permit must be obtained within 30 days of the city's written notice unless a compliance agreement is entered into by the property owner and the city extending this 30 day deadline. Failure to comply within 30 days of the city's written notice shall be punishable pursuant to Section 15.44.100 of this chapter.
H. 
Conditions are required for an operating permit when the OWTS cannot be maintained in accordance with this code, in conjunction with development permits, as part of the approval for an alternative OWTS, or as otherwise directed by the administrative authority for good cause. Conditions include, but are not limited to, alternate renewal period, monitoring, sampling, and pumping.
(Ord. 435 § 4, 2018; Ord. 468 § 3, 2020; Ord. 517, 6/24/2024)
A. 
Operating permits for properties with a home occupation use shall be valid for two years from the date of issuance unless sooner revoked by the administrative authority pursuant to this chapter.
B. 
Operating permits for an OWTS serving commercial or multifamily uses shall be valid for two years from the date of issuance unless sooner revoked by the administrative authority pursuant to this chapter.
C. 
Operating permits for advanced on-site wastewater treatment systems serving single-family uses shall be valid for three years from the date of issuance unless sooner revoked by the administrative authority pursuant to this chapter.
D. 
Operating permits for conventional on-site wastewater treatment systems serving single-family uses shall be valid for five years from the date of issuance unless sooner revoked by the administrative authority pursuant to this chapter.
E. 
The owner of real property served by an OWTS is responsible for the timely renewal of the operating permit. It shall be a violation of this chapter for an owner of real property served by an OWTS to allow an operating permit to lapse for a period longer than 30 days unless the property owner has entered into a compliance agreement with the city for any necessary repairs, upgrades or modifications to the OWTS.
(Ord. 435 § 4, 2018; Ord. 517, 6/24/2024)
A. 
An operating permit will not be issued to a property owner until the OWTS has been inspected by a city approved OWTS inspector and found to be operating in compliance with the City's Guidelines for the Inspection of On-Site Wastewater Treatment Systems in the Malibu OWTS Manual and with any applicable conditions previously stipulated for the system.
B. 
All inspections required by this chapter shall be conducted by a city approved OWTS inspector in accordance with the guidelines.
C. 
All residential properties with a home occupation use described in Section 15.40.050(A)(1) shall obtain an inspection annually. The city will revoke the operating permit and suspend home occupation use activities until all required repairs, modifications, replacements, and/or upgrades have been completed to the satisfaction of the administrative authority.
D. 
The results of any inspection required by this chapter shall be reported to the administrative authority by the OWTS inspector on the official inspection form for on-site wastewater treatment systems.
E. 
The administrative authority shall establish and approve the guidelines for the inspection of on-site wastewater treatment systems and the official inspection form for on-site wastewater treatment systems and any amendments thereto.
F. 
It is a violation of this code to falsify, misrepresent, or fraudulently alter or manipulate a system inspection form.
(Ord. 435 § 4, 2018; Ord. 517, 6/24/2024)
A. 
All OWTS inspections required by this chapter must be performed by a registered onsite wastewater treatment system inspector certificate holder. Registration of OWTS inspectors is governed by Malibu Municipal Code Chapter 5.38.
B. 
The city of Malibu shall maintain a list of all currently approved OWTS inspectors. A copy of the list may be obtained by any person upon request.
(Ord. 435 § 4, 2018)
A. 
Certificates of Inspection. If an inspection of the OWTS prior to a renewal, purchase or change in ownership reveals that the OWTS is in need of any repair, modification, upgrade or replacement, the property owner may request a certificate of inspection from the city in lieu of obtaining an operating permit prior to renewal or completion of the purchase or change in ownership. A certificate of inspection shall only be issued when a compliance agreement binding the owner to a time schedule for any required repairs, upgrades, or replacements has been executed by the owner of the real property served by the OWTS and the administrative authority or his or her authorized agent. Any compliance agreement entered into for purposes of this chapter must include terms binding all future owners and assigns of the real property served by the OWTS and, in order to put future owners and assigns on notice of the obligations contained in the compliance agreement, the owner of the real property served by the OWTS must record the compliance agreement with the city within three to five business days after its execution. The compliance agreement shall incorporate any interim measures governing the operation of the OWTS deemed appropriate by the system inspector and/or the administrative authority. In the event that a property owner fails to secure an operating permit or a certificate of inspection prior to a purchase or a change in ownership, it shall be incumbent upon the successor in interest/transferee/purchaser to secure an operating permit for the OWTS within 180 days of the effective date of purchase or change in ownership.
B. 
Operating Permits. The city shall issue an operating permit when: (1) all required repairs, modifications, replacements, and/or upgrades identified in the official inspection form and the compliance agreement have been completed to the satisfaction of the administrative authority and in accordance with all required permits and approvals; and (2) the property owner has satisfied all of the owner's obligations set forth in the compliance agreement.
(Ord. 435 § 4, 2018)
A. 
Grounds. The administrative authority may revoke or suspend an operating permit if the property owner is found to be in violation of any condition(s) of the permit or if the property owner is found to be in violation of any applicable requirements of the Los Angeles County health department, the Los Angeles Regional Water Quality Control Board, or this code.
B. 
Procedure. If the administrative authority has reason to believe that grounds for revocation or suspension of an operating permit exist, the administrative authority shall notify the property owner by certified mail to the address of the real property served by the OWTS. The notice shall be deemed effective upon the date of mailing. The property owner shall have 15 calendar days from the date of the notice to request an administrative hearing. If a timely request for an administrative hearing is received, the administrative authority shall conduct the hearing not less than 15 or more than 60 calendar days from the date the hearing is requested. Written notice of the date, time and location of the hearing must be provided to the property owner at least 15 calendar days before the hearing date. The property owner may present oral and written evidence at the hearing. The administrative authority shall issue a written decision within 15 calendar days of the close of the hearing.
C. 
Appeals. The property owner may appeal the revocation or suspension of the operating permit by the administrative authority to the building board of appeals in accordance with Section 112 of the California Building Code.
(Ord. 435 § 4, 2018)
The amount of the fees for an application for an inspection, the issuance of an operating permit, the issuance of a certificate of inspection, and the preparation of a compliance agreement shall be established by resolution of the city council. The amount of the fee charged for further evaluation by city staff, as required by the inspection report, shall be established by resolution of the city council.
(Ord. 435 § 4, 2018)
Every person violating any provision of this chapter is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
(Ord. 435 § 4, 2018)