Onsite Sewage Treatment Systems - - CA Water

Section § 13290

This law defines two terms related to sewage treatment systems. First, a 'local agency' can be a city, county, or a special district that is responsible for managing onsite sewage systems in a specific area. Second, 'onsite sewage treatment systems' refer to different types of systems used for sewage disposal, which include both individual and community setups, along with alternative methods that involve underground disposal.

For the purposes of this chapter:

(a) “Local agency” means any of the following entities:

(1) A city, county, or city and county.

(2) A special district formed pursuant to general law or special act for the local performance of functions regarding onsite sewage treatment systems within limited boundaries.

(b) “Onsite sewage treatment systems” includes individual disposal systems, community collection and disposal systems, and alternative collection and disposal systems that use subsurface disposal.

local agency special district sewage treatment systems onsite sewage individual disposal systems community collection systems alternative disposal systems subsurface disposal city and county local sewage management sewage disposal methods community sewage systems sewage system boundaries sewage law definition onsite sewage law

(Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.)

Section § 13291

This law requires the state board, by January 1, 2004, to establish regulations for the permitting and operation of onsite sewage treatment systems like septic tanks. These regulations apply to systems that are newly built, replaced, significantly repaired, or those that could contaminate water. They must cover operating standards, adjacent water protection, local agency implementation, corrective actions for non-compliance, monitoring, and repair criteria. Regional boards and local agencies can adopt stricter standards, and these statewide rules do not restrict local agencies' existing powers related to sewage systems.

(a) On or before January 1, 2004, the state board, in consultation with the State Department of Public Health, the California Coastal Commission, the California Conference of Directors of Environmental Health, counties, cities, and other interested parties, shall adopt regulations or standards for the permitting and operation of all of the following onsite sewage treatment systems in the state and shall apply those regulations or standards commencing six months after their adoptions:

(1) Any system that is constructed or replaced.

(2) Any system that is subject to a major repair.

(3) Any system that pools or discharges to the surface.

(4) Any system that, in the judgment of a regional board or authorized local agency, discharges waste that has the reasonable potential to cause a violation of water quality objectives, or to impair present or future beneficial uses of water, to cause pollution, nuisance, or contamination of the waters of the state.

(b) Regulations or standards adopted pursuant to subdivision (a), shall include, but shall not be limited to, all of the following:

(1) Minimum operating requirements that may include siting, construction, and performance requirements.

(2) Requirements for onsite sewage treatment systems adjacent to impaired waters identified pursuant to subdivision (d) of Section 303 of the Clean Water Act (33 U.S.C. Sec. 1313(d)).

(3) Requirements authorizing a qualified local agency to implement those requirements adopted under this chapter within its jurisdiction if that local agency requests that authorization.

(4) Requirements for corrective action when onsite sewage treatment systems fail to meet the requirements or standards.

(5) Minimum requirements for monitoring used to determine system or systems performance, if applicable.

(6) Exemption criteria to be established by regional boards.

(7) Requirements for determining a system that is subject to a major repair, as provided in paragraph (2) of subdivision (a).

(c) This chapter does not diminish or otherwise affect the authority of a local agency to carry out laws, other than this chapter, that relate to onsite sewage treatment systems.

(d) This chapter does not preempt any regional board or local agency from adopting or retaining standards for onsite sewage treatment systems that are more protective of the public health or the environment than this chapter.

(e) Each regional board shall incorporate the regulations or standards adopted pursuant to subdivisions (a) and (b) into the appropriate regional water quality control plans.

onsite sewage treatment systems septic tank regulations water contamination prevention public health protection local agency authority regional water boards water quality objectives permitting and operation standards major repair criteria corrective action requirements

(Amended by Stats. 2010, Ch. 288, Sec. 26. (SB 1169) Effective January 1, 2011.)

Section § 13291.5

This law section aims to help private property owners who have to spend money to follow certain regulations about their sewage systems. If the cost of following these rules is a lot — more than 0.5% of the property's assessed value — the legislature wants the state board to offer loans to local agencies. These loans are meant to support property owners in covering these expenses.

It is the intent of the Legislature to assist private property owners with existing systems who incur costs as a result of the implementation of the regulations established under this section by encouraging the state board to make loans under Chapter 6.5 (commencing with Section 13475) to local agencies to assist private property owners whose cost of compliance with these regulations exceeds one-half of one percent of the current assessed value of the property on which the onsite sewage system is located.

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(Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.)

Section § 13291.7

This law makes it clear that nothing in the current chapter affects the power that cities, counties, or city-counties have to control land use. In other words, these local governments still have their authority when it comes to deciding how land is used in their areas.

Nothing in this chapter shall be construed to limit the land use authority of any city, county, or city and county.

land use authority local government power city control county control city and county land use decisions local land use municipal land regulation urban planning authority zoning power land use autonomy local zoning rules land development control municipal authority local jurisdiction

(Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.)