The Willow Creek Community Services District in exercise of its wastewater powers will use its oversight to best resolve wastewater issues within the established Downtown Wastewater Zone. The interests of the citizens and the community are foremost in this effort to protect public health and the areas watershed. The District desires the input of its citizens in creating an ordinance that will help improve the current wastewater operations in the downtown area.

SECTION 1 - AUTHORITY & SHORT TITLE

A. This ordinance has been drafted in accordance with and under the authority of the

The Willow Creek Community Services District Waste Water Powers as granted by LAFCO.

B. This ordinance shall be known as the Willow Creek Onsite Wastewater Treatment System Inspection Ordinance

SECTION 2 - FINDINGS

The provisions of this Ordinance are based upon the following findings.

A. Onsite Wastewater Treatment Systems (OWTS), or septic systems, are prone to failure with age, outmoded design, overuse or improper installation, repair and maintenance.

B. An OWTS, when improperly designed, installed, maintained or located may contaminate surface water and groundwater. On the other hand, OWTS that are appropriately designed, installed, located and properly maintained can adequately provide long-term wastewater treatments.

C. OWTS failure poses a risk to public health, safety and welfare and a potential contamination source to the surface waters and groundwater within or adjacent to the community of Willow Creek.

D. Willow Creek’s groundwater and surface water provide important natural and recreational resources, the protection of which is vital to the community’s economic and environmental well-being.

E. Many of the systems in Willow Creek are old and no records exist as to their type, location, size, functionality, etc. This information is important to document and to protect the community’s economic viability.

SECTION 3 - PURPOSE

A. The original purpose of this ordinance is to establish a Downtown Wastewater Zone (DWZ) in Willow Creek. Additional areas could be added by ordinance as needed in the future.

B. This ordinance is intended to prevent and abate water pollution and the hazards to the public health caused by the improper treatment and disposal of sanitary sewage. This article is further intended to provide for the inventory and inspection of OWTS within the DWZ of Willow Creek, which said inventory and inspections are designed to provide for the adequate maintenance and management of OWTS within the WCCSD.

C. Under this program, all OWTS within the DWZ are to be properly operated, regularly inspected, and routinely maintained to prevent malfunctioning systems. This program provides a framework for the efficient inspection and maintenance of OWTS in the community of Willow Creek. It is the landowner’s responsibility, however, to ensure that their system is well maintained and properly functioning.

SECTION 4 - DEFINITIONS

Any term not defined herein, shall be governed by the definition as it appears in the current Humboldt County Sewage Disposal Regulations.

Authorized Person: A person authorized in writing by a property owner to act for him or her, in their stead.

Initial Inspection: The initial performance inspection performed on an OWTS and site to gather baseline information. The tank is often pumped as part of this inspection to better evaluate the existing condition of the system. Initial Inspections involve the location of system components and more detailed data gathering that is not usually necessary for subsequent routine performance inspections.

Inspection Report: An approved form used by the Qualified Service Provider during an OWTS inspection. The report form shall include a rating as to the functionality and adequacy of the existing OWTS based on the onsite inspection and shall be sent to the property owner and the WCCSD within 10 days of an initial or performance inspection.

Onsite Wastewater Treatment System (OWTS): means a septic tank and drainfield or other approved means of sanitary disposal of sewage other than through a sewer system.

Performance Inspection: An inspection of an OWTS and system site to determine conformance with applicable laws and regulations, how the system is functioning, the need for pumping, to establish future inspection schedules and to assess whether any repairs are necessary.

Person: Any individual, public or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties.

Qualified Service Provider: is a qualified professional or an individual with knowledge and competency in OWTS operation, maintenance, and monitoring through experience and / or education and a third party inspection and maintenance certification from a recognized institution (e.g. NSF, COWA, NAWT, CEHA, CWEA, NOWRA or approved equivalent).

Repair: Any kind of alteration or replacement of a poorly functioning or failing OWTS.

Reserve Area: An area of land approved for the installation of a conforming leachfield and dedicated for future replacement of the OWTS if it should fail.

Septic system: A type of OWTS.

Sewage: Waste substance, liquid or solid, which is associated with human habitation or which contains, or may be contaminated with human or animal excretion or excrement, offal or feculent matter, or matters or substances that may be injurious or dangerous to health.

SECTION 5 - DOWNTOWN WASTEWATER ZONE BOUNDARIES

The Downtown Wastewater Zone (DWZ) shall encompass the downtown area of Willow Creek, as shown in Exhibit A. Under this ordinance, the WCCSD shall have jurisdiction to ensure the operation and maintenance of all existing and future OWTSs within this area. When necessary this ordinance authorizes the passage of designated WCCSD officials and licensed/permitted septage transporters onto private property for the periodic inspection, maintenance, pumping and/or repair of OWTSs within the DWZ area.

SECTION 6 - RELATIONSHIP TO COUNTY SEWAGE DISPOSAL ORDINANCES AND REGULATIONS

The Humboldt County Division of Environmental Health (DEH) will continue to be the regulatory and enforcement agency for OWTSwithin the Willow Creek CSD and will serve as the Health Officer for WCCSD. The requirements for permitting, siting, design, construction and repair of OWTS shall be as regulated by the Humboldt County Division of Environmental Health and the North Coast Regional Water Quality Control Board.

SECTION 7 - OWTS INVENTORY AND INSPECTION

7.1 Access.

A. Authorized persons acting on behalf of the District shall, upon presentation of the proper credentials and identification, be permitted to enter upon the outside of the property that contains an OWTS for the purpose of locating, inspecting, observing, photographing and sampling the OWTS, in accordance with the provisions of this article.

B. The District shall provide advance notice to the property owner of the OWTS prior to a regularly scheduled inspection or maintenance.

C. The owner shall maintain the OWTS so that it is readily accessible for inspection and maintenance. The placement of structures, swimming pools, patios, driveways, or other impervious surfaces over the septic tank or leachfield is prohibited. Exceptions for unusual circumstances and existing systems may be considered by the WCCSD.

7.2 OWTS Inspections

A. All OWTSs that are not already part of the County’s nonstandard system inspection program within the Downtown Wastewater Zone (DWZ) shall be subject to onsite inspections by a District-approved qualified service provider.

B. The purpose of OWTS inspections is to assess the condition of the OWTS and provide the WCCSD with the technical and background information needed to determine the condition and maintenance requirements for each system in the DWZ. The initial inspection to be scheduled will be the first maintenance (baseline) inspection. Subsequent inspections will generally be routine performance inspections unless there is a system failure. Maintenance requirements shall be based upon inspection results.

C. All OWTS subject to this ordinance will be inspected by a District-approved qualified service provider, which said inspection shall include inspection and pumping of the system. The inspection may also include the taking of samples from surface water, or other groundwater sources, and/or the sampling of the contents of the wastewater treatment system. The report of the inspection of the OWTS shall be furnished to the property owner of each property at the conclusion of the pump-out and inspection, and a copy of the report furnished by the qualified service provider shall be provided to the District.

D. Property owners of all OWTS within the DWZ subject to this ordinance shall have their system inspected and pumped by a qualified service provider. Said inspection and pumping shall occur every one to seven years depending on the condition of the system pursuant to this ordinance. Furthermore, the baffles and effluent filter of the septic tank shall be inspected by the District-approved qualified service provider in order to determine if they are functioning properly. All costs of excavation and maintenance shall be borne by the property owner.

E. The District-approved qualified service provider shall generate a report after completing each inspection and pump-out and will provide a copy of the report to the owner of the property inspected. The report shall include the findings of the inspection and any recommendations for the maintenance of the OWTS. Such recommendations may include but not be limited to the property owner securing professional advice related to a further evaluation of the system and a program to correct any malfunctions. The Health Department shall be notified of any failing systems by the District if a repair is not undertaken in a timely manner.

F. The District will periodically review the number and location of malfunctioning OWTS to determine if alternate sewage disposal solutions may be necessary. A resolution of area-wide problems may necessitate detailed planning and additional areas of the District being added to the OWTS inspection and maintenance program.

7.3 Inspection Records

A standard OWTS inspection form, to be used by the Qualified Service Provider for all initial and performance inspections, shall be developed and approved by the WCCSD, and the completed inspection form shall be kept on file for each OWTS inspected. The owner of the real property shall provide the WCCSD, or its designee, with any pertinent information that the owner has regarding the use, age, location, maintenance history, design, parcel number, DEH permit number, engineering plans, etc. of the OWTS. The completed inspection form shall contain sufficient information upon which to base the maintenance requirements for the OWTS. The completed inspection form shall be sent to the owner and the WCCSD within 10 (ten) days of inspection. The completed inspection form shall be mailed to the address(es) maintained by the Humboldt County Assessor, unless otherwise specified in writing by the owner and/or the owner’s agent.

7.4 Inspection Frequency

At a minimum, all OWTS shall be subject to onsite inspections and pumping at least once every seven (7) years, or as frequently as annually as determined by the WCCSD in conjunction with the Health Officer based on the report provided by the qualified service provider. The WCCSD shall provide the OWTS owner a written notice that the OWTS requires inspection. Inspections must be scheduled by the OWTS owner within 60-days of the date of notice. The notice may require the OWTS owner to provide basic OWTS and site information to the WCCSD and/or the qualified service provider. Failure to schedule and/or present a system for inspection shall be deemed a violation of this ordinance.

SECTION 8 - OWTS MAINTENANCE

8.1 Operation.

A. No property owner shall operate and maintain an OWTS in such a manner that it malfunctions. No system shall discharge untreated or partially treated sanitary sewage to the surface of the ground or into the waters of the state, including groundwater.

OR Every person owning any building designed or used for human occupation, including residential, commercial and public buildings, shall be required to provide and maintain a properly functioning OWTS. An OWTS shall provide for the disposal of sewage in a manner that does not create a public health hazard and does not degrade surface or groundwater quality. All OWTS, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition at all times. The owner shall be responsible for the maintenance of such systems.

B. The District may recommend the installation of water conservation devices, and other operation or maintenance procedures, to improve on-lot sanitary sewage system operation.

8.2 Maintenance Schedule

The qualified service provider in conjunction with WCCSD staff shall determine the OWTS maintenance and pumping requirements for each system based upon the results of the inspections.

Following each inspection of an OWTS by a qualified service provider, the owner will be given a completed inspection report as described in section 7.3 of this ordinance, indicating the condition and the maintenance and pumping requirements of that particular system. Septic tanks are required to be pumped when the combined depth of sludge and scum layer reaches thirty percent (30%) of the tank’s capacity or as recommended by the most current version of the EPA’s OWTS Manual or as otherwise recommended by the Humboldt County Division of Environmental Health for a particular system. Once pumped, a dated notice of such pumping must be presented to the WCCSD.

8.3 Change in Inspection or Maintenance Schedule

A. The WCCSD, with due cause and upon written notification to the owner, may change the inspection and/or maintenance requirements and schedule of an OWTS, where such a change is deemed necessary for the proper functioning of the OWTS. This may occur due to circumstances such as changes in household occupancy, seasonal use, rental status, water consumption, system functioning, site characteristics or other significant element of the inspection report.

B. Likewise, the owner may petition the WCCSD to alter the inspection and/or maintenance schedule. The owner must demonstrate, through the use of appropriate site data and household information, that such a change in the requirements would still ensure the proper operation of the OWTS and fulfill the intent of this ordinance. Information to be used by an owner in the petition may include OWTS inspection records and site data such as soils, water table, household information, seasonal use, water use, etc.

8.4. Maintenance Activities.

A. If excavation is necessary to accomplish the pump-out, the excavation is the responsibility of the property owner prior to the scheduled pumping. The cost for this excavation will be borne by the property owner. Any tank pumping shall include an inspection of the baffles and the effluent filter within the septic tank by the pumper/hauler selected by the property owner. If the baffles or effluent filter are in a deteriorated condition, the property-owner-selected pumper/hauler shall be responsible for replacing the baffles, with the cost for this baffle(s) replacement borne by the property owner. A permit from the DEH is not currently required to replace deteriorated or missing baffles or filters.

B. All tank pumping on the required schedule shall be done in the presence of the District’s approved qualified service provider. If deemed necessary by the qualified service provider, the distribution box, if one is present, shall be excavated and remain excavated until inspection and pumping has been completed. A District-approved qualified service provider must be present during the normally scheduled pumping and inspections. The pumper/hauler shall supply a pumper's report to the District within 14 days after the pumping.

C. The required pumping frequency should be increased at the discretion of the OWTS property owner if the septic tank is undersized; if solids buildup in the tank is above average; if the hydraulic load on the system increases significantly above average; if a garbage disposal is used in the building; if the system malfunctions; or for other good cause shown.

D. In addition to the requirements for initial inspections, periodic tank pumping shall include a performance inspection of and a report submitted to the District on forms provided by the District regarding the presence of any or all of the following:

(1) Defective tank components (lids, baffles, dividers, etc.).

(2) Before pumping, water level above outlet pipe elevation.

(3) Following or during pumping, backflow from the absorption area.

(4) When possible, inflow from building(s) served, to verify connection to the building(s).

(5) Surface discharge, ponding or other signs of malfunction in the vicinity of the absorption area.

(6) Depth of sludge and scum layer.

Section 9 – MODIFICATIONS OR REPAIRS REQUIRED

Modifications and repairs of nonconforming and poorly functioning systems may be required in the following situations:

1. In the case of a failing or inadequately functioning systems, when public health and environmental safety is threatened,

2. When property ownership or business occupation is transferred if the system is functioning less than satisfactorily or does not otherwise meet current standards

3. Other situations where the Health Officer and / or District deems it necessary to protect public health and the environment.

SECTION 10 - FEES

The District shall have the authority to raise funds for the administration, operation, contractual obligations, and services of the Willow Creek OWTS Inspection Program.

The WCCSD Board, in a manner prescribed by law, may by resolution establish and alter fees, deposits and / or charges for receiving applications, holding hearings thereon, reviewing plans and specifications, reviewing inspection reports, monitoring OWTS and water quality and issuing permits, and for performing any other service for maintaining and administering the OWTS Management Program established pursuant to this ordinance. Said fees shall be sufficient to offset the cost of implementing the WCCSD OWTS Program, including monitoring. Operating Permit(s) shall not be valid unless such fees have been paid.

The WCCSD Board shall establish a fee schedule to be assessed each owner of an OWTS / holder of an operating permit. Said fee shall be based on the total number of OWTS in the OWTS Management Program and the administrative and technical costs associated with providing the services described in the OWTS Ordinance. Fees will be paid when permit applications are received for issuance, transfer or renewal. Any funds collected or raised for purposes of implementing the OWTS Management Program shall be for the exclusive use of said program implementation and operation and shall be maintained in an account separate from the District’s general fund. Fees may be updated by the WCCSD Board from time to time.

SECTION 11 - EDUCATION

A public education program shall be established and overseen by the District with technical assistance from the DEH and other appropriate sources, to inform people about the benefits and goals of the OWTS Inspection Program. The educational program shall include, but not be limited to the following:

(1) Proper operation and maintenance of OWTS;

(2) Proper disposal of hazardous waste, including household hazardous waste

(3) Water conservation and the development of a water conservation program

(4) Operation and management framework of the Willow Creek OWTS Inspection Program

(5) Protection of Critical Resource Areas

(6) Use of environmentally—sensitive cleaning products

SECTION 12 - SEVERABILITY

If any provision of this ordinance or any rule or determination made hereunder, or application hereof to any person, agency, or circumstances is held invalid by a court of competent jurisdiction, the remainder of this ordinance and its application to any person, agency, or circumstance shall not be affected thereby. The invalidity of any section or sections of this ordinance shall not affect the validity of the remainder of this ordinance.