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CC SR 20190115 05 - Onsite Wastewater Treatment Systems RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/15/2019 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to adopt an urgency ordinance and introduce an ordinance to repeal and replace Chapter 8.04 (Health Code) of Title 8 (Health and Safety) of the Rancho Palos Verdes Municipal Code to implement Chapter 11.38 of the Los Angeles County Health and Safety Code, as well as to execute a Memorandum of Understanding with the Los Angeles County Department of Public Health as it relates to Onsite Wastewater Treatment Systems (Case No. PLCA2019-0001). RECOMMENDED COUNCIL ACTION: (1) Adopt Ordinance No. ___ U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010 (ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT SYSTEMS (CASE NO. PLCA2019-0001). (2) Introduce Ordinance No. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010 (ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT SYSTEMS (CASE NO. PLCA2019-0001). (3) Authorize the City Manager to execute a Local Agency Management Plan Memorandum of Understanding with the Los Angeles County Department of Public Health related to their review of onsite wastewater treatment systems on behalf of the City. FISCAL IMPACT: Costs associated with the review and approval of onsite wastewater systems by the Los Angeles County Public Health Department will be borne by project applicants based on an application filing fee established by the County of Los Angeles, which ranges between $1,528 and $1,986 depending on the type of treatment system and level of review. The County’s fee schedule is attached (Page F-1). Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Octavio Silva, Senior Planner REVIEWED BY: Ara Mihranian, AICP, Director of Community Development APPROVED BY: Doug Willmore, City Manager 1 ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. ___ U (page A-1) B. Ordinance No. ___ (page B-1) C. Chapter 11.38 of Title 11 of the Los Angeles County Code (page C-1) D. LAMP Memorandum of Understanding (page D-1) E. Aerial Maps of Non-Sewer Connection Areas of the City (page E-1) F. Los Angeles County Department of Public Health OWTS Review Fee Schedule (page F-1) BACKGROUND AND DISCUSSION: The State Water Resources Control Board (SWRCB) has regulatory authority over onsite wastewater treatment systems (OWTS). OWTS are generally considered septic systems installed on separate parcels of property that are unable to connect to a municipal sewer system. OWTS capture and treat domestic wastewater to reduce its polluting effect on the environment and protect public health. SWRCB promulgated an OWTS Policy that provides minimum design and siting standards for low-risk, new and replacement OWTS. SWRCB allows local agencies to create their own alternative regulatory requirements that meet all OWTS Policy requirements. In response, the Los Angeles County’s Environmental Health Division of the Department of Public Health created its Local Agency Management Plan (LAMP) for OWTS. LAMP provides alternate health and safety requirements for OWTS that have been approved by both the Los Angeles Water Board and SWRCB. The LAMP requirements were incorporated into the Los Angeles County Code, which allows the Department of Public Health (Department) to regulate OWTS within cities that desire to enter into agreements with the Department for OWTS regulation by using a more flexible enforcement scheme that is equally protective of public health as the OWTS policy. While the vast majority of residential areas in the City are connected to the City’s sewer system, there are areas of the City (Attachment E), such as the eastern portion of the City’s Landslide Moratorium Area (Zones 5 and 6), the Portuguese Bend Club, and some lots off Palos Verdes Drive East that rely solely on OWTS to capture and treat domestic wastewater. City Staff estimates that of the City’s 16,237 housing units 1, there are approximately 896 parcels (primarily developed) in the City that are not connected to the City’s sewer system and rely on septic systems. To date, the City has partnered with the Department of Public Health’s Land Use Program to receive services related to the review of proposed OWTS. In order for the City to continue receiving services 1 Sources: U.S. Census Bureau American Community Survey, 2015; Nielsen Co.; California Department of Finance E-5, May2016; CoreLogic/DataQuick; California Department of Education; and SCAG 2 related to OWTS under the LAMP, the Department is requesting that participating cities adopt the LAMP Ordinance into their Municipal Codes. Proposed Code Amendment To avoid a disruption in OWTS services provided by the Department, Staff is proposing that the City Council consider the adoption of an Urgency Ordinance (Attachment A), amending Chapter 8.04 (Health Code) of Title 8 (Health and Safety) of the Rancho Palos Verdes Municipal Code to immediately implement Chapter 11.38 of the Los Angeles County Health and Safety Code (Attachment C), as it relates to OWTS . The proposed amendment to Chapter 8.04 is provided below (Deleted text in strikethrough and new text in bold/underline). 8.04.010 - Adoption of Los Angeles County Health and Safety Code. A. Except as hereinafter provided, Title 11, entitled "Health and Safety," of the Los Angeles County Code, as amended and in effect on September 1, 1998, is adopted by reference as the health code of the City of Rancho Palos Verdes and may be cited as such. B. Chapter 11.38, entitled “Water and Sewers”, of Title 11 of the Los Angeles County Code, as amended and in effect on January 15, 2019, is adopted by reference as the LAMP Ordinance of the City of Rancho Palos Verdes and may be cited as such. C. A copy of the County Health and Safety Code has been deposited in the Office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public. Section 36937 of the Government Code states that an urgency ordinance becomes effective immediately if the City Council finds, by a four-fifths vote, that the ordinance is for the immediate preservation of the public peace, safety and welfare of its citizens, residents, visitors and businesses. The proposed Urgency Ordinance is appropriate because the ordinance safeguards public health and the environment by ensuring the uninterrupted proper installation, inspection, and maintenance of OWTS throughout the City. If the City Council were to adopt the proposed Urgency Ordinance, the ordinance will become effective immediately. However, Staff also recommends that the City Council introduce an Ordinance (Attachment B) this evening followed by a second reading at the February 5, 2019, meeting, to ensure adoption of the regulations through the standard process. LAMP Memorandum of Understanding 3 The Department of Public Health is also requesting the participating cities sign a LAMP Memorandum of Understanding (Attachment D). The document establishes project applicability, as well as both County and City responsibilities related to OWTS reviews and permitting. The LAMP Memorandum of Understanding may be executed by the City Manager with the authorization by the City Council. The City Attorney’s Office has reviewed and determined that the document conforms to the City’s Municipal Code requirements. ALTERNATIVES: In addition to the Staff recommendations, the following alternatives are available for the City Council’s consideration: 1. Direct Staff to continue the matter, and return with modified Code language for consideration at a future meeting. 2. Direct Staff to bring the review of OWTS in-house which would still require the City to enter into an agreement with DPH to provide services on a temporary basis while the City develops its own program. 3. Direct Staff to take no action at this time. 4 ORDINANCE NO. _____ U AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010 (ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT SYSTEMS (CASE NO. PLCA2019-0001). WHEREAS, the State Water Resources Control Board (State Water Board) has adopted the Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (OWTS), dated June 19, 2012, also referred to as the "OWTS Policy"; and WHEREAS, the State Water Board’s OWTS Policy provides a multi-tiered strategy for management of OWTS in California; and WHEREAS, the Los Angeles County Department of Public Health (DPH) submitted a proposed Local Agency Management Program (LAMP) for oversight of OWTS within designated cities and unincorporated areas of the County of Los Angeles to the local Water Board prepared in accordance with the requirements of the OWTS Policy; and WHEREAS, Cities desirous of having DPH’s Land Use Program review proposed OWTS must enter into a memorandum of understanding (MOU) with DPH and adopt the appropriate sections of the Los Angeles County Health and Safety Code that has been updated to reflect the current State Water Board’s policies in order to provide for the County’s enforcement of the LAMP’s provisions and restrictions; and WHEREAS, the City of Rancho Palos Verdes desires to continue to receive DPH’s Land Use Program services to review proposed OWTS and enforce the LAMP’s provisions and restrictions; and WHEREAS, Government Code Section 36937 expressly authorizes the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety, if the ordinance is approved by four-fifths of the City Council. To this end, this Ordinance is adopted for the immediate preservation of the public peace, health, and safety, given the City’s service requirements for OWTS within the City of Rancho Palos Verdes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A-1 A. The above recitals are true and correct and incorporated fully herein. B. The City Council finds that the amendments to Section 8.04.010 of the City of Rancho Palos Verdes Municipal Code are necessary to comply with new standards and regulations mandated by the State Water Board. C. The City Council finds that the amendments to Section 8.04.010 of the City of Rancho Palos Verdes Municipal Code are necessary to preserve the public health, safety, and general welfare by ensuring adequate service to OWTS within the City. SECTION 2. Section 8.04.010 (Adoption of Los Angeles County Health and Safety Code) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced to read as follows: 8.04.010 - Adoption of Los Angeles County Health and Safety Code. A. Except as hereinafter provided, Title 11, entitled "Health and Safety," of the Los Angeles County Code, as amended and in effect on September 1, 1998, is adopted by reference as the health code of the City of Rancho Palos Verdes and may be cited as such. B. Chapter 11.38, entitled “Water and Sewers”, of Title 11 of the Los Angeles County Code, as amended and in effect on January 15, 2019, is adopted by reference as the LAMP Ordinance of the City of Rancho Palos Verdes and may be cited as such. C. A copy of the county health and safety code has been deposited in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code section 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code A-2 Section 36933 in a newspaper of general circulation which is hereby designated for that purpose. SECTION 5. This Urgency Ordinance shall go into effect and be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council pursuant to Government Code Sections 36934 and 36937. PASSED, APPROVED and ADOPTED this 15th day of January, 2019. ______________________________ Mayor ATTEST: _______________________ City Clerk A-3 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010 (ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT SYSTEMS (CASE NO. PLCA2019- 0001). WHEREAS, the State Water Resources Control Board (State Water Board) has adopted the Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (OWTS), dated June 19, 2012, also referred to as the "OWTS Policy"; and WHEREAS, the State Water Board’s OWTS Policy provides a multi-tiered strategy for management of OWTS in California; and WHEREAS, the Los Angeles County Department of Public Health (DPH) submitted a proposed Local Agency Management Program (LAMP) for oversight of OWTS within designated cities and unincorporated areas of the County of Los Angeles to the local Water Board prepared in accordance with the requirements of the OWTS Policy; and WHEREAS, Cities desirous of having DPH’s Land Use Program review proposed OWTS must enter into a memorandum of understanding (MOU) with DPH and adopt the appropriate sections of the Los Angeles County Health and Safety Code that has been updated to reflect the current State Water Board’s policies in order to provide for the County’s enforcement of the LAMP’s provisions and restrictions; and WHEREAS, the City of Rancho Palos Verdes desires to continue to receive DPH’s Land Use Program services to review proposed OWTS and enforce the LAMP’s provisions and restrictions; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses within the City by receiving DPH’s Land Use Program services to review proposed OWTS and enforce the LAMP’s provisions and restrictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1. The facts set forth in the Recitals are true and correct, and are incorporated herein by reference. B-1 SECTION 2. The City Council finds that the amendments to Section 8.04.010 of the City of Rancho Palos Verdes Municipal Code are necessary to comply with new standards and regulations mandated by the State Water Board. SECTION 3. The City Council finds that the amendments to Section 8.04.010 of the City of Rancho Palos Verdes Municipal Code to adopt Chapter 11.38 of the Los Angeles County Health and Safety Code are necessary to preserve the public health, safety, and general welfare of the City's residents, visitors and businesses by ensuring adequate service to OWTS within the City. SECTION 4. Section 8.04.010 (Adoption of Los Angeles County Health and Safety Code) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced to read as follows: 8.04.010 - Adoption of Los Angeles County Health and Safety Code. A. Except as hereinafter provided, Title 11, entitled "Health and Safety," of the Los Angeles County Code, as amended and in effect on September 1, 1998, is adopted by reference as the health code of the City of Rancho Palos Verdes and may be cited as such. B. Chapter 11.38, entitled “Water and Sewers”, of Title 11 of the Los Angeles County Code, as amended and in effect on January 15, 2019, is adopted by reference as the LAMP Ordinance of the City of Rancho Palos Verdes and may be cited as such. C. A copy of the county health and safety code has been deposited in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 6. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three ( 3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. B-2 B-3 PASSED, APPROVED and ADOPTED this 15th day of January, 2019. ______________________________ Mayor ATTEST: _______________________ City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. _____ passed first reading on January 15, 2019, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on ________, 2019, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________________ City Clerk B-4 Chapter 11.38 - WATER AND SEWERS Parts: Part 1 - DEFINITIONS 11.38.010 - Abandoned water well. "Abandoned water well" means a nonoperating well which is not maintained in conformity with Section 11.38.290 of this chapter. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.3, 1959.) 11.38.015 - Average Annual Rainfall. "Average annual rainfall" means the average 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 2016 would be between 1981 - 2010. (Ord. 2018-0037 § 3, 2018.) 11.38.018 - Cesspool. "Cesspool" means an excavation with permeable sides and/or bottom that receives untreated sewage, wastewater, or drainage and is designed to retain organic matter or solids but permits liquids to seep through the bottom or sides. (Ord. 2018-0037 § 4, 2018.) 11.38.020 - Chemical toilet. "Chemical toilet" means a privy structure constructed over a tank into which human fecal matter or urine is to be deposited, the tank designed to contain a disinfecting or bactericidal chemical solution. (Ord. 7583 Part 3 Ch. 5 § 531, 1959.) 11.38.025 - Covenant. "Covenant" means a written agreement between the property owner and the Director that runs with the land for the benefit of the County, which is recorded and filed with the Los Angeles County Registrar-Recorder/County Clerk. C-1 (Ord. 2018-0037 § 5, 2018.) 11.38.030 - Cross-connection. "Cross-connection" means any connection, physical or otherwise, between an approved water supply system and any nonapproved water supply system, or any condition, connection or arrangement between any domestic water supply system and any plumbing fixture, or any tank, receptacle, equipment or device through which it may be possible for nonpotable, used, unclean, polluted or contaminated water or other substance to enter any part of such domestic water system, under any condition. (Ord. 7583 Part 3 Ch. 5 § 501, 1959.) 11.38.033 - Domestic Wastewater. "Domestic wastewater" means wastewater normally discharged from plumbing fixtures, appliances, and other household devices including toilets, sinks, showers, bathtubs, kitchen sinks, laundry washing machines, dishwashing machines, and garbage disposals. Domestic wastewater includes wastewater normally discharged from commercial buildings such as office buildings, retail stores, and restaurants with a properly sized and functioning grease interceptor where, the wastewater does not exceed nine hundred (900) mg/L Biochemical Oxygen Demand (BOD) or from industrial facilities where domestic wastewater is segregated from industrial wastewater. Domestic wastewater does not include onsite wastewater treatment systems receiving a majority of its wastewater from recreational vehicle (RV) holding tank discharges, such as at RV dump stations. (Ord. 2018-0037 § 6, 2018.) 11.38.035 - Effluent. "Effluent" means sewage or partially treated sewage flowing out of a septic tank, aerobic treatment unit, dispersal system, or other onsite wastewater treatment system component. (Ord. 2018-0037 § 7, 2018.) 11.38.040 - Electrode well. "Electrode well" means any artificial excavation in excess of 50 feet deep, constructed by any method for the purpose of installing electrodes or electrical conductors, including, but not limited to, cathodic protection wells and grounding rod wells. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.2, 1959.) 11.38.042 - Failing Onsite Wastewater Treatment System. C-2 "Failing onsite wastewater treatment system" means a conventional or non-conventional onsite wastewater treatment system that is no longer able to safely treat or discharge wastewater, which may present a health risk to humans or adversely impact the environment. Factors that evidence a failing onsite wastewater treatment system include, but are not limited to: A. A backup of sewage into a structure which is caused by a septic tank or dispersal system malfunction other than a plumbing line blockage. B. A discharge of sewage or effluent to the ground surface. C. A septic tank that requires pumping more than two (2) times within a one hundred eighty (180) day period in order to provide adequate dispersal of sewage. D. A structural failure that causes effluent to discharge at a location other than where intended or allows groundwater to infiltrate the system. E. A system affects or will likely affect groundwater or surface water to a degree that makes the water unfit for drinking or other domestic uses or causes a human health hazard or other public nuisance condition. F. Inability to use the onsite wastewater treatment system as intended. (Ord. 2018-0037 § 8, 2018.) 11.38.044 - Feasibility Report. "Feasibility report" means the documents, test results, and geological reports required to be prepared and submitted to the Director in order to demonstrate the feasibility of installing an onsite wastewater treatment system or a non-conventional onsite wastewater treatment system, including the entirety of any future expansion area. (Ord. 2018-0037 § 9, 2018.) 11.38.046 - Future Expansion Area. "Future expansion area" means an area designated and tested as the location for an additional dispersal system capable of handling one hundred (100) percent of the wastewater from the onsite wastewater treatment system once the original dispersal system fails. (Ord. 2018-0037 § 10, 2018.) 11.38.048 - Groundwater. "Groundwater" means water located below the land surface in the saturated zone of the soil or rock. Groundwater includes perched water tables, shallow water tables, and zones that are seasonally or permanently saturated. C-3 (Ord. 2018-0037 § 11, 2018.) 11.38.050 - Health hazard. "Health hazard" means any faulty operating condition, water treatment practice or method of distribution which creates, or may create, a danger to the well-being of any consumer. (Ord. 7583 Part 3 Ch. 5 § 502, 1959.) 11.38.052 - Impaired Water Body. "Impaired water body" means those surface water bodies or segments thereof that are identified on a list approved first by the State Water Resources Control Board and then approved by the U.S. Environmental Protection Agency (EPA) pursuant to Section 303(d) of the Federal Clean Water Act. (Ord. 2018-0037 § 12, 2018.) 11.38.055 - Non-Conventional Onsite Wastewater Treatment System (NOWTS). "Non-conventional onsite wastewater treatment system" or (NOWTS) means an onsite wastewater treatment system that utilizes, in addition to the septic tank, one (1) or more supplemental treatment components and may include an alternative dispersal system. Supplemental treatment may include systems to reduce the nitrogen concentration of the effluent, provide disinfection of the effluent, or both. (Ord. 2018-0037 § 13, 2018.) 11.38.060 - Nonactive water well. "Nonactive water well" is one which is not in active use, but which is maintained in conformance with the provisions of Section 11.38.290 of this chapter. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.4, 1959.) 11.38.070 - Nonconforming electrode well. "Nonconforming electrode well" means one which, as of October 2, 1970, the effective date of the ordinance codified in this section, has not been constructed in conformance with Section 11.38.240, or is not maintained in conformance with Section 11.38.290 of this chapter. (Ord. 10075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 504.5, 1959.) 11.38.075 - Onsite Wastewater Treatment System (OWTS). C-4 "Onsite wastewater treatment system" or (OWTS) means a sewage disposal system consisting of a wastewater holding tank and a method to dispose of treated effluent below the ground surface. The term OWTS refers to both conventional and non-conventional onsite wastewater treatment systems. (Ord. 2018-0037 § 14, 2018.) 11.38.078 - OWTS Requirements and Procedures. "OWTS requirements and procedures" means the required standards and procedures promulgated by the Director for the installation, operation, and discharge of effluent by conventional and non-conventional OWTS. (Ord. 2018-0037 § 15, 2018.) 11.38.080 - Privy Structure. "Privy structure" means a room or compartment constructed over a water tight vault or tank, into which human fecal matter or urine is to be deposited. (Ord. 2018-0037 § 16, 2018: Ord. 7583 Part 3 Ch. 5 § 530, 1959.) 11.38.090 - Sanitary defect. "Sanitary defect" means any faulty structural condition, whether of location, design or construction of collection facilities, treatment works or distribution works, which may regularly or occasionally prevent satisfactory purification of the water supply, or cause it to be contaminated or polluted. (Ord. 7583 Part 3 Ch. 5 § 503, 1959.) 11.38.092 - Seepage Pit. "Seepage pit" means an excavation at least ten (10) feet deep and three (3) to six (6) feet in diameter, typically cylindrical in shape with six (6) inches of rock between the pit wall and a concrete or brick liner, constructed for the purpose of disposing of sewage effluent from a septic tank or treatment tank. (Ord. 2018-0037 § 17, 2018.) 11.38.094 - Septic Tank. "Septic tank" means a water tight, compartmentalized, covered receptacle designed for primary treatment of wastewater and constructed to: C-5 A. Receive wastewater discharged from a building. B. Separate settleable solids from liquid. C. Digest organic matter by anaerobic bacterial action. D. Store digested solids. E. Clarify wastewater for further treatment with final subsurface discharge. (Ord. 2018-0037 § 18, 2018.) 11.38.096 - Sewage. "Sewage" means waste substance, liquid or solid, which contains or may contain human or animal excreta or excrement. (Ord. 2018-0037 § 19, 2018.) 11.38.098 - Telemetric Monitoring. "Telemetric monitoring" means the ability to automatically measure and transmit OWTS data by wire, radio, or other means. (Ord. 2018-0037 § 20, 2018.) 11.38.100 - Toilet room and toilet facilities. "Toilet room" means a room in which is located at least a water flush toilet. "Toilet facilities" means and includes water flush toilet, chemical toilets, pit privies and any other type of toilet. (Ord. 7583 Part 3 Ch. 5 § 529, 1959.) 11.38.110 - Water supply system. "Water supply system" means and includes the works and auxiliaries for collection, storage, treatment and distribution of water from the source to the free-flowing outlet of the ultimate consumer. (Ord. 7583 Part 3 Ch. 5 § 504, 1959.) 11.38.120 - Water well. "Water well" means any drilled, excavated, jetted or otherwise constructed excavation which is used or intended to be used to extract water from or inject water into the underground for any purpose, or to observe or test underground waters. This definition shall not include: C-6 A. Saltwater wells; B. Wells under the jurisdiction of the state of California, Division of Oil and Gas, except those wells converted to use as water wells; or C. Wells used for the purpose of dewatering excavation during construction, or stabilizing hillsides or earth embankments. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.1, 1959.) Part 2 - WATER AND WATER WELLS 11.38.130 - Domestic water—Sanitation standards designated. Every person supplying water for domestic or human consumption shall supply the water free from contamination or pollution so as to comply with the bacteriological drinking water standards as set forth in the United States Public Health Service Drinking Water Standards. (Ord. 7583 Part 3 Ch. 5 § 507, 1959.) 11.38.140 - Water supply—Permit or other compliance required. It is unlawful for any person to supply water from a newly constructed water system, or from a newly constructed portion of a water system, without valid permits as may be required by the director therefor, or until such construction complies with all of the provisions of this Division 1. (Ord. 7583 Part 3 Ch. 5 § 508, 1959.) 11.38.150 - Permit—Well construction. A. No person shall drill, dig, bore, deepen or excavate any well, or destroy an existing well, without first making application and securing a well construction permit from the director. B. No person shall convert any industrial, oil or irrigation well for use as a domestic water well, without first making application and securing a well construction permit from the director. (Ord. 2005-0053 § 7, 2005: Ord. 11992 § 2, 1979: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523, 1959.) 11.38.155 - Permit—Well yield test. No person shall perform a well yield test for the purpose of establishing water availability for residential and commercial development without first making application and securing a well yield test permit from the director. C-7 (Ord. 2005-0053 § 8, 2005.) 11.38.160 - Well construction permit—Application and issuance conditions. A. Applications for a well construction permit, as described in Section 11.38.150, shall be made on forms provided for that purpose by the director. All applicable fees, as provided for in Chapter 8.04 of Title 8, shall be paid at the time of application. B. The application shall include the name and address of the well owner and the well driller, the location of the proposed or existing well, a workplan that details the type of casing, the manner of sealing the casing, the method of destruction, where applicable and any other data required by the director. C. Upon receipt of an application, the director shall make an investigation. If the applicant has complied with all applicable laws and regulations, and the drilling, digging, boring, excavating, converting, destruction or design of the well will not create a condition which, in the opinion of the director, can pollute or contaminate the underground water or the water produced by the well, the director shall approve the workplan. A workplan approval remains valid for 180 days from the date of issuance. D. The well driller shall provide notification to the director at least two business days prior to the placement of the sanitary seal. E. Upon witnessing the placement of the annular seal for a new well or the final decommissioning seal, and all other requirements being met, the director shall approve the final inspection. F. When the director has received a copy of the well completion report, as defined in Section 13751 of the California Water Code, the director shall issue a well construction permit. (Ord. 2005-0053 § 9, 2005: Ord. 11992 § 4, 1979: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523.2, 1959.) 11.38.165 - Well yield permit—Application and issuance conditions. A. Applications for well yield testing permit as described in 11.38.155 shall be made on forms provided for that purpose by the director. All applicable fees, as provided for in Chapter 8.04 of Title 8 shall be paid at the time of application. B. The application shall include the name and address of the well owner and the well driller, and the name of the well yield tester, the location of the proposed or existing well, the type of casing, the manner of sealing the casing, and any other data required by the director. C. When the well yield test has been completed to the satisfaction of the director and documentation of laboratory analysis showing that the water quality meets the primary bacteriological and chemical requirements of the Safe Drinking Water Standards, is provided to the department, a water availability approval shall be issued by the director for C-8 the purpose of obtaining a building permit. Well yield test results are valid for three (3) years from the date of approval. (Ord. 2005-0053 § 10, 2005.) 11.38.170 - Permit—Scope of work authorized—Suspension or revocation conditions. A permit shall be valid only for the location described on the permit. Construction, reconstruction or destruction of a well shall be carried out in compliance with all applicable regulations and requirements of the director of public health and with all ordinances and laws of the county of Los Angeles and of the state of California, and shall comply with the terms and conditions specified in the permit. If any of such conditions, regulations, ordinances or laws are not complied with, the director of public health may suspend or revoke the permit by mailing or personally serving written notice of suspension or revocation upon the applicant. (Ord. 2006-0040 § 103, 2006: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523.3, 1959.) 11.38.180 - Permit—Hearings following denial, suspension or revocation. Any person whose application for a permit has been denied, or whose permit has been suspended or revoked, may petition the director for a hearing. Such petition shall be in writing, signed by the applicant, and shall set forth in detail the facts and reasons upon which his petition is based. The time limit within which the petition must be filed is 20 business days following the date on which the notice of denial, suspension or revocation was mailed to the applicant. Notice of the time and place of the hearing shall be given to the applicant not less than five business days prior to such hearing, either by registered mail or in the manner required for the service of summons in civil actions. At the time and place set for the hearing, the director will give the applicant and other interested persons an adequate opportunity to present any relevant facts. The director may place any person involved in the matter, including the applicant, under oath. The director may, when he deems it necessary, continue any hearing by setting a new time and place and by giving notice to the applicant of such action. At the close of the hearing, or at any time within 10 days thereafter, the director will order such disposition of the application or permit as he has determined to be proper, and will make such disposition known to the applicant. (Ord. 10075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 523.4, 1959.) 11.38.190 - Wells—Location restrictions concerning contamination. It is unlawful for any person to drill, dig, excavate or bore any water well in any location in which sources of pollution or contamination are known to exist, or at such location whereby such water may become contaminated or polluted when the well is properly constructed and maintained. C-9 (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 516, 1959.) 11.38.200 - Wells—Location restrictions concerning flooding. It is unlawful for a person to drill, dig, excavate or bore a water well in any location which is subject to flooding or inundation, unless it is protected from flooding or inundation and the location and method of protection approved by the director. (Ord. 7583 Part 3 Ch. 5 § 518, 1959.) 11.38.210 - Wells—Location restrictions concerning sewage disposal and animal keeping areas. A. It is unlawful for a person to drill, dig, excavate or bore a water well within 100 feet of a seepage pit or cesspool, within 50 feet of a sewage disposal field, a private or public sewer, privy, or place where animals or fowl are kept. Where special hazards are involved, the distance required may be increased or special construction required, as may be directed by the director. B. Where perforations or screens are located at or over 100 feet below the ground surface and where sealed and maintained in accordance with Section 11.38.290 of this chapter, or in such other circumstances as he determines lesser distances will not subject the water to contamination or pollution, the director may authorize lesser distances than those specified in this section. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 517, 1959.) 11.38.220 - Existing wells—New well requirements applicable when. A. All water wells used to supply domestic water shall conform to the requirements of a new water well, except the director may accept substitute methods when he finds it is impractical to fully meet such requirements and if he determines the substitute methods satisfactorily accomplish the intended purpose. B. Existing wells shall meet requirements for new wells regarding protection from flooding or contamination, or such protection which the director determines to be equivalent. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 525, 1959.) 11.38.230 - Construction of wells—Casing specifications. A. All water wells drilled, dug, or bored after August 11, 1967, shall have a durable, watertight casing, which shall extend to a depth that will exclude contamination or pollution by surface drainage and undesirable groundwater, and extend at least 18 inches above the surrounding natural ground level at the well site after drilling and until the pump is permanently mounted. C-10 B. All gravel-packed wells shall have an outside, watertight casing meeting the requirements of subsection A of this section. The top of the space between the outer and inner casings shall be closed or sealed to exclude surface drainage. The space between the outer easing and the drill hole shall be sealed as required by Section 11.38.280 of this chapter. When an additional pipe is provided for a "gravel chute," the top thereof shall extend above the floor or ground level, and be fitted with a tight cap or lid, unless in a locked room or an enclosure which is locked, bolted or screwed on tightly. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 520, 1959.) 11.38.240 - Electrode wells—Construction specifications. All electrode wells constructed after October 2, 1970, shall be constructed to the satisfaction of the director in such a manner as to exclude contamination or pollution of any usable underground water. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 520.1, 1959.) 11.38.250 - Construction of wells—Slab, pedestal and curtain wall requirements—Exemptions. All water wells drilled, dug, excavated, or bored after August 11, 1967, shall be provided with: A. A watertight, reinforced-concrete slab of a minimum thickness of six inches shall extend horizontally at least three feet from the well casing in all directions. The concrete slab shall adequately slope so as to drain water away from the well casing. The top surface of the slab at its outer edge shall be at least four inches above the surrounding ground level. This slab need not be provided, or the size and method of construction thereof may be modified, when the protection intended by this requirement or the exception of subsection D of this section is provided by an alternate method approved by the director. B. For pumps or pump motors installed above the well casing, the pump or motor shall be mounted on a concrete pedestal constructed around the well casing and sealed thereto, the top of which is at least eight inches above the finished grade at the well site and at least four inches above the slab surrounding such well. C. The pedestal and slab (and curtain wall, if required to protect an existing well) shall be poured monolithically, or otherwise constructed as approved by the director, to effectively prevent leakage between the pedestal and the slab. D. Exemptions. Means or methods other than those specified in subsections B or C of this section may be used to provide the required protection when the director determines such alternates are necessary and that they provide equivalent protection. A submersible-type pump may be installed with subsurface discharge and access when all subsurface entrances to the well or casing, other than into the aquifer, are effectively sealed, the enclosure is designed and constructed to exclude surface water or drainage, the area around the casing is provided with effective drainage, and other protective features are provided which the C-11 director determines will effectively prevent contamination or pollution from entering the well or the aquifer. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 521, 1959.) 11.38.255 - Wells—Shared wells. Any well intended to be shared with one to three residences other than the primary residence, shall demonstrate a safety factor in well capacity to the satisfaction of the director. (Ord. 2005-0053 § 11, 2005.) 11.38.270 - Domestic water—Disinfection procedures and standards. Every new, repaired or reconstructed domestic water well, after completion of construction, repair or reconstruction, and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well, including the gravel used in gravel-packed wells, the pump, and all portions of equipment coming in contact with well water, shall be disinfected with a solution containing at least 50 parts per million available chlorine, which shall remain in the well for a period of at least 24 hours, or by an equivalent method of disinfection satisfactory to the director, and such procedure shall be repeated, as necessary, to produce water meeting bacteriological standards as set forth in State Drinking Water Standards. No well water from a new or reconstructed well shall be used for domestic purposes until the water meets such bacteriological and chemical requirements. (Ord. 2005-0053 § 13, 2005: Ord. 10075 § 1 (part), 1970: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 525.1, 1959.) 11.38.275 - Well yield testing—Authorized tester. Well yield testing to determine an adequate and sustainable source of water shall be performed by a California Registered Geologist, or a California Registered Engineer or class A General Engineering Contractor, or C-57, or C-61 (D-21) license issued by the State of California. (Ord. 2005-0053 § 14, 2005.) 11.38.280 - Domestic water—Sealing required. All domestic water wells and springs shall be sealed with concrete or other impervious material so as to protect against surface or subsurface contamination or pollution. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 513, 1959.) 11.38.285 - Wells—Well seal inspection required. C-12 No person shall pour the sanitary seal of the annular space between the casing and the borehole wall unless the director is present to witness the placement of sealing material. (Ord. 2005-0053 § 15, 2005.) 11.38.290 - Wells—Sealing required when. All water wells and electrode wells shall be kept sealed and maintained in a manner that will prevent the entrance of pump leakage, surface drainage, or any other contamination or pollution into the well or the aquifer, except that nonconforming electrode wells need not comply with this section until such time as the electrode is expended, or the well is reconstructed, or the well is no longer being used for its intended purpose, unless, in the judgment of the director, such exception constitutes a threat to the quality of an aquifer. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 519, 1959.) 11.38.295 - Wells—Depth of seal required. The annular seal of all new or reconstructed wells shall extend a minimum of 50 feet below grade, or a greater amount, if in the judgment of the director, such additional depth is necessary to prevent ground water contamination. (Ord. 2005-0053 § 16, 2005.) 11.38.300 - Domestic water—Apparatus for disinfection and venting. All domestic water wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. The pipe, if provided, shall be extended to a height equal to the pump pedestal or at least eight inches above the finish grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. Equivalent protection for excluding contamination from the well shall be provided for subsurface-pump discharge installations. If an air-relief vent is used, it shall terminate downward and be screened and protected against the possibility of contaminating material entering the vent. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 522, 1959.) 11.38.310 - Wells—Discharge lines. All pump discharge lines shall leave the well at a higher elevation than the top of the casing. (Ord. 7583 Part 3 Ch. 5 § 526, 1959.) 11.38.320 - Log requirements. C-13 Any person who has drilled, dug, excavated or bored a water well shall, within 30 days after completion of the drillings, digging, excavating or boring of such water well, furnish the director with a complete log of such water well. This log shall include the type of casing, the depth of the well, the number and location of the perforations in the casing, and any other data required by the director. A copy of the log providing such information submitted to state agencies shall satisfy this requirement. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 515, 1959.) 11.38.330 - Destruction of water wells. All water wells, unless made to comply with Sections 11.38.280 and 11.38.290 of this chapter, shall be destroyed to the satisfaction of the director by filling with cement grout, puddled clay or similar impervious material as approved by the director, to thoroughly seal the well, including all voids, annular spaces, gravel envelopes, or other spaces, as necessary to protect the aquifer. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 524, 1959.) 11.38.340 - Destruction of electrode wells. All electrode wells, unless in compliance with Section 11.38.240 of this chapter, shall be destroyed to the satisfaction of the director, in such a manner as to exclude contamination or pollution of any usable underground water. (Ord. 10075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 524.1, 1959.) 11.38.350 - Inlets from public water supply—Backflow prevention restrictions. No person shall install or allow to exist any inlet discharging water from a public water supply to be used for domestic or human consumption or industrial purposes in or into any tank, cistern, reservoir or receptacle for storage or use of water on the consumer's premises unless such inlet discharges such water at a height at least double the diameter of the inlet pipe above the maximum possible high-water level of such tank, cistern, reservoir or other receptacle for the storage or use of water, or unless such inlet is equipped with an approved backflow preventer. A backflow preventer is a device or means to prevent backflow into the potable water system. (Ord. 7583 Part 3 Ch. 5 § 512, 1959.) 11.38.360 - Pipelines—Disinfection procedures. Every new water main and every repaired section of an existing water main must be cleared of coliform bacteria by the proper application of chlorine in sufficient quantities to give a minimum of 50 parts per million of available chlorine. The new or repaired pipe shall be C-14 thoroughly flushed before and after chlorination. If the first application of chlorine is not sufficient, the procedure shall be repeated until the water will meet the standards set forth in the United States Public Health Service Drinking Water Standards. Means or methods providing equivalent treatment may be used if approved by the director. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 509, 1959.) 11.38.370 - Domestic water—Reservoirs and tanks—Protection from contamination. A. Durable protection and substantial covers shall be provided and maintained for each reservoir, tank, cistern, standpipe or other structure used for distribution or storage of domestic water. Covers shall be watertight, and shall be constructed so as to provide drainage away from the structure. All openings for ventilation shall be screened with corrosion-resistant screen not coarser than one-fourth-inch mesh to exclude rodents and birds, or with 16-mesh screen when such screen is necessary to control mosquito or insect breeding in such reservoir. All manholes shall be constructed with curbs raised above the surrounding surface, and installed in a manner to prevent roof or surface drainage from entering the structure. When it is determined by the director that it is impractical, due to size, shape or other unusual conditions, to provide and maintain a cover as provided for in this section, adequate treatment and protection of the water shall be provided as required and approved by the director. B. Any reservoir, standpipe, cistern, forebay, tank, weir box, receptacle, or any other form of installation used for the production, distribution or storage of any domestic water supply or water used for human consumption, shall be securely protected against pollution or contamination. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 514, 1959.) 11.38.380 - Cross-connections—Prohibited. It is unlawful for any person to have, keep, maintain, install or allow the existence of a cross- connection. (Ord. 7583 Part 3 Ch. 5 § 527, 1959.) 11.38.390 - Cross-connections—Corrections to comply with Building Code. Any device, fixture or equipment installed for the purpose of eliminating a cross-connection shall be of a type in compliance with and installed in accordance with the Building Code. (See Title 26 of the Los Angeles County Code.) (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 528, 1959.) 11.38.400 - Sanitary defects and health hazards—Prohibited when. C-15 All domestic water supply systems shall be constructed and maintained free from sanitary defects and health hazards. (Ord. 7583 Part 3 Ch. 5 § 505, 1959.) 11.38.410 - Sanitary defects and health hazards—Correction. When it is determined by the director that a sanitary defect or a health hazard exists, the director may order whatever steps he deems necessary to insure the safety of the water supply for the protection of the public health. (Ord. 7583 Part 3 Ch. 5 § 506, 1959.) 11.38.420 - Equipment or chemicals that may cause pollution—Sale and use restrictions. No person shall advertise, sell or offer for use or sale any water-treating chemical or substance, water-using or water-operated equipment, mechanism or contrivance, which may cause contamination or pollution of the domestic water supply. Such devices may be permitted when equipped with backflow protection devices meeting the requirements of the Building Code. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 528.1, 1959.) 11.38.430 - Chlorination—Required when—Procedures. Upon notice by the director to the owner or operator of a water supply system, such owner or operator shall thoroughly cleanse and chlorinate any reservoir, tank, well, spring or pipe used in the production, distribution or storage of any domestic water or water used for human consumption, as directed by the director, to insure the safety of the water. When chemical disinfection is employed, the dosage or rates of application shall at all times be sufficient to provide adequately disinfected water at all points of the distribution system. The director may order continuous automatic disinfection for any water supply when, in his opinion, such treatment is necessary for the protection of the public health. (Ord. 7583 Part 3 Ch. 5 § 510, 1959.) 11.38.440 - Chlorination—Recordkeeping and testing. All suppliers of domestic water, when required by the director to use continuous chlorination, shall add chlorine in sufficient quantity to insure the bacteriological safety of the water at all points in the distribution system. A free-chlorine residual shall be maintained at all times at sampling points approved by the director. Routine chlorine residual tests shall be made daily, and permanent records kept of such tests. Copies of the records shall be furnished the director upon request. C-16 (Ord. 7583 Part 3 Ch. 5 § 511, 1959.) Part 3 - PRIVIES, CHEMICAL TOILETS, AND CESSPOOLS 11.38.450 - Reserved. 11.38.460 - Reserved. 11.38.470 - Reserved. 11.38.480 - Backflow prevention devices. A. Qualified Testers. No person shall test and make reports on backflow prevention devices as required in Title 17 of the California Code of Regulations unless he has a certificate of competence issued by the director. The director may conduct examinations to determine the competency of any person desiring to test and make reports on backflow prevention devices for the purpose of complying with the requirements of Title 17 of the California Code of Regulations. Those persons who have been determined by the director to be competent shall receive from the director a certificate of competence. It is unlawful for any person to maintain a backflow prevention device unless it is tested at least annually. B. Test Required. Backflow prevention devices which have been installed to meet the requirements of Title 17 of the California Code of Regulations shall be tested at least once each calendar year by a person having received a certificate of competence from the director. Records of such tests shall be filed with the director within 30 days after such tests, upon forms provided by the director. C. Devices in Good Repair. It is unlawful to use any backflow prevention device installed to meet the requirements of Title 17 of the California Code of Regulations unless it is in good repair. Devices which are defective shall be repaired and tested immediately upon being put into use, and a report of such shall be filed with the director within 30 days after such test. D. Director may distribute to the public a list of those persons certified under paragraph A. above and may charge $159.00 for inclusion on such list. (Ord. 2006-0040 § 105, 2006: Ord. 93-0055 § 14, 1993; Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 528.2, 1959.) 11.38.490 - Privies—Location Restrictions. A privy or privy structure shall only be installed in remote public or private recreation areas, where there is no running water or practical means of sewage disposal. Privies shall only be permitted to be installed where they are accessible for servicing by a seepage/sewage pumping vehicle. A privy or privy structure shall not be in close proximity of any food establishments of any kind or character. A privy or privy structure shall not be associated with any residential C-17 dwelling. When determined by the Director that necessity for permitted privy or privy structure no longer exists, the Director may revoke the permit. No person shall continue to maintain a privy after the permit for maintenance thereof has been revoked. Whenever any privy or privy structure is to be abandoned or no longer in service, notification shall be provided to the Director, and destruction of the privy or privy structure shall be accomplished in a manner approved by the Director. (Ord. 2018-0037 § 25, 2018: Ord. 7583 Part 3 Ch. 5 § 537, 1959.) 11.38.500 - Privies—Construction Specifications. It is unlawful to erect or maintain a privy unless a suitable shelter is provided to afford privacy and protection from the elements. The openings of such structure shall be enclosed by metal mosquito-screening. The door thereof shall be so constructed as to close automatically by means of a spring or other device. The construction of the privy structure shall be such as to exclude all rodents, flies and other insects from the tank or vault. The privy structure shall be maintained in good repair, in a clean and sanitary condition, and free from flies, other insects and rodents, and shall be properly ventilated. The tank or vault where waste is held shall be made of a water tight material and all seams or joints shall be water tight. The privy structure over the tank or vault shall completely cover the tank or vault and shall be mounted on a cement or masonry foundation at least four (4) inches wide and extending at least six (6) inches above and twelve (12) inches below ground level. The tank or vault shall be at least four (4) feet deep and shall be provided with a vent at least six (6) inches in cross-Sectional dimension, extending from the pit to a point higher than the highest point of the roof. Such vent shall be effectively screened. There shall be an access port to allow cleaning of the tank or vault by a sewage cleaning and carrying vehicle. (Ord. 2018-0037 § 26, 2018: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 535, 1959.) 11.38.510 - Privies—Maintenance. The tank or vault of a privy shall not be permitted to become filled with excreta nearer than two (2) feet from the surface of the ground. The content of the privy shall be pumped out as needed by a seepage/sewage pumping vehicle permitted by the Director. (Ord. 2018-0037 § 27, 2018: Ord. 7583 Part 3 Ch. 5 § 536, 1959.) 11.38.520 - Earthen Pit Privies and Cesspools—Construction Prohibited. The construction of new earthen pit privies and cesspools is prohibited. An earthen pit privy currently in existence may continue to be used until it is determined that the cesspool has C-18 failed, is contaminating groundwater, or a building permit is issued to modify the residential structure served by the earthen pit privy. (Ord. 2018-0037 § 28, 2018: Ord. 7583 Part 3 Ch. 5 § 534, 1959.) 11.38.530 - Privies—Contamination of Water Prohibited. It is unlawful for any person to construct, maintain or keep a privy in any location in which it may contaminate or pollute any stream, channel, pond, lake, reservoir or any source of water. In no case shall a privy be constructed, maintained, or kept less than one hundred (100) feet from any stream, water channel, spring, or well, and two hundred (200) feet from any pond, lake, reservoir or infiltration gallery. (Ord. 2018-0037 § 29, 2018: Ord. 7583 Part 3 Ch. 5 § 538, 1959.) 11.38.535 - Chemical Toilets. Chemical toilets are intended to serve non-residential, limited use activities, such as field labor operations, special events, and temporary construction sites where connection to the sewer or construction of an OWTS is not practicable. Except for those activities covered under California Occupational Health and Safety requirements or businesses permitted by the Department of Regional Planning to operate under electric transmission lines, the use of chemical toilets at a location for over three (3) days requires a public health permit. (Ord. 2018-0037 § 30, 2018.) 11.38.540 - Chemical toilets—Construction and maintenance. It is unlawful to erect or maintain a chemical toilet unless it complies with the following: A. Chemical toilets shall have a suitable structure to afford privacy and protection from the elements, and be constructed to exclude all rodents, flies and other insects. All openings of the structure to the outside shall be enclosed with metal mosquito-screening. The door shall be constructed as to be self-closing. A vent or window shall be provided for light during daylight hours. Artificial light shall be provided when the chemical toilets is to be used at night. B. The walls and ceilings of the structure shall be reasonably smooth and well painted in a light color, and be capable of withstanding repeated washing and scrubbing. C. Chemical-toilet storage tanks shall be enclosed within the structure, properly vented, watertight, and in good repair. D. The toilet seat shall be a commercial, split-front type, oval in shape, with a smooth, impervious surface, and installed so as to be easily cleaned. The seat shall be centered over C-19 the hole to prevent the deposition of fecal matter on sides of the drop tube. The drop tube shall have sides that are installed vertically or flared out at the connection to the tank. E. The metal drop tube beneath the toilet seat shall follow the shape of the toilet seat and fit smoothly into the top of the tank enclosure. It shall have a noncorrosive surface. There shall be no cracks or rough edges around this opening or in the entire bench. Circular openings shall be permitted only if their diameter is at least equal to the largest dimension of the toilet seat opening. F. The maximum distance between the inside edge of the opening between the toilet seat and the front of the tank enclosure shall be two inches. G. All structures intended for male use shall contain a urinal located at least 20 inches from the toilet seat openings. The urinal shall be made from durable, noncorrosive, impervious material finished with smooth surfaces and proper slopes so that it is easily cleaned and readily drains. A splash board of similar material at least eight inches higher than the overflow rim shall be provided. Hoses or pipes used to drain urinals shall be a minimum of one inch inside diameter, shall be securely attached, and shall be constructed of a noncorrosive, watertight, easily cleanable material. The urinal shall be designed to minimize splashing. H. The toilet structure shall be adequately ventilated with openings screened with 16-mesh screen or equal. These ventilation openings shall contain at least four square feet of total area. I. The chemical toilet structure shall be sufficiently large to provide adequate space for the users, with the minimum width or depth equal to three feet, six inches. J. Each chemical toilet structure shall have painted thereon, in clear letters at least three inches in height, the name of the owner and the company number of the unit. K. A suitable device for holding toilet paper shall be provided. L. The interior of the structure and tanks shall be cleaned at least once a week while the units are in use and more frequently when necessary to maintain them in a clean and odorfree condition. M. Toilet paper shall be available at all times. N. After cleaning, there shall be placed in the tank a solution of a type which effectively controls odors. When initially filled, and at all times when in use, the tank shall contain sufficient solution to cover all solids accumulated and to prevent fly breeding. O. Sewage from chemical toilets shall be disposed of only in a sanitary sewer system approved by the director. P. Whenever chemical toilets are returned after a job, the interior shall be thoroughly cleaned and repainted when necessary. Q. A chemical toilet shall be located at least four feet from a property line, at least 20 feet from the nearest occupied residence, and at least 10 feet from a street or public sidewalk. C-20 R. A chemical toilet shall be kept clean and in good repair at all times. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 535.1, 1959.) 11.38.550 - Toilets at construction sites. There shall be not less than one toilet facility for each multiple of 20 employees, or fractional part thereof, work at a construction job site. for the purpose of this section, the term "construction site" shall mean the location on which actual construction of a building, structure, or facility, is in progress. (Ord. 7583 Part 3 Ch. 5 § 539, 1959.) 11.38.560 - Public washrooms, toilet facilities, showers, and baths. Every person maintaining a privy structure, toilet room, washroom, bath or shower room for the use of his employees, or the public, shall at all times keep the floors, walls, ceilings, toilet facilities, urinals, lavatories and other equipment therein in good repair and free from dirt, filth and corrosion. All baths, showers, lavatories and urinals, except urinals constructed in connection with a privy, shall be adequately supplied with running water. Rooms used for such facilities shall be well ventilated and lighted. All lavatories shall be kept supplied with soap and individual towels with a receptacle for their disposal. All toilet facilities shall be kept supplied with toilet paper. In connection with every public toilet hereafter erected, there shall be maintained hand-washing facilities for the public and employees. (Ord. 7583 Part 3 Ch. 5 § 533, 1959.) 11.38.570 - Facilities required—Business establishments and public gatherings. It is unlawful for any person to conduct a business or place of public gathering unless there is provided, in a separate room and on the premises, adequate and conveniently located toilet facilities and lavatories. If, in the opinion of the director, the number of toilet facilities and lavatories is inadequate, he shall order additional toilet facilities or lavatories, or both, to be provided. A. If restroom facilities are made available for the public, clients, or employees, no person owning, controlling, or having charge of such accommodation or facility shall prohibit or prevent the use of such restroom facilities by a person with a physical handicap, regardless of whether that person is a customer, client, employee, or paid entrant to the accommodation or facility. Employee restrooms need not be made available if there are other restroom facilities available on the premises unless employee restroom facilities have been constructed or altered to accommodate the physically handicapped and such facilities are not available elsewhere on the premises. C-21 Restroom facilities located within food establishments which are accessible only through the food preparation area shall be made available to persons requiring the use of Seeing-eye dogs by having an employee or other person escort the individual to the facility. No live animals shall be allowed in the food preparation area. B. The following definitions are applicable to this section: 1. "A person with a physical handicap" includes: a. An individual who has an impairment, either permanent or temporary in nature as follows: i. Impairments that affect ambulation due to cerebral palsy, poliomyelitis, spinal cord injury, amputation, arthritis, cardiac and pulmonary conditions and other conditions or diseases which reduce mobility, including aging, ii. Impairments that require the use of crutches, canes, wheelchairs, braces, walkers, or other ambulatory assistive devices, iii. Total blindness or impairments affecting sight to the extent that the individual functioning in public areas may be insecure or exposed to danger, and iv. Deafness or hearing impairments that may expose an individual to danger or insecurity; b. An individual who requests the use of the restroom facilities and states that because of a physical infirmity he or she requires immediate access to restroom facilities. 2. "Public accommodation or facility" means a building, structure, facility, complex, or improved area that is used by the general public and shall include those accommodations and facilities listed in Sections 19955 and 19955.5 of the Health and Safety Code. C. Nothing in this section requires the making of structural alterations, repairs, remodels, modifications, or additions not otherwise required by applicable local, state and/or federal law. D. Every restaurant or itinerant restaurant where alcoholic beverages are sold or given away for consumption on the premises shall be provided with, for the use of the public, at least one urinal for men, one water flush toilet for each sex, and at least one lavatory in conjunction with and convenient to each water flush toilet. If, in the opinion of the director, the number of urinals, water flush toilets or lavatories is inadequate, such additional facilities as he shall deem necessary shall be provided. There shall be adequate space provided in each toilet room to permit the use of these facilities without overcrowding. (Ord. 2007-0089 § 98, 2007; Ord. 89-0033 § 1, 1989: Ord. 7583 Part 3 Ch. 5 § 532, 1959.) C-22 11.38.580 - Facilities required—Theaters, clubs and other places for public assembly. No person conducting, managing or operating any moving picture show or theater, dance hall, nightclub, circus, amusement park or other place of public amusement or public assemblage shall fail, refuse or neglect to comply with the following requirements: A. The floors, walls, ceilings, doors, windows, stairways, hallways and every other part thereof shall be maintained in good repair, in a clean, sanitary condition, and shall be painted or otherwise renovated whenever necessary. B. All rugs, carpets or other floor coverings, tables, chairs, seats, counters and all similar equipment shall be kept clean and in good repair. C. Suitable approved drinking fountains, with guarded angle jets and with properly adjusted water pressure, shall be provided and maintained in good condition. D. Exhaust fans and other ventilation equipment shall be provided, and shall be operated so as to keep the air in a reasonably fresh and wholesome condition whenever a building, or part thereof, is occupied as a place of public assemblage. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 532.1, 1959.) 11.38.590 - Industrial waste—Discharge prohibited where—Exceptions. A. No person shall discharge, deposit, drain or place any material, liquid waste or other substance, directly or indirectly, into any channel, natural or artificial drain, watercourse, river, tributary, water or subsurface water, whether such water be fresh, salt or saline, or combinations of these, in such a manner which may liberate or produce any noxious or dangerous odors, or produce unsightly or offensive deposits, or which may be injurious, deleterious or dangerous to the health, or which may cause a nuisance or may cause an impairment of the quality of such waters, or which may adversely or unreasonably affect such waters for domestic, recreational or other beneficial uses. B. Exception: This section shall not apply in the unincorporated territory of the county or in those cities which have adopted county Ordinance 6130, on sewers and industrial waste, directly or by reference. (See Title 20 of this code.) (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 500.1, 1959.) 11.38.600 - Keeping animals or fowl—Restrictions—Contaminating water supply prohibited. It shall be unlawful for any person to locate or maintain any animal or fowl in such manner or location whereby any portion of a domestic water supply system may become contaminated or polluted, or for any animal or fowl to be kept within 50 feet from any stream, water channel, spring, well, pond, lake, reservoir, infiltration gallery or underground water from which water may be drawn for domestic consumption. C-23 (Ord. 7583 Part 3 Ch. 5 § 540, 1959.) 11.38.610 - Sewage discharge prohibited where—Abatement. A. When sewage, other than the discharge from an approved sewage-treatment plant, is overflowing or being discharged upon the surface of any premises, the director may order the occupant or occupants thereof who contribute to such overflow or discharge to abate the same forthwith. B. If such occupant or occupants fail to abate such overflow or discharge as ordered, the director may order such occupant or occupants to vacate the premises within 24 hours. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 543, 1959.) Part 4 - WATER CONSERVATION REQUIREMENTS FOR THE UNINCORPORATED LOS ANGELES COUNTY AREA 11.38.620 - Hose Watering Prohibition. No person shall hose water or wash down any sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required for the benefit of public health and safety. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 1, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.630 - Watering of Lawns and Landscaping. A. No person shall water or cause to be watered any lawn or landscaping between the hours of 10:00 a.m. and 5:00 p.m. B. No person shall water or cause to be watered any lawn or landscaping more than once a day. C. No person shall water or cause to be watered any lawn or landscaping to such an extent that runoff into adjacent property, non-irrigated areas, private and public walkways, roadways, structures, adjoining streets, parking lots or alleys occurs due to incorrectly directed or maintained sprinklers or excessive watering. D. It shall be the duty of all persons who own or rent premises that have hoses, faucets and sprinkling systems to inspect for leaks, and to cause all leaks to be repaired as soon as is reasonably practicable. E. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. C-24 (Ord. 2015-0004 § 2, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.640 - Indoor Plumbing and Fixtures. A. It shall be the duty of all persons who own or rent premises that have accessible indoor plumbing and faucets to inspect for leaks, and to cause all leaks to be repaired as soon as is reasonably practicable. B. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 3, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.650 - Washing Vehicles. No motor vehicle, boat, trailer, or other type of mobile equipment may be washed, except at a commercial carwash or with reclaimed water, unless such vehicle is washed by using a hand- held bucket or a water hose equipped with an automatic shutoff nozzle. No person shall leave a water hose running while washing a vehicle or at any other time. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 4, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.660 - Public Eating Places. No restaurant, hotel, cafeteria, café, or other public place where food is sold or served shall serve drinking water to any customer unless specifically requested to do so by such customer. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 5, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.670 - Decorative Fountains. No person shall use water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures unless such water flows through a recycling system. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 6, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.680 - Procedural Requirements. C-25 The Director of Public Works, with input and concurrence from the Director of Public Health, shall periodically review the provisions of this Part and recommend necessary updates to the Board of Supervisors. The review of these provisions and preparation of resulting recommendations, if any, shall be performed, at a minimum, every two years following the first review, which shall be completed by December 31, 2010. (Ord. 2015-0004 § 7, 2015: Ord. 2008-0052U § 1 (part), 2008.) Part 5 - REQUIREMENTS FOR ONSITE WASTEWATER TREATMENT SYSTEMS 11.38.700 - Discharge of Material or Liquid. A. No person shall allow sewage, domestic or industrial wastewater, or any matter or substance, offensive, injurious, or dangerous to health, to empty, flow, seep, or drain onto the surface of any land. B. No person shall allow sewage, treated effluent, or any matter or substance, offensive, injurious, or dangerous, to health to empty, flow, seep, or drain into, or affect any well, spring, stream, river, lake or other waters. C. A violation of this Section is declared a public nuisance. (Ord. 2018-0037 § 31, 2018.) 11.38.710 - OWTS Requirements and Procedures. The Director shall promulgate the OWTS requirements and procedures within thirty (30) calendar days of the adoption of this ordinance. The OWTS requirements and procedures shall be made available to the public at no charge, upon request. The Director shall review the requirements and procedures a minimum of once every five (5) years and amend the OWTS requirements and procedures as necessary to protect the health of the public and the waters of the State. The Director shall provide notice to the public of any proposed change(s) and provide members of the public an opportunity to comment prior to implementation. (Ord. 2018-0037 § 31, 2018.) 11.38.720 - Onsite Wastewater Treatment Systems—Plan Review and Permit Requirements. A. The Director shall have the authority to require the submission of any plans and specifications pertaining to or impacting onsite wastewater treatment systems. Such plans include, but are not limited to, subdivision of parcels where a public sewer is not available, building expansion, and the addition of a structure on a parcel of property utilizing an onsite wastewater treatment system. B. A person proposing to construct, install, alter or repair any onsite wastewater treatment system or part thereof, or a privy structure shall submit an application and receive plan C-26 approval from the Director in accordance with the requirements of this Chapter and Title 28, Plumbing Code, including Appendix H, of the Los Angeles County Code and with the OWTS requirements and procedures prior to any work being performed. C. A person proposing to construct or expand a building or other structure, upon which property an onsite wastewater treatment system or non-conventional onsite wastewater treatment system is installed, shall submit an application and receive a plan approval from the Director. The Director's evaluation of the proposed construction or expansion plan shall determine whether the new building, structure or expansion interferes with the existing onsite wastewater treatment system or any future expansion area required by Los Angeles County Code, Title 28, Plumbing Code. D. An application shall be made on forms provided for that purpose by the Director. Any required fee shall be paid at the time of application. E. The Director's approval of an onsite wastewater treatment system plan under this Section is separate from, and does not constitute compliance with, any permit requirements contained elsewhere in this code, including, but not limited to, the requirements under this Title 11 for obtaining a renewable operating permit for NOWTS and any requirements under Title 28, Plumbing Code for obtaining a permit for the construction or installation of an OWTS. F. All onsite wastewater treatment systems must be installed in accordance with the plans as approved by the Director. Any changes in the installation plans must be reviewed and approved by the Director prior to installation. G. Any plan approval issued by the Director shall be valid for one (1) year from the date of approval. If a property owner has not obtained a building permit within one year, a property owner may request an extension of the plan approval for up to one (1) additional year. If the property owner has not obtained a building permit within two (2) years, the property owner must submit a new application meeting the requirements of the most recent version of the California Plumbing Code, and pay the required fee. (Ord. 2018-0037 § 31, 2018.) 11.38.730 - Restrictions on Use of OWTS when a Public Sewer is Available. The Director shall not issue a permit for a new onsite wastewater treatment system, approve the repair or replacement of an onsite wastewater treatment system, nor approve a project requiring the evaluation of an existing onsite wastewater treatment system if a public sewer is available within two hundred (200) feet of the building or proposed building. (Ord. 2018-0037 § 31, 2018.) 11.38.740 - Limitations on Sub-Divisions without Public Sewer Available. C-27 Land development projects including Conditional Use Permits (CUP) and parcel sub-division projects where a public sewer is not available and that are proposed after the effective date of this ordinance, shall require the installation of a non-conventional onsite wastewater treatment system if the parcel size is smaller than the allowable density values in the following table for a single family dwelling unit, or its equivalent. The requirement for a NOWTS requires recordation of a covenant through the County Office of the Registrar-Recorder/County Clerk as part of the approval of the CUP or approval of the new parcels. Average Annual Rainfall (inches/year) Allowable Density Value (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 (Ord. 2018-0037 § 31, 2018.) 11.38.750 - Horizontal Setback Requirements. OWTS shall not be installed in such a manner that any of its components are located within the horizontal setbacks identified in the following table. Minimum Horizontal Distance in Clear Required From: Septic Tank Disposal Field Seepage Pit Buildings or Structures 1 5 feet (1.52 meters) 8 feet (2.44 meters) 8 feet (2.44 meters) C-28 Property line adjoining private property 5 feet (1.52 meters) 5 feet (1.52 meters) 8 feet (2.44 meters) Public Water Well, Where depth of effluent dispersal system >10 feet 7,8 200 feet (61 meters) 8 200 feet (61 meters) Public Water Well, Where depth of effluent dispersal system ≤10 feet 7 150 feet (45.7 meters) 150 feet (45.7 meters) Springs, and Flowing Surface Water 7,9 100 feet 9 (30.5 meters) 100 feet 6,9 (30.5 meters) 150 feet 6,9 (45.7 meters) Vernal Pools, Wetlands, Lakes, Ponds, or Other (Non- Flowing) Surface Water Bodies 7,10 200 feet 10 (61 meters) 200 feet 6,10 (61 meters) 200 feet 6,10 (61 meters) Seepage pits 5 feet (1.52 meters) 5 feet (1.52 meters) 12 feet (3.66 meters) Disposal field 5 feet (1.52 meters) 4 feet 4 (1.22 meters) 5 feet (1.52 meters) On site domestic water service line 5 feet (1.52 meters) 5 feet (1.52 meters) 5 feet (1.52 meters) Distribution box 5 feet (1.52 meters) 5 feet (1.52 meters) C-29 Pressure public water main 10 feet (3.05 meters) 10 feet (3.05 meters) 10 feet (3.05 meters) Private Water Wells 7 100 feet (30.5 meters) 100 feet (30.5 meters) 150 feet (45.72 meters) Monitoring wells 11 100 feet (30.5 meters) 100 feet (30.5 meters) 100 feet (30.5 meters) Unstable Land Mass or Areas Subject to Earth Slides 12 100 feet (30.5 meters) 100 feet (30.5 meters) 100 feet (30.5 meters) High Water Mark of Reservoir, Lake, or Flowing Water Body, Type I 13 400 feet (122 meters) 400 feet (122 meters) 400 feet (122 meters) High Water Mark of Reservoir, Lake, or Flowing Water Body,Type II 14 200 feet (61 meters) 200 feet (61 meters) 200 feet (61 meters) Trunk of any tree 15 10 feet (3.05 meters) 10 feet (3.05 meters) 10 feet (3.05 meters) *Notes: When disposal fields and/or seepage pits are installed in sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be fifteen (15) feet (4.57 meters). 1. Including decks, patios, porches and steps, whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walks, covered driveways, and similar structures or appurtenances. C-30 2. Reserved. 3. Reserved. 4. Plus two (2) feet (.61m) for each additional one (1) foot (.305 meters) of depth in excess of one (1) foot (.305 meters) below the bottom of the drain line. (See also Section K 6 in Appendix K of the Plumbing Code.) 5. Reserved. 6. These minimum clear horizontal distances shall also apply between disposal field, seepage pits, and the ocean mean higher high tide line. 7. Where special hazards are involved, the distance required shall be increased as may be directed by the authority having jurisdiction. 8. If the depth of the effluent dispersal system exceeds twenty (20) feet (6.1 meters) and is within six hundred (600) feet (182.88 meters) of a public water well, the setback must be such that there is at least two-year travel time for microbiological contaminants. 9. Includes 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. 10. Distance 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. 11. Where regulatory or legitimate data requirements necessitate, the required distance to monitoring wells may be decreased as may be directed by the authority having jurisdiction. If the monitoring well is installed to monitor the groundwater at the waste effluent discharge, the setbacks do not apply. 12. Unstable land mass or areas subject to earth slides shall be identified by a registered engineer or registered geologist; other setback distances are allowed, if recommended by a geotechnical report prepared by a qualified professional. 13. Four hundred (400) feet (121.92 meters) from the high water mark of a reservoir, lake, or flowing water body when the effluent dispersal system is within one thousand two hundred (1,200) feet (365.76 meters) 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. 14. Two hundred (200) feet (60.96 meters) from the high water mark of a reservoir, lake, or flowing water body when the effluent dispersal system is located more than one thousand two hundred (1,200) feet (365.76 meters) but less than two thousand five hundred (2,500) feet (762 meters) 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. C-31 15. For oak trees, this requirement extends to five (5) feet (1.52m) outside of the drip line or fifteen (15) feet (4.57 meters) from the trunk, whichever is greater. In the event of inconsistencies between the setback requirements specified in the Los Angeles County Plumbing Code, Title 28, Appendix H, the California Well Standards, and Chapter 38, Part 2 of this code, the more restrictive requirements shall prevail. (Ord. 2018-0037 § 31, 2018.) 11.38.760 - Requirements for Soil Depth and Vertical Distance to Groundwater. A. A conventional OWTS shall have a minimum five (5) feet of natural undisturbed soil, excluding bedrock, below the bottom of a leach line, leach bed, or infiltrative chamber. B. A conventional OWTS shall have a minimum five (5) feet of separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater level if the percolation rate is five (5) minutes per inch to sixty (60) minutes per inch. C. A conventional OWTS shall have a minimum of twenty (20) feet of vertical separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater if the percolation rate is greater than one (1) minute per inch but less than five (5) minutes per inch. D. A NOWTS shall have a minimum of three (3) feet of natural undisturbed soil, excluding bedrock, below the bottom of the leach line, leach bed, or infiltrative chamber. E. A NOWTS shall have a minimum of two (2) feet of separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater level, except in areas near impaired water bodies where the minimum distance shall be three (3) feet. F. Any OWTS utilizing a seepage pit shall have a minimum separation of ten (10) feet from the bottom of the pit to the highest known groundwater. (Ord. 2018-0037 § 31, 2018.) 11.38.770 - Structural Requirements for Septic Tanks. It shall be unlawful to install a septic tank in a manner that does not comply with the following requirements: A. All new or replacement tanks shall be approved by the International Association of Plumbing and Mechanical Officers (IAPMO) or stamped and certified by a California registered civil engineer as meeting industry standards and installation shall be accomplished to the manufacturer's recommendations. B. New and replacement tanks on conventional OWTS shall be equipped with an effluent filter to prevent solids in excess of 3/16th of an inch from passing to the dispersal area. Septic tanks that use a National Sanitation Foundation/American National Standards C-32 Institute (NSF/ANSI) Standard forty-six (46) effluent filter shall be deemed in compliance with this requirement. C. All joints between the septic tank and its components shall be watertight and constructed of solid, durable materials to prevent excessive corrosion or decay. D. The invert level of the inlet pipe shall be at least two inches higher than the invert level of the outlet pipe. E. All septic tank access points shall have watertight risers the tops of which are set not more than six (6) inches below grade. Access openings at grade or above shall be locked or secured to prevent unauthorized access. (Ord. 2018-0037 § 31, 2018.) 11.38.780 - OWTS Utilizing Pumps to Move Effluent. OWTS that utilize pumps to move effluent to the septic tank or from the septic tank to the dispersal system shall: A. Be equipped with a visual, audible, or telemetric alarm that alerts the owner or service provider in the event of pump failure. B. Provide sufficient additional storage space in the second compartment of the septic tank or pump chamber during a twenty-four (24) hour power outage or pump failure and shall not allow an emergency overflow discharge. The capacity for the storage space shall be equal to 60 - 75 percent of the interior capacity of the pipes to be dosed. (Ord. 2018-0037 § 31, 2018.) 11.38.790 - Percolation Rates for Dispersal Fields. As an alternative to the percolation rates required in Appendix H of Los Angeles County Code, Title 28 (Plumbing Code), proposed OWTS utilizing a leach bed, leach field, or infiltrative chamber may report percolation test results as Minutes Per Inch (MPI). Percolation rates in MPI shall be either: A. In the range between five (5) MPI and sixty (60) MPI for use with a conventional OWTS. B. In the range between one (1) MPI and 4.9 MPI with a separation between the bottom on the dispersal system and groundwater of at least twenty (20) feet. (Ord. 2018-0037 § 31, 2018.) 11.38.800 - Interconnection of Dispersal Systems. C-33 Upon installation of a new dispersal system, the new system shall be interconnected with the existing system with an approved flow diversion device to allow for the alternating use of the two dispersal systems. (Ord. 2018-0037 § 31, 2018.) 11.38.810 - Prohibition on the Use of Seepage Pits for New Construction. A. The use of a seepage pit is prohibited for use with construction of onsite wastewater treatment systems for new buildings with applications submitted after the effective date of this ordinance, unless the system is equipped with additional treatment that meets the requirements of a NOWTS. B. Notwithstanding Section A, the use of a seepage pit in conjunction with a conventional OWTS is permitted for new construction for single unit dwellings with four (4) or fewer bedrooms. (Ord. 2018-0037 § 31, 2018.) 11.38.820 - Evidence of a Failing OWTS. Whenever the Director is made aware that an OWTS is at risk of failing, the Director shall send a letter directing the property owner to have the system evaluated by a qualified contractor within seven (7) calendar days to determine whether the system must be repaired or replaced. If the evaluation reveals that the system requires repair or replacement the property owner shall: A. Prevent any further discharges of sewage by having the system pumped by a sewage pumper truck at a frequency that will prevent overflow. B. Follow any directive issued by the Director that is necessary to protect groundwater or prevent surfacing of sewage effluent. C. Complete all repairs within a time determined by the Director. (Ord. 2018-0037 § 31, 2018.) 11.38.830 - When a NOWTS is Required. A. A NOWTS is required to be installed for new construction when any of the following conditions exist: 1. The percolation rate is faster than 5.12 gallons per square foot per day for a replacement seepage pit. 2. A seepage pit is proposed for installation at a new building other than a single unit dwelling with four (4) or fewer bedrooms. C-34 3. The percolation rate for a leach field or leach bed system is faster than one (1) MPI or greater than one (1) MPI but less than 4.9 MPI and groundwater is within twenty (20) feet of the bottom of the dispersal system for a new or replacement OWTS. 4. There is less than five (5) feet but at least two (2) feet of continuous, natural, undisturbed soil beneath a dispersal system. 5. The property of the proposed system is within six hundred (600) feet of an impaired water body that is listed for pathogens or nitrogen and no established Total Maximum Daily Load (TMDL) for that water body is present. 6. The property of the proposed system is within the area defined by an Advanced Protection Management Program (APMP) established by a TMDL implementation plan. B. A NOWTS proposed to be installed in the areas of the Antelope Valley within the jurisdiction of the Lahontan Regional Water Quality Control Board (LRWQCB) shall not be required to include a disinfection system. C. In addition to the circumstances listed in A above, the Director may require the installation of a NOWTS as a condition of a variance to setback requirements for repair of a failed existing system. All variances shall comply with the OWTS requirements and procedures to the maximum extent possible. (Ord. 2018-0037 § 31, 2018.) 11.38.840 - Minimum Conditions for Authorization to Install a NOWTS. All NOWTS shall meet the following minimum conditions: A. The system shall be certified by an agency accredited by the American National Standards Institute (ANSI) as meeting the National Sanitation Foundation (NSF) Standard two hundred forty-five (245) or the system shall be approved by the Director after completing a demonstration test described in the OWTS requirements and procedures. B. NOWTS requiring a disinfection system, shall be certified by an ANSI accredited agency as meeting NSF Standard forty-six (46) for disinfection devices. C. The septic tank shall be part of the NSF certified system, certified by the IAPMO, or evaluated by the local plumbing official and determined to be Plumbing Code equivalent. D. The NOWTS shall be equipped with a visual or audible alarm as well as a telemetric alarm that notifies the owner and the service provider of the NOWTS in the event of system malfunction. If the property requiring an NOWTS is in a location where telemetric monitoring is not possible, more frequent physical inspections are required per Section 11.38.880. E. The owner shall record a covenant against the title of the property meeting the requirements of Section 11.38.890. C-35 F. The owner, prior to approval of the NOWTS, shall enter into and maintain in effect at all times throughout the operational life of the system, a contract signed by both the property owner and a service provider certified by the components' manufacturer. The contract shall include: 1. Telemetric monitoring of the system for component failures or quarterly inspections of the disinfection system when telemetric monitoring is not available. 2. Annual inspections of the system or more frequent routine maintenance as recommended by the manufacturer when telemetric monitoring is available. 3. Any required sampling of influent and effluent based on the system type, age, and location. G. The Director may, at any reasonable time, require samples to be taken from the NOWTS while a department representative and/or a contractor or agent of the department is present. (Ord. 2018-0037 § 31, 2018.) 11.38.850 - Performance Standards for NOWTS. A. All NOWTS shall be designed to produce effluent that meets the following criteria: 1. Total Suspended Solids of less than thirty (30) mg. 2. Biological Oxygen Demand five (5) day average (BOD 5 ) of less than thirty (30) mg/l. 3. PH not less than 6.0 or greater than 9.0. B. NOWTS treatment of nitrogen must result in a fifty (50) percent reduction in Total Nitrogen. C. NOWTS provide disinfection that does not exceed a fecal coliform content of two hundred (200) per one hundred (100) milliliters using the Most Probable Number (MPN) analytical method with a minimum detection limit of 2.2 MPN. (Ord. 2018-0037 § 31, 2018.) 11.38.860 - NOWTS Permit. A. A permit shall be issued by the Director for the operation of a NOWTS upon the approval of the system. A permit shall be valid for the location, type of system, and conditions of the approval, unless suspended or revoked by the Director. B. The permit fee shall be collected in accordance with Los Angeles County Code Title 8, Sections 8.04.950 - 8.04.995. C. A permit may be suspended or revoked by the Director for the following reasons: C-36 1. The NOWTS is contributing to the contamination of groundwater, surface water, or resulting in the surfacing of effluent, and the owner has not returned the NOWTS to operating condition within the time required by the Director. 2. The owner does not submit records of maintenance inspections or results of effluent testing as required by this ordinance within the time required by the Director. D. It shall be a violation of this code to operate a NOWTS for which the permit has been suspended or revoked. E. The owner of the NOWTS shall make the system available within five (5) calendar days for inspection upon notice by the department. (Ord. 2018-0037 § 31, 2018.) 11.38.870 - Maintenance Required and Reporting Results. A. The property owner shall have the NOWTS inspected and serviced at the rate set by the manufacturer as set forth in the manufacturer's operation and maintenance manual or at least annually, by a service provider certified by the manufacturer. B. If the property is located in an area where telemetric monitoring is not possible, the property owner shall cause the NOWTS to be inspected monthly by the NOWTS owner as directed and instructed by a NOWTS service provider, and quarterly by the NOWTS service provider, in order to determine whether the NOWTS is operating as required. C. The service provider shall submit copies of all inspection and maintenance reports to the Director within thirty (30) days of any inspection or maintenance of the NOWTS. (Ord. 2018-0037 § 31, 2018.) 11.38.880 - Influent and Effluent Testing and Reporting Requirements. Owners of NOWTS shall have their maintenance service provider collect and submit samples for laboratory testing of influent and effluent to determine if the system meets the performance standards specified in Section 11.38.850. The frequency of this sampling shall comply with the following table. Type of System When Testing is Required All NOWTS After completions of repairs (Within seven (7) days) NOWTS installed in within six hundred (600) feet of a water body impaired for pathogenic bacteria or in Annually with telemetric monitoring orQuarterly without telemetric C-37 response to a TMDL for bacteria monitoring NOWTS larger than a single family residence located in the Antelope Valley Annually The service provider shall submit a copy of the laboratory analysis of effluent testing to the Director within thirty (30) days of the date the results are provided to the owner or service provider by the laboratory. (Ord. 2018-0037 § 31, 2018.) 11.38.890 - Covenant. A. The approval of a NOWTS for a future expansion area requires recordation of a covenant through the County office of the Registrar-Recorder/County Clerk. B. The installation of a NOWTS requires recordation of a covenant through the County Office of the Registrar-Recorder/County Clerk. C. The covenant shall inform all future prospective owners of the property of the following: 1. A NOWTS is installed on the property. 2. Operation and maintenance of the NOWTS is required to comply with State and local laws. 3. A service agreement for maintenance and monitoring is required at all times with an approved servicing company. 4. The Director must be notified in writing within thirty (30) days of a change of servicing company. 5. Maintenance records and effluent testing results must be submitted to the Director within thirty (30) days of annual servicing. 6. The owner is required to repair the system and conduct effluent testing of the system if inspection reveals that it is not in compliance with State or local laws. 7. The owner is required to replace the NOWTS at their own expense if it cannot be repaired to be in compliance. 8. The owner agrees to allow inspection of the NOWTS within five (5) calendar days, upon notice by the Director, absent an emergency. (Ord. 2018-0037 § 31, 2018.) C-38 Part 6 - SEWAGE PUMPING VEHICLES 11.38.900 - Seepage/Sewage Pumping Vehicle Operator. An operator of a seepage/sewage pumping vehicle is required to register with the local jurisdiction as per California Health and Safety Code Sections 117400-117450. A public health license shall be issued to the owner of a seepage/sewage pumping vehicle when that person has demonstrated that either the owner or an employee of the owner has adequate knowledge to train other employees as described in Section 11.38.910. A change of address of the owner including a member of a partnership that is registered and of the place of business thereof shall be reported in writing by the owner to the Director within two (2) days after the change of address. (Ord. 2018-0037 § 32, 2018.) 11.38.910 - Adequate Knowledge. A public health license shall only be issued after the applicant or his or her representative submits demonstrates adequate knowledge of the following topics: A. Knowledge of the equipment to be used. B. The applicant's knowledge of sanitary principles and of the laws and ordinances affecting human health or nuisances, including the factors that evidence a failing OWTS and appropriate locations for disposal of septage. Proper use of personal protective equipment. C. Clean up of spills or discharges of sewage from failed plumbing systems. Knowledge may be demonstrated by submitting curriculum for the training of new staff to the Director for approval, completion of a training course from a professional organization, such as the California Onsite Water Association (COWA), or an approved public entity or an online course acceptable to the Director. The individual receiving the training shall be designated as the trainer for his or her organization. The applicant shall maintain a trainer as part of the organization. If the trainer leaves the organization, it has ninety (90) days to obtain a new trainer. The owner shall be responsible for ensuring that employees responsible for the clean out of septic tanks, chemical toilets, cesspools and sewage seepage pits are properly trained before they work independently, and get trained annually thereafter. The owner shall have available for the Director upon request the name of the trainer and records of the employee's annual trainings. (Ord. 2018-0037 § 32, 2018.) 11.38.920 - Required for Seepage/Sewage Pumping Vehicle. C-39 No person shall operate a sewage pumping vehicle without first making application and securing a license from the Director. (Ord. 2018-0037 § 32, 2018.) 11.38.930 - Application and Issuance Conditions. A. Applications for seepage/sewage pumping vehicles shall be made on forms provided for that purpose by the Director. All applicable fees, shall be paid at the time of the application. B. The application shall include the Vehicle Identification Number (VIN), the year and make of vehicle, the vehicle license number, the tank capacity, the owner information, the location where the vehicle shall be stored, and any other data required by the Director. C. Upon receipt of an application, the Director shall make an inspection of the seepage/sewage pumping vehicle. If the applicant has complied with all applicable laws and regulations, and the vehicle meets the requirements of the inspection, the Director shall approve the application, and issue an annual license. (Ord. 2018-0037 § 32, 2018.) 11.38.940 - Suspension and Revocation of License. The Director may suspend or revoke the license of an operator of one (1) or more seepage/sewage pumping vehicles or the license of an individual seepage/sewage pumping vehicle. The Director may suspend or revoke a license issued to an operator of one (1) or more sewage pumping vehicle for any of the following violations: A. Discharge of sewage or the contents of one (1) or more trucks in a location other than one approved by the Director. B. Failure to submit quarterly reports identifying all of the locations serviced and where the contents of the truck were discharged. C. Failure to report locations that evidence conditions of a failing OWTS, a cesspool, or an earthen pit privy. The Director may suspend or revoke a license issued to a sewage pumping vehicle for violations of this code, including, leakage of sewage from the tank, valves, piping, or other equipment that may discharge to the ground surface. (Ord. 2018-0037 § 32, 2018.) 11.38.950 - Identification of Vehicle. C-40 Seepage/sewage pumping vehicles shall be identified with the business name, City, State, Zip Code and phone number on both sides of vehicle. The business name shall be in letters and numbers at least three (3) inches in height, additional information shall be at least one (1) inch in height and all letters and numbers shall be of a color contrasting to the vehicle. The public health registration number shall be located on the rear of the vehicle in letters and numbers at least three (3) inches high and of a color contrasting to the vehicle. (Ord. 2018-0037 § 32, 2018.) 11.38.960 - Construction of Seepage/Sewage Cleaning Vehicle. A seepage/sewage pumping vehicle shall be constructed and maintained at all times with the following components in good working order: A. A water tight tank, valves, piping, pumps and equipment maintained free from leakage. B. A hose for flushing contaminated areas. C. A quick release valve on the discharge outlet. D. A metal sleeve or other suitable device provided to reach from discharge outlet to manhole. E. Tight fitting covers for tank openings. (Ord. 2018-0037 § 32, 2018.) 11.38.970 - Seepage/Sewage Pumping Vehicle Operation Requirements. A. All contents of the sewage holding tank shall be deposited in an approved County Sanitation District location or at a location approved by the Director. B. Personal protective equipment including gloves, goggles, and boots shall be provided to all employees working with sewage or septage. C. A sewage spill kit shall be maintained on the vehicle for use in cleaning-up any sewage spills. The sewage spill kit shall contain at a minimum: 1. Containment barriers to prevent the spill from entering a storm drain. 2. Absorbent material. 3. A shovel. 4. Garbage bags. 5. Liquid disinfectant and powdered lime. D. The vehicle registration shall be maintained on the vehicle. E. The vehicle exterior shall be maintained free of sewage or other waste material. C-41 (Ord. 2018-0037 § 32, 2018.) 11.38.980 - Seepage/Sewage Pumping Vehicle Service Reports. A. Seepage/sewage pumping vehicles are required to file with the Director a quarterly report specifying all of the following: 1. The name and address of the owner or tenant of each and every one of the premises where a septic tank, cesspool, or sewage seepage pit has been cleaned out by the registrant, his or her employees, or by others on his or her behalf and the date of each cleaning. 2. The location where the cleanings are disposed of. 3. Discharges of waste that may result in violation of laws or ordinances required to be known by the registrant pursuant to Health and Safety Code Section 117420. B. OWTS showing symptoms of failure must be reported to the Director within twenty-four (24) hours of pumping. Factors evidencing a failing OWTS are identified in Section 11.38.042. (Ord. 2018-0037 § 32, 2018.) 11.38.010 - Abandoned water well. "Abandoned water well" means a nonoperating well which is not maintained in conformity with Section 11.38.290 of this chapter. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.3, 1959.) 11.38.015 - Average Annual Rainfall. "Average annual rainfall" means the average 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 2016 would be between 1981 - 2010. (Ord. 2018-0037 § 3, 2018.) 11.38.018 - Cesspool. "Cesspool" means an excavation with permeable sides and/or bottom that receives untreated sewage, wastewater, or drainage and is designed to retain organic matter or solids but permits liquids to seep through the bottom or sides. (Ord. 2018-0037 § 4, 2018.) C-42 11.38.020 - Chemical toilet. "Chemical toilet" means a privy structure constructed over a tank into which human fecal matter or urine is to be deposited, the tank designed to contain a disinfecting or bactericidal chemical solution. (Ord. 7583 Part 3 Ch. 5 § 531, 1959.) 11.38.025 - Covenant. "Covenant" means a written agreement between the property owner and the Director that runs with the land for the benefit of the County, which is recorded and filed with the Los Angeles County Registrar-Recorder/County Clerk. (Ord. 2018-0037 § 5, 2018.) 11.38.030 - Cross-connection. "Cross-connection" means any connection, physical or otherwise, between an approved water supply system and any nonapproved water supply system, or any condition, connection or arrangement between any domestic water supply system and any plumbing fixture, or any tank, receptacle, equipment or device through which it may be possible for nonpotable, used, unclean, polluted or contaminated water or other substance to enter any part of such domestic water system, under any condition. (Ord. 7583 Part 3 Ch. 5 § 501, 1959.) 11.38.033 - Domestic Wastewater. "Domestic wastewater" means wastewater normally discharged from plumbing fixtures, appliances, and other household devices including toilets, sinks, showers, bathtubs, kitchen sinks, laundry washing machines, dishwashing machines, and garbage disposals. Domestic wastewater includes wastewater normally discharged from commercial buildings such as office buildings, retail stores, and restaurants with a properly sized and functioning grease interceptor where, the wastewater does not exceed nine hundred (900) mg/L Biochemical Oxygen Demand (BOD) or from industrial facilities where domestic wastewater is segregated from industrial wastewater. Domestic wastewater does not include onsite wastewater treatment systems receiving a majority of its wastewater from recreational vehicle (RV) holding tank discharges, such as at RV dump stations. (Ord. 2018-0037 § 6, 2018.) 11.38.035 - Effluent. C-43 "Effluent" means sewage or partially treated sewage flowing out of a septic tank, aerobic treatment unit, dispersal system, or other onsite wastewater treatment system component. (Ord. 2018-0037 § 7, 2018.) 11.38.040 - Electrode well. "Electrode well" means any artificial excavation in excess of 50 feet deep, constructed by any method for the purpose of installing electrodes or electrical conductors, including, but not limited to, cathodic protection wells and grounding rod wells. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.2, 1959.) 11.38.042 - Failing Onsite Wastewater Treatment System. "Failing onsite wastewater treatment system" means a conventional or non-conventional onsite wastewater treatment system that is no longer able to safely treat or discharge wastewater, which may present a health risk to humans or adversely impact the environment. Factors that evidence a failing onsite wastewater treatment system include, but are not limited to: A. A backup of sewage into a structure which is caused by a septic tank or dispersal system malfunction other than a plumbing line blockage. B. A discharge of sewage or effluent to the ground surface. C. A septic tank that requires pumping more than two (2) times within a one hundred eighty (180) day period in order to provide adequate dispersal of sewage. D. A structural failure that causes effluent to discharge at a location other than where intended or allows groundwater to infiltrate the system. E. A system affects or will likely affect groundwater or surface water to a degree that makes the water unfit for drinking or other domestic uses or causes a human health hazard or other public nuisance condition. F. Inability to use the onsite wastewater treatment system as intended. (Ord. 2018-0037 § 8, 2018.) 11.38.044 - Feasibility Report. "Feasibility report" means the documents, test results, and geological reports required to be prepared and submitted to the Director in order to demonstrate the feasibility of installing an onsite wastewater treatment system or a non-conventional onsite wastewater treatment system, including the entirety of any future expansion area. (Ord. 2018-0037 § 9, 2018.) C-44 11.38.046 - Future Expansion Area. "Future expansion area" means an area designated and tested as the location for an additional dispersal system capable of handling one hundred (100) percent of the wastewater from the onsite wastewater treatment system once the original dispersal system fails. (Ord. 2018-0037 § 10, 2018.) 11.38.048 - Groundwater. "Groundwater" means water located below the land surface in the saturated zone of the soil or rock. Groundwater includes perched water tables, shallow water tables, and zones that are seasonally or permanently saturated. (Ord. 2018-0037 § 11, 2018.) 11.38.050 - Health hazard. "Health hazard" means any faulty operating condition, water treatment practice or method of distribution which creates, or may create, a danger to the well-being of any consumer. (Ord. 7583 Part 3 Ch. 5 § 502, 1959.) 11.38.052 - Impaired Water Body. "Impaired water body" means those surface water bodies or segments thereof that are identified on a list approved first by the State Water Resources Control Board and then approved by the U.S. Environmental Protection Agency (EPA) pursuant to Section 303(d) of the Federal Clean Water Act. (Ord. 2018-0037 § 12, 2018.) 11.38.055 - Non-Conventional Onsite Wastewater Treatment System (NOWTS). "Non-conventional onsite wastewater treatment system" or (NOWTS) means an onsite wastewater treatment system that utilizes, in addition to the septic tank, one (1) or more supplemental treatment components and may include an alternative dispersal system. Supplemental treatment may include systems to reduce the nitrogen concentration of the effluent, provide disinfection of the effluent, or both. (Ord. 2018-0037 § 13, 2018.) 11.38.060 - Nonactive water well. C-45 "Nonactive water well" is one which is not in active use, but which is maintained in conformance with the provisions of Section 11.38.290 of this chapter. (Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.4, 1959.) 11.38.070 - Nonconforming electrode well. "Nonconforming electrode well" means one which, as of October 2, 1970, the effective date of the ordinance codified in this section, has not been constructed in conformance with Section 11.38.240, or is not maintained in conformance with Section 11.38.290 of this chapter. (Ord. 10075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 504.5, 1959.) 11.38.075 - Onsite Wastewater Treatment System (OWTS). "Onsite wastewater treatment system" or (OWTS) means a sewage disposal system consisting of a wastewater holding tank and a method to dispose of treated effluent below the ground surface. The term OWTS refers to both conventional and non-conventional onsite wastewater treatment systems. (Ord. 2018-0037 § 14, 2018.) 11.38.078 - OWTS Requirements and Procedures. "OWTS requirements and procedures" means the required standards and procedures promulgated by the Director for the installation, operation, and discharge of effluent by conventional and non-conventional OWTS. (Ord. 2018-0037 § 15, 2018.) 11.38.080 - Privy Structure. "Privy structure" means a room or compartment constructed over a water tight vault or tank, into which human fecal matter or urine is to be deposited. (Ord. 2018-0037 § 16, 2018: Ord. 7583 Part 3 Ch. 5 § 530, 1959.) 11.38.090 - Sanitary defect. "Sanitary defect" means any faulty structural condition, whether of location, design or construction of collection facilities, treatment works or distribution works, which may regularly or occasionally prevent satisfactory purification of the water supply, or cause it to be contaminated or polluted. C-46 (Ord. 7583 Part 3 Ch. 5 § 503, 1959.) 11.38.092 - Seepage Pit. "Seepage pit" means an excavation at least ten (10) feet deep and three (3) to six (6) feet in diameter, typically cylindrical in shape with six (6) inches of rock between the pit wall and a concrete or brick liner, constructed for the purpose of disposing of sewage effluent from a septic tank or treatment tank. (Ord. 2018-0037 § 17, 2018.) 11.38.094 - Septic Tank. "Septic tank" means a water tight, compartmentalized, covered receptacle designed for primary treatment of wastewater and constructed to: A. Receive wastewater discharged from a building. B. Separate settleable solids from liquid. C. Digest organic matter by anaerobic bacterial action. D. Store digested solids. E. Clarify wastewater for further treatment with final subsurface discharge. (Ord. 2018-0037 § 18, 2018.) 11.38.096 - Sewage. "Sewage" means waste substance, liquid or solid, which contains or may contain human or animal excreta or excrement. (Ord. 2018-0037 § 19, 2018.) 11.38.098 - Telemetric Monitoring. "Telemetric monitoring" means the ability to automatically measure and transmit OWTS data by wire, radio, or other means. (Ord. 2018-0037 § 20, 2018.) 11.38.100 - Toilet room and toilet facilities. "Toilet room" means a room in which is located at least a water flush toilet. "Toilet facilities" means and includes water flush toilet, chemical toilets, pit privies and any other type of toilet. C-47 (Ord. 7583 Part 3 Ch. 5 § 529, 1959.) 11.38.110 - Water supply system. "Water supply system" means and includes the works and auxiliaries for collection, storage, treatment and distribution of water from the source to the free-flowing outlet of the ultimate consumer. (Ord. 7583 Part 3 Ch. 5 § 504, 1959.) 11.38.120 - Water well. "Water well" means any drilled, excavated, jetted or otherwise constructed excavation which is used or intended to be used to extract water from or inject water into the underground for any purpose, or to observe or test underground waters. This definition shall not include: A. Saltwater wells; B. Wells under the jurisdiction of the state of California, Division of Oil and Gas, except those wells converted to use as water wells; or C. Wells used for the purpose of dewatering excavation during construction, or stabilizing hillsides or earth embankments. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 504.1, 1959.) 11.38.130 - Domestic water—Sanitation standards designated. Every person supplying water for domestic or human consumption shall supply the water free from contamination or pollution so as to comply with the bacteriological drinking water standards as set forth in the United States Public Health Service Drinking Water Standards. (Ord. 7583 Part 3 Ch. 5 § 507, 1959.) 11.38.140 - Water supply—Permit or other compliance required. It is unlawful for any person to supply water from a newly constructed water system, or from a newly constructed portion of a water system, without valid permits as may be required by the director therefor, or until such construction complies with all of the provisions of this Division 1. (Ord. 7583 Part 3 Ch. 5 § 508, 1959.) 11.38.150 - Permit—Well construction. C-48 A. No person shall drill, dig, bore, deepen or excavate any well, or destroy an existing well, without first making application and securing a well construction permit from the director. B. No person shall convert any industrial, oil or irrigation well for use as a domestic water well, without first making application and securing a well construction permit from the director. (Ord. 2005-0053 § 7, 2005: Ord. 11992 § 2, 1979: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523, 1959.) 11.38.155 - Permit—Well yield test. No person shall perform a well yield test for the purpose of establishing water availability for residential and commercial development without first making application and securing a well yield test permit from the director. (Ord. 2005-0053 § 8, 2005.) 11.38.160 - Well construction permit—Application and issuance conditions. A. Applications for a well construction permit, as described in Section 11.38.150, shall be made on forms provided for that purpose by the director. All applicable fees, as provided for in Chapter 8.04 of Title 8, shall be paid at the time of application. B. The application shall include the name and address of the well owner and the well driller, the location of the proposed or existing well, a workplan that details the type of casing, the manner of sealing the casing, the method of destruction, where applicable and any other data required by the director. C. Upon receipt of an application, the director shall make an investigation. If the applicant has complied with all applicable laws and regulations, and the drilling, digging, boring, excavating, converting, destruction or design of the well will not create a condition which, in the opinion of the director, can pollute or contaminate the underground water or the water produced by the well, the director shall approve the workplan. A workplan approval remains valid for 180 days from the date of issuance. D. The well driller shall provide notification to the director at least two business days prior to the placement of the sanitary seal. E. Upon witnessing the placement of the annular seal for a new well or the final decommissioning seal, and all other requirements being met, the director shall approve the final inspection. F. When the director has received a copy of the well completion report, as defined in Section 13751 of the California Water Code, the director shall issue a well construction permit. (Ord. 2005-0053 § 9, 2005: Ord. 11992 § 4, 1979: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523.2, 1959.) C-49 11.38.165 - Well yield permit—Application and issuance conditions. A. Applications for well yield testing permit as described in 11.38.155 shall be made on forms provided for that purpose by the director. All applicable fees, as provided for in Chapter 8.04 of Title 8 shall be paid at the time of application. B. The application shall include the name and address of the well owner and the well driller, and the name of the well yield tester, the location of the proposed or existing well, the type of casing, the manner of sealing the casing, and any other data required by the director. C. When the well yield test has been completed to the satisfaction of the director and documentation of laboratory analysis showing that the water quality meets the primary bacteriological and chemical requirements of the Safe Drinking Water Standards, is provided to the department, a water availability approval shall be issued by the director for the purpose of obtaining a building permit. Well yield test results are valid for three (3) years from the date of approval. (Ord. 2005-0053 § 10, 2005.) 11.38.170 - Permit—Scope of work authorized—Suspension or revocation conditions. A permit shall be valid only for the location described on the permit. Construction, reconstruction or destruction of a well shall be carried out in compliance with all applicable regulations and requirements of the director of public health and with all ordinances and laws of the county of Los Angeles and of the state of California, and shall comply with the terms and conditions specified in the permit. If any of such conditions, regulations, ordinances or laws are not complied with, the director of public health may suspend or revoke the permit by mailing or personally serving written notice of suspension or revocation upon the applicant. (Ord. 2006-0040 § 103, 2006: Ord. 10075 § 1 (part), 1970: Ord. 9375 § 2 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 523.3, 1959.) 11.38.180 - Permit—Hearings following denial, suspension or revocation. Any person whose application for a permit has been denied, or whose permit has been suspended or revoked, may petition the director for a hearing. Such petition shall be in writing, signed by the applicant, and shall set forth in detail the facts and reasons upon which his petition is based. The time limit within which the petition must be filed is 20 business days following the date on which the notice of denial, suspension or revocation was mailed to the applicant. Notice of the time and place of the hearing shall be given to the applicant not less than five business days prior to such hearing, either by registered mail or in the manner required for the service of summons in civil actions. At the time and place set for the hearing, the director will give the applicant and other interested persons an adequate opportunity to present any relevant facts. The director may place any person involved in the matter, including C-50 the applicant, under oath. The director may, when he deems it necessary, continue any hearing by setting a new time and place and by giving notice to the applicant of such action. At the close of the hearing, or at any time within 10 days thereafter, the director will order such disposition of the application or permit as he has determined to be proper, and will make such disposition known to the applicant. (Ord. 10075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 523.4, 1959.) 11.38.190 - Wells—Location restrictions concerning contamination. It is unlawful for any person to drill, dig, excavate or bore any water well in any location in which sources of pollution or contamination are known to exist, or at such location whereby such water may become contaminated or polluted when the well is properly constructed and maintained. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 516, 1959.) 11.38.200 - Wells—Location restrictions concerning flooding. It is unlawful for a person to drill, dig, excavate or bore a water well in any location which is subject to flooding or inundation, unless it is protected from flooding or inundation and the location and method of protection approved by the director. (Ord. 7583 Part 3 Ch. 5 § 518, 1959.) 11.38.210 - Wells—Location restrictions concerning sewage disposal and animal keeping areas. A. It is unlawful for a person to drill, dig, excavate or bore a water well within 100 feet of a seepage pit or cesspool, within 50 feet of a sewage disposal field, a private or public sewer, privy, or place where animals or fowl are kept. Where special hazards are involved, the distance required may be increased or special construction required, as may be directed by the director. B. Where perforations or screens are located at or over 100 feet below the ground surface and where sealed and maintained in accordance with Section 11.38.290 of this chapter, or in such other circumstances as he determines lesser distances will not subject the water to contamination or pollution, the director may authorize lesser distances than those specified in this section. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 517, 1959.) 11.38.220 - Existing wells—New well requirements applicable when. A. All water wells used to supply domestic water shall conform to the requirements of a new water well, except the director may accept substitute methods when he finds it is C-51 impractical to fully meet such requirements and if he determines the substitute methods satisfactorily accomplish the intended purpose. B. Existing wells shall meet requirements for new wells regarding protection from flooding or contamination, or such protection which the director determines to be equivalent. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 525, 1959.) 11.38.230 - Construction of wells—Casing specifications. A. All water wells drilled, dug, or bored after August 11, 1967, shall have a durable, watertight casing, which shall extend to a depth that will exclude contamination or pollution by surface drainage and undesirable groundwater, and extend at least 18 inches above the surrounding natural ground level at the well site after drilling and until the pump is permanently mounted. B. All gravel-packed wells shall have an outside, watertight casing meeting the requirements of subsection A of this section. The top of the space between the outer and inner casings shall be closed or sealed to exclude surface drainage. The space between the outer easing and the drill hole shall be sealed as required by Section 11.38.280 of this chapter. When an additional pipe is provided for a "gravel chute," the top thereof shall extend above the floor or ground level, and be fitted with a tight cap or lid, unless in a locked room or an enclosure which is locked, bolted or screwed on tightly. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 520, 1959.) 11.38.240 - Electrode wells—Construction specifications. All electrode wells constructed after October 2, 1970, shall be constructed to the satisfaction of the director in such a manner as to exclude contamination or pollution of any usable underground water. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 520.1, 1959.) 11.38.250 - Construction of wells—Slab, pedestal and curtain wall requirements—Exemptions. All water wells drilled, dug, excavated, or bored after August 11, 1967, shall be provided with: A. A watertight, reinforced-concrete slab of a minimum thickness of six inches shall extend horizontally at least three feet from the well casing in all directions. The concrete slab shall adequately slope so as to drain water away from the well casing. The top surface of the slab at its outer edge shall be at least four inches above the surrounding ground level. This slab need not be provided, or the size and method of construction thereof may be modified, when the protection intended by this requirement or the exception of subsection D of this section is provided by an alternate method approved by the director. C-52 B. For pumps or pump motors installed above the well casing, the pump or motor shall be mounted on a concrete pedestal constructed around the well casing and sealed thereto, the top of which is at least eight inches above the finished grade at the well site and at least four inches above the slab surrounding such well. C. The pedestal and slab (and curtain wall, if required to protect an existing well) shall be poured monolithically, or otherwise constructed as approved by the director, to effectively prevent leakage between the pedestal and the slab. D. Exemptions. Means or methods other than those specified in subsections B or C of this section may be used to provide the required protection when the director determines such alternates are necessary and that they provide equivalent protection. A submersible-type pump may be installed with subsurface discharge and access when all subsurface entrances to the well or casing, other than into the aquifer, are effectively sealed, the enclosure is designed and constructed to exclude surface water or drainage, the area around the casing is provided with effective drainage, and other protective features are provided which the director determines will effectively prevent contamination or pollution from entering the well or the aquifer. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 521, 1959.) 11.38.255 - Wells—Shared wells. Any well intended to be shared with one to three residences other than the primary residence, shall demonstrate a safety factor in well capacity to the satisfaction of the director. (Ord. 2005-0053 § 11, 2005.) 11.38.270 - Domestic water—Disinfection procedures and standards. Every new, repaired or reconstructed domestic water well, after completion of construction, repair or reconstruction, and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well, including the gravel used in gravel-packed wells, the pump, and all portions of equipment coming in contact with well water, shall be disinfected with a solution containing at least 50 parts per million available chlorine, which shall remain in the well for a period of at least 24 hours, or by an equivalent method of disinfection satisfactory to the director, and such procedure shall be repeated, as necessary, to produce water meeting bacteriological standards as set forth in State Drinking Water Standards. No well water from a new or reconstructed well shall be used for domestic purposes until the water meets such bacteriological and chemical requirements. (Ord. 2005-0053 § 13, 2005: Ord. 10075 § 1 (part), 1970: Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 525.1, 1959.) 11.38.275 - Well yield testing—Authorized tester. C-53 Well yield testing to determine an adequate and sustainable source of water shall be performed by a California Registered Geologist, or a California Registered Engineer or class A General Engineering Contractor, or C-57, or C-61 (D-21) license issued by the State of California. (Ord. 2005-0053 § 14, 2005.) 11.38.280 - Domestic water—Sealing required. All domestic water wells and springs shall be sealed with concrete or other impervious material so as to protect against surface or subsurface contamination or pollution. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 513, 1959.) 11.38.285 - Wells—Well seal inspection required. No person shall pour the sanitary seal of the annular space between the casing and the borehole wall unless the director is present to witness the placement of sealing material. (Ord. 2005-0053 § 15, 2005.) 11.38.290 - Wells—Sealing required when. All water wells and electrode wells shall be kept sealed and maintained in a manner that will prevent the entrance of pump leakage, surface drainage, or any other contamination or pollution into the well or the aquifer, except that nonconforming electrode wells need not comply with this section until such time as the electrode is expended, or the well is reconstructed, or the well is no longer being used for its intended purpose, unless, in the judgment of the director, such exception constitutes a threat to the quality of an aquifer. (Ord. 10075 § 1 (part), 1970: Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 519, 1959.) 11.38.295 - Wells—Depth of seal required. The annular seal of all new or reconstructed wells shall extend a minimum of 50 feet below grade, or a greater amount, if in the judgment of the director, such additional depth is necessary to prevent ground water contamination. (Ord. 2005-0053 § 16, 2005.) 11.38.300 - Domestic water—Apparatus for disinfection and venting. All domestic water wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. The pipe, if provided, shall be extended to a height equal to the pump pedestal or at least eight inches C-54 above the finish grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. Equivalent protection for excluding contamination from the well shall be provided for subsurface-pump discharge installations. If an air-relief vent is used, it shall terminate downward and be screened and protected against the possibility of contaminating material entering the vent. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 522, 1959.) 11.38.310 - Wells—Discharge lines. All pump discharge lines shall leave the well at a higher elevation than the top of the casing. (Ord. 7583 Part 3 Ch. 5 § 526, 1959.) 11.38.320 - Log requirements. Any person who has drilled, dug, excavated or bored a water well shall, within 30 days after completion of the drillings, digging, excavating or boring of such water well, furnish the director with a complete log of such water well. This log shall include the type of casing, the depth of the well, the number and location of the perforations in the casing, and any other data required by the director. A copy of the log providing such information submitted to state agencies shall satisfy this requirement. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 515, 1959.) 11.38.330 - Destruction of water wells. All water wells, unless made to comply with Sections 11.38.280 and 11.38.290 of this chapter, shall be destroyed to the satisfaction of the director by filling with cement grout, puddled clay or similar impervious material as approved by the director, to thoroughly seal the well, including all voids, annular spaces, gravel envelopes, or other spaces, as necessary to protect the aquifer. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 524, 1959.) 11.38.340 - Destruction of electrode wells. All electrode wells, unless in compliance with Section 11.38.240 of this chapter, shall be destroyed to the satisfaction of the director, in such a manner as to exclude contamination or pollution of any usable underground water. (Ord. 10075 § 2 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 524.1, 1959.) 11.38.350 - Inlets from public water supply—Backflow prevention restrictions. C-55 No person shall install or allow to exist any inlet discharging water from a public water supply to be used for domestic or human consumption or industrial purposes in or into any tank, cistern, reservoir or receptacle for storage or use of water on the consumer's premises unless such inlet discharges such water at a height at least double the diameter of the inlet pipe above the maximum possible high-water level of such tank, cistern, reservoir or other receptacle for the storage or use of water, or unless such inlet is equipped with an approved backflow preventer. A backflow preventer is a device or means to prevent backflow into the potable water system. (Ord. 7583 Part 3 Ch. 5 § 512, 1959.) 11.38.360 - Pipelines—Disinfection procedures. Every new water main and every repaired section of an existing water main must be cleared of coliform bacteria by the proper application of chlorine in sufficient quantities to give a minimum of 50 parts per million of available chlorine. The new or repaired pipe shall be thoroughly flushed before and after chlorination. If the first application of chlorine is not sufficient, the procedure shall be repeated until the water will meet the standards set forth in the United States Public Health Service Drinking Water Standards. Means or methods providing equivalent treatment may be used if approved by the director. (Ord. 10075 § 1 (part), 1970: Ord. 7583 Part 3 Ch. 5 § 509, 1959.) 11.38.370 - Domestic water—Reservoirs and tanks—Protection from contamination. A. Durable protection and substantial covers shall be provided and maintained for each reservoir, tank, cistern, standpipe or other structure used for distribution or storage of domestic water. Covers shall be watertight, and shall be constructed so as to provide drainage away from the structure. All openings for ventilation shall be screened with corrosion-resistant screen not coarser than one-fourth-inch mesh to exclude rodents and birds, or with 16-mesh screen when such screen is necessary to control mosquito or insect breeding in such reservoir. All manholes shall be constructed with curbs raised above the surrounding surface, and installed in a manner to prevent roof or surface drainage from entering the structure. When it is determined by the director that it is impractical, due to size, shape or other unusual conditions, to provide and maintain a cover as provided for in this section, adequate treatment and protection of the water shall be provided as required and approved by the director. B. Any reservoir, standpipe, cistern, forebay, tank, weir box, receptacle, or any other form of installation used for the production, distribution or storage of any domestic water supply or water used for human consumption, shall be securely protected against pollution or contamination. (Ord. 9375 § 1 (part), 1967: Ord. 7583 Part 3 Ch. 5 § 514, 1959.) 11.38.380 - Cross-connections—Prohibited. C-56 It is unlawful for any person to have, keep, maintain, install or allow the existence of a cross- connection. (Ord. 7583 Part 3 Ch. 5 § 527, 1959.) 11.38.390 - Cross-connections—Corrections to comply with Building Code. Any device, fixture or equipment installed for the purpose of eliminating a cross-connection shall be of a type in compliance with and installed in accordance with the Building Code. (See Title 26 of the Los Angeles County Code.) (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 528, 1959.) 11.38.400 - Sanitary defects and health hazards—Prohibited when. All domestic water supply systems shall be constructed and maintained free from sanitary defects and health hazards. (Ord. 7583 Part 3 Ch. 5 § 505, 1959.) 11.38.410 - Sanitary defects and health hazards—Correction. When it is determined by the director that a sanitary defect or a health hazard exists, the director may order whatever steps he deems necessary to insure the safety of the water supply for the protection of the public health. (Ord. 7583 Part 3 Ch. 5 § 506, 1959.) 11.38.420 - Equipment or chemicals that may cause pollution—Sale and use restrictions. No person shall advertise, sell or offer for use or sale any water-treating chemical or substance, water-using or water-operated equipment, mechanism or contrivance, which may cause contamination or pollution of the domestic water supply. Such devices may be permitted when equipped with backflow protection devices meeting the requirements of the Building Code. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 528.1, 1959.) 11.38.430 - Chlorination—Required when—Procedures. Upon notice by the director to the owner or operator of a water supply system, such owner or operator shall thoroughly cleanse and chlorinate any reservoir, tank, well, spring or pipe used in the production, distribution or storage of any domestic water or water used for human consumption, as directed by the director, to insure the safety of the water. When chemical disinfection is employed, the dosage or rates of application shall at all times be sufficient to C-57 provide adequately disinfected water at all points of the distribution system. The director may order continuous automatic disinfection for any water supply when, in his opinion, such treatment is necessary for the protection of the public health. (Ord. 7583 Part 3 Ch. 5 § 510, 1959.) 11.38.440 - Chlorination—Recordkeeping and testing. All suppliers of domestic water, when required by the director to use continuous chlorination, shall add chlorine in sufficient quantity to insure the bacteriological safety of the water at all points in the distribution system. A free-chlorine residual shall be maintained at all times at sampling points approved by the director. Routine chlorine residual tests shall be made daily, and permanent records kept of such tests. Copies of the records shall be furnished the director upon request. (Ord. 7583 Part 3 Ch. 5 § 511, 1959.) 11.38.450 - Reserved. 11.38.460 - Reserved. 11.38.470 - Reserved. 11.38.480 - Backflow prevention devices. A. Qualified Testers. No person shall test and make reports on backflow prevention devices as required in Title 17 of the California Code of Regulations unless he has a certificate of competence issued by the director. The director may conduct examinations to determine the competency of any person desiring to test and make reports on backflow prevention devices for the purpose of complying with the requirements of Title 17 of the California Code of Regulations. Those persons who have been determined by the director to be competent shall receive from the director a certificate of competence. It is unlawful for any person to maintain a backflow prevention device unless it is tested at least annually. B. Test Required. Backflow prevention devices which have been installed to meet the requirements of Title 17 of the California Code of Regulations shall be tested at least once each calendar year by a person having received a certificate of competence from the director. Records of such tests shall be filed with the director within 30 days after such tests, upon forms provided by the director. C. Devices in Good Repair. It is unlawful to use any backflow prevention device installed to meet the requirements of Title 17 of the California Code of Regulations unless it is in good repair. Devices which are defective shall be repaired and tested immediately upon being put into use, and a report of such shall be filed with the director within 30 days after such test. C-58 D. Director may distribute to the public a list of those persons certified under paragraph A. above and may charge $159.00 for inclusion on such list. (Ord. 2006-0040 § 105, 2006: Ord. 93-0055 § 14, 1993; Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 528.2, 1959.) 11.38.490 - Privies—Location Restrictions. A privy or privy structure shall only be installed in remote public or private recreation areas, where there is no running water or practical means of sewage disposal. Privies shall only be permitted to be installed where they are accessible for servicing by a seepage/sewage pumping vehicle. A privy or privy structure shall not be in close proximity of any food establishments of any kind or character. A privy or privy structure shall not be associated with any residential dwelling. When determined by the Director that necessity for permitted privy or privy structure no longer exists, the Director may revoke the permit. No person shall continue to maintain a privy after the permit for maintenance thereof has been revoked. Whenever any privy or privy structure is to be abandoned or no longer in service, notification shall be provided to the Director, and destruction of the privy or privy structure shall be accomplished in a manner approved by the Director. (Ord. 2018-0037 § 25, 2018: Ord. 7583 Part 3 Ch. 5 § 537, 1959.) 11.38.500 - Privies—Construction Specifications. It is unlawful to erect or maintain a privy unless a suitable shelter is provided to afford privacy and protection from the elements. The openings of such structure shall be enclosed by metal mosquito-screening. The door thereof shall be so constructed as to close automatically by means of a spring or other device. The construction of the privy structure shall be such as to exclude all rodents, flies and other insects from the tank or vault. The privy structure shall be maintained in good repair, in a clean and sanitary condition, and free from flies, other insects and rodents, and shall be properly ventilated. The tank or vault where waste is held shall be made of a water tight material and all seams or joints shall be water tight. The privy structure over the tank or vault shall completely cover the tank or vault and shall be mounted on a cement or masonry foundation at least four (4) inches wide and extending at least six (6) inches above and twelve (12) inches below ground level. The tank or vault shall be at least four (4) feet deep and shall be provided with a vent at least six (6) inches in cross-Sectional dimension, extending from the pit to a point higher than the highest point of the roof. Such vent shall be effectively screened. There shall be an access port to allow cleaning of the tank or vault by a sewage cleaning and carrying vehicle. (Ord. 2018-0037 § 26, 2018: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 535, 1959.) C-59 11.38.510 - Privies—Maintenance. The tank or vault of a privy shall not be permitted to become filled with excreta nearer than two (2) feet from the surface of the ground. The content of the privy shall be pumped out as needed by a seepage/sewage pumping vehicle permitted by the Director. (Ord. 2018-0037 § 27, 2018: Ord. 7583 Part 3 Ch. 5 § 536, 1959.) 11.38.520 - Earthen Pit Privies and Cesspools—Construction Prohibited. The construction of new earthen pit privies and cesspools is prohibited. An earthen pit privy currently in existence may continue to be used until it is determined that the cesspool has failed, is contaminating groundwater, or a building permit is issued to modify the residential structure served by the earthen pit privy. (Ord. 2018-0037 § 28, 2018: Ord. 7583 Part 3 Ch. 5 § 534, 1959.) 11.38.530 - Privies—Contamination of Water Prohibited. It is unlawful for any person to construct, maintain or keep a privy in any location in which it may contaminate or pollute any stream, channel, pond, lake, reservoir or any source of water. In no case shall a privy be constructed, maintained, or kept less than one hundred (100) feet from any stream, water channel, spring, or well, and two hundred (200) feet from any pond, lake, reservoir or infiltration gallery. (Ord. 2018-0037 § 29, 2018: Ord. 7583 Part 3 Ch. 5 § 538, 1959.) 11.38.535 - Chemical Toilets. Chemical toilets are intended to serve non-residential, limited use activities, such as field labor operations, special events, and temporary construction sites where connection to the sewer or construction of an OWTS is not practicable. Except for those activities covered under California Occupational Health and Safety requirements or businesses permitted by the Department of Regional Planning to operate under electric transmission lines, the use of chemical toilets at a location for over three (3) days requires a public health permit. (Ord. 2018-0037 § 30, 2018.) 11.38.540 - Chemical toilets—Construction and maintenance. It is unlawful to erect or maintain a chemical toilet unless it complies with the following: A. Chemical toilets shall have a suitable structure to afford privacy and protection from the elements, and be constructed to exclude all rodents, flies and other insects. All openings of C-60 the structure to the outside shall be enclosed with metal mosquito-screening. The door shall be constructed as to be self-closing. A vent or window shall be provided for light during daylight hours. Artificial light shall be provided when the chemical toilets is to be used at night. B. The walls and ceilings of the structure shall be reasonably smooth and well painted in a light color, and be capable of withstanding repeated washing and scrubbing. C. Chemical-toilet storage tanks shall be enclosed within the structure, properly vented, watertight, and in good repair. D. The toilet seat shall be a commercial, split-front type, oval in shape, with a smooth, impervious surface, and installed so as to be easily cleaned. The seat shall be centered over the hole to prevent the deposition of fecal matter on sides of the drop tube. The drop tube shall have sides that are installed vertically or flared out at the connection to the tank. E. The metal drop tube beneath the toilet seat shall follow the shape of the toilet seat and fit smoothly into the top of the tank enclosure. It shall have a noncorrosive surface. There shall be no cracks or rough edges around this opening or in the entire bench. Circular openings shall be permitted only if their diameter is at least equal to the largest dimension of the toilet seat opening. F. The maximum distance between the inside edge of the opening between the toilet seat and the front of the tank enclosure shall be two inches. G. All structures intended for male use shall contain a urinal located at least 20 inches from the toilet seat openings. The urinal shall be made from durable, noncorrosive, impervious material finished with smooth surfaces and proper slopes so that it is easily cleaned and readily drains. A splash board of similar material at least eight inches higher than the overflow rim shall be provided. Hoses or pipes used to drain urinals shall be a minimum of one inch inside diameter, shall be securely attached, and shall be constructed of a noncorrosive, watertight, easily cleanable material. The urinal shall be designed to minimize splashing. H. The toilet structure shall be adequately ventilated with openings screened with 16-mesh screen or equal. These ventilation openings shall contain at least four square feet of total area. I. The chemical toilet structure shall be sufficiently large to provide adequate space for the users, with the minimum width or depth equal to three feet, six inches. J. Each chemical toilet structure shall have painted thereon, in clear letters at least three inches in height, the name of the owner and the company number of the unit. K. A suitable device for holding toilet paper shall be provided. L. The interior of the structure and tanks shall be cleaned at least once a week while the units are in use and more frequently when necessary to maintain them in a clean and odorfree condition. M. Toilet paper shall be available at all times. C-61 N. After cleaning, there shall be placed in the tank a solution of a type which effectively controls odors. When initially filled, and at all times when in use, the tank shall contain sufficient solution to cover all solids accumulated and to prevent fly breeding. O. Sewage from chemical toilets shall be disposed of only in a sanitary sewer system approved by the director. P. Whenever chemical toilets are returned after a job, the interior shall be thoroughly cleaned and repainted when necessary. Q. A chemical toilet shall be located at least four feet from a property line, at least 20 feet from the nearest occupied residence, and at least 10 feet from a street or public sidewalk. R. A chemical toilet shall be kept clean and in good repair at all times. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 535.1, 1959.) 11.38.550 - Toilets at construction sites. There shall be not less than one toilet facility for each multiple of 20 employees, or fractional part thereof, work at a construction job site. for the purpose of this section, the term "construction site" shall mean the location on which actual construction of a building, structure, or facility, is in progress. (Ord. 7583 Part 3 Ch. 5 § 539, 1959.) 11.38.560 - Public washrooms, toilet facilities, showers, and baths. Every person maintaining a privy structure, toilet room, washroom, bath or shower room for the use of his employees, or the public, shall at all times keep the floors, walls, ceilings, toilet facilities, urinals, lavatories and other equipment therein in good repair and free from dirt, filth and corrosion. All baths, showers, lavatories and urinals, except urinals constructed in connection with a privy, shall be adequately supplied with running water. Rooms used for such facilities shall be well ventilated and lighted. All lavatories shall be kept supplied with soap and individual towels with a receptacle for their disposal. All toilet facilities shall be kept supplied with toilet paper. In connection with every public toilet hereafter erected, there shall be maintained hand-washing facilities for the public and employees. (Ord. 7583 Part 3 Ch. 5 § 533, 1959.) 11.38.570 - Facilities required—Business establishments and public gatherings. It is unlawful for any person to conduct a business or place of public gathering unless there is provided, in a separate room and on the premises, adequate and conveniently located toilet facilities and lavatories. If, in the opinion of the director, the number of toilet facilities and C-62 lavatories is inadequate, he shall order additional toilet facilities or lavatories, or both, to be provided. A. If restroom facilities are made available for the public, clients, or employees, no person owning, controlling, or having charge of such accommodation or facility shall prohibit or prevent the use of such restroom facilities by a person with a physical handicap, regardless of whether that person is a customer, client, employee, or paid entrant to the accommodation or facility. Employee restrooms need not be made available if there are other restroom facilities available on the premises unless employee restroom facilities have been constructed or altered to accommodate the physically handicapped and such facilities are not available elsewhere on the premises. Restroom facilities located within food establishments which are accessible only through the food preparation area shall be made available to persons requiring the use of Seeing-eye dogs by having an employee or other person escort the individual to the facility. No live animals shall be allowed in the food preparation area. B. The following definitions are applicable to this section: 1. "A person with a physical handicap" includes: a. An individual who has an impairment, either permanent or temporary in nature as follows: i. Impairments that affect ambulation due to cerebral palsy, poliomyelitis, spinal cord injury, amputation, arthritis, cardiac and pulmonary conditions and other conditions or diseases which reduce mobility, including aging, ii. Impairments that require the use of crutches, canes, wheelchairs, braces, walkers, or other ambulatory assistive devices, iii. Total blindness or impairments affecting sight to the extent that the individual functioning in public areas may be insecure or exposed to danger, and iv. Deafness or hearing impairments that may expose an individual to danger or insecurity; b. An individual who requests the use of the restroom facilities and states that because of a physical infirmity he or she requires immediate access to restroom facilities. 2. "Public accommodation or facility" means a building, structure, facility, complex, or improved area that is used by the general public and shall include those accommodations and facilities listed in Sections 19955 and 19955.5 of the Health and Safety Code. C. Nothing in this section requires the making of structural alterations, repairs, remodels, modifications, or additions not otherwise required by applicable local, state and/or federal law. C-63 D. Every restaurant or itinerant restaurant where alcoholic beverages are sold or given away for consumption on the premises shall be provided with, for the use of the public, at least one urinal for men, one water flush toilet for each sex, and at least one lavatory in conjunction with and convenient to each water flush toilet. If, in the opinion of the director, the number of urinals, water flush toilets or lavatories is inadequate, such additional facilities as he shall deem necessary shall be provided. There shall be adequate space provided in each toilet room to permit the use of these facilities without overcrowding. (Ord. 2007-0089 § 98, 2007; Ord. 89-0033 § 1, 1989: Ord. 7583 Part 3 Ch. 5 § 532, 1959.) 11.38.580 - Facilities required—Theaters, clubs and other places for public assembly. No person conducting, managing or operating any moving picture show or theater, dance hall, nightclub, circus, amusement park or other place of public amusement or public assemblage shall fail, refuse or neglect to comply with the following requirements: A. The floors, walls, ceilings, doors, windows, stairways, hallways and every other part thereof shall be maintained in good repair, in a clean, sanitary condition, and shall be painted or otherwise renovated whenever necessary. B. All rugs, carpets or other floor coverings, tables, chairs, seats, counters and all similar equipment shall be kept clean and in good repair. C. Suitable approved drinking fountains, with guarded angle jets and with properly adjusted water pressure, shall be provided and maintained in good condition. D. Exhaust fans and other ventilation equipment shall be provided, and shall be operated so as to keep the air in a reasonably fresh and wholesome condition whenever a building, or part thereof, is occupied as a place of public assemblage. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 532.1, 1959.) 11.38.590 - Industrial waste—Discharge prohibited where—Exceptions. A. No person shall discharge, deposit, drain or place any material, liquid waste or other substance, directly or indirectly, into any channel, natural or artificial drain, watercourse, river, tributary, water or subsurface water, whether such water be fresh, salt or saline, or combinations of these, in such a manner which may liberate or produce any noxious or dangerous odors, or produce unsightly or offensive deposits, or which may be injurious, deleterious or dangerous to the health, or which may cause a nuisance or may cause an impairment of the quality of such waters, or which may adversely or unreasonably affect such waters for domestic, recreational or other beneficial uses. C-64 B. Exception: This section shall not apply in the unincorporated territory of the county or in those cities which have adopted county Ordinance 6130, on sewers and industrial waste, directly or by reference. (See Title 20 of this code.) (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 500.1, 1959.) 11.38.600 - Keeping animals or fowl—Restrictions—Contaminating water supply prohibited. It shall be unlawful for any person to locate or maintain any animal or fowl in such manner or location whereby any portion of a domestic water supply system may become contaminated or polluted, or for any animal or fowl to be kept within 50 feet from any stream, water channel, spring, well, pond, lake, reservoir, infiltration gallery or underground water from which water may be drawn for domestic consumption. (Ord. 7583 Part 3 Ch. 5 § 540, 1959.) 11.38.610 - Sewage discharge prohibited where—Abatement. A. When sewage, other than the discharge from an approved sewage-treatment plant, is overflowing or being discharged upon the surface of any premises, the director may order the occupant or occupants thereof who contribute to such overflow or discharge to abate the same forthwith. B. If such occupant or occupants fail to abate such overflow or discharge as ordered, the director may order such occupant or occupants to vacate the premises within 24 hours. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 5 § 543, 1959.) 11.38.620 - Hose Watering Prohibition. No person shall hose water or wash down any sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required for the benefit of public health and safety. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 1, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.630 - Watering of Lawns and Landscaping. A. No person shall water or cause to be watered any lawn or landscaping between the hours of 10:00 a.m. and 5:00 p.m. B. No person shall water or cause to be watered any lawn or landscaping more than once a day. C-65 C. No person shall water or cause to be watered any lawn or landscaping to such an extent that runoff into adjacent property, non-irrigated areas, private and public walkways, roadways, structures, adjoining streets, parking lots or alleys occurs due to incorrectly directed or maintained sprinklers or excessive watering. D. It shall be the duty of all persons who own or rent premises that have hoses, faucets and sprinkling systems to inspect for leaks, and to cause all leaks to be repaired as soon as is reasonably practicable. E. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 2, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.640 - Indoor Plumbing and Fixtures. A. It shall be the duty of all persons who own or rent premises that have accessible indoor plumbing and faucets to inspect for leaks, and to cause all leaks to be repaired as soon as is reasonably practicable. B. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 3, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.650 - Washing Vehicles. No motor vehicle, boat, trailer, or other type of mobile equipment may be washed, except at a commercial carwash or with reclaimed water, unless such vehicle is washed by using a hand- held bucket or a water hose equipped with an automatic shutoff nozzle. No person shall leave a water hose running while washing a vehicle or at any other time. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 4, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.660 - Public Eating Places. No restaurant, hotel, cafeteria, café, or other public place where food is sold or served shall serve drinking water to any customer unless specifically requested to do so by such customer. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. C-66 (Ord. 2015-0004 § 5, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.670 - Decorative Fountains. No person shall use water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures unless such water flows through a recycling system. Willful violation hereof shall be subject to a written warning for the first violation, and shall be an infraction punishable by a fine of $500.00 for each day thereafter on which a violation occurs. (Ord. 2015-0004 § 6, 2015: Ord. 2008-0052U § 1 (part), 2008: Ord. 91-0046U § 1 (part), 1991.) 11.38.680 - Procedural Requirements. The Director of Public Works, with input and concurrence from the Director of Public Health, shall periodically review the provisions of this Part and recommend necessary updates to the Board of Supervisors. The review of these provisions and preparation of resulting recommendations, if any, shall be performed, at a minimum, every two years following the first review, which shall be completed by December 31, 2010. (Ord. 2015-0004 § 7, 2015: Ord. 2008-0052U § 1 (part), 2008.) 11.38.700 - Discharge of Material or Liquid. A. No person shall allow sewage, domestic or industrial wastewater, or any matter or substance, offensive, injurious, or dangerous to health, to empty, flow, seep, or drain onto the surface of any land. B. No person shall allow sewage, treated effluent, or any matter or substance, offensive, injurious, or dangerous, to health to empty, flow, seep, or drain into, or affect any well, spring, stream, river, lake or other waters. C. A violation of this Section is declared a public nuisance. (Ord. 2018-0037 § 31, 2018.) 11.38.710 - OWTS Requirements and Procedures. The Director shall promulgate the OWTS requirements and procedures within thirty (30) calendar days of the adoption of this ordinance. The OWTS requirements and procedures shall be made available to the public at no charge, upon request. The Director shall review the requirements and procedures a minimum of once every five (5) years and amend the OWTS requirements and procedures as necessary to protect the health of the public and the waters of the State. The Director shall provide notice to the public of any proposed change(s) and provide members of the public an opportunity to comment prior to implementation. C-67 (Ord. 2018-0037 § 31, 2018.) 11.38.720 - Onsite Wastewater Treatment Systems—Plan Review and Permit Requirements. A. The Director shall have the authority to require the submission of any plans and specifications pertaining to or impacting onsite wastewater treatment systems. Such plans include, but are not limited to, subdivision of parcels where a public sewer is not available, building expansion, and the addition of a structure on a parcel of property utilizing an onsite wastewater treatment system. B. A person proposing to construct, install, alter or repair any onsite wastewater treatment system or part thereof, or a privy structure shall submit an application and receive plan approval from the Director in accordance with the requirements of this Chapter and Title 28, Plumbing Code, including Appendix H, of the Los Angeles County Code and with the OWTS requirements and procedures prior to any work being performed. C. A person proposing to construct or expand a building or other structure, upon which property an onsite wastewater treatment system or non-conventional onsite wastewater treatment system is installed, shall submit an application and receive a plan approval from the Director. The Director's evaluation of the proposed construction or expansion plan shall determine whether the new building, structure or expansion interferes with the existing onsite wastewater treatment system or any future expansion area required by Los Angeles County Code, Title 28, Plumbing Code. D. An application shall be made on forms provided for that purpose by the Director. Any required fee shall be paid at the time of application. E. The Director's approval of an onsite wastewater treatment system plan under this Section is separate from, and does not constitute compliance with, any permit requirements contained elsewhere in this code, including, but not limited to, the requirements under this Title 11 for obtaining a renewable operating permit for NOWTS and any requirements under Title 28, Plumbing Code for obtaining a permit for the construction or installation of an OWTS. F. All onsite wastewater treatment systems must be installed in accordance with the plans as approved by the Director. Any changes in the installation plans must be reviewed and approved by the Director prior to installation. G. Any plan approval issued by the Director shall be valid for one (1) year from the date of approval. If a property owner has not obtained a building permit within one year, a property owner may request an extension of the plan approval for up to one (1) additional year. If the property owner has not obtained a building permit within two (2) years, the property owner must submit a new application meeting the requirements of the most recent version of the California Plumbing Code, and pay the required fee. (Ord. 2018-0037 § 31, 2018.) 11.38.730 - Restrictions on Use of OWTS when a Public Sewer is Available. C-68 The Director shall not issue a permit for a new onsite wastewater treatment system, approve the repair or replacement of an onsite wastewater treatment system, nor approve a project requiring the evaluation of an existing onsite wastewater treatment system if a public sewer is available within two hundred (200) feet of the building or proposed building. (Ord. 2018-0037 § 31, 2018.) 11.38.740 - Limitations on Sub-Divisions without Public Sewer Available. Land development projects including Conditional Use Permits (CUP) and parcel sub-division projects where a public sewer is not available and that are proposed after the effective date of this ordinance, shall require the installation of a non-conventional onsite wastewater treatment system if the parcel size is smaller than the allowable density values in the following table for a single family dwelling unit, or its equivalent. The requirement for a NOWTS requires recordation of a covenant through the County Office of the Registrar-Recorder/County Clerk as part of the approval of the CUP or approval of the new parcels. Average Annual Rainfall (inches/year) Allowable Density Value (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 (Ord. 2018-0037 § 31, 2018.) 11.38.750 - Horizontal Setback Requirements. OWTS shall not be installed in such a manner that any of its components are located within the horizontal setbacks identified in the following table. C-69 Minimum Horizontal Distance in Clear Required From: Septic Tank Disposal Field Seepage Pit Buildings or Structures 1 5 feet (1.52 meters) 8 feet (2.44 meters) 8 feet (2.44 meters) Property line adjoining private property 5 feet (1.52 meters) 5 feet (1.52 meters) 8 feet (2.44 meters) Public Water Well, Where depth of effluent dispersal system >10 feet 7,8 200 feet (61 meters) 8 200 feet (61 meters) Public Water Well, Where depth of effluent dispersal system ≤10 feet 7 150 feet (45.7 meters) 150 feet (45.7 meters) Springs, and Flowing Surface Water 7,9 100 feet 9 (30.5 meters) 100 feet 6,9 (30.5 meters) 150 feet 6,9 (45.7 meters) Vernal Pools, Wetlands, Lakes, Ponds, or Other (Non- Flowing) Surface Water Bodies 7,10 200 feet 10 (61 meters) 200 feet 6,10 (61 meters) 200 feet 6,10 (61 meters) Seepage pits 5 feet (1.52 meters) 5 feet (1.52 meters) 12 feet (3.66 meters) Disposal field 5 feet (1.52 meters) 4 feet 4 (1.22 meters) 5 feet (1.52 meters) On site domestic water service line 5 feet (1.52 5 feet (1.52 5 feet (1.52 C-70 meters) meters) meters) Distribution box 5 feet (1.52 meters) 5 feet (1.52 meters) Pressure public water main 10 feet (3.05 meters) 10 feet (3.05 meters) 10 feet (3.05 meters) Private Water Wells 7 100 feet (30.5 meters) 100 feet (30.5 meters) 150 feet (45.72 meters) Monitoring wells 11 100 feet (30.5 meters) 100 feet (30.5 meters) 100 feet (30.5 meters) Unstable Land Mass or Areas Subject to Earth Slides 12 100 feet (30.5 meters) 100 feet (30.5 meters) 100 feet (30.5 meters) High Water Mark of Reservoir, Lake, or Flowing Water Body, Type I 13 400 feet (122 meters) 400 feet (122 meters) 400 feet (122 meters) High Water Mark of Reservoir, Lake, or Flowing Water Body,Type II 14 200 feet (61 meters) 200 feet (61 meters) 200 feet (61 meters) Trunk of any tree 15 10 feet (3.05 meters) 10 feet (3.05 meters) 10 feet (3.05 meters) *Notes: C-71 When disposal fields and/or seepage pits are installed in sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be fifteen (15) feet (4.57 meters). 1. Including decks, patios, porches and steps, whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walks, covered driveways, and similar structures or appurtenances. 2. Reserved. 3. Reserved. 4. Plus two (2) feet (.61m) for each additional one (1) foot (.305 meters) of depth in excess of one (1) foot (.305 meters) below the bottom of the drain line. (See also Section K 6 in Appendix K of the Plumbing Code.) 5. Reserved. 6. These minimum clear horizontal distances shall also apply between disposal field, seepage pits, and the ocean mean higher high tide line. 7. Where special hazards are involved, the distance required shall be increased as may be directed by the authority having jurisdiction. 8. If the depth of the effluent dispersal system exceeds twenty (20) feet (6.1 meters) and is within six hundred (600) feet (182.88 meters) of a public water well, the setback must be such that there is at least two-year travel time for microbiological contaminants. 9. Includes 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. 10. Distance 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. 11. Where regulatory or legitimate data requirements necessitate, the required distance to monitoring wells may be decreased as may be directed by the authority having jurisdiction. If the monitoring well is installed to monitor the groundwater at the waste effluent discharge, the setbacks do not apply. 12. Unstable land mass or areas subject to earth slides shall be identified by a registered engineer or registered geologist; other setback distances are allowed, if recommended by a geotechnical report prepared by a qualified professional. 13. Four hundred (400) feet (121.92 meters) from the high water mark of a reservoir, lake, or flowing water body when the effluent dispersal system is within one thousand two hundred (1,200) feet (365.76 meters) 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. C-72 14. Two hundred (200) feet (60.96 meters) from the high water mark of a reservoir, lake, or flowing water body when the effluent dispersal system is located more than one thousand two hundred (1,200) feet (365.76 meters) but less than two thousand five hundred (2,500) feet (762 meters) 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. 15. For oak trees, this requirement extends to five (5) feet (1.52m) outside of the drip line or fifteen (15) feet (4.57 meters) from the trunk, whichever is greater. In the event of inconsistencies between the setback requirements specified in the Los Angeles County Plumbing Code, Title 28, Appendix H, the California Well Standards, and Chapter 38, Part 2 of this code, the more restrictive requirements shall prevail. (Ord. 2018-0037 § 31, 2018.) 11.38.760 - Requirements for Soil Depth and Vertical Distance to Groundwater. A. A conventional OWTS shall have a minimum five (5) feet of natural undisturbed soil, excluding bedrock, below the bottom of a leach line, leach bed, or infiltrative chamber. B. A conventional OWTS shall have a minimum five (5) feet of separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater level if the percolation rate is five (5) minutes per inch to sixty (60) minutes per inch. C. A conventional OWTS shall have a minimum of twenty (20) feet of vertical separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater if the percolation rate is greater than one (1) minute per inch but less than five (5) minutes per inch. D. A NOWTS shall have a minimum of three (3) feet of natural undisturbed soil, excluding bedrock, below the bottom of the leach line, leach bed, or infiltrative chamber. E. A NOWTS shall have a minimum of two (2) feet of separation from the bottom of the leach line, leach bed, or infiltrative chamber and the highest known groundwater level, except in areas near impaired water bodies where the minimum distance shall be three (3) feet. F. Any OWTS utilizing a seepage pit shall have a minimum separation of ten (10) feet from the bottom of the pit to the highest known groundwater. (Ord. 2018-0037 § 31, 2018.) 11.38.770 - Structural Requirements for Septic Tanks. It shall be unlawful to install a septic tank in a manner that does not comply with the following requirements: C-73 A. All new or replacement tanks shall be approved by the International Association of Plumbing and Mechanical Officers (IAPMO) or stamped and certified by a California registered civil engineer as meeting industry standards and installation shall be accomplished to the manufacturer's recommendations. B. New and replacement tanks on conventional OWTS shall be equipped with an effluent filter to prevent solids in excess of 3/16th of an inch from passing to the dispersal area. Septic tanks that use a National Sanitation Foundation/American National Standards Institute (NSF/ANSI) Standard forty-six (46) effluent filter shall be deemed in compliance with this requirement. C. All joints between the septic tank and its components shall be watertight and constructed of solid, durable materials to prevent excessive corrosion or decay. D. The invert level of the inlet pipe shall be at least two inches higher than the invert level of the outlet pipe. E. All septic tank access points shall have watertight risers the tops of which are set not more than six (6) inches below grade. Access openings at grade or above shall be locked or secured to prevent unauthorized access. (Ord. 2018-0037 § 31, 2018.) 11.38.780 - OWTS Utilizing Pumps to Move Effluent. OWTS that utilize pumps to move effluent to the septic tank or from the septic tank to the dispersal system shall: A. Be equipped with a visual, audible, or telemetric alarm that alerts the owner or service provider in the event of pump failure. B. Provide sufficient additional storage space in the second compartment of the septic tank or pump chamber during a twenty-four (24) hour power outage or pump failure and shall not allow an emergency overflow discharge. The capacity for the storage space shall be equal to 60 - 75 percent of the interior capacity of the pipes to be dosed. (Ord. 2018-0037 § 31, 2018.) 11.38.790 - Percolation Rates for Dispersal Fields. As an alternative to the percolation rates required in Appendix H of Los Angeles County Code, Title 28 (Plumbing Code), proposed OWTS utilizing a leach bed, leach field, or infiltrative chamber may report percolation test results as Minutes Per Inch (MPI). Percolation rates in MPI shall be either: A. In the range between five (5) MPI and sixty (60) MPI for use with a conventional OWTS. C-74 B. In the range between one (1) MPI and 4.9 MPI with a separation between the bottom on the dispersal system and groundwater of at least twenty (20) feet. (Ord. 2018-0037 § 31, 2018.) 11.38.800 - Interconnection of Dispersal Systems. Upon installation of a new dispersal system, the new system shall be interconnected with the existing system with an approved flow diversion device to allow for the alternating use of the two dispersal systems. (Ord. 2018-0037 § 31, 2018.) 11.38.810 - Prohibition on the Use of Seepage Pits for New Construction. A. The use of a seepage pit is prohibited for use with construction of onsite wastewater treatment systems for new buildings with applications submitted after the effective date of this ordinance, unless the system is equipped with additional treatment that meets the requirements of a NOWTS. B. Notwithstanding Section A, the use of a seepage pit in conjunction with a conventional OWTS is permitted for new construction for single unit dwellings with four (4) or fewer bedrooms. (Ord. 2018-0037 § 31, 2018.) 11.38.820 - Evidence of a Failing OWTS. Whenever the Director is made aware that an OWTS is at risk of failing, the Director shall send a letter directing the property owner to have the system evaluated by a qualified contractor within seven (7) calendar days to determine whether the system must be repaired or replaced. If the evaluation reveals that the system requires repair or replacement the property owner shall: A. Prevent any further discharges of sewage by having the system pumped by a sewage pumper truck at a frequency that will prevent overflow. B. Follow any directive issued by the Director that is necessary to protect groundwater or prevent surfacing of sewage effluent. C. Complete all repairs within a time determined by the Director. (Ord. 2018-0037 § 31, 2018.) 11.38.830 - When a NOWTS is Required. C-75 A. A NOWTS is required to be installed for new construction when any of the following conditions exist: 1. The percolation rate is faster than 5.12 gallons per square foot per day for a replacement seepage pit. 2. A seepage pit is proposed for installation at a new building other than a single unit dwelling with four (4) or fewer bedrooms. 3. The percolation rate for a leach field or leach bed system is faster than one (1) MPI or greater than one (1) MPI but less than 4.9 MPI and groundwater is within twenty (20) feet of the bottom of the dispersal system for a new or replacement OWTS. 4. There is less than five (5) feet but at least two (2) feet of continuous, natural, undisturbed soil beneath a dispersal system. 5. The property of the proposed system is within six hundred (600) feet of an impaired water body that is listed for pathogens or nitrogen and no established Total Maximum Daily Load (TMDL) for that water body is present. 6. The property of the proposed system is within the area defined by an Advanced Protection Management Program (APMP) established by a TMDL implementation plan. B. A NOWTS proposed to be installed in the areas of the Antelope Valley within the jurisdiction of the Lahontan Regional Water Quality Control Board (LRWQCB) shall not be required to include a disinfection system. C. In addition to the circumstances listed in A above, the Director may require the installation of a NOWTS as a condition of a variance to setback requirements for repair of a failed existing system. All variances shall comply with the OWTS requirements and procedures to the maximum extent possible. (Ord. 2018-0037 § 31, 2018.) 11.38.840 - Minimum Conditions for Authorization to Install a NOWTS. All NOWTS shall meet the following minimum conditions: A. The system shall be certified by an agency accredited by the American National Standards Institute (ANSI) as meeting the National Sanitation Foundation (NSF) Standard two hundred forty-five (245) or the system shall be approved by the Director after completing a demonstration test described in the OWTS requirements and procedures. B. NOWTS requiring a disinfection system, shall be certified by an ANSI accredited agency as meeting NSF Standard forty-six (46) for disinfection devices. C. The septic tank shall be part of the NSF certified system, certified by the IAPMO, or evaluated by the local plumbing official and determined to be Plumbing Code equivalent. C-76 D. The NOWTS shall be equipped with a visual or audible alarm as well as a telemetric alarm that notifies the owner and the service provider of the NOWTS in the event of system malfunction. If the property requiring an NOWTS is in a location where telemetric monitoring is not possible, more frequent physical inspections are required per Section 11.38.880. E. The owner shall record a covenant against the title of the property meeting the requirements of Section 11.38.890. F. The owner, prior to approval of the NOWTS, shall enter into and maintain in effect at all times throughout the operational life of the system, a contract signed by both the property owner and a service provider certified by the components' manufacturer. The contract shall include: 1. Telemetric monitoring of the system for component failures or quarterly inspections of the disinfection system when telemetric monitoring is not available. 2. Annual inspections of the system or more frequent routine maintenance as recommended by the manufacturer when telemetric monitoring is available. 3. Any required sampling of influent and effluent based on the system type, age, and location. G. The Director may, at any reasonable time, require samples to be taken from the NOWTS while a department representative and/or a contractor or agent of the department is present. (Ord. 2018-0037 § 31, 2018.) 11.38.850 - Performance Standards for NOWTS. A. All NOWTS shall be designed to produce effluent that meets the following criteria: 1. Total Suspended Solids of less than thirty (30) mg. 2. Biological Oxygen Demand five (5) day average (BOD 5 ) of less than thirty (30) mg/l. 3. PH not less than 6.0 or greater than 9.0. B. NOWTS treatment of nitrogen must result in a fifty (50) percent reduction in Total Nitrogen. C. NOWTS provide disinfection that does not exceed a fecal coliform content of two hundred (200) per one hundred (100) milliliters using the Most Probable Number (MPN) analytical method with a minimum detection limit of 2.2 MPN. (Ord. 2018-0037 § 31, 2018.) 11.38.860 - NOWTS Permit. C-77 A. A permit shall be issued by the Director for the operation of a NOWTS upon the approval of the system. A permit shall be valid for the location, type of system, and conditions of the approval, unless suspended or revoked by the Director. B. The permit fee shall be collected in accordance with Los Angeles County Code Title 8, Sections 8.04.950 - 8.04.995. C. A permit may be suspended or revoked by the Director for the following reasons: 1. The NOWTS is contributing to the contamination of groundwater, surface water, or resulting in the surfacing of effluent, and the owner has not returned the NOWTS to operating condition within the time required by the Director. 2. The owner does not submit records of maintenance inspections or results of effluent testing as required by this ordinance within the time required by the Director. D. It shall be a violation of this code to operate a NOWTS for which the permit has been suspended or revoked. E. The owner of the NOWTS shall make the system available within five (5) calendar days for inspection upon notice by the department. (Ord. 2018-0037 § 31, 2018.) 11.38.870 - Maintenance Required and Reporting Results. A. The property owner shall have the NOWTS inspected and serviced at the rate set by the manufacturer as set forth in the manufacturer's operation and maintenance manual or at least annually, by a service provider certified by the manufacturer. B. If the property is located in an area where telemetric monitoring is not possible, the property owner shall cause the NOWTS to be inspected monthly by the NOWTS owner as directed and instructed by a NOWTS service provider, and quarterly by the NOWTS service provider, in order to determine whether the NOWTS is operating as required. C. The service provider shall submit copies of all inspection and maintenance reports to the Director within thirty (30) days of any inspection or maintenance of the NOWTS. (Ord. 2018-0037 § 31, 2018.) 11.38.880 - Influent and Effluent Testing and Reporting Requirements. Owners of NOWTS shall have their maintenance service provider collect and submit samples for laboratory testing of influent and effluent to determine if the system meets the performance standards specified in Section 11.38.850. The frequency of this sampling shall comply with the following table. C-78 Type of System When Testing is Required All NOWTS After completions of repairs (Within seven (7) days) NOWTS installed in within six hundred (600) feet of a water body impaired for pathogenic bacteria or in response to a TMDL for bacteria Annually with telemetric monitoring orQuarterly without telemetric monitoring NOWTS larger than a single family residence located in the Antelope Valley Annually The service provider shall submit a copy of the laboratory analysis of effluent testing to the Director within thirty (30) days of the date the results are provided to the owner or service provider by the laboratory. (Ord. 2018-0037 § 31, 2018.) 11.38.890 - Covenant. A. The approval of a NOWTS for a future expansion area requires recordation of a covenant through the County office of the Registrar-Recorder/County Clerk. B. The installation of a NOWTS requires recordation of a covenant through the County Office of the Registrar-Recorder/County Clerk. C. The covenant shall inform all future prospective owners of the property of the following: 1. A NOWTS is installed on the property. 2. Operation and maintenance of the NOWTS is required to comply with State and local laws. 3. A service agreement for maintenance and monitoring is required at all times with an approved servicing company. 4. The Director must be notified in writing within thirty (30) days of a change of servicing company. 5. Maintenance records and effluent testing results must be submitted to the Director within thirty (30) days of annual servicing. 6. The owner is required to repair the system and conduct effluent testing of the system if inspection reveals that it is not in compliance with State or local laws. C-79 7. The owner is required to replace the NOWTS at their own expense if it cannot be repaired to be in compliance. 8. The owner agrees to allow inspection of the NOWTS within five (5) calendar days, upon notice by the Director, absent an emergency. (Ord. 2018-0037 § 31, 2018.) 11.38.900 - Seepage/Sewage Pumping Vehicle Operator. An operator of a seepage/sewage pumping vehicle is required to register with the local jurisdiction as per California Health and Safety Code Sections 117400-117450. A public health license shall be issued to the owner of a seepage/sewage pumping vehicle when that person has demonstrated that either the owner or an employee of the owner has adequate knowledge to train other employees as described in Section 11.38.910. A change of address of the owner including a member of a partnership that is registered and of the place of business thereof shall be reported in writing by the owner to the Director within two (2) days after the change of address. (Ord. 2018-0037 § 32, 2018.) 11.38.910 - Adequate Knowledge. A public health license shall only be issued after the applicant or his or her representative submits demonstrates adequate knowledge of the following topics: A. Knowledge of the equipment to be used. B. The applicant's knowledge of sanitary principles and of the laws and ordinances affecting human health or nuisances, including the factors that evidence a failing OWTS and appropriate locations for disposal of septage. Proper use of personal protective equipment. C. Clean up of spills or discharges of sewage from failed plumbing systems. Knowledge may be demonstrated by submitting curriculum for the training of new staff to the Director for approval, completion of a training course from a professional organization, such as the California Onsite Water Association (COWA), or an approved public entity or an online course acceptable to the Director. The individual receiving the training shall be designated as the trainer for his or her organization. The applicant shall maintain a trainer as part of the organization. If the trainer leaves the organization, it has ninety (90) days to obtain a new trainer. The owner shall be responsible for ensuring that employees responsible for the clean out of septic tanks, chemical toilets, cesspools and sewage seepage pits are properly trained before they work independently, and get trained annually thereafter. C-80 The owner shall have available for the Director upon request the name of the trainer and records of the employee's annual trainings. (Ord. 2018-0037 § 32, 2018.) 11.38.920 - Required for Seepage/Sewage Pumping Vehicle. No person shall operate a sewage pumping vehicle without first making application and securing a license from the Director. (Ord. 2018-0037 § 32, 2018.) 11.38.930 - Application and Issuance Conditions. A. Applications for seepage/sewage pumping vehicles shall be made on forms provided for that purpose by the Director. All applicable fees, shall be paid at the time of the application. B. The application shall include the Vehicle Identification Number (VIN), the year and make of vehicle, the vehicle license number, the tank capacity, the owner information, the location where the vehicle shall be stored, and any other data required by the Director. C. Upon receipt of an application, the Director shall make an inspection of the seepage/sewage pumping vehicle. If the applicant has complied with all applicable laws and regulations, and the vehicle meets the requirements of the inspection, the Director shall approve the application, and issue an annual license. (Ord. 2018-0037 § 32, 2018.) 11.38.940 - Suspension and Revocation of License. The Director may suspend or revoke the license of an operator of one (1) or more seepage/sewage pumping vehicles or the license of an individual seepage/sewage pumping vehicle. The Director may suspend or revoke a license issued to an operator of one (1) or more sewage pumping vehicle for any of the following violations: A. Discharge of sewage or the contents of one (1) or more trucks in a location other than one approved by the Director. B. Failure to submit quarterly reports identifying all of the locations serviced and where the contents of the truck were discharged. C. Failure to report locations that evidence conditions of a failing OWTS, a cesspool, or an earthen pit privy. C-81 The Director may suspend or revoke a license issued to a sewage pumping vehicle for violations of this code, including, leakage of sewage from the tank, valves, piping, or other equipment that may discharge to the ground surface. (Ord. 2018-0037 § 32, 2018.) 11.38.950 - Identification of Vehicle. Seepage/sewage pumping vehicles shall be identified with the business name, City, State, Zip Code and phone number on both sides of vehicle. The business name shall be in letters and numbers at least three (3) inches in height, additional information shall be at least one (1) inch in height and all letters and numbers shall be of a color contrasting to the vehicle. The public health registration number shall be located on the rear of the vehicle in letters and numbers at least three (3) inches high and of a color contrasting to the vehicle. (Ord. 2018-0037 § 32, 2018.) 11.38.960 - Construction of Seepage/Sewage Cleaning Vehicle. A seepage/sewage pumping vehicle shall be constructed and maintained at all times with the following components in good working order: A. A water tight tank, valves, piping, pumps and equipment maintained free from leakage. B. A hose for flushing contaminated areas. C. A quick release valve on the discharge outlet. D. A metal sleeve or other suitable device provided to reach from discharge outlet to manhole. E. Tight fitting covers for tank openings. (Ord. 2018-0037 § 32, 2018.) 11.38.970 - Seepage/Sewage Pumping Vehicle Operation Requirements. A. All contents of the sewage holding tank shall be deposited in an approved County Sanitation District location or at a location approved by the Director. B. Personal protective equipment including gloves, goggles, and boots shall be provided to all employees working with sewage or septage. C. A sewage spill kit shall be maintained on the vehicle for use in cleaning-up any sewage spills. The sewage spill kit shall contain at a minimum: 1. Containment barriers to prevent the spill from entering a storm drain. 2. Absorbent material. C-82 3. A shovel. 4. Garbage bags. 5. Liquid disinfectant and powdered lime. D. The vehicle registration shall be maintained on the vehicle. E. The vehicle exterior shall be maintained free of sewage or other waste material. (Ord. 2018-0037 § 32, 2018.) 11.38.980 - Seepage/Sewage Pumping Vehicle Service Reports. A. Seepage/sewage pumping vehicles are required to file with the Director a quarterly report specifying all of the following: 1. The name and address of the owner or tenant of each and every one of the premises where a septic tank, cesspool, or sewage seepage pit has been cleaned out by the registrant, his or her employees, or by others on his or her behalf and the date of each cleaning. 2. The location where the cleanings are disposed of. 3. Discharges of waste that may result in violation of laws or ordinances required to be known by the registrant pursuant to Health and Safety Code Section 117420. B. OWTS showing symptoms of failure must be reported to the Director within twenty-four (24) hours of pumping. Factors evidencing a failing OWTS are identified in Section 11.38.042. (Ord. 2018-0037 § 32, 2018.) C-83 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: JANUARY 15, 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 DPH, has prepared and submitted a LAMP to the Los Angeles Regional Water Quality Control Board for approval. D-1 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 D-2 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. D-3 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. D-4 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 31st 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 D-5 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: ___________________________ Date: ____________________ Doug Wilmore, City Manager Attest: Approved as to Form: By:__________________________ By:_________________________________ Emily Colborn, City Clerk [NAME, TITLE] D-6 County of Los Angeles Department of Public Health By: __________________________ Date:____________________ Angelo Bellomo, Deputy Director, Bureau of Health Protection Approved as to Form: By: __________________________ Date:____________________ [NAME, TITLE] D-7 Existing Sewer Lines Areas of the City with no sewer connection Areas of the City with no sewer connection E-1 Areas of the City with no sewer connection E-2 ENVIRONMENTAL HEALTH Land Use Program 5(}50 Commerce Drive, &;ildwin Pill'k, CA 91706 • Telephooe (626) 430-5>80 • h ap /Jpubf1cb0 a /!b jKOUnty "9Y 'g b , EP /l u l!u m j![Q Dr m PIHClll ONSITE WASTEWATER TREATMENT SYSTEM (OWTS) REVIEW SERVICE FEES ONSITT WASTEWATER TREATMENT SYSTEM -TYPE OF SERVICE U p<..;.ct. r • C<lmflld:d Buildinf and~....., ll£Rrnl Fa<lll, _. ~ (1'111H o-Soie ). ~-.. (l'taM<>-Solcj PR OJ ECT REVlEW rlNt!W System Replacement System ActiYa ong/Tesung 100'!6 f"EA U ottlef Ll 4301 Conventio nal Wastewater Treatment System 11.E ED OOOJ"'91'TS (incuk. 11<a an: ....i t oa ta ~ Fe <i!lllity part. T-~ Proor at <t!" sc..irat [ J 4302 No n-C onventional Wastewater Treatment System REQlJlllED oocu~ (i n~. l>Uterenut limitalta): FeiuillilityRepart. ~TrelltmentS l oirnn.nat ~anent ...i ~. toorcn.n~ .. a ";t«!'fl«i4. i'Ta<Jl'at ~ ~ SYSTEM EVA LU ATI ON C-1 4303 Without Verification of Prior System Approva l RE®lllED OOCUM~ liname, DUl ere nut limital 11>): T"'* Spccnanion:. System E~ by Li~~ L1 4304 With Verffication of Prior System Approval 1t ED oocu~~ _llN!...,. · "'l'Af>~ owrs~sv-m -..., ~ contrKtDr !if =r;t:n is mllft ttlllft u years Did ) POST-COASTAL COMM ISSION APPROVAL fl 4305 Conventional or Non-Conventional Wastewater Treatment System REQUI RED DOC\AllEHTS (mca.cc. our ·~ ngt PRE-COASTAL COMMISSION APPROVAL I I 4306 Conventional Wastewater Treatment System C 1 4307 Non-Conventional Wastewater Treatment System ADDITIONAL REVIEW and/or INSPECTION FEE $1528.00 $1986.00 $522.00 $447.00 $451.00 $1528.00 $1936.00 l I 7422 EHS Ill/ EHS IV Hou r ly Rate NO. OF HOURS: ___ X $167.00/HR le 5 Third pr') SUDm<ttm. Site ~. AW roved Plmo EmnsiDn lle'oliew, etc.) r I 7422 Gra ywater Dispersion Field/ Percolation Evaluation AppliG1tions are nontransfBable. Allow twenty {201 business days for wort pl<in review and response Field personnel cannot accept payments. DO NOT SEND CASH. Make checks or money order payable to: LOS ANGELES COUNTY DEPARTMENT Of PUBLIC HEALTH WORK SITE ADDRESS CITY I ZIP/PARCEL (APN) # EMAIL CORRESPONDANCE TO Chris Gibson (661) 287-701.11 --... -, .. ______ -~ f'OR OFRa U5E ONLY llimn iio Girm• [l1D)3.311·3ll6 Sii RECD SY /DA TE RECD: ICeotndll M9tti-. PA 'l'MENT REC'D BV / DATE RECD: (661)~71..a42 . -... -··-·-- ~ left'enorl 04ECIC NO.: (BUI) 1181>-:MlD riieft'er.son"Dt1 lacountv •ov Los Angeles County Department of Public Health Environmental Health www.publichealth.lacounty.gov/eh INVOICE ll: $334.00 ·. · l,t: i-iiiliiciiB81111 F-1