Humboldt County Municipal Code Ch. 3 Prohibitions

Sections: General Prohibitions. Cesspools and Waste Wells Prohibited. Seepage Pits Prohibited. Prohibition of Holding Tanks; Portable Toilets; Vault Toilet. Pit Privies. 613-1. General Prohibitions. (a) No permit shall be issued if the operation of the proposed sewage treatment system would tend to create a public nuisance as defined in § 611-2(k). (Ord. 2584, § 4, 11/7/2017) (b) No application shall be accepted if the proposed development of the site would violate any Code sections enacted by the Board of Supervisors or would be inconsistent with the General Plan, the Zoning Title, the Open Space Conservation Plan, the Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems, or any other applicable policies and regulations of the State Water Resources Control Board. (Ord. 2584, § 4, 11/7/2017) (c) No permit shall be issued if the operation of the proposed sewage treatment system would violate any laws, regulations, or policies of the State of California. (Ord. 2584, § 4, 11/7/2017)

(d) It shall be unlawful for any person to deposit, by any means whatsoever, into any plumbing fixture, floor drain, interceptor, sump, receptacle or device which is connected to any drainage system, public sewer, sewage treatment system or septic tank any ashes, cinders, solids, rags, flammable, poisonous or explosive liquids or gases, oils, grease, and any other thing whatsoever which may cause damage to the public sewer or private sewage treatment system. (Ord. 945, § 19, 10/2/1973; Ord. 2584, § 4, 11/7/2017) 613-2. Cesspools and Waste Wells Prohibited. All cesspools and waste wells are hereby declared to be public nuisances. It shall be unlawful to drill, construct, maintain, use, or operate a cesspool or waste well. (Ord. 945, § 11, 10/2/1973) 613-3. Seepage Pits Prohibited. Seepage pits have the same undesirable characteristics of cesspools and waste wells. It shall be unlawful to dig or bore seepage pits. (Ord. 945, § 11, 10/2/1973; Ord. 2584, § 2, 11/7/2017; Ord. 2584, § 4, 11/7/2017) 613-4. Prohibition of Holding Tanks; Portable Toilets; Vault Toilet. (a) The use of holding tanks is prohibited except as provided below: (Ord. 2584, § 5, 11/07/2017) (1) The Health Officer authorizes use of a holding tank as a temporary means to abate an existing nuisance or health hazard; or (Ord. 2584, § 5, 11/7/2017) (2) The proposed use is within a sewer service area, sewers are under construction or contracts have been awarded and completion is expected within two (2) years, there is capacity at the wastewater treatment plant and a public entity will assume responsibility for maintenance of the tanks; or (Ord. 2584, § 5, 11/7/2017) (3) Use at a campground or similar temporary public facility where a permanent sewage treatment system is not necessary or feasible and maintenance is performed by a public agency. (Ord. 2584, § 5, 11/7/2017) (b) Portable toilets shall be limited to serve non-residential, temporary-use or occasional-use activities such as remote or field labor operations, special events, and temporary construction sites where connection to a public sewer system or installation of an OWTS is not practicable. (Ord. 2584, § 5, 11/07/2017) (1) No permit is required for use of portable toilets. (Ord. 2584, § 5, 11/7/2017) (c) The use of vault toilets or portable toilets at a temporary-use public facility such as a beach, park or campground may be allowed by the Health Officer where the vault toilet is necessary for the public health, safety, or welfare, where installation of an OWTS is not feasible, where the vault toilet is determined to provide the safest and most acceptable method of sewage handling and is maintained by a public entity. (Ord. 2584, § 5, 11/7/2017)

(d) Portable toilet and vault toilet siting shall conform to setbacks for septic tanks as provided in regulations issued by the Health Officer. (Ord. 2584, § 5, 11/7/2017) 613-5. Pit Privies. It shall be unlawful to construct, maintain, or use a pit privy except as provided below: (a) A pit privy may be used in conjunction with a dwelling constructed pursuant to Article 10, Title 25, California Code of Regulations. A pit privy may also be used as an auxiliary sewage treatment system for a dwelling which is served by a conventional septic tank-leachfield sewage treatment system or in campgrounds where other liquid wastes requiring sewage disposal are not generated. (Ord. 2351, § 20, 12/6/2005; Ord. 2584, § 4, 11/7/2017) (b) A pit privy shall be located only in a rural area. For the purpose of this section “rural” is defined as that part of Humboldt County which is outside the boundaries of an incorporated city, a community services district, a sphere of influence as designated by the Local Agency Formation Commission, or a city established planning area (Government Code § 65300) in the absence of an official city sphere of influence; or outside an urban limit line as designated in the Humboldt County Coastal Land Use Plans; or which is within a community services district or sphere of influence which is located beyond the reasonably projected availability of community services, and which is zoned to permit residential use either as a principal use or with a conditional use permit. (Ord. 2584, § 4, 11/07/2017) (1) For purposes of this section “community services” means water or sewer. (2) If there is any question that land for which a permit is being sought under this section is located beyond the reasonably projected availability of community services, the matter shall be resolved by obtaining from the appropriate city or community services district a written statement indicating whether the city or district intends to serve the parcel in question in the foreseeable future. The written answer of the city or district shall be conclusive as to whether the land for which a permit is sought is located beyond the reasonably projected availability of community services. (c) A pit privy shall be allowed only on a parcel of land two (2) acres or greater in size. (d) A pit privy shall be allowed for a dwelling only when the proposed building site has been evaluated and the site has been determined to be suitable for the installation of a conventional septic tank-leachfield sewage treatment system and reserve area. A determination that there is adequate area for the installation of a conventional sewage treatment system and reserve area shall not be necessary when a pit privy is proposed to be used to attempt to repair a failing sewage treatment system that cannot be corrected due to local conditions such as soil percolation value, high ground water, or insufficient area. (Ord. 2584, § 4, 11/7/2017) (e) A pit privy shall be located in an area suitable for the installation of a conventional septic tank-leachfield sewage treatment system. However, no pit privy shall be located closer than fifty feet (50') to a property line. The Health Officer may waive the fifty feet (50') property line setback when the adjoining property owner agrees to the waiver in writing. (Ord. 2584, § 4, 11/7/2017)

(f) A dwelling which has a pit privy and which is not connected to a conventional septic tank-leachfield sewage treatment system shall be connected to a graywater system approved by the Health Officer. Graywater systems are addressed in Chapter 7 of this division. (Ord. 2584, § 4, 11/7/2017) (g) The Health Officer shall adopt regulations in accordance with § 612-1 of this Code, which will determine the site criteria, construction standards, and maintenance standards for pit privies and graywater systems. Such regulations shall require that a pit privy be a sanitary pit privy constructed in a manner to exclude flies and other possible disease vectors from the earthen pit. The regulations adopted shall also provide that pit privies and graywater systems be constructed only in a manner which will prevent pollution or contamination of ground water or surface water. The regulations shall further provide that pit privies and graywater systems be maintained in such a manner as to prevent the spread of communicable disease and nuisance conditions. (Ord. 945, § 12, 10/2/ 1973; Ord. 1565, § 1, 11/30/1982; Ord. 2584, § 4, 11/7/2017)