Chapter 13.08
SEWAGE DISPOSAL SYSTEMS

Sections:

13.08.005    Purpose.

13.08.010    Definitions.

13.08.020    Sanitary sewers.

13.08.030    Health hazards.

13.08.040    Building permit.

13.08.050    Permit required.

13.08.060    Correction notices.

13.08.070    Parcel size minimum on new divisions of land.

13.08.080    Alternative systems.

13.08.090    General criteria for sewage permit issuance.

13.08.100    General regulations respecting all conventional systems.

13.08.110    Application for sewage permit.

13.08.120    Health department review of application.

13.08.130    Special design and nonresidential systems.

13.08.140    Permits.

13.08.150    Extension of permits.

13.08.160    New land developments and new subdivisions.

13.08.170    New land developments and new subdivisions Criteria for conventional systems.

13.08.180    Inspections.

13.08.190    Inspections prior to use.

13.08.200    Appeals.

13.08.210    Enforcement.

13.08.215    Abatement.

13.08.220    Penalty.

13.08.005 Purpose.

The purpose of this chapter is to provide for the safe and sanitary treatment and disposal of private sewage. The systems that this chapter authorizes shall safely treat and dispose of sewage in order to prevent environmental degradation including pollution of surface water and groundwater, and to protect the public health, safety and welfare to the greatest extent possible. The county shall strive to allow property owners to accomplish this purpose at a reasonable financial cost while still protecting the public health and the environment and complying with California State Water Quality Control Board mandates. Another purpose of this chapter is to provide for the safety of individual and small water systems. (Ord. 684 § 1, 2008)

13.08.010 Definitions.

For the purposes of this chapter, certain words and phrases are defined as follows unless it is apparent from their context that a different meaning is intended.

A. “Alternative system” means an off-site or on-site sewage disposal system, such as mound absorption systems, evapotranspiration beds (ET), aerobic systems, or alternative technology as approved by the State Water Resources Control Board, that treats sewage and may not ultimately dispose of sewage through leaching in a subsurface leach field or fields, or any type of sewage plant that will process or transport sewage or its by-products for disposal on-site or off-site.

B. “Character of use” means the use that an on-site sewage disposal system will service, as, for example, single-family dwelling, retail store, restaurant, and so forth.

C. “Chemical toilet” means a receptacle for sewage that disposes of the sewage through reactions with chemicals that are artificially inserted into the receptacle.

D. “Construction” means and includes new construction or installation of an on-site sewage disposal system, as well as any repair of, alteration to, or relocation of an on-site sewage disposal system.

E. “Contractor” means a person who is licensed as a general engineering contractor (A) or as a sanitation systems contractor (C42), such licensing pursuant to the provisions of the California Contractors Licensing Law (Section 7000, et seq., Chapter 9 Division 3, Business and Professions Code).

F. “Conventional system” means an on-site sewage disposal system that utilizes only a septic tank or tanks and a subsurface leach field or fields and appurtenances, such as distribution boxes.

G. “Drainage system” means all the piping within public or private premises that conveys sewage or other liquid wastes to a point of disposal or treatment, but does not include the mains or laterals of a sanitary sewer.

H. “Engineer” means a civil engineer licensed to practice in the state of California or a certified engineering geologist.

I. “Gross” means total land area of the parcel.

J. “Health officer” means the health officer of the county or a duly designated representative of the health officer of the county.

K. “On-site sewage system” means a system for disposal or treatment of sewage or other liquid wastes discharged from a drainage system or part thereof, other than a sanitary sewer, including, but not limited to, conventional systems, special design systems, alternative systems, and chemical toilets.

L. “Packaged sewage treatment plant” means a privately owned, controlled and/or maintained system which collects, treats, and disposes by surface, subsurface or to a public sewer, sewage collected from private sewers. Such plants often combine all or at least two stages of treatment (primary, secondary or tertiary) into one combined stage.

M. “Percolation rate” means the time required for water to permeate through earth or ground. A percolation rate is expressed in the number of minutes required for water to fall one inch in a percolation hole.

N. “Plant operator” means any individual employed to manage and operate a packaged sewage plant.

O. “Net” means that land area exclusive of easements or similar restrictions on use.

P. “Sanitary sewer” means any community system for treatment and disposal of sewage that is operated and maintained by any municipality, district, or other public or private corporation.

Q. “Septic tank” means a watertight receptacle that receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids and digest organic matter through a period of detention prior to discharge.

R. “Sewage” means liquid waste containing organic or inorganic waste of human origin that is in suspension or solution, or any other liquid waste.

S. “Sewage permit” means a written permit issued by the health officer of the county along with any construction or other permits required by the building, planning or public works department(s) permitting construction of an on-site sewage disposal system.

T. “Soil” means earth, rock permeable to effluent or ground suitable for treatment and disposal of sewage through subsurface techniques, as distinguished from rock or other impermeable material and from fissured material through which water may flow to groundwater.

U. “Special design system” means an on-site or off-site sewage disposal system that utilizes the components of a conventional system, but that modifies or supplements those components with a special design or designs, such as filters, pumping, and pressure distribution systems, that partially treat, transport, or hold the sewage prior to ultimate disposal by a subsurface technique, such as a leach field or fields, or for export for disposal or further treatment.

V. “Subdivision” means the division of any unit or units of improved or unimproved land as defined in Chapter 17.05 of this code.

W. “Sump” means a tank or pit that receives sewage or liquid waste that must be emptied by mechanical means. (Ord. 684 § 2, 2008: Ord. 521 §1 (part), 1991)

13.08.020 Sanitary sewers.

If and where the drainage system of a building is within two hundred feet of a sanitary sewer and the owner of the building may lawfully and feasibly connect to the sanitary sewer, then such connection shall be made in the most direct manner possible and in accordance with the rules and regulations of the operator of the sanitary sewer, and no on-site sewage disposal system shall be allowed. (Ord. 521 §1 (part), 1991)

13.08.030 Health hazards.

Notwithstanding any other provision of this chapter, and specifically whether or not a sewage disposal permit has been issued in connection with the on-site sewage disposal system involved, use or occupation of any residence, place of business, or other building or place where persons reside, congregate, or are employed is unlawful if and when the drainage system from the building or place discharges sewage in a manner that causes or threatens to become a health hazard or nuisance. (Ord. 521 §1 (part), 1991)

13.08.040 Building permit.

The building, planning, and/or public works department(s) may require permits for the construction of any on-site or off-site facilities. The building official shall not issue a permit for the construction of any building or structure in the county unless he shall have a statement issued and signed by the health officer that the water and sewage systems are installed and approved. (Ord. 684 § 3, 2008: Ord. 521 §1 (part), 1991)

13.08.050 Permit required.

No on-site sewage disposal systems shall be constructed except in accordance with the required sewage disposal permit issued by the health officer. Use or occupation of any residence, place of business, or other building or place where persons reside, congregate, or are employed is unlawful without a valid sewage disposal system permit issued by the health officer after final inspection and approval of the system by the health department. The health officer shall not issue an on-site sewage disposal system permit except in response to a duly filed application as set forth in this chapter. When more than one on-site sewage disposal system is being installed on the same property, a separate sewage disposal permit is required for each system. (Ord. 521 §1 (part), 1991)

13.08.060 Correction notices.

The Health officer is empowered to order any owner of property to change an existing on-site sewage disposal system with respect to its method or location for the discharge, treatment or disposal of sewage where the change is necessary to prevent the system from being a health hazard or nuisance. Any correction notice shall designate a reasonable time within which the hazard or nuisance shall be abated. (Ord. 521 §1 (part), 1991)

13.08.070 Parcel size minimum on new divisions of land.

A. Notwithstanding any other provision of this code, no land division or subdivision shall be approved if the land division or subdivision, if approved, would create any parcel that would:

1. Be less than one-half acre (net) in size, unless each parcel is served by a sanitary sewer,

2. Be less than forty thousand square feet (gross) in size if the domestic water supply is from a private well, spring or other private water source and the method of sewage disposal is a private on-site sewage disposal system.

B. Exemptions may be granted on a case-by-case basis to the criteria in subsections (A)(1) and (2) of this section for approved planned developments where the average density of the entire project does not exceed the criteria in subsections (A)(1) and (2) of this section. Exemptions may require approval of the Regional Board. Exemptions violating the North Lahonton Basin Plan must be approved by the Regional Board. (Ord. 521 §1 (part), 1991)

13.08.080 Alternative systems.

Requirements for construction of an alternative system are set forth in this section.

A. The Alpine County board of supervisors shall have the authority to adopt by resolution regulations necessary for the implementation of this chapter. The authority to administer and enforce this chapter and any regulations promulgated hereunder shall be held by the department of environmental health of Alpine County, subject to consultation with the county public health officer.

B. The public health officer is authorized to adopt rules, regulations, or policies concerning the installation of alternative systems until such time as the board of supervisors may adopt a specific ordinance or resolution governing alternate systems. The health officer is directed to present to the board of supervisors information on any such rules, regulations, or policies concerning installation and maintenance of alternative systems.

C. Any property owner or other person, including but not limited to any tenant, placing, installing or maintaining an on-site wastewater treatment system under this chapter shall be required to execute a written agreement with the county that he or she agrees to indemnify, defend and hold harmless the county and its agents and representatives from all claims, demands, lawsuits, liability, damage or judgments (herein collectively referred to as “claims”) arising out of or in any way connected with the placement, installation or maintenance, modification or removal of such system. The only exception to this duty to indemnify, defend and hold harmless is for those claims caused solely by the negligence or willful misconduct of the county or its agents or representatives.

D. The applicant must obtain and maintain for the life of the sewage disposal system a minimum ten million dollar occurrence-based coverage liability insurance policy naming the County of Alpine as additional insured.

E. The operator shall pay an initial application fee and an annual operating fee thereafter to the county. Fees for permits and other services related to construction, operation and maintenance of onsite sewage treatment facilities shall be established by resolution of the board of supervisors. The applicable fees shall be paid at the time of filing a permit application, renewal of registration, and/or request for service.

F. Notwithstanding the provisions of this section, for the purpose of inspecting or monitoring any system, the county may enter any area of any property on which any system exists, without notice, during normal hours of operation, or based on reasonable cause to believe that there exists a condition related to the system that poses an imminent threat to public safety, health or welfare.

G. The sewage facility operator must meet and adhere to all standards that the county environmental health department may require related to operation of the sewage disposal facility.

H. The county shall have the right to approve any consultants retained by the facility operator in connection with the management or operation of the on-site sewage facility. It is understood and agreed by and between the parties hereto that such right of approval shall in no way lessen, limit or otherwise affect the duties or obligations of the facility operator hereunder or the services to be performed by the county hereunder. Any changes or modifications to facility operator agreements or contracts shall be submitted to the county for review and compliance with the regulations contained herein. (Ord. 684 § 4, 2008: Ord. 521 §1 (part), 1991)

13.08.090 General criteria for sewage permit issuance.

The health officer shall not issue a sewage disposal permit if the installation or proposed installation of the sewage disposal system will permit:

A. The escape of any noxious odors, vapors, or gases;

B. Ingress or egress of flies, rodents, or other insects or animals;

C. The sewage to empty, flow, drain, or otherwise enter and pollute any stream, river, lake, groundwater, or other waters that may be used or suitable for use for domestic, agricultural, or other beneficial purposes; or

D. Discharge of the sewage on the surface of the ground. (Ord. 521 §1 (part), 1991)

13.08.100 General regulations respecting all conventional systems.

The location, installation, and maintenance of a conventional system and every part thereof, no matter what the character of use, shall be such that it will function in a sanitary manner and will not create a nuisance, or endanger the safety of any water supply, groundwater, or surface water. In determining a suitable location for a conventional system, consideration shall be given to suitability of soil, size and shape of the lot, location of buildings, slope of ground surface, depth to groundwater, proximity of the system or future connection to a sanitary sewer. Based upon these general criteria, the following specific regulations apply:

A. Soil. The property must contain soil. The amount of soil must be adequate for the character of use. The criteria to determine whether or not soil is present may include its percolation rate (no less than five and no more than sixty minutes per inch), its susceptibility to extraction by pick and shovel, and its capacity for grain-to-grain flow of water, including no evidence of direct flow of water through it to the subsurface groundwater. This list of criteria for determining whether a substance is soil is not exhaustive and may include additional criteria; all such criteria, whether listed above or not, must be applied in each individual case with judgement based upon experience and the goals sought to be achieved by the decision, with some criteria given more weight than other criteria under different circumstances.

B. Lot Size. The size of the lot on which the conventional system is to be constructed shall be sufficient to permit proper location, installation, and operation of the conventional system. The average daily amount of sewage, the character of the soil, and the source of water supply will determine the necessary lot size. The minimum lot size must be sufficient for compliance with all setback requirements of this chapter and for one hundred percent disposal area expansion or replacement.

C. Flooding and High Groundwater. Installation of leach lines in low areas subject to flooding or in areas where the ground water rises to within five feet of the bottom of the leach trench or leach field at the wettest time of a normal rainfall year is not acceptable.

D. Drainage System Discharge Only. A conventional system shall be designed to receive all domestic sewage from the drainage system. No basement, floating or surface drainage, or regeneration discharge from a water softener shall be permitted to enter any part of the system.

E. Leach Lines. A typical trench for a subsurface leach line shall be eighteen inches wide, four feet deep, and thirty-five feet long for each bedroom (in the case of single-family residences). The lengths, depths, and widths of any leach line installation may vary from the typical, depending upon soil types, soil depth, and other conditions. For example, trench depth may be as shallow as two feet where soil depth is as shallow as seven feet, and length of leach lines for each bedroom may increase accordingly.

F. Septic Tank Capacities. The following table shall be used for computing septic tank capacities for dwellings:

One, two or three bedrooms

1,000 gallons

Four bedrooms

1,200 gallons

Five bedrooms

1,500 gallons

(add 250 gallons for each additional bedroom)

G. Setback Requirements. Minimum horizontal setback requirements for construction of a conventional system shall be as follows:

Septic Tank

Leach Field

Unlined Pond or Stump

 

 

 

Any private water supply well

100'

100'

150'

Any public water supply well

100'

150'

150'

Water supply pipe

10'

10'10'

 

Flowing streams or waterways

50'

100'

100'

Lake or reservoir

50'

200'200'

 

Property line

5'

10'

75'

Property line

25'

50'

50'

Building, driveway, patio, deck, or other ground covering

10'

10'

10'

Distribution box

5'

5'

5'

Distribution field

5'

10'2

--

Ephemeral stream

50'

50'

50'

Drainage course

50'

50'

50'

1. When individual wells are used on the same lot. Distances are to those property lines contiguous with neighboring lots and not street easements.

2. When more than one sewage disposal system is installed on the same property.

H. Plumbing Code. Construction of a conventional system must comply with

Chapter 11, Building Sewers and Private Systems, and Appendix “I”, Private Sewage Disposal Systems, of the 1988 Edition of the Uniform Plumbing Code or most recent edition adopted by the county.

I. Construction Dimensions. Disposal fields shall be constructed as follows:

Minimum soil depth below bottom of leaching

5 feet

Minimum number of drain lines per field

one

Maximum length of each line

100 feet (30.5 m)

Minimum bottom width of trench

18 inches (457.2 mm)

Maximum bottom width of trench

36 inches (914.4 mm)

Minimum spacing of lines, center to center

8 feet (2.4 m)

Minimum depth of earth cover over lines

12 inches (304.8 mm)

Preferred depth of cover lines

18 inches (457.2 mm)

Maximum grade of leach lines

3 inches per 100 ft. (2.5 mm/m)

Minimum grade of leach lines

level

Minimum filter material under drain lines

12 inches (304.8 mm)

Minimum filter material over drain lines

2 inches (50.8 mm)

Minimum spacing between trenches shall be eight feet.

When necessary on sloping ground to prevent excessive line slope, leach lines shall be stepped. The lines between each horizontal section shall be made with watertight joints and shall be designed so each horizontal leaching trench shall pass to the next lower line. The lines between each horizontal leaching section shall be made with approved watertight joints. (Ord. 521 §1 (part), 1991)

13.08.110 Application for sewage permit.

A. Application for a sewage disposal permit shall be made by the owner of the property or his authorized representative. All work to be performed under a sewage disposal permit shall be performed by the owner or by a licensed contractor (A or C42). If the owner’s representative is other than a contractor licensed by the state of California, and the representative is not exempt under Section 3800 of the California Labor Code, the application for the sewage disposal permit will not be accepted.

B. It is the responsibility of the property owner to ascertain that a valid sewage disposal permit has been issued by the health officer prior to commencement of construction. All on-site sewage disposal systems shall be installed as designed and approved. Variations from the approved design shall require approval of the health officer. Application for a sewage disposal permit shall be on a form provided by the health department and shall include a plot plan drawn to scale with the following minimum information:

1. Owner’s name, mailing address, telephone number, and the assessor’s parcel number for the property;

2. Names of streets or roads fronting the property;

3. Easements of record shall be shown on the plot plan;

4. Boundaries of property giving dimensions and north direction;

5. Dimensions and locations of all existing and proposed structures, including hard surfaces such as patios, driveways, and walkways;

6. Location of outlet from drainage system and proposed location of septic tank and other parts of the on-site sewage disposal system;

7. Location and nature of any existing on-site sewage disposal systems on the property;

8. Location of any existing or proposed well, domestic or irrigation, in use or abandoned on the property or adjacent property and located within two hundred feet of the proposed on-site sewage disposal system;

9. Depth below the bottom of the leach lines to anticipated highest groundwater level during the wettest months of a normal rainfall year. This requirement may be waived by the health officer,

10. All streams and drainage courses located within three hundred feet of the proposed on-site sewage disposal system;

11. All sources of domestic water supply within three hundred feet of the proposed on-site sewage disposal system; and

12. General direction of slope of the land in disposal area. (Ord. 521 §1 (part), 1991)

13.08.120 Health department review of application.

Whenever an applicant has filed an application under Section 13.08.110, and has paid appropriate fees, and is not complying with Section 13.08.130, the health officer shall proceed as follows:

A. Make an inspection of the site to determine compliance with this chapter, including the requirements of Section 13.08.100. The eight-foot profile excavations and two percolation tests to verify presence of adequate soil shall be required on all lots. Percolation tests may be waived by the health officer if the health officer determines that the soil has adequate permeability;

B. Determine if on-site sewage system applied for can be considered a conventional system;

C. If the health officer determines that the on-site sewage disposal system is conventional and complies with this chapter, the health officer shall give notice to the property owner by first class mail that the permit application is approved;

D. If the health officer determines that a site is not suitable for a conventional system, the applicant may proceed with the process outlined in Section 13.08.130. Written notice of rejection shall be sent to the applicant together with an explanation of the factual reasons for the denial of the conventional system, including as appropriate, but not limited to, the results of profile excavations, percolation tests, or the soils evaluation made by the health officer, and any other factors and conditions which caused the health officer to reject the request for a conventional system; and

E. All applications will be processed, approved or rejected in writing, by the health officer within twenty working days. If the application is rejected, then the applicant may appeal to the board of supervisors or proceed under Section 13.08.130. (Ord. 521 §1 (part), 1991)

13.08.130 Special design and nonresidential systems.

A. When an application for a sewage disposal permit is filed in accordance with Section 13.08.110 of this chapter, and the on-site sewage disposal system described therein is a special design system or the character of use is anything other than a single-family residence (such as a residential duplex or building, and so forth), then, and in either of those events, the applicant may be required to submit, at the discretion, of the health officer, the following:

1. A report by a civil engineer licensed to practice in the state that describes the proposed on-site sewage disposal system and the relevant physical conditions of the site, including all calculations; and

2. A written certification by the engineer as follows: “I hereby certify that I have designed the on-site sewage disposal system that is the subject of this application based upon inspection of the site, including all tests and analyses that in my professional judgement are necessary or appropriate to determine that the system will function properly and treat and dispose of sewage in the manner described.”

B. Regardless of the character or use of the property, any property owner or the property owner’s representative may elect to have an on-site sewage disposal system treated as a special design system by complying with all of the provisions of this section. Approval of the regional board may be required for special designs or alternative systems and any system intended for discharge of industrial waste. When such compliance occurs, all provisions of this chapter concerning special design systems shall become applicable to the system involved. (Ord. 521 §1 (part), 1991)

13.08.140 Permits.

A sewage disposal system permit shall be valid for a period of one year from the date of its issuance. Within said period the owner must complete construction of the system and obtain the health officer’s final inspection and final approval of the system or the permit shall automatically lapse and be void. If a permit lapses before the health officer gives final approval of the system, no person may work on or use the system for which the permit was issued until the owner obtains a new sewage disposal system construction permit. Transfer of ownership does not invalidate a permit for that parcel. (Ord. 521 §1 (part), 1991)

13.08.150 Extension of permits.

If an owner submits to the health officer an application for a permit extension for a sewage disposal system while the permit is still valid, the health officer shall grant one extension of the permit for a period of one hundred eighty days for the sole purpose of allowing the owner to complete construction and obtain final approval of the system. (Ord. 521 §1 (part), 1991)

13.08.160 New land developments and new subdivisions.

The California Regional Water Quality Control Board—Lahonton Region (the “Regional Board” hereinafter) may pursue the following course of action for discharges from new subdivisions, conventional systems or special design systems:

A. Land developments and subdivisions consisting of less than one hundred lots may be processed entirely by the health officer. Tentative maps for land developments or subdivisions involving five or more lots shall be transmitted to the Regional Board or the health officer along with sufficient information to determine that the proposed subdivision meets the requirements of this chapter. The Regional Board or the health officer may require a maintenance entity, if potential water quality or public health problems are anticipated.

B. Tentative maps for subdivisions containing one hundred lots or more shall be transmitted to the Regional Board. The map shall be accompanied by a report of waste discharge and sufficient information to demonstrate that the proposed subdivision will meet the requirements of this chapter. A maintenance entity may be required prior to any discharge of waste. (Ord. 521 §1 (part), 1991)

13.08.170 New land developments and new subdivisions—Criteria for conventional systems.

The health officer shall recommend to the Regional Board, to the county planning commission, or to the board of supervisors, approval of any lot within a new land development or subdivision for a conventional system if the subdivider proves to the satisfaction of the health officer that the lot will comply with the following criteria:

A. The percolation rate in the disposal area is no slower than sixty minutes per inch and no faster than five minutes per inch unless it can be shown that a sufficient distance of soil is available to assure proper filtration.

B. Soil depth below the bottom of the leaching trench shall not be less than five feet.

C. Depth to anticipated highest level of groundwater below the bottom to the leaching trench shall not be less than five feet. Greater depths are required if soils do not provide adequate filtration.

D. Ground slope in the disposal area shall not be greater than thirty percent.

E. Areas that are within the minimum distances that are necessary to provide protection to water quality and public health shall not be used for waste disposal. The following areas are also considered unsuitable for the location of sewage disposal systems or replacement areas:

1. Areas within any easement that is dedicated for surface improvement;

2. Paved areas, driveways, or parking areas;

3. Areas not owned or controlled by property owners unless the area is perpetually available for waste disposal purposes; and

4. Areas occupied or to be occupied by structures.

F. The lot must comply with the following minimum distances in order to provide protection to water quality and public health:

 

Drainage Cut (in feet)

 

Course of

Domestic Well

Public Well

Flowing Stream 1

Ephemeral Stream 2

Fill Bank

Property Line 3

Lake Reservoir 4

 

Septic tank or sewer line

 

100

100

50

50

10

25

50

 

Leaching field

 

100

100

100

50

4h*

50

200

 

* Distance in feet equals four times the vertical height of the cut or fill bank. Distance is measured from the top edge of the bank.

 

1—As measured from the line which defines the limit of a one-hundred-year frequency flood.

 

2—As measured from the edge of the drainage course or stream.

 

3—This distance shall be maintained when individual wells are to be installed and the minimum distance between waste and wells cannot be assured.

 

4—As measured from the high water line.

 

If requested by the health officer, the subdivider shall prepare for the health officer a map showing approved locations for conventional systems on each lot and identify locations of systems on each parcel. (Ord. 521 §1 (part), 1991)

13.08.180 Inspections.

The health officer is authorized to make such inspections as are necessary to determine compliance with this chapter. Owners or occupants of real property shall give the health officer access to their property at reasonable times for the purpose of making such inspections as are necessary to determine compliance herewith. (Ord. 521 §1 (part), 1991)

13.08.190 Inspections prior to use.

No work done under any sewage permit shall be covered, concealed, or put into use before it has been inspected and approved by the health officer. (Ord. 521 §1 (part), 1991)

13.08.200 Appeals.

Any person whose application for a sewage disposal permit has been denied may, within thirty calendar days from the date of such denial, appeal such denial to the board of supervisors by filing written notice of appeal with the clerk to the board and with the health department. Such appeal shall be heard by the board within fourteen days of the filing of the notice of appeal. At the board hearing, the board may sustain or overrule the denial and may make such orders as are necessary to protect the public health. (Ord. 521 §1 (part), 1991)

13.08.210 Enforcement.

The health officer is authorized to enforce the provisions of this chapter. (Ord. 521 §1 (part), 1991)

13.08.215 Abatement.

A. In the event that information received by the county indicates that the sewage disposal facility is not functioning properly, the environmental health department shall issue a notice to abate. The property owner must take prompt, appropriate remedial action. In the event the property owner fails to abate or initiate and complete timely remedial action, the department may issue a notice to the property owner to immediately cease wastewater flow into the system or to take appropriate interim measures pending completion of remedial action.

B. In the event the information received by the county indicates that the system poses an imminent risk to the pubic health, safety or welfare, the department may issue a notice to the property owner to immediately cease wastewater flow into the system and take immediate abatement action to eliminate that risk. In that case, in addition to any other rights provided by these regulations or the county ordinance, the department may enter the subject property to implement reasonable mitigation measures or take other reasonable actions necessary to eliminate or mitigate that risk.

C. If the county issues a notice to the property owner to cease flow into the system, the department shall also provide a prompt public hearing to the property owner, consistent with due process requirements, to address issues related to necessary and appropriate remedial action to ensure that the system is functioning properly and that the system does not pose a risk to the pubic health, safety, welfare or the environment.

D. Any use of the South Tahoe Public Utility District C-Line shall comply with the terms and conditions of the C-Line Master Agreement and any and all conditions required by the county and other regulatory agencies. (Ord. 684 § 5, 2008)

13.08.220 Penalty.

A. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

B. In addition, any violation of any provision of this chapter is a public nuisance subject to abatement in accordance with law. (Ord. 521 §1 (part), 1991)