TITLE IV ONSITE WASTEWATER
MANAGEMENT CODE

CHAPTER 4.05 ORGANIZATION AND ENFORCEMENT

Sections:

WASTEWATER SYSTEM FAILURE PROCESS

4.05.010  Enforcement and Interpretation by General Manager
The General Manager of the Stinson Beach County Water District is hereby authorized and directed to enforce all the provisions of this code. The General Manager shall have the power to render interpretations of this code and enforce rules and supplemental regulations in order to clarify the application of its provisions. Other officers of the District shall assist and cooperate with the General Manager in order to implement this code.

4.05.020  Appointment of District Engineer and Other Employees
The General Manager may appoint a District Engineer and other employees to implement this code. The General Manager may deputize such appointees to act on his/her behalf to implement this code. Such deputized appointees hereinafter may be referred to as "deputy."

4.05.025  Public Officers
For purposes of enforcement of this code, the General Manager and appointees deputized pursuant to Section 4.05.020 herein above shall be public officers as provided in §836.5 of the Penal Code of the State of California.

4.05.030  Right of Entry
When it is necessary to make an inspection to enforce the provisions of this code, or when the General Manager or deputy has reasonable cause to believe that there exists upon a parcel a condition which is contrary to, or in violation of, this code, the General Manager or deputy may enter upon the parcel and/or building(s) thereon to perform the duties imposed by this code; provided however, that if such parcel or building is occupied, credentials shall be presented to the occupant and entry requested. If such parcel or building is unoccupied, a reasonable effort shall be made to locate the owner or other person having charge or control of the parcel or building in order to request entry. Denial of entry constitutes a violation of this code and an inspection warrant may be obtained as provided by law or abatement proceedings may commence.

4.05.040  Stop Orders
Whenever any maintenance, repair, replacement, or new construction work is being done contrary to the provisions of this code or other pertinent laws or ordinances implemented through the enforcement of this code, the General Manager may order the work stopped by notice in writing served on any such person(s) engaged in doing or causing such work to be done, and any such person(s) shall forthwith stop such work until authorized by the General Manager to proceed with the work.

4.05.050  Order to Discontinue Use, Discontinue Discharge, and/or Vacate
Whenever any parcel or building regulated by this code is being used contrary to the provisions of this code or is discharging waste in violation of this code, the General Manager may order such use discontinued, such discharge discontinued, and/or the parcel or building or portion thereof vacated by serving a notice on any person causing such use. Such person shall discontinue the use and/or vacate the parcel or building or portion thereof within the time prescribed within the notice.

4.05.060  Appeal of Determination or Order of General Manager
Orders, decisions, or determinations made by the General Manager relative to the application and interpretation of this code may be appealed within 15 calendar days from the date of service or notification of said order, decision, or determination. Said appeal shall be filed with the District and prescribed fees shall be paid. The filed appeal shall be essentially in the following form:

1. A heading in the words: "Before the Board of Directors of the Stinson Beach County Water District";
2. A caption reading: "Appeal of [give the names of all appellants participating in the appeal]";
3. A brief statement setting forth the legal interest of each of the appellants in the parcel(s) or building(s) involved;
4. A brief description of the specific order, decision or determination appealed;
5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the order, decision or determination should be reversed, modified, or otherwise set aside;
6. A brief statement in ordinary and concise language of any material facts claimed to support the contentions of the appellant;
7. The signatures of all parties named as appellants and their official mailing addresses;
8. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

The appeal shall be placed as public hearing on the agenda of the next regular meeting of the Board of Directors, which occurs 15 calendar days or later following the date of receipt of the appeal. Written notice of the time and place of the hearing shall be mailed to each appellant by certified mail at least seven calendar days prior to the date of the hearing.

4.05.065  Limitation of Authority of the Board
The Board of Directors when ruling on an appeal may not set aside or modify the application of discharge or design standards as provided in this code, nor may the Board take up any matter more properly considered as a request for a variance pursuant to Chapter 4.13 of this code. Any ruling of the Board of Directors on an appeal may be reviewed and set aside by the Executive Officer of the Regional Water Quality Control Board upon making a finding that the Board of Directors exceeded the limitation specified in this section.

4.05.070  Effect of Failure to Appeal
Failure of any person to file an appeal in accordance with the provisions of Section 4.05.060 shall constitute a waiver of the right to an administrative hearing and adjudication of the order, decision, or determination of the General Manager provided that said order, decision, or determination has been rendered in writing and said writing is accompanied by a copy of Section 4.05.060.

4.05.080  Scope of Hearing on Appeal
Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

4.05.090  Staying of Orders
Except for orders issued pursuant to Section 4.05.040 or to Section 4.05.050, any order, decision, or determination of the General Manager shall be stayed during the pendency of an appeal when the appeal has been properly and timely filed.

4.05.100  Decision of Board Final
A decision of the Board of Directors regarding an appeal shall be final.

4.05.110  Means of Enforcement
The following shall constitute means of enforcement of orders issued pursuant to Section 4.05.040 or Section 4.05.050:

1. Injunctive relief may be sought in a court of proper jurisdiction pursuant to sections 31145 through 31149 of the Water Code of the State of California.
2. As provided in section 31147 of the Water Code, nuisance abatement proceedings may be initiated pursuant to Chapter 4.05 of this code.
3. As a means of abatement of a nuisance, District water service may be terminated in order to prevent further discharge of wastewater. When the continued discharge may constitute an immediate threat to the health and safety of the public or may cause harm to the riparian environment, said water service may be terminated immediately.

4.05.210  Limitation of Liability
Article 10, Chapter 1, Part 5, Division 12, of the Water Code of the State of California (Section 31145 et seq.) imposes upon the District certain duties to protect the quality of the surface waters and ground waters within and passing through the District. The establishment, enforcement, and implementation of this code are among those duties. Notwithstanding any other provision of this code or permit issued hereunder, any person discharging waste pursuant to such a permit shall have the obligation to conform to all related laws and regulations of all state and local agencies and such person shall indemnify the District from any and all damages, penalties, or other expenses imposed on, or required, of the District by such federal, state, or local agency due to such discharge of waste. Further, the District's liability, and the liability of its officers and employees, for acts or omissions pursuant to this code are limited under the provisions of the California Tort Claims Act. Notwithstanding any other provision of this code, the intent of the Board is that all duties imposed by this code upon the District and/or any District officer or employee are discretionary in nature. Any suit brought against any officer or employee of the District because of an act or omission of said officer or employee in the establishment of and enforcement of this code and/or any provision thereof and/or other pertinent laws or regulations implemented through this code shall be defended by the District until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the District unless it is determined that said act or omission falls within the categories of conduct specified in Government Code §995.2 or any successor statute thereof.

4.05.310  Tampering Prohibited
In order to carry on technical and other investigations, examinations, or tests of surface water and groundwater within and passing through the District, the District may establish and install equipment, test wells, and other devices on public property and, with the permission of the owner, on private property. No person shall tamper with, remove, or modify such equipment, test wells, and other devices or otherwise interfere with the conduct of such investigations, examinations, or tests.

4.05.410  Application Fees, Permit Fees and Charges
The Board of Directors, pursuant to Article 10, Chapter 1, Part 5, Division 12, section 31145 et seq. of the "Water Code of the State of California" and in a manner prescribed by law may, by resolution, establish and alter fees and charges to receive applications, hold hearings, review plans and specifications, perform inspections, issue permits, and to perform any other service related to maintaining and operating the onsite wastewater management program. Said fees shall be sufficient to offset the cost of conducting the program. No wastewater treatment system shall be constructed, repaired, replaced, maintained, or operated until all such fees have been paid.

4.05.420  Discharge Permit Fees - Unified Billing
The fee for a discharge permit issued pursuant to Section 4.07.710 may be collected periodically and the District may bill the permittee with the water service billing on a unified bill. Collection, penalties for late payment, and other procedural matters related to billing shall be the same as those provided by the District for water service. Water shall not be sold to any premises where discharge permit fees or other fees and charges established pursuant to Sections 4.05.410 are delinquent.

4.05.430  Special Inspection Fees
All systems are subject to periodic special inspections as determined by District staff, or requested by the property owner. The prescribed inspection fees for such special inspections are the responsibility of the property owner.

4.05.440  Violation a Nuisance
Pursuant to the provisions of section 31147 of the "Water Code of the State of California", violation of any of the provisions of this code is a nuisance subject to abatement.

4.05.450  Other Nuisances
The procedures for abatement of a nuisance established in this code may be used to abate any nuisance, which pursuant to law may be abated by the District.

4.05.460  Notices
Notices regarding abatement of a nuisance shall be sent by certified mail to the property owner(s) at said owner's mailing address as shown on District records. A copy of such notice shall be posted conspicuously upon the property. Failure of the owner (or any other person to whom notice is given) to receive a notice required in this chapter shall not affect the validity of any proceedings conducted pursuant to this code.

4.05.470  Summary Abatement in Case of Emergency
When the conditions that constitute the nuisance pose an immediate threat to the public peace, health, or safety, or may cause irreparable harm to the environment, the District Board and/or the General Manager may immediately abate the nuisance pursuant to Section 4.05.500.

4.05.480  Effect of Failure to Abate
Upon making a determination that a nuisance exists upon a parcel within the District, the General Manager shall within thirty days from the date of the Failed System Citation, issue a notice directing the owner or the owner's authorized agent to appear before the Board of Directors at a stated time and place at the next regular Board meeting which falls at least ten days after the date of the issued notice to show cause why the Board should not order the nuisance abated.

4.05.490  Hearing - Resolution of Findings
At the time fixed in the notice, the Board shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance. At the conclusion of the hearing, which may be continued, the Board shall by resolution declare its findings. If the Board finds that sufficient evidence exists to support a determination that a nuisance exists, it may include in the resolution a declaration that the nuisance exists and an order directing the owner of the property upon which the nuisance exists to abate the nuisance within a defined time. A copy of the signed Resolution directing abatement of a nuisance shall be forwarded to the property owner within seven days after the hearing.

4.05.500  Abatement of a Nuisance by District
If the nuisance has not been abated within the time prescribed, or if the nuisance poses an immediate threat, the Board may, by resolution, order the General Manager (1) to terminate water service to prevent further discharge of wastewater, or (2) to abate the nuisance. The General Manager may submit the estimated cost to abate the nuisance and any other pertinent information to the Board. The General Manager may direct any District employee, contracting agent, or other representative to enter upon the private property in a manner consistent with Section 202c of the Uniform Building Code for purposes of abating the nuisance.

4.05.510  Owner Request for District to Abate the Nuisance
At any time following receipt of the notice of abatement hearing regarding a failed onsite wastewater treatment system as provided for in Section 4.05.490, the owner may request the District to abate the nuisance pursuant to the provisions of section 31148 of the "Water Code of the State of California". The District and the owner may enter into agreements effecting such abatement.