§ 18C-3. General provisions.

(A)

Requirement for Adequate Wastewater Treatment.

(1)

Any structure, regardless of use, that produces wastewater shall have adequate wastewater treatment as required by the California Plumbing Code, as amended and adopted by the County of Santa Barbara in chapter 10, article IV. Wastewater treatment shall either be accomplished by means of an approved onsite wastewater treatment system or connection to a public sewer.

(2)

The minimum daily design flow for residences shall be three hundred-seventy five gallons per day for up to three bedrooms. Each additional bedroom above three shall increase the daily design flow by seventy-five gallons per day.

(3)

Chemical toilets may be used only on a temporary or occasional basis.

(4)

A supplemental treatment system for new or replacement onsite wastewater treatment systems shall be required under any one of the following conditions:

a)

The following shall apply to areas designated by the board of supervisors as a "special problem area" for the use of onsite wastewater treatments systems due to treatment and dispersal constraints:

i)

If the existing onsite wastewater treatment system is found to no longer meet minimum standards to serve a proposed project that requires a land use permit, coastal development permit, or building permit, then a supplemental treatment system shall be installed.

ii)

If the existing onsite wastewater treatment system dispersal field has failed, then a supplemental treatment system shall be installed. Replacement of tanks and repairs not requiring permits do not trigger the requirement for supplemental treatment.

iii)

For projects that require onsite wastewater treatment system modifications, including but not limited to, bedroom additions, intensification of use and major remodels, then supplemental treatment shall be installed. Projects and uses that add development area but not additional flow will not be required to install supplemental treatment.

iv)

If the project is located within the designated special problems area on a parcel with the AG-I, AG-II, RR, 3-E-1, 5-E-1, 10-E-1, or 3.5-EX-1 zone district, and the parcel is equal to or greater than 2.5 gross acres, the project will need to meet minimum state and county standards but will not be required to install supplemental treatment.

b)

Areas identified by the regional water quality control board as having groundwater basins experiencing significant groundwater degradation due to onsite wastewater treatment systems.

c)

When the seepage pit method of wastewater dispersal is used on parcels of five acres or less or where the seepage pit has a maximum absorptive capacity greater than or equal to eight thousand gallons per day or absorptive rates between five hundred and one thousand gallons per day.

d)

On previously developed severely constrained lots where a repair is required but no conforming onsite wastewater treatment system can be constructed.

e)

For the creation of parcels of one to two-and-one-half acres in size irrespective of the type of dispersal field. A notice to property owner shall be recorded with the map indicating that an OWTS utilizing a supplemental treatment system shall be required when development occurs.

(5)

Composting and incinerating toilets may only be utilized with written permission from the administrative authority where site constraints preclude standard wastewater treatment and dispersal or use of supplemental treatment. Composting and incinerating toilets shall conform to the standards of NSF/ANSI Standard 41 and NSF P157 respectively.

(6)

Graywater systems are allowed as per the requirements of the California Plumbing Code.

(7)

For OWTS utilizing parallel distribution for wastewater dispersal, each trench line shall be of equal length to the maximum extent practical. For dispersal systems using serial distribution, trenches shall be maintained at the shallowest depth possible and no deeper than five feet below ground surface. Seepage pits must be connected in a manner that balances the volume of effluent received not to exceed the required application rate.

(B)

Protection of Onsite Wastewater Treatment Systems.

(1)

Onsite wastewater treatment systems shall be located so as to be accessible for servicing, inspection, upgrades, modification and repairs.

(2)

Designated expansion areas shall not be developed in a manner that precludes their availability for the new dispersal field.

(3)

Each onsite wastewater treatment system shall be designed, installed and maintained so as to prevent infiltration and exfiltration.

(4)

If subdrains discharge diverted water to subsurface soils, the minimum upslope separation from any dispersal field shall be twenty feet and the minimum down slope separation shall be fifty feet. If the subdrain is provided for the sole purpose of protecting the integrity of a structure, such as a retaining wall, then the administrative authority may modify the separation requirements provided above.

(C)

Permit Issuance Does Not Allow Continued Violation. The issuance of a permit or approval of plans shall not be deemed or construed to allow a violation of any of the provisions of the Santa Barbara County Code or California State Law. The issuance of a permit or approval of plans shall not prevent the administrative authority from requiring the correction of errors in said permit or approved plans when a condition allowed in the approval is found to be in violation of the Santa Barbara County Code or California State Law. Continued violation may result in administrative fines assessed to the responsible party pursuant to chapter 24A.

(D)

Prohibitions.

(1)

Discharges from new onsite sewage treatment systems are prohibited if they could result in noncompliance with state and county regulations.

(2)

Hollow seepage pits and any form of cesspool are prohibited. Upon discovery, cesspools shall be properly abandoned and replaced with an onsite wastewater treatment system that meets the requirements of this article. Hollow seepage pits shall be properly abandoned or rock filled.

(3)

Holding tanks are prohibited as a permanent method of sewage disposal unless specifically approved in writing by the building official and environmental health services has been notified.

(4)

Sewage dispersal shall not be permitted in fill material unless it is specifically designed by a registered civil engineer to accommodate the discharge without creating a nuisance or public health hazard as approved by the administrative authority.

(5)

Discharge from an onsite wastewater treatment system that exceeds peak design flow or maximum permitted capacity is prohibited.

(6)

Dispersal fields are prohibited in roadways but may be allowed in designated parking areas only if they are designed to withstand vehicle load ratings and are covered with a permeable surface with prior approval of the administrative authority.

(E)

Industrial Operations.

(1)

Any industrial operation which generates wastewater other than, or in addition to, domestic wastewater shall have separate onsite wastewater treatment systems for the domestic and the industrial wastewater unless a single system is approved by the regional water quality control board. Separate applications, plans and specifications must be submitted for each system.

(2)

Industrial wastewater may be subject to regulation by the regional water quality control board.

(F)

Inspections.

(1)

Inspections shall be scheduled with the administrative authority a minimum of two working days in advance of the time requested. Inspections are required prior to final covering of any components of the system.

(2)

A qualified professional shall conduct periodic inspections of onsite wastewater treatment systems after excavation and prior to the placement of any rock or fill material. Prior to final approval, a signed report shall be submitted to the administrative authority confirming that the OWTS installation has been completed in accordance with the approved design. This does not preclude the normal inspection process associated with any building permit.

(3)

When the system is installed outside the permitted/approved area, additional testing will be required, or approved by the qualified professional that designed the OWTS. The previously approved plans shall be revised to reflect the new location or design change.

(G)

Permit Suspension and Revocation.

(1)

The administrative authority may suspend or revoke a permit whenever it is determined that the permittee has violated any provisions of this article; has misrepresented any material fact in the permit application or supporting documents for such permit; and/or performed any work under the permit that has resulted in a nuisance.

(2)

No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted until, in the case of a suspension, the permit has been reinstated by the administrative authority. The permit shall not be reinstated until the violation causing the suspension has been abated.

(3)

Upon suspension or revocation of any permit, if any work already done by the permittee has left an onsite wastewater treatment system in such a condition as to constitute an emergency, the administrative authority may order the permittee to perform any work reasonably necessary to protect the health and safety of the public. No permittee or person who has held any permit issued pursuant to this article shall fail to comply with any such order.

(H)

Professional Qualifications, Signatures and Stamps.

(1)

An onsite wastewater treatment system shall be designed by a qualified professional as defined by this article.

(2)

In order to construct, modify, repair, abandon or replace any onsite wastewater treatment system, a person must be a qualified contractor as defined by this article. However, a property owner may construct, repair or modify a system on his/her own property provided the owner complies with all the provisions of this article.

(3)

A qualified inspector, qualified contractor or professional engineer shall perform inspection, maintenance and servicing required by this article.

(4)

Prior to approval by the administrative authority, percolation and performance test reports and final onsite wastewater treatment system plans, shall have an original signature and stamp of the professional engineer or the registered geotechnical engineer who performed the tests, wrote the reports and designed the onsite sewage treatment system.

(Ord. No. 4909, § 2, 1-6-2015)