Subsurface Disposal Wastewater Systems

ARTICLE 173 Subsurface Disposal Wastewater Systems

Sec. 173.1 General. It has been determined by the Board of Directors that it is in the interest of the community and the District to accept the responsibility of ownership, administration, operation, maintenance, and regulatory compliance of subsurface disposal systems in compliance with the terms and conditions of this article and other applicable sections of the District's Administrative Code, including, but not limited to Articles 165, "Water and Sewer Availability Charges," Article 170, "Wastewater Service -- Rules and Regulations," and Article 171, "Wastewater Service Requirements”. A subsurface disposal system shall be defined as a system, which disposes of sewage effluent solely through use of a pre-treatment process and/or septic tank, and a leach field distribution system for disposal of the effluent.

Sec. 173.2 Location of Projects to be Considered for District Ownership and Operation. Projects proposed with subsurface disposal systems to be considered for District ownership, operation and maintenance shall have effluent generated on lands within the Valley Center Community Plan, Country Town Boundary as amended by GPA 97-01, on April 9, 1997, or by subsequent amendments.

Sec. 173.3 Types of Projects to be Considered for District Ownership and Operation. District ownership and operation of a subsurface disposal system will only be considered for privately held projects. Project proponents will be required to provide written verification that the California Regional Water Quality Control Board (CRWQCB), San Diego Region and/or the County of San Diego Department of Health Services (CSDDHS) has required that the project have a specific Report of Waste Discharge and a CRWQCB Discharge Permit issued in the name of a public agency.

Sec.173.4 Regulatory Approval of Projects to be Considered. Proponents of projects to be considered for District ownership, administration and operation shall demonstrate that the proposed subsurface disposal systems have been subjected to all necessary CRWQCB and CSDDHS reviews and received all necessary approvals prior to being granted final acceptance by the District. The District shall reserve the right to review or have reviewed, at the expense of the proponent, all engineering and hydro-geologic documents used in securing the necessary regulatory approvals.

Per Ordinance No. 2007-04 Adopted 1/29/2007 {Article 173)

Sec. 173.5 Provision of Subsurface Disposal System Operator. At the District's option and discretion, proponents of projects with subsurface disposal systems being considered for District ownership and operational responsibility shall provide for a minimum of five (5) years a licensed and bonded system operator, with demonstrated experience and qualification in the operation, repair and maintenance of the proposed subsurface disposal system.

Sec. 173.6 Subsurface Disposal System Warranty. The provider, manufacturer and/or installer of the proposed subsurface disposal system shall warranty the system against all defects in materials, labor, and operational malfunction for a period of not less than five (5) years from the date of final acceptance by the District.

Sec. 173.7 Financial Security for System Operation, Maintenance, Replacement, or Inclusion in a Future Conventional Wastewater System. In order to insure the long-term viability of the subsurface disposal system, as a precondition to the grant by the District of final acceptance of a proposed subsurface disposal system, the proponents must satisfy certain financial conditions as may be imposed by the District, including but not necessarily limited to, the following:

(a) Project proponents shall dedicate all facilities and grant all easements deemed necessary by the District for the subsurface collection, treatment and disposal systems that will be dedicated to the District;

(b) The owners of the property to be served by a subsurface disposal system shall be solely responsible for paying all annual expenses incurred by or on behalf of the District in order to provide for the ongoing administration, regulatory compliance, operations and maintenance of such systems, and for funding of both a reasonable operating reserve and a capital replacement fund, based upon the anticipated life of the disposal system, with the facility life expectancy to be determined by the District. Such capital replacement funds, at the District's sole discretion, may be utilized to repair, replace or restore any and all components of the subsurface disposal system.

Sec. 173.7 Financial Security for System Operation, Maintenance, Replacement, or Inclusion in a Future Conventional Wastewater System. (Cont’d.)

(c) To secure future payments of funds required to pay for the ongoing expenses described in paragraph b. above, the District shall be authorized to levy and collect on the property tax bill from the owners of the properties to be served by such subsurface disposal systems: (a) a special tax pursuant to Government Code Section 50075 and following, (b) a sewer service charge or (c) such other tax, charge, fee or assessment as the District, in its sole discretion, may approve. The District shall be authorized to levy and collect any such tax, charge, fee or assessment at rates that the District, in its sole judgment, deems adequate to insure the ongoing ability of the District to fund such expenses solely from such revenue source. Authorization to levy and collect such tax, charge, fee or assessment means that (a) all necessary approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which constitute a condition precedent to the levy and collection of such tax, charge, fee or assessment have been obtained and (b) there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body is pending or threatened which would adversely affect the authority of the District to levy or collect such tax, charge, fee or assessment.

The proponent of District ownership of any subsurface disposal system shall be solely responsible for paying all costs incurred by the District in the review and approval of the ownership of any such system. The General Manager shall require from time to time as necessary that any such proponent deposit with the District such funds as the General Manager, in his or her sole discretion, determines necessary to pay such costs.