6975. An on-site wastewater disposal zone may be formed to achieve
water quality objectives set by regional water quality control
boards, to protect existing and future beneficial water uses, protect
public health, and to prevent and abate nuisances. Whenever an
on-site wastewater disposal zone has been formed pursuant to this
chapter, the public agency shall have the powers set forth in this
article, which powers shall be in addition to any other powers
provided by law. A public agency shall exercise its powers on behalf
of a zone.
6976. An on-site waste water disposal zone shall have the following
powers:
(a) To collect, treat, reclaim, or dispose of waste water without
the use of communitywide sanitary sewers or sewage systems and
without degrading water quality within or outside the zone.
(b) To acquire, design, own, construct, install, operate, monitor,
inspect, and maintain on-site wastewater disposal systems, not to
exceed the number of systems specified pursuant to either Section
6960 or Section 6960.1, within the zone in a manner which will
promote water quality, prevent the pollution, waste, and
contamination of water, and abate nuisances.
(c) To conduct investigations, make analyses, and monitor
conditions with regard to water quality within the zone.
(d) To adopt and enforce reasonable rules and regulations
necessary to implement the purposes of the zone. Such rules and
regulations may be adopted only after the board conducts a public
hearing after giving public notice pursuant to Section 6066 of the
Government Code.
6977. The public agency shall do all such acts as are reasonably
necessary to secure compliance with any federal, state, regional, or
local law, order, regulation, or rule relating to water pollution or
the discharge of pollutants, waste, or any other material within the
zone. For such purpose, any authorized representative of the public
agency, upon presentation of his credentials, or, if necessary under
the circumstances, after obtaining an inspection warrant pursuant to
Title 13 (commencing with Section 1822.50) of Part 3 of the Code of
Civil Procedure, shall have the right of entry to any premises on
which a water pollution, waste, or contamination source, including,
but not limited to, septic tanks, is located for the purpose of
inspecting such source, including securing samples of discharges
therefrom, or any records required to be maintained in connection
therewith by federal, state, or local law, order, regulation, or
rule.
6978. (a) Violation of any of the provisions of a rule or
regulation adopted pursuant to subdivision (d) of Section 6976 may be
abated as a public nuisance by the board. The board may by
regulation establish a procedure for the abatement of such a nuisance
and to assess the cost of such abatement to the violator. If the
violator maintains the nuisance upon real property in which he has a
fee title interest, the assessment shall constitute a lien upon such
real property in the manner provided in subdivision (b).
(b) The amount of any costs, which are incurred by the zone in
abating such a nuisance upon real property, shall be assessed to such
real property and shall be added to, and become part of, the annual
taxes next levied upon the real property subject to abatement and
shall constitute a lien upon that real property as of the same time
and in the same manner as does the tax lien securing such annual
taxes. All laws applicable to the collection and enforcement of
county ad valorem taxes shall be applicable to such assessment,
except that if any real property to which such lien would attach has
been transferred or conveyed to a bona fide purchaser for value, or
if a lien of a bona fide encumbrancer for value has been created and
attached thereon, prior to the date on which such delinquent charges
appear on the assessment roll, then a lien which would otherwise be
imposed by this section shall not attach to such real property and
the delinquent and unpaid charges relating to such property shall be
transferred to the unsecured roll for collection. Any amounts of such
assessments collected are to be credited to the funds of the zone
from which the costs of abatement were expended.
6979. (a) The owner of any real property upon which is located an
on-site wastewater disposal system, which system is subject to
abatement as a public nuisance by the public agency, may request the
public agency to replace or repair, as necessary, such system. If
replacement or repair is feasible, the board may provide for the
necessary replacement or repair work.
(b) The person or persons employed by the board to do the work
shall have a lien, subject to the provisions of subdivision (b) of
Section 6978, for work done and materials furnished, and the work
done and materials furnished shall be deemed to have been done and
furnished at the request of the owner. The zone, in the discretion of
the board, may pay all, or any part, of the cost or price of the
work done and materials furnished; and, to the extent that the zone
pays the cost or price of the work done and materials furnished, the
zone shall succeed to and have all the rights, including, but not
limited to, the lien, of such person or persons employed to do the
work against the real property and the owner.
6980. A board may exercise all of the public agency's existing
financial powers on behalf of a zone, excepting that any assessment
or tax levied upon the real property of a zone shall be subject to
the provisions of Sections 6978 and 6981.
6981. Notwithstanding any other provision of law, a public agency
may levy an assessment reasonably proportional to the benefits
derived from the zone, as determined by the board, and subject to the
approval of the voters pursuant to the provisions of Article 6
(commencing with Section 2285) of Chapter 3 of Part 4 of Division 1
of the Revenue and Taxation Code. Such benefit assessment shall be in
addition to any other charges, assessments, or taxes otherwise
levied by the public agency upon the property in the zone.
6982. (a) Notwithstanding Section 6952, the West Bay Sanitary
District may use the procedures in this chapter to provide
alternative or innovative wastewater technologies in the district's
jurisdiction.
(b) The determination of a public health officer pursuant to
Section 6955.1 shall include written findings, adopted by the
district board of directors, regarding the existing or potential
public health hazard.
(c) "Alternative or innovative wastewater technologies" means
either (1) an onsite wastewater disposal system, as defined in
Section 6952, or (2) such a system in conjunction with communitywide
sewer or sewage systems, if one or more of the components of the
system is located on or in close proximity to the real property and
employs innovative or alternative wastewater technologies, including,
but not limited to, grinder pump pressure sewer systems, septic tank
effluent pump pressure sewer systems, vacuum sewer systems, or
small-diameter gravity septic tank systems.
6975. An on-site wastewater disposal zone may be formed to achieve
water quality objectives set by regional water quality control
boards, to protect existing and future beneficial water uses, protect
public health, and to prevent and abate nuisances. Whenever an
on-site wastewater disposal zone has been formed pursuant to this
chapter, the public agency shall have the powers set forth in this
article, which powers shall be in addition to any other powers
provided by law. A public agency shall exercise its powers on behalf
of a zone.
6976. An on-site waste water disposal zone shall have the following
powers:
(a) To collect, treat, reclaim, or dispose of waste water without
the use of communitywide sanitary sewers or sewage systems and
without degrading water quality within or outside the zone.
(b) To acquire, design, own, construct, install, operate, monitor,
inspect, and maintain on-site wastewater disposal systems, not to
exceed the number of systems specified pursuant to either Section
6960 or Section 6960.1, within the zone in a manner which will
promote water quality, prevent the pollution, waste, and
contamination of water, and abate nuisances.
(c) To conduct investigations, make analyses, and monitor
conditions with regard to water quality within the zone.
(d) To adopt and enforce reasonable rules and regulations
necessary to implement the purposes of the zone. Such rules and
regulations may be adopted only after the board conducts a public
hearing after giving public notice pursuant to Section 6066 of the
Government Code.
6977. The public agency shall do all such acts as are reasonably
necessary to secure compliance with any federal, state, regional, or
local law, order, regulation, or rule relating to water pollution or
the discharge of pollutants, waste, or any other material within the
zone. For such purpose, any authorized representative of the public
agency, upon presentation of his credentials, or, if necessary under
the circumstances, after obtaining an inspection warrant pursuant to
Title 13 (commencing with Section 1822.50) of Part 3 of the Code of
Civil Procedure, shall have the right of entry to any premises on
which a water pollution, waste, or contamination source, including,
but not limited to, septic tanks, is located for the purpose of
inspecting such source, including securing samples of discharges
therefrom, or any records required to be maintained in connection
therewith by federal, state, or local law, order, regulation, or
rule.
6978. (a) Violation of any of the provisions of a rule or
regulation adopted pursuant to subdivision (d) of Section 6976 may be
abated as a public nuisance by the board. The board may by
regulation establish a procedure for the abatement of such a nuisance
and to assess the cost of such abatement to the violator. If the
violator maintains the nuisance upon real property in which he has a
fee title interest, the assessment shall constitute a lien upon such
real property in the manner provided in subdivision (b).
(b) The amount of any costs, which are incurred by the zone in
abating such a nuisance upon real property, shall be assessed to such
real property and shall be added to, and become part of, the annual
taxes next levied upon the real property subject to abatement and
shall constitute a lien upon that real property as of the same time
and in the same manner as does the tax lien securing such annual
taxes. All laws applicable to the collection and enforcement of
county ad valorem taxes shall be applicable to such assessment,
except that if any real property to which such lien would attach has
been transferred or conveyed to a bona fide purchaser for value, or
if a lien of a bona fide encumbrancer for value has been created and
attached thereon, prior to the date on which such delinquent charges
appear on the assessment roll, then a lien which would otherwise be
imposed by this section shall not attach to such real property and
the delinquent and unpaid charges relating to such property shall be
transferred to the unsecured roll for collection. Any amounts of such
assessments collected are to be credited to the funds of the zone
from which the costs of abatement were expended.
6979. (a) The owner of any real property upon which is located an
on-site wastewater disposal system, which system is subject to
abatement as a public nuisance by the public agency, may request the
public agency to replace or repair, as necessary, such system. If
replacement or repair is feasible, the board may provide for the
necessary replacement or repair work.
(b) The person or persons employed by the board to do the work
shall have a lien, subject to the provisions of subdivision (b) of
Section 6978, for work done and materials furnished, and the work
done and materials furnished shall be deemed to have been done and
furnished at the request of the owner. The zone, in the discretion of
the board, may pay all, or any part, of the cost or price of the
work done and materials furnished; and, to the extent that the zone
pays the cost or price of the work done and materials furnished, the
zone shall succeed to and have all the rights, including, but not
limited to, the lien, of such person or persons employed to do the
work against the real property and the owner.
6980. A board may exercise all of the public agency's existing
financial powers on behalf of a zone, excepting that any assessment
or tax levied upon the real property of a zone shall be subject to
the provisions of Sections 6978 and 6981.
6981. Notwithstanding any other provision of law, a public agency
may levy an assessment reasonably proportional to the benefits
derived from the zone, as determined by the board, and subject to the
approval of the voters pursuant to the provisions of Article 6
(commencing with Section 2285) of Chapter 3 of Part 4 of Division 1
of the Revenue and Taxation Code. Such benefit assessment shall be in
addition to any other charges, assessments, or taxes otherwise
levied by the public agency upon the property in the zone.
6982. (a) Notwithstanding Section 6952, the West Bay Sanitary
District may use the procedures in this chapter to provide
alternative or innovative wastewater technologies in the district's
jurisdiction.
(b) The determination of a public health officer pursuant to
Section 6955.1 shall include written findings, adopted by the
district board of directors, regarding the existing or potential
public health hazard.
(c) "Alternative or innovative wastewater technologies" means
either (1) an onsite wastewater disposal system, as defined in
Section 6952, or (2) such a system in conjunction with communitywide
sewer or sewage systems, if one or more of the components of the
system is located on or in close proximity to the real property and
employs innovative or alternative wastewater technologies, including,
but not limited to, grinder pump pressure sewer systems, septic tank
effluent pump pressure sewer systems, vacuum sewer systems, or
small-diameter gravity septic tank systems.
6975. An on-site wastewater disposal zone may be formed to achieve
water quality objectives set by regional water quality control
boards, to protect existing and future beneficial water uses, protect
public health, and to prevent and abate nuisances. Whenever an
on-site wastewater disposal zone has been formed pursuant to this
chapter, the public agency shall have the powers set forth in this
article, which powers shall be in addition to any other powers
provided by law. A public agency shall exercise its powers on behalf
of a zone.
6976. An on-site waste water disposal zone shall have the following
powers:
(a) To collect, treat, reclaim, or dispose of waste water without
the use of communitywide sanitary sewers or sewage systems and
without degrading water quality within or outside the zone.
(b) To acquire, design, own, construct, install, operate, monitor,
inspect, and maintain on-site wastewater disposal systems, not to
exceed the number of systems specified pursuant to either Section
6960 or Section 6960.1, within the zone in a manner which will
promote water quality, prevent the pollution, waste, and
contamination of water, and abate nuisances.
(c) To conduct investigations, make analyses, and monitor
conditions with regard to water quality within the zone.
(d) To adopt and enforce reasonable rules and regulations
necessary to implement the purposes of the zone. Such rules and
regulations may be adopted only after the board conducts a public
hearing after giving public notice pursuant to Section 6066 of the
Government Code.
6977. The public agency shall do all such acts as are reasonably
necessary to secure compliance with any federal, state, regional, or
local law, order, regulation, or rule relating to water pollution or
the discharge of pollutants, waste, or any other material within the
zone. For such purpose, any authorized representative of the public
agency, upon presentation of his credentials, or, if necessary under
the circumstances, after obtaining an inspection warrant pursuant to
Title 13 (commencing with Section 1822.50) of Part 3 of the Code of
Civil Procedure, shall have the right of entry to any premises on
which a water pollution, waste, or contamination source, including,
but not limited to, septic tanks, is located for the purpose of
inspecting such source, including securing samples of discharges
therefrom, or any records required to be maintained in connection
therewith by federal, state, or local law, order, regulation, or
rule.
6978. (a) Violation of any of the provisions of a rule or
regulation adopted pursuant to subdivision (d) of Section 6976 may be
abated as a public nuisance by the board. The board may by
regulation establish a procedure for the abatement of such a nuisance
and to assess the cost of such abatement to the violator. If the
violator maintains the nuisance upon real property in which he has a
fee title interest, the assessment shall constitute a lien upon such
real property in the manner provided in subdivision (b).
(b) The amount of any costs, which are incurred by the zone in
abating such a nuisance upon real property, shall be assessed to such
real property and shall be added to, and become part of, the annual
taxes next levied upon the real property subject to abatement and
shall constitute a lien upon that real property as of the same time
and in the same manner as does the tax lien securing such annual
taxes. All laws applicable to the collection and enforcement of
county ad valorem taxes shall be applicable to such assessment,
except that if any real property to which such lien would attach has
been transferred or conveyed to a bona fide purchaser for value, or
if a lien of a bona fide encumbrancer for value has been created and
attached thereon, prior to the date on which such delinquent charges
appear on the assessment roll, then a lien which would otherwise be
imposed by this section shall not attach to such real property and
the delinquent and unpaid charges relating to such property shall be
transferred to the unsecured roll for collection. Any amounts of such
assessments collected are to be credited to the funds of the zone
from which the costs of abatement were expended.
6979. (a) The owner of any real property upon which is located an
on-site wastewater disposal system, which system is subject to
abatement as a public nuisance by the public agency, may request the
public agency to replace or repair, as necessary, such system. If
replacement or repair is feasible, the board may provide for the
necessary replacement or repair work.
(b) The person or persons employed by the board to do the work
shall have a lien, subject to the provisions of subdivision (b) of
Section 6978, for work done and materials furnished, and the work
done and materials furnished shall be deemed to have been done and
furnished at the request of the owner. The zone, in the discretion of
the board, may pay all, or any part, of the cost or price of the
work done and materials furnished; and, to the extent that the zone
pays the cost or price of the work done and materials furnished, the
zone shall succeed to and have all the rights, including, but not
limited to, the lien, of such person or persons employed to do the
work against the real property and the owner.
6980. A board may exercise all of the public agency's existing
financial powers on behalf of a zone, excepting that any assessment
or tax levied upon the real property of a zone shall be subject to
the provisions of Sections 6978 and 6981.
6981. Notwithstanding any other provision of law, a public agency
may levy an assessment reasonably proportional to the benefits
derived from the zone, as determined by the board, and subject to the
approval of the voters pursuant to the provisions of Article 6
(commencing with Section 2285) of Chapter 3 of Part 4 of Division 1
of the Revenue and Taxation Code. Such benefit assessment shall be in
addition to any other charges, assessments, or taxes otherwise
levied by the public agency upon the property in the zone.
6982. (a) Notwithstanding Section 6952, the West Bay Sanitary
District may use the procedures in this chapter to provide
alternative or innovative wastewater technologies in the district's
jurisdiction.
(b) The determination of a public health officer pursuant to
Section 6955.1 shall include written findings, adopted by the
district board of directors, regarding the existing or potential
public health hazard.
(c) "Alternative or innovative wastewater technologies" means
either (1) an onsite wastewater disposal system, as defined in
Section 6952, or (2) such a system in conjunction with communitywide
sewer or sewage systems, if one or more of the components of the
system is located on or in close proximity to the real property and
employs innovative or alternative wastewater technologies, including,
but not limited to, grinder pump pressure sewer systems, septic tank
effluent pump pressure sewer systems, vacuum sewer systems, or
small-diameter gravity septic tank systems.
