(a) (1) Except as provided in paragraph (4), where a disadvantaged community or residents of a disadvantaged community are served by one or more inadequate onsite sewage treatment systems, the regional board may order the provision of sewer service by a receiving sewer system to the disadvantaged community, or to all or a portion of the area within the disadvantaged community. The regional board may set timelines and performance measures to facilitate completion of the provision of sewer service. (2) In issuing an order pursuant to paragraph (1), the regional board is not required to determine that all of the onsite sewage treatment systems in the disadvantaged community, or portion of the disadvantaged community, to be provided with sewer service are inadequate onsite sewage treatment systems. (3) (A) The property owner of an affected residence may opt out of an order for the provision of sewer service for a maximum of five years for the residence from the date of the issuance of the order by demonstrating to the regional board that the affected residence is served by an onsite sewage treatment system that meets both of the following criteria: (i) The onsite sewage treatment system was installed no more than 10 years prior to the issuance of the order. (ii) The onsite sewage treatment system is not an inadequate onsite sewage treatment system. (B) A property owner who opted out pursuant to subparagraph (A) shall be responsible for the payment of reasonable standby charges to the receiving sewer system. (C) Subsequent property owners of an affected residence that has opted out pursuant to subparagraph (A) shall have the option of opting in to the provision of sewer service pursuant to the order upon gaining ownership of the affected residence. The subsequent property owners shall have access to all financial assistance made available under this section, including connection fees and infrastructure costs, if any, available to the affected residence. (4) The regional board shall not require the provision of sewer service to a disadvantaged community by a receiving sewer system if the service territory of the receiving sewer system is more than three miles away from the disadvantaged community. (b) (1) Before ordering the provision of sewer service as provided in this section, the regional board shall do all of the following: (A) Encourage voluntary provision of sewer service, which may include voluntary annexation to a city. (B) Consider other enforcement remedies specified in this division. (C) Consult with, and consider input from, the relevant local agency formation commission regarding the sewer service in the affected area, the recommendations for improving service in a municipal service review, and any other relevant information. (D) Consult with the state board. (E) Consult with, and fully consider input from, the local government with land use planning authority and environmental health oversight over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code. (F) (i) Notify the potential receiving sewer system and affected residents within the disadvantaged community, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potential receiving sewer system and the affected property owners to negotiate annexation, extension of service, or another means of providing an adequate sewage service. (ii) During the period set forth in clause (i), the regional board shall provide technical assistance and work with the potential receiving sewer system and the affected residents to develop a financing package that benefits both the receiving sewer system and the affected residents by addressing the receiving sewer systemâs planning and capital costs and the affected residentsâ connection costs. (iii) Upon a showing of good cause, the deadline set forth in clause (i) may be extended by the regional board a
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