Cupertino Municipal Code Ch. 15.20 Sewage Disposal Systems\

* For statutory provisions regarding municipal sewer districts, see Health and Safety Code §§ 4600 et seq.

This chapter is enacted to establish standards for the approval, installation, and operation of individual on-site sewage disposal systems consistent with the standards of the California Regional Water Quality Board as set out by the Santa Clara County Environmental Health Services and adopted by the Cupertino City Council.

Such standards are adopted so as to preclude the creation of health hazards and nuisance conditions and to protect surface and groundwater quality.

This chapter shall apply to all territory within the incorporated limits of the City.

(Ord. 1776, (part), 1998)

For the purposes of this chapter, unless otherwise stated herein, certain words and phrases used in this chapter are defined as follows:

A. “Health Officer” means the Director of the County Department of Environmental Health, his assistants, or authorized deputies acting as Health Officers of the City of Cupertino.

B. “Sanitary waste” means and includes, but is not limited to, the discharge from toilets, bathtubs, lavatories, dishwashers, washing machines, and any and all other plumbing fixtures connected to the building plumbing system.

C. “Sewage system standards” means those standards relating to tests and studies, individual sewage disposal system design, construction, and/or maintenance as set out by the Santa Clara County Environmental Health Services to be enforced by the Health Officer and have been adopted by resolution of the Cupertino City Council.

(Ord. 1776, (part), 1998)

A. All property which is used, or is proposed to be used, for a residence, place of business, or other use requiring a building or place where persons congregate, reside, or are employed shall upon the issuance of any permit for building or use be required to be connected to a public sanitary sewer in the most direct manner possible, each building having a separate connection. All areas designated by the General Plan of the City of Cupertino as not required to connect to a public sanitary sewer are excepted from the above requirements.

B. With respect to the exception set forth in subsection A of this section, a private sewage disposal system may be installed; provided that prior to the issuance of a building permit for any new structure, or prior to a change in use of an existing structure, wherein such a private sewage disposal system is to be utilized, written approval is obtained from the Health Officer as provided in this chapter. The Health Officer shall provide the City with a copy of all written approvals for private sewage disposal systems.

(Ord. 1776, (part), 1998)

Every residence, place of business, or other building or place where persons congregate, reside, or are employed that is located in an area designated in the adopted General Plan as not requiring public sanitary sewers shall be provided with a water flush toilet system; the water flush toilet system shall be connected to a private on-site sewage disposal system built or rebuilt, constructed, altered, reconstructed, or maintained in such a manner as to meet all requirements of the sewage system standards as defined in Section 15.20.020C of this chapter.

(Ord. 1776, (part), 1998)

The Health Officer shall require soil percolation tests and at least one boring or excavation per site. The Health Officer may require additional tests and studies as he/she deems necessary to establish the suitability of the site for on-site sewage disposal.

(Ord. 1776, (part), 1998)

It is unlawful for any person to construct, build or rebuild any residence or other building or place where people congregate, reside, or are employed which is not to be connected to an approved public sanitary sewer without first submitting plans of the means of sewage disposal to the Health Officer and obtaining a permit therefor.

(Ord. 1776, (part), 1998)

It is unlawful for any person to alter, expand, or otherwise modify an existing sewage disposal system without first submitting plans of the proposed work to the Health Officer and obtaining a permit therefor.

(Ord. 1776, (part), 1998)

A. Application. The application for an on-site sewage disposal system shall include plans including a contoured plot plan to a minimum scale of one inch to twenty feet. The plans shall comply with and contain all information required by the sewage system standards and any additional information the Health Officer may require. Any changes in the plans after the issuance of a permit may invalidate the permit unless the changes are first approved by the Health Officer.

B. Fees. Permit fees for sewage disposal systems subject to this chapter and all related fees shall be in an amount as determined by the County, from time to time, and adopted by the City Council.

(Ord. 1776, (part), 1998)

No person shall install, construct, alter, enlarge, reconstruct, replace, improve, recondition, or repair a private sewage system without having first having obtained a State contractor’s license pursuant to the sewage system standards.

(Ord. 1776, (part), 1998)

No building permit or certificate of occupancy shall be issued by the City for any building to be used as a residence, place of business, or place where people congregate, reside or are employed, that is not to be connected to an approved sanitary sewer unless the applicant has received written approval of the Health Officer for an on-site sewage disposal system.

(Ord. 1776, (part), 1998)

Inspections of new installations shall be made to ensure compliance with the sewage system standards. All inspections shall be made by the Health Officer in accordance with the sewage system standards. Noncompliance will cause a stop work order to be posted on the job site by the Health Officer. Clearance from the Health Officer must be obtained before further work is done on a posted system.

(Ord. 1776, (part), 1998)

All sewer wells, cesspools, seepage pits, and similar excavations are hereby declared to be a public nuisance and are prohibited.

(Ord. 1776, (part), 1998)

In case of failure, malfunction or breakdown of a private sewage disposal system, if not corrected within the time designated by the Health Officer, the Health Officer may order or cause corrections to be made. The property owner will be responsible for the costs of correction. The Health Officer may also order vacation of the premises pursuant to the sewage system standards.

(Ord. 1776, (part), 1998)

Every private sewage disposal system which has been abandoned or has been discontinued from further use or to which no waste discharge pipe from a plumbing fixture is connected shall be treated in accordance with the sewage system standards.

(Ord. 1776, (part), 1998)

The Health Officer may record a notice of existence of a substandard sewage disposal system violation in the office of the County Recorder, and shall notify the owner of the affected real property, and any other known party responsible for the violation that such action has been taken.

(Ord. 1776, (part), 1998)

The provisions of this chapter shall not be construed as imposing upon the City any liability or responsibility for damages resulting from the defective construction of any sewage disposal system, nor shall the City, or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspections authorized by the provisions of this chapter.

(Ord. 1776, (part), 1998)

It shall be the duty of the Health Officer to enforce the provisions of this chapter, and in the performance of this duty, the Health Officer, or any duly authorized agent of the Health Officer, is authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of the provisions of this chapter and to make investigations, including the taking of samples and conducting dye tests.

(Ord. 1776, (part), 1998)

Any person violating or refusing or failing to comply with any of the provisions of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12 of this code.

(Ord. 1776, (part), 1998)

Any appeal of the decision of the Health Officer pursuant to this chapter shall be made in writing to the Regional Water Quality Control Board having jurisdiction within fifteen days after any such decision is received by the applicant. A copy of such appeal shall also be filed with the Health Officer. The appeal shall specifically describe the grounds upon which it is taken. The decision issued by the Regional Water Quality Control Board shall be final.

(Ord. 1776, (part), 1998)