Humboldt County Municipal Code Ch. 5 Waterless Toilet Systems

Sections: Purpose. Definitions. General Requirements. Construction Permits. Operational Permit and Reporting. Revocation of Operational Permit. Abatement. Operation and Maintenance Manual. End Product Testing. End Product Reuse and Disposal. Inspections. 615-1. Purpose. These regulations provide the requirements for the design and operation of waterless toilets used in combination with approved onsite wastewater treatment systems (OWTS) while protecting public health and water quality. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) 615-2. Definitions. (a) “Agricultural field settings” means hand-labor operations at agricultural establishments as defined in California Code of Regulations, Title 8, Section 3457, Field Sanitation. (b) “Composting toilet” means a system designed to safely collect and process excreta and compost additives into humus through aerobic decomposition. (c) “Composting processor” means the site of aerobic decomposition transforming excreta and compost additives into humus.

(d) “Commode” means the part of a composting toilet fixture for collecting, containing, or transporting excreta to the compost processor. (e) “Department” means the Department of Health and Human Services, Division of Environment Health. (f) “Diverted urine” means urine that is collected and has not made contact with feces. (g) “Humus” means the biologically decomposed, soil-like end product of the compost processor. (h) “Leachate” means liquid in contact with human excrement or sewage. (i) “NSF” means the National Sanitation Foundation. (j) “Owner” means the owner of record of the affected property whose name and address appears on the last equalized secured property tax assessment roll or, in the case of any public entity, the representative thereof, as defined in Section 351-4(k). (k) “RTM” means the Humboldt County Onsite Wastewater Treatment Regulations and Technical Manual. (l) “Secondary composting” means additional retention and continued decomposition of humus. (m) “Tier 0” means an existing OWTS that is functioning properly and does not meet the conditions of failing systems or otherwise requires corrective action (see California State Water Resources Control Board Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems, June 19, 2012, Tier 0 – Existing OWTS). (n) “Waterless toilet” includes composting and incinerating toilets. (Repealed and reenacted by Ord. 2628, § 2, 6/ 4/2019) 615-3. General Requirements. (a) Waterless toilets will be permitted for owner-occupied single-family dwellings, agricultural field settings, and research organizations with an agreement with the Department to install and operate a waterless toilet system(s) to evaluate their performance. In addition, one (1) of the following conditions shall apply: (1) The site on which the waterless toilet is proposed to be installed has an existing, permitted OWTS with reserve area, and the waterless toilet system would be an accessory thereto. (2) The site on which the waterless toilet is proposed has an OWTS failure of which correction is not feasible due to local conditions, including, but not limited to, soil percolation value, high ground water, and insufficient area and the waterless toilet as a repair will reduce the flow to the existing OWTS and reduce the negative impact to the environment. (3) The site is beyond the reasonably projected availability of community services and an approved OWTS, with designated reserve area, will be installed.

(4) The site is within a specially created maintenance district designed to monitor and maintain all sewage treatment systems, including, but not limited to, waterless toilets, within the district. (5) A waterless toilet and graywater system existing prior to January 1, 1984, where testing can demonstrate a Tier 0 status for the primary and reserve OWTS, may be approved under this section. (b) Waterless toilets may replace a flush toilet and will be an accessory to, and not a replacement for, an approved OWTS. All other wastewater generated must be discharged to an approved system. (c) Waterless toilet configurations will include a commode(s) paired with a composting processor and/or the use of a secondary composting processor. A waterless toilet system not addressed by the provisions of this chapter may be proposed for consideration by the Department for approval on a case-by-case basis. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) 615-4. Construction Permits. (a) Permit Required. No person shall construct, modify, repair, replace, remove, excavate, or destroy any kind of waterless toilet system or any portion thereof without first having obtained a permit to do so from the Health Officer. (b) The construction or installation of a waterless toilet may also require approval by the local Building Official and shall meet all applicable zoning, structural, mechanical, electrical, and/or plumbing requirements. (c) Applications. Each application for a permit to construct, modify, repair, replace, remove, excavate, or destroy any type of waterless toilet shall be made on a form provided by the Health Officer. The submittal and review of the application and supporting documentation shall meet the requirements of Chapter 2 of this division. The application shall also include the following: (1) Site map demonstrating compliance with the siting requirements, setbacks, and end product reuse or disposal areas. (2) Documentation on the sizing of the waterless toilet system demonstrating it will be appropriate for the number of users and intended demand. In support of the calculated sizing, applicant will provide the reference or the manufacturer’s specifications or public domain information supporting the design, construction, operation and maintenance. (3) Plans and specifications for the proposed waterless toilet system and dispersal system(s) for the treatment and disposal of the remaining wastewater. (4) Operation and Maintenance Manual as required by Section 615-8, including any manufacturer’s owner’s manual. (5) A description for end product testing as required by Section 615-9. (6) A description for end product reuse or disposal as required by Section 615-10.

(d) Structural Requirements. The waterless toilet system shall be designed to accept, hold and adequately treat liquid and solid human waste by microbial digestion. The design and installation shall meet the following: (1) Waterless toilet system will exclude disease vectors, including, but not limited to, insects and rodents, and will prevent the spread of communicable disease. (2) Provide ventilation to eliminate odors and prevent the escape of gases in the dwelling or occupied space. (3) Materials and construction practices shall be structurally sound, reinforced, watertight, and be able to withstand the loading weight. (4) All contact materials and components shall comply with applicable standards and shall be constructed of corrosion resistant materials. (5) Waste materials and intermediate products will not contaminate or pollute surface or ground water, or otherwise significantly degrade the environment. Human contact with raw materials shall be minimized. (e) Setbacks. Setbacks for waterless toilets, compost processors and end product disposal/reuse sites shall be the same as septic tanks and dispersal fields as described in Appendix E of the RTM. (1) Contained compost processors with no leachate discharge shall meet the setbacks for parcels two and one-half (2 1/2) acres or larger, a thirty (30) foot setback from all property lines, and for parcels less than two and one-half (2 1/2) acres, a twenty (20) foot front yard setback, a five (5) foot side yard, and a ten (10) foot rear yard. (2) Compost processors without a watertight vessel containing intermediate and finished end product shall meet the setbacks for dispersal fields. (3) End product disposal/reuse sites shall meet the setbacks for dispersal fields. (f) Leachate. Any excess liquid waste or accumulated leachate from a compost processor shall be recirculated within the processor or drained to the approved OWTS. (g) Premanufactured waterless toilet systems shall be certified and listed by the NSF under NSF/ANSI Standard 41, unless otherwise approved by the Department. (h) Custom site-built waterless toilet systems with supporting public domain documentation on design and operation may be accepted after approval by the local Building Official and the Department. (i) Incinerating Toilets. (1) Incinerating toilets will be designed and installed in accordance with all applicable Federal, State, and local air pollution requirements and manufacturer’s instructions. (2) Incinerating toilets will meet the requirements of NSF Protocol P157 and bear the seal of approval of NSF or an equivalent third-party testing and certification program and will be operated according to the manufacturer’s specifications.

(j) Urine Diverting Toilets. (1) Plumbing and components of diversion will meet current applicable California Plumbing Code standards. (2) Discharge of diverted urine will be contained in an approved tank or discharge to an approved OWTS. (3) A maintenance plan will address a pump out schedule, or planned onsite treatment and dispersal. (4) Onsite reuse of diverted urine shall be treated using one of the following methods: (A) Retention without addition for six (6) months before dispersal. (B) Treatment through the compost processor. (C) Other method approved by the Department. (k) Upon issuance of final construction approval for a waterless toilet system, the Department shall cause a notice to be recorded on the property title indicating that a waterless toilet system has been installed on the parcel and that an operational permit is required. The cost for staff time for recordation and recordation fees shall be borne by the owner and will be included in the construction permit fee. This notice is intended to alert subsequent property owners of the existence of the waterless toilet system. New owners shall contact the Department for assistance with the requirements of this chapter. (l) If the waterless toilet is no longer in use, the owner is required, after obtaining an approved permit(s) from the Department and Building Official, to remove or destroy the waterless toilet and install all required plumbing fixtures and piping, including connection to an approved OWTS, in accordance with applicable requirements. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) 615-5. Operational Permit and Reporting. The operational permit and reporting requirements outlined below shall demonstrate the safe operation of the waterless toilet system. (a) No person, firm, corporation or other entity shall use or cause or allow the use of any waterless toilet system within the unincorporated area of Humboldt County without first obtaining a valid operational permit for that system. This permit shall be applied for and issued on an application form provided by the Department. Use of a waterless toilet system without a valid permit is a violation of this chapter, and is subject to all the remedies authorized by law including, but not limited to, Chapter 2, Administrative Civil Penalties, of Division 5 of Title III. (b) Operational permits are nontransferable and may only be issued to the property owner of record. (c) The Board of Supervisors shall establish a fee or schedule of fees for operational permits to be collected by the Department.

(d) Upon payment of all fees and submission of an application which demonstrates to the Department’s satisfaction that the system will not have an adverse effect on ground or surface waters or upon public health, an operational permit may be issued. (1) Operational permits are valid for a period of three (3) years from the date of issuance unless revoked by the Department. (2) Operational permits may be renewed in accordance with the terms of the permit upon submittal of a complete application, payment of the required fee(s), and submittal of an operational report demonstrating continued proper maintenance and operation of the system as designed and constructed. (3) Operational permits will be renewed at the time of any property transfer or change of use. (4) Operation of a waterless toilet system prior to issuance of an operational permit, or without a currently valid operational permit, or after revocation of permit, shall be deemed a violation of the provisions of this chapter. (e) The owner of a parcel on which a waterless toilet system has been installed shall provide access during business hours to inspect the property to assure compliance with the provisions of this chapter. The owner shall make all components of the system, manuals, and any records, including test results, accessible during the inspection. (f) Operational Report. At the end of each three (3) year cycle, the property owner that obtains a permit to operate a waterless toilet shall provide the Department with a summary of his or her findings on the effectiveness of the system. This summary shall include, but not be limited to, the following: (1) Self-certification by the owner that the waterless toilet system remains in use and is operating safely in accordance with the Operations and Maintenance Manual and the requirements of this chapter. (2) Occupancy load of habitation served the waterless toilet system. (3) The result of any physical and biological testing conducted for the system. (4) Methods of disposal, or reuse of end product from the system, including a clear record of the quantity, location, and date of placement. (5) Any operational or maintenance problems which were encountered and the methods which were used to resolve the problems. (6) Planned activities for operation of the system during the ensuing three (3) year cycle. (7) Any other information requested by the Department. (g) The Health Officer is authorized to inspect the waterless toilet system for compliance with this section should the property owner fail to provide the required self-certification, laboratory testing or operational report. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019)

615-6. Revocation of Operational Permit. (a) Conditions for Revocation. If the Department determines that a permitted waterless toilet system may have an adverse effect upon water quality, public health, or the environment, then the permits granted pursuant to the provisions of this chapter may be revoked. Examples of conditions that may lead to permit revocation include but are not limited to any of the following: (1) The system causes an unsanitary condition. (2) There is improper use or disposal of the system end product. (3) The system is no longer being used or maintained by the person to whom the permit is issued or the property changes ownership. (4) The system is being operated in a manner resulting in ground water or surface water contamination. (5) The system is being operated in violation of conditions for approval of the operational permit. (b) An operational permit may be revoked by the Department after notice of the proposed action has been personally served or sent by first class and certified mail to the owner, and the owner has been given fifteen (15) days to request a hearing before a hearing officer to respond to the matter upon which the revocation is based, at a time and place specified by the Department. The notice of the hearing will be personally served or sent by first class and certified mail to the owner. (c) The hearing shall be heard by the Health Officer or his/her designee. Any determination of the Hearing Officer may be appealed to the Board of Supervisors within thirty (30) days of such determination by giving written notice to the Department. (d) Upon a determination by the Department that immediate action is required to prevent an adverse effect upon public health or upon surface or ground waters, the operational permit may be summarily revoked. Summary revocation shall be followed within seven (7) days by notice of the action mailed to the owner, setting a time and place for response within ten (10) days of the date of mailing. The notice of the hearing will be personally served or sent by first class and certified mail to owner. (e) A revoked permit may be reinstated if the Department determines that a plan has been established for adequate repair, alteration and/or maintenance of the system, and all costs of enforcement, including attorney fees, violation reinspection fees and any of the costs described in Section 615-7 have been paid. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) 615-7. Abatement. In any action, judicial or administrative, to enforce any provision of this Code relating to the provisions of this chapter, the County may recover all of its costs of enforcement, including, but not limited to, sewage treatment system repair, replacement and/or maintenance, and any administrative overhead, salaries, and expenses incurred by the following departments: Department of Health and Human Services, Planning and Building Department, County Counsel, Code Enforcement, District Attorney, and/or Public Works Department. Cost recovery shall be pursuant to all the remedies authorized by law including, but not limited to, Chapter 1, Public Nuisance Abatement Procedures, of Division 5 of Title III. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) 615-8. Operation and Maintenance Manual. Owners of waterless toilet systems shall be knowledgeable of best management practices in methods for pathogen reduction/elimination and composting processes to prevent potential adverse impact to public health or the environment. An approved Operation and Maintenance Manual shall be maintained and available for reference on the premises. The Operation and Maintenance Manual shall at a minimum contain all the following information: (a) Potential health risks from improper use or maintenance of the waterless toilet. (b) Schedule for addition of necessary compost additives. (c) Source or provider of necessary compost additives. (d) Schedule and instructions for all regular maintenance tasks. (e) Description for container transfer and cleaning where used. (f) Expected schedule for removing end product humus from composting processors. (g) Description for on-site disposal, reuse, or professional removal as required by Section 615-10. (h) Description for managing leachate as required by Section 615-4(f). (i) Description for microbial and physical testing as required by Section 615-9. (j) Specifications, information, and manufacturer’s manual if using a premanufactured waterless toilet. (k) Description for the storage, treatment and reuse or disposal of diverted urine, if using a urine-diverting toilet, as required by Section 615-4(j). (l) Other information as requested by the Department. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) 615-9. End Product Testing. Owners of waterless toilet systems shall verify adequate pathogen reduction through testing. The test samples shall be from the first treatment period of biologically active conditions after a minimum of one (1) year before removal of the humus end product from the composting processor. Testing must be completed by a certified laboratory. Where multistage composting is in use, the sample shall be collected from the secondary composting processor. (a) The sample shall be tested in accordance with EPA/625/R-92/013, Appendix F, Section 1.2. (b) Results from physical and biological testing are to be included in the operational report and self-certification provided to the Department, as required in Section 615-5(g). (c) Test results shall not have a moisture content exceeding seventy-five percent (75%) by weight and shall not exceed two hundred (200) fecal coliforms/gram. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) 615-10. End Product Reuse and Disposal. Waterless toilet systems have been shown to be capable of deactivating and/or killing pathogens through the internal processes. Due to external conditions or operational irregularities, the conditions in the system may not always be optimal for pathogen destruction. Improper handling and disposal of the end product could adversely impact public health by allowing transmission of a variety of enteric disease and parasitic illnesses. The end product of composting must therefore be transported and disposed or reused in a manner that does not create a public health nuisance and is in accordance with the requirements of the Operation and Maintenance Manual and the following requirements: (a) On-site disposal of the end product from a waterless toilet system shall be prohibited in the following areas: (1) Shallow subsurface disposal in present or planned food crop growing areas or dairy pasture. (2) Area subject to seasonal runoff or areas seasonally inundated by water. (3) Areas within 50 feet of ephemeral streams or 100 feet of perennial streams. (b) The following methods of end product disposal/reuse are acceptable: (1) Direct burial on site with a minimum of eighteen (18) inches of compacted soil with a five (5) foot separation to seasonal high ground water. (2) Disposal into an approved OWTS. (3) Transportation by a licensed septage hauler to an approved wastewater treatment facility capable of accepting human waste. (4) End product may be permitted to be used on site around ornamental shrubs, flowers, trees, or fruit trees and shall be mixed with soil or mulch and covered with no less than three inches of cover material. Depositing end product from a waterless toilet system around any edible vegetable or vegetation is prohibited.

(5) End product disposal shall be carried out by methods in subsection (b)(1), (b)(2), or (b)(3) of this section whenever an individual using a waterless toilet has a communicable disease which can be transmitted by human waste contamination of food or water. (c) All the above reuse methods except subsection (b)(3) of this section shall be limited to the site on which the humus is generated and processed. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) 615-11. Inspections. All waterless toilet systems shall be made available for inspection by the Department, upon request and with reasonable notice. (a) The cost of all inspections shall be paid by the holder of a waterless toilet operation permit. (b) An inspection by the Department may be required for the following: (1) The owner did not submit the operational report and/or self-certification as required in Section 615-5(g). (2) To investigate a nuisance complaint, communicable illness, or documented failure resulting from the operation of a waterless toilet system. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019) § 616-1. § 616-2. § 616-3. § 616-4. § 616-5.