LAC Department of Public Health RECEIVED
MAY 082019
COMMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF LOS ANGELES,DEPARTMENT OF PUBLIC HEALTH
AND
THE CITY OF RANCHO PALOS VERDES
REGARDING ONSITE WASTEWATER TREATMENT SYSTEMS
EFFECTIVE DATE: March 26,2019
I. RECITALS
WHEREAS,the State of California adopted Assembly Bill 885 in September 2000,to require the State
Water Resources Control Board to adopt specific regulations or standards for the permitting and
operation of onsite wastewater treatment systems(OWTS).
WHEREAS,the State Water Resources Control Board adopted the Water Quality Control Policy for
Siting, Design,Operation,and Maintenance of Onsite Wastewater Treatment Systems(OWTS Policy)
on June 19,2012 and it became effective on May 13,2013.
WHEREAS,the OWTS Policy establishes a Conditional Waiver of Waste Discharge Requirements for
OWTS systems meeting the criteria of the OWTS Policy.
WHEREAS,the OWTS Policy establishes low risk siting and design requirements for OWTS subject to
the OWTS Policy and authorizes local agencies to submit a Local Agency Management Program
• (LAMP)to the Regional Water Quality Control Board for approval of alternate methods of siting and
design to achieve the same purpose.
WHEREAS,the California Regional Water Quality Control Boards, upon mutual agreement, may
designate one Regional Water Quality Control Board to regulate a person or entity that is under the
jurisdiction of two or more Regional Water Quality Control Boards (Water Code Section 13228).
WHEREAS,the OWTS Policy Section 4.3 states that the Regional Water Quality Control Board
designated in Attachment 3 of the OWTS Policy shall review,and if appropriate,approve a LAMP
submitted by a local agency pursuant to Tier 2 in the OWTS Policy.
WHEREAS,Attachment 3 of the OWTS Policy identifies the Los Angeles Regional Water Quality
Control Board as the designated Regional Water Quality Control Board for purposes of reviewing
and, if appropriate,approving a LAMP submitted by a local agency.
WHEREAS,the County of Los Angeles(County),through the Department of Public Health(DPH),
operates a program for the approval of the siting,design,operation and maintenance of OWTS for
individual residences within its Environmental Health Division and has adequate staffing and
technical knowledge to meet the requirements of the OWTS Policy.
WHEREAS,the County,through OPH,has prepared and submitted a LAMP to the Los Angeles
Regional Water Quality Control Board for approval.
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WHEREAS,the Los Angeles Regional Water Quality Control Board has reviewed the County's LAMP,
determined that it meets the requirements of the OWTS Policy,approved the County's LAMP on
October 2, 2018,for those areas within the jurisdiction of both the Los Angeles and Lahontan
Regional Water Quality Control Boards,and as a result has granted a Conditional Waiver of Waste
Discharge Requirements for all OWTS complying with the LAMP.
WHEREAS,the Los Angeles County Board of Supervisors approved Ordinance#2018-0037 to
implement the requirements of the LAMP on October 2, 2018.
WHEREAS,the Los Angeles County Board of Supervisors delegated authority to the Director of Public
Health to enter into agreements with local jurisdictions to provide services under the LAMP.
WHEREAS,the City of Rancho Palos Verdes(City) has existing OWTS and areas without access to a
public sewer system.
WHEREAS, both the County and the City are desirous of protecting the public's health and the
quality of groundwater within the City.
NOW THEREFORE THE COUNTY OF LOS ANGELES AND THE CITY OF RANCHO PALOS VERDES
HEREBY AGREE AS FOLLOWS:
II. DESIGNATION AND AGREEMENT
1. The recitals set forth above are hereby incorporated by reference and made a part of this
agreement.
2. The City designates the County as the Qualified Local Agency(QLA)and the County accepts
the designation for the implementation of the County's approved LAMP for the siting,
design,operation,and maintenance of certain OWTS within the City's incorporated area.
3. The City and County agree that(i)the County Health and Safety Code,Title 11,Chapter 38,
(ii)the Requirements and Procedures adopted by the Director of DPH and/or Health Officer
of the County,and (iii)the County Plumbing Code will govern the applicable siting,design,
operation, and maintenance of OWTS within the City.The City will adopt the County's
ordinance governing OWTS into the City's municipal code by ordinance.
4. The agreement shall be effective upon the date that the City adopts County Ordinance#
2018-0037 into its municipal code and shall be in effect until terminated by either party in
accordance with Section V of this agreement.
III. APPLICABILITY
1. OWTS subject to this agreement shall consist of those OWTS within the jurisdiction of the
City that generate 10,000 gallons per day or less of domestic wastewater(as that term is
defined in Section 1.0 of the OWTS Policy),that dispose of wastewater below the ground
surface,that is generated from single family residences, multi-family residences,commercial
buildings where the wastewater is from domestic sources (i.e.,toilets, urinals, bathtubs,
showers,dishwashing facilities, laundry washing, and garbage disposals), buildings which are
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a combination of commercial and residential,and commercial food service buildings with a
properly functioning grease interceptor and wastewater with a Biological Oxygen Demand
(BOD)of 900 mg/L or less.
2. This agreement shall not apply to any other OWTS within the incorporated area of the City,
including those that:
a) Generate more than 10,000 gallons per day;
b) Discharge high strength wastewater,other than commercial food service
buildings meeting the above requirements;
c) Are commercial food service buildings,other than those meeting the above
requirements;
d) Generate industrial wastewater;
e) Accept wastewater from Recreational Vehicles;
f) Utilize methods to dispose of wastewater above ground;
g) Treat and reuse wastewater onsite for non-potable uses.
3. Nothing in this agreement shall diminish or affect the ability of the City to exercise its
authority through the Plumbing Code to regulate the type,siting,design and installation,
for those OWTS that are exempt from this agreement operating within the incorporated
area of the City. Issuance of a Waste Discharge Requirement or other permit by a Regional
Water Quality Control Board shall not constitute authorization for any person or entity to
construct, install,or operate any OWTS without City approval.
IV. GENERAL PROVISIONS
COUNTY RESPONSIBILITIES
1. The County will notify the appropriate Regional Water Quality Control Board that the
City has entered an agreement to be regulated under the County's LAMP.
2. The County will review all applications for new, replacement or repair of OWTS for siting
and design.
3. The County will review all applications for building permits where an OWTS is present
on the property to evaluate whether the proposed construction will impact the OWTS
by:
• Potentially increasing wastewater flows,
• Changing the strength of the wastewater,
• Impinging upon required setbacks of the OWTS, any of its components,or the
required 100%future expansion area.
4. The County shall provide the owner of the property or his/her representative with an
approval of the application, a detailed list of corrections needed to proceed with the
application,or a detailed reason why the project is unable to be approved. Projects that
the County determines may impact ground or surface water may be directed to file a
Report of Waste Discharge with the Regional Water Quality Control Board.
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5. The County will maintain an inventory of all OWTS permitted within the City's
incorporated area including OWTS Policy Tier,depth to groundwater,setback
information, and whether a non-conventional onsite wastewater treatment system
(NOWTS)was required.
6. The County will require an evaluation by a qualified professional of all OWTS and
NOWTS which are determined to be exhibiting signs of failure.The County will issue
compliance orders to owners of OWTS or NOWTS when a qualified professional
determines that the OWTS or NOWTS is in need of replacement or repair.
7. The County will issue an operating permit to all existing and new OWTS and NOWTS.
The County will maintain a database of all NOWTS, including dates on which the system
was serviced by a service technician and the results of any effluent testing performed by
a California certified laboratory, as required by the LAMP.
8. The County will license all Sewage Pumper Trucks that service OWTS within the City's
jurisdiction.
9. The County will complete and submit an annual report by February 1 of each year
detailing the number, location,and description of permits issued for OWTS where a
variance is granted and assess the impact of OWTS discharges based on analysis of
water quality data,complaints, inspection results, monitoring data,and failures.Other
data outlined in the OWTS Policy,Section 9.32 will be reviewed if available.
10. The County will refer any violation of the City's ordinance where the property owner has
failed to comply with the written directives of the Health Officer or his/her duly
authorized deputy to the City for legal enforcement.
11. The County may direct any property owner whose permit for a NOWTS is suspended or
revoked for failure to comply with the directives of the Health Officer to file a Report of
Waste Discharge with the Regional Water Quality Control Board.The County shall also
inform the Regional Water Quality Control Board that the property owner is no longer
operating under a Conditional Waiver of Waste Discharge Requirements and is required
to file a Report of Waste Discharge.
CITY RESPONSIBILITIES
1. The City will provide the County with a list of all known domestic OWTS,all OWTS with
septic tanks greater than 10,000 gallons,OWTS with probable high strength waste
streams,and cesspools within the City's jurisdiction within 60 days of the effective date
of this agreement.
2. The City will annually provide the County with a list of properties where an existing
OWTS was decommissioned and the property connected to the public sewer.
3. The City shall notify the County whenever a new building with a NOWTS is issued a
Certificate of Occupancy.
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4. The City shall refer any building permit application for a new building, remodel of an
existing building, repair of an existing OWTS,or construction of any building or
permanent structure which may impinge upon an OWTS or future expansion area to the
County.The City shall not issue a building permit for a project referred to the County
unless plans are first approved by the County.
5. For any OWTS project that does not meet the requirements outlined under Section III of
this agreement,the City shall require the owner of the property on which the OWTS
project is located to submit a Report of Waste Discharge(RWD)to the appropriate
Regional Water Quality Control Board before a Waste Discharge Requirements(WDR)
may be issued.
6. The City shall refer to the County any complaint alleging an OWTS is failing.The City
shall indicate whether the City desires to conduct a joint investigation of the complaint.
7. The City shall investigate any complaint alleging the construction or modification of any
OWTS in violation of City and/or County permitting requirements.
8. The City shall provide legal enforcement against any property owner who fails to comply
with the City's ordinance or the written directives issued by the Health Officer or his/her
authorized deputy.
9. Upon cancellation of this agreement,the City shall comply with the requirements
outlined under Tier 1 of the OWTS Policy until the Regional Water Quality Control Board
has approved a LAMP authorizing the City to use alternative requirements. If,as a result
of cancellation of this agreement,the Regional Water Quality Control Board determines
that a WDR is required for existing NOWTS,the City shall be responsible for notifying
the owner of each property on which the NOWTS is located.Additionally,the City shall
direct the affected property owner to obtain a WDR.
10. By December 31'of each year,the City shall provide the County with surface or
groundwater quality monitoring data for nitrates and pathogens that may be useful in
the County's annual Water Quality Assessment Program.The data may be collected by
the City as part of its National Pollutant Discharge Elimination System (NPDES)Permit
requirements, a City operated water utility,or other monitoring program.
V. INSURANCE
1. The parties are self-insured public entities for purposes of Professional Liability,General
Liability,and Worker's Compensation. The parties warrant that through their programs
of self-insurance,they have adequate Professional Liability,General Liability and
Workers'Compensation to provide coverage for liabilities arising out of the parties'
performance of this agreement.
VI. TERM AND TERMINATION
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1. The City may terminate this agreement,with or without cause, upon ninety(90)days
written notice.The City shall send all notices related to this agreement to:
County of Los Angeles Department of Public Health-Environmental Health
Division
Director of Environmental Protection Branch
5050 Commerce Drive
Baldwin Park, CA 91706
2. The County may terminate this agreement,with or without cause, upon ninety(90)days
written notice from the Director of Public Health to the City.The County shall send all
notices related to this agreement to:
City of Rancho Palos Verdes—Community Development Department
30940 Hawthorne Blvd
Rancho Palos Verdes,CA 90275
3. Upon termination of this agreement,the City shall become responsible for enforcement
of the OWTS Policy within its jurisdiction.
4. In addition to the above, in the event that the State Water Board adopts new
regulations regarding OWTS,the County may,at its discretion terminate this agreement
upon the effective date of the new regulations.Alternatively,the City and County may,
upon their mutual agreement,amend this agreement to include the new regulations.
AUTHORIZING SIGNATURES
IN WITNESS WHEREOF, Each of the Members hereto have caused this agreement to be executed and
attested by its duly authorized officers as of the dates set forth below.
The City of Rancho Palos Verdes
•
By: V1/1"/M. ` ' Date: I\\3\-2_ol 9
Doug Willmore,City Manager
Attest: ` Approved as to Form:
16
j W
By: _�11 By:L'•
E ily Colb.rn,City Clerk ME,City Attorney]
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County of Los Angeles Department of Public Health
By: Date: 0 3 -Ol - / 5'i
Ange el(omo
Deputy Director, Bureau of Health Protection
Approved as to Form:
It IP 4Io
By: k Date:
Rob-II Ragland
Principal Deputy County Counsel
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