No person or entity shall construct, install, modify, own, operate, or maintain any multiple ownership septic system to which this Article applies without first holding unexpired, unsuspended, unrevoked development and operating permits to do so from DEHS and having paid fees to DEHS as specified in the San Bernardino County Code Schedule of Fees, and unless currently has:
(a) Posted bonds as security for the proper installation and functioning of the system as follows:
(1) Preliminary Bond. A preliminary bond shall be placed with DEHS in the form of a passbook account which has been assigned to DEHS by means of a properly executed agreement form provided by DEHS and in an amount determined by DEHS, but not less than $5,000.00, prior to issuance of a development permit. Following the issuance of the operating permit, DEHS shall terminate its assignment of this passbook account and release the balance to the person(s) named in the passbook.
(2) Operating Permit Bond. A cash bond shall be provided by the responsible association in an amount determined by DEHS, but not less than $5,000.00, prior to issuance of an operating permit. The amount of the bond shall be returned to the association upon termination of the permit and the need, as defined by this Code, for the operating permit.
(3) Bond Amounts. Bond amounts shall be set by DEHS and may be established on the basis of five percent of a California Registered Civil Engineer’s estimate of installation of the septic system(s) or $5,000.00, whichever is the greater amount.
(b) Obtained DEHS review and approval of the septic system design and specifications prior to the commencement of construction, and has obtained DEHS inspections and approval at the completion of each construction phase.
(c) Satisfied all DEHS operating permit conditions for the purpose of protecting public health and water quality and agreed to by the permittee at the issuance of an operating permit and prior to any changes being made in the terms of the permit. Conditions which may be included are:
(1) Periodic monitoring and submission of test results to DEHS;
(2) Quantity limitations to a specific septic system or systems;
(3) Notification to DEHS of the names of these officers of the association and others overseeing the operation and maintenance of the system. Telephone numbers and addresses for routine contacts and emergency use shall be included;
(4) Waste discharge requirements, or portions thereof, issued to the permittee by the Regional Water Quality Control with jurisdiction;
(5) Any other conditions which are necessary due to the circumstances of the discharge; and
(6) Statement as to what land or property is subject to placement of a lien or liens against the property should such be necessary in accordance with § 33.08131 of this Article.
(d) Obtained and passed the DEHS-required annual inspection. Each septic system for which a multiple ownership permit is required shall be inspected each year and the permit holder shall submit proof of that inspection with the renewal application. Only persons qualified under Article 6 (Designated Maintenance Areas), § 33.08103 of this Chapter shall inspect and certify to DEHS that the system is adequate, in good repair, and working order.
(e) Notified DEHS when a change is proposed in the number of total available services, type of facility served, change in ownership, or any other changes which affect the septic system, the discharge, or the permit to operate.
(f) Where an applicant or permittee is required by another regulatory agency to have a public entity as an operating agency, such applicant or permittee has secured the agreement and services of an operating agency to assume such responsibilities as may be required by such regulatory agency. Where a public operating agency has assumed operational responsibilities, no permit pursuant to this Article shall be required for operation of the septic system(s).
(Ord. 3105, passed - -1986)