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Building - Septic Systems

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1. Under the State Water Resource Control Board's requirements for OWTS in Tier 1, 3, and 4 are soil, site, and percolation tests required for full replacements?

Soil, site, and percolation tests should be performed by a qualified professional licensed by a State of California agency to design an OWTS and practice as a professional for associated reports as allowed under their license or registration. 

All site requirements and site requirement omissions will be determined on a case by case basis by the State of California Santa Ana Regional Water Quality Control Board. 

2. Does an OWTS replacement require a new 100% expansion area?

No.

3. Can seepage pits be installed instead of a leach field?

Seepage pits will only be authorized by the Santa Ana Regional Water Quality Control Board for repairs where site limitations require a variance.

4. Are seepage pits permissible when an existing lot size prohibits a leach field? This could be due to a pool, spa, detached structure(s), sloping terrain, or landscaping, etc.

Tier 1 of the OWTS Policy does not allow for the use or installation of seepage pits.  Should the need for replacement of a dispersal field be problematic, the proponent (applicant) should be contact the Santa Ana Regional Water Quality Control Board for consideration.

5. What if an existing site fails to meet soil & site evaluation analysis? This could be due to boring restrictions/findings, percolation test results, setbacks, or other requirements in Tiers 1, 3 or 4.

A proposed use of alternate disposal system may be considered, provided a sewer system is not available to serve the lot. Such proposals shall be forwarded to the Santa Ana Regional Water Quality Control Board for consideration.

6. What if an existing site cannot meet the requirements of Tiers 1, 3, or 4? This could be due to addition(s), landscaping, site terrain, pool, spa or detached structure. How is compliance required?

In this case, a proposed use of alternate disposal system may be considered provided a sewer system is not available to serve the lot. Such proposals shall be forwarded to the Santa Ana Regional Water Quality Control Board for consideration.

7. An existing single-family dwelling unit's OWTS has failed. The home is within 200' of a sewer connection. Is there anything that would omit the City ordinance requiring connection to the sewer?

No. If a sewer connection is available within 200 feet of the lot, the septic system must be abandoned, and the property must connect to sewer.

8. An existing single-family dwelling unit has a failing OWTS & the owner can only afford the replacement cost and not the soil, site or percolation testing. Are there any exceptions?

The homeowner may apply to State Water Resources Control Board, Division of Financial Assistance for funds to create a mini-loan program which is intended to assist property owners with compliance costs (see Legislative intent, Water Code § 13291.5).  Assistance is encouraged for private property owners whose cost of complying with the requirements of the policy exceeds one-half of 1% of the current assessed value of the property on which the OWTS is located.  For further information, please visit the State Water Resources Control Board website.  

9. An existing single-family dwelling unit has a failing OWTS with a public sewer within 200'. The owners are on fixed incomes & caring for a disabled person. Would a connection be required?

The City of Yorba Linda can issue permits for the repair and or replacement of existing systems provided they comply with Tier 1 and 4 requirements of the OWTS Policy and with Santa Ana Regional Water Quality Control Board approval prior to permit issuance by the City of Yorba Linda. 

If the system requires minor repairs, such as a new main line, clean out, tank lids, then no connection is required. However, if a system requires a new leach field, pits, or tank then a sewer connection is required. 

If financial assistance is required, the homeowner may apply to State Water Resources Control Board, Division of Financial Assistance for funds to create a mini-loan program which is intended to assist property owners with compliance costs (see Legislative intent, Water Code § 13291.5).  Assistance is encouraged for private property owners whose cost of complying with the requirements of the policy exceeds one-half of 1% of the current assessed value of the property on which the OWTS is located.  For further information, please visit the State Water Resources Control Board website.  

10. How does a homeowner apply for financial assistance per the OWTS policy & receive a Conditional Waiver of Waste Discharge Requirements? What entity issues the approvals?

The homeowner may apply to State Water Resources Control Board, Division of Financial Assistance for funds to create a mini-loan program which is intended to assist property owners with compliance costs (see Legislative intent, Water Code § 13291.5).  Assistance is encouraged for private property owners whose cost of complying with the requirements of the policy exceeds one-half of 1% of the current assessed value of the property on which the OWTS is located.  For further information, please visit the State Water Resources Control Board website.  

Approval for financial assistance or Conditional Waiver of Waste Discharge Requirements will come from the State Water Resources Control Board. The Santa Ana Water Quality Control Board will not be responsible for the approval

11. A homeowner wants to convert an attached garage into 2 bedrooms/1 bath. The addition will comply with the single-family dwelling unit definition, but will require a larger system. Is this possible?

The conversion of the attached garage is deemed “new development” and must comply with Tier 1 requirements of the OWTS Policy regarding the minimum lot size, setbacks, flows, etc. Projects will be considered on a case by case basis by the Santa Ana Regional Water Quality Control Board.

12. A homeowner wants to add on to an existing single-family dwelling unit. The addition will result in the replacement and enlargement of the existing system. Is this allowed?

If the property is within 200 feet of a sewer, then the site must connect. 

However, if a sewer connection is not available, then a replacement system possibly may be installed. The installation must be compliant with Tier 1 requirements of the OWTS Policy and approved by the Santa Ana Regional Water Quality Control Board prior to a permit being issued. 

Please be advised the Yorba Linda Water District and the Orange County Sanitation District consider any room that has two methods of egress, including door(s) or window(s), a ceiling height of 7', a net floor area of 70 square feet with a dimension of no less than 7', with or with out a closet, a bedroom. 

13. An existing OWTS is sized correctly and will not require any modifications for a proposed detached pool house with a bedroom and bath. Can the pool house tie into the existing system?

A small pool house or other similar structures can be reviewed by the Santa Ana Regional Water Quality Control Board on a case by case consideration.

14. Can a detached Accessory Dwelling Unit (ADU) be constructed on a lot less than 2.5 acres and tie into a correctly sized, existing OWTS?

Current state law allows for ADUs, provided there is a sewer system available to serve lots and properties.

15. An existing detached garage is being considered for use as an ADU. The garage is currently connected with a lattice covered patio cover. Will there be any limitations?

The Santa Ana Water Regional Quality Control Board does not consider patio covers or breezeways a means of attachment to create separate room additions to a single-family home.

16. An existing OWTS is sized correctly and will not require any modifications for a proposed detached ADU on an existing property. Can the ADU tie into the existing system?

No. The proposed ADU would require a separate OWTS to be installed and would need to meet the Tier 1 requirements in the OWTS Policy. Thus, 2.5 separate acres would need to be dedicated the new OWTS.

17. Current state law allows ADUs by right and with the State’s encouragement. However, the Water Board is denying ADUs based on the OWTS Policy. How does the City remain compliant with both agencies?

The current California State law allows for ADUs, provided there is a sewer system available to serve those lots/properties. Proposals for ADUs to be served by an OWTS must comply with the current statewide OWTS Policy. 

California’s right to ADUS are contingent based on SB-1069, Sec. 5. 65852.2(a)(1)A and AB-2299, SEC. 1.5 65852.2(a)(1)(A).

18. Per the CA Water Resource Board's OWTS Policy, would a Board and Care Facility be considered a single-family dwelling unit?

Per the California Water Resource Board's OWTS Policy, a single-family dwelling unit is defined as a structure occupied by just one household or family and would not generate more than 250 gallons of waste water per day.  Thus, a Board and Care is deemed a commercial project which would result in an increase of waste water flows of more than 250 gallons per day.

19. Can a single-family dwelling unit be purchased and within one year be converted into a Board and Care facility?

No, a Board and Care is deemed a commercial project which would result in an increase of waste water flows of more than 250 gallons per day.

20. Can a single-family home be purchased with the intent to convert the home to a Board and Care facility?

No, a Board and Care is deemed a commercial project which would result in an increase of waste water flows of more than 250 gallons per day.