East Palo Alto Municipal Code Art. I In General

It is unlawful for any person, whether as principal, servant, agent or employee, to construct, enlarge, alter, repair, improve or replace a septic tank, cesspool, seepage pit, drainage field, leaching system or any other type of individual sewage disposal system, or any part thereof, in or upon any property in the city without first having obtained a permit to do so from the East Palo Alto department of public health.

(Prior code § 11-3.101)

It is unlawful for any person whether as principal, servant, agent or employee to install or replace a chemical toilet installation in or upon any property in the city without first having obtained a permit to do so from the East Palo Alto department of public health; provided, however, that no permit shall be required for the installation of such chemical toilets for temporary use upon property where a building or other structure is being constructed during the period of such construction.

(Prior code § 11-3.102)

No permit shall be issued under this chapter unless the applicant therefore has previously paid the following nonrefundable filing fees:

A. Where a permit is sought for the construction of a new individual sewage disposal system under Section 8.44.010 of this code, the filing fee therefor shall be the sum of one hundred thirty-seven dollars and fifty cents ($137.50).

B. Where an examination of property is sought to determine whether a new individual sewage disposal system permit under Section 8.44.010 of this code can be issued at a future date, the filing fee therefor shall be the sum of sixty-eight dollars and seventy-five cents ($68.75). If such examination approves the issuance of such permit and application for such permit is made within one year, the filing fee for such examination shall be credited towards the filing fee for such permit.

C. Where a permit is sought for the enlargement, alteration, repair or improvement of an individual sewage disposal system under Section 8.44.030, the filing fee therefor shall be the sum of twenty dollars and sixty-two cents ($20.62).

D. Where a permit is sought for a chemical toilet under Section 8.44.020, the filing fee therefor shall be the sum of thirteen dollars and seventy-five cents ($13.75).

The filing fees set out in subsections A and B of this section shall be paid by the applicant at the time of application for a permit to construct, enlarge, alter, repair or improve an individual sewage disposal system or to install or replace a chemical toilet and prior to the inspection for the site of any such construction, enlargement, alteration, repair or improvement of an individual sewage disposal system or installation or replacement of a chemical toilet. The fee established by subsection B of this section shall be paid prior to any examination. Filing fees shall not be refunded to the applicant whether or not the city grants him/her the permit applied for pursuant to subsections A and B of this section or approves the issuance of a permit pursuant to subsection B of this section.

In the event, however, the city fails to process applications under subsections A and C of this section or to make an examination under subsection B of this section, it shall return to the applicant any filing fee paid by him.

(Prior code § 11-3.103)

As used in this chapter:

"Chemical toilet" means and includes any toilet or water closet constructed, installed or placed for the purpose of having deposited therein sewage which is disposed of by a chemical process other than by discharge into a sewer system for treatment in the sewage treatment plant of a public agency or district.

"Health officer" means the director of public health or his authorized representative.

"Sewage" means any and all waste, substance, liquid or solid, associated with human habitation or which contains or may be contaminated with human or animal excreta, excrement, offal or any feculent matter or matters, or substances that may be injurious or dangerous to health, either directly or indirectly.

(Prior code § 11-3.104)

A. No septic tank shall be located closer than:

1. Five feet of any building;

2. Ten feet of any property line;

3. Fifty (50) feet of any well or the top of the bank of a stream;

4. Twenty-five (25) feet of a swimming pool.

B. No drainfield or seepage pit shall be located closer than:

1. Ten feet of any building;

2. Ten feet of any property line;

3. One hundred (100) feet of any well;

4. One hundred (100) feet of the top of the bank of a stream;

5. Fifty (50) feet of a ditch, cutbank or slope over fifty (50) percent rise over run;

6. Twenty-five (25) feet of a swimming pool;

7. Two hundred (200) feet of a reservoir.

C. Any deviations from subsection A or B above shall be with the written approval of the health officer.

(Prior code § 11-3.105)

The type and manner of construction and installation of individual sewage disposal systems shall conform as to size and extent recommended in bulletins issued jointly by the department of public health and the building inspection department and on file in both of the offices. Those installations requiring special consideration shall meet a design approved by the East Palo Alto city department of public health.

The use of pit privies and cesspools for permanent installations is generally prohibited and shall not be permitted except in unusual circumstances upon a written determination that no health problem exists by the health officer. Any such approval shall set forth the terms and conditions upon which the use of a pit privy or cesspool shall be permitted.

(Prior code § 11-3.106)

This chapter in no way prohibits an owner from constructing and installing his or her own sewage system providing that all of the provisions of this chapter are complied with.

(Prior code § 11-3.107)

A. Each application for a permit to install an individual sewage disposal system pursuant to this chapter shall, at the time of making such application, be accompanied with a plot plan which shall show the following:

1. The existing property lines of the property in or upon which the disposal system is to be placed in relation to streets and highways and surrounding properties;

2. The location of all existing or proposed buildings, structures, driveways, patios and similar installations upon property.

B. Initial inspection of the property in or upon which each individual sewage disposal system is to be placed shall be made by a representative of the department of public health and welfare to determine the feasibility of a rural sewage disposal system functioning properly. This may mean having percolation tests made by the owner of the property or his/her representative under the supervision of the health department. A permit will not be issued if, in the opinion of the health officer, the proposed disposal system will not function in a sanitary manner due to lack of ground porosity or by reason of inadequate available area for the proposed disposal system.

C. Final inspection of each installation shall be made by a representative of the health department before the individual sewage disposal system, or any part thereof, is back-filled or covered.

(Prior code § 11-3.108)

The health officer may prepare and issue written regulations deemed necessary to obtain compliance with this chapter and to clarify the relation of this chapter with the laws of the state of California.

(Prior code § 11-3.109)

A. Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized thereby has not been commenced within ninety (90) days after the permit has been issued.

B. If after the commencement of the installation of a sewage disposal system authorized by a permit issued pursuant to this chapter and before the completion thereof the project is abandoned for a continuous period of ninety (90) days then the permit therefor shall expire and become null and void.

C. Upon the expiration of any permit as provided in this chapter, no further work may be done in connection with the installation of the sewage disposal system unless and until a new permit for such purpose is issued in accordance with this chapter.

(Prior code § 11-3.110)

A. No permit issued pursuant to this chapter shall be transferred from one person to another person or from one location to another location.

B. A permit may be revoked or suspended by the city health officer where he/she has determined that a violation of state law or a provision of this chapter exists and has given written notice to the permittee of such violation and where the permittee has failed or neglected within a reasonable time after such notice to make the necessary corrections called for therein. Any permittee who feels aggrieved by an action of suspension or revocation of a permit by the city health officer is entitled to a hearing before the city council and the city health officer shall inform the permittee of this right. Upon receipt of a request for a hearing, the city council shall set the matter for hearing at the earliest practicable date, but in no event later than fourteen (14) days from the effective date of suspension or revocation. At the hearing, the city council shall consider the report of the health officer and any evidence presented by the permittee allegedly aggrieved. The city council may reject, affirm or modify the health officer's decision, which action shall be final.

C. The suspension or revocation of any permit issued pursuant to this chapter shall not be effective until notice thereof in writing is mailed to the permittee.

(Prior code § 11-3.111)

Every individual sewage disposal system in existence prior to the effective date of this chapter which, in relation to existing use, is so unsanitary that it constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or obsolescence is declared to be a public nuisance which shall be abated by repair or rehabilitation. In the event that, after reasonable notice in writing from the health officer, the owner of such an unsanitary disposal system refuses or fails to repair or rehabilitate the disposal system, the maintenance and operation of the disposal system in such an unsanitary condition may be abated in a civil action instituted by the district attorney.

(Prior code § 11-3.112)

A. The provisions of this section shall not apply to any city, town, sanitary district, sanitation district, sewer maintenance district or to any agency or institution of this city, state or the federal government with reference to the cleaning of chemical toilets which are owned and operated by any of the governmental agencies or institutions.

B. It is unlawful for any person or firm to carry on or engage in the business of cleaning toilets or to dispose of the cleanings therefrom in the city unless he/she or it shall hold an unrevoked registration issued by the health and welfare department of the city.

C. It is unlawful for any person or for any person or firm engaged in the business of cleaning chemical toilets or disposing of the cleanings thereof who (which) does not hold an unrevoked registration as provided in this section to clean chemical toilets, or to dispose or aid in the disposal of the cleanings thereof.

D. All applications for registration under this section shall be filed with the health and welfare department of the city. The application shall state the name in full of the applicant; if a partnership, then the names of each of the partners, the relationship of the applicant to the firm or partnership, the place of business and place of residence of the applicant and of each of the partners of the business, and shall state the exact location of the proposed place of disposal of the cleanings. The application shall be signed by the authorized officer of a corporation, if a corporation, or by the managing partner, if a partnership.

E. Registration shall be issued only after a satisfactory examination by a duly authorized representative of the health department of:

1. The equipment to be used;

2. The applicant's knowledge of sanitary principles and of the laws and ordinances affecting human health or nuisances;

3. The reliability of the applicants in observation of sanitary laws, ordinances and directions, and in selecting laborers and employees who may clean out chemical toilets without endangering human health or comfort;

4. The place or places and manner of disposal of the cleanings proposed by the applicant.

F. The department of health and welfare shall act upon each application within thirty (30) days of the date of filing same.

G. Registration shall be only for the unexpired portion of the calendar year in which application is made, and at the end of the calendar year all registrations shall become void and of no effect.

H. Applicants may be registered under such terms, conditions, orders and directions as the department of health may deem necessary for the protection of human health and comfort. The department of health is empowered to:

1. Require any and all persons who are registered therewith to clean chemical toilets or to dispose of the cleanings therefrom;

2. File with the health officer at any time and at such frequency or intervals as is desirable, a statement giving the name and address of the owner or tenant of each and every one of the premises where a chemical toilet shall have been cleaned out by the registrant or his employees or by others on his behalf. The statement shall also describe in precise terms the place where the cleanings shall have been disposed of and by whom. The health department is empowered to require such statements to be sworn to before a notary.

I. A change of address of any registrant including a member of a partnership which is registered and of the place of business thereof shall be reported in writing by registered mail by the registrant within two days after such change of address.

J. Any registration issued under this section may be revoked by the issuing health officer for cause on ten days' notice to applicant, which notice shall be served by registered mail or in person at the latest place of residence or of business reported by the applicant.

K. It is unlawful to violate any of the provisions of this section or any order or orders of the health department made pursuant to this section for the protection of human health and comfort.

(Prior code § 11-3.113)