61600.35.
(a) As used in this section these terms have the following meanings:(1) “Board” means the board of directors of the district.
(2) “District” means the Los Osos Community Services District.
(3) “Exclusive disposal system handling services” means any arrangement, pursuant to an action by the board, whether by franchise, contract, license, permit, or otherwise, whereby the district itself or one or more other local agencies or onsite disposal system enterprise has the exclusive right to provide onsite disposal system services within all or any part of the onsite wastewater management zone.
(4) “Onsite disposal system” means a septic tank, septic leach pit, leach line, or other structure into which sewage is drained for the purposes of disposal and which is not connected to the district’s wastewater treatment project.
(5) “Onsite disposal system enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing onsite disposal handling services.
(6) “Onsite disposal system services” means the collection, transportation, storage, and transfer of septage from onsite disposal system septic tanks that are located within the onsite wastewater management zone.
(7) “Onsite wastewater management zone” means the unsewered area within the Los Osos Community Services District.
(8) “Person” means any individual, firm, partnership, association, corporation, estate, trust, joint venture, receiver, county, or other political subdivision, or any other group or combination acting as a unit.
(9) “Property owner” means the owner of real property within the onsite wastewater management zone, as shown on the last equalized assessment roll and is the person liable for violations of the rules and regulations adopted by the district pursuant to this section.
(10) “Resident” means those persons who occupy real property within the onsite wastewater management zone.
(11) “Septage” means the liquid and solid material pumped from onsite disposal system holding tanks, when the system is cleaned or maintained.
(b) Notwithstanding Sections 61600 and 61601, whenever the Board of Directors of the Los Osos Community Services District determines, by resolution, that it is feasible, economically sound, and in the public interest for the district to exercise its power to provide for an onsite sewage disposal system pursuant to this section, the board may adopt those additional purposes by resolution entered in the minutes, and those powers of the district may be exercised.
(c) The district may exercise the powers granted by this section to achieve compliance with Section 7 of Regional Water Quality Control Board Order R3-2003-007 and other water quality orders adopted by the Regional Water Quality Control Board to protect existing and beneficial water uses and to protect public health. The district shall have the powers set forth in this section in addition to other powers of the district authorized by law.
(d) (1) The district shall have the following powers with respect to onsite disposal systems:
(A) To collect, treat, reclaim, or dispose of septage from onsite disposal systems within the onsite wastewater management zone.
(B) To adopt standards for the issuance of permits for, and the operation of, onsite disposal systems.
(C) To monitor, inspect, and establish frequency of collection for onsite disposal systems within the onsite wastewater management zone.
(D) To adopt by ordinance and enforce rules and regulations necessary to implement the district’s purposes and powers authorized by this section. The ordinances may be adopted only after the board conducts a public hearing after giving public notice pursuant to Section 6066.
(E) To provide or arrange for exclusive disposal handling services.
(2) The district may, by ordinance, prescribe, revise, and collect rates or other charges for the services and facilities it provides to the property owners and residents within the onsite wastewater management zone.
(3) (A) The district may provide for onsite disposal system services by one or any combination of the following:
(i) The furnishing of the services by the district itself.
(ii) The furnishing of the services by another local agency.
(iii) The furnishing of the services by an onsite disposal system enterprise.
(B) Notwithstanding any other provision of law, the district may determine all of the following:
(i) Aspects of onsite disposal system service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and the method and location of septage reclamation, disposal, and processing.
(ii) Whether the onsite disposal system services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of the board, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide onsite disposal system services may be granted under terms and conditions prescribed by resolution adopted by the board.
(e) The violation of any of the provisions of an ordinance, other than rates and charges, adopted pursuant to this section 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 costs, including administrative costs and attorney’s fees, of the abatement to the district’s regulation may provide that the assessment may constitute a lien upon the property of the owner in a manner provided in Sections 61621.2, 61621.3, and 61621.4.
(f) Nothing in this section affects any obligation of the district to comply with, to prohibit any action by a person or resident inconsistent with, or to obtain, a permit that may be required by law or a regional water quality board order for activities undertaken pursuant to this section.