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No person shall install, construct, reconstruct, repair, add to, modify, connect to, or destroy an OWTS or other sanitation facilities authorized by this chapter without first obtaining a permit issued by the Director.
(Amended by Ord. No. 3061 (N.S.), effective 5-11-67; 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. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) A Qualified Installer or Owner-Builder may apply for a permit to install, rebuild, repair, or add on to, or destroy an OWTS or other proposed sanitation facilities by submitting an application for a permit on a form provided by the Director. A separate application and permit are required for each installation, modification, or destruction. The applicant shall submit with the application a diagram drawn to scale that shows the components of the system to be installed and their proposed location on the property. The application shall be completed with sufficient information to demonstrate that the proposed OWTS or other sanitation facilities meets the requirements of this chapter and the LAMP. The Director may also require that the applicant and any person providing documentation of the site evaluation or OWTS siting or design to demonstrate their knowledge of San Diego County ordinances and the LAMP through a consultation with the Department.
(b) No permit shall be issued to install an OWTS unless the applicant provides proof that a site evaluation has been performed documenting the suitability of the site to support OWTS usage in accordance with the requirements of this chapter and the standards in the LAMP, that the applicant has potable water available from a public water purveyor or from an approved domestic water well, and the applicant has submitted an application for a building permit.
(c) No permit shall be issued for an OWTS until all grading on the property where the system is located or is to be located has been completed and the Director has inspected the grading.
(d) No permit shall be issued pursuant to this section if the Director determines that the location, area, soil porosity, ground water level, density of population in the area, the number of persons to be served or other conditions are not suitable for OWTS usage or would cause the operation of the OWTS or other sanitation facilities described in the application to contaminate an underground water supply or to create an unsanitary condition endangering public health.
(Amended by Ord. No. 2603 (N.S.), effective 10-17-63; amended by Ord. No. 3061 (N.S.), effective 5-11-67; amended by Ord. No. 3436 (N.S.), effective 1-1-70; amended by Ord. No. 4531 (N.S.), effective 7-31-75; amended by Ord. No. 5847 (N.S.), effective 9-11-80; amended by Ord. No. 6049 (N.S.), effective 6-11-81; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8007 (N.S.), effective 12-26-91; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; 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. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(Added by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8007 (N.S.), effective 12-26-91; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10136 (N.S.), effective 4-15-11; repealed by Ord. No. 10918 (N.S.), effective 10-11-24)
(a) Prior to issuance of an OWTS installation permit, the Director may require the applicant to furnish a site evaluation report with results of soil profiles, groundwater testing, and soil percolation tests performed on the site of the OWTS, including the results of the tests. The Director may require additional testing, as needed to determine the site is suitable for OWTS usage. A permit for percolation testing is required.
(b) Whenever the Director requires a site evaluation report, soil percolation testing, or other testing, the testing and the preparation of all plans or drawings required by this chapter shall be done by a Qualified Professional as allowed under their license or registration. The Director may also require that the Qualified Professional demonstrate their knowledge of San Diego County ordinances and the LAMP through consultation with the Department
(Amended by Ord. No. 6049 (N.S.), effective 6-11-81; 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. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Unless issued for a specified shorter period of time, a permit issued pursuant to this chapter shall expire one year from the date it was issued. If a person has not completed the work before the expiration date, the person shall obtain a new permit before resuming work on the system.
(Amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director may revoke a permit issued under this chapter if the permit was issued in error or on the basis of incorrect, inaccurate or incomplete information or in violation of this chapter or any other law or regulation. The Director may also revoke a permit when there is a change in circumstances or a change to the conditions of the applicant's property since the date of the application, which if those circumstances or conditions had existed at the time the permit was issued, would have been grounds for denial of the permit.
(Added by Ord. No. 5408 (N.S.), effective 2-20-79; Ord. No. 5416 (N.S.), adopted 2-27-79, effective 3-29-79, supersedes Ord. No. 5408; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) As soon as a permittee installs, rebuilds, repairs or adds on to, connects to, or destroys an OWTS or other sanitation facilities pursuant to the permit and is ready to backfill the work, the permittee shall notify the Director that the system is ready for inspection before the work is covered.
(b) No person shall backfill or cause another person to backfill OWTS or other sanitation facilities that has been installed, rebuilt, repaired, added on to, or destroyed before the Director inspects and approves the work, as provided in subsection (a). This subsection shall not prevent a property owner, engineer, contractor, or other person responsible for the work from taking actions to secure or abate unsafe conditions or protecting persons from injury at the site.
(Amended by Ord. No. 6049 (N.S.), effective 6-11-81; 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. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A property owner whose OWTS or other sanitation facilities installation, rebuild, repair, connection, destruction, or addition does not pass inspection shall promptly correct the deficiency and have the system reinspected. The property owner shall be responsible for paying all reinspection fees. If the property owner fails to correct the deficiency or request reinspection within a reasonable period of time, the Director may revoke the permit and/or take other enforcement action pursuant to section 68.336.
(Amended by Ord. No. 3061 (N.S.), effective 5-11-67; amended by Ord. No. 3436 (N.S.), effective 1-1-70; amended by Ord. No. 4531 (N.S.), effective 7-31-75; amended by Ord. No. 5847 (N.S.), effective 9-11-80; amended by Ord. No. 7428 (N.S.), effective 2-4-88; 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. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
a) Where a property owner of an OWTS or other sanitation facilities is required to monitor the system, the property owner shall obtain an annual operating permit from the Director and have a valid operating permit in effect at all times.
(b) No person shall use or allow another person to use an OWTS or other sanitation facilities for which an annual operating permit is required if no operating permit is in effect at the time the system is used. A system that requires an annual operating permit, that is being operated without the permit being in force, shall be considered in violation of this chapter and subject to enforcement action pursuant to section 68.336.
(c) The Director may enter property during normal business hours to inspect an OWTS or other sanitation facilities that was approved subject to an annual operating permit requirement.
(d) The property owner shall comply with all conditions of a permit to install an OWTS subject to monitoring, including, but not limited to, obtaining an annual operating permit and any monitoring, maintenance, operation, and notification requirements.
(e) Prior to the issuance of the installation permit for an OWTS subject to monitoring, or a reserve OWTS subject to monitoring, the property owner shall record with the County Recorder's Office a Covenant and Agreement, or other equivalent document, with an acknowledgement of and promise to comply with the conditions of the installation permit for the OWTS. This document shall run with the land and shall be binding on any future owners, encumbrances, their successors, heirs, or assigns and shall continue in effect until DEHQ approves its termination. Termination shall occur when the use of the OWTS subject to monitoring has ceased in compliance with all applicable laws and regulations.
(Amended by Ord. No. 3436 (N.S.), effective 1-1-70; repealed by Ord. No. 4531 (N.S.), effective 7-31-75; new Section 68.334 added by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Property owners of OWTS or other sanitation facilities that have not returned to compliance after being provided a notice of a violation of this chapter may be subject to the revocation of the annual operating permit for a system that requires monitoring by the Director In addition to the revocation of the annual operating permit for an OWTS in violation of this chapter, the property owner may be subject to enforcement action pursuant to section 68.336.
(b) The Director may reinstate a permit that has been revoked under this section if the Director determines that the permittee has presented a plan for adequate repair, alteration, or maintenance of the system that will allow the system to operate properly. The Director may also allow a permit that was revoked for failure to comply with the terms of the permit, including the failure to allow inspection, if the Director receives adequate assurance from the permittee that the permittee will comply with terms of the permit. As a condition of the reinstatement process the permittee shall pay all of the Director's costs and expenses incurred to investigate and process the revocation and reinstatement of the permit, in addition to paying all fees established by the Board.
(Added by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Any violation of this chapter or the standards in the LAMP shall constitute a public nuisance subject to nuisance abatement under the provisions of Title 1, Division 6, Chapter 2 of this Code.
(b) In addition to the authority to abate nuisances, the Director may institute any other legal remedies available to the County, including the provisions of Title 1, Division 8 of this Code.
(c) The Director or authorized designee may inspect premises subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the owner or other person in control of the property, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection.
(d) Inspection may include all actions necessary to investigate and determine whether an OWTS or other sanitation facilities are installed, used, operated, maintained, destroyed, or functioning in compliance with this chapter and the standards in the LAMP. The Director may require the property owner to conduct testing of the OWTS or other sanitation facilities to determine the operational status of the system.
(e) The Director shall recover all time, services, and materials costs associated with the abatement of violations of this chapter in accordance with fees established in Section 65.107 of this Code.
(f) The permit fee for any work conducted without obtaining the required permit or for failing to obtain or renew a required annual operating permit, shall be charged at two times the cost of the regular permit fee.
(g) Appeal of Enforcement Action. A person subject to enforcement action by the Department may appeal the enforcement action in accordance with the applicable procedures for the specific enforcement action being taken provided in Title 1, Division 6, and Division 8. If the violation poses an immediate threat to health and safety, the request for hearing shall be made within the number of days allowed in the Notice and Order to Abate.
(h) Appeal of Administrative Decision. An owner or septic professional who disagrees with an administrative decision by the Department may submit a request for a review hearing with the required fee on a form provided by the Department within 14 days of receiving an administrative decision related to an onsite wastewater treatment system, layout, permit or other requirement of this chapter. The Director shall schedule a hearing with a Department employee, at the supervisor level or higher, who was not involved in the decision. If the departmental review hearing does not resolve the issue, the person subject to the administrative decision by the Department may appeal to the Hearing Officer within 14 days of receiving notice of the decision of the Department review, in accordance with the procedures provided in Title 1, Division 6, Chapter 1 of this code.
(Added by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 10136 (N.S.), effective 4-15-11; 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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