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(a) The Director may exercise discretion to modify the requirements of this chapter for an on-site wastewater treatment system that could not otherwise be issued a permit if one of the following circumstances applies, and if the requirements in subsections (b), (c) and (d) of this section are met.
(i) The applicant proposes a smaller size system than required that will have only limited or occasional use and the proposed system is adequate to accommodate the sewage flows the buildings on the lot will produce.
(ii) It is impracticable for an applicant to comply with requirements as to the length of leach trenches or chambers, but the proposed system is able to achieve the same practical effect as the requirements by modifying leach trenches or chamber dimensions.
(iii) It is impracticable for an applicant to comply with certain requirements related to the location of system components, but the applicant is able to prevent any adverse effects by the manner in which the applicant installs the system.
(b) The Director determines that modifying the requirements will not result in any adverse effects on an underground source of water or on the public health and safety.
(c) If the Department of Environmental Health and Quality is the lead agency for the project under the California Environmental Policy Act (CEQA), the Director determines that the project is exempt from CEQA and files a Notice of Exemption; or the Director determines that approval of the project will not have a significant effect on the environment, and adopts a Negative Declaration or a Mitigated Negative Declaration.
(d) If the Department of Environmental Health and Quality is a responsible agency for the project, the lead agency has determined that the project is exempt from CEQA or has adopted a Negative Declaration or Mitigated Negative Declaration for the project, and the Department has complied with the responsible agency requirements under CEQA.
(e) The Director may deny a permit for an OWTS that meets the requirements of this Chapter if the Director determines that the system will have any adverse effects on an underground source of water or on the public health and safety.
(Amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10389 (N.S.), effective 7-24-15; amended by Ord. No. 10709 (N.S.), effective 1-15-21)