No person shall construct, reconstruct, repair, modify, destroy or abandon any onsite
wastewater treatment system or graywater system, or any portion thereof, without having
first obtained a permit from the administrative authority. It shall be unlawful for
any person to cover, abandon, destroy, modify, repair, conceal, or put into use an
onsite wastewater treatment system or graywater system, or any portion thereof, without
having first obtained a permit and final approval from the administrative authority.
Alternative systems and systems with supplemental treatment require an operating permit
in conformance with section 18C-5(I) of this Code which shall be issued by the administrative authority prior to the
final approval of the construction of the system.
(A)
Applications.
(1)
An onsite wastewater treatment system permit application shall be submitted on a form
approved by the administrative authority for new construction, repair, abandonment
or modification of an onsite wastewater treatment system, alternative system or graywater
system. The application shall be accompanied by plans and specifications submitted
in a format prescribed by the administrative authority. The approved application shall
be deemed a permit to construct and may contain conditions that apply to the construction,
operation and maintenance of the system. The permit conditions shall be binding upon
the property owner and successive property owners for the life of the system.
(2)
When an evaluation of an existing onsite wastewater treatment system is required,
an application shall be completed and submitted to the administrative authority.
(B)
Fees.
(1)
Submission of an application shall be accompanied by payment of all appropriate fees.
The board of supervisors may, by resolution, adopt such fees as are allowed under
§ 101325 of the California Health and Safety Code and may prescribe such terms and
conditions as may be necessary to enable the County of Santa Barbara to recover the
reasonable and necessary costs incurred by the county in administering this article.
(2)
The board of supervisors shall determine fees for operating permits.
(C)
Expiration. Construction permits shall expire by limitation and become null and void
if the work authorized is not commenced within one year from the date of issuance
of the permit. If the work authorized by such permit is started and then suspended
or abandoned for a period of one year or longer, the work shall not be recommenced
until a new permit is obtained. Upon written request from the applicant the administrative
authority may renew the permit for a maximum of one year beyond the initial expiration
date if the plans, specifications, and site conditions have not changed for a maximum
of two renewals. The renewal request must be received by the administrative authority
prior to the expiration of the previously approved permit. When such renewal is authorized
the work must comply with current requirements. Upon the expiration of a permit no
further work shall be performed unless a new permit is issued.
(D)
Exemption for Routine Maintenance and Servicing. Onsite wastewater treatment system
maintenance and servicing, as defined in this article, may be performed by a qualified
contractor without a permit as long as a written report of work performed is submitted
to the administrative authority and such work complies with all codes, regulations
and procedures applicable in Santa Barbara County at the time the maintenance is performed.
The written report shall be submitted on a form approved by the administrative authority
within thirty days of completion of the maintenance. If the report is not received
by the administrative authority within thirty days of the completion of the maintenance
or servicing the qualified contractor may be subject to administrative fines.
(E)
Transfers. An onsite wastewater treatment system operation, construction, modification,
repair, abandonment or evaluation permit is not transferable. If there is a sale or
transfer of a property upon which a permit has been issued and the work authorized
in the permit has not been completed the new property owner must submit a new application.
(F)
Zoning Clearance. A land use permit or a coastal development permit shall be issued
by the Santa Barbara County Planning and Development Department for any new structure
utilizing an onsite wastewater treatment system prior to the issuance of a permit
to construct the onsite wastewater treatment system.
(G)
Administrative Fines and Penalties. Any person who commences work on an onsite sewage
treatment system for which a permit is required, without first having obtained a permit,
shall be required to obtain a permit and pay double the permit application fee established
by the board of supervisors and may be subject to administrative fines as provided
in chapter 24A of the Santa Barbara County Code.
(H)
Suspension and Revocation.
(1)
The administrative authority may suspend or revoke any permit to construct, repair,
modify, or abandon an onsite sewage treatment system, or any component of the system,
issued pursuant to this article, whenever the permittee has violated any provisions
of this article, misrepresented any material fact in the permit application or supporting
documents for such permit, and/or performed any work that was not authorized under
the permit or has created a nuisance.
(2)
Any permittee whose permit has been suspended or revoked shall discontinue work for
which the permit was granted until such permit has been reinstated or reissued.
(3)
If the work halted by the suspension or revocation of a permit, has left an onsite
wastewater treatment system in a condition that constitutes a safety hazard, a nuisance
or threatens public health, the administrative authority may order the permittee to
perform any work reasonably necessary to protect public health and safety or mitigate
the nuisance as allowed by section 18-3 of the County Code. If the permittee fails to mitigate the hazard or nuisance, the
administrative authority may have the construction completed at the expense of the
permit holder through the administrative fines process noted in chapter 24A of the Santa Barbara County Code.
(I)
Right to a Hearing. Any person, whose application for a permit has been denied, suspended,
or revoked, may submit a request for an office hearing to appeal the denial, suspension,
or revocation, to the administrative authority. The request must be submitted in writing
within fifteen working days after receiving notification of the permit denial, suspension,
or revocation. The request must specify the grounds upon which the appeal is submitted
and should contain documentation that substantiates the reason for the appeal. The
administrative authority shall set an office hearing for such appeal within fifteen
working days of receipt of the request and shall notify the appellant in writing,
of the time and place of the hearing at least five days prior to the date of the hearing.
The environmental health services director, or his designee, acting as the hearing
officer shall notify the appellant of his/her decision in writing within ten working
days after the hearing is concluded.
