616-3. Operational Permit Required for Nonstandard Systems.
(a) No person, firm, corporation or other entity shall use, or cause or allow the use of, any nonstandard system within the unincorporated area of Humboldt County unless a valid operational permit is in effect for that system. This permit shall be applied for and issued on an application form provided by the Department. Use of a nonstandard system without a valid permit is a violation of this chapter, and subject to all of the remedies authorized by State law or this Code. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(b) Waterless toilet systems as regulated in Chapter 5 of this Code shall not be subject to the provisions of this chapter. (Ord. 2584, § 9, 11/7/2017)
(c) The Board of Supervisors shall establish a fee as or schedule of fees for operational permits, to be collected by the Department. (Ord. 2159, § 2, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(d) Upon payment of all fees and submission of an application which demonstrates to the Department’s satisfaction that the system will not have an adverse effect on ground or surface waters or upon public health, an operational permit shall be issued. The Health Officer may issue such regulations as are necessary to carry out the provisions of this chapter. (Ord. 2159, § 2, 02/10/1998; Ord. 2374, § 1, 12/05/2006; Ord. 2584, § 9, 11/07/2017)
(1) Operational permits are valid for a period of three (3) years from the date of issuance unless revoked by the Department. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(2) Operational permits may be renewed in accordance with the terms of the permit, upon submittal of a complete application, payment of the required fee, and submittal of inspection results demonstrating continued proper maintenance and operation of the system as designed and constructed. (Ord. 2374, § 1, 12/5/2006)
(3) Operational permits must also be renewed at the time of property sale or, in the case of commercial properties, upon change in occupants or change of use. (Ord. 2374, § 1, 12/5/2006)
(4) Operation of a nonstandard onsite wastewater treatment system prior to the issuance of an operational permit, or without a currently valid operating permit, or after revocation of a permit, shall be deemed a violation of the provisions of this chapter. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(e) Upon issuance of final construction approval for nonstandard onsite wastewater treatment system, the Department shall cause a notice to be recorded on the property title indicating that a nonstandard onsite wastewater treatment system has been installed on the parcel and that an operational permit is required. This notice is intended to alert subsequent property owners of the existence of the nonstandard onsite wastewater treatment system. (Ord. 2159, § 2, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(f) The owner of a parcel on which a nonstandard onsite wastewater treatment system has been installed shall not interfere with the Department’s right to enter onto the parcel to inspect the property to assure compliance with the provisions of this chapter. The owner shall make all components of the system accessible during the inspection (e.g., tank lids, pump control panel, and absorption area). (Ord. 2159, § 2, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(g) Upon issuance of an operational permit, the Department shall cause to be performed a minimum of one inspection during wet weather conditions within the term of the permit. If deficiencies are identified, additional inspections may be required and additional fees may be imposed. Failure to correct deficiencies as directed by the Department may result in subsequent inspections, additional fees, or revocation of the permit. The inspections required by this section shall include the following factors: (Ord. 2159, § 2, 02/10/1998; Ord. 2198, § 1, 10/19/1999; Ord. 2584, § 9, 11/07/2017)
(1) Daily rainfall in Eureka for the previous thirty (30) days;
(2) Observation of the water level in any monitoring well required as part of the wastewater treatment system permit; (Ord. 2584, § 9, 11/7/2017)
(3) Recording of domestic water use where available;
(4) Occupancy load;
(5) Soil moisture conditions;
(6) Vegetation and growth conditions;
(7) Erosion and drainage;
(8) Available information concerning maintenance performed on the nonstandard onsite wastewater treatment system (e.g. replacing a pump or pump float switch, pumping the septic tank, or flushing laterals); (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(9) Condition of all components of the nonstandard onsite wastewater treatment system; (Ord. 2584, § 9, 11/7/2017)
(10) Other information that may be available and pertinent to the operation of the nonstandard onsite wastewater treatment system. (Ord. 2198, § 1, 10/19/1999; Ord. 2584, § 9, 11/7/2017)
(h) The property owner shall have the option of contracting with a Qualified Professional, as defined in § 611-2(n), or Qualified Service Provider, as defined in § 612-2(d), to perform the required inspection. Upon issuance of an Operational Permit, the Qualified Professional or Qualified Service Provider shall cause to be performed a minimum of one inspection during wet weather conditions within the term of the permit. If deficiencies are identified, additional inspections may be required and additional fees may be imposed. Failure to correct deficiencies as directed by the Department may result in subsequent inspections, additional fees, or revocation of the permit. Inspection reports prepared by Qualified Professionals or Qualified sService Providers must be submitted within fifteen (15) days of completion, on an inspection form approved by the Department. The inspections required of this section shall include the information listed in numbers 1-10 of§ 616-3(g) set forth above. (Ord. 2159, § 2, 2/10/1998; Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(i) The property owner may apply for a Homeowner-Inspected Operational Permit if all the following conditions are met:
(1) A valid Operational Permit has been in effect for a minimum of six (6) years; (Ord. 2374, § 1, 12/5/2006)
(2) All required inspections have been completed; (Ord. 2374, § 1, 12/5/2006)
(3) The system is not failing; (Ord. 2374, § 1, 12/5/2006)
(4) The system has been properly maintained; (Ord. 2374, § 1, 12/5/2006)
(5) The minimum following components are present and maintained in good repair: lateral end sweeps and caps, tank risers and lids, effluent filter, functioning alarm and pump floats, and pump control panel. (Ord. 2374, § 1, 12/5/2006)
A Homeowner-Inspected Operational Permit will be issued upon payment of fees and shall be in effect for a period of three (3) years. Renewal of a Homeowner-Inspected Operational Permit requires an application, a fee, and results of a completed inspection. Homeowner-Inspected Operational Permits shall revert to Operational Permits at the time of property sale or when inspections are not being completed and submitted to the Department. This permit may be revoked if maintenance or operational problems are not being corrected in a timely manner. Selection of this option does not preclude oversight from the Department, including inspections. Upon issuance of a Homeowner-Inspected Operational Permit, the homeowner shall cause to be performed a minimum of one inspection during wet weather conditions within the term of the permit. Additional inspections may be required in cases where deficiencies occurring in the system have been identified. Failure to correct deficiencies in accordance with written directions may result in additional re-inspection fees. The inspections required of this section are listed in numbers 1 - 10 of § 616-3(g). Inspection reports prepared by the homeowner must be submitted within fifteen (15) days of completion, on an inspection form approved by the Department. (Ord. 2374, § 1, 12/5/2006; Ord. 2584, § 9, 11/7/2017)
(Ord. 2374, § 1, 12/5/2006; Ord. 2628, § 3, 6/4/2019)