In addition to authority afforded to counties in Article XI, section 7 of the California Constitution to protect public health and safety, and in Government Code section 25845 to abate nuisances, the County's local onsite wastewater treatment systems (OWTS) program is based on section 5410 et seq. of the California Health and Safety Code, sections 13002, 13290 to 13291.7 of the California Water Code and on California Code of Regulations, Title 23, Sections 2924 and 3991.1 implementing regulations. Those regulations adopt the State Water Resources Control Board's Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems (OWTS Policy), set baseline requirements for OWTS statewide, and provide for the implementation of those regulations by qualified local agencies. In accordance with the OWTS Policy, the County has prepared a Local Agency Management Program (LAMP) for OWTS permitting and regulation within the jurisdiction of San Diego County, and that program has been approved by the California Regional Water Quality Control Board for the San Diego Region.
This chapter is applicable to OWTS in the unincorporated areas of San Diego County and within a jurisdiction where authority has been delegated through specific municipal ordinance, memorandum of understanding, or another appropriate mechanism.
Water Code section 14877.2 allows a county to approve installation of a graywater system if that county determines the graywater system meets the standards of the State Department of Water Resources. Water Code section 14877.3 allows a county to adopt more restrictive standards for graywater systems.
The purpose of this chapter is to implement these State laws and regulations and implement additional standards for septic systems and graywater systems that are necessary to protect the health and safety of the San Diego County community. This chapter also prohibits the improper disposal of sewage and provides regulations authorizing the Director of Environmental Health, responsible for environmental health services and programs transferred from the local health officer for the County pursuant to Health and Safety Code section 101275, to protect public health from threats from sewage.
This chapter shall apply to the siting, design, construction, and permitting of new and replacement OWTS and to existing individual systems confirmed as defective that receive a maximum of 3,500 gallons per day of domestic strength sewage.
(Added 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; amended by Ord. No. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The following definitions shall apply to this chapter:
(a) "Abandoned OWTS or other sanitation facilities" means an OWTS or component thereof, including a septic tank or seepage pit, holding tanks, or other sanitation facilities that has been disconnected from the drainage system or otherwise taken out of use for a period of 30 days or more shall be deemed abandoned.
(b) "Alternative toilet" means a holding tank, vault, composting, chemical toilet, or other approved means of sewage disposal for non-residential uses in isolated areas, such as campsites, parks or trails, when no public sewer is available and it is impracticable to connect water to the area where the toilet is to be located, or for temporary or occasional uses authorized by this chapter or other County Code.
(c) "Defective system" means an OWTS or other sanitation facilities that allows sewage, human excrement or other liquid wastes to be disposed of so that the waste is not confined underground or within its tank, or that constitutes a safety hazard. An OWTS that requires frequent pumping to remove accumulated wastes in order to confine sewage underground is also a defective system whether or not pumping the system allows waste to be confined underground. An OWTS that becomes inundated during a storm event such that wastewater rises to the surface is also a defective system. OWTS that are suspected of inundation, including based on nearby stormwater testing, are not considered defective until confirmed by testing of the individual OWTS. Testing may include dye testing, performance evaluation, or other approved methods.
(d) "Department" means the Department of Environmental Health and Quality.
(e) "Director" means the Director of the Department of Environmental Health and Quality and any person the Director hires or appoints to implement or enforce this chapter.
(f) "Drainage system" means the piping on property that connects all plumbing fixtures and appliances discharging sewage or other liquid wastes, to a public sewer or an on-site wastewater treatment system. The drainage system does not include the mains or laterals of a public sewer system.
(g) "Licensed installer" means a licensed General Engineering Contractor (Class A), General Building Contractor (Class B). Sanitation System Contractor (Specialty Class C-42), or Plumbing Contractor (Class C-36). Such licensed installer shall install all new and replacement OWTS in accordance with California Business and Professional Code Sections 7056, 7057, and 7058 and Article 3, Division 8, Title 16 of the California Code of Regulations.
(h) "Onsite wastewater treatment system" (OWTS) means a system on a property not connected to a public sewer, that treats and disposes of sewage and other wastes produced on the property where the system is located using a septic tank or other treatment component, subsurface, dispersal, and associated appurtenances.
(i) "Owner-Builder" means an individual or group of individuals who own the property on which they plan to construct, alter, repair, improve, or remodel a building or structure or appurtenance thereto in accordance with the requirements and limitations set forth in the Business and Professions Code, Section 7044. Business and Professions Code, section 7026.1 defines any person who acts as consultant to an owner-builder is a contractor.
(j) "Potable water" means water provided from a permitted public water system, as defined in section 116275(h) of the California Health and Safety Code, that meets state and federal standards for consumption, a state small water system, as defined in section 116275(n) of the California Health and Safety Code, that meets state standards for consumption, or groundwater from a permitted water well that is not part of a public water system or state small water system and that meets the following minimum water quality monitoring requirements: 1) at least one water sample obtained from the well within three months of submittal to DEHQ for review shall be negative for the presence of total coliform bacteria and fecal coliforms or Escherichia coli (E. coli); 2) at least one water sample obtained from the well and analyzed for Nitrate (as nitrogen) shall be less than the maximum contaminant level as specified in the California Code of Regulations, section 64431 (10 mg/L); 3) other sampling that may be required by the Director of Environmental Health based on known or suspected sources of pollution in the area that may affect the water quality of the well. The samples shall be analyzed by a laboratory certified by the State Water Resources Control Board for that analysis pursuant to California Health and Safety Code, Division 101, Part 1, Chapter 4, Article 3, commencing with section 100825.
(k) "Qualified professional" means an individual licensed or certified by a State of California agency to design OWTS and practice as professionals for other associated reports, as allowed under their license or registration. Depending on the work to be performed and various licensing and registration requirements, this may include an individual who possesses a registered environmental health specialist certificate or is currently licensed as a professional engineer or professional geologist.
(l) "Qualified service provider" means a person capable of operating, monitoring, and maintaining an OWTS in accordance with the OWTS Policy and local requirements. The individual must also be certified and/or competently trained by the manufacturer of an OWTS with supplemental treatment to install, maintain, service, and repair the specific model/type of OWTS.
(m) "Sanitation facilities" means the method used to collect, store, or dispose of sewage, human excrement, or other liquid wastes associated with human habitation or activities. Sanitation facilities include but is not limited to holding tanks and alternative toilets.
(Added by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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