Clayton Municipal Code Ch. 13.08 Sewerage

As used in this chapter, the following words and phrases shall have the meanings set forth in this section:

A. "City" means the City of Clayton, a municipal corporation and general law city organized and existing under the constitution and laws of the state.

B. "Concord" means the City of Concord, Contra Costa County, California.

C. "Individual sewage disposal system" means a septic tank and subsurface drainfield or other means of sanitary disposal of sewage approved by the health officer.

D. "Sewage" means domestic sewage or industrial waste, or both.

A. No person shall discharge or deposit sewage or sewage effluent in or on any area within the city except as permitted by this chapter or pursuant to a permit issued by the city council.

B. Individual sewage disposal systems, with the approval and permission of the Contra Costa County Health Department, shall be provided for premises requiring the disposal of sewage where no sanitary sewer system is available. No person shall maintain an improperly functioning individual sewage disposal system. All individual sewage disposal systems shall be properly permitted and maintained in accordance with applicable law.

A. The city contracts with Concord for sewer services. All city residents connecting to the Concord-operated sanitary sewer system shall comply with this section.

B. All city residents receiving sewer service from Concord shall pay all fees and charges lawfully imposed by Concord for such services.

C. Pursuant to the provisions of Government Code § 50022.1 et seq., there is hereby adopted, by reference, the provisions of Chapter 13.05 of the Concord Municipal Code, entitled "Sewer System," as effective on October 7, 2014, excepting Section 13.05.120. Further, Section 13.05.090 is adopted as amended in this section. Concord is authorized to enforce the adopted provisions of Chapter 13.05 within the city to the same extent that these provisions are enforced within Concord.

D. "Sewer system" as defined in Chapter 13.05 shall include the city- and Concord-owned portions of the municipal sanitary sewer system comprised of the works and facilities for collection, conveyance, and disposal of city sewage used to provide sewer services to city residents.

E. Section 13.05.090 is adopted as set forth below:

"13.05.090 Connection to sewer system required; permit for discharge of industrial waste.

a. Connection to sewer system required.

(1) The Council hereby declares that further maintenance or use of cesspools, septic systems, or other local means of sewage disposal on any premises so located shall constitute a public nuisance and may invoke any legal means to abate the same. Connection requirements for any premises located in the county but which can potentially be served by the city's sewer system fall under the jurisdiction of the county Environmental Health Department as outlined in the county ordinance, title 4, division 420.

(2) Notwithstanding the foregoing, no owner or occupant shall be required to connect premises to the sewer system as long as the premises are currently being served by a functioning septic system which, in the opinion of the Director of Public Works, adequately serves the premises. In such cases, the Director of Public Works may approve the deferral of the connection until such time as it is determined that the septic system no longer adequately serves the premises or cannot serve the premises without major repairs. In all cases, for premises in the city the annual sewer service charges will be applicable. Remodeling of existing premises served by a septic system may be allowed if no septic system improvements are required to serve such modifications.

b. Permit for discharge of industrial waste.

(1) No owner or occupant of any premises within the city on which industrial waste is produced shall discharge industrial waste into the sewer system without first obtaining a special discharge permit from the Director of Public Works or the District for such connection. No such owner or occupant of any such premises shall use any means of industrial waste disposal other than through the sewer system.

(2) The issuance of permits pursuant to this subsection shall be conditioned upon the installation by the applicant of such protective devices as shall be determined by the Director of Public Works or the District as provided in Section 13.05.120.

Any violation of this chapter or Chapter 13.05 of the Concord Municipal Code as adopted by reference shall be punishable as a misdemeanor or infraction as determined in the city's discretion. Any violation shall constitute a public nuisance.