Kern County Municipal Code Ch. 14.20 Private Sewerage Disposal and Drainage Systems

For the purpose of this chapter certain words and phrases are defined and certain provisions shall be construed as set out in the 1955 Uniform Plumbing Code unless it is apparent from their context that they have a different meaning, with the exception of the following:

1. "Chemical toilet" means a toilet provided with a watertight and nonabsorbent container for the reception of human waste matter and which contains or is designed to contain a chemical intended to sterilize human waste.

2. "Health department" means the health department of Kern County, and includes the health officer of Kern County and any duly authorized deputy or representative of said department.

3. "Person" also includes any firm, corporation or governmental agency of any kind or nature.

4. "Privy" means a structure used as a toilet under a part or all of which is a vault or pit intended for the reception of human waste matter.

5. "Surface body of water" includes but is not limited to rivers, streams, creeks, canals and lakes.

6. "Waste" includes sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature.

7. "Waste disposal system" also includes any sanitary facility or treatment device of any kind designed or used for the disposal of waste.

(Prior code §§ 3400, 3402.2)

It is unlawful for any person to occupy any building as a dwelling if such building does not contain or is provided with or has available therefor by virtue of occupancy thereof, a working sanitary facility consisting of a chemical toilet, privy or drainage and private sewage disposal systems as hereinbefore defined and subject to the regulations and provisions hereof concerning and governing such facilities. It is also unlawful for any person, firm or corporation that owns, controls, leases or is in possession of any sanitary facilities aforementioned to permit or suffer a violation of the foregoing or to let, lend or demise said premises or otherwise permit, suffer or allow any occupancy of such premises.

(Prior code § 3407)

A. After the effective date of the ordinance from which this chapter derives, it shall be unlawful to construct in or move into the unincorporated urban areas, as such areas are established and described in Title 19 of this code, any privy, where running water under pressure is available within a distance of three hundred (300) feet. When any privy now existing in one of said urban areas of the county where running water is available as above prescribed, becomes insanitary by reason of improper repairs or care or in any way fails to comply with the provisions of this chapter, it shall be replaced with a water closet. The privy building shall be demolished or removed from the urban area and the pit shall be disinfected and filled with dry earth in such a manner that will prevent the escaping of obnoxious odors and prevent insects, animals or persons from coming in contact therewith. It is provided, however, that the health department may issue temporary permits for the construction or placing of privies within said urban areas for temporary use by construction workers or under such other circumstances where, in the sound judgment of the health officer, it is deemed to be for the best interest of public health and sanitation to issue such temporary permits. In issuing such temporary permits the health officer may prescribe such conditions with regard to the construction and removal of said privies as in his judgment will be in the best interest of public health and sanitation.

B. Every privy in the unincorporated area, where permitted, whether existing or hereafter constructed, shall be of durable materials and all cracks or ventilating openings in the structure shall be effectively battened or covered with wire screening not larger than sixteen (16) mesh. Every such structure shall be provided with a full-size door and the door shall be equipped with a spring or similar device or so hung that it will close tight of its own accord when not in use. Hinged covers shall be placed and maintained over all seat holes and will close tight of their own accord when not in use.

C. All privies shall be placed over a pit of not less than forty (40) inches in depth and such privies shall be located and maintained over such pits in a manner that will prevent the ingress and egress of flies. All such pits shall be provided with ventilator openings directly into the pit and such openings shall be effectively screened with wire screening as hereinbefore provided. When the excreta in any privy comes within one (1) foot of the surface, (1) the pit shall be disinfected and filled with dry earth in such a manner that will prevent the escaping of obnoxious odors and prevent insects, animals and persons from coming in contact therewith; and (2) the privy structure shall be relocated in a manner that complies with all the provisions of this chapter, or replaced with a water closet if within the urban areas as hereinabove provided.

D. Any privy hereafter constructed or moved shall be set as far from any human habitation or any place where food for human consumption is located as can reasonably be done, having due regard to the size and dimensions of the property upon which the privy is to be installed, but in no event less than twenty-five (25) feet from such human habitation or place where food or drink for human consumption is located.

E. Any privy existing at the effective date of the ordinance from which this chapter derives shall be reconstructed to comply with subsections (B) and (C) of this section within thirty (30) days after notice from the health department.

(Prior code § 3402)

Every chemical toilet hereafter installed shall be provided and maintained with a watertight nonabsorbent container for the reception of human waste matter, said container to contain a sterilizing chemical of sufficient quantity and strength to completely sterilize all human waste after contact therewith for a period of one (1) hour. Every chemical toilet shall be equipped with a mechanical agitator and where the top of the chemical arises to within two (2) feet of the seat, there shall be provided an anti-splash under the seat. When the contents of any container is removed therefrom, it shall be disposed of by burying or in such other manner as will meet the approval of the county health department.

(Prior code § 3403)

A. All house sewers shall be connected to a sewer system or a private sewage disposal system, and no sewage or sewage effluent shall be allowed to run upon the surface of the ground, nor into open pits, or in any other manner where it may cause odors or be accessible to insects, animals or persons.

B. Private sewage disposal systems shall be constructed underground so as to comply with the Uniform Plumbing Code and county ordinances. They shall be maintained and operated at all times of sufficient and proper dimensions and capacity to receive and dispose of the entire flow of sewage from the drainage system in a sanitary manner. They shall at all times be covered in a manner sufficient to prevent (a) the entrance or seepage of surface waters into the system, (b) the release of offensive odors to the outer air, and (c) the contact therewith of insects, animals or persons. Private sewage disposal systems, further, shall be maintained and operated at all times after construction according to all the provisions and standards of this section. The health department may make uniform rules, regulations and requirements pursuant to authority granted under this section, other than county ordinances or state law.

C. Whenever any private sewage disposal or drainage system ceases to function or becomes insanitary or odoriferous due to inadequate capacity, breakage, clogging or overflow conditions caused by nonabsorbent texture of the ground or for any other reasons, it shall be either completely reconditioned in a manner that will comply with the provisions of the Uniform Plumbing Code, or shall be abandoned as provided by law, and other means of disposal which comply with the provisions of the Uniform Plumbing Code shall be provided. Private sewage disposal or drainage systems, or parts thereof, undergoing repairs or reconditioning shall not be kept open longer than is reasonably necessary to complete such repairs and shall, upon completion of repairs, be immediately closed, as hereinbefore provided in this chapter.

(Prior code § 3404)

A. It is unlawful for any person to construct or install after February 7, 1961 any waste disposal system which is designed to or which does discharge any waste or content, whether treated or not into any surface body of water, or discharge the same in such near proximity thereto that the same might reasonably be expected to enter such waters by seepage, percolation, drainage or otherwise, and in no event within one hundred (100) feet of the high water mark of such body of water. This prohibition notwithstanding, such discharge from waste disposal systems may be allowed, in the discretion of the county health officer, where the quality of such discharge is adequately specified and controlled by the United States Environmental Protection Agency, the California Regional Water Quality Control Board, or other federal, state, regional, or county agency which is charged with the administration and enforcement of such matters.

B. For private sewage disposal systems installed prior to February 7, 1961 and subsequently reconstructed, separation distances of different components of the private sewage disposal system from streams as given in the Uniform Plumbing Code, as adopted by the county of Kern, apply. In new installations, the separation distances of building sewers and septic tanks from streams are as given in the Uniform Plumbing Code, as adopted by the county of Kern.

(Prior code § 3404.1)

Every room in which a water closet is hereafter installed shall be provided with ventilation directly to the exterior either by a permanent opening in the walls of such room or a ventilating skylight in the ceiling thereof, or, if there is no ceiling, in the roof thereof, such permanent opening in the walls or ventilating skylight in the ceiling or roof to have an effective ventilating area permanently open of at least three (3) square feet; or, such water closet room may be ventilated by a window measuring not less than six (6) square feet in area and arranged so that at least one-half (½) of its area may be opened unobstructed; or, in lieu of being ventilated as hereinbefore provided, such water closet room may be ventilated by an approved fan exhaust system of ventilation designed and operated to provide a complete change of air in the room in not to exceed five (5) minutes.

(Prior code § 3405)

Every privy, chemical toilet, private sewage disposal or drainage system constructed or installed shall at all times be maintained and operated in a sanitary condition and state of good repair.

(Prior code § 3406)

Anything in this chapter to the contrary notwithstanding, the county health officer may grant an exemption where in his opinion the application of this chapter or any of the provisions thereof would be impracticable or unnecessary in the protection of public health and sanitation. Such exemptions will ordinarily be granted for limited periods of time, except in the case of subsurface discharge of septic tank effluent in the vicinity of nonperennial streams, where the county health officer, in his discretion, may grant exemptions for unlimited periods of time.

(Prior code § 3410)

It is the duty of the health department to enforce all the provisions of this chapter relative to maintenance and operation of sewerage disposal, including but not limited to septic tanks, cesspools, subsurface drainage systems and privies or other matters regulated or provided in this chapter not expressly delegated to some other department or agency.

(Prior code § 3401)

A. Violations. No person, firm or corporation that is purchasing or that owns, controls, leases, lets, hires or occupies any lands, premises or habitations in the unincorporated area of Kern County shall construct, reconstruct, place or suffer or permit to exist thereon any installation referred to in this chapter in violation of any of the provisions hereof or to perform any act or suffer or permit any act to be performed in violation of any of the provisions hereof.

B. Penalty. Any person, firm or corporation who does any act declared unlawful in this chapter or who violates or contributes in any way to the violation of any of the provisions of this chapter shall be deemed guilty of an infraction. Every violation of any of the provisions of this chapter shall be construed as a separate offense for each day during which such violation continues.

(Prior code §§ 3408, 3409)