HomeMy WebLinkAbout3.2ITEM 3.2
TOWN OF LOS ALTOS HILLS January 9, 2014
Staff Report to the Planning Commission
SUBJECT: AMENDMENT TO TITLE 6, CHAPTER 4, ARTICLE 1, SEWAGE
DISPOSAL (SEPTIC ORDINANCE), OF THE LOS ALTOS HILLS
MUNICIPAL CODE
FROM: Debbie Pedro, AICP, Community Development DirectoF7
RECOMMENDATION: That the Planning Commission:
Forward a recommendation that the City Council adopt the draft ordinance in Attachment
1, amending Title 6, Sanitation and Health, Chapter 4, Sewage, Article 1, Sewage
Disposal, of the Los Altos Hills Municipal Code to implement revisions related to the
adoption of updated regulations for onsite wastewater treatment systems (OWTS)..
BACKGROUND
The Town's Sewage Disposal Ordinance was adopted by the City Council on June_ 3,
1968. (Ordinance 136, Attachment 2) Per the Ordinance, the Town defers to the County
of Santa Clara Department of Environmental Health (DEH) for regulation of onsite
wastewater treatment and dispersal systems (aka septic systems). Septic system design
requirements for Los Altos Hills were compiled by the DEH and published in the
technical manual "Bulletin A" (Attachment 3)
According to the DEH, regulations governing the installation and maintenance of septic
systems were originally developed in the 1950s and 1960s. As the last significant update
occurred over twenty years ago in 1990, these regulations no longer fully reflect current
industry practices and advances in the knowledge, understanding, and use of onsite
systems. In addition, the County regulations contain inconsistencies and do not provide a
comprehensive approach covering administrative, design, materials, construction,
operation, maintenance, and monitoring matters for OWTS.
In 2009, the County began the OWTS ordinance update project, including the preparation
of environmental review documents in accordance with the California Environmental
Quality Act (CEQA). On November 5, 2013, the County Board of Supervisors
unanimously voted to approve a new, updated ordinance that replaced the existing
County regulations governing individual on-site wastewater treatment systems
(Attachment 4). A second reading of the Ordinance was held on November 26, 2013 and
the ordinance became effective on December 26, 2013.
Staff report to the Planning Commission
Sewage Disposal Ordinance Update
January 9, 2014
Page 2
DISCUSSION
In 2014, approximately 40% of the Town (1,195 parcels) developed with single family
homes utilize septic systems. The proposed ordinance amendment will update the
Town's septic systems criteria to reference the newly revised Santa Clara County OWTS
regulations so that the DEH can continue to process OWTS permits for the Town under a
uniform set of rules and requirements.
Key provisions of the revised SCC OWTS Ordinance are as follows:
• Compliance with AB885. The State Water Resources Control Board (SWRCB)
adopted a policy effective May 13, 2013, implementing AB885, which outlines
construction, installation, and maintenance requirements, as well as environmental
monitoring for all local agencies with local OWTS programs.
• Elimination of inconsistencies with Regional Water Quality Boards' OWTS
regulations and directives, and creation of greater technical and procedural
consistency throughout the County.
• Reduction of land area requirements and dispersal field construction for some site
conditions, by incorporating design requirements that are consistent with widely
accepted technical literature and protocols.
• Allowance of a broader range of treatment and dispersal designs, including alternative
systems that use enhanced wastewater treatment technologies.
• Addition of erosion control measures for OWTS dispersal fields.
• Elimination of separate OWTS requirements for ancillary buildings, such as detached
living units.
• Creation of a Septic Tank Pumper Inspection Program requiring basic inspection and
reporting on OWTS conditions at the time of OWTS servicing.
• Creation of an Alternative System Operating Permit to ensure ongoing inspection,
monitoring and maintenance of alternative OWTS.
• Creation of an Onsite Systems Manual, which contains comprehensive procedural
and technical details for implementation of the Ordinance, covering administrative,
design, materials, construction, operation, maintenance, and monitoring matters, and
user information.
2
Staff report to the Planning Commission
Sewage Disposal Ordinance Update
January 9, 2014
Page 3
The proposed Town ordinance includes an amendment to Section B11-62 of the County
OWTS regulations, requiring sewer connection when a property is within 200' instead of
300' of a sewer line. In addition, per policy 4.5 of the General Plan Land Use Element
(Attachment 6), the Town ordinance further clarifies that a connection is required for the
construction of a new residence or major addition, or in the event of septic system failure.
A chart comparing the existing Los. Altos Hills septic ordinance and the Santa Clara
County ordinance is included in Attachment 7.
ATTACHMENTS
1. Proposed Ordinance Amendments
2. Ordinance 136, approved by the City Council on June 3, 1968
3. Bulletin A, Septic System Requirements for Los Altos Hills, updated on December 2003
4. Santa Clara County OWTS Ordinance NS -517.85, approved on November 26, 2013
5. Santa Clara County Department of Environmental Health Onsite Systems Manual,
September 2013.
http://www.sccgov.org/sites/deh/Consumer%20Protection%2ODivision/Program%20
and%20Services/Land%2OUse%2OProgram/Documents/OWTS/Onsite_Systems Ma
nual.pdf
6. General Plan Land Use Element Policy 4.5, adopted by the City Council on May 8, 2008
7. Comparison of Los Altos Hills and SCC OWTS requirements dated March 20, 2013
TITLE 6. Sanitation and Health
CHAPTER 4. Sewage
ARTICLE 1. Sewage Disposal
6-4.101 Definitions.
ATTACHMENT 1
For the purposes of this chapter, unless otherwise apparent from the context,
certain words and phrases used in this .chapter are defined as --follows:
Building Inspector means the Building Inspector or his or her assistants.
Failing system means a system in whi&all or any ofthe e following conditions are
observed:
(1) Surfacing of water in the area occupied by the private`''seiyage disposal
system; (When such surfacing occurs, the wA rier.may elect; to demonstrate_ the influence
of waters other than of sewage origin and correct ly the submission of an engineering
report and the installation of.a subsurface drainage system pursuant to the .provisions of
Section 6-4.115 of this article.)
(2) Surfacing of water in adjacent ov=other areas near, the sewage disposal
system area where itcan�be demonstrated.tliat liquid from the system is present. These
areas include those wiere ownership or occupancy is different from that on which the
system is located
(3) Failure of plumbing fixtures within the structure served by the system to
prop. -4ram n
Th s:does ot include a failure ofthe plumbing system; and
-i`(4) Saturation=of the drainfield during a dry season as evidenced from
inspection -wells. _
Health. Officer means the County Health Officer, his or her assistants, or
authorized deputiesacting as_Health Officers of the Town:
Sanitary waste means and includes, but not be limited to, the discharge from
toilets, bathtubs, lavatories, dishwashers, washing machines, and any and all other
fixtures connected to the building plumbing system.
Town standards means those standards relating to individual sewage disposal
system design, construction... and/or maintenance described in Chapters IV and V of
Division 1311 of the Santa Clara Ordinance Code, except for the additions, deletions
and amendments hereinafter noted, such regulations are adopted and made a part
hereof, the same_ as if fully set forth in this Article, and shall be the sewage disposal
regulations for thebyl flan theme', �, �, _�
zccr=.xc -car-c3�
sided by*§ i n_a i 46)
6-4.102 Section Public sewers—Connections required when available -Exceptions.
Section Ell -62 of the Santa Clara County Ordinance Code is amended to
read as follows:
All existing buildings where persons reside, congregate,; or *40 employed shall be
required to be connected to an approved public sewer.wlien such sewer is with 200 feet
of the property line, except when the existing means_ of sewage disposal is functioning
in conformance with the requirements of this chapfer and the Town Standards and to the
satisfaction of the Health Officer. All new residences and matjar additions shall be
connected to an approved public sewer.wli such sewer is tir-ithib-200 feet of the
property line, except when the elevation of the existing sewer main dues not
-=
facilitate gravity flow, subject to the appr6iru of the C ty.Engineer and Health
Officer. +33, 0;.4 13
6-4.103 Public sewers—Connections prerequisite to issuance of building permits—
Exceptions.
No building;per_ __ _ shall be issued,.for any_building which is not to be connected
to an.approved public sanitary" "sewer without the written -,=approval of the Health .Officer of
the proposed means.o.f sewage disposal foi'`sikhi building. (§ 15, Ord. 136)
6-4.104 Public sewers -Connections prerequisite to issuance of certificates of
occupancy=Exceptions. -
No certificate of occupancy shall be issued for any building which is not
connected to an approved public sanitary sewer without the written approval of the
Health Officer of the means: of sewage -disposal for such building. (§ 16, Ord. 136)
6-4.105 House ewers.
Every house sewer shall end in a wye branch connecting to the house drain. The
wye shall be brought up -to the ground level and be closed by a cap and shall be available
as a cleanout. (§ 20, Ord. 136)
6-4.106 Toilets required—Exceptions.
It is unlawful for any person to maintain or use any residence, place of business,
or other building or place where persons reside, congregate, or are employed which is not
provided with a water -flush toilet and with the discharge of all sanitary waste to a sewage
system approved by the Health Officer. When judged permissible by the Health Officer, a
2
privy or other form of toilet which meets the requirements of construction and
maintenance set forth in this chapter may be used in lieu of the water -flush toilet. (§ 2,
Ord. 13 6)
6-4.107 Pollution by private systems.
It is unlawful for any person to :construct or maintain any septic tank, sewage
treatment works, sewer pipes or conduits, or other pipes or conduits for the treatment or
discharge of sewage or impure waters or any matter or substance offensive, injurious, or
dangerous to health whereby they shall do any of the following:
(a) Overflow any lands whatever; or
(b) Empty, flow, seep, drain into, or affect_ay$prings, streams, rivers, lakes,
or other waters within the Town. (§ 4, Ord. 136)-
6
36) 6 4.108 G,_,ss..,eels
11, ` a w
� isa wa "
seweF well.
(Vote: covered under Sec. B11-75. Sr-'-i-i llsr._cesspools :seepage pits)
6-4.108418 Private systems iVlinimurn-standards
Except as otherwise provided m this"chapter, the minimum standards for the
maintenance and/or'constructionor. alteration -o expansion of private sewage disposal
plants for septic tanks, drains, dosing' tanks, fil�ter_.beds, diversion boxes; disposal fields,
and leach lines slall..be as set,forth in the Town standards. (§ 7, Ord. 136)
_.
6 4 I09 Private systems Required in 1reu of public sewers—Conformance to
standards.
Every residence, place., of residence, or other building or place where persons
congregate, reside, or are ei#jgyed which is not connected to a public sewer system shall
be provided with'a;private sewage disposal system. Such sewage disposal system shall be
built rebuilt constructed paltered reconstructed repaired, and maintained in such a
manner as to meet the`requrements of this chapter and in accordance with the Town
standards. (§ 5, Ord. 136)'
6--'i�Fi-v$tefas New eenstrdetrei-:
T1, system fer- aay.p%�mises shall inEli:FCtCtt-Ywa (2)eam IP
,-* + se
+'
tarl. of one +1,.,us nd five l,uR red (1,500) water- '+, 11 + +1, fl
gallons Y J •.0 u uc. �u� rcv yr
111'12 7 diver-sien be n .,..lisposa field +' n ,� .,, 1 filled 1 l. ' +re
L
.� - -- -------- - ---� �-- - L--.,1. .L...-- ---.a a.,�,aaoio a ,�
The disposal field shall be installe-;r O.—PS to feffn tw (2) ' .a .a + seetions
eael eentainint, �* e half .f the tetal lengthv..
f the +-enl, A ,l.li+iea l afea shallam,..:
be L+
3
._.i 1 L sewage }
ef
the c ^ a u a w�a .aa i by .w.. l�. u a a a
i'
ss:: r: II 6 eeaeCed- lax. 'e,vuz. v Tea1 iw� tee nl_ nl nll 1.e 3 $+.+nn:-, .i
V.-aellatiea ate 1 i =ed as set i iaa a • as
.h N
T—aV Z�JL'Z •�`ic i.i S gni %i ,a �T'.� .
(YOcovered cinder Sec Bll 47a j. Onsite wastewater Treatment system, conventional
and 0 ite Systems Adan- al page`IO).
6-4.110-=Pri<vate systems�xisting—Failing—Repairs required:
Owners dr_residents-.—d remises with existing private sewage disposal systems
which are failing or=where-failure may appear imminent and where a public sewer is not
readily available shall repair, modify, and/or expand such system upon the order of the
Health Officer. The modification and/or expansion shall be such as may bring about
correction of the failure or elimination of the imminent failure. The alteratie s to sue a
System may eansist of the addition ef a filter- b
leaehinb lines, together-ith x.
desing
ith
7 a -
'ldisehar-ging, t6 thefilter-ef to the diver-sien be -r. The diver-sio,, be -Y shall p ide F .• the
desing ef alter=- ate. s eeti-AiRS A-ftlic, dispesal field for- an extended per-ied!6f tkne. The
aed disposal. field a a:field, together-
additional b lines, 7
rd
5
�i2Fe
'.
=Flea=Ltizc�4E5-'z�2�e:490-
.h N
T—aV Z�JL'Z •�`ic i.i S gni %i ,a �T'.� .
(YOcovered cinder Sec Bll 47a j. Onsite wastewater Treatment system, conventional
and 0 ite Systems Adan- al page`IO).
6-4.110-=Pri<vate systems�xisting—Failing—Repairs required:
Owners dr_residents-.—d remises with existing private sewage disposal systems
which are failing or=where-failure may appear imminent and where a public sewer is not
readily available shall repair, modify, and/or expand such system upon the order of the
Health Officer. The modification and/or expansion shall be such as may bring about
correction of the failure or elimination of the imminent failure. The alteratie s to sue a
System may eansist of the addition ef a filter- b
leaehinb lines, together-ith x.
desing
ith
7 a -
'ldisehar-ging, t6 thefilter-ef to the diver-sien be -r. The diver-sio,, be -Y shall p ide F .• the
desing ef alter=- ate. s eeti-AiRS A-ftlic, dispesal field for- an extended per-ied!6f tkne. The
aed disposal. field a a:field, together-
additional b lines, 7
rd
-shahl* be desed:.FeF aa ei-Aanded peiied eftime the Wie=. seet-ler's -esed ar-e-
feasgit. 5 (b), Ckd. 13 6)
(Note *-covered under Sec. BI 1-85. Abatement and B1 1-90. Use of alternative systems)
6-4.11114-ArPrivate systems—Existing—Failing—Reports.
All sewage disposal system failures shall be reported within ten (10) days of their
occurrence to the Town by the owner or:resident. -(.§ 17, Ord. 136)
6 4.115
(Note: covered tinder Sec. BI 1
ls; cesspools; seepage pits. B11-76.
6-4.112�1
pul:npffi- eper-atien
Whatever- wigiih
the Tevm �Aitheut
haN4ng in his or her pessessien
va4id. eense
f sueh aetiyity, sueh lisense
haN-:e,-,
been
issi4ed-by the
C -4y
Clerk,
-e -F
pfeNieusly
(e)
heensee
Lieenses to -Pufap A-pokeations.
iii to the
Gity Clerk,
-Pr-ier-
designatioia
to the issuaiaee of sueh
the leeatien
lieense, the
shall
the
submit wr-itiiig
heensee dispose the
a.
of exut
the lieensee's
at.
fees
m4iieh
will of
sewage, a
sehedule
of standard
far- sen4ees,
and;an agFeement that the
licensee
will r-epeft
to the Health Offieer
all
k,
-app e:ya -r3- ei fiHralth Offieen
_4'd) —�ic��'ases a .��.a �.. �zsf' izc sH P-5, 0 "W��, e the
d- a . a yeu a
�l r b yb, it .,. .3 +- ai ., _ , ai !C 18, �1. 7 �'� C
_ X34 i s r c' ?Tzc zv—tic, a.-.,.. 3 6, as
All private disposal system pumping must;te"done by a registered pumper. Each
pumper shall report to the health ofRcer all_pumping made during the month. Each
registered pumper shall be registered witli health ®fcer and shAutilize a
disposal point or site approved by the �ealthYflcer -=- -
(Note: covered tinder Sec: Bll 89 Septz tankpztmpangr,inspection, and reporting
requirements)
6 4.118 4te
peet
+
(NO te 66. eredunderSec__BII-92.Operatingpermits)
6-4.11344-9 Private systems=New construction—Septic tank permits.
(a) Re4tiied.^It-is:unlawful for any person to construct, build, or rebuild any
residence, place of resiclece, or other building or place where persons congregate, reside,
or are employed which is"not to be connected to an approved public sanitary sewer .
without first submitting plans of the means of sewage disposal to the Health Officer and
obtaining a permit therefor.
(b) Applications. The application for such permit shall be prepared by a
registered civil engineer and shall include a plot plan of the premises showing the overall
topography and surface drainage direction; the specific location of the septic tank; the
leaching field and other finished elevations of structures and the leaching field; a plan and
on
elevation views of all structures, including the leaching field, giving all dimensions; and
such other pertinent information as the Health Officer may require.
(c) Issuance. If the application is prepared and the work proposed is in
conformance with the requirements of this chapter and the Town standards in effect at the
time of issuance, the Health Officer shall issue the septic tank and leach field permit. The
permit, as issued by the Health Officer;.shall be in full force and effect for a period of one
year after the date of the issuance of the permit. If the septic tank and the leach field have
not.been completed within the one-year period after the date of issuance, the permit shall
become null and void, .and a new application shall be filed. The issuance of a new permit
shall be in conformance with both the requirements of the=provisions of this chapter and
the Town standards adopted and in effect at the time of fe issuance of the new permit.
If it is determined by the Health Officer.t. the par66 of land set forth in the
application does -not conform to the requirements= -of this chapter: o the Town standards
adopted and in effect at the time of the filing of the application, the Health Officer shall
not issue the permit. Any person may appeal_the findings of the Health Officer to the
Council in accordance with Section 6-4.125 of "s article;,The Council; mon the
conclusion of the public hearing, _shall either sustain the'f ridings and determinations -of
the Health Officer or shall grant a variance to the provision of this chapter and the Town
standards. (§ 11, Ord. 136, as amended by; § 2, Ord 226: eff. October 17, 1975: § 1
(part)- Ord. 242) =
6-4.114?=_'8 Private: systems -Existing Repairs.4peptic tank permits.
(a) Required. It is unlawful for any person to alter,. repair, expand, or
otherwise modify an existing selvage disposalsystem without first submitting plans of the
proposed .work10 the Health Officer.-' and obtaining a permit therefor.
Of eer. shall issueIn taefAE pe .init_ (§ 12, Ord. 13 6, as .mzeaded-����Ord.
2
(Vote: covered under Sec. B11-77. Permit and onsite wastewater treatment system
plans; new construction; rebuilding; remodeling)
VA
6-4.1151-2-11 Private systems—Plans—Review—Inspections.
The Health Officer City a er shall review all plans for proposed sewage
disposal installations and all plans for proposed alterations, improvements, or expansion
of existing sewage disposal installations and shall make all necessary site inspections to
determine conformance with the provisions of this chapter. Ry
rr „e ..s a.: _1 te the4leakA ffie
= issuaneeCs-p'Gfaa':-by >ae.C- ..�oT T. ei, u. rsTy �-u �
t L a �. +1 r t t t F
.. ... r- _ . .. ig
(Note: covered .sander Sec. B11-77. Permit and on_ iMi ivastidied- tretarazzent system _
plans; new construction; rebuilding; remodeWBll-81. C"oii��iacction inspections)
6-4.1161-2-22 Private systems—Fee L _...,4g6 r
CGiFe
�
(1) The applicant for aseptic tank',permit for new.
existing system modification or expansion shall pay,,to the He"
permit a fee as establzs_ Ked by the county for that pazrpose.
istruction or for an
h Officer for each
6-4.1174 Liability.
The provisions of this chapter shall not be construed as imposing upon the Town
any liability or responsibility for damages resulting from the defective construction of
any sanitary sewerage disposal system, nor shall the Town, or any official or employee
thereof, be held as assuming any such liability or responsibility by reason of the
inspections authorized by the provisions of this chapter. (§ 25, Ord. 136)
64.11812-4 Enforcement.
It shall be the duty of the City Manager, on a recommendation of the Health
Officer, to enforce the provisions of this chapter, and, in the performance of this duty, the
City Manager, the Health Officer, or any duly authorized agent of either is hereby
authorized to enter at any reasonable hour any premises as may be necessary in the:
enforcement of the provisions of this chapter and to make investigations, including the
taking of samples and conducting of dye tests. (§ .21, Ord -T36)
6-4.113-'_0?? Appeals.
Any person aggrieved by a determination of any administfafi�e official may
appeal such determination to the Council by�ng a written notice of appeal with the City
Clerk within ten (10) days after receiving a nodice, of the determination'o&ffie
administrative official. There shall,bepaid a norirefundable'filing fee for earl -such
appeal, and, in addition thereto, thereshall be paid1-,,,ftosit for services. The City Clerk
shall put the matter on the next openagenda for a heanrigat a regularly scheduled
Council meeting. The amounts of theUifiklee=and deposit "shall be set by resolution:
(Res. 535 and § 27, Ord._ -I36; § 10,.6rdv..328, eff :;October 6,1989)
6-4.12"P Vi
Any person VWatin;
of this chapter shall be d-6eu
shall.be puiushable,.as set fc
m unapt
or failing to comply with any of the provisions
a misdemeanor and, upon conviction thereof,
�r 2_ of Title 1 of this Code. (§ 21; Ord. 136)
X
�1
ORDINANCE NO. 136
ATTACHMENT 2
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS PROVIDING FOR THE SANITARY DISPOSAL
OF SEWAGE, DECLARIN.G-.VIOLATIONS THEREOF TO CONSTITUTE
PUBLIC NUISANCE, REPEALING ORDINANCES AND PORTIONS
THEREOF IN CONFLICT THEREWITH, AND PROVIDING FOR
PENALTIES FOR VIOLATION.
THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. For purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the
future, -words in the plural number include the singular number, and words
used in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
(a) "Health Officer" Health. -Officer shall mean the Santa Clara
County Health Officer, his assistants, or authorized deputies acting as
Health Officer of the Town of Los Altos Hills.
(b) "Building Inspector" Building Inspector shall mean the
Building Inspector or his assistant(s) employed by the Town of Los Altos'Hills.
(c) "Franchised Pumper" Franchised Pumper shall mean the duly
franchised firm or firms selected by the Town of Los Altos Hills-to'perform
septic tank pumping.
--'(d) "Percolation Rate" Percolation rate shall mean that rate--
expressed
ate -
expressed in minutes per inch as determined by percolation tests made -in
accordance with procedure described in Town Standards.
(e) "Sanitary Waste" Sanitary Waste includes, but is not limited
to, the discharge from toilets, bathtubs, lavatories, dishwashers, washing
machines, and any and all other fixtures connected to the building plumbing
system.
(f) "Town Standards" Town Standards shall mean those standards
relating to individual sewage disposal system design, construction and/or
maintenance as approved by the Health Officer and as.adopted by Resolution
of the Town Council.
(g) "Failing System" A failing system is one in which all or
any of the following conditions are observed:
V
�1
ORDINANCE NO. 136
ATTACHMENT 2
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS PROVIDING FOR THE SANITARY DISPOSAL
OF SEWAGE, DECLARIN.G-.VIOLATIONS THEREOF TO CONSTITUTE
PUBLIC NUISANCE, REPEALING ORDINANCES AND PORTIONS
THEREOF IN CONFLICT THEREWITH, AND PROVIDING FOR
PENALTIES FOR VIOLATION.
THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. For purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the
future, -words in the plural number include the singular number, and words
used in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
(a) "Health Officer" Health. -Officer shall mean the Santa Clara
County Health Officer, his assistants, or authorized deputies acting as
Health Officer of the Town of Los Altos Hills.
(b) "Building Inspector" Building Inspector shall mean the
Building Inspector or his assistant(s) employed by the Town of Los Altos'Hills.
(c) "Franchised Pumper" Franchised Pumper shall mean the duly
franchised firm or firms selected by the Town of Los Altos Hills-to'perform
septic tank pumping.
--'(d) "Percolation Rate" Percolation rate shall mean that rate--
expressed
ate -
expressed in minutes per inch as determined by percolation tests made -in
accordance with procedure described in Town Standards.
(e) "Sanitary Waste" Sanitary Waste includes, but is not limited
to, the discharge from toilets, bathtubs, lavatories, dishwashers, washing
machines, and any and all other fixtures connected to the building plumbing
system.
(f) "Town Standards" Town Standards shall mean those standards
relating to individual sewage disposal system design, construction and/or
maintenance as approved by the Health Officer and as.adopted by Resolution
of the Town Council.
(g) "Failing System" A failing system is one in which all or
any of the following conditions are observed:
1. Surfacing of water in the area occupied by the private
sewage disposal system. (When such surfacing occurs, owner may elect to
demonstrate influence of waters other than of sewage origin and correct
by submission of engineering report and installation of sub -surface
drainage system pursuant to Section 6.)
2. Surfacing of water in adjacent or other areas near the
sewage disposal system area where it can be demonstrated that liquid from
the system is present. These areas include those where ownership or occupancy
is different from that on which the system is located.
3. Failure of plumbing fixtures within the structure served
by the system to properly drain. This does not include.a failure of the
plumbing system.
4. Saturation of the drainfield during a dry season -as
evidenced from inspection wells.
SECTION 2. It shall be unlawful to maintain, or use, any residence,
place of business, or other building or place where persons reside, con-
gregate, or are employed which is not provided with a water -flush toilet
and with the discharge of all sanitary waste to a sewage system approved
by the Health Officer. When judged per-missible by the Health Officer., a
privy or.other form of toilet which meets the requirements of construction
and maintenance hereinafter described may be used in lieu of the water -
flush toilet.
SECTION 3. All existing buildings where persons reside, congregate
or are employed shall be required to be connected to an approved public
sewer when such sewer is'reasonably available except when the existing
means of sewage disposal is functioning in conformance to the requirements
of this ordinance and to the Town Standards and to the satisfaction of the
Health Officer.
SECTIOAT 4. It shall be unlawful for any person to construct or main-
tain any spetic tank, sewage treatment works, sewer pipes or conduits, or
other pipes or conduits for the treatment or discharge of sewage or impure
waters or any matter or substance offensive injurious or dangerous to
health, whereby they shall do any of the following:
(a) Overflow any lands whatever;
(b) Empty, flow, seep, drain into or affect any springs, streams,
rivers, lakes or other waters within the Town of Los Altos Hills.
-2-
SECTION 54 Every residence, place of residence, or other building
or place where persons congregate, reside or are employed, which is not
connected to a public sewer system shall be provided .with a private sewage
disposal system, said disposal system to be built or rebuilt, constructed,
altered or reconstructed or repaired, and maintained in such a manner as
to meet the requirements of this ordinance and in accordance with Town
Standards as adopted by Resolution of the Town Council.
(a) New Construction: The minimum system for any premise shall
include a two compartment septic tank of 1,500 gallons water capacity
measured at flow line, a diversion box and a dLspasal field consisting of
a ravel filled leaching trench system. The disposal field shall be
installed so as to form two independent sections �each _containing half of
the total length of trench. Additional area must be kept available on each
premise on which the sewage disposal system is proposed to provide for the
expansion of the disposal field by at least 100%. This area must be
indicated on theplan. The length of leaching trench required shall be
determined from the stabilized percolation rate performed as outlined in
the town standards and in accordance with the following values:
Length of
Stabilized Percolation Rate Gravel Filled Trench
Not over 60 min. per inch 400 feet
Not over 90 min. per inch but
greater than 60 min. per inch 600 feet
Not over 120 min. per inch but
greater than 90 min. per inch 800 feet
When the stabilized percolation rate is in excess of 120 minutes
per inch individual sewage disposal systems will be approved only if the
total lot size is 3.0 acres or greater, -except that special consideration
may be given to premises having percolation rates greater than 120
minutes per_inch where detailed soil analysis studies are presented.
Each of the two independent sections of the installed disposal
field shall receive the entire effluent flow of the septic tank for a 6
month period. At the end of this period the gates in the diversion box
shall be so manipulated that the section of the disposal field previously"
lying idle will receive the total septic tank effluent flow for the
ensuing six month period.
-3-
Alternate systems will be considered by the Health Officer upon
request of the applicant. Requirements for submission of said alternative
plan are outlined in the Town Standards.
(b) Existing Systems: Owners or residents on premises with
existing private sewage disposal systems which -are failing or where failure
may appear imminent and where a public sewer is not readily available
shall repair, modify and/or expand their system upon order of the Health
Officer. The modification and/or expansion shall be such as may bring
about correction of the failure or elimination of the imminent failure.
The alterations to such a system may consist of the addition of a filter
preceding the disposal field and/or additional leaching lines together
with a diversion box. There may also be added a dosing tank equipped with
automatically controlled pump or siphon installation discharging to the
filter or to the diversion box. The diversion box provides for the dosing
of alternate sections of the disposal field for an extended period of
time. The enlarged disposal field resulting from the previously existing
field together with the additional leaching lines shall be divided into
two or more sections, each of which shall be dosed for an extended period
of time while other section.(s) not being dosed are resting,
SECTION 6, Sub -Surface Drainaze: The Health Officer may requite
the installation of sub -surface drainage on any premise on which a private
sewage disposal system is proposed or on which there is an existing sewage
disposal system which is failing or in which failure is imminent. Prior
to installation of the drainage system, the Health Officer may require the
owner or resident of the premise to submit a report showing nature and
extent of sub -surface water movement and method of draining. Such report
shall be prepared by a registered Civil Engineers
SECTION 7. Except as otherwise stated in this ordinance, minimum
standards for maintenance and/or construction for altering or expanding
private sewage disposal plants for septic tank, drains, dosing tank,
filter bed, diversion box and disposal field and leach lines shall be as
contained in Town Standards as approved by the Health Officer and as adppted
by Resolution of the Town Council.
SECTION 8. It shall be unlawful to construct, maintain or operate
as part of a`private sewage disposal system a leaching sump exceeding
six feet in depth except with the specific approval and in accordance with
requirements established by the San Francisco Bay Regional Water (;?uality
Control Board.
SECTION 9. It shall be unlawful to use a cesspool for the disposal
of sewage.
SECTION loo It shall be unlawful to drill, construct, maintain or
operate a sewer well.
IjECTION 11. It shall be unlawful for any person, firm or corporation
to construct, build, or rebuild any residence,.place of residence, or
other building or place where persons congregate, reside or are employed
which is not to be connected to an approved public sanitary sewer without
first submitting plans of the means of sewage disposal to the Health Officer,
and obtaining a permit therefor as herein provided. The application shall
be prepared by a registered Civil Engineer and shall include a plot plan
of the premises showing overall topography and surface drainage direction;
specific location of septic tank; leaching field and other finished
elevations of structures and leaching field; a plan and elevation views
of all structures including leaching field, giving all dirnensions; and
such other pertinent information as Health Officer may require. If the
application is prepared and the wore proposed both in conformance with
the requirements of this ordinance and with the Town Standards, the Health
Officer shall issue the septic tank permit. Every applicant for a permit
shall pay to the Health Officer for each permit issued and at the time of
issuance a fee of 14;10.00 for each sewage.disposal system.
SECTION 12. It shall be unlawful for any person, firm or corporation
to alter, repair, expand, or otherwise modify an existing sewage disposal
.system without first submitting plans of the proposed work to the Health
Officer, and obtaining a permit therefor as herein provided. The application
shall include a plot plan of the premise showing overall topography and
surface direction, description of existing system and details of proposed
alteration or modifications showing all dimensions and such other pertinent
information as the Health Officer may require. The Health Officer may
-5-
require preparation of this application by a registered Civil Engineer.
If the application is prepared and the work proposed both in conformance
with the requirements of this ordinance and with the Town Standards the
Health Officer shall issue the septic tank permits Every applicant for
a permit shall pay to the Health Officer for each permit issued and at
the time of issuance a fee of '10000 for each sewage disposal system.
SECTION 13. The Town Engineer shall review all plans for proposed
sewage disposal installations and all plans for proposed alterati6ns;..
improvements or exapnsions of.existing sewage disposal installations
and shall make all necessary site inspections to determine conformance
with minimum Town Standards. The Town Engineer shall report his deter-
minations to the Health Officer.
After issuance of permit by the Health Officer the
Town Engineer shall conduct such inspections on premises as are necessary
to assure carrying out of proposed construction in accordance with plans
approved by the Health Officers The Health Officer may elect to make any
or all of the reviews and inspections referred to in this section in lieu
of the Town Engineer.
SECTION 14, The applicant for a septic tank permit for new construction
or for existing system modification or expansion shall pay to the Town
plan review and field inspection fees in the same manner and in the same
amount as other building fees. The fees shall be those specified from
time to time by Resolution of the City Council.
SECTION 15. No building permit shall be issued for any building
which is not to be connected to an approved public sanitary sewer, without
the written approval of the Health Officer of the proposed means of
sewage disposal for said building.
SECTION 16, No Certification of Occupancy shall be issued for any
building which is not connected to an approved public sanitary sewer
without the written approval by the Health Officer of the means of sewage
disposal for said building.
SECTION 17. All sewage disposal system failures shall be reported
within 10 days of their occurrence to the Tota of Los Altos Hills by
the owner or resident.
n ( Y
SECTION L8. All private disposal systems shall be pumped, for
maintenance purposes,at least once every four (4) years. All pumping
must be done by a franchised pumper. Each pumper shall report to the
Health Officer all pumping made during the month. Each franchised
pumper shall be registered with the Health Officer and shall utilize a
disposal point or site approved by the Health Officer.
SECTION 19. Each resident of a premise, or the owner if the premise
is vacant,. -having a sewage disposal system incorporating a pump, siphon
and/or diversion box shall inspect said pump, siphon and/or diversion
box at intervals not to exceed six months to determine operating condition,
perform necessary maintenance and to alternate gates in the diversion.
box.
SECTION 20. Every house sewer shall end in a wye branch connecting
to the house drain; the wye shall be brought up to ground level.and
closed by a cap, to be available as a cleanout.
SECTION 21. It shall be the duty of the City Manager, on recommendation
of the Health Officer to enforce the provision of this ordinance, and in
the performance of this duty, the City Manager, Health Officer, or any
duly authorized agent of the foregoing,•is hereby authorized to enter at
any reasonable hour any premises as may be necessary in the enforcement
of this ordinance and to make such investigation including taking of
samples and conducting of dye tests.
Any person, firm or corporation who violates or refuses
or fails to comply with any of the provisions of this ordinance shall be
guilty of a misdemeanor and shall be punished upon conviction by a fine of
not less than $$25.00, not more than $$500.00, or by imprisonment in the
County Jail for not more than six (6) months or by both such fine and
imprisonment.
SECTION 22. Every violation of this ordinance shall constitute a
public nuisance and be subject to abatement as such.
SECTION 23. Each ordinance or portion thereof in conflict with this
ordinance is hereby repealed.
SECTION 24. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is for any reason held to be unconsitituional
or invalid, such decision shall not affect the validity of the remaining
portion Qf this ordinance. The Council of—the Town of Los Altos Hills
hereby ddclares that it would have passed this ordinance and each section,
subsection, paragraph, sentence, clause and phrase thereof irrespective of
the fact that any one or more sections, subsections, paragraphs, sentences,
clauses or phrases be declared unconstitutional or invalid.
SECTION 25. This ordinance shall not be construed as imposing upon
the Town of Los Altos Hills any liability or responsibility for damage
resulting from the defective construction .of any sanitary disposal system
as herein provided, nor shall the Town of Los Altos Hills or any official,
or employee thereof be held as assuming any such liability or responsibility
by reason of the inspection authorized thereunder.
SECTION 26. This ordinance shall be posted in three (3) public places
in the Town of Los Altos Hills and shall become effective thirty (30)
days following its adoption.
SECTION 27. APPEALS. Any applicant aggrieved by a determination of
any administrative official may appeal such determination to the Town
Council, -by filing a written notice of -appeal with the City Manager within
ten (10) days after receiving notice of the administrative official's
determination. The City Manager shall then put the matter on the next
open agenda for hearing at a regularly scheduled Town Council meeting.
I HEREBY CERTIFY THAT the foregoing ordinance was introduced at a
regular adjourned meeting of the City Council of the Town of Los Altos Hills
on the 23rd day of May, 1968, and was thereafter, following the holding
of a public hearing, pursuant to notice as required by law, at a regular
meeting of said Council held on the 3rd day of June, 1968, passed and
adopted by the following roll call vote:
AYES: Councilmen Benson; Davey, Fowle, Helgesson, Mayor Aiken.
NOES: None.
ABSENT: None.
APPRO
/s/ WM. ROSS AIKEN
Mayor, Town of Los Altos Hills
7P. /��
ATTEST: /s/ DENNIS R. LAHR
City Clerk
Town of Los Altos Hills
ATTACHMENT 3
SEPTIC SYSTEM REQUIREMENTS
FOR THE TOWN OF LOS ALTOS HILLS
BULLETIN 66A99
SANTA CLARA COUNTY
DEPARTMENT OF ENVIRONMENTAL HEALTH
1555 Berger Dr., Suite 300
San Jose, CA 95112-2716
Phone 408-918-3400
FAX 408-258-5891
Web Site www.EHinfo.org
PURPOSE
This bulletin is compendium of Santa Clara County ordinance and policy provisions related to the design,
permitting and installation of individual on-site sewage disposal systems. It is intended to provide the
technical guidance for homeowners, designers and installers of on-site sewage disposal systems.
PERMIT REQUIREMENTS
A permit must be obtained from the Department of Environmental Health (DEH) to construct, reconstruct
or repair an on-site sewage disposal system. Permits will only be issued in the Town of Los Altos Hills
where a sanitary sewer is not available within 200 feet of the building. On-site sewage disposal systems
cannot be used if soil conditions, topography, high ground water or other factors indicate that this method
of sewage disposal is unsuitable.
To obtain a permit, four sets of the site plan showing the proposed sewage disposal system, and any
required supporting documents, must be submitted to DEH for review and approval.
FEES
Fees, as prescribed by resolution of Santa Clara County Board of Supervisors, are payable
separately to the Department of Environmental Health for services described throughout this
bulletin.
SITE PLANS
Site.plans must include the following information and details:
1. Show all proposed and any existing sewage disposal systems drawn accurately to a scale of at
least 1 inch = 20 feet. Large parcels must also show the entire site in a larger scale.
2. If the slope of the lot is less than 10% indicate direction and percent of slope with an arrow. If
the slope exceeds 10% show elevation contour lines at 2 foot intervals.
3. Note the assessor's parcel number (APN), site address, Town file number (if applicable), and any
subdivision, tract or lot numbers.
4. Show the North arrow and scale.
5. Show the location of all wells, springs, creeks, drainage swales or water courses on the property
or within 100 feet of property lines.
6. Show all existing and proposed structures, driveways, culverts, patios, decks, paved areas,
swimming pools, large trees, water lines, etc.
7. Show all existing and proposed cuts, slopes or embankments over 67%, slides and flood plain
boundaries.
8. Include the name, address and telephone number of the legal owner and/or applicant.
9. Show the name of adjoining property owners.
10. Show the property boundaries and their recorded lengths.
11. Show all recorded easements and right-of-ways and their purpose.
12. Indicate the name of the water company or otherwise indicate the domestic water source.
13. Show all existing or proposed sewage disposal systems within 100 feet of an existing or proposed well.
14. Show the location of all components of the sewage disposal system.
3
SAMPLE SITE PLAN
Existing: STATE AVENUE
Pavement
177'
Proposed Right of Way Property
ADJACENT > -Corner
PROPERTY `x
0
Drainfield
:J
r
.PROPOSED
J
DWELLING BARN
r'
1500 GAL. 31 MIN.
SEPTIC
TAN K 6" i`iIN_
r
Uig ersion Valve L
FIELD #1
_ Inspection
... Risers
FIELD #2
EXPANSION FIELD #1
Existing
Irp o
Well
r� EXPANSION FIELD #2
Utility Easement
LmA
CREEK
SITE PLOT PLAN OF BUILDING' SITE FOR:
wi w. NAME
STATE AVE. ADDRESS
_PHONE NO.
300' X SITE ADDRESS
LOCA70(N SKETCH Scale Date
12-03
DEVELOPMENT REQUIREMENTS
Land use and building permit applications are evaluated for adequate sewage disposal and water supply.
Other conditions such as hazardous materials storage or use, illegal dumping or illegal uses may also be
evaluated during field investigations. Evaluation/testing of any existing septic systems may also be required
to determine condition and adequacy.
Fees are collected separately by the Department of Environmental Health (DEH) for all services.
Site Approval, A site assessment, soil profile and percolation test will be required for sites for which
Subdivision and Use septic systems are proposed to determine feasibility and size of a system.
Permits
An approved water supply is required as a condition of approval for building sites,
subdivisions and most use permits. .Proof of adequate potable domestic water for
subdivisions may be required prior to deeming the application complete if water
availability is unknown or poor. Otherwise, proof of adequate domestic water supply
is required prior to map recordation. Individual wells or water systems with up to 14
connections are regulated by DEH. The California Department of Health Services
regulates all other water systems.
Building Additions Minor building additions (up to 500 square feet) 3 and accessory structures (barns,
and Accessory detached garages, swimming pools, cabanas, etc.) are evaluated on an individual
Structures basis. The construction of an additional septic tank/drainfield may be required if the
existing system is undersized, shows evidence of failure, consists of a cesspool, or if
there is an intensification of use (usually an addition of bedrooms or family room).
Major building additions (over 500 square fee) 3 require that the septic system meet
current standards. Current standards required at least a 1,500 -gallon septic tank and a
dual drainfield system and expansion area sized and sited to current code.
Building additions/accessory structures will not be approved where it would result in
a reduction in the size of the drainfield or any required drainfield reserve area.
Secondary Dwellings Each detached secondary dwelling must be served by a separate septic system that
conforms to current code.
Septic System Sizing Primarily the number of bedrooms and the ability of the soil to absorb water
Criteria determine septic system sizing. Soil may be unsuitable for a septic system if it
absorbs water too fast, or too slowly. Rooms that are designated other than bedrooms
(e.g., bonus rooms, libraries, offices, etc.) may be counted as bedrooms if they are
configured as such and have convenient access to full bathroom facilities.
Maximum Slope The maximum slope on which a drainfield may be installed is 50%.
Pump Systems Septic systems that require pumping of the effluent from the septic tank to the
drainfield are generally allowed only where it is not feasible to develop a site with a
gravity flow system. Pump systems must be engineered per the DEH Effluent Pump
System Guidelines.
s Cumulative square footage since March 2, 1984.
4 12-03
SITE EVALUATI®N
In order to determine if an on-site sewage disposal system can be utilized, the Department of Environmental
Health (DEH) must evaluate each site. The site evaluation consists of a site assessment, a soil profile trench
and a percolation test.
Fees are collected separately by the Department of Environmental Health for all services.
Site Assessment A preliminary review of the physical features of the site, including slope of the land,
proximity to cuts, steep slopes, drainage ways, wells, and other features that may limit the
available drainfield area. Prior to conducting the assessment, an application/authorization
for access form must be signed and a site plan must be provided to DEH. Following the
assessment, a written report will be provided by DEH. The report will briefly describe any
limitations to development of the site using an on-site sewage disposal system.
Soil Proffle A soil profile typically consists of a backhoe excavation to at least 11 feet deep. DEH
must be present during the excavation. The purpose of the profile is to 1) determine the
suitability of the soils for on-site sewage disposal, 2) verify that there will be adequate
separation between the bottom of the drainfield and bedrock, ground water or impermeable
limiting soil strata. If there are site characteristics or historical documentation that a
shallow ground water table is likely to occur during the rainy season a wet weather ground
water investigation will be required. The investigation must be conducted during normal
wet weather ground water conditions in accordance with DEH policy.
Percolation Test A percolation test is conducted to determine the size of the drainfield that will be required.
DEH must be advised of the day and time of the test so that a portion of the test may be
monitored.
Geotechnical If slopes in the drainfield area exceed 20%, a geotechnical report and complete engineered
Report (Slope installation plan will be required. The report and plan must be prepared by a State
>20%) Registered Civil Engineer, State Certified Engineering Geologist or a State Registered
Environmental Health Specialist.
12-03
SITING REQUIREMENTS
Maximum Slope Drainfields will not be approved on slopes that exceed 50%. Drainfields will only be
approved on slopes over 20% with additional investigation (see Site Eveluation section).
Fill Drainfields must be placed in native soil and no more than 1 foot of fill may be placed
over the native grade.
Septic Tank & The tank and diversion valve must be located to be easily accessible for maintenance.
Diversion Valve
Depth of Soil There must be at least 3 feet of dry permeable soil (no ground water, open fractured rock
or impermeable soils) beneath the drainfield on sites with moderate percolation rates.
Very fast percolation rates may require greater depth of soil beneath the drainlines.
Site Drainage On-site drainage must be designed to discharge storm water below the drainfield.
Percolation Rate Soil percolation rates must be between 1 — 120 minutes per inch.
MINIMUM SETBACKS (In Feet)
Measured From To Septic Tank To Leachfield
Foundation 5
Property Linel, Swimming 10
Pool, Domestic Water Line
Septic Tank NA
Diversion valve Max. 10 Ft. Reccomended
Top of Cut Sank, Steep Slope
(over 67%), Drainage Swale,
50
Watercourse
Well
100
Reservoir
200
Easment or Right of Way
NA
Paved Surfaces
NA
Trees Over 18 Inches Diameter
NA
'No part of a septic system may cross a property line.
10
10
6
NA
50
100
200
5
5
Minimum 15 Feet Reccomended
REMENTS
6 , `No part of the septic tank'or drainfield-:may be covered without approval from DEH.
TYPICAL SEPTIC TANK
Inlet
1y�
Serylib
opening
ids
J Scum Layer
_________J_
Water Leve!__
n
Ground Surface
Outlet.
Effluent filter may be
required at outlet.
Concrete tanks must be used, where possible. Alternative materials are approved on a site specific basis. The
Department of Environmental Health (DEH)maintains a list of approved septic tanks.
INSPE
DRAINLINE DETAIL 1Gr
overfill to allow
backfill (earth) for settlement
DIVERSION
filter fabric or untreated 12" min.
VALVE building paper
outlet. +: :�1?•���:?.� •.
tight line +;• .,, ;�`ti +, •
4"Perforated pipe
max. scope ti� ,.,ti+�,�,tij, •
2" per 100 feet
:`r.,.•. •. .�:.. `'`''�' 36 mi
6' Min.
SEPTIC < — .: `��„ .•.••: �'..:.; .+ r'.••:.+':
TANK ;�;� ��;�;i ��� it �,��:`��3�� 1 ti:�? ::��I?^ • _
3f4" to 2-1/2" W shed Rock'1$�� ��l
Two drainfields, each 50% of the total size required shall be installed and interconnected with an approved
diversion valve. DEH maintains a list of approved diversion valves. An additional reserve area must be provided
to allow for at least 100% future expansion of the disposal field.
Drainline pipes must be of approved, perforated pipe at least 4 inches in diameter. The tightline from theseptic
tank to the diversion valve must be ABS or schedule 40 PVC joined with glue, cement or elastomeric seal to be
water tight.
The drainline trench bottom must be level, at least 18 inches wide, with 36 inches of rock beneath the drainpipe
and must be no deeper than 8 feet.
7 12-03
DRAINFIELD SYSTEM ON LEVEL LAND
DRAINFIELD SYSTEM ON HILLSIDE OR SLOPING LAND
_ SEPTIC TANK
UNDISTURBED
Earth
Dam
18" Trench
Width
w1:."
Ead View
12 Min.
TEE' 'i " Mid.
36' Min.
' Differing ground Slopes may require
the use of various combinations of
fittings. Distance between draiitlines
iricreases as the slope increases.
8
Note: Popover trust be at least 4"
lower than eeptic tank outlet
Tight
i+ Line
Earth Pilfer
18" Dam Fab*
10' I1in.
12-03
ATTACHMENT 4
ORDINANCE NO. NS -517.85
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
SANTA CLARA AMENDING CHAPTERS IV AND V OF DIVISION B11 OF
THE COUNTY OF SANTA CLARA ORDINANCE CODE RELATING TO
ONSITE WASTEWATER TREATMENT SYSTEMS WITHIN SANTA CLARA
COUNTY
Summary
This Ordinance amends in their entirety Chapters IV and V of
Division B 11 of the County of Sarita Clara Ordinance Code to
establish conformity with standards for the approval,
installation, and operation of onsite wastewater treatment
systems within Santa Clara County, consistent with the
appropriate California Regional Water Quality Control Board
standards and basin plans.
THE BOARD OF,SUPERVISORS OF SANTA CLARA: COUNTY,
CALIFORNIA ORDAINS AS FOLLOWS:
SECTION 1:. Findings.
The Board of Supervisors of Santa Clara County finds and determines that the
modifications to Chapters IV and V of Division B 11 of the County of Santa Clara
Ordinance Code are necessary to comply with new standards and regulations mandated
by the California Regional Water Quality Control Board.
SECTION 2: Article I of Chapter IV of Division B 11 of the County of Santa
Clara Ordinance Code is rescinded in its entirety and a new Article I of Chapter IV of
Division B 11 is hereby added to the County of Santa Clara Ordinance Code to read as
follows:
CHAPTER IV. ONSITE WASTEWATER TREATMENT
ARTICLE 1. GENERAL
Sec. B11-60. Intent and application.
The purpose of this chapter is to establish standards for the approval, installation,
and operation of onsite wastewater treatment systems (OWTS) within Santa Clara
County, consistent with the appropriate California Regional Water Quality Control Board
OWTS Ordinance 1 of 35 rev 09.03.13
standards and basin plans. The standards are adopted to prevent the creation of health
hazards and nuisance conditions and to protect surface and groundwater quality.
OWTS may be considered for the treatment and dispersal of domestic sewage
where a sanitary sewer is not available consistent with the provisions of section B 11-62
of this chapter. No hazardous wastes shall be discharged into any OWTS.
This chapter applies to premises where there is proposed or exists a residence,
place of business or other building or place which people occupy, or where persons
congregate, reside or are employed and where the maximum daily flow volume of waste
produced is ten thousand gallons per day (10,000 gpd) or less.
If the amount of waste produced is more than ten thousand (10,000 gpd) gallons
per day, or where a community system serving multiple discharges under separate
ownership is proposed, the method of treatment and dispersal must be approved by the
appropriate California Regional Water Quality Control Board consistent with the
requirements of section B 11-66 of this chapter. Any proposed OWTS with a projected
daily wastewater flow of more than two thousand five hundred gallons per day (2,500
gpd) will be referred by the director to the appropriate California Regional Water Quality
Control Board for review and will also require the issuance of an operating permit as
provided in section B 11-92 of this chapter.
New divisions of land using OWTS shall be limited to a minimum parcel size of
one acre, or to a minimum parcel size of two and one-half acres if within a reservoir
watershed.
For any subdivision of land, the subdivider must demonstrate that the onsite
wastewater treatment system(s) design and siting is consistent with section B 11-67 of this
chapter.
Sec. B11-61. County not responsible for damage.
The County is not liable or responsible for damage resulting from the defective
construction of any OWTS as herein provided, nor will the County or any official or
employee thereof be liable or responsible by reason of any inspection authorized
hereunder.
Sec. B11-62. Public sanitary sewer; connection to.
Every property where there is proposed a residence, place of business, or other
building or place which people occupy, or where persons congregate, reside, or are
employed, and which abuts a street or alley in which there exists an approved available
sanitary sewer, or which property line is within three hundred feet of an approved
OWTS Ordinance 2 of 35 rev 09.03.13
available sanitary sewer, must be connected to the sanitary sewer in the most direct
manner possible, provided a right-of-way and any necessary approval from the
appropriate sewer authority and the Santa Clara County Local Agency Formation
Commission is first obtained. On property where an OWTS exists, and where such
property abuts a street or alley in which there exists an approved available sanitary sewer
or which property line is within 300 feet of an approved available sanitary sewer,
connection to the available sanitary sewer will be required at the time of system failure or
when the building is remodeled, increased in square footage or altered in a manner as to
change uninhabitable space into habitable space provided any necessary approval from
the appropriate sewer authority and Santa Clara County Local Agency Formation
Commission is first obtained.
Sec. B11-63. Violations.
(a) No person may construct, add to, repair, alter or maintain any OMITS,
sewer pipes or conduits, or any other conduits for the treatment or
discharge of sewage, impure waters, or any matter or substance offensive,
injurious, or dangerous to health so as to cause any of the following to
occur:
(1) Sewage, impure waters, or any matter or substance offensive,
injurious, or dangerous to health to empty, flow, seep, or drain onto
the surface of any land.
(2) Sewage, impure waters, or any matter or substance offensive,
injurious, or dangerous to health to empty, flow, seep, drain into, or
affect any well, spring, stream, river, lake, or other waters.
(3) Result in any condition which, in the opinion of the director, is
unsafe or dangerous, or creates a nuisance.
(b) A violation of this section is hereby declared a public nuisance.
Sec. B11-64. Definitions.
As used in this chapter, the following terms and phrases have the following
meaning:
(a) Alternative OWTS: is a type of OWTS that utilizes either a method of
wastewater treatment other than a conventional septic tank and/or a
method of wastewater dispersal other than a conventional drainfield
trench for the purpose of producing a higher quality wastewater effluent
and improved performance of and siting options for effluent dispersal.
OWTS Ordinance 3 of 35 rev 09.03.13
(b) At -grade: means a type of dispersal system consisting of a gravel
distribution bed placed on top of a tilled, in situ soil absorption area,
which is then covered by a minimum of 12 inches of suitable soil that will
support vegetative growth. Wastewater effluent is applied to the gravel
distribution bed using pressure distribution.
(c) Basin plan: means the same as "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.
(d) Bedrock: means the rock, usually solid, that underlies soil or other
unconsolidated, earthen material.
(e) 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.
(f) Cesspool: means an excavation in the ground receiving domestic
wastewater, designed to retain the organic matter and solids, while
allowing the liquids to seep into the soil. The use of cesspools is not
authorized in Santa Clara County.
(g) Community system: means an OWTS that provides for the collection,
treatment and dispersal of wastewater from multiple discharges under
separate ownership. Community systems are subject to review and
approval of the applicable California Regional Water Quality Control
Board.
(h) Conventional OWTS: is a type of OWTS consisting of a septic tank for
primary treatment of sewage followed by a system of drainfield trenches
for subsurface dispersal of effluent into the soil. A conventional OWTS
may utilize gravity flow or a pump system to convey effluent from the
septic tank to the drainfield.
(i) Cast or embankment: means any altered area of land surface having a
distinctly greater slope than the adjacent natural ground surface, over 24
OWTS Ordinance 4 of 35 rev 09.03.13
inches in vertical height, and any part of which is lower in elevation than
the ground surface at the nearest point of the OWTS. Cuts supported by
retaining walls or similar structures shall be included in this definition, as
shall steep natural ground surfaces where a sharp break in the ground slope
is discernible.
(j) Cumulative impacts: The persistent and/or increasing effect of OWTS
resulting from the density of such discharges in relation to the
assimilative capacity of the local environment. Examples include, but are
not limited to: (a) nitrate or salt additions to ground water or surface
water; and (b) 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.
(k) Dispersal system: means a series of trenches, beds, subsurface drip lines,
or other approved method for subsurface infiltration and absorption of
wastewater effluent, including all component parts, such as piping,
valves, filter material, chambers, dosing pumps, siphons and other
appurtenances.
(1) Domestic wastewater: means wastewater with a measured strength less
then high-strength wastewater and is the type of wastewater normally
discharged from,. or similar to, that discharged. from plumbing fixtures,
appliances and other household devices including, but not limited to
toilets, bathtubs, showers, laundry facilities, dishwashing facilities, and
garbage disposals. Domestic wastewater may include wastewater from
commercial buildings such as office buildings, retail stores, and some
restaurants or from industrial facilities where the domestic wastewater is
segregated from the industrial wastewater. Domestic wastewater does not
include wastewater from industrial processes or recreational vehicle dump
stations.
(m) Drainage swale: means any course of concentrated drainage water that has
formed over time by either natural or man-made forces, and where the
flow of water is either at or near ground surface.
(n) Drainageway: means an unlined channel, with definite bed or banks,
which conveys stormwater runoff and provides surface hydraulic
continuity with either seasonal or perennial streams or water bodies. Also
included in this definition are facilities used for the treatment and/or
dispersal of roof runoff or other site drainage, such as vegetated swales
and infiltration/percolation trenches or basins.
OWTS Ordinance 5 of 35 rev 09.03.13
(o) Drainfield: means a system of rock -filled trenches or beds that distribute
treated sewage effluent for subsurface dispersal into the soil. A drainfield
is also known as a "leachfield" or a "soil absorption system".
(p) Failure: The ineffective treatment and dispersal of waste resulting in the
surfacing of raw or inadequately treated sewage effluent and/or the
degradation of surface or groundwater quality.
(q) Geotechnical report: means a written document used to communicate soil
and geologic site conditions, interpretations, analysis and
recommendations pertinent to the design, installation and operation of an
OWTS in areas of steeply sloping terrain. A primary emphasis of the
geotechnical report is the evaluation of potential slope stability issues that
may be affected by or result in impacts to the operation of the proposed
OWTS. An additional purpose of a geotechnical report may be to provide
site specific recommendations regarding appropriate horizontal setbacks
from cut banks, steep slopes and unstable land masses.
(r) Groundwater: means water below the land surface that is at or above
atmospheric pressure.
(s) 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.
(t) 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. The use of holding tanks
in Santa Clara County is authorized for limited circumstances, including,
but not limited to, for the abatement of health hazards or for certain public
use facilities.
(u) Intermittent sand filter: means a packed -bed filter of medium -grained
sand used to treat septic tank effluent to an advanced level. The sand filter
consists of a lined excavation or structure filled with uniform clean sand,
with an under -drain system at the bottom. The wastewater is dosed to the
surface of the sand through a pressure -distribution network and allowed to
percolate through the sand where biochemical oxygen demand (BOD) is
reduced and suspended solids are removed; treatment is accomplished by
physical filtration as well as microbial growth on the surface of the sand
OWTS Ordinance 6 of 35 rev 09.03.13
grains. After a single pass, the treated water is collected in the under -drain
for further processing or disposal.
(v) Mound: means an OWTS consisting of above -ground sand bed placed
over a tilled, native soil absorption area, on top of which is placed a bed of
gravel for distribution of septic tank effluent, which is then covered by
suitable soil to stabilize the. surface and support vegetative growth.
Effluent is applied to the gravel distribution bed using pressure
distribution.
(w) Onsite Systems Manual: means the document developed, maintained, and
amended by the Santa Clara Department of Environmental Health
containing policy, procedural and technical details for implementation of
this Chapter, as prescribed by the director and approved by the appropriate
California Regional Water Quality Control Boards, as applicable.
(x) Onsite wastewater maintenance provider: means a person capable of
operating, monitoring and maintaining an OWTS in accordance with the
requirements of this Chapter, and possessing minimum experience and
qualifications as established by the director in the Onsite Systems Manual.
(y) Onsite wastewater treatment system (OWTS): means a system of pipes,
tanks, trenches and other components used for the collection, treatment
and subsurface dispersal of domestic wastewater at or near the building or
buildings being served. The short form of the term may be singular or
plural. For the purposes of this Ordinance, OWTS do not include
"graywater" systems pursuant to Health and Safety Code Section
17922.12.
(z) Operating permit: means the administrative document issued by the
director authorizing the initial and/or continued use of an alternative
OWTS in conformance with the provisions of this Ordinance, intended to
aid in verification of the adequacy of alternative OWTS performance, and
that may contain both general and specific conditions of use. An operating
permit may also be issued for circumstances other than alternative OWTS,
such as in connection with holding tank exemptions or where, in the
opinion of the director, the type, size, location or other aspects of a
particular OWTS installation warrant the additional level of oversight
provided by an operating permit.
(aa) Percolation test: means a method of evaluating water absorption of the
soil. The test is conducted with clean water and test results are used in the
design and sizing of the dispersal system.
OWTS Ordinance 7 of 35 rev 09.03.13
(bb) Permeable soil: means soil having a percolation rate of 120 minutes per
inch or faster or having a clay content of less than 60 percent, and shall not
include solid rock formations or those that contain continuous channels,
cracks or fractures.
(cc) Installation permit: means a document issued by the director that conveys
approval of and sets forth applicable conditions for the installation of an
OWTS, or component thereof.
(dd) Portable toilet: means an enclosed unit intended for temporary use at a
given location. Portable toilets can also be known as, but not limited to,
chemical toilets in this chapter.
(ee) Pressure distribution: means a method of wastewater dispersal employing
a pump or automatic dosing siphon and distribution piping consisting of
small diameter plastic pipe with small perforations spaced uniformly along
its length; it is used to achieve equal distribution of wastewater within a
treatment unit (such as a sand filter) or a dispersal field.
(ff) Pressure -dosed sand trench: means an alternative dispersal system
consisting of a variation of a shallow pressure distribution system that
utilizes specially graded sand in place of gravel to backfill the bottom
portion of the dispersal trench, improving the treatment of effluent, and
controlling the percolation rate before it reaches the trench bottom.
(gg) Raised sand filter bed: means an alternative dispersal system consisting of
a raised or terraced sand bed, commonly supported by a low retaining wall
or bulkhead, where the bottom surface is even with or slightly below
ground surface and forms the absorption surface. Used following a
supplemental treatment unit, the raised sand bed provides additional
polishing treatment and final dispersal of water into the ground.
(hh) Recirculating sand filter: means a packed -bed filter of coarse-grained sand
used to treat septic tank effluent to an advanced level. It is a modified
version of an intermittent (single pass) sand filter which includes a
recirculation system that causes the wastewater to pass through the sand
media several times prior to final dispersal, usually controlled by a timer.
(ii) Regional Water Quality Control Board: means the California Regional
Water Quality Control Boards designated by Water Code Section 13200,
which have authority for adopting, implementing and enforcing water
quality control plans (basin plans) which set forth the State's water quality
OWTS Ordinance 8 of 35 rev 09.03.13
standards and the objectives or criteria necessary to protect those
beneficial uses. There are two RWQCBs having jurisdiction over different
parts of Santa Clara County: San Francisco Bay Region (2), and Central
Coast Region (3). Any reference to the Regional Water Quality Control
Board in this Ordinance also refers to an action of its Executive Officer,
including the conducting of public hearings, pursuant to any general or
specific delegation under Water Code Section 13223.
(jj) Registered Septic Tank Pumper: means a person with an active liquid
waste pumper permit issued by the director, per Santa Clara County Code
Division B 11, Chapter X, beginning with section B 11-210, as qualified to
pump and haul septic tank sludge ("septage") and to perform service
inspections of septic tanks and associated components of OWTS as
required in this chapter.
(kk) Sanitary sewer: means a system for collecting residential or municipal
wastewater and directing the collected wastewater to a treatment works
prior to dispersal.
(ll) Septic tank: means a watertight, covered receptacle designed and
constructed for primary treatment to receive the discharge of sewage from
a building sewer, separate solids from the liquid, digest organic matter and
store digested solids through a period of detention, and allow the clarified
liquids to discharge for supplemental treatment and/or final dispersal.
(mm) Shallow pressure -distribution trench: means an alternative dispersal
system which consists of a variation of a conventional gravity drainfield
that uses a pump and small -diameter pressure piping to achieve broad,
uniform distribution of wastewater in the shallow soil zones for improved
soil absorption and enhanced treatment of percolating effluent.
(nn) Site: means the land area occupied, or proposed to be occupied, by the
OWTS, including any designated reserve area.
(oo) Site evaluation: means an assessment of the characteristics of the site
sufficient to determine its suitability for an OWTS to meet the
requirements of this chapter. Site evaluations shall be in accordance with
procedures and criteria established by the director and contained in the
Onsite Systems Manual.
(pp) Soil: means the naturally occurring body of porous mineral and organic
materials on the land surface, which is composed of unconsolidated
OWTS Ordinance 9 of 35 rev 09.03.13
materials, including sand -sized, silt -sized, and clay -sized particles mixed
with varying amounts of larger fragments and organic material.
(qq) 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 8 to 12 inches below
finished grade.
(rr) Supplemental treatment: means a device or system used in an OWTS to
perform additional wastewater treatment functions, beyond primary
treatment, and capable of reliably producing wastewater effluent of
secondary quality or better, prior to discharge to the dispersal system. For
the purposes of this chapter, secondary quality is defined as effluent
meeting 30 -day average concentration limits of 30 mg/L for biochemical
oxygen demand and 30 mg/L for total suspended solids.
(ss) SWRCB OWTS Policy: means the Water Quality Control Plan for Siting,
Design, Operation and Maintenance of Onsite Wastewater Treatment
Systems adopted by the State Water Resources Control Board on June 19,
2012, which became effective May 13, 2013.
(tt) 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.
(uu) Waste discharge requirements (WDR): means an operation and discharge
permit issued for the discharge of waste pursuant to Section 13260 of the
California Water Code.
(vv) Wastewater maintenance provider: means a person capable of inspecting,
monitoring, and maintaining an OWTS in accordance the provisions of
this chapter, and meeting minimum qualifications as established by the
director.
(ww) Watercourse: means a definite 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,
seasonal wetlands and tidal waters.
OWTS Ordinance 10 of 35 rev 09.03.13
SECTION 3: Article II of Chapter IV of Division B 11 of the County of Santa
Clara Ordinance Code is rescinded in its entirety and a new Article II of Chapter IV of
Division B 11 is hereby added to the County of Santa Clara Ordinance Code to read as
follows:
ARTICLE 2. ONSITE WASTEWATER TREATMENT SYSTEMS
Sec. B11-65. Onsite wastewater treatment systems; when used.
(a) Every residence, place of business, or other building, or place where
persons congregate, reside, or are employed, and which cannot be
connected to a sanitary sewer, must be provided with a water flush toilet
connected to an approved OWTS.
(b) Every building, structure, or appurtenance that contains one or more waste
producing fixtures such as toilets, sinks, showers or bathtubs, clothes
washing machines, dish washing machines, animal wash pads, floor drains
or other fixture or fittings intended to drain organic or inorganic waste
material must be connected to an approved OWTS that meets the
requirements of this chapter.
(c) Subject to local zoning restrictions and planning approval, multiple
buildings on the same parcel, such as a main house and detached living
unit or two or more agricultural housing units, may be served by a
common OWTS located on that parcel, provided the OWTS is determined
to have sufficient treatment and dispersal capacity for the expected
wastewater flow from all buildings or facilities connected to the OWTS.
Sec. B11-66. Onsite wastewater treatment systems subject to California Regional
Water Quality Control Board waste discharge requirements; County
permit required; fee.
Review and approval by the applicable California Regional Water Quality Control
Board is required for OWTS in cases where: (a) the peak wastewater flow handled by the
OWTS is more than 10,000 gallons per day; (b) the OWTS is a categorized as a
community system, which serves multiple discharges under separate ownership; or (c) the
California Regional Water Quality Control Board has otherwise determined that their
review and approval is necessary and appropriate for water quality protection. OWTS
that are subject to the requirements and approval of the California Regional Water
Quality Control Board are also required to obtain approval of the director in accordance
with the following:
OWTS Ordinance 11 of 35 rev 09.03.13
(a) The proposed system must be designed to accommodate the waste
discharge consistent with the requirements of the appropriate California
Regional Water Quality Control Board.
(b) The director will require engineered sewerage plans to be submitted by a
registered civil engineer or a registered environmental health specialist
with experience in OWTS design before issuing a permit.
(c) A registered civil engineer, professional geologist or a registered
environmental health specialist will be required to inspect the construction
of the OWTS and, upon completion, to submit a letter of certification to
the director verifying the proper installation and operation of the OWTS;
(d) Site evaluations, plan submittals, design and construction details,
inspection, and operation and maintenance shall be consistent with
guidelines and procedures .prescribed by the director and contained in the
Onsite Systems Manual.
(e) The applicant must obtain a permit(s) from the director and pay a permit
fee(s) in an amount established by resolution of the Board of Supervisors.
Sec. B11-67. Onsite wastewater treatment system, conventional.
(a) Where an OWTS is required it 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 this
chapter and the rules, regulations and guidelines contained in the Onsite
Systems Manual.
(b) OWTS must be installed in accordance with the plans approved by the
director. Any changes in the installation plans must be reviewed and
approved by the director prior to installation.
(c) No person may construct, add to, repair or alter any existing OWTS
without first submitting plans to the director for approval and obtaining a
permit pursuant to the requirements of this chapter.
(d) Two dispersal fields (dual leaching), each one hundred percent of the total
size required by the director, must be installed and interconnected with an
approved flow diversion device, intended to allow alternate use of the two
fields.
OWTS Ordinance 12 of 35 rev 09.03.13
(e) OWTS must be located to be easily accessible for maintenance and repairs.
(f) For all locations. where an OWTS is proposed to be installed, soil profiles,
percolation tests and other exploratory tests, as necessary, shall be
performed to verify adequate depth and permeability of soil and separation
between trench bottom and groundwater. Testing shall be conducted in
accordance with requirements and guidelines prescribed by the director in
the Onsite Systems Manual. Such procedures shall include provisions for
completion of groundwater observations during the wet season, as well as
wet season percolation testing in cases where soils exhibit high shrink -
swell characteristics related to clay content, plasticity and/or structure.
Where the director has been provided adequate evidence to demonstrate
suitable soil conditions and groundwater separation, testing requirements
may be waived.
(g) For new divisions of land, soil profiles, percolation tests and groundwater
determinations will be required on every parcel unless the director
determines, on a case-by-case basis, that such testing is not necessary due
to the availability of sufficient information to demonstrate conformance
with applicable siting criteria for all proposed OWTS locations.
(h) When a geological report is required by the county geologist, it must be
made available to the director.
(i) Approval of any Conventional OWTS shall require compliance with the
following minimum siting criteria:
(1) Soil Depth. Minimum depth of permeable soil beneath the bottom of
the proposed dispersal field shall be 5 feet. Permeable soil is defined
as having a percolation rate of 120 minutes per inch or faster or
having a clay content of less than 60 percent, and shall not include
rock formations that contain continuous channels, cracks or
fractures.
(2) Soil Fill. Maximum depth of soil fill covering any portion of the area
proposed for installation of a dispersal system shall not exceed
twelve inches in depth.
(3) Vertical Groundwater Separation. Minimum required vertical
separation distance between trench bottom and groundwater shall be
determined according to the soil percolation rate as follows:
//
OWTS Ordinance 13 of 35 rev 09.03.13
Percolation
Rate
(Minutes/Inch)
Vertical Distance
(feet)
Less than 1
Not Permitted
1-5
20
6-30
8
31-120
5
More than 120
Not Permitted
(4) Areas of Flooding. OWTS shall not be located in areas subject to
flooding as defined by the limits of the 10 -yr floodplain, determined
or estimated from published floodplain maps or on the basis of
historical evidence acceptable to the director. New OWTS that are
to be located in areas of special flood hazard, as identified in
division C12 of this Ordinance Code, must comply with all relevant
provisions of division C12 of this Ordinance Code.
(5) Ground Slope. Maximum ground slope in the dispersal field area
shall not exceed thirty percent. Additionally, for any site where the
ground slope exceeds twenty percent, approval shall be dependent
upon completion of a geotechnical report as provided in section
B 11-83 of this chapter.
(6) Horizontal Setbacks. Minimum horizontal setback distances from
various site features to OWTS components shall be as follows:
H
H
H
H
H
H
H
H
H
OWTS Ordinance 14 of 35 rev 09.03.13
Site Feature
Minimum Setback Distance
(feet)
To
To
Dispersal Field
Septic Tank
All wells and springs
100
100
Public water supply wells
150
150
Watercourses
• General (from top of bank)
100
100
• Between 1,200 to 2,500 feet from a public water
system intake'
200
100
• Within 1,200 feet from a public water system
intake'
400
100
Reservoirs (from high water mark)
• General
200
200
• Within 1,200 feet from a public water supply
intake'
400
200
Cuts or steep embankments (from top of cut)
4 X h2'3
10 feet
Steep slopes(from break of slope)¢
4 X h2"
10 feet
Unstable land mass
1003
1003
Drainageway/drainage swale (from edge of flow
50
path)
50
Foundation
10
5
Property line
10
10
Septic tanks
6
N/A
Swimming pool
25
25
Road easement, pavement, or driveway
5
5
' For areas tributary to and upstream of water supply intake; setback distance
measured from high water mark. Exceptions allowed per SWRCB OWTS Policy, as
follows: (a) for replacement OWTS, comply to the maximum extent practicable and
incorporate supplemental treatment unless director finds no impact or significant threat to
water source; (b) for new OWTS on pre-existing lot of record (pre -May 13, 2013),
comply to maximum extent practicable and incorporate supplemental treatment for
pathogens per sections 10.8 and 10.10 of SWRCB OWTS Policy as detailed in the Onsite
Systems Manual.
2 h equals the height of cut or embankment, in feet. The required setback distance
shall not be less than twenty five feet nor more than one hundred feet.
3 Setback distance may be reduced in accordance with recommendations provided
in a geotechnical report prepared by a civil engineer or professional geologist consistent
with section B 11-83 and guidelines contained in the Onsite Systems Manual.
OWTS Ordinance 15 of 35 rev 09.03.13
Steep slope is considered to be land with a slope of >50% and distinctly steeper
(at least 20% steeper) than the slope of the adjacent tank or dispersal field area.
(7) Soil Percolation Rate. The average soil percolation rate in the
proposed dispersal field area shall not be faster than one minute per
inch (1 mpi) nor slower than one hundred twenty minutes per inch
(120 mpi), determined in accordance with procedures prescribed by
the director in the Onsite Systems Manual.
(8) OWTS Located on Property Served. OWTS shall be located on the
same property as the building(s) being served.
(j) Upon notice from the director that work on the OWTS is being conducted
in violation of this chapter, or in an unsafe or dangerous manner, the work
must stop immediately. The stop -work order must be in writing and must
be issued to the owner of the property involved by first class U.S. mail. A
copy must also be supplied to the owner's agent, or to the person doing the
work. It must state the conditions under which work may be resumed. .
See. 1311-68. Plans.
The OWTS plans must comply with and contain all information as prescribed by
the director in the Onsite Systems Manual. Any change in the OWTS plans after the
issuance of a permit must first be approved by the director. Failure to obtain approval
from the director will invalidate the permit.
Sec. B11-69. Fees.
Permit fees for OWTS subject to this chapter and all related fees will be an
amount established by resolution of the Board of Supervisors.
Sec. B11-70. State contractor's license required for installation or repair;
registration fee.
(a) No person may install, construct, alter, enlarge, reconstruct, replace,
improve, recondition or repair an OWTS pursuant to this chapter unless:
The person possesses a general engineering contractor's license (class A) as
defined in section 7056 of the Business and Professions Code, or a Class C-
42 sanitation system contractor's. license or Class C-36 plumbing
contractor's license from the Contractors State License Board of the State of
California.
OWTS Ordinance 16 of 35 rev 09.03.13
(b) In the case of a conventional OWTS, the property owner may construct or
repair an OWTS on. his/her own property, which system serves or will serve
the building on the property that is neither being offered for sale nor
intended to be so offered, provided: 1) persons hired by the owner to do the
subject work must comply with section B 11-70(a) ; or 2) persons hired by
the owner must be hired as employees of the owner and the owner must
provide workman's compensation insurance, as required by law; and 3) an
OWTS permit is obtained.
Sec. B11-71. Refusal to issue building permit.
No building permit may be issued for any building requiring a sewage disposal
system that is not to be connected to an approved sanitary sewer unless the applicant has
received written approval of the director for an OWTS.
Sec. B11-72. Refusal to issue certification of occupancy.
(a) No certification of occupancy may be issued for any building that is not
connected to an approved sanitary sewer without written approval of the
director for an OWTS.
(b) No person may occupy or otherwise use any premises or building that has
not been connected to an approved sanitary sewer unless the director has
approved the method of sewage disposal.
Sec. B11-73. Onsite Systems Manual.
(a) Policy, procedural and technical details for implementation of this Chapter
shall be contained in a document titled the Onsite Systems Manual.
(b) The Onsite Systems Manual shall be developed and maintained by the
Department of Environmental Health, and shall provide a reasonable
process for seeking input from the affected public and OWTS practitioners
in connection with its development and when changes are made.
(c) The Onsite Systems Manual and any amendments shall be subject to
approval by the director and by the San Francisco Bay and Central Coast
Regional Water Quality Control Boards in accordance with applicable State
requirements and policies for onsite wastewater treatment.
//
OWTS Ordinance 17 of 35 rev 09.03.13
Sec. B11-74. Cumulative impacts.
Where OWTS may have cumulative impacts on groundwater and/or watershed
conditions due to such factors as the constituent levels (e.g., nitrogen content) in the
wastewater, the volume of wastewater flow, the density of OWTS discharges in a given
area, and/or the sensitivity and beneficial uses of water resources in the discharge area,
the director may require additional technical studies (also termed "cumulative impact
studies") or other information demonstrating to the satisfaction of the director, that use of
the proposed OWTS will not create adverse cumulative effects on water quality, public
health or safety. Cumulative impact studies shall be mandatory for any OWTS with
wastewater flows of 2,500 gpd or more. In all cases, such cumulative impact studies will
be conducted in accordance with the Onsite Systems Manual. The Onsite Systems
Manual guidelines will cover items including, but not limited to, the following: (1)
circumstances requiring cumulative impact assessment; (2) minimum qualifications of
individuals performing the work; (3) data needs and assumptions; (4); analytical methods
and calculations; (5) evaluation methods and criteria; and (6) provision for inclusion of
specific requirements or recommendations of the California Regional Water Quality
Control Board having jurisdiction.
Sec. B11-75. Sewer wells; cesspools; seepage pits.
All sewer wells, cesspools, seepage pits, and similar excavations are hereby
declared a public nuisance and are prohibited.
Sec. B11-76. Holding tanks; portable toilets.
(a) All holding tanks are hereby declared a public nuisance and are prohibited.
Exception to this prohibition may be granted by the director:
(1) If it is necessary to use a holding tank to abate a nuisance or health
hazard caused by a failing OWTS.
(2) For a publicly -owned nonresidential facility necessary for the public
health, safety or welfare, where installation of an OWTS is not
feasible and a holding tank is determined by the director to provide
the safest and most acceptable method of sewage disposal.
Where exceptions are granted and holding tank(s) approved, an operating permit
issued by the director will be required, which will provide for approval of the tank
pumper, maintenance schedule, tank/sewage level monitoring, and reporting
requirements.
OWTS Ordinance 18 of 35 rev 09.03.13
(b) Portable Toilets. Portable toilets are intended to serve non-residential,
limited use activities, such as field labor operations, special events, and
temporary construction sites where connection to a sanitary sewer system
or installation of an OWTS is not practicable. Excluding those activities
covered under California labor and sanitation code requirements, the use. of
portable toilets at a particular location or event shall not exceed three
consecutive days duration unless otherwise exempted by the director. Such
exemption, where approved, may require the issuance of an operating
permit in accordance with section B 11-92 of this chapter, which will
specify the terms and conditions for extended use of the portable toilet(s),
including maintenance in accordance with requirements of section B 11-
227.
Sec. B11-77. Permit and onsite wastewater treatment system plans; new
construction; rebuilding; remodeling.
No person may construct, build, rebuild or remodel any residence, place of
business, or other building or place where persons reside, congregate or are employed
which is not to be connected to an approved sanitary sewer without first submitting plans
of the OWTS to the director for approval and 1) obtaining approval of the proposed
construction, building, rebuilding or remodeling to be served by an existing OWTS, or 2)
obtaining an OWTS installation permit pursuant to this chapter. The approval or permit
cannot be transferred and expires one year after the date of issuance; except that the
director, upon a showing of good cause, may extend the approval or permit for any time
not to exceed one additional year. Failure to obtain an approval or permit from the
director is a violation of this chapter.
The director may revoke a permit or approval issued pursuant to this chapter in
case of any false statement, or misrepresentation of fact in the application or on the plans
on which the permit or approval was based.
Secs. B11-78 — B11-79. Reserved.
Sec. B11-80. Subsurface dispersal systems requirements, conventional OWTS.
(a) The conventional dispersal method approved for use in Santa Clara County
shall be a gravity dispersal trench system, consisting of an 18- to 36 -inch
wide trench, no greater than 8 -feet deep, filled with gravel filter material
and perforated distribution pipe, with the total length determined based on
soil percolation rates and the projected wastewater flow rate of the
building(s) being served. Trench system designs utilizing chambers or
other filter material in place of gravel may be approved by the director and
OWTS Ordinance 19 of 35 rev 09.03.13
addressed with specific criteria in the Onsite Systems Manual as a
conventional dispersal system design option.
(b) Conventional OWTS shall be designed and constructed in accordance with
requirements prescribed by the director in the Onsite Systems Manual.
Sec. B11-81. Construction inspections.
A stamped copy of the building plans for the approved OWTS must be kept
available at the jobsite during system installation and until the system passes final
inspection by the director. Inspections of each new installation must be made to ensure
compliance with all the requirements of this Code and the Onsite Systems Manual.
Requests for inspection must be made at least one business day in advance of the
commencement of work. In the event the director determines there has been an improper
installation, a stop -work order may be posted on the jobsite. Before any further work is
done on a posted system, clearance from the director must be obtained.
Sec. B11-82. Operation and maintenance guidelines.
(a) Operation and maintenance guidelines for each OWTS installation shall be
provided by the designer and/or the installer, with a copy provided to the
director as well as to the system owner.
(b) Final approval of system installation shall be contingent upon confirmation
by the director that required operation and maintenance guidelines have
been provided.
Sec. B11-83. Slope variances and erosion control.
(a) No subsurface dispersal system may be constructed on slopes exceeding
twenty percent. Variances to this slope requirement may be granted by the
director where the applicant can demonstrate, through a geotechnical report
and a complete engineering installation plan prepared by a California -
registered civil engineer or a California- professional geologist who is
certified as an engineering geologist or possesses comparable geotechnical
expertise as determined by the County geologist, that use of a subsurface
dispersal system will not permit sewage effluent to surface, degrade water
quality, create a nuisance, affect soil stability, or present a threat to the
public health or safety. The geotechnical report must include but not be
limited to soil percolation rates, contours, soil depth, seasonal groundwater
elevation(s), location of all existing or proposed ground cuts, rock
formations, soil stability, drainage, and other data as determined by the
director and the County geologist.
OWTS Ordinance 20 of 35 rev 09.03.13
(b) Pressure Distribution and Drip Dispersal Methods. In addition to the
provisions of subsection (a) of this section, any OWTS proposed for
construction on slopes exceeding 30 percent shall require the use of
pressure distribution or drip dispersal methods, which are classified as an
alternative OWTS and shall be designed and permitted in accordance with
applicable provisions contained in Article 3 of this Chapter and in the
Onsite Systems Manual.
(c) Erosion Control. In addition to the provisions of subsections (a) and (b) of
this section, an erosion control plan shall be prepared and implemented for
the following circumstances:
(1) Any alternative or conventional OWTS located on slopes exceeding
20 percent;
(2) Any alternative or conventional OWTS that includes the use of
above -ground fill, regardless of the slope of the terrain;
(3) Any OWTS with a design capacity of greater than 1,000 gallons per
day (gpd); and
(4) Any OWTS which is part of a development project requiring a
grading and/or drainage permit per requirements of the County
grading ordinance, Division C12, Chapter III of the County Code.
The erosion control plan shall incorporate measures consistent with
guidelines and requirements contained in Division C12, Chapter III of the
County Code, and shall be included as a part of the installation plan for the
OWTS.
Final approval of the OWTS installation by the director is contingent upon
confirmation that the specified erosion control measures have been
implemented.
In addition to the above requirements, the director may require
implementation of erosion control measures where, in his or her judgment,
there is found to be a significant threat of sediment discharge to a
drainageway or watercourse as a result of the manner in which the OWTS
was installed.
OWTS Ordinance 21 of 35 rev 09.03.13
Sec. B11-84. Life extending construction.
(a) Major Expansion and/or Major Intensification of Use. Where construction
associated with an existing structure will result in a major expansion of the
structure resulting in greater than five hundred cumulative square feet of all
additions since March 2, 1982 or where the construction will result in a
major intensification of the use of the property, (such as any increase in
number of bedrooms for a residence or any increase in occupancy or
wastewater flow for a commercial building), the OWTS must meet the
minimum prevailing wastewater treatment and dispersal requirements of
this Code.
(b) Minor Expansion. Where construction associated with an existing structure
will result in a minor expansion of the structure resulting in five hundred
cumulative square feet or less of all additions the director shall require the
following:
(1) Conduct an on-site inspection to determine adequacy and safe
functioning of the existing OWTS in accordance with guidelines
prescribed by the director in the Onsite Systems Manual.
(2) Exposure and pumping of the existing septic tank except where the
applicant can document that the tank has been pumped within the
last three years; a receipt for service from a licensed septic tank
pumping firm may be considered sufficient documentation.
(3) Determination of the location of existing dispersal trenches and
identification of area where future dispersal system expansion may
occur; the septic tank file will then be updated.
(4) Improvement and/or expansion of the existing OWTS when, in the
judgment of the director, the system is determined to be inadequate
to accept current and/or projected waste flows. The determinations
are to be made based on size and functioning of the current system,
coupled with slope, soil, hydrological, and related factors. Where
inspection results in a determination that the OWTS is failing, can
reasonably be expected to fail or to contaminate surface waters or
groundwaters, the director will require the replacement or
improvement of the sewage disposal system pursuant to section B 1I-
65 of this Code.
Where improvement and/or expansion of the OWTS is required, but required
repairs cannot be made, the director will disallow the application.
OWTS Ordinance 22 of 35 rev 09.03.13
(c) Remodeling or Repair. Where the existing OWTS does not meet
requirements of this chapter, but is functioning safely and cannot be
improved, construction will be limited to the remodeling or repair (as
defined in the Uniform Building Code) of the existing structure provided:
(1) The construction will not constitute any expansion or intensification
of the use of the property or structure.
(2) Construction will not result in conversion of uninhabitable area(s),
such as a garage, deck, porch,, patio, or similar area(s), to habitable
area(s).
For purposes of implementing this section, the term "intensification of use" means
a change that may place an additional demand on the OWTS of a property. The
magnitude of the intensification (major or minor) will be determined by the director.
The restrictions in this section also apply in the event of accidental or natural
damage to a structure.
For purposes of implementing this section, the terms "remodeling" and "repair"
are as defined in the California Building Code (Chapter 15.05), which is adopted by
reference into the County's building ordinance,
Sec. B11-85. Abatement.
To the extent possible, failing OWTS must be brought into compliance with this
Code. In case of any failure, malfunction or breakdown of any OWTS, if not corrected
within a time designated by the director, the director 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 director may also order the premises to be vacated if no safe
manner of abatement is possible.
Sec. B11-86. Abandoned onsite wastewater treatment systems.
Every OWTS that has been abandoned or has been discontinued from further use
or to which no waste or waste discharge pipe from a plumbing fixture is connected must:
(a) Have the sewage removed from, and disposed of, in an approved manner.
(b) Have the tank top and bottom crushed, backfilled and compacted with
material approved by the director or be removed and disposed of in an
approved manner.
OWTS Ordinance 23 of 35 rev 09.03.13
Completion of the above-described work shall require that the property owner
obtain a septic tank abandonment permit from the director as provided in the Onsite
Systems Manual.
Sec. B11-87. Notice of Violation.
The director may provide a notice of intent to record a notice of violation to the
owner of property upon which a failing or substandard OWTS exists. Notice will be
provided to the property owner by mail at the address shown on the latest assessment roll
or at any other address of the owner known to the director. The notice will also be posted
on the property. The notice will state that within 15 days of the date of the notice, the
property owner may request a meeting with the director to present evidence that a
violation does not exist.
If, within 15 days of the date of the notice, the property owner does not request a
meeting and the violation has not been corrected, or if, after considering the evidence
presented by the property owner at the meeting, the director determines that a code
violation in fact exists, the director may record a notice of violation in the office of the
County Recorder. Upon recording the notice, the director will notify the owner of the
action. The notice is to inform all parties that no improvements, including building
additions, can be approved while the failing or substandard OWTS continues in
operation.
At the request of any affected property owner and upon full payment of any fees
established by resolution of the Board of Supervisors for recovery of associated
enforcement costs and payment of any fee for the recordation of the notice of violation,
the director will issue a notice of expungement of violation upon proof to the director that
the noticed violation has been remedied. The notice of expungement may be recorded by
the property owner at his or her expense.
Sec. B11-88. Appeal from denial, revocation or suspension.
Any appeal to the decision of the director pursuant to this chapter must be made in
writing to the Office of the County Hearing Officer, per Division A28 of Title A of the
County of Santa Clara Ordinance Code, within fifteen days after the decision is received
by the applicant. A copy of the appeal must also be filed with the director. The appeal
must specifically describe the grounds upon which it is taken. The decision issued by the
County Hearing Officer will be final.
H
H
OWTS Ordinance 24 of 35 rev 09.03.13
Sec. B11-89. Septic tank pumping, inspection, and reporting requirements.
(a) Whenever an onsite sewage disposal system is serviced for the purpose of
septic tank pumping, it shall be performed by a registered septic tank
pumper. The pumper shall maintain a valid registration and be in
compliance with all regulatory requirements as set forth in Chapter X:
Liquid Waste Pumpersof this Division. All registered pumpers must
possess sufficient experience in the construction/operation of OWTS.
(b) Septic Tank Pumping. Whenever an OWTS is serviced for the purpose of
septic tank pumping, the following shall occur:
(1) All compartments of the septic tank shall be pumped of all scum and
sludge by a registered septic tank pumper.
(2) The septic tank shall be inspected for signs of damage, deterioration,
corrosion, leakage, blockages, high liquid level or other deficiencies.
(3) Any pumping systems that are part of the OWTS shall be tested for
proper operation and inspected for any deficiencies in the
pump/sump tank, pump unit, piping, valves or control systems.
(4) The dispersal field shall be inspected for indications of system
failure such as flooded trenches, soil saturation or surfacing sewage,
backflow of water into the septic tank, down-slope seepage, erosion
or drainage problems, or other deficiencies.
(c) Report Required. A written report on form(s) provided by the director shall
be completed by the registered septic tank pumper and shall be submitted
to the department and the property owner no later than 30 days following
septic tank pumping. The report shall include:
(1) The name of the property owner, the street address of the property
where the OWTS is located, and the date of servicing.
(2) The name of the septic tank pumper, size of the septic tank(s),
gallons pumped, the name and location of the disposal site and a
description of servicing activities.
(3) A description of any OWTS maintenance performed.
(4) A description of any failure or uncorrected deficiencies in the
OWTS. Reported deficiencies shall include, but not be limited to:
OWTS Ordinance 25 of 35 . rev 09.03.13
deteriorated, corroded or damage septic tank components;
deficiencies in the condition or operation of any pumping systems;
dispersal field problems such as surface failure, flooded trenches,
down-slope seepage, backflow of effluent from the dispersal field
into the septic tank; existence of a cesspool; or other deficiencies.
(d) Notification to Property Owner. Upon being notified of a failure condition
or other uncorrected deficiency in an OWTS, the director will notify the
owner in writing, by hand -delivery or first class U.S. mail, of the needed
corrections required to comply with the applicable standards in this
Chapter.
(e) Action by the Property Owner. Within 60 days of notice of such written
notification, the property owner shall take all corrective actions necessary
to comply with the applicable standards in this chapter, unless otherwise
approved by the director.
SECTION 4: Article III of Chapter IV of Division B 11 of the County of Santa
Clara Ordinance Code is rescinded in its entirety and a new Article III of Chapter IV of
Division B 11 is hereby added to the County of Santa Clara Ordinance Code to read as
follows:
ARTICLE 3. ALTERNATIVE ONSITE WASTEWATER TREATMENT SYSTEMS
Sec.B-11-90. Use of alternative systems.
(a) Alternative OWTS may be permitted by the director for the repair or
upgrading of any existing OWTS and for new construction on any legally -
created parcel where:
(1) it is determined that sewage cannot be disposed of in a sanitary
manner by a conventional septic tank—dispersal field system; or
(2) the director determines that An alternative system would provide
equal or greater protection to public health and the environment than
a conventional septic tank -dispersal field system.
Such alternative OWTS must comply with the specific requirements set forth in
this section and as prescribed by the director in the Onsite Systems Manual.
(b) Types of alternative OWTS permitted shall be limited to those identified
in the Onsite Systems Manual for which siting and design standards have
OWTS Ordinance 26 of 35 rev 09.03.13
been adopted, and which have been approved by the director and the
appropriate California Regional Water Quality Control Board(s).
(c) All alternative systems shall be installed by a contractor duly licensed by
the Contractors State Licensing Board of the State of California to install
OWTS. Where the installation includes a proprietary treatment system,
the contractor shall also possess any required manufacturer certifications,
as applicable.
(d) Notwithstanding any other provisions of this section, the director shall
have the authority to deny and/or require modifications to any alternative
OWTS proposal where, in his/her opinion, such proposal poses an
unacceptable threat to public health and/or water quality.
Sec. B-11-91. Installation permit and review requirements.
(a) Engineering plans and site data for alternative OWTS shall be submitted in
accordance with application procedures prescribed by the director in the
Onsite Systems Manual.
(b) Site evaluations, including soil profile inspection, percolation testing and
groundwater evaluation, shall be conducted in accordance with procedures
in the Onsite Systems Manual.
(c) Engineering plans for alternative OWTS shall be prepared and signed by a
California Registered Civil Engineer, Professional Geologist, or
Registered Environmental Health Specialist who is knowledgeable and
experienced in the field of onsite wastewater treatment and dispersal. The
designer shall also be responsible for inspection of system installation to
assure conformance with approved plans, and shall provide an "As -Built"
drawing of the installation to the director and property owner. The
construction inspection by the designer shall be in addition to standard
County inspection work carried out in accordance with provisions of
section B 11-81 of this chapter and any additional standards in the Onsite
Systems Manual.
(d) Engineering plans will be reviewed by the director and, where warranted,
the director may refer the plans to the applicable California Regional
Water Quality Control Board staff and/or external third -party consultant(s)
for additional review, the costs for which would be the responsibility of
the applicant.
OWTS Ordinance 27 of 35 rev 09.03.13
(e) Installation permits issued for alternative OWTS are subject to the same
expiration and extension time frames as specified in section B 11-77 of this
chapter for conventional systems.
Sec. B-11-92. Operating permits.
(a) In addition to an installation permit, an operating permit is required for all
alternative OWTS, including those installed in connection with the repair
or upgrade of existing OWTS as well as those for new construction.
General requirements pertaining to operating permits are as follows:
(1) The operating permit will be issued by the director following: (a)
completion of construction of the alternative OWTS; (b) satisfactory
compliance with the installation permit requirements; and (c)
payment of applicable fees. Operating permits are non -transferable.
(2) After initial issuance, the operating permit is required to be renewed
periodically, the standard renewal period being one year. The
director may establish conditions allowing the time period between
renewals to be extended for certain types of OWTS based on a
record of favorable performance or other factors warranting a
reduction in system oversight by DEH. Provisions for adjusting the
operating permit renewal period shall be prescribed by the director
in the Onsite Systems Manual. Operating permits must also be
renewed at the time of change in property ownership.
(3) Operating permits are intended to serve as the basis for verifying the
adequacy of alternative OWTS performance and ensuring on-going
maintenance. Permit conditions shall include monitoring and
inspection requirements, permit duration, and other provisions as
prescribed by the director in the Onsite Systems Manual or as
deemed appropriate by the director on a case-by-case basis.
(4) Renewal of an operating permit requires: (a) payment of the
applicable fees, upon receipt of notice from the director; and (b)
submission of the results of required system inspection and
monitoring.
(5) Failure to pay the required fee or submit the specified monitoring
and inspection information, or failure to undertake any required
corrective work specified by the director may be cause for issuance
of a citation, penalty fees, non -renewal and/or revocation of the
operating permit by the director. The director may place a lien on
ZD
OWTS Ordinance 28 of 35 rev 09.03.13
the property for recovery of any associated abatement costs and
unpaid fees.
(6) A certified copy of the following shall be recorded against the
property in the office of the County Recorder of Santa Clara County:
(a) initial operating permit issued for the system; (b) reissuance of
operating permit to new owners; and (c) notices of withdrawal of
any operating permit.
(b) Other uses of operating permits. An operating permit may also be utilized
for circumstances other than alternative OWTS, such as for larger flow
OWTS (>2,500 gpd), in connection with holding tank exemptions or where,
in the opinion of the director, the type, size, location or other aspects of a
particular OWTS installation warrant the additional level of oversight
provided by an operating permit. In such cases, the issuance and scope of
operating permits will be issued in accordance with the general
requirements listed in section B11-92 (a)(1) through (a)(6) above, and any
additional requirements prescribed by the director in the Onsite Systems
Manual for particular circumstances.
Sec. B11-93. Performance monitoring and reporting.
(a) A monitoring program will be established for each alternative OWTS as a
condition of the operating permit at the time of permit issuance, and may be
amended at the time of permit renewal. Said monitoring shall be performed
to ensure that the alternative OWTS is functioning satisfactorily to protect
water quality and public health and safety. The monitoring program will be
in accordance with guidelines in the Onsite Systems Manual and may also
incorporate recommendations of the system designer, manufacturer, or
third -party reviewer.
(b) Monitoring requirements will vary depending upon the specific type of
alternative OWTS in accordance with guidelines in the Onsite Systems
Manual.
(c) The required frequency of monitoring will be in accordance with guidelines
in the Onsite Systems Manual. Monitoring frequency may be increased if,
in the opinion of the director, system problems are experienced.
(d) Monitoring of alternative OWTS shall be conducted by or under the
supervision of one of the following:
(1) Registered Civil Engineer;
OWTS Ordinance 29 of 35 rev 09.03.13
(2) Professional Geologist;
(3) Registered Environmental Health Specialist; or
(4) Other onsite wastewater maintenance provider registered with the
Department of Environmental Health and meeting qualifications as
established in the Onsite Systems Manual. Registration shall entail:
(a) documentation of required qualifications; (b) participation in
annual training/review conducted by the director; and (c) payment of
an annual fee established by the Board of Supervisors.
Additionally, the director may require third -party or County monitoring of
any alternative OWTS where deemed necessary because of special
circumstances, such as the complexity of the system or the sensitive nature
of the site. The costs for such additional monitoring would be the
responsibility of the owner. inspection and
(e) Monitoring results shall be submitted to the director in accordance with
reporting guidelines provided in the Onsite Systems Manual. The
monitoring report shall be signed by the party responsible for the
monitoring. Notwithstanding formal monitoring reports, the director shall
be notified immediately of any system problems observed during system
inspection and monitoring that threaten public health or water quality.
(f) In addition to regular inspection and monitoring activities, post -seismic
inspection and evaluation of alternative OWTS located in high-risk
seismic areas will be required in the event of an earthquake causing
significant ground shaking in the region, as determined by the director in
consultation with the County geologist. The director will be responsible
for issuing appropriate notices when such inspections are required; those
conducting the inspections will be required to report the inspection results
to the director. The purpose of such inspections will be to assess and
document any damage to the OWTS and to implement corrective
measures, as needed, in a timely manner. Post -seismic inspection shall be
in accordance with requirements prescribed by the director, in consultation
with the County geologist, and contained in the Onsite Systems Manual.
(g) The director will, from time -to -time, compile and review monitoring and
inspection results for alternative OWTS and, at least every two years, will
provide a summary of results to the San Francisco Bay and Central Coast
Regional Water Quality Control Boards. Based on this review, the
director may require corrective action for specific properties or certain
OWTS Ordinance 30 of 35 rev 09.03.13
types of alternative OWTS, or general changes in monitoring and
inspection requirements.
Sec. B11-94. Types of alternative systems permitted.
(a) Alternative Treatment Systems. Alternative treatment systems may be used
to produce higher quality of wastewater effluent beyond that provided by a
conventional septic tank and improve the performance of and siting options
for the dispersal system. The following alternative treatment systems (also
termed "supplemental" treatment) may be approved for use in Santa Clara
County subject to compliance with the siting and design criteria specified in
this section and the Onsite Systems Manual:
(1) Intermittent and recirculating sand filters;
(2) Proprietary treatment units that provide secondary or better effluent
quality; or
(3) Other alternative treatment systems approved by the director and the
appropriate California Regional Water Quality Control Board(s).
(b) Alternative Dispersal Systems. The following alternative dispersal systems
may be proposed for use in Santa Clara County subject to compliance with
the siting and design criteria in the Onsite Systems Manual:
(1) Shallow pressure distribution trench;
(2) Mound;
(3) At -grade;
(4) Pressure -dosed sand trench;
(5) Raised sand filter bed;
(6) Subsurface drip dispersal; or,
(7) Other alternative dispersal systems approved by the director and
appropriate California Regional Water Quality Control Board(s).
//
OWTS Ordinance 31 of 35 rev 09.03.13
Sec. B11-95. Siting criteria; design and construction requirements.
All requirements specified in section B 11-67 of this chapter for conventional
OWTS also apply to alternative OWTS, except as specified below. Design and
construction of alternative OWTS shall be in conformance with requirements in the
Onsite Systems Manual.
(a) Horizontal Setbacks. Horizontal setback requirements for alternative
treatment systems are the same as those specified in this section B 11-67 of
this chapter for septic tanks. Horizontal setback requirements for
alternative dispersal systems are the same as those specified in section B 11-
67 of this chapter for conventional dispersal systems.
(b) Areas of Flooding. Alternative OWTS shall not be located in areas subject
to flooding as defined by the limits of the 10 -yr floodplain, determined or
estimated from published floodplain maps or on the basis of historical
evidence acceptable to the director. Alternative OWTS shall be located and
designed to avoid contamination of or damage from inundation by
floodwaters during a 100 -year flood event. As appropriate, such measures
shall include: 1) protecting OWTS supplemental treatment, pressure
distribution and/or drip dispersal components from flood damage using
structural tie -downs and/or elevating critical components above the 100 -
year flood level; 2) preventing discharge of wastewater into flooded
dispersal areas from pump systems (e.g., using flood -activated float
switches to override/disable pump operation during high water conditions);
and 3) providing additional emergency storage capacity for flood periods.
(c) Ground Slope. Maximum ground slope for different types of alternative
wastewater dispersal systems are as follows:
Maximum Ground Slone for Alternative Wastewater Disnersal .Svstemsl
Type of Disposal System
20%
30%
40%
50%
• Mound,
X
• At -Grade
o Raised Sand Filter Bed
X
• Shallow Pressure Distribution
X
• Pressure -dosed Sand Trench
• Subsurface Drip Dispersal
FX
Related Requirements: Any disposal system located on a slope greater than 20
percent shall require the completion and approval of a geotechnical report per
section B 11-83 of this chapter.
OWTS Ordinance 32 of 35 rev 09.03.13
(d) Vertical Separation to Groundwater. Where alternative OWTS are used,
minimum vertical separation distance to groundwater, measured from the
bottom of the dispersal system to the seasonal high water table, maybe
reduced from the requirements that apply to .conventional OWTS (per
section B 11-67 of this chapter), as specified in the table below. Design
requirements for alternative OWTS in the Onsite. Systems Manual may
impose additional restrictions on permissible groundwater separation
distances based on system size (i.e., volume of wastewater flow) or for
particular site conditions or geographic locations.
Minimum Vertical Separation Distance to Ground Water for Alternative OWTS
(feet)'
1 Measured from the bottom of the dispersal system to the seasonal high water table.
(e) Soil Depth. Minimum depth of permeable soil beneath the bottom of the
dispersal field shall be as specified in the table below for different types of
alternative OWTS. Permeable soil is defined as having a percolation rate
of 120 minutes per inch or faster or having a clay content of less than 60
percent, and shall not include solid rock formations or those that contain
continuous channels, cracks or fractures. Design requirements for
alternative OWTS prescribed in the Onsite Systems Manual may impose
OWTS Ordinance 33 of 35 rev 09..03.13
Percolation
Vertical
Rate
Separation to
Type of OWTS
(MPI)
Groundwater
(feet)'
2'
3'
5'
8'
• Conventional Trench w/ Supplemental
1-5
X
Treatment
6-30
X
31-120
X
• Shallow Pressure Distribution (PD)
1-5
X
• At -Grade
6-120
X
• Shallow PD w/Supplemental
Treatment
• At -Grade w/Supplemental. Treatment
• Mound
1-5
X
• Pressure -dosed Sand Trench (PDST)
6-120
X
• Raised Sand Filter Bed
• Subsurface Drip Dispersal
w/Supplemental Treatment
• Raised Sand Filter Bed,
1-5
X
w/Supplemental Treatment & Drip
6-120
X
Dispersal
1 Measured from the bottom of the dispersal system to the seasonal high water table.
(e) Soil Depth. Minimum depth of permeable soil beneath the bottom of the
dispersal field shall be as specified in the table below for different types of
alternative OWTS. Permeable soil is defined as having a percolation rate
of 120 minutes per inch or faster or having a clay content of less than 60
percent, and shall not include solid rock formations or those that contain
continuous channels, cracks or fractures. Design requirements for
alternative OWTS prescribed in the Onsite Systems Manual may impose
OWTS Ordinance 33 of 35 rev 09..03.13
additional soil depth requirements based on system size (i.e., volume of
wastewater flow) or for particular site conditions or geographic locations.
Minimum Soil Depth Beneath Alternative OWTS (feet)'
1 Measured from the bottom of the dispersal trench, bed or piping (drip dispersal only).
Secs. B11-96 — B11-99. Reserved.
Section 5: Chapter V of Division B 11 of the County of Santa Clara Ordinance
Code is rescinded in its entirety and a new Chapter V of Division B 11 is hereby added to
the County of Santa Clara Ordinance Code to read as follows:
CHAPTER V. INSPECTION REPORTS OF ONSITE WASTEWATER
TREATMENT SYSTEMS
Sec. B11-100. Application; limited inspection.
(a) Any person may apply to the department, on forms approved by the
director, for an inspection report of the OWTS located on the applicant's
property in the county.
(b) The agency will only inspect the OWTS for obvious deficiencies.
Sec. B11-101. Inspection fee.
The application must be accompanied by a nonrefundable inspection fee in an
amount established by resolution of the Board of Supervisors.
OWTS Ordinance 34 of 35 rev 09.03.13
Minimum Soil Depth
Type of OWTS
(feet)'
2'
3'
• Conventional Trench w/ Supplemental Treatment
• Shallow Pressure Distribution Trench (Pb)
X
• At -Grade
• Shallow PD w/Supplemental Treatment
• At -Grade w/Supplemental Treatment
Mound
• Raised Sand Filter Bed (Open Bottom Sand Filter)
• Subsurface Drip Disposal w/Supplemental
X
Treatment
• Raised Sand. Filter Bed, WSupplemental Treatment
& Drip Dispersal,
1 Measured from the bottom of the dispersal trench, bed or piping (drip dispersal only).
Secs. B11-96 — B11-99. Reserved.
Section 5: Chapter V of Division B 11 of the County of Santa Clara Ordinance
Code is rescinded in its entirety and a new Chapter V of Division B 11 is hereby added to
the County of Santa Clara Ordinance Code to read as follows:
CHAPTER V. INSPECTION REPORTS OF ONSITE WASTEWATER
TREATMENT SYSTEMS
Sec. B11-100. Application; limited inspection.
(a) Any person may apply to the department, on forms approved by the
director, for an inspection report of the OWTS located on the applicant's
property in the county.
(b) The agency will only inspect the OWTS for obvious deficiencies.
Sec. B11-101. Inspection fee.
The application must be accompanied by a nonrefundable inspection fee in an
amount established by resolution of the Board of Supervisors.
OWTS Ordinance 34 of 35 rev 09.03.13
Sec. B11-102. County not liable for damage and does not warrant.
The county, its officers, agents and employees assume no liability to the applicant
or anyone else relying on the report issued hereunder for damage to persons or property
caused by or arising from the inaccuracy of the report and/or undetection of sewage
disposal problems; nor does the county make any warranty or guarantee of any kind to
anyone, express or implied, regarding the condition and/or quality of the OWTS.
Secs. B11-103 — B11-109. Reserved.
PASSED AND ADOPTED by the Board of Supervisors of the County of Santa
Clara, State of California; on
F.Va-M
NOES:
ABSTAIN:
ABSENT:
by the following vote:
Ken Yeager, President
Board of Supervisors
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of Supervisors
ATTEST:
Lynn Regadanz
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Mark Bernal
Deputy County Counsel
OWTS Ordinance 35 of 35 rev 09.03.13
ATTACHMENT 5
SANTA CLARA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH ONSITE
SYSTEMS MANUAL, SEPTEMBER 2013.
A hard copy of this report is available for review at Town Hall. Additionally, the document
may be viewed on the Town's website at the following location:
http://www.losaltoshills.ca. og v/city-government/planning-commissionlrel)orts
ATTACHMENT 6
Adopted May 8, 2008
Policy 4.4 A systematic program for the undergrounding of all existing
overhead lines shall be developed and implemented.
Policy 4.5 All new residences and major additions shall be served by sanitary
sewer trunk lines or other disposal systems meeting adequate health
standards. Connection to sanitary sewer systems shall be required if
available facilities are within 200 feet.
Policy 4.6 The Town shall coordinate with the City of Los Altos and the City of
Palo Alto in the provision of sewer services to residents of Los Altos
Hills.
Policy 4.7 New wireless communication facilities shall preferably be located on
Town property or other public or institutional sites such as schools
and religious facilities.
Policy 4.8 The co -location of wireless communication facilities with other
facilities shall be encouraged to the maximum extent feasible.
Policy 4.9 Wireless communication facilities shall be adequately screened by
landscaping in order to minimize any visual impacts.
Program 4.1 Prepare, adopt and implement an annual Capital Improvements Program
supporting policies do the General Plan to maintain, improve or_ expand
public utilities and infrastructure.
Program 4.2 Continue to require the payment of fees such as road impact fees; sewer
hook-up fees,- and storm drainage fees for the costs of providin&,and
maintaining public utilities and infrastructure that serves new
development. ,
Program 4.3 In coordination with the Santa Clara Valley Urban Runoff Pollution
Prevention Program, continue to implement measures consistent with the
Santa Clara Countywide NPDES Stormwater Permit.
Program 4.4 Continue to implement the Town's policies and siting criteria for
wireless communications facilities, and review and update them as
needed.
Land Use Element
Los Altos Hills General Plan
Page LU -21
ATTACHMENT 7
Comparison of Los Altos Hills Private Septic Systems Municipal Code &
New Santa Clara County Onsite Wastewater Treatment Ordinance
3/20/13
6-4.112 Private Systems — New Construction
No change — see Onsite Site Systems Manual
Minimum System: Two compartment tank with
page 10.
1500 gallon capacity
Disposal field: 2 fields each '/z of total with
Section 1311-67 (d)
100% expansion (with diversion valve)
2 dispersal fields (dual leaching), each 100%
of the total size required, installed & .
interconnected with a diversion valve/device to
allow alternate use of the two fields
Sizing of leachfield — Percolation Rates
Section 1311-67 (i) (8)
<60 mpi = 400 ft
The average soil percolation rate in the
60-90 mpi = 600 feet
proposed dispersal field area shall not be
90-120 mpi = 800 feet
faster than one minute per inch nor slower
>120 mpi = approved only if lot size >3 acres
than 120 minutes per inch.
Note: These percolation rates are consistent
with the Basin Plans for both SFRWQCB and
CCRWQCB. Both Basin Plans do not allow
_
septic systems to be designed in soils <9 mpi
or >120 mpi.
Diversion valve turned every 6 months
Diversion valve turned every 6 to 12 months
Onsite S stems Manual, page 13
Alternate Systems shall be considered by the
Sec. B-11-90
Health Officer upon request of the applicant
"Alternative OWTS may be. permitted by the
director..."
Types of alternative OWTS permitted .shall be
limited to those identified in the Onsite
Systems Manual.
6-4.113 Private Systems — Existing — Failing —
Sec. 1311-85
Repairs Required
"to the extent possible, failing OWTS must be
`to bring about correction of the failure or
brought into compliance with this Code."
elimination of the imminent failure'
Alterations to system may include addition of a
Sec. B11-90
filter preceding the disposal field and/or
alternative OWTS may be permitted by the
additional: leaching lines, with diversion box, or
director for the repair or upgrading of existing
dosing tank with pump (dose/rest cycle).
OWTS'
Details are in the Onsite Systems Manual
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,..'a-.. .:_ ...... ...,. .::.-. rte.. _.M.b. .1a�e ', c+sY-,..i5� �a..z.. _ _ ,n Yk4
6-4.114.Private Systems — Existing — Failing —
There is no provision in the.new OWTS
Reports
ordinance for DEH to report septic system
All septic. system failures shall be reported
failures to the town of Los Altos Hills. If the
within 10 days of their occurrence to the Town
town of Los Altos Hills wants all septic system
failures to be reported to them, perhaps it can
be in the MOU with the City.
6-4.115 Private Systems — Subsurface
Sec. 1311-68 .
3/20/13
drainage
OWTS plans must comply with and contain all
"submit a report showing the nature & extent
information as prescribed by the director in the
of the subsurface water movement and the
Onsite Systems Manual. The Manua[states
method of draining," report to be prepared by a
all plans must be on a grading and drainage
registered Civil Engineer
plan submitted by a Registered Civil Engineer.
There are also provisions in the Manual for
wet weather testing for seasonal high
groundwater.
6-4.116 Private Systems — Leaching Sumps —
Sec B11-76
Depth
Holding tanks and cesspools are considered a
A leaching sump exceeding 6 feet in depth is
public health nuisance and are not allowed.
unlawful without approval from SF RWQCB
There are no provisions in the ordinance for a
leaching sump exceeding 6 feet in depth.
Design standards for OWTS with pumps are in
the Onsite Systems Manual.
6-4.117 Private Systems — Pumping
Sec. B11-89 is a newprovisionin the
- Required minimum every 4 years
ordinance for septic tank pumping, inspection,
- License required from City Clerk, fees
and reporting.
required, valid for one year
The Onsite Systems Manual states septic tank
- Send pumpers reports to Health Officer
pumping for residential facilities should be
every 3-5 years.
Licenses and oversight for septic pumpers is
done by the DEH Solid Waste Division.
6-4.118 Private Systems — Inspections
Sec. B-11-92 provides provisions for
Septic systems with a pump, siphon, or
Operating Permits for alternative OWTS.
diversion box must be inspected by the
Operation & Maintenance agreements are
homeowner
required for OWTS systems and are to be
performed by a qualified professional
determined by the manufacturer of the OWTS. .
Annual inspections are typically required.
6-4.119 Private Systems — New Construction -
Section 1311-68
Septic Tank Permits
No change.
- Obtain permit for repairs & new
construction
- Submit plans to Health Officer
- Plans prepared by registered Civil
Engineer
- Valid for one year
6-4.120 Private Systems — Existing — Repairs
Sec. B11-77
— Septic Tank Permits
No change.
- Submit plans & obtain permit
- Applications include plot plan,
drainage, etc prepared by Civil
Engineer
3/20/13
- Health Officer to issue permit
,siFL "..)"'��5€'..a. :s tl1.Ld. of .�..w �..C�ii4..oY.�.i1._ sw'.is
e.'P»da.yte-a•.-r�.v.,�... .:3t'.%t -.E .M..'s`�' .{ u- .���F+a� 'L �... �Js.
6-4.121 Private Systems — Plans — Review _�
Sec. 811-77/S.ec. B11-81
Inspections
DEH reviews & approves plans, conducts
- City Engineer reviews all plans, make
construction inspections.
site inspections, reports determinations
to Health Officer
- City Engineer or Health Officer
conducts construction: inspections
l,1133��r�ow+:,�WfixsL+K.t`J'.i'.�`x�a
�` Y
� �� ff lE`rd ���a1�17u..,_•sa ... ,.:.i'
o-'k'w'S'4w �5��,`� 4s-XY.a..'sd :.:fib-::.iRsL�W
6-4.122 Private Systems — Fee — Inspections
Sec. B-11.69
- Filing fee to Town
Permit fees for OWTS and all related fees will
- Permit fee paid to DEH
bean amount established by resolution of the
- Fees paid to DEH for plan reviews for
Board of Supervisors.
new swimming pools, accessory
Otherwise, no change.
structures, etc
- Additional costs for additional
inspections/tests to be paid by
applicant .
Construction Standards for Leach Field
Sec. B11-73
Trenches (Bulletin A for LAH)
Policy, procedural and technical details for
- 18' inches wide
implementation shall be contained in the
- 36 inches rock, 4 inches over pipe
Onsite Systems Manual.
- Maximum depth is 8 -feet
Sec. 1311-80
Conventional dispersal method shall be a
gravity dispersal trench system, consisting of
an 18- to 36 -inch wide trench, no greater than
8 feet deep, filled with gravel filler material and
perforated distribution pipe.
Sewer Connection Requirements
Sec 1311-62
On property where an OWTS exists, and
- Bulletin A: Permits will only be issued
where such property abuts a street or alley in
in the Town of Los Altos Hills where a
where there exists an approved sanitary sewer
sanitary sewer is not available within
or which property line is within 300 ft of an
200 feet of the building
approved sanitary sewer, connection to the
- Town of LAH: Requirement to connect
available sanitary sewer will be required at the
to municipal sewer if the building
time. of system failure or when the building
addition exceeds 900 sf.
is remodeled, increased in square: footage
or altered in a manner as to change
uninhabitable space into habitable space
provided any necessary approval from the
appropriate sewer authority and Santa Clara
County Local Agency Formation Commission
is first obtained.
3/20/13