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(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(b) The Director may reinstate a permit that has been revoked under this section if the Director determines that the permittee has presented a plan for adequate repair, alteration, or maintenance of the system that will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 The Director may also allow a permit that was revoked for failure to comply with the terms of the permit, including the failure to allow inspection, if the Director receives adequate assurance from the permittee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)
Standards for the siting and design of OWTS and other sanitation facilities authorized by this chapter shall be as set forth in the County of San Diego's Local Agency Management Program for Onsite Wastewater Treatment Systems (LAMP). The Director shall maintain an official copy of the LAMP on the Department of Environmental Health and Quality website.
(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. 9495 (N.S.), effective 9-13-02; 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; amended by Ord. No. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Cross reference(s)--Excavations, fills and obstructions, § 71.301 et seq.
(a) An applicant for an OWTS or other sanitation facilities shall install a system authorized by this chapter that the Director determines meets the requirements in this chapter and the standards in the LAMP.
(b) No part of an OWTS shall be located on any lot other than the lot that is the site of the building or structure that will be served by the OWTS.
(c) Building Permits and Changes of Use and Occupancy. A property owner who is required to obtain: (1) a building permit for a new building structure, a building addition, or other remodeling of an existing building or to add another stand alone building on property, or (2) the building official's approval for a change of use or occupancy of an existing building, where an OWTS or other sanitation facilities authorized by this chapter is used or proposed to be used as the means for sewage disposal shall also obtain the Director's approval before a building permit or other approval shall be issued. If the addition, remodeling, or change of use or occupancy will likely result in a greater amount of sewage or other waste to flow into an OWTS, the property owner shall obtain a permit from the Director to expand the system to accommodate the additional waste that will exceed the capacity of the existing system.
(d) A property owner in subsection (c), as a requirement for the Director's approval, shall also demonstrate as part of the permitting or approval process, that the property has an OWTS that meets the current requirements of this chapter and the standards in the LAMP.
(e) Land Development Projects or Use Permits. A person applying for a project, such as a major or minor use permit, or a land development project, or to modify an existing use permit on property with an OWTS shall obtain the Director's approval as part of the application process. No use permit modification shall be granted without the Director's approval. The person shall submit an application requesting the Director's review on a form provided by the Director and shall submit any additional information or documents the Director requests. The application shall not be considered complete until the applicant submits all required documents. The Director shall notify the applicant in writing whether or not the Director approves the application and if the application is disapproved, the notice shall state the reasons for the disapproval.
(f) If the use permit's modification will result in a change in the wastewater characteristics or a greater amount of sewage or other waste to flow into an OWTS the applicant shall also be required to obtain a permit from the Director to expand the system to accommodate the additional waste and shall demonstrate as part of the approval process that the property has an OWTS that meets the current requirements of this chapter and the standards in the LAMP.
(g) Subdivisions of Land. A person applying to subdivide property shall demonstrate that an OWTS that complies with the requirements of this chapter and the standards in the LAMP is feasible to install on each lot proposed in the subdivision prior to the approval of the tentative map or the tentative parcel map. Where minimum lot sizes for a subdivision have been reduced based on the proposal to utilize OWTS with supplemental treatment for nitrogen reduction, the developer shall include a statement on the final map or parcel map acknowledging only OWTS with supplemental treatment for nitrogen reduction are approved to be installed on each lot. Where alterations to the design or location of an OWTS are proposed that differ from the design or location previously approved by the Director, the person applying to subdivide property shall demonstrate that the new design or location meets the requirements of this chapter and the standards in the LAMP is feasible to install on each lot prior to the approval of a final map or a parcel map. A person proposing to subdivide property where individual water wells are proposed shall provide proof to the Director that there is an adequate potable well water supply available to each lot or parcel before a final map or a parcel map is approved.
(h) Lot Line Adjustments. A person applying for a lot line adjustment shall demonstrate that the existing or a proposed OWTS on each lot proposed for adjustment complies with this chapter and the standards in the LAMP as part of the application process. Where an existing OWTS does not conform to the requirements of this chapter and the standards in the LAMP, the lot line adjustment shall not result in an expansion of the existing nonconformity of the OWTS.
(i) Grading Permits. An applicant for a grading permit to grade property where there is an existing or approved, but not installed, OWTS, shall obtain the Director's approval as part of the grading plan approval process prior to the issuance of the grading permit and shall demonstrate the proposed grading does not result in the elimination of features required to meet the requirements of this chapter and the standards in the LAMP or in the reduction of area needed for required water supply well or OWTS and reserve area.
(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. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(Amended by Ord. No. 6049 (N.S.), effective 6-11-81; 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. 10389 (N.S.), effective 7-24-15; repealed by Ord. No. 10918 (N.S.), effective 10-11-24)
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