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Please issue a permit or decline the permit in writing.There are no other alternatives and we await a <br /> thoughtful outcome. <br /> Thank you <br /> Alfred Martinez, PE <br /> On Fri, Dec 6, 2019 at 4:54 PM Foley, Kasey <KFoley@sj og v.org> wrote: <br /> Mr. Martinez, <br /> Thank you for allowing SJC Environmental Health Department (EHD)time to review your notes, comments are below. <br /> 1. The County previously and again on today's date is requiring that the Shady Rest conduct a new <br /> percolation test and determine rate for the above referenced property. <br /> EHD Comments: As discussed during the meeting, the percolation tests were not performed pursuant <br /> to the EPA manual or the EHD procedure posted on the website so are not considered valid for the <br /> following reasons: <br /> -Tests were not all performed by the Qualified Professional. <br /> -Tests failed to use a fixed reference point to measure the water level resulting in a <br /> disagreement on the reading. <br /> -The Qualified Professional was not on site at the scheduled appointment time and missed <br /> one of the readings required necessary to calculate the proper percolation rate. <br /> You agreed you would perform a new Percolation test according to the procedure and provided a <br /> photo of a device you will now use as a fixed reference point to properly read the water level. <br /> 2. This is not a new project and the site has been operating as a leach field for more than 30 years. <br /> EHD Comments: The Onsite Wastewater Treatment System (OWTS) is not functioning properly at this <br /> site resulting in surfacing sewage complaints and permits to repair every 3-4 years. Existing permits <br /> for this site indicate there are 96 pits serving this site already. <br /> 3. When questioned about the purpose and intent of the testing, the County stated that the percolation <br /> rate was necessary for use in the design of a new OWTS. The County's representatives did not state <br /> or identify that they are licensed engineers. However, Engineer Martinez, stated that the percolation <br /> rate was not necessary to design the OWTS and that default values could be used. Using default <br /> values is routine. <br /> EHD Comments: As discussed during the meeting, Commercial OWTS's with more than one repair in <br /> 10 years require an evaluation by a Qualified Professional (Section 6.5 of OWTS Standards) and <br /> engineered systems require "Percolation rates of leach fields or seepage pits shall be calculated and <br /> figures shown on the plans" (Section 7.1.5 of OWTS Standards). <br /> 2 <br />