Big Bear Lake Municipal Code Ch. 8.52 Sewage Holding Tanks

The purpose of this chapter shall be to insure that sewage holding tanks may be installed and utilized under certain defined conditions so as not to create a nuisance or unhealthful condition.

(Ord. 82-72 § 1(part), 1982)

The following words shall have the following meaning:

A. "Applicant" or "property owner" means and refers to the person who is the owner of record of the land for which a permit for a sewage holding tank has been sought.

B. "Contamination" means an impairment of the quality of water of the city by wastes or other degrading elements to a degree which creates a hazard to the public health through the possibility of poisoning or through the possibility of the spreading of disease.

C. "Department" means the department of environmental health services.

D. "Director" means the director of the city department of environmental health services.

E. "District" means any sanitation district governed by the city council through the city department of special districts operations.

F. "On-site wastewater disposal district or zone" means any district or zone formed pursuant to Section 1, Chapter 3 (commencing with Section 6950) of Part 2 of Division 6 of the California Health and Safety Code for the purpose of managing and/or maintaining on-site sewage disposal systems, including sewage holding tanks.

G. "Person" means any individual, firm, corporation or governmental agency.

H. "Pollution" means an alteration of the quality of the waters of the city by waste to a degree which adversely affects:

1. such waters for beneficial uses;

2. facilities which serve such beneficial uses. Pollution may include contamination.

I. "Septic tank pumper" means and refers to the operator of a cesspool septic tank pumping unit as defined by Section 8.60.020 and which has an operating permit issued by the department.

J. "Sewage" means a combination of liquid wastes which may include chemicals, house waste, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solution, and which is discharged from a dwelling, building or other establishment.

K. "Sewage holding tank" means a watertight, covered receptacle which is designed to receive and store the discharge of sewage and is accessible for the periodic removal of its contents.

L. "Sewering entity" or "sanitation entity" means any public agency which operates and maintains sewage collection and treatment facilities.

(Ord. 82-72 § 1(part), 1982)

Sewage holding tanks for the confinement of all sewage discharged from a dwelling, business establishment, or other facility, from which human waste may be discharged, are permitted where an exemption is granted by the director, based upon conditions provided in Section 8.52.040.

(Ord. 82-72 § 1(part), 1982)

An exemption to Section 8.52.030 of this chapter may be granted by the director provided the following conditions are met:

A. The property for which the exemption is requested is within the boundaries or sphere of influence of a district or sewering entity which has entered into the agreement required by Section 8.52.050.

B. The property for which the exemption is requested is within the boundaries of an on-site wastewater disposal district or zone which has agreed to assume the responsibilities for proper monitoring and maintenance of the sewage holding tanks.

C. That an annual permit from the department be applied for and granted contingent upon:

1. Obtaining all required and/or applicable agreements as per Sections 8.52.050 and 8.52.060;

2. Approval by the city department of building and safety that the standards adopted in Section 8.52.080 have been met in a proposal submitted to the department by the property owner for review;

3. That any required cash bond be posted with the appropriate agency.

D. For an existing dwelling, business establishment, or other facility not otherwise eligible for an exemption, an exemption may be granted by the director, in order to eliminate hazardous condition or code violation where no other acceptable means of sewage disposal is determined to be practical.

(Ord. 82-72 § 1(part), 1982)

A. Nothing in this chapter precludes the sewering entity or district from providing direct services, contracting with another sewering entity or district, or with a private agency in order to implement and carry out the intent and provisions of this chapter.

B. The following written agreements are required to be satisfactorily completed and signed by a responsible person officially representing the sewering entity, and placed on file with the department prior to issuance of the department's permit:

1. That the property is within the boundaries or sphere of influence;

2. That the district or sewering entity agrees to receive sewage and wastewater from the applicant's holding tank into its sanitary sewer system;

3. That the number of sewage holding tanks permitted by the district or sewering entity is not exceeded by the addition of the applicant's proposed sewage holding tank.

4. That the sewering entity or district shall hold any bond required as per Section 8.52.070 and, upon referral by the director, utilize the bond to cover expenses to render such service as necessary to eliminate a hazardous condition.

(Ord. 82-72 § 1(part), 1982)

The following written agreements are required to be satisfactorily completed and signed by the property owner(s), and placed on file with the department prior to issuance of the department's permit:

A. That all sewage of the property shall be discharged to the approved holding tank;

B. That a written contract with a septic tank pumper shall be obtained to service the property on a regularly scheduled basis as per Section 8.52.090;

C. That in the event the contract with the septic tank pumper is terminated by the pumper, the property owner agrees to notify the department and obtain another contract to achieve compliance with this section;

D. That if the property owner fails to correct problems or maintain the system at the proper level of sanitation within forty-eight hours of being given notice of problems or violations of health standards, the property owner agrees to allow the city or other appropriate person to enter the property, correct the problem, and to maintain the system at the expense of the property owner;

E. That the property owner understands that the appropriate city regional water quality control board may adopt rules or regulations that would prohibit or curtail the use of holding tanks, thereby rendering the property unavailable for occupancy by the owner until sewers are available and connected, and if such action is taken by any agency outside the control of the city, the property owner shall hold the city harmless from the results of such action;

F. That as soon as sewage collection lines are available for service to the property and as directed by the department or the sewering entity, the owner shall connect his building sewer thereto and abandon his sewage holding tank in accordance with the provisions of Section 8.52.100;

G. That if the property is sold, the new property owner must be notified of these arrangements by the seller, including that a permit from the department is required to occupy the property, and that such permits are nontransferable.

(Ord. 82-72 § 1 (part), 1982)

A cash bond of up to one hundred dollars may be required to be posted with the appropriate agency to be utilized in the event that that agency is requested by the department to correct problem(s) or maintain the system, if after forty-eight hours of being given notice the property owner has failed to satisfactorily act.

(Ord. 82-72 § 1(part), 1982)

The standards for the design criteria, location and installation and the procedures for approval of the sewage holding tank shall be as follows:

A. Tank and Design Criteria. The design and details of construction of each sewage waste holding tank shall be submitted to the department of building and safety for approval prior to fabrication or installation.

1. Structural design and coating criteria shall be the same as that shown in the Uniform Plumbing Code for a septic tank of the same size, including appropriate product standards.

2. Tank capacity shall be at least one thousand five hundred U.S. gallons for a new dwelling.

3. Tank shall be without baffles or partitions.

4. Tank shall be equipped with at least one water and gas tight access extended to or above finish grade. Access shall be at least twenty inches in diameter and be lockable when closed and be located at the inlet end of the tank.

5. An electrical alarm system shall be installed in each tank and indicate when the tank is approximately seventy-five percent filled. All equipment shall be located so as not to interfere with pumping or be subject to mechanical damage and shall be accessible for repairs and adjustments.

6. For installation of a sewage holding tank for an existing structure, requirements may be modified on a case- by-case basis when applicant provides sufficient justification to the department and the proposal is approved by city environmental health services and building and safety.

B. Job-Site Plan Requirements.

1. An application for a building permit on a project that will have a sewage waste holding tank must be accompanied by two copies of the plot plan containing the following information:

a. Show all structures, property lines, holding tank, and water and sewer lines by dimensions. Indicate the holding tank size;

b. Show pumper parking space, distance to the pumping manhole, and difference in elevation between the bottom of tank and grade level of pumper parking space;

2. The applicant must also provide a signed statement by a licensed city septic tank pumper certifying that the proposed system can be serviced.

C. Installation. Waste holding tanks shall be inspected during construction by the department of building and safety unless they are city listed approved prefabricated units.

1. Tanks shall be at least five feet to property lines, structures and water lines.

2. Tanks shall be within seventy-five feet of the pumper parking area and no more than twenty feet below the pumper parking area measured from the grade level to the tank bottom.

3. Tanks should be located to make the connection to the sewer, when it becomes available, as easy as possible but without running the sewer over the top of the abandoned tank.

4. Each tank shall be filled with water for inspection to check for leaks and operation of the alarm system.

5. The alarm system shall be installed on a separate electrical circuit. Each installation shall have an electrical disconnecting means within sight of the tank.

6. High-level alarm indicators shall be located in the kitchen or bathroom.

7. Plumbing fixtures connected to the holding tank shall be the same as used with conventional sewer systems except that water-saving faucets may be used.

8. Hose bibbs in the vicinity of the holding tank shall be equipped with listed backflow devices.

9. Abandoned holding tanks shall be removed from property or tank pumped and backfilled with sand.

(Ord. 82-72 § 1(part), 1982)

As per Section 8.52.060, a contract with a septic tank pumper shall be placed on file with the department, and shall consist of the following:

A. A maintenance agreement providing for a minimum of one inspection of the sewage holding tanks per month with servicing (pumping) as necessary;

B. The pumper shall provide servicing as necessary on an emergency basis;

C. That in the event the maintenance contract is cancelled or property ownership changes, the septic tank pumper shall immediately advise the department.

(Ord. 82-72 § 1 (part), 1982)

At such time as the department or district orders the abandonment of the sewage holding tank or connection is made to sanitary sewer, the permittee operating a sewage holding tank shall abandon his holding tank by having the contents removed from the property by a septic tank pumper and by either

1. removing the tank from the property, or

2. by backfilling with a material acceptable to the department of building and safety. The abandonment operation shall be conducted under a valid permit from the department of building and safety.

(Ord. 82-72 § 1 (part), 1982)

A. The director or his representative may at any and all reasonable times enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provisions of this chapter are being violated.

B. It is unlawful for any person to have upon his property a sewage holding tank which constitutes either a nuisance, a health hazard and/or a pollution hazard.

C. Every person who violates or fails to comply with any of the provisions of this chapter, or of any order of the department issued pursuant to this chapter, or who procures, aids, abets in any such violation or failure, is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars or by imprisonment in the city jail not exceeding one year, or by both.

D. The continued existence of any violation of this chapter, or of any order of the department issued pursuant to this chapter, beyond the time stipulated for compliance with its provisions, constitutes a separate and distinct offense.

E. Anything done, maintained, or suffered in violation of any of the provisions of this chapter is a public nuisance dangerous to health, and may be enjoined or summarily abated in the manner provided by law. Every public office or body lawfully empowered so to do shall abate the nuisance immediately.

F. It is unlawful for a person to install, operate or maintain a holding tank without a valid, unrevoked permit to do so from the department.

(Ord. 82-72 § 1(part), 1982)

The following permits shall apply, as applicable, for sewage holding tanks or where a sewage holding tank is proposed:

A. Construction Permit. Prior to installation of a sewage holding tank, a permit valid for the term of the building construction, or until a sewage holding tank has been installed and approved for use by the department of building and safety may be granted.

B. Operating Permit. A permit for the placement and/ or operation of a sewage holding tank shall be obtained and renewed each calendar year until that sewage holding tank has been abandoned in accordance with Section 8.52.100 and the department so notified. This permit may be obtained in lieu of a construction permit (subsection A of this section), if desired.

(Ord. 82-72 § 1(part), 1982)

The permit fee for the permit required by the department to install and operate a sewage holding tank shall be as specified in the schedule of fees contained in Title 1, Division 6, Chapter 2 of the county code.

A. Prorating of Fee. The fee may be prorated on a quarterly basis with quarters commencing upon January 1st, April 1st, July 1st and October 1st of each calendar year.

B. Penalty Fee. A fifty percent penalty fee may be imposed whenever a renewal fee is received more than one calendar month after the due date; or, if the sewage holding tank has been placed in operation without the operating permit having been obtained.

C. Construction Permit. Any person who held a valid 1978 permit as required for a holding tank during that calendar year and who qualified for a holding tank construction permit as provided for in Section 8.52.120A may be issued a construction permit by the department with no additional fee.

(Ord. 82-72 § 1(part), 1982)