Colusa County Municipal Code Art. II General Requirements and Prohibitions

(Ord. No. 784 § 1 (Exh. A) (part))

Every property where there is proposed a residence, place of business, or other building or place which people occupy, or where persons congregate, reside or are employed, and which proposed structures requiring sewage disposal are within two hundred feet of an approved available sanitary sewer, must be connected to the sanitary sewer in the most direct manner possible, provided a right-of-way and any necessary approval from the appropriate sewer authority and the Colusa County local agency formation commission (LAFCO) can be first obtained.

On property where an OWTS exists, and which structures served by an OWTS are within two hundred feet of an approved available sanitary sewer, connection to the available sanitary sewer will be required at the time of system failure or when major repair, septic tank replacement, or addition to the OWTS is required or proposed; provided, that said connection is feasible and any necessary approval from the appropriate sewer authority and the Colusa County LAFCO can first be obtained as determined by the director.

(Ord. No. 784 § 1 (Exh. A) (part))

It is unlawful for any person to do any of the following:

(a) Construct, alter, repair or replace an OWTS or a component element thereof, which system is subject to the provisions of this chapter, without first obtaining a permit from the director in accordance with the provisions of this chapter and standards established hereunder;

(b) Construct, rebuild, use, occupy or maintain any residence, place of business or other structure where persons reside, congregate or are employed, which is not provided with a means of disposal of sewage by connection to a public sewer system or an individual sewage disposal system, without first obtaining approval and/or a permit from the director;

(c) Construct, use, or maintain any privy, cesspool, septic tank, sewage treatment works, chemical toilet, composting toilet, sewer pipes or conduits, or system(s) components in a manner where sewage, impure water or any other matter or substance will discharge upon the surface of the ground, become injurious or dangerous to health or will empty, flow, seep, or drain into or affect any river, stream, creek, spring, lake, pond, reservoir, marsh, water supply, water system, groundwater, culvert, or drainage within the County of Colusa;

(d) Install or place a chemical toilet in or upon any property for any purpose other than temporary use in connection with the construction of a building or other structure during the period of such construction without first obtaining a permit from the director. The director may waive this requirement for other temporary activities if he/she determines that such use will not create a health or safety issue.

Any OWTS constructed, operated, modified, or maintained in violation of this chapter is hereby declared to be a misdemeanor and a public nuisance and may be cited and/or abated according to the provisions of this chapter, the County Code and/or state law as determined by the director.

(Ord. No. 784 § 1 (Exh. A) (part))

No building permit, as required by Chapter 5, shall be issued for any building which is not to be connected to an approved sanitary sewer or an OWTS, without the approval of the director.

(Ord. No. 784 § 1 (Exh. A) (part))

No person may construct, build, rebuild or remodel any residence, place of business, or other building or place where persons reside, congregate or are employed which is not to be connected to an approved sanitary sewer without first submitting plans of the OWTS to the director for approval and either: (a) obtaining approval of the proposed construction, building, rebuilding or remodeling to be served by an existing OWTS; or (b) obtaining an OWTS installation permit pursuant to this chapter. Failure to obtain an approval or permit from the director is a violation of this chapter. The director may waive this requirement if the property’s site evaluation shows that the conditions, soils, topography, etc., of the site will readily support the anticipated system.

(Ord. No. 784 § 1 (Exh. A) (part))

Permits that authorize construction of OWTS shall remain valid for a period of one year from the date initially issued. Renewal procedures shall be as set forth in the Onsite Systems Manual if additional time is required to complete construction.

(Ord. No. 784 § 1 (Exh. A) (part))

All permits are nontransferable.

(Ord. No. 784 § 1 (Exh. A) (part))

All applications for OWTS permits shall be submitted in writing to the Colusa County environmental health division, on a form supplied by the director. The application shall be accompanied by fees as specified in the current resolution approved by the board of supervisors establishing fees for environmental health services.

(Ord. No. 784 § 1 (Exh. A) (part))

The director may deny, suspend or revoke a permit or approval issued hereunder in the case of any false statement, or misrepresentation of fact in the application or on the plans on which the permit approval was based, or if he or she determines that in any other way the permittee is acting in violation of state law, the provisions of this chapter, or the conditions of the permit.

(Ord. No. 784 § 1 (Exh. A) (part))

Any applicant may appeal the decision of the director in denying, suspending or revoking the permit for an OWTS or in relation to an abatement order.

The appeal shall be made to the board of supervisors by submitting to the director a completed application for appeal and the department’s board of supervisor’s appeal fee. The appeal application must be submitted within ten calendar days from the date of the director’s decision to deny, suspend or revoke the permit. The board of supervisors may reject, affirm or modify director’s decision.