HomeMy WebLinkAbout4.4ITEM 4.4
TOWN OF LOS ALTOS HILLS February 6, 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 (CONTINUED FROM JANUARY 9, 2014)
FROM: Debbie Pedro, AICP, Community Development Director
eV
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
On January 9, 2014, the Planning Commission reviewed the proposed amendments to the
Town's Sewage Disposal Ordinance and directed staff to return with additional
information on the following items:
1. AB885 as it relates to sewer connection requirements
- 2. Status of sewer capacity in Los Altos Hills
1. Assembly Bill 885
Approved by the Governor on September 27, 2000, AB885 amended California Water
Code section 13290, which required the State Water Board_ to develop statewide
standards for permitting and operation of OWTS.
Per AB885, the State Water Resources Control Board (RWQCB) developed a Water
Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite
Wastewater Treatment Systems. The Policy was adopted on June 19, 2012 and
established a statewide, risk-based, tiered approach for the regulation and management --of
OWTS .installations and replacements and sets the level of performance and protection
expected from OWTS.
As the permitting agency for OWTS in Santa Clara County, the County Department of
i Environmental Health (DEH) had to comply with the new standards and regulations
mandated by RWQCB. 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.
i
Staff report to the Planning Commission
Sewage Disposal Ordinance Update
February 6, 2014
Page 2
The Town's Sewage Disposal Ordinance was originally adopted by the City Council on
June 3, 1968. Per the Ordinance, the Town defers to DEH for regulation of septic
systems. Since the County has updated their OWTS ordinance, the Town ordinance also
has to be updated to'reference the newly revised Santa Clara County OWTS regulations.
The draft ordinance presented to the Planning Commission on January 9, 2014 included a
local amendment to the County requirement for sewer connection which states:
6-4.102 Public Sewers -Connections required when available -Exceptions
"All new residences and maior additions shall be connected to an approved
public sewer when such sewer is within 200 eet of the property line, except when
the elevation of the existing sewer main does not facilitate gravity floti,, subject to
the approval of the City Engineer and Health Officer. "
The Commission requested further clarification on State, County, and local regulations
regarding when a connection to the public sewer system is required. Specifically, the
proposed local amendments concerning distance (200'), development triggers (new
residences/major addition), and exceptions (gravity flow).
Distance from Public Sewer Line (200' vs. 300') .
AB885 required the State Water Board to develop statewide standards or regulations for
OWTS. The Bill does not contain OWTS design standards nor does it specify a distance
between a property and . the nearest sewer line for sewer connection requirements.
(Attachment 2)
The OWTS policy developed by the -RWQCB established statewide regulations and
management of OWTS. (Attachments 3 and 4) Sewer connection requirements are
addressed in Section 9.4.9 of the policy.
9.4.9 Installation of new or replacement OWTS where public sewer is available.
The public sewer may be considered as not available when such public sewer or
any building or exterior drainage facility connected thereto is located more. than
200 feet from any proposed building or exterior drainage facility on any lot or
premises that abuts and is served by such public sewer. This provision does not
apply to replacement OWTS where the connection fees and construction cost are
greater than twice the total cost of the replacement OWTS and the local agency
determines that the discharge from the OWTS will not affect groundwater or
surface water to a degree that makes it unfit for drinking or other uses.
The OWTS policy is consistent with the Town's General Plan Land Use Element
Policy 4.5 (Attachment 5) as well as 2013 California Plumbing Code Section 713.4
which sets 200 feet as the standard for considering where sewer is available to a property.
(Attachment 6)
2
Staff report to the Planning Commission
Sewage Disposal Ordinance Update
February 6, 2014
Page 3
Section 713.4 Public Sewer Availability
The public sewer shall be permitted to be considered as not being available where
such public sewer or a building or an exterior drainage facility connected thereto
is located more than, 200 feet (60960mm) from a proposed building or exterior
drainage facility on a lot or premises that abuts and is served by such public
sewer.
According to RWQCB, local agencies my adopt standards that deviate from State OWTS
policies to address local conditions as long as the amendments are more restrictive.
Historically, the . Santa Clara County Ordinance has required properties in
unincorporated areas to connect to the sewer system when it is within 300' of the
property line. This is a policy set by the County Board of Supervisors and does not apply
to the Town.
Development triggers (Remodels, Additions, New. Residences)
As noted above, AB885 does not contain any requirements for when sewer connection
would be required for a property.
Section 9.4.9 of the RWQCB OWTS policy does not specify when a connection is
required other than system failure. The section, however, does provide anexception to
the sewer connection requirement:
9.49 Installation of new or replacement OWTS (is not authorized) where public.
sewer is available. The public sewer may be considered as not available when
such public sewer or any building or exterior drainage facility connected thereto
is located. more than 200 feet from any proposed building or exterior drainage
facility on any lot or.premises that abuts and is served by such public sewer. This
provision does not apply to replacement OWTS where the connection fees and
construction cost are greater than twice the total cost of the replacement OWTS
and the local agency determines that the discharge from the OWTS will not affect
groundwater or surface water to a degree that makes it unfit for drinking or other
uses.
Santa Clara County ordinance Sec. Bll-62 requires connection to the public sewer
"when the building is remodeled, increased in square footage or altered in a manner as to
change uninhabitable space into habitable space". - —
Per policy 4.5 of the Los Altos Hills General Plan Land Use Element, all new residences
and major additions to connect to the public sewer system if it is available within 200' of
the property line. This requirement is consistent with the scope of project that triggers
other development conditions such as right of way and pathways dedications. Staff has
confirmed with both County and RWQCB staff that this local amendment is acceptable.
3
Staff report to the Planning Commission
Sewage Disposal Ordinance Update
February 6, 2014
Page 4
Exceptions (Gravity Flow)
AB885 does not contain any specific guidelines for granting exceptions to required sewer
connection. The RWQCB OWTS policy has provisions in section 9.49 to allow
exceptions where "the connection fees and construction cost are greater than twice the
total cost of the replacement OWTS". The Santa Clara County ordinance does not
appear to contain an exception clause to the sewer connection requirement.
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 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.
To be consistentwith the RWQCB OWTS policy, it is recommended that Section 6-
4.102 of the Town ordinance be amended as follows:
6-4.102 Public Sewers=Connections required when available -Exceptions
All new residences and major additions shall be connected to an approved public
sewer when such sewer is within 200 feet of the property line, except when
where the
connection fees and construction cost are greater than twice the total cost of the
replacement OWTS and the local agency determines that the discharge from the
OWTS will not affect groundwater or surface water to a .degree that makes it
unfit for drinking or other uses, subject to the approval of the City Engineer and
Health Officer.
2. Status of Sewer Capacity in Los Altos Hills
In 2007, the Town entered into an agreement with the City of Los Altos for
transportation, treatment, and disposal of sewage which allows a maximum discharge
volume of 33.9,900 gallons per day into the City's sewer system. The flow meters
4
Staff report to the Planning Commission
Sewage Disposal Ordinance Update
February 6, 2014
Page 5
installed by the City to measure the Town's flow still have not been functioning properly
so there is no data at this time.
Using an assumption of 300 gallons per day per connection, the total discharge of
connected properties is currently about 250,000 gallons per day. Under that assumption
there are approximately 300 connections remaining before the Town would reach the
maximum capacity. In 2014, approximately 1,195 properties in the Town are still
utilizing septic systems, the majority of which are located within the Los Altos Sewer
Basin. Based on Town records, the average number of sewer connections in a typical year
is 15. At that rate, it is estimated that the Town will reach its maximum capacity in 15 to
20 years unless a new contract is negotiated with the Los Altos.
Additional background information regarding this project can be found in the January 9,
2014 Planning Commission Staff Report (Attachment 7)
ATTACHMENTS
1. Proposed Ordinance Amendments
2. Assembly Bill No. 885
3. Fact Sheet, Regional Water Quality Control Board OWTS Policy
4. Regional Water Quality Control Board OWTS Policy dated June 19, 2012
5. General Plan Land Use Element Policy 4.5, adopted by the City Council on May 8, 2008
6. Section 713.4 of the 2013 California Plumbing Code
7. Planning Commission staff report dated January 9, 2014
5
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
systom
l„ ated
> lavatories, dishwashers,
is or her assistants.
Health Officer, his or her assistants, or
ers of the Town.
Town standards means those standards relating to individual sewage disposal
system design, construction, and/or maintenance described in Chapters IV and V of
Division B11 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 the Town as approved by the Health Offleer- and adopted by r-eselutieff
6-4.102 Section Public sewers—Connections required when available—Exceptions.
Section B11-62 of the Santa Clara County Ordinance Code is amended to
read as follows:
All new residences and major additions shall be connected to an approved public
sewer when such sewer is within 200 feet of the property line, except ,:,hon the elev do
e f the existing- se om—ain does not f edit„+o ,m V..., ere the connection fees
and construction cost are greater than twice the tobif., 'st of the replacement OWTS
and the local agency determines that the dischaikf'.,from;the OWTS will not affect
groundwater or surface water to a degree that �f takes it,,` t for drinking or other
uses, subject to the approval of the City Engineer' and Health Off cer:
R'1s511IMMMM
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endi%=a wye-branch connecting to the house drain. The
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building or place where persons
mected to a public .sewer system shall
system. Such sewage disposal system shall be
zcted, repaired, and maintained in such a
chapter and in accordance with the Town
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system. Such sewage disposal system shall be
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which are failing or
ng private sewage disposal systems
nent and where a public sewer is not
i such system upon the order of the
shall be such as may bring about
6-4.1064 Private 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)
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Assembly Bill No. 885
CHAPTER 781
ATTACHMENT 2
An act to add Chapter 4.5 (commencing with Section 13290) to
Division 7 of the Water Code, relating to water.
[Approved by Governor September 27, 2000. Filed
with Secretary of State September 27, 2000.]
LEGISLATIVE COUNSEL'S DIGEST
AB 885, Jackson. Onsite sewage treatment systems.
Existing law authorizes a California regional water quality control
board to prohibit, under specified circumstances, the discharge of
waste from individual disposal systems or community collection and
disposal systems that use subsurface disposal.
This bill would require the State Water Resources Control Board,
on or before January 1, 2004, and in consultation with the State
Department of Health Services, the California Coastal Commission,
the California Conference of Directors of Environmental Health,
counties, cities, and other interested parties, to adopt, specified
regulations or standards for the permitting and operation of
prescribed onsite sewage treatment systems that meet certain
requirements.
The bill would require each regional board to incorporate the state
board's regulations or standards into the appropriate regional water
quality control plans.
The bill would make a statement of legislative intent relating to
assistance to private property owners with onsite sewage treatment
systems.
The people of the State of California do enact as follows:
SECTION 1. Chapter 4.5 (commencing with Section 13290) is
added to Division 7 of the Water Code, to read:
CHAPTER 4.5. ONSITE SEWAGE TREATMENT SYSTEMS
13290. For the purposes of this chapter:
.(a) "Local agency" means any of the following entities:
(1) A city, county, or city and county.
(2) A special district formed pursuant to general law or special act
for the local performance of functions regarding onsite sewage
treatment systems within limited boundaries.
(b) "Onsite sewage treatment systems" includes individual
disposal systems, community collection and disposal systems, and
90
Ch. 781 —2—
alternative
2—
alternative collection and disposal systems that use subsurface
disposal.
13291. (a) On or before January 1, 2004, the state board, in
consultation with the State Department of Health Services, the
California Coastal Commission, the California Conference of
Directors of Environmental Health, counties, cities, and. other
interested parties, shall adopt regulations or standards for the
permitting and operation . of all of the following onsite sewage
treatment systems in the state and shall apply those regulations or
standards commencing six months after their adoptions:
(1) Any system that is constructed or replaced.
(2) Any system that is subject to amajor repair.
(3) Any system that pools or discharges to the surface.
(4) Any system that, in the judgment of a regional board or
authorized local agency, discharges waste that has the reasonable
potential to cause a violation of water quality objectives, or to impair
present or future beneficial uses of water, to cause pollution,
nuisance, or contamination of the waters of the state.
(b) Regulations or standards adopted pursuant to subdivision (a),
shall include, but shall not be limited to, all of the following:
(1) Minimum operating requirements that may include siting,
construction, and performance requirements.
(2) Requirements for onsite sewage treatment systems adjacent
to impaired waters identified pursuant to subdivision (d) of Section
303 of the Clean Water Act (33 U.S.C. Sec. 1313(d)).
(3) Requirements authorizing a qualified local agency to
implement those requirements adopted under this chapter within its
jurisdiction if that local agency requests that authorization.
(4) Requirements for corrective action when onsite sewage
treatment systems fail to meet the requirements or standards.
(5) Minimum requirements for monitoring used to determine
system or systems performance, if applicable.
(6) Exemption criteria to be established by regional boards.
(7) Requirements for determining a system that is subject to a
major repair, as provided in paragraph (2) of subdivision (a).
(c) This chapter does not diminish or otherwise affect the
authority of a local agency to carry out laws, other - than this chapter;
that relate to onsite sewage treatment systems.
(d) This chapter does not preempt any regional board or local
agency from adopting or retaining standards for onsite sewage
treatment systems that are more protective of the public health or
the environment than this chapter.
(e) Each regional board shall incorporate the regulations or
standards adopted pursuant to subdivisions (a) and (b) into the
appropriate regional water quality control plans.
13291.5 It is the intent of the Legislature to assist private property
owners with existing systems who incur costs as a result of the
90
3— Ch. 781
implementation of the regulations established under this section by
encouraging the state board to make loans under Chapter 6.5
(commencing with Section 13475) to local agencies to assist private
property owners whose cost of compliance with these regulations
exceeds one-half of one percent of the current assessed value of the
property on which the onsite sewage system is located.
13291.7. Nothing in this chapter shall be construed to limit the
land use authority of any city, county, or city and county.
X
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STATE WATER=RESOURCES COr4TROC.•OARO I f001 I Street Sac , -e ta, CA 95814' f' 41aill.q Addme P. O. 3— 100: Sauart to, CA:9581.^.-0100 I rrrrtu:warertaeards:ea:ger
Water Quality Control Policy for Siting, Design, Operation and
Maintenance of Onsite Wastewater Treatment Systems (OMITS Policy)
General OWTS Policy Information
What are we regulating?
• Onsite wastewater treatment systems
(OWTS) commonly known as septic
systems that primarily treat domestic
wastewater and employ subsurface disposal.
• There are an estimated 1.2 million OWTS in
California
When does it take effect?
• The effective date of the Policy was May
13, 2013.
• Except for Tier 3, local agencies may
continue to implement their existing OWTS
permitting programs for 60 months after the
effective date of the Policy.
• Owners of'OWTS with projected.flow over
10,000- gallons perday (gpd) or receives
high=strength wastewater shall notify the
Regional Water Boards. These OWTS may
be required to submit a Report of Waste
Discharge for coverage of Waste Discharge
Requirements (WDR) or a Waiver of WDR.
Why was the Policy adopted?
-• .To_allow continued use of OWTS, while
protecting water quality and public health
• Assembly Bill 885 amended California Water
Code section 13290, which required the
State Water Board to develop statewide
standards or regulations for permitting and
operation of OWTS.
Who is impacted?
• OWTS owners
• Local agencies that permit OWTS (county
environmental health dept., etc.)
• Regional Water Boards
• State Water Board
OWTS Policy Tiers
The OWTS Policy establishes a statewide, risk-based, tiered approach for
regulation and management of OWTS installations and replacements, and
recognizes the effectiveness of local permitting agencies. Tiers are briefly
summarized below, refer to the OWTS Policy for a complete, discussion of
the requirements.
Tier 0: Existing OWTS (OWTS Policy Section 6)
• Applies to properly functioning systems that do not need corrective action
and are not near an impaired water body subject to TMDL, local agency's
special provisions, or located within 600 feet of a water body listed on
OWTS-Policy Attachment 2.
• Maximum flow rate is 10,000 gpd.
Tier 1: Low Risk New or Replacement OWTS (OWTS Policy
Sections 7 & 8) -
• Applies to new or replacement OWTS that comply,with conservative siting
and design standards described in the' OWTS Policy.
• Tier 1 applies when a Local Agency Management Program (LAMP) has
not'been approved by the'Regional Water Board.
• Maximum flow rate is 3,500 gpd.
Tier 2: Local Agency Management Program (LAMP) for. New or
Replacement OWTS-(OWTS Policy Section 9)
Applies to new or replacement OWTS that comply with the siting and
design standards in an approved LAMP. LAMPs are. developed by Local
Agencies based on local conditions; siting and design standards may differ
from Tier 1 standards.
• Maximum flow rate is 10,000 gpd.
Tier 3: Advanced Protection Management Program (OWTS Policy
Section 10)
• Applies to OWTS located near impaired surface water bodies that are
subject to a Total Maximum Daily Load (TMDL) implementation plan, a
special provision contained in a LAMP, or is located within 600 feet of a
water body listed on OWTS Attachment 2.
• Supplemental treatment requirements may apply to a Tier 3 system.
• Maximum flow rate is 10,000 gpd.
Tier 4: OWTS Requiring Corrective. Action (OWTS Policy Section 11)
• Applies to systems that are not properly functioning (failing).
• Failure may be indicated by surfacing effluent, wastewater backing up in
plumbing fixtures, OWTS component/piping structural failure, or significant
groundwater or surface water degradation
The Policy and Substitute Environmental Document are available on the Internet at:,
htto://www.waterboards.ca.gov/water issues/programs/owts/index.shtml
For more information please contact: Sherly Rosilela, P.E., Water Resource Control Engineer
Sherly.Rosilela(cbwaterboards.ca.aov or(916)341-5578
ATTACHMENT
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State of California
Edmund G. Brown Jr., .Governor,
California Environmental Protection Agency
Matthew Rodriquez, Secretary
State Water Resources Control Board
http://www.waterboards.ca.gov
Charles R. Hoppin, Chair
Frances Spivy-Weber, Vice Chair
Tam M..Doduc, Member
Steven Moore, Member
Thomas Howard, Executive Director
Jonathan Bishop, Chief Deputy Director
Caren Trgovcich, Chief Deputy Director
Adopted by the State Water Resources Control Board on June 19, 2012
Approved by the Office of Administrative Law on November 13, 2012
Effective Date of the Policy: May 13, 2013
Preamble — Purpose and Scope — Structure'of the Policy
Preamble
Onsite wastewater treatment systems (OWTS) are useful and necessary structures that
allow habitation at locations that are removed from centralized wastewater treatment
systems. When properly sited, designed, operated, and maintained, OWTS treat
domestic wastewater to reduce its polluting impact on the environment and most
importantly protect public health. Estimates for the number of installations of OWTS in
California at the time of this Policy are that more than 1.2 million systems are installed
and operating. The vast majority of these are functioning in a satisfactory manner and
meeting their intended purpose.
However there have been occasions in California where OWTS for a varied list of
reasons have not satisfactorily protected either water quality or public health. Some
instances. of these failures are related to the OWTS not -being able to adequately treat
and dispose of waste as a result of poor design or improper site conditions. Others
have occurred where the systems are operating as designed but their densities are
such that the combined effluent resulting from multiple systems is more.than can be
assimilated into the environment. From these failures we must learn how to improve
our usage of OWTS and prevent such failures from happening again.
As California's population continues to grow, and we see both increased rural housing
densities and the building of residences and other structures in more varied terrain than
we ever have before, we increase the risks of causing environmental damage and
creating public health risks from the use of OWTS. What may have been effective in
the past may not continue to be as conditions and circumstances surrounding particular
locations change. So necessarily more scrutiny of our installation of OWTS is-,
demanded of all those involved, while maintaining an appropriate balance of only -the
necessary requirements so that the use of OWTS remains viable.
Purpose and Scope of the Policy
The purpose of this Policy is to allow the continued use of OWTS, while protecting water
quality and public health. This Policy recognizes that responsible local agencies can
provide the most effective means to manage OWTS on a routine basis. Therefore as
an important element, it is the intent of this policy to efficiently utilize and improve upon
where necessary existing local programs through coordination between the State and
local agencies. To accomplish this purpose, this Policy establishes a statewide, risk-
based, tiered approach for the regulation and management of OWTS. installations and
replacements and sets the level of performance and protection expected from OWTS.
In particular, the Policy requires actions for water bodies specifically identified as part
this Policy where OWTS contribute to water quality degradation that adversely affect
beneficial uses.
This Policy only authorizes subsurface disposal of domestic strength, and in limited
instances high strength, wastewater and establishes minimum requirements for the
permitting, monitoring, and operation .of OWTS for protecting beneficial uses of waters
Preamble — Purpose and Scope —. Structure of the Policy
of the State and preventing or correcting conditions of pollution and nuisance. And
finally, this Policy also conditionally waives the requirement for owners of OWTS to
apply for and receive Waste Discharge Requirements in order to operate their systems
when they meet the conditions set forth in the Policy. Nothing in this Policy, supersedes
or requires modification of Total Maximum Daily Loads or Basin -Plan prohibitions of
discharges from OWTS.
This Policy also applies to OWTS on federal, state, and Tribal lands to the extent
authorized by law or agreement.
Structure of the Policy
This Policy is structured into ten major parts:
Definitions
Definitions for all the major terms. used in this Policy are provided within this part and
wherever used in the Policy the definition given here overrides any other possible
definition.
Section 1
Responsibilities and Duties
Implementation of this Policy involves individual OWTS owners; local agencies, be they
counties, cities,-or.any other subdivision -of state government with_permitting powers
over OWTS; Regional Water Quality Control Boards; and the State Water Resources -
Control Board.
[Sections 2, 3, 4, and 51
Tier 0 — Existing OWTS
Existing OWTS that are properly functioning, and do not meet the conditions of failing
systems or otherwise require corrective action (for example; to prevent groundwater
impairment) as specifically described in Tier 4, and are not determined to be
contributing to an impairment of surface water as specifically described in Tier 3, are
automatically.included in Tier 0.
Section 6
Tier 1 — Low -Risk New or Replacement OWTS
New or replacement OWTS that meet low risk siting and design requirements.as
specified in Tier 1, where there, is not an approved Local Agency Management Program
per Tier 2.
[Sections 7 and 81
Tier 2 — Local Agency Management Program for New or Replacement OWTS
California is well known for its extreme range of geological and climatic conditions. As
such, the establishment of a single set of criteria for OWTS would either be too
restrictive so as to protect for the most sensitive case, or would have broad allowances
that would not be protective enough under some circumstances. To accommodate this
2
Preamble — Purpose and Scope — Structure of the Policy
extreme variance, local agencies may submit management programs ("Local Agency
Management Programs") for approval, and upon approval then manage the installation
of new and replacement OWTS under that program.
Local Agency Management Programs approved under Tier 2 provide an alternate
method from Tier 1 programs to achieve the same policy purpose, which is to protect
water quality and public health. In order to address local conditions, Local Agency
Management Programs may include standards that differ from the Tier 1 requirements
for new and replacement OWTS contained in Sections 7 and 8. As examples, a Local
Agency Management Program may authorize different soil characteristics, usage of
seepage pits, and different densities for new developments. Once the Local Agency
Management. Program is approved, new and replacement OWTS that are included
within the Local Agency Management Program may be approved by the Local Agency.
A Local Agency, at its discretion,- may include Tier 1 standards within its Tier 2 Local
Agency Management Program for some or all of its jurisdiction. However, once a Local
Agency Management Program is approved, it shall supersede Tier 1 and all future.
OWTS decisions will be governed by the Tier 2 Local Agency Management Program
until it is modified, withdrawn, or revoked.
Section 9
Tier 3 — Impaired Areas
Existing, new, and replacement OWTS that are near impaired water bodies may be
addressed by a TMDL and its implementation program, or special provisions contained
in a Local Agency -Management Program. If there is no TMDL or special provisions,
new or replacement OWTS within 600 feet of impaired water bodies listed in Attachment
2 must meet the specific requirements of Tier 3.
[Section 101
Tier 4 — OWTS Requiring Corrective Action
OWTS that require corrective action or are either presently failing or fail at any time
while this Policy is in effect are automatically included in Tier 4 and must follow the
requirements as specified.
[Section 111
Conditional Waiver of Waste Discharge Requirements
The requirement to submit a report.of waste discharge for discharges from OWTS that.
are in conformance with this policy is waived.
(Section 121
Effective Date
When this Policy becomes effective.
[Section 131
Financial Assistance
Procedures for local agencies to apply for funds to establish low interest loan programs
for the assistance of OWTS owners in meeting the requirements of this Policy.
[Section 141
3
Preamble — Purpose and Scope — Structure of the Policy
Attachment 1
AB 885 Regulatory Program Timelines.
Attachment 2
Tables 4 and 5 specifically identify those impaired water bodies that have Tier 3
requirements and must have a completed TMDL by the date specified.
Attachment 3
Table 6 shows where one Regional Water Board has been designated to review and, if
appropriate, approve new Local Agency Management Plans for a local agency that is
within multiple Regional Water Boards' jurisdiction.
What Tier Applies to my OWT.S?
Existing OWTS that conform to the requirements for Tier 0 will remain in Tier 0 as long
as they continue to meet those requirements. An existing OWTS will temporarily move
from Tier 0 to Tier 4 if it is determined that corrective action is needed. The existing
OWTS will return to Tier 0 once the corrective action is completed if the repair does not
qualify as major repair under Tier 4. Any major repairs conducted as corrective action
must comply with Tier 1 requirements or Tier 2 requirements, whichever are in effect for
that local area. An existing OWTS will move from Tier 0 to Tier 3 if it is adjacent to an
impaired water body listed on Attachment 2, or is covered by a TMDL implementation
plan.
In areas with no approved Local Agency Management Plan, new and replacement .
OWTS that conform to the requirements of Tier 1 will remain in -Tier 1 as long as they.
continue to meet those requirements. A new or replacement OWTS will temporarily
move from Tier 1 to Tier 4.if itis determined that corrective action is needed. The new
or replacement OWTS will return to Tier 1 once the corrective action is completed. A
new or replacement OWTS will move from Tier 1 to Tier 3 if it is adjacent to an impaired
water body, or is covered by a TMDL implementation plan.
In areas with an approved Local Agency Management Plan, new and replacement
OWTS that conform to the requirements of the Tier 2 Local Agency.Management Plan
will remain in Tier 2 as long as they continue to meet those requirements. A new or
replacement OWTS will temporarily move from Tier 2 to Tier 4 if it is determined that
corrective action is needed. The new or replacement OWTS will return to Tier 2 once
the corrective action is completed. A new or replacement OWTS will move from Tier 2
to Tier 3 if it is adjacent to an impaired water body, or is covered by a TMDL
implementation plan, or is covered by special provisions for impaired water bodies
contained in a Local Agency Management Program. .
4
Preamble — Purpose and Scope — Structure of the Policy
Existing, new, and replacement- OWTS in specified .areas adjacent to water bodies that
are identified by the State Water Board as impaired for pathogens or nitrogen and listed
in Attachment 2 are in Tier 3. Existing, new, and replacement OWTS covered by a
TMDL implementation plan, or covered by special provisions for impaired water bodies
contained in a Local Agency Management Program are also in Tier 3. These OWTS
will temporarily move from Tier'3 to Tier 4 if it determined that corrective action is
needed. The new or replacement OWTS will return to Tier 3 once the corrective action
is completed.
Existing, new, and replacement OWTS that do not conform with the requirements to
receive coverage under any of the Tiers (e.g., existing OWTS with a projected flow of
more than 1 0,000.gpd) do not qualify for this Policy's conditional waiver of waste
discharge requirements, and will be regulated separately by the applicable Regional
Water Board.
5
Definitions
1.0 Definitions. The following definitions apply to this Policy:
11303 (d) list" means the same as "Impaired Water Bodies."
"At -grade system" means an OWTS dispersal system with a discharge point located
at the preconstruction grade (ground surface elevation). The discharge from an at -
grade system is always subsurface.
"Average annual rainfall" means the average of the annual amount of precipitation for
a location over a year as measured by the nearest National Weather Service station
for the preceding three decades. For example the data set used to make a
determination in 2012 would be the data from 1981 to 2010.
"Basin Plan" means the same as "water quality control plan" as defined in Division 7
(commencing with Section 13000) of the Water Code. Basin Plans are adopted by
each Regional Water 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. Copies are available from the Regional Water Boards,
electronically at each Regional Water Boards website, or at the State Water Board's
Plans and Policies web page (http://www.waterboards.ca.gov/plans policies/).
"Bedrock" means the rock, usually solid, that underlies soil or other unconsolidated,
surficial material.
"CEDEN" means California_ Environmental Data Exchange Network and information
about it is available at the State Water Boards website or
http://www.cedan.orA/index-.shtmi.
"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. Cesspools differ from seepage pits because cesspool systems do not
have septic tanks and are not authorized under this Policy. The term cesspool does
not include pit -privies and out -houses which are not regulated under this Policy.
"Clay" means a soil particle; the term also refers to a type of soil texture. As a soil
particle, clay consists of individual rock or mineral particles in soils having diameters
<0.002 mm. As a soil texture, clay is the soil material that is comprised of 40
percent or more clay particles, not more than 45 percent sand and not more than 40
percent silt particles using the USDA soil classification system.
"Cobbles" means rock fragments 76 mm or larger using the USDA soil classification
systems.
"Dispersal system" means a leachfield, seepage pit, mound, at -grade, subsurface drip
field, evapotranspiration and infiltration bed, or other type of system for final
wastewater treatment and subsurface discharge.
D
Definitions
"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 may include
incidental RV holding tank dumping but does not include wastewater consisting of a
significant portion of RV holding tank wastewater such as at RV dump stations.
Domestic wastewater does not include wastewater from industrial processes.
"Dump Station" means a facility intended to receive the discharge of wastewater from
a holding tank installed on a recreational vehicle. A dump station does not include a
full hook-up sewer connection similar to those used at a recreational vehicle park.
"Domestic well" means a groundwater well that provides water for human
consumption and is not regulated by the California Department of Public Health.
"Earthen material" means a substance composed of the earth's crust (i.e. soil and
rock).
"EDF" see "electronic deliverable format."
"Effluent" means sewage, water, or other liquid, partially or completely- treated or in its
natural state, flowing out of a septic tank, aerobic treatment unit, dispersal system,
or other-OWTS component.
"Electronic deliverable format" or "EDF" means the data standard adopted by the
State Water Board for submittal of groundwater quality monitoring data to the State
Water Board's internet-accessible database system Geotracker
(http://geotracker.waterboards.ca.gov/).
"Escherichia coli" means a group of bacteria predominantly inhabiting the intestines of
humans or other warm-blooded animals, but also occasionally found elsewhere.
Used as an indicator of human fecal contamination.
"Existing OWTS" means an OWTS that was constructed and operating prior to the
effective date of this Policy, and OWTS for which a construction permit has been
issued prior to the effective date of the Policy.
"Flowing water body" means a body of running water flowing over the earth in a
natural water course, where the movement of the water is readily discernible or if
water is not present it is apparent from review of the geology that when present it
does flow, such as in an ephemeral drainage, creek, stream, or river.
"Groundwater" means water below the land surface that is at or above atmospheric
pressure.
F
Definitions
"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 totalsuspended solids (TSS) greater than 330 mg/L ora fats,
oil, and grease (FOG) concentration greater than 100 mg/L prior to the septic tank or
other OWTS treatment component.
"IAPMO" means the. International Association of Plumbing and Mechanical Officials.
"Impaired Water Bodies" means those surface water bodies or segments thereof that
are identified on.a list approved first by the State Water Board and then approved by
US EPA pursuant to Section 303(d) of the federal Clean Water Act.
"Local agency" means any subdivision of state government that has responsibility for
permitting the installation of and regulating OWTS within its jurisdictional boundaries;
typically a county; city, or special district.
"Major repair" means either: (1) for a dispersal system, repairs required for an OWTS
dispersal system due to surfacing wastewater effluent from the dispersal field and/or
wastewater backed up into .plumbing fixtures because the dispersal system is not
able to percolate the design flow of wastewater associated with the structure served,
or (2) for a septic tank, repairs required to the tank for a compartment baffle failure
or. tank structural .integrity failure such that either wastewater is exfiltrating or
groundwater is infiltrating.
"Mottling" means a soil condition that results from oxidizing or reducing minerals due
to soil moisture changes from saturated to unsaturated overtime. Mottling is
characterized by spots or blotches of different colors or shades of color (grays and
reds) interspersed within the dominant color as described by the USDA soil
classification system. This soil condition can be indicative of historic seasonal high
groundwater level, but the lack of this condition may not demonstrate the absence of
groundwater.
"Mound system" means an aboveground. dispersal system (covered sand bed with
effluent leachfield elevated above original ground surface inside) used to enhance
soil treatment, dispersal, and absorption of effluent discharged from an OWTS
treatment unit such as a septic tank. Mound systems have a subsurface discharge.
"New OWTS" means an OWTS permitted after the effective date of this Policy.
"NSF" means NSF International (a.k.a. National Sanitation Foundation), a not for profit,
non-governmental organization that develops health and safety standards and
performs product certification.
"Oil/grease interceptor" means a passive interceptor that has a rate of flow exceeding
50 gallons -per -minute and that is located outside a building. Oil/grease interceptors
are used for separating and collecting oil and grease from wastewater.
Ell
Definitions
"Onsite wastewater treatment systems) (OWTS) means individual disposal
systems, community collection and disposal systems, and alternative collection and
disposal systems that use subsurface disposal. The short form of the term may be
singular or plural. OWTS do not include "graywater" systems pursuant to Health and.
Safety Code Section 17922.12.
"Percolation test" means a method of testing water absorption of the soil. The test is
conducted with clean water and test results can be used to establish the dispersal
system design.
"Permit" means a document issued by a local agency that allows the installation and
use of an OWTS, or waste discharge requirements or a waiver of waste discharge
requirements that authorizes discharges from an OWTS.
"Person" means any individual, firm, association, organization, partnership, business
trust, corporation, company, State agency or department, or unit of local government
who is, or that is, subject to this Policy.
"Pit -privy" (a.k.a. outhouse, pit -toilet) means self-contained waterless toilet used for
-disposal of non -water carried human waste; consists of a shelter built above a pit in
the ground into which human waste falls.
"Policy" means this Policy for Siting, Design, Operation and Management of OWTS.
"Pollutant" means any substance that alters water quality of the waters of the State to
a degree that it may potentially affect the beneficial uses of water, as listed in a
Basin Plan.
"Projected flows" means wastewater flows into the OWTS determined. in accordance
with any of the applicable methods for determining average daily flow in the USEPA
Onsite Wastewater Treatment System Manual, 2002, or for Tier 2 in. accordance
with an approved Local Agency Management Program.
"Public Water System" is a water system regulated by the California Department of
Public Health or a Local Primacy Agency pursuant to Chapter 12, Part 4, California
Safe Drinking Water Act, Section 116275 (h) of the California Health and Safety
Code.
"Public Water Well" is a ground water well serving a public water system. A spring
which is not subject to the California Surface Water Treatment Rule (SWTR), CCR,
Title 22, sections 64650 through 64666 is a public well.
"Qualified professional" means an individual licensed or certified. by a State of
California agency to design OWTS and practice as professionals for other
associated reports, as allowed under their license or. registration. Depending on the
work to be performed and various licensing and registration requirements, this may
include an individual who possesses a registered environmental health specialist
certificate or is currently licensed as a -professional engineer or professional
geologist. For the purposes of performing site evaluations, Soil Scientists certified by
the Soil Science Society of America are considered qualified professionals. A local
agency may modify this definition as part of its Local Agency Management Program.
Definitions
"Regional Water Board" is any of the Regional Water Quality Control Boards
designated by Water Code Section 13200. Any reference to an action of the
Regional Water Board in this Policy 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.
"Replacement OWTS" means an OWTS that. has its treatment capacity expanded, or
its dispersal system replaced or added onto, after the effective date of this Policy.
"Sand" means a soil particle; this term also refers to a type of soil texture. As a soil
particle, sand consists of individual rock or mineral particles in soils having
diameters ranging from 0.05 to 2.0 millimeters. As a soil texture, sand is soil that is
comprised of 85 percent or more sand particles, with the percentage of silt plus 1.5
times the percentage of clay particles, comprising less than 15 percent.
"Seepage pit" means a drilled or dug excavation, three to six feet in diameter, either
lined or gravel filled, that receives the effluent discharge from a septic tank or other
OWTS treatment unit for dispersal.
"Septic tank" means a watertight, covered receptacle designed for primary treatment
of wastewater and constructed to:
1. Receive wastewater discharged from a building;
2. Separate settleable and -floating solids from the liquid;
3. Digest organic matter by anaerobic bacterial action;
4. Store digested solids; and
5. Clarify wastewater for further treatment with final subsurface discharge.
"Service provider" means a person capable of operating, monitoring, and maintaining
an OWTS in accordance to this Policy.
"Silt" means a soil particle; this term also refers to a type of soil texture. Asa soil
particle, silt consists of individual rock or mineral particles in soils having diameters
ranging from between 0.05 and 0.002 mm. As a soil texture, silt is soil that is
comprised as approximately 80 percent or more silt particles and not more than 12
percent clay particles using the USDA soil classification system.
"Single-family dwelling unit" means a structure that is usually occupied by just one
household or family and for the purposes of this Policy is expected -to generate an
average of 250 gallons per day of wastewater.
"Site" means the location of the OWTS and, where applicable, a reserve dispersal area
capable of disposing 100 percent of the design flow from all sources the OWTS is
intended to serve.
"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 Policy.
10
Definitions
"Soil" means the naturally occurring body of porous mineral and organic materials on
the land surface, which is composed of unconsolidated materials, including sand -
sized, silt -sized, and clay -sized particles mixed with varying amounts of larger
fragments and organic material. The various combinations of particles differentiate
specific soil textures identified in the soil textural triangle developed by the United
States Department:of Agriculture (USDA) as found in Soil Survey Staff, USDA; Soil
Survey Manual, Handbook 98, U.S. Government Printing Office, Washington, DC,
1993, p. 138. For the purposes of this Policy, soil shall contain, earthen material of
particles smaller than 0.08 inches (2 mm) in size.
"Soil Structure" means the arrangement of primary soil particles into compound
particles, peds, or clusters that are separated by natural planes of weakness from
adjoining aggregates.
"Soil texture" means the soil class that describes the relative amount of sand, _clay, silt
and combinations thereof as defined by the classes of the soil textural triangle
developed by the USDA (referenced above).
"State Water Board" is the State Water Resources Control Board
"Supplemental treatment" means any OWTS or component of an OWTS, except a
septic tank or dosing tank, that performs additional wastewater treatment so that the
effluent meets a predetermined performance requirement prior to discharge of
effluent into the dispersal field.
"SWAMP" means Surface Water Ambient Monitoring Program and more information is
available at: hfp://www.waterboards.ca.gov/water issues/programs/swamp/
"Telemetric" means the ability to automatically measure and transmit OWTS data by
wire, radio, or other means.
"TMDL" is the acronym for "total maximum daily load." Section 303(d)(1) of the Clean
Water Act requires each State to establish a TMDL for each impaired water body to
address the pollutant(s) causing the impairment. In California, TMDLs are usually
adopted as Basin Plan amendments and contain implementation plans detailing how
water quality standards will be attained.
"Total coliform" means a group of bacteria consisting of. several, genera belonging to
.the family Enterobacteriaceae, which includes Escherichia coli bacteria.
"USDA" means the U.S. Department of Agriculture.
"Waste discharge requirement" or "WDR" means an operation and discharge permit
issued for the discharge of waste pursuant to Section 13260 of the California Water
Code.
11
Responsibilities and Duties
Responsibilities and Duties
2.0 OWTS Owners Responsibilities and Duties
2.1 All new, replacement, or existing OWTS within an area that.is subject to a
Basin Plan prohibition of discharges from OWTS, must comply with the
prohibition. If the prohibition authorizes discharges under specified conditions,
the discharge must comply with those conditions and the applicable provisions
of this Policy.
2.2 Owners of OWTS shall adhere to the requirements prescribed in local codes
and ordinances. Owners of new and replacement OWTS covered by this
Policy shall also meet the minimum standards contained in Tier 1, or an
alternate standard provided by a Local Agency Management Program per Tier
2, or shall comply with the requirements of Tier 3.if near an impaired water
body and subject to Tier 3, or shall provide corrective action for their OWTS if
their system meets conditions that place it in Tier 4.
2.3 Owners of OWTS shall comply with any and all permitting conditions imposed
by a local agency that do not directly conflict with this Policy, including any
conditions that are more stringent than required by this Policy..
2.4 To receive coverage under this Policy and the included waiver of waste
discharges, OWTS shall only accept and treat flows of domestic wastewater. In
addition, OWTS that accept high-strength wastewater from commercial food
service buildings are covered under this Policy and the waiver of waste
discharge requirements if the wastewater does not exceed 900 mg/L BOD and
there is a properly sized and functioning oil/grease interceptor (a.k.a grease
trap).
2.5 Owners of OWTS shall maintain their OWTS in good working condition
including inspections and pumping of solids as necessary, or as required by
local ordinances, to maintain proper function and assure adequate treatment. .
2.6 .The following owners of OWTS shall notify the Regional Water Board by
submitting a Report of Waste Discharge for the following:
2.6.1 a new or replacement OWTS that does not meet the conditions and
requirements set forth in either a Local Agency Management Program if
one is approved, an existing local program if it is less than 60 months from
the effective date of the Policy and a Local Agency Management Program
is not yet approved, or Tier 1 if no Local Agency Management Program
has been approved and it is more than 60 months after the effective date
of this Policy;
2.6.2 any OWTS, not under individual waste discharge requirements or a waiver
of individual waste discharge requirements issued by a Regional Water
Board, with the projected flow of over 10,000 gallons -per -day;
12
Responsibilities and Duties
2.6.3 any OWTS that receives high-strength wastewater, unless the waste
stream is from a commercial food service building;
2.6.4 any OWTS that receives high-strength wastewater from a commercial
food service building: (1) with a BOD higher than 900 mg/L, or (2) that
does not have a properly sized and functioning oil/grease interceptor.
2.7 All Reports of Waste Discharge shall be accompanied by the required
application fee pursuant to California Code of Regulations., title 23, section 2200.
3.0 Local Agency Requirements and Responsibilities
3.1 Local agencies, in addition to implementing their own local codes and
ordinances, shall determine whether the requirements within their local
jurisdiction will be limited to the water quality protection afforded by the
statewide minimum standards in Tier 0, Tier 1, Tier 3, and Tier 4, or whether
the local agency will implement a Local Agency Management Program in
accordance with Tier 2. Except for Tier 3, local agencies_ may continue to
implement their existing OWTS permitting programs in compliance with the
Basin Plan in place at the effective date of the Policy until'60 months after the
effective date of this Policy, or approval of a Local Agency Management
Program, whichever comes first, and may make minor adjustments as
necessary that are in compliance with the applicable Basin Plan and this Policy.
Tier 3 requirements take effect on the effective date of this Policy. In the
absence of a Tier 2 Local Agency Management Program, to the extent that
there is a direct conflict between the applicable minimum standards and the
local codes or ordinances (such that it is impossible to comply with both the
applicable minimum standards and the local ordinances or codes), the more
restrictive standards shall govern. -
3.2 If preferred, the local agency may at any time provide the State Water Board
and all affected Regional Water Board(s) written notice of its intent to regulate
OWTS using a Local Agency Management Program with alternative standards
as authorized in Tier 2 of this Policy. A proposed Local Agency Management
Program that conforms to the requirements of that Section shall be included
with the notice. A local agency shall not implement a program different than
the minimum standards contained in Tier 1 and 3 of this Policy after 60 months
from the effective date of this Policy until approval of the proposed Local
Agency Management Program is granted by either the Regional Water Board
or State Water Board. All initial program submittals desiring approval prior to
the 60 month limit shall be received no later than 36 months from the effective
date of this Policy. Once approved, the local agency shall adhere to the Local
Agency Management Program, including all requirements, monitoring, and
reporting. If at any time a local agency wishes to modify its Local Agency
Management Program, it shall provide the State Water Board and all affected
Regional Water Board(s) written notice of its intended modifications and will
continue to implement its existing Local Agency Management Program until the
modifications are approved.
13
Responsibilities and Duties
3.3 All local agencies permitting OWTS. shall report annually to the Regional Water
Board(s). If a local agency's jurisdictional area is within the boundary of
multiple Regional Water Boards, the local agency shall send a copy of the
annual report to each Regional Water Board. The annual report shall include
the following information (organized in a tabular spreadsheet format) and
.summarize whether any further actions are warranted to protect water quality or
public health:
3.3.1 number and location of complaints pertaining to OWTS operation and
maintenance, and identification of those which were investigated and how
they were resolved;
3.3.2, shall provide the applications and registrations issued as part of the local
septic tank cleaning registration program pursuant to Section 117400 et
seq. of the California Health and Safety Code;
3.3.3 number, location, and description of permits issued for new and
replacement OWTS and which Tier the permit is issued.
3.4 All local agencies permitting OWTS shall retain permanent records of their
permitting actions and will make those records available within 10 working days
upon written request for review by a Regional Water Board. The records for
each permit shall reference the Tier under which the permit was issued.
3.5 A local agency shall notify the owner of a public well or water intake and the
California Department of Public Health as soon as practicable, but not later
than 72 hours, upon its discovery of a failing OWTS as described in sections
11.1 and 11.2 within the setbacks described in sections 7.5.6 through 7.5.10.
3.6 A local agency may implement this Policy, or a portion thereof, using its local
authority to enforce the policy, as authorized by an. approval from the State
Water Board or by the appropriate Regional Water Board.
3.7 Nothing in the Policy shall preclude a local agency from adopting or retaining
standards for OWTS in an approved Local Agency Management Program that
are more protective of the public health or the environment than are contained
in this Policy.
3.8 If at any time a local agency wishes to withdraw its previously submitted and
approved Tier 2 Local Agency Management Program, it may do so upon 60
days written notice. The notice of withdrawal shall specify the reason for
withdrawing its Tier.2 program, the effective date for cessation of the program
and resumption of permitting of OWTS only under Tiers 1, 3, and 4.
4.0 Regional Water Board Functions and Duties
4.1 The Regional Water Boards have the principal responsibility for overseeing the
implementation of this Policy.
4.2 Regional Water Boards shall incorporate the requirements established in this
Policy by amending their Basin Plans within 12 months of the effective date of
this Policy, pursuant to Water Code Section 13291(e). The Regional Water
14
Responsibilities and Duties
Boards may also consider whether it is necessary and appropriate to retain or
adopt any more protective standards. To the extent that a Regional Water
Board determines that it is necessary and appropriate to retain or adopt any
more protective standards, it shall reconcile those region -specific standards with
this Policy to the extent feasible, and shall provide a detailed basis for its
determination that each of the more protective standards is necessary and
appropriate.
4.2.1 Notwithstanding 4.2 above, the North Coast Regional Water Board will.
continue to implement. its existing Basin Plan requirements pertaining to
OWTS within the Russian River watershed until it adopts the Russian
River TMDL, at which time it will comply with section 4.2 for the Russian
River watershed.
4.3 The Regional Water Board designated in Attachment 3 shall review, and if
appropriate, approve a Local Agency Management Program submitted by the
local agency pursuant to Tier 2 in this Policy. Upon receipt of a proposed Local
Agency Management Program, the Regional Water Board designated in
Attachment 3 shall have 90 days to notify the local agency whether the submittal
contains all the elements of a Tier 2. program, but may request additional
information based on review of the proposed program. Approval must follow a
noticed hearing with -opportunity for public comment. If a Local Agency
Management Program is disapproved, the Regional Water Board designated in
Attachment 3 shall provide a written explanation of the reasons for the
disapproval. A Regional Water Board may approve a Local Agency
Management Program while disapproving any proposed special provisions for
impaired water bodies contained in the Local Agency Management Program. If
no action is taken by the respective Regional Water Board within 12 months of
the submission date of a complete Local Agency Management Program, the
program shall be forwarded to the State Water Board for review and approval
pursuant to Section 5 of this Policy.
4.3.1 Where the local agency's jurisdiction lies within more than one Regional
Water Board, staff from the affected Regional Water Boards shall work
cooperatively to assure that water quality protection in each region is
adequately protected. If the Regional Water Board designated in
Attachment 3 approves the Local Agency Management Program over the
written objection of an affected Regional Water Board, that Regional
Water Board may submit the dispute to the State Water Board under
Section 5.3.
4.3.2 Within 30 days of receipt of a proposed Local Agency Management
Program, a Regional Water Board will forward a copy to and solicit
comments from the California Department of Public Health regarding a
Local Agency Management Program's proposed policies and procedures,
including notification to local water purveyors prior to OWTS permitting.
4.4 Once a Local Agency Management Program has been approved, any affected
Regional Water Board may require modifications or revoke authorization of a
local agency to implement a Tier 2 program, in accordance with the following:
15
Responsibilities and Duties
4.4.1 The Regional Water Board shall consult with any other Regional Water
Board(s) having jurisdiction over the local agency before providing the
notice described in section 4.4.2.
4.4.2 Written notice shall be provided to the local agency detailing the Regional
Water Board's action, the cause for such action, remedies to prevent the
action from continuing to completion, and appeal process and rights. The
local agency shall have 90 days from the date of the written notice to
respond with a corrective action plan to address the areas of non-
compliance, or to request the Regional Water Board to reconsider its
findings.
4.4.3 The Regional Water Board shall approve, approve conditionally, or deny a
corrective action plan within 90 days of receipt. The local agency will have
90 days to begin implementation of a corrective action plan from the date
of approval or 60 days to request reconsideration from the date of denial.
If the local agency fails to submit an acceptable corrective action plan,
fails to implement an approved corrective action plan, or request
reconsideration, the Regional Water Board may require modifications to
the Local Agency Management Program, or may revoke. the local
agency's authorization to implement a Tier 2 program.
4.4.4 Requests for reconsideration by the local agency shall be decided by the
Regional Water Board within 90 days and the previously approved Local
Agency Management Program shall remain in effect while the
reconsideration is pending..
4.4.5 If the request for reconsideration is denied, the local agency may appeal
to the State Water Board and the previously approved Local Agency
Management Program shall remain in effect while the appeal is under
consideration. The State Water Board shall decide the appeal within 90
days. All decisions of the State Water Board are final.
4.5 The appropriate Regional Water Board shall accept and consider any requests
for modification or revocation of a.Local Agency Management Program
submitted by any person. The Regional Water Board will notify the person
making the request and the local agency implementing the Local Agency
Management Program at issue by letter within 90 days whether it intends to
proceed with the modification or revocation process per Section 4.4 above, or is
dismissing the request. The Regional Water Board will post the request and its
response letter on its website. -
4.6 A Regional Water Board may issue or deny waste discharge requirements or
waivers of waste discharge requirements for any new or replacement OWTS
within a jurisdiction of a local agency without an approved Local Agency
Management Program if that OWTS does not meet the minimum standards
contained in Tier 1.
4.7 The Regional Water Boards will implement any notifications and enforcement
requirements for OWTS determined to be in Tier 3 of this Policy.
16
Responsibilities and Duties
4.8 Regional Water Boards may adopt waste discharge requirements, or
conditional waivers of waste discharge requirements, that exempt. individual
OWTS from requirements contained in this Policy.
5.0 State Water Board Functions and Duties
5.1 As the state agency charged with the development and adoption of this Policy,
the State Water Board shall periodically review, amend and/or update this
Policy as required.
5.2 The State Water Board may take any action assigned to the Regional Water
Boards in this Policy.
5.3 The State Water Board shall resolve disputes between Regional Water Boards
and local agencies as needed within 12 months of receiving such a request by
a Regional Water Board or local agency, and may take action on its own
motion in furtherance of this Policy. As part of this function, the State Water
Board shall review and, if appropriate, approve Local Agency Management
Programs in cases where the respective Regional Water Board has failed to
consider for approval a Local Agency Management Program. The State Water.
Board shall approve Local Agency Management Programs at a regularly
noticed board hearing and shall provide for public participation, including notice
and opportunity for public comment. Once taken up by the State Water Board,
Local Agency Management Programs shall be approved or denied within 180
days.
5.4 A member of the public may request the State Water Board to resolve any
dispute regarding the Regional Water Board's approval of a Local Agency
Management Program if the -member of the public timely raised the disputed
issue before the Regional Water Board. Such requests shall be submitted
within 30 days after the Regional Water Board's approval of the Local Agency.
Management Program. The State Water Board shall notify the member of the
public, the local agency, and the Regional Water Board within 90 days whether
it intends to proceed with dispute resolution.
5.5 The State Water Board shall accept and consider any requests for modification
or revocation of a Local Agency Management Program submitted by any
person, where that person has previously submitted said request to the
Regional Water Board and has received notice from the Regional Water Board
of its dismissal of the request. The State Water Board will notify the person
making the request and the local agency implementing the Local Agency
Management Program at issue by letter within 90 days whether it intends to
proceed with the modification or revocation process per Section 4.4 above, or
is dismissing the request. The State Water Board will post the request and its
response letter on its website.
5.6 The State Water Board or its Executive Director, after approving any Impaired
Water Bodies [303 (d)] List, and for the purpose of implementing Tier 3 of this
Policy, shall update Attachment 2 to identify those water bodies where: (1) it is
likely that operating OWTS will subsequently be determined to be a contributing
17
Responsibilities and Duties
source of pathogens or nitrogen and therefore it is anticipated that OWTS
would receive a loading reduction, and (2) it is likely that new OWTS
installations discharging within 600 feet of the water body would contribute to
the impairment. This identification shall be based on .information available at
the time of 303 (d) listing and may be further updated based on new
information. Updates to Attachment 2 will be processed as amendments to
this Policy.
5.7 The State Water Board will make available to local agencies funds from its
Clean Water State Revolving Fund loan program for -mini -loan programs to be
operated by the local agencies for the making of low interest loans to assist
private property owners with complying with this Policy. -
M
Tier 0 — Existing OWTS
Tier 0 — Existing OWTS
Existing OWTS that are properly functioning and do not meet the conditions of failing
systems or otherwise require corrective action (for example, to prevent groundwater
impairment) as specifically described in Tier 4, and are not determined to be
contributing to an impairment of.surface water as specifically described in Tier 3, are
automatically included in Tier 0.
6.0 Coverage for Properly Operating Existing OWTS
6.1 Existing OWTS are automatically covered by Tier 0 and the herein included
waiver of waste discharge requirements if they meet the following
requirements:
6.1.1 have a projected flow of 10,000 gallons -per -day or less;
6. 1.2 receive only domestic wastewater from residential or commercial
buildings, or high-strength wastewater from commercial food service
buildings that does not exceed 900 mg/L BOD and has a properly sized
and functioning oil/grease interceptor (a.k.a. grease trap);
6.1.3 continue to comply with any previously imposed permitting conditions;
6.1.4 do not require supplemental. treatment under Tier 3;
6,1.5 do not require corrective action under Tier 4; and
6.1.6 do not consist of a cesspool as a means of wastewater disposal.
6.2 A Regional Water Board or local agency may deny coverage under this Policy
to any OWTS that is:
6.2.1 Not in compliance with Section 6.1;
6.2.2 Not able to adequately protect the water quality of the waters of the State,
as determined by the Regional Water Board after considering any input
from the local agency. A Regional Water Board may require the
submission of a report of waste discharge to receive Region specific
waste discharge requirements or waiver of waste discharge requirements
so as to be protective.
6.3 Existing OWTS currently under waste discharge requirements or individual
waiver of waste discharge requirements will remain under those orders until
notified in writing by the appropriate Regional Water Board that they are
covered under this Policy.
M
Tier 1 — Low Risk New or Replacement OWTS
Tier 1 — Low Risk New or Replacement OWTS
New or replacement OWTS meet low risk siting and design requirements as specified in
Tier 1, where there is not an approved Local Agency Management Program per Tier 2.
7.0 Minimum Site Evaluation and Siting Standards
7.1 A qualified professional shall perform all necessary soil and site evaluations for
all new OWTS. and for existing OWTS where the treatment or dispersal system
will be replaced or expanded.
7.2 A site evaluation shall determine that adequate soil depth is present in the
dispersal area. Soil depth is measured vertically to the point where bedrock,
hardpan, impermeable soils, or saturated soils are encountered or an adequate
depth has been determined. Soil depth shall be determined through the use of
soil profile(s) in the dispersal area and the designated dispersal system
replacement area, as viewed in excavations exposing the soil profiles in
representative areas, unless the local agency has determinedthrough historical
or regional information that a specific site soil profile evaluation is unwarranted..
7.3 A site evaluation shall determine whether the anticipated highest level of
groundwater within the dispersal field and its required minimum dispersal zone
is not less than prescribed in Table .2'by estimation using one or a combination
of the following methods:
7.3.1 Direct observation of the highest extent of soil mottling observed in the
examination of soil profiles, recognizing that soil mottling is not always an
indicator of the uppermost extent of high groundwater; or
7.3.2 Direct observation of groundwater levels during the anticipated period of
high groundwater. Methods for groundwater monitoring and
determinations shall be decided by the local agency; or .
7.3.3 Other methods, such as historical records, acceptable to the local agency.
7.3.4 Where a conflict in the above methods of examination exists, the direct
observation method indicating the highest level shall govern.
7.4 Percolation test results in .the effluent disposal area shall not be faster than one
minute per inch (1 MPI) or slower than one hundred twenty minutes per inch
(120 MPI). All percolation test rates shall be performed by presoaking of
percolation test holes and continuing the test until a stabilized rate is achieved.
7.5 Minimum horizontal setbacks from any OWTS treatment component and
dispersal systems shall be as follows:
7.5.1 5 feet from parcel property lines and structures;
7.5.2 100 feet from water wells and monitoring wells, unless regulatory or
legitimate data requirements necessitate that monitoring wells be located
closer;
20
Tier 1 — Low Risk New or Replacement OWTS
7.5.3 100 feet from any unstable land mass or any areas subject to earth slides
identified by a registered engineer or registered geologist; other setback
distance are allowed, if recommended by a geotechnical report prepared
by a qualified professional.
7.5.4 100 feet from springs and flowing surface water bodies where the edge of
that water body is the natural or levied bank for creeks and rivers, or may
be less where site conditions prevent migration of wastewater to the water
body;
7.5.5 200 feet from vernal pools, wetlands, lakes, ponds, or other surface water
bodies where the edge of that water body is the high water mark for lakes
and reservoirs, and the mean high tide line for tidally influenced water
bodies;
7.5.6 150 feet from a public water well where the depth of the effluent dispersal
system does not exceed 10 feet;
7.5.7 Where the effluent dispersal .system is within 1,200 feet from a public
water systems' surface water intake point, within the catchment of the
drainage, and located such that it may impact water quality at the intake
point such as upstream of the intake point for flowing water bodies, the
dispersal system shall be no less than 400 feet from the high water mark
of the reservoir, lake or flowing water body.
7.5.8 Where the effluent.dispersal system is located more than 1,200 feet but
less than 2,500 feet from a public water systems' surface water intake
point, within the catchment of the drainage, and located such that it may
impact water quality at the intake point such as upstream of the intake
point for flowing water bodies, the dispersal system shall be no less than
200 feet from the high water mark of the reservoir, lake or flowing water
body.
7.6 Prior to issuing a permit to install an OWTS the permitting agency shall
determine if the OWTS is within 1,200 feet of an intake point for a surface water
treatment plant for drinking water, is in the drainage catchment in which the
intake point is located, and located such that it may impact water quality at the
intake point such as being upstream of the intake point for a flowing water body.
If the OWTS is within 1,200 feet of an intake point for a surface water treatment
plant for drinking water, is in the drainage catchment in which the intake point is
located, and is located such that it may impact water quality at the intake point:
7.6.1 The permitting agency shall provide a copy of the permit application to the
owner of the water system. of their proposal to install an OWTS within
1,200 feet of an intake point for a surface water. treatment. If the owner of
the water system cannot be identified, then the permitting agency will
notify California Department of Public Health Drinking Water Program.
7.6.2 The permit application shall include a topographical plot plan for the parcel
showing the OWTS components, the property boundaries, proposed
structures, physical address, and name of -property owner.
21
Tier 1 — Low Risk New or Replacement OWTS
7.6.3 The permit application shall provide the estimated wastewater flows,.
intended use of proposed structure generating the wastewater, soil data,
and estimated depth to seasonally saturated soils.
7.6.4 The public water system owner shall have 15 days from receipt of the
permit application to provide recommendations and comments to the
permitting agency.
7.7 Natural ground slope in all areas used for effluent disposal shall not be greater
than 25 percent.
7.8 The average density for any subdivision of property made by Tentative Approval
.pursuant to the. Subdivision Map. Act occurring after the effective date of this
Policy and implemented under Tier 1 shall not exceed the allowable density
values in Table 1 for a single-family dwelling unit, or its equivalent, for those
units that rely on OWTS.
Table 1: Allowable Average Densities per Subdivision under Tier 1.
Average Annual Rainfall
in/yr
Allowable Density
acres/single family dwelling unit
0.-15
2.5
>15 - 20
2
>20 - 25
1.5
>25.- 35
1
>35 - 40
0.75
>40
0.5
8.0 Minimum OWTS Design and Construction Standards
8.1 OWTS Design Requirements
8.1.1 A qualified professional shall design all new OWTS and modifications to
existing OWTS where the treatment or dispersal system will be replaced
or expanded. A qualified professional employed by a local agency, while
acting in that capacity, may design, review, and approve a design for a
proposed OWTS, if. authorized .by the local agency.
8.1.2 OWTS shall be located, designed, and constructed in a manner to ensure
that effluent does not surface at any time, and that percolation of effluent
will not adversely.affect.beneficial-uses of waters of the State.
8.1.3 The design of new and replacement OWTS shall be based on the
expected influent wastewater quality with a projected flow not to exceed
3,500 gallons per.day, the peak wastewater flow rates for purposes of
sizing hydraulic components, the projected average daily flow for
purposes of sizing the dispersal system, the characteristics of the site, and
the required level of treatment for protection of water quality and public
health.
22
Tier 1 — Low Risk New or Replacement OW TS
8.1.4 All dispersal systems shall have at least twelve (12) inches of soil cover,
except for pressure distribution systems, which must have at least six (6)
inches of soil cover.
8.1.5 The minimum depth to the anticipated highest level of groundwater below
the bottom of the leaching trench, and the native soil depth immediately
below the leaching trench, shall not be less than prescribed in Table 2.
Table 2: Tier 1 Minimum Depths to Groundwater and Minimum Soil
Depth from the Bottom of the Dispersal System.
Percolation Rate
Minimum Depth
Percolation Rate s1 MPI
Only as authorized in a Tier 2 Local Agency
Management Program
1 MPI< Percolation Rate <_ 5
Twenty (20) feet
MPI
5 MPI< Percolation Rates 30
Eight (8) feet
MPI
30 MPI< Percolation Rate <_
Five (5) feet
120 MPI
Percolation Rate > 120 MPI
Only.as authorized in a Tier 2 Local Agency
Management Program
MPI = minutes per inch
8.1.6 Dispersal systems shall be a leachfield, designed using not more than 4
square -feet of infiltrative area per linear foot of trench as the infiltrative
surface, and with trench width no wider than 3 feet. Seepage pits and
other dispersal systems may only be authorized for repairs where siting
limitations require a variance. Maximum application rates shall be
determined from stabilized percolation rate as provided in Table 3, or from
soil texture and structure determination as provided in Table 4.
8.1.7 Dispersal systems shall not exceed a maximum depth of 10 feet as
measured from the ground surface to the bottom of the trench.
23
Tier 1 - Low Risk New or Replacement O01'JTS
Table 3: Application Rates as Determined from Stabilized Percolation Rate
Percolation
Application
<h,
Percolation
Application
Percolation
Application
Rate
Rate
Rate
Rate
Rate
Rate
k
-
(minutes
(gallons
(minutes
(gallons
N
(minutes
(gallons
per Inch)
per day per
' r`
per Inch)
per day per
per Inch)
per day per
square
square
square
foot)
foot)
foot)
<1
Requires
d
31
0.522
61
0:197
Local
Manage-
ment
Program
1
1.2
32
0.511
1 -
62
0.194
2
1.2-
33
0.5
bye
63
0.19
3
1.2
34
0.489
64
0.187
z, µ f .
4
1.235
0.478
65
0.184
5
1.2_
;
36
0.467
66
0.18
6
0.8
37
0.456+
67
0.177
7
0.8
38
0.445
68
0.174
4K>
8
0.8
rr _-
39
0.434
69
0.17
9
0.8
, a
40
0.422
70
0.167
10
0.83y
41
0.411
71
0.164
s,
11
0.786;
42
0.4
72
0.16
G!
12
0.77143
0.389
h "
73
0.157
13
0.757
`r
44
0.378
74
0.154
:
14
0.743
' ' a _
45
0.367
75
0.15
15
0.729
T
46
0.356
1
76
0.147
16
0.7142
47
0.345
77
0.144
17
0.7
48
0.334
t
78
0.14
18
0.686
r�
49
0.323
xr
79
0.137
"
19
0.671
a g e
50
0.311
F N"F "
80
0.133
20
0.65751
0.3
g
81
0.13
21
0.643
x
52
0.289
82
0.127
w'S k
22
0.629
rR
53
0.278
83
0.123
Y
23
0.614
54
0.267
3
84
0.12
E�
24
0.6
55 55
0.256
85
0.117
25
0.589"
56
0.245
86
0.113
26
0.578^
57
0.234
<=
87
0.11
27
0.567
Y Y n �
58
0.223
.66
88
0.107
28
0.556
iµa
59
0.212
89
0.103
29
0.545
60
0.2
90
0.1
30
0.533"
_
>90 - 120
0.1
a
s
24
Tier 1 — L®w Risk New ®r Replacement OWTS
Table 4: Design Soil Application Rates
(Source: USEPA Onsite Wastewater Treatment Systems Manual, February 2002)
Soil Texture
(per the USDA soil classification
system)
Soil Structure Shape
Grade
. Maximum Soil
Application
Rate(gallons per
day per square
foot)'
Coarse Sand, Sand, Loamy Coarse
Sand, Loamy Sand
Single grain
Structureless
0.8
Fine Sand, Very Fine Sand, Loamy
Fine Sand, Loamy Very Fine Sand
Single grain
Structureless
0.4
Coarse Sandy Loam, Sandy Loam
Massive
Structureless
0.2
Platy
Weak
0.2
Moderate, Strong
Prohibited
Prismatic, Blocky,
Granular
Weak
0.4
Moderate, Strong
0.6
Fine Sandy Loam, very fine Sandy
Loam
Massive
Structureless
0.2
Platy
Weak, Moderate, Strong
Prohibited
Prismatic, Blocky,
Granular
Weak
0.2
Moderate, Strong
0.4
Loam
Massive
Structureless
0.2
Platy
Weak, Moderate, Strong
Prohibited
Prismatic, Blocky,
Granular
Weak
0.4
Moderate, Strong
0.6
Silt Loam
Massive
Structureless
Prohibited
Platy
Weak, Moderate, Strong
Prohibited
Prismatic, Blocky,
Granular
Weak
0.4
Moderate, Strong
0.6
Sandy Clay Loam, Clay Loam, Silty
Clay Loam
Massive
Structureless
Prohibited
Platy
Weak, Moderate, Strong
Prohibited
Prismatic, Blocky,
Granular
Weak
0.2
Moderate, Strong
0.4
Sandy Clay, Clay, or Silty Clay
Massive
Structureless
Prohibited
Platy
Weak, Moderate, Strong -
Prohibited
Prismatic, Blocky,
Granular
Weak
Prohibited
Moderate, Strong
0.2
1 Soils listed as prohibited may be allowed under the authority of the Regional Water Board, or as allowed under an
approved Local Agency Management Program per Tier 2.
25
Tier 1 — Low Risk New or Replacement OWTS
8.1.8 All new dispersal systems shall have 100 percent replacement area that is
equivalent and separate, and available for future use. -
8.1.9 No dispersal systems or replacement areas shall be covered by an
impermeable surface, such as paving, building foundation slabs, plastic
sheeting, or any other material that prevents oxygen transfer to the soil.
8.1.10 Rock fragment content of native soil surrounding the dispersal system
shall not exceed 50 percent by volume for rock fragments sized as
cobbles or larger and shall be estimated using either the point -count or
line -intercept methods.
8.1.11 Increased allowance for IAPMO certified dispersal systems is not allowed
under Tier 1.
8.2 OWTS Construction and Installation
8.2.1 All new or replacement septic tanks and new or replacement oil/grease
interceptor tanks shall comply with the standards contained. in Sections
K5(b), K5(c), K5(d), K5(e), K5(k), K5(m)(1), and K5(m)(3)(ii) of Appendix
K, of Part 5, Title 24 of the 2007 California Code of Regulations.
8.2.2 All new septic tanks shall comply with the following requirements:
8.2.2.1 Access openings shall have watertight risers, the tops of which shall be
set at most 6 inches below finished grade; and
8.2.2.2 Access openings at grade or above shall be locked or secured to
prevent unauthorized access.
8.2.3 New and replacement OWTS septic tanks shall be limited to those
approved by the International Association of Plumbing and Mechanical
Officials (IAPMO) or stamped and certified by a California registered civil
engineer as'meeting the industry standards, and their installation shall be
according to the manufacturer's instructions.
8.2.4 New and replacement OWTS septic tanks shall be designed to prevent
solids in excess of three -sixteenths (3/16) of an inch in diameter from
passing to the dispersal system. Septic tanks that use a National
Sanitation Foundation/American National Standard Institute (NSF/ANSI)
Standard 46 certified septic tank filter at the final point of effluent
discharge from the OWTS and prior to the dispersal system shall be"
deemed in compliance with this requirement.
26
Tier 1 — Low Risk New or, Replacement OWTS
8.2.5 A Licensed General Engineering Contractor (Class A), General Building
Contractor (Class B), Sanitation System Contractor (Specialty Class C-
42), or Plumbing Contractor (Specialty Class C-36) shall install all new
OWTS and replacement OWTS in accordance with California Business
and Professions Code Sections 7056, 7057, and 7058 and Article 3,
Division 8, Title 16 of the California Code of Regulations. A property owner
may also install his/her own OWTS if the as -built diagram and the
installation are inspected and approved by the Regional Water Board or
local agency at a time when the OWTS is in an open condition (not
covered by soil and exposed for inspection).
27
Tier 2 — Local- Agency OWTS Management Program
Tier 2 — Local Agency OWTS Management Program
Local agencies may submit management programs for approval, and upon approval
then manage the installation of new and replacement. OWTS under that program. Local
Agency Management Programs approved under Tier 2 provide an alternate method
from Tier 1 programs to achieve the same policy purpose, which is to protect water
quality and public health. In order to address local conditions, Local Agency
Management Programs may include standards that differ from the Tier 1 requirements
for new and replacement OWTS contained. in Sections 7 and 8: As examples, a Local
Agency Management Program may authorize different soil characteristics, usage of
seepage pits, and different densities for new developments. Once the Local Agency
Management Program is approved, new and replacement OWTS-that are included
within the Local Agency Management Program may be approved by the Local Agency.
A Local Agency, at its discretion, may include Tier.1 standards within its Tier 2 Local
Agency Management Program for some or all of its jurisdiction. However, once a Local
Agency Management Program is approved, it shall supersede Tier 1 and all future
OWTS decisions will be governed by the Tier 2 Local Agency Management Program
until it is modified, withdrawn, or revoked.
9.0 Local Agency Management Program for Minimum OWTS Standards
The Local Agency Management Program for minimum OWTS Standards is a
management program where local agencies can establish minimum standards that are
differing requirements from those specified in Tier 1 (Section 7 and Section 8), including
the areas that do not meet those minimum standards and still achieve this Policy's
purpose. Local Agency Management Programs may include any one or combination of
the following to achieve this purpose:
• Differing system design requirements;
• Differing siting controls such as system density and setback requirements;
• Requirements for owners to enter monitoring and maintenance agreements;
and/or
• Creation of an onsite management district or zone.
9.1 Where different and/or additional requirements are needed to protect water quality
the local agency shall consider the following, as well as any other conditions
deemed appropriate, when developing Local Agency Management Program
requirements:
9.1.1 Degree of vulnerability to pollution from OWTS due to hydrogeological
conditions.
9.1.2 High Quality waters or other environmental conditions requiring enhanced
protection from the effects of OWTS.
9.1.3 Shallow soils requiring a dispersal system installation that is closer to
ground surface than is standard.
9.1.4 OWTS is located in area with high domestic well usage.
28
Tier 2 — Local Agency OWTS Management Program
9.1.5 Dispersal system is located in an area with fractured bedrock.
9.1.6 Dispersal system is located in an area with poorly drained soils.
9.1.7 Surface water is vulnerable to pollution from OWTS.
9.1.8 Surface water within the watershed is listed as impaired for nitrogen or
pathogens.
9.1.9 OWTS ,is located within an area of high OWTS density.
9.1.10 A parcel's size and its susceptibility to hydraulic mounding, organic or
nitrogen loading, and whether there is sufficient area for OWTS expansion in
case of failure.
9.1.11 Geographic areas that are known to have multiple, existing OWTS
predating any adopted standards of design and construction including
cesspools.
9.1.12 Geographic areas that are known to have multiple, existing OWTS located
within either the pertinent setbacks listed in Section 7.5 of this Policy, or a
setback that the local agencies finds is appropriate for that area.
9.2The Local Agency Management Program shall detail the scope of its coverage,
such as the maximum authorized projected flows for OWTS, as well as a clear
delineation of those types of OWTS included within and to be permitted by the
program, and provide the local site evaluation, siting, design, and construction
requirements, and in addition each of the following:
9.2.1 Any local agency requirements for onsite wastewater system inspection,
monitoring, maintenance, and repairs, including procedures to ensure that
replacements or repairs to failing systems are done under permit from the
local governing jurisdiction.
9.2.2 Any special provisions applicable to OWTS within specified geographic
areas near specific impaired water bodies listed for pathogens or nitrogen.
The special provisions may be substantive and/or procedural, and may
include, as examples: consultation with the Regional Water Board prior to
issuing permits, supplemental treatment, development of a management
district or zone, special siting requirements, additional inspection and
monitoring.
9.2.3 Local Agency Management Program variances, for new installations and
repairs in substantial conformance, to the greatest extent practicable.
Variances are not allowed for the requirements stated in sections 9.4.1
through 9.4.9.
9.2.4 Any educational, training, certification, and/or licensing requirements that
will be required of OWTS service providers, site evaluators, designers,
installers, pumpers, maintenance contractors, and any other person
relating to OWTS activities.
9.2.5 Education and/or outreach program including informational materials to
inform OWTS owners about how to locate, operate, and maintain their
29
Fier 2.— Local Agency OWTS Management Program
OWTS as well as any Water Board order (e.g., Basin Plan prohibitions)
regarding OWTS restrictions within its jurisdiction. The education and/or
outreach program shall also include procedures to ensure that alternative
onsite system owners are provided an informational maintenance or
replacement document by the system designer or installer. This document
shall cite homeowner procedures to ensure maintenance, repair, or
replacement of critical items within 48 hours following failure. If volunteer
well monitoring programs are. available within the local agency's
jurisdiction, the outreach program shall include information on how well
owners may participate..
9.2.6 An assessment ofexisting and proposed disposal locations for septage,
the volume of septage anticipated, and whether adequate capacity is
available.
9.2.7 Any consideration given to onsite maintenance districts or zones.
9.2.8 Any consideration given to the development and implementation of, or
coordination with, Regional Salt and Nutrient Management Plans.
9.2.9 Any consideration given to coordination with watershed management
groups.
9.2.10 Procedures for evaluating the proximity of sewer systems to new or
replacement OWTS installations.
9.2.11 Procedures for notifying the -owner of a public water system prior to
issuing an installation or repair permit for, an OWTS, if the OWTS is within.
1,200 feet of an intake point for a surface water treatment plant for
drinking water, is in the drainage area catchment in which the intake point
is located, and is located such that it may impact water quality at the
intake point such as upstream of the intake point for a flowing water body,
or if the OWTS is within a horizontal sanitary setback from a public well.
9.2.12 Policies and procedures that will be followed when a proposed OWTS
dispersal area is within the horizontal sanitary setback of a public well or a
surface water intake point. These policies and procedures shall either
indicate that supplemental treatment as specified in 10.9 and 10.10 of this
policy are required for OWTS that are within a horizontal sanitary setback
of a public well or surface water intake point, or will establish alternate
siting and operational criteria for the proposed OWTS that would similarly
mitigate the potential adverse impact to the public water source.
9.2.13 Any plans for the phase-out or discontinuance of cesspool usage.
9.3 The minimum responsibilities. of the local agency for management of the Local
Agency Management Program include:
9.3.1 Maintain records of the number, location, and description of permits
issued for OWTS where a variance is granted.
30
Tier 2 — Local Agency OWTS Management Program
9.3.2 Maintain a water quality assessment program to determine the general
operation status of OWTS and to evaluate the impact of OWTS
discharges, and assess the extent to which groundwater and local surface
water quality may be adversely impacted. The focus of the assessment
should be areas with characteristics listed under section 9.1. The
assessment program will include monitoring and analysis of water quality
data, review of complaints, variances, failures, and any information
resulting from inspections. The assessment may use existing water
quality data from other monitoring programs and/or establish the terms,
conditions, and timing for monitoring done by the local agency. At a
minimum this assessment will include monitoring data for nitrates and
pathogens, and may include data for other constituents which are needed
to adequately characterize the impacts of OWTS on water quality. Other
monitoring programs for which data may be used include but are not
limited to any of the following:
9.3.2.1. Random well samples from a domestic well sampling program.
9.3.2.2. Routine real estate transfer samples if those are performed and
reported.
9.3.2.3. Review of public system sampling reports done by the local agency
or another municipality responsible for the public system.
9.3.2.4. Water quality testing reports done. at the time of new well
development if those are reported.
9.3.2.5. Beach water quality testing data performed as part of Health and
Safety Code Section 115885.
9.3.2.6. Receiving water sampling performed as a part of a NPDES permit.
9.3.2.7. Data contained in the California Water Quality Assessment
Database.
9.3.2.8. Groundwater sampling performed 'as part of Waste Discharge
Requirements.
9.3.2.9. Groundwater data collected as part of the Groundwater Ambient
Monitoring and Assessment Program and available in the
Geotracker Database.
9.3:3 Submit an annual report by February 1 to the applicable Regional Water
Board summarizing the status of items 9.3.1 through 9.3.2 above. Every
fifth year, submit an evaluation of the monitoring program and an
assessment of whether water quality is being impacted by OWTS,
identifying any changes in the Local Agency Management Program that
will be undertaken to address impacts from OWTS. The first report will
commence one year after approval of the local agency's Local Agency
Management Program. In addition to summarizing monitoring data
collected per 9.3.2 above, all groundwater monitoring data generated by
the local agency shall be submitted in EDF format for inclusion into
31
Tier 2 — Local Agency OWTS Management Program
Geotracker, and surface water monitoring shall be submitted to CEDEN in
a SWAMP comparable format.
9.4 . The following are not allowed to be authorized in a Local Agency Management
Program:
9.4.1 Cesspools of any kind or size.
9.4.2 OWTS receiving a projected flow over 10,000 gallons per day.
9.4.3 OWTS that utilize any form of effluent disposal that discharges on or
above the post installation ground surface such as sprinklers, exposed
drip lines, free -surface wetlands, or a pond.
9.4.4 Slopes greater than 30 percent without a slope stability report approved by
a registered professional.
9.4.5 Decreased leaching area for IAPMO certified dispersal systems using a
multiplier less than 0.70.
9.4.6 OWTS utilizing supplemental treatment without requirements for periodic
monitoring or inspections.
9.4.7 OWTS dedicated to receiving significant amounts of wastes dumped from
RV holding tanks.
9.4.8 Separation of the bottom of dispersal system to groundwater less than two
(2) feet, except for seepage pits, which shall not be less than 10 feet.
9.4.9 Installation of new or replacement OWTS where public sewer is available.
The public sewer may be considered as not available when such public
sewer or any building or exterior drainage facility connected thereto is
located more than 200 feet from.any proposed building or exterior
drainage facility on any lot or premises that abuts and is served by such
public sewer. This provision does not apply to replacement OWTS where
the connection fees and construction cost are greater than twice the total
cost of the replacement OWTS and the local agency determines that the
discharge from the OWTS will not affect groundwater or surface water to a
degree that makes it unfit for drinking or other uses.
9.4.10 Except as provided for in sections 9.4.11 and 9.4.12, new or replacement
OWTS with minimum horizontal setbacks less than any of the following:
9.4.10.1 150 feet from a public water well where the depth of the effluent
dispersal system does not exceed 10 feet in depth.
9.4.10.2 200 feet from a public water well where the depth of the effluent
dispersal system exceeds 10 feet in depth.
9.4.10.3 Where the effluent dispersal system is within 600 feet of a public
water well and exceeds 20 feet in depth the horizontal setback
required to.achieve a two-year travel time for microbiological
contaminants shall be evaluated. A qualified professional shall
conduct this evaluation. However in no case shall the setback be
less than 200 feet.
32
Tier 2 — Local Agency OWTS Management Program
9.4.10.4 Where the effluent dispersal system is within 1,200 feet from a
public water systems' surface water intake point, within. the
catchment of the drainage, and located such that it may impact
water quality at the intake point such as upstream of the intake
point for flowing water bodies, the dispersal system shall be no less
than 400 feet from the high water mark of the reservoir, lake or
flowing water body.
9.4.10.5 Where the effluent dispersal system is located more than 1,200 feet
but less than 2,500 feet from a public water systems' surface water
intake point, within the catchment area of the drainage, and located
such that it may impact water quality at the intake point such as
upstream of the intake point for flowing water bodies, the dispersal
system shall be no less than 200 feet from the high water mark of
the reservoir, lake or flowing water body.
9.4.11 For replacement OWTS that do not meet the above horizontal separation
requirements, the replacement OWTS shall meet the horizontal separation
to the greatest extent practicable. In such case, the replacement OWTS
shall utilize supplemental treatment and other mitigation measures, unless
the permitting authority finds that there is no indication that the previous
system is adversely affecting the public water source, and there is limited
potential that the replacement system could impact the water source
based on topography, soil depth, soil texture, and groundwater separation.
9.4.12 For new OWTS, installed on parcels of record existing at the time of the
effective date of this Policy, that cannot meet the above horizontal
separation requirements, the OWTS shall meet the horizontal separation
to the greatest extent practicable and shall utilize -supplemental treatment
for pathogens as specified in section 10.8 and any other mitigation
measures prescribed by the permitting authority.
9.5 A Local Agency Management Program for OWTS must include adequate detail,
including technical information to support how all the criteria in their program
work together to protect water quality and public health.
9.6 A Regional Water Board reviewing a Local Agency Management Program shall
consider, among other things, the past performance of the local program to
adequately protect water quality, and where this has been achieved with criteria
differing from Tier 1, shall not unnecessarily require modifications to the
program for purposes of uniformity, as long as the Local Agency Management
Program meets the requirements of Tier 2.
33
Tier 3 — Impaired Areas
Tier 3 — Advanced Protection Management Programs for Impaired
Areas
Existing, new, and replacement OWTS that are near impaired water bodies may be
addressed by a TMDL and its implementation program, or special provisions contained
in a Local Agency Management Program. If there is no TMDL or special provisions,
new or replacement OWTS within 600 feet of impaired water bodies listed in Attachment
2 must meet the applicable specific requirements of Tier 3.
10:0 Advanced Protection Management Program
An Advanced Protection Management Program is the minimum required
management program for all OWTS located near a water body that has been listed
as impaired due to nitrogen or pathogen indicators pursuant to Section 303(d) of the
Clean Water Act. Local agencies are authorized to implement Advanced Protection
Management Programs in conjunction with an approved Local Agency Management
Program or, if there is no approved Local Agency Management Program, Tier 1.
Local agencies are encouraged to collaborate with the Regional Water Boards by
sharing any information pertaining to the impairment, provide advice on potential
remedies, and regulate OWTS to the extent that their authority allows for the
improvement of the impairment.
10.1 The geographic area for each water body's Advanced Protection Management
Program is defined by the applicable TMDL, if one has been approved. If there
is not an approved TMDL, it is defined by an approved Local Agency
Management Program, if it contains special provisions for that water body. If it
is not defined in an approved TMDL or Local Agency Management Program, it
shall be 600 linear feet (in the horizontal (map) direction] of a water body listed
in Attachment 2 where the edge of that water body is the natural or levied bank
for creeks and rivers, the high water mark for lakes and reservoirs, and the
mean high tide line for tidally influenced water bodies, as appropriate. OWTS
near impaired water bodies that are not listed on Attachment 2, and do not
have a TMDL and are not covered by a Local Agency Management Program
with special provisions, are not addressed by Tier 3.
10.2 The requirements of an Advanced Protection Management Program will be in
accordance with a TMDL implementation plan, if one has been adopted to
address the impairment. An adopted TMDL implementation plan supersedes
all .,other requirements in Tier 3. All TMDL implementation plans adopted after
the effective date of this Policy that contain load allocations for OWTS shall
include a schedule that requires compliance with the load allocations as soon
as practicable, given the watershed -specific circumstances. The schedule shall
require that OWTS implementation actions for OWTS installed prior to the
TMDL implementation plan's effective date shall commence within 3 years after
the TMDL implementation plan's effective date, and that OWTS implementation
actions for OWTS installed after the TMDL implementation plan's effective date
shall commence immediately. The TMDL implementation plan may use some
or all of the Tier 3 requirements and shall establish the applicable area of
34
Tier 3 — Impaired Areas
implementation for OWTS requirements within the watershed. For those
impaired water bodies that do have an adopted TMDL addressing the
impairment, but the TMDL does not assign a load allocation to OWTS, no
further action is required unless the TMDL is modified at some point in the
future to include actions for OWTS. Existing, new, and replacement OWTS that
are near impaired water bodies and are covered by a Basin Plan prohibition
must also comply with the terms of the prohibition, as provided in Section 2.1.
10.3 In the absence of an adopted TMDL implementation plan, the requirements of
an Advanced Protection Management Program will consist of any special.
provisions for the water body if any such provisions have been approved as
part of a Local Agency Management Program.
10.4 The Regional Water Boards shall adopt TMDLs for impaired water bodies
identified in Attachment 2, in accordance with the specified dates.
10.4.1 If a Regional Water Board does not complete a TMDL within two years of
the time period specified in Attachment 2, coverage under this Policy's
waiver of waste discharge requirements shall expire for any OWTS that
has any part of its dispersal system discharging within the geographic
area of an Advanced Protection Management Program. The Regional .
Water Board shall issue waste discharge requirements, general waste
discharge requirements, waivers of waste discharge requirements, or
require corrective action for such OWTS. The Regional Water Board will
consider the following when establishing the waste discharge
requirements, general waste discharge requirements, waivers of waste
discharge requirements, or requirement for corrective action:
10.4.1.1 Whether supplemental treatment should be required.
10.4.1.2 Whether routine inspection of the OWTS should be required.
10.4.1.3 Whether.monitoring of surface and groundwater should be
performed.
10.4.1.4 The collection of a fee for those OWTS covered by the order.
10.4.1.5 Whether owners of previously -constructed OWTS should file a
report by a qualified professional in accordance with section 10.5.
10.4.1.6 Whether owners of new or replacement OWTS should file a report
of waste discharge with additional supporting technical information
as required by the Regional Water Board.
10.5 If the Regional Water Board requires owners of OWTS to submit a qualified
professional's report pursuant to Section 10.4.1.5, the report shall include a
determination of whether the OWTS is functioning properly and as designed or
requires corrective actions per Tier 4, and regardless of its state of function,
whether it is contributing to impairment of the water body.
10.5.1 The qualified professional's report may also include, but is not limited to:
35
Tier 3 — Impaired Areas
10.5.1.1 A general description of system components, their physical, layout,
and horizontal setback distances from property lines, buildings, wells,
and surface waters.
10.5.1.2 A description of the type of wastewater discharged to the OWTS
such as domestic, commercial, or industrial and classification of it as
domestic wastewater or high-strength waste.
10.5.1.3 A determination of the systems design flow and the volume of
wastewater discharged daily derived from water use, either estimated
or actual if metered.
10.5.1.4 A description of the septic tank, including age, size, material of
construction, internal and external condition, water level, scum layer
thickness, depth of solids, and the results of a one-hour hydrostatic
test.
10.5.1.5 A description of the distribution box, dosing siphon, or distribution
pump, and if flow is being equally distributed throughout the dispersal
system, as well as any evidence of solids carryover, clear water
infiltration, or evidence of system backup.
10.5.1.6 A description of the dispersal system including signs of hydraulic
failure, condition of surface vegetation over the dispersal system,
level of ponding above the infiltrative surface within the dispersal
system, other possible sources of hydraulic loading to the dispersal
area, and depth of the seasonally high groundwater level.
10.5.1.7 A determination of whether the OWTS is discharging to the ground's
surface.
10.5.1.8 For a water body listed as an impaired water body for pathogens, a
determination of the OWTS dispersal system's separation from its
deepest most infiltrative surface to the highest seasonal groundwater
level or fractured bedrock.
10.5.1.9 For a water body listed as an impaired water body for nitrogen, a
determination of whether the groundwater under the dispersal field is
reaching the water body, and a description of the method used to
make the determination.
10.6 For new, replacement, and existing OWTS in an Advanced Protection
Management Program, the following are not covered by this Policy's waiver but
may be authorized by a separate Regional Water Board order:
10.6.1 Cesspools of any kind or size.
10..6.2 OWTS receiving a projected flow over 10,000 gallons per day.
10.6.3 OWTS that utilize any form of effluent disposal on or above the ground
surface.
10.6.4 Slopes greater than 30 percent without a slope stability report approved by
a registered professional.
36
Tier 3 — Impaired Areas
10.6.5 Decreased leaching area.for IAPMO certified dispersal systems using a
multiplier less than 0.70.
10.6.6 OWTS utilizing supplemental treatment without requirements for periodic
monitoring or inspections.
10.6.7 OWTS dedicated to receiving significant amounts of wastes dumped from
RV holding tanks.
10.6.8 Separation of the bottom of dispersal system to groundwater less than two
(2) feet,. except for seepage pits, which shall not be less than 10 feet.
10.6.9 Minimum horizontal setbacks less than any of the following:
10.6.9.1 150 feet from a public water well where the depth of the effluent
dispersal system does, not exceed 10 feet in depth;
10.6.9.2 200 feet from a public water well where the depth of the effluent
dispersal system exceeds 10 feet. in depth:
10.6.9.3 Where the effluent dispersal system is within 600 feet of a public
water well and exceeds 20 feet in depth the horizontal setback
required to achieve a two-year travel time for microbiological
contaminants shall be evaluated.. A qualified professional shall
conduct this evaluation. However in no case shall the setback be
less than 200 feet.
10.6.9.4 Where the effluent dispersal system is within 1,200 feet from a
public water systems' surface water intake point, within the
catchment of the drainage, and located such that it may impact
water quality at the intake point such as upstream of the intake
point for flowing water bodies, the dispersal system shall be no less
than 400 feet from the high water mark of the reservoir, lake or
flowing water body.
10.6.9.5 Where the effluent dispersal system is located more than 1,200 feet
but less than 2,500 feet from a public water systems' surface water
intake point, within the catchment of the drainage, and located such
that it may impact water quality at the intake point such as
upstream of the intake point for flowing water bodies, the dispersal
system shall be no less. than 200 feet from the high water mark of
the reservoir, lake or flowing water body.
10.6.9.6 For replacement OWTS that do not meet the above horizontal
separation requirements, the. replacement OWTS shall meet the
horizontal separation to the greatest extent practicable. In such
case, the replacement OWTS shall utilize supplemental treatment
and other mitigation measures.
10.6.9.7 For new OWTS, installed on parcels of record existing at the time of
the effective date of this Policy, that cannot meet the above
horizontal separation requirements, the OWTS shall meet the
horizontal separation to the greatest extent practicable and shall
37
Tier 3 — Impaired Areas
utilize supplemental treatment for pathogens as specified in section
10.10 and any other mitigation measures as prescribed by the
permitting authority.
10.7 The requirements contained in Section 10 shall not apply to owners of OWTS
that are constructed and operating, or permitted, on or prior to the date that the
nearby water body is added to Attachment 2 who commit by way of a legally
binding document to connect to a centralized wastewater collection and
treatment system regulated through WDRs as specified within the following
timeframes:
10.7.1 The owner must sign the document within forty-eight months of the date
that the nearby water body is initially listed on Attachment 2.
10.7.2 The specified date for the connection to the centralized community
wastewater collection and treatment system shall not extend beyond nine
years following the date that the nearby water body is added to
Attachment 2.
10.8 In the absence of an adopted TMDL implementation plan or Local Agency
Management Program containing special provisions for the water body, all new
or replacement OWTS permitted after the date that the water body is initially
listed in Attachment 2 that have any discharge within the geographic area of an
Advanced Protection Management Program shall meet the following
requirements:
10.8.1 Utilize supplemental treatment and meet performance requirements in
10.9 if impaired for nitrogen and 10.10 if impaired for pathogens,
10.8.2 Comply with the setback requirements of Section 7.5.1 to 7.5.5, and
10.8.3 Comply with any applicable Local Agency Management Program
requirements.
10.9 Supplemental treatment requirements for nitrogen
10.9.1 Effluent from the supplemental treatment components designed to .
reduce nitrogen shall be certified by NSF, or other approved third party
tester, to meet a 50 percent reduction in total nitrogen when comparing
the 30 -day average influent to the 30 -day average effluent.
10.9.2 Where a drip -line dispersal.system is used to enhance vegetative
nitrogen uptake, the dispersal system shall have at least six (6) inches
of soil cover.
M-1
Tier.3 — Impaired Areas
10.10 Supplemental treatment requirements for pathogens
10.10.1 Supplemental treatment components designed to perform
disinfection shall provide sufficient pretreatment of the wastewater so that
effluent from the supplemental treatment components does not exceed a
30 -day average TSS of 30 mg/L and shall further achieve an effluent
fecal coliform bacteria concentration less than or equal to 200 Most
Probable Number (MPN) per 100 milliliters.
10.10.2 The minimum soil depth and the minimum depth to the anticipated
highest level of groundwater below the bottom of the dispersal system
shall not be less than three (3) feet. All dispersal systems shall have at
least twelve (12) inches of soil cover.
10.11 OWTS in an Advanced Protection Management Program with supplemental
treatment shall be designed to meet the applicable performance requirements
above and shall be stamped or approved by a Qualified Professional.
10.12 Prior to the installation of any proprietary treatment OWTS in an Advanced
Protection Management Program, all such treatment components shall be
tested by an independent third party testing laboratory.
10.13 The ongoing monitoring of OWTS in an Advanced Protection Management
Program with supplemental treatment components designed to meet the
performance requirements in Sections 10.9 and 10.10 shall be monitored in
accordance with the operation and maintenance manual for the OWTS or
more frequently as required by the local agency or Regional Water Board.
10.14 OWTS in an Advanced Protection Management Program With supplemental
treatment components shall be equipped with a visual or audible alarm as
well as a telemetric alarm that alerts the owner and service provider in the
event of system malfunction. Where telemetry is not possible, the owner or
owner's agent shall inspect the system at least monthly while the system is in
use as directed and instructed by a service provider and notify the service
provider not less than quarterly of the observed operating parameters of the
OWTS.
10.15 OWTS in an Advanced Protection Management Program designed to meet
the disinfection requirements in Section 10.10 shall be inspected for proper
operation quarterly while the system is in use by a service provider unless a
telemetric monitoring system is capable of continuously assessing the
operation of the disinfection system. Testing of the wastewater flowing from
supplemental treatment components that perform disinfection shall be
sampled at a point in the system after the treatment components and prior to
the dispersal system and shall be conducted quarterly based on analysis of
total coliform with a minimum detection limit of 2.2 MPN. All effluent samples
must include the geographic coordinates of the sample's location. Effluent
samples shall be taken by a service provider and analyzed by a California
Department of Public Health certified laboratory.
39
Tier 3 — Impaired Areas
10.16 The minimum responsibilities of a local agency administering an Advanced
Protection Management Program include those prescribed for the Local
Agency Management Programs in Section 9.3 of this policy, as well as
monitoring owner compliance with Sections 10.13, 10.14,and 10.15.
We
Tier 4 — OWTS Requiring Corrective Action
Tier 4 — OWTS Requiring Corrective Action
OWTS that require corrective action or are either presently failing or fail at any time
while this Policy is 'in effect are automatically included in Tier 4 and must follow the
requirements as specified. OWTS included in Tier 4 must continue to meet applicable
requirements of Tier 0, 1; 2 or 3 pending completion,of corrective action.
11.0 Corrective Action for OWTS
11.1 Any OWTS that has pooling effluent, discharges wastewater to the surface, or
has wastewater backed up into plumbing fixtures, because its dispersal
system is no longer adequately percolating the wastewater is deemed to be
failing, no longer meeting its primary purpose to protect public health, and
requires major repair, and as such the dispersal system must be replaced,
repaired, or modified so as to return to proper function and comply with Tier 1,
2, or 3 as appropriate.
11.2 Any OWTS septic tank failure, such as a baffle failure or tank structural
integrity failure such that either wastewater is exfiltrating or groundwater is
infiltrating is deemed to be failing, no longer meeting its primary purpose to
protect public health, and requires major repair, and as such shall require the
septic tank to be brought into compliance with the requirements of Section 8
in Tier 1 or a Local Agency Management Program per Tier 2.
11.3 Any OWTS that has a failure of one of its components other than those
covered -by 11.1 and 11.2 above, such as a distribution box or broken piping
connection, shall have that component repaired so as to return the OWTS to
a proper functioning condition and return to Tier 0, 1, 2, or 3.
11.4 Any OWTS that has affected, or will affect, groundwater or surface water to a
degree that makes it unfit for drinking or other uses, or is causing a human
health or other public nuisance condition shall be modified or upgraded so as
to abate its impact.
11.5 If the owner of the OWTS is not able to comply with corrective action
requirements of this section, the Regional Water Board may authorize repairs
that are in substantial conformance, to the greatest extent practicable, with
Tiers 1 or 3, or may require the owner of the OWTS to submit a report of
waste discharge for evaluation on a case-by-case basis. Regional Water
Board response to such reports of waste discharge may include, but is not
limited to, enrollment in general waste discharge requirements, issuance of
individual waste discharge requirements, or issuance of waiver of waste
discharge requirements. A local agency may authorize repairs that are in
substantial conformance, to the greatest extent practicable, with Tier 2 in
accordance with section 9.2.3 if there is an approved Local Agency
Management Program, or with an existing program if a Local Agency
Management Program has not been approved and it is less than 5 years from
the effective date of the Policy.
41
Tier 4 — OWTS Requiring Corrective Action
11.6 Owners of OWTS will address any corrective action requirement of Tier 4 as
soon as is reasonably possible, and must comply with the time schedule of.
any corrective action notice received from a local agency or Regional Water
Board, to retain coverage under this Policy.
11.7 Failure to meet the requirements of Tier 4 constitute a failure to meet the
conditions of the waiver of waste discharge requirements contained in this
Policy, and is subject to further enforcement action.
42
Waiver — Effective Date — Financial Assistance
Conditional Waiver of Waste Discharge Requirements
12.0 In accordance with Water Code section 13269, the State Water Board hereby
waives the requirements to submit a report of waste discharge, obtain waste
discharge requirements, and pay fees for discharges from OWTS covered by this
Policy. Owners of OWTS covered by this Policy shall comply with the following
conditions:
12.0.1 The OWTS shall function as designed with no surfacing effluent.
12.0.2 The OWTS shall not utilize a dispersal system that is in soil saturated with
groundwater.
12.0.3 The OWTS shall not be operated while inundated by a storm or flood
event.
12.0.4 The OWTS shall not cause or contribute to a condition of nuisance or
pollution.
12.0.5 The OWTS shall comply with all applicable local agency codes,
ordinances, and requirements.
12.0.6 The* OWTS shall comply with and meet any applicable TMDL
implementation requirements, special provisions for impaired water
bodies, or supplemental treatment req uirements.imposed by Tier 3.
1.2.0.7 The OWTS shall comply with any corrective action requirements of Tier 4.
12.1. This waiver maybe revoked by the State Water Board or the applicable Regional
Water Board for any discharge from an OWTS, or from a category of OWTS.
Effective Date
13.0 This Policy becomes effective six months after its approval by the Office of
Administrative Law, and all deadlines and compliance dates stated herein start at
such time.
43
Waiver — Effective Date — Financial Assistance
Financial Assistance
14.0 Local Agencies may apply to the State Water Board for. funds from the Clean
Water State Revolving Fund. for use in mini -loan programs that provide low
interest loan assistance to private property owners with costs associated with
complying with this Policy.
14.1 Loan interest rates for loans to local agencies will be set by the State
Water Board using its policies, procedures, and strategies for
implementing the Clean Water State Revolving Fund program, but will
typically be one-half of the States most recent General Obligation bond
sale. Historically interest rates have ranged between 2.0 and 3.0 percent.
14.2 Local agencies may add additional interest points to their loans made to
private entities to cover theircosts of administering the mini -loan program.
14.3 Local agencies may submit their suggested loan eligibility criteria for the
min -loan program they wish to establish to_ the State Water Board for
approval, but should consider the legislative intent stated in Water Code
Section 13291.5 is that assistance is encouraged for private property
owners whose cost of complying with the requirements of this policy
exceeds one-half of one percent of the current assessed value of the
property on which the OWTS is located.
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SB renews Waiver
End of initial period for
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SB renews Waiver ;� 0 0
Local Authority o cn
adjustment period
W O v
RB review and approval
T Local Authorities Develop
N and submit Program
align Basin Plans
With Policy
Effective Date
m E
Policy and Waiver Adopted
LO
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Assessment report
Assessment report of
OVV i"S impacts every
fifth year
First report starts
on 4t' year
Local Agency Annual Reports
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Attachment 2
The tables below specifically identify those impaired water bodies where: (1) it is likely that operating OWTS will subsequently be
determined to be a contributing source of pathogens or nitrogen and therefore it is anticipated that OWTS would receive a loading
reduction, and (2) it is likely that new OWTS installations discharging within 600 feet of the water body would contribute to the
impairment. Per this Policy (Tier 3, Section 10) the Regional Water Boards must adopt a TMDL by the date specified in the table. The
State Water Board, at the time of approving future 303 (d) Lists, will specifically identify those impaired water bodies that are to be
added or removed from the tables below.
Table 5. Water Bodies impaired for pathogens that are subject to Tier 3 as of 2012.
46
O
TMDL
w2
Completion
REGION NAME
WATERBODY NAME
COUNTIES
Date
1
North Coast
Clam Beach
Humboldt
2020
1
North Coast
Luffenholtz Beach
Humboldt
2020
1
North Coast
Moonstone County Park
Humboldt
2020
1
North Coast
Russian River HU, Lower Russian River HA, Guerneville HSA,
Sonoma
2016
mainstem Russian River from Fife Creek to Dutch Bill Creek
1
North Coast
Russian River HU, Lower Russian River HA, Guerneville HSA,
Sonoma
2016
Green Valley Creek watershed
1
North Coast
Russian River HU, Middle Russian River HA, Geyserville HSA,
Sonoma
2016
mainstem Russian River at Healdsburg Memorial Beach and
unnamed tributary at Fitch Mountain
1
North Coast
Russian River HU, Middle Russian River HA, mainstem
Sonoma
2016
Laguna de Santa Rosa
1
North Coast
Russian River HU, Middle Russian River HA, mainstem Santa
Sonoma
2016
Rosa Creek
1
North Coast
Trinidad State Beach
Humboldt
2020
2
San Francisco
China Camp Beach
Marin
Bay
2014
2
San Francisco
Lawsons Landing
Marin
Bay
2015
San Francisco
2
Bay
Pacific Ocean at Bolinas Beach
Marin
2014
46
Attachment 2
Z
O C
w
W
REGION NAME
WATERBODY NAME
COUNTIES
TMDL
Completion
Date
2
San Francisco
Bay
Pacific Ocean at Fitzgerald Marine Reserve
San Mateo
2016
2
San Francisco
Bay
Pacific Ocean at Muir Beach
Marin
2015
2
San Francisco
Bay
Pacific Ocean at Pillar Point Beach
San Mateo
2016
2
San Francisco
Bay
Petaluma River
Marin, Sonoma
2017
2
San Francisco
Bay
Petaluma River (tidal portion)
Marin, Sonoma
2017
2
San Francisco
Bay
San Gregorio Creek
San Mateo
2019
3
Central Coast
Pacific Ocean at Point Rincon (mouth of Rincon Cr, Santa
Barbara County)
Santa Barbara
2015
3
Central Coast
Rincon Creek
Santa Barbara,
Ventura
2015
4
Los Angeles
Canada Larga (Ventura River Watershed)
Ventura
2017
4
Los Angeles
Coyote Creek
Los Angeles, Orange
2015
4
Los Angeles
Rincon Beach
Ventura
2017
4
Los Angeles
San Antonio Creek (Tributary to Ventura River Reach 4)
Ventura
2017
4
Los Angeles
San Gabriel River Reach 1 (Estuary to Firestone)
Los Angeles
2015
4
Los Angeles
San Gabriel River Reach 2 (Firestone to Whittier Narrows
Dam
Los Angeles
2015
4
Los Angeles
San Gabriel River Reach 3 (Whittier Narrows to Ramona)
Los Angeles
2015
4
Los Angeles
San Jose Creek Reach 1 (SG Confluence to Temple St.)
Los Angeles
2015
4
Los Angeles
San Jose Creek Reach 2 (Temple to 1-10 at White Ave.)
Los Angeles
2015
4
Los Angeles
Sawpit Creek
Los Angeles
2015
4
Los Angeles
Ventura River Reach 3 (Weldon Canyon to Confl. w/ Coyote
Cr)
Ventura
2017
4
Los Angeles
Walnut Creek Wash (Drains from Puddingstone Res)
Los Angeles
2015
5
Central Valley
Wolf Creek (Nevada County)
Nevada, Placer
2020
5
Central Valley
Woods Creek (Tuolumne County)
Tuolumne
2020
7
Colorado River
Alamo River
Imperial
2017
47
Attachment 2
O_ C
C7
W
REGION NAME
WATERBODY NAME
COUNTIES
TMDL
Completion
Date
7
Colorado River
Palo Verde Outfall Drain and Lagoon
Imperial, Riverside
2017
8
1 Santa Ana
Canyon Lake (Railroad Canyon Reservoir)
Riverside
2019
8
Santa Ana
Fulmor, Lake
Riverside
2019
8
Santa Ana
Goldenstar Creek
Riverside
2019
8
Santa Ana
Los Trancos Creek (Crystal Cove Creek)
Orange
2017
8
Santa Ana
Lytle Creek
San Bernardino
2019
8
1 Santa Ana
Mill Creek Reach 1
San Bernardino
2015
8
Santa Ana
Mill Creek Reach 2
San Bernardino
2015
8
Santa Ana
Morning Canyon Creek
Orange
2017
8
Santa Ana
Mountain Home Creek
San Bernardino
2019
8
Santa Ana
Mountain Home Creek, East Fork
San Bernardino
2019
8
Santa Ana
Silverado Creek
Orange
2017
8
Santa Ana
Peters Canyon Channel
Orange
2017
8
Santa Ana
Santa Ana River, Reach 2
Orange, Riverside
2019
8
Santa Ana
Temescal Creek, Reach 6 (Elsinore Groundwater sub basin
boundary to Lake Elsinore Outlet)
Riverside
2019
8
Santa Ana
Seal Beach
Orange
2017
8
Santa Ana
Serrano Creek
Orange
2017
8
Santa Ana
Huntington Harbour
Orange
2017
Attachment 2
Table 6. Water Bodies impaired for nitrogen that are subject to Tier 3.
6
z
z
O
TMDL
5
Completion
REGION NAME
WATERBODY NAME
COUNTIES
Date
Russian River HU, Middle Russian River HA, mainstem
1
North Coast
Laguna de Santa Rosa
Sonoma
2015
San Francisco
2
Bay
La unitas Creek
Marin
2016
San Francisco
2
1 Bay
Napa River
Napa, Solano
2014
San Francisco
2
Bay
Petaluma River
Marin, Sonoma
2017
San Francisco
2
Bay
Petaluma River tidalportion)
Marin, Sonoma
2017
San Francisco
2
Bay
Sonoma Creek
Sonoma
2014
San Francisco
2
Bay
Tomales Bay
Marin
2019
San Francisco
2
Bay
Walker Creek
Marin
2016
4
Los Angeles
Malibu Creek
Los Angeles
2016
4
Los Angeles
San Antonio Creek Tributary to Ventura River Reach 4
Ventura
2013
8
Santa Ana
East Garden Grove Wintersburg Channel
Orange
2017
8
Santa Ana
Grout Creek
San Bernardino
2015
8
Santa Ana
Rathbone Rathbun Creek
San Bernardino
2015
8
Santa Ana
Summit Creek
San Bernardino
2015
8
Santa Ana
Serrano Creek
Orange
2017
EYI
Attachment 3
Regional Water Boards, upon mutual agreement, may designate one Regional :Water
Board to regulate a person or entity that is under the jurisdiction of both (Water Code
Section 13228). The following table identifies the designated Regional Water Board for
all counties within the State for purposes of reviewing and, if appropriate, approving new
Local Agency Management Plans.
Table 7. Regional Water Board designations by County.
County
Regions with
Jurisdiction
Designated
Region
Alameda
2,5
2.
Alpine
5,6
6
Amador
5
5
Butte
5
5
Calaveras
5
5
Colusa
5
5
Contra
Costa
2,5
2
Del Norte
1
1
EI Dorado
5,6
5
Fresno
5
5
Glenn
5,1
5
Humboldt
1
1
Imperial
7
7
Ino
6
6
Kern
3,4,5,6
5
Kings
5
5
Lake
5,1
5
Lassen
5,6
6
Los Angeles
4,6
4
Madera
5
5
Marin
2,1
2
Mariposa
5
5
Mendocino
1
1
Merced
5
5
Modoc
1,5,6
5
Mono
6
6
Monterey
3
3
Napa
2,5
2
Nevada
5,6
5
Orange
8,9
8
50
County
Regions with
Jurisdiction
Designated
Region
Placer
5,6
5
Plumas
5
5
Riverside
7,819
7
Sacramento
5
5
San Benito
3,5
3
San
Bernardino
6,7,8
6
San Diego
9,7
9
San
Francisco
2
2
San Joaquin
5
5
San Luis
Obiso
. 3,5
3
San Mateo
2,3
2
Santa
Barbara
3
3
Santa Clara
2,3
2
Santa Cruz
3
3
Shasta
5
5
Sierra
5,6
5
Siski ou
1,5
1
Solano
2,5
5
Sonoma
1,2
1
Stanislaus
5
5
Sutter
5
5
Tehama
5
5
Trinity
1
1
Tulare
5
5
Tuolumne
5
5
Ventura
4,3
4
Yolo
5
5
Yuba
5
5
A' "TACMIdENT 5
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 in the General Plan to maintain, improve or'expan- d
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 providing• and
maintaining public ' utilities and infrastructure that §ewe's 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
SANITARY DRAINAGE
710.13 Macerating Toilet Systems. Listed macerating
toilet systems shall be permitted as an alternate to a sewage
pump system where approved by the Authority Having
Jurisdiction.
710.13.1 Sumps. The sump shall be water- and
gastight.
710.13.2 Discharge Piping. The discharge piping shall
be sized in accordance with manufacturer's instruc-
tions and shall be not less than '/4 of an inch (20 mm)
in diameter. The developed length of the discharge
piping shall not exceed the manufacturer's instructions.
A check valve and fullway-type shutoff valve shall be
located within the discharge line or internally within
the device.
710.13.3 Venting. The plumbing fixtures that
discharge into the macerating device shall be vented in
accordance with this code. The sump shall be vented in
accordance with the manufacturer's instructions and
such vent shall be permitted to connect to the fixture
venting.
711.0 Suds Relief.
711.1 General. Drainage connections shall not be made
into a drainage piping system within 8 feet (2438 mm) of a
vertical to horizontal change of direction of a stack
containing suds -producing fixtures. Bathtubs, laundries,
washing machine standpipes, kitchen sinks, and dish-
washers shall be considered suds -producing fixtures.
Where parallel vent stacks are required, they shall connect
to the drainage stack at a point 8 feet (2438 mm) above the
lowest point of the drainage stack.
Exceptions:
(1) Single-family residences
(2) Stacks receiving the discharge from less than three
stories of plumbing fixtures
712.0 Testing.
712.1 Media. The piping of the plumbing, drainage, and
venting systems shall be tested with water or air except that
plastic pipe shall not be tested with air. The Authority
Having Jurisdiction shall be permitted to require the
removal of cleanouts, etc., to ascertain whether the pressure
has reached all parts of the system. After the plumbing
fixtures have been set and their traps filled with water, they
shall be submitted to a final test.
712.2 Water Test. The water test shall be applied to the
drainage and vent systems either in its entirety or in sections.
Where the test is applied to the entire system, openings in the
piping shall be tightly closed, except the highest opening,
and the system filled with water to point of overflow. Where
the system is tested in sections, each opening shall be tightly
plugged, except the highest opening of the section under test,
and each section shall be filled with water, but no section
shall be tested with less than a 10 foot (3048 mm) head of
water. In testing successive sections, not less than the upper
10 feet (3048 mm) of the next preceding section shall be
ATTACHMENT 6
tested, so that no joint or pipe in the building (except the
uppermost 10 feet (3048 mm) of the system) shall have been
submitted to a test of less than a 10 foot (3048 mm) head of
water. The water shall be kept in the system, or in the portion
under test, for.not less than 15 minutes before inspection
starts. The system shall then be tight at points.
712.3 Air Test. The air test shall be made by attaching an
air compressor testing apparatus to a suitable opening and,
after closing all other inlets and outlets to the system, forcing
air into the system until there is a uniform gauge pressure of
5 pounds -force per square inch (psi) (34 kPa) or -sufficient to
balance a column of mercury 10 inches (34 kPa) in height.
The pressure shall be held without introduction of additional
air for a period of not less than 15 minutes.
Part II — Building Sewers..
713.0 Sewer Required.
713.1 Where Required. A building in which plumbing
fixtures are installed and premises having drainage piping
thereon shall have a connection to a public or private sewer,
except as provided in Section 101.8, Section 713.2, and
Section 713.4.
713.2 Private Sewage Disposal System. Where no public
sewer intended to serve a lot or premises is available in a
thoroughfare or right of way abutting such lot or premises,
drainage piping from a building or works shall be
connected to an approved private sewage disposal system.
713.3 Public Sewer.. Within the limits prescribed by
Section 713.4 hereof, the rearrangement or subdivision into
smaller parcels of a lot that abuts and is served by a public
sewer shall not be deemed cause to permit the construction
of a private sewage disposal system, and plumbing or
drainage systems on a smaller parcel or parcels shall
connect to the public sewer.
713.4 Public Sewer Availability. The .public sewer shall
be permitted to be considered as not being available where
such public sewer or a building or an exterior drainage
facility connected thereto is located more than 200 feet (60
960 mm) from a proposed building or exterior drainage
facility on a lot or premises that abuts and is served by such
public sewer.
(HCD IJ For residential occacpancies, the public sewer
may be considered as not being available by the Authority
Having Jurisdiction.
713.5 Permit. No permit shall be issuedfor the installation,
alteration, or repair of a private sewage disposal system, or
part thereof, on a lot for which a connection with a public
sewer is available.
713.6 Lot. On every lot or premises hereafter connected to
a public sewer, plumbing and drainage systems or parts
thereof on such lot or premises shall be connected with
such public sewer.
713.7 Installation. In cities, counties, or both :where the
installation of building sewers is under the jurisdiction of a
department other than the Authority Having Jurisdiction,
1 Al) .8147/ AI IC/11"f IIIA 11111rtnnlAll+l1P1110-
the provisions of this code relating to building sewers need
not apply.
Exception: Single-family dwellings and buildings or struc-
tures accessory thereto, existing and connected to an
approved private sewage disposal system prior to the time
of connecting the premises to the public sewer shall be
permitted, where no hazard, nuisance, or insanitary condi-
tion is evidenced and written permission has been obtained
from the Authority Having Jurisdiction, remain connected
to such properly maintained private sewage disposal system
where there is insufficient grade or fall to pen -nit drainage
to the sewer by gravity.
714.0 Damage to Public Sewer. or Private Sewage
Disposal System.
714.1 Unlawful Practices. It shall be unlawful for a person
to deposit,by means whatsoever, into a plumbing fixture,
floor drain, interceptor, sump, receptor, or device which is
connected to a drainage system, public sewer, private
sewer, septic tank, or cesspool, ashes; cinders; solids; rags;
flammable, poisonous, or explosive liquids or gases; oils;
grease; and whatsoever that is capableof causing damage
to the public sewer, private sewer, or private sewage
disposal system.
714.2 Prohibited Water Discharge. No rain, surface, or
subsurface water shall be connected to or discharged into a
drainage system, unless first approved by the Authority
Having Jurisdiction.
714.3 Prohibited Sewer Connection. No cesspool, septic
tank, seepage pit, or drain field shall be connected to a
public sewer or to a building sewer leading to such public
sewer.
714.4 Commercial Food Waste Grinder. The Authority
Having Jurisdiction shall review before approval, the instal-
lation of a commercial food waste grinder connecting to a
private sewage disposal system.
714.5 Tanks. An approved -type, watertight sewage or
wastewater holding tank, the contents of which, due to their
character, shall be periodically removed and disposed of at
some approved off-site location, shall be installed where
required by the Authority Having Jurisdiction or the Health
Officer to prevent anticipated surface or subsurface
contamination or pollution, damage to the public sewer, or
other hazardous or nuisance conditions.
715.0 Building Sewer Materials.
715.1 Materials. The building sewer, beginning 2 feet (6 10
mm) from a building or structure, shall be of such materials
as prescribed in this code.
715.2 Joining Methods and Materials. Joining methods
and materials shall be as prescribed in this code.
715.3 Existing Sewers. Replacement of existing building
sewer- and building storm sewers using trenchless method-
ology and materials shall be installed in accordance with
1 ASTM F 1216.
SANITARY DRAINAGE
716.0 Markings.
716,1 General. Pipe, brick, block, prefabricated septic
tanks,- prefabricated septic tank or seepage pit covens, or
other parts or appurtenances incidental to the installation of
building sewers or private sewage disposal systems shall be
in accordance with the approval requirements of Chapter 3
of this code.
717.0 Size of Building Servers.
717.1 General. The minimum size of a building sewer
shall be determined on the _basis of the total number of
fixture units drained by such sewer, in accordance with
Table 717.1. No building sewer shall be smaller than the
building drain.
For alternate methods of sizing building sewers, see
Appendix C.
717.2 [AGRI [Pleat and Poultry Processing Plants. The
sewer system shall have the capacity to remove all waste
fi-om the various processing and cleaning operations and to
minimize or prevent stoppage and surchartiing at the
system.
TABLE 717.1
MAXIMUM/MINIMUM FIXTURE UNIT LOADING
ON BUILDING SEWER PIPING*
SIZE OF PIPE (inches per foot)
(inches) - ----- -- - --- --- - - — :.
--- ------ ---r� --'-- 1/16 -- --'--- 1/8 i 1/4 i
6 and smaller ( (As specified in Table 703.2/
No minimum loading) —�
8 1950/1500 2800/625 1 3900/275
10 ' 3400/1600 4900/675 6800/300
_._-.... --_-.12_.._--- ?-5600/1700. 8000/725 ; 11 200/325
For SI units: l inch = 25 mm, 1 inch per foot = 83.3 min/in
* See also Appendix H, Private Sewage Disposal Systems. For alternate
methods of sizing drainage piping, see Appendix C.
718.0 Grade, Support, and,Protection of Building
Sewers.
718.1 Slope. Building sewers shall be run in practical
alignment and at a uniform slope of not less than '/4 inch
per foot (20.8 mm/m) toward the point of disposal.
Exception: Where approved by the Authority Having
Jurisdiction and where it is impractical, due to the depth of
the street sewer or to the structural features or to the
arrangement of a building or structure, to obtain a slope of
'/a inch per foot (20.8 mm/m), such pipe or piping 4 inches
(100 mm) through 6 inches (150 mm) shallbe permitted to
/e
have a slope of not less than ' inch per foot (10.4 mm/m)
and such piping 8 inches (200 mm) and.larger shall be
permitted to have a slope of not less than %r, inch per foot
(5.2 mm/m).
718.2 Support. Building sewer piping shall be laid on a
firm bed throughout its entire length, and such piping laid
in made or filled-in ground shall be laid on a bed of
2013 CALIFORNIA PLUMBING CODE ia�
ATTACHMENT 7
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 Director_ f
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 B 11-62 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.sccg'ov.org/sites/deh/Consumer%20Protection%2ODivisior /Program%20
and%20Services/Land%2OUse%20Program/Documents/OWTS/Onsiie_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