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HomeMy WebLinkAboutOrdinances_2909 ORDINANCE NO 2909 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 8 38 TO THE REDLANDS MUNICIPAL CODE TO ESTABLISH REGULATIONS GOVERNING ONSITE WASTE TREATMENT SYSTEMS WHEREAS, pursuant to the California State Constitution, the City of Redlands ("City") has the authority to adopt such ordinances as it deems necessary and appropriate to ensure good government in the City, to protect and preserve the City's rights, property, and privileges, and to preserve peace, safety and good order, and WHEREAS, the City deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, construction, and maintenance of onsite waste treatment systems, and providing for the enforcement of said standards and regulations, consistent with federal and state law limitations on that authority, and WHEREAS, Assembly Bill No 885, enacted in 2000 by the State legislature and codified in sections 13290 through 13291 7 of the California Water Code, directed the State Water Resources Control Board ("SWRCB") to develop regulations or standards for onsite wastewater treatment systems ("OWTS"), to be implemented by qualified local agencies, and WHEREAS, the SWRCB adopted regulations in 2012 as its "Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems," which allows local agencies to approve alternative OWTS based on a local ordinance, after approval of a Local Agency Management Program ("LAMP") by the Regional Water Quahty Control Board ("RWQCB"), and WHEREAS, in coordination with the Santa Ana RWQCB, the City has developed a City- wide Tier 2 LAMP addressing the required elements of the OWTS Policy, and WHEREAS, on October 25, 2019 the Santa Ana RWQCB held a public hearing and approved the City's LAMP granting the City authority to approve onsite waste treatment systems consistent with the design standards contained within the LAMP, and WHEREAS, this City Council desire to adopt the LAMP to allow the continued use of OWTS and to expand the local program to permit and regulate alternative OWTS while protecting water quality and public health through the proper design, placement, installation, maintenance, and assessment of mdividual OWTS within the jurisdiction of the City, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS 1 1\Ordinances\Nos 2900-2999 in Word 2909 Adding Chapter 8.38 to Onsite Waste Treatment Systems Clean.docx Section 1 The foregoing Recitals are true and correct and are adopted as findings of the City Council as though set forth in fully within the body of this ordinance Section 2 Chapter 8 38, entitled "Onsite Wastewater Treatment Systems," is hereby added to the Redlands Municipal Code to read as follows "CHAPTER 8 38 ONSITE WASTEWATER TREATMENT SYSTEMS 8 38 010 Purpose 8 38 020 Standards for design and operation 8 38 030 Charges 8 38 010 PURPOSE The purpose of this chapter is to establish standards for the approval, installation, and operation of onsite wastewater treatment systems (OWTS) within the City of Redlands, consistent with the appropriate California Regional Water Quality Control Board (RWQCB) standards and basin plans The standards are adopted to prevent the creation of health hazards and nuisance conditions and to protect surface and groundwater quality The city has prepared and adopted by resolution a Local Agency Management Program (LAMP) for OWTS permitting and regulation throughout the city, and that program has been approved by the California RWQCB for the Santa Ana Region 8 38 020 STANDARDS FOR DESIGN AND OPERATION Any OWTS must be designed and operated in compliance with the provisions of the current version of the City's adopted LAMP resolution, as approved by the RWQCB 8 38 030 CHARGES A fee as established by resolution of the city council shall be paid upon filing an application for review of the design of an OTWS, for inspection of the construction of a new OTWS, and for oversight of the design review for an OTWS permitted through the RWQCB " Section 3 That the City Council hereby finds and determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State Guidelines implementing CEQA Section 4 In the event that any provision of this ordinance, or any part hereof, or any application hereof to any person or circumstances, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this ordinance, or any part hereof, or any application hereof to any person or circumstance or of said provision as applied to any other person or circumstance It is hereby declared to be the legislative intent of the City that this ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein 2 I lOrdmances\Nos 2900 2999 to Word12909 Adding Chapter 8.38 to Onsite Waste Treatment Systems Clean.docx Section 5 The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law maul W Foster,Mayor ATTEST it i.!!.lvz �� J-. +Fe Donaldson, City Clerk v 3 I\Ordinances\Nos 2900-2999 in Word12909 Adding Chapter 8 38 to Onsite Waste Treatment Systems Clean.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 16th day of June, 2020, by the following vote AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSTAIN None ABSENT None ;)-0-41"— J e Donaldson, City Clerk 4 1 1Ordmances\Nos 2900-2999 m Word12909 Adding Chapter 8 38 to Onsite Waste Treatment Systems Clean.docx