Larkspur Municipal Code Ch. 6.12 Sewage Disposal

Sections: 6.12.010 Definitions.

6.12.020 Prohibitions. 6.12.030 Sewer Connection Permits. 6.12.040 Sewer Connection Fees. 6.12.050 Street Pavement Cut Permits and Repair Fees. 6.12.060 Sewer Connection Required. 6.12.070 Connection by City. 6.12.080 Illegal Connections and/or Delinquent Fees. 6.12.090 Connection without Permit. 6.12.100 Delinquent Fees. 6.12.110 Notice to Owner. 6.12.120 Inspections. 6.12.130 General Requirements for Septic Tanks. 6.12.140 Regulations for Existing Septic Tanks. 6.12.150 Occupancy Permits. 6.12.160 Application for Occupancy Permits for Vessels. 6.12.170 Issuance of Permit by Chief Building Official or Their Designee. 6.12.180 Permit Renewal. 6.12.190 Minimum Annual Sewer Service Charges. 6.12.200 Sewer Service Charge as Minimum. 6.12.210 Assignment of Sewer User Units. 6.12.220 Annual Service Charge. 6.12.230 Person Responsible for Payment. 6.12.240 Effective Date of Sewer Service. 6.12.250 Termination of Service. 6.12.260 Special Assessment. Exhibit A

“Assessor’s use code” means the number, coding and classification of property in use by the Marin County Assessor.

“Building” means any structure used for human habitation or a place of business, recreation or other purpose containing sanitary facilities, provided, however, each single-family unit, shall be deemed to be a building.

“Chemical toilet” means any toilet constructed, installed or placed for the purpose of depositing therein sewage which is disposed of, other than by discharge directly into a public sewer system.

“City sewer system” means all piping of any type owned and operated by the City of Larkspur in the collection and disposal of domestic sewage within the City and specifically excludes that portion of the system owned and operated by Sanitary District No. 1 and Sanitary District No. 2 of Marin County.

“Connection” means any physical connection between any type of piping not owned by the City of Larkspur to any other type of piping which is directly or indirectly connected to the City sewer system.

“Dwelling unit” means any residence portion of an apartment house, or other habitation occupied by a single person or single family and requiring sewage disposal services.

“Fixture” means any sink, tub, shower, water closet, or other facility of a like capacity connected by a drain to the sewer.

“Fixture unit” means a quantity in terms of which the load producing effect on the plumbing system of different kinds of plumbing fixtures are expressed on a chosen scale, namely Table 4-1 of the Uniform Plumbing Code.

“Garbage” means any or all of the following: garbage, refuse, cans, bottles, papers, vegetable matter, carcasses of dead animals, offal, trash, rubbish and radioactive waste material.

“Health Officer” means the Marin County Health Officer or their authorized representatives.

“Moor” means the fixing of a vessel in one location, temporarily or permanently, by mooring, anchoring, grounding or any other means.

“Owner” means the person holding fee title to any premises as shown by the official records of the County Recorder of the County of Marin.

“Person” means any person, firm, company, corporation, partnership, association, any public corporation, governmental agency or department thereof.

“Premises” means any lot, piece, or parcel of real property improved or unimproved within the area served by the City sewer system.

“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 or excrement, offal or any feculent matter.

“Sewer user unit” means any dwelling unit or any building, commercial establishment industry, or other improvement which discharges a sewage flow equivalent to one dwelling unit.

“Transient vessel” means any vessel temporarily moored in the City of Larkspur which is occupied for a period of less than four (4) consecutive days or ten (10) days in any calendar month.

“Vessel” means any watercraft of any type or size, including but not limited to barges, ferryboats, arks, yachts, houseboats and rafts.

“Waterway” means any water, waterway, lake, river, creek, canal, lagoon, bay, inlet, slough, tributary, or arm of the sea situated within the City of Larkspur. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(5), 2018; Ord. 709 § 1, 1984; Ord. 594 § 1, 1978; Ord. 530 § 1, 1975; Ord. 319 § 1, 1965)

It is unlawful for any person to do any of the following:

A. Construct, rebuild, use, occupy, or maintain any residence, place of business, vessel, or other building or place where persons reside, congregate or are employed, which is not provided with means for the disposal of sewage by connection to a public sewer system as specified in Larkspur Municipal Code Section 6.12.060.

B. Construct, enlarge, alter, repair, improve, or replace a septic tank, seepage pit, cesspool, drainage field, leaching system, or any other type of individual sewage disposal system or any part thereof without first securing a permit from the City Building Department.

C. Install or place a chemical toilet in or upon any property for any purpose other than for temporary use in connection with the construction of a building or other structure during the period of such construction.

D. Discharge sewage into a waterway.

E. Dump or throw garbage into a waterway.

F. Occupy, or cause, or permit another person to occupy any moored vessel as living quarters, other than a transient vessel, without first securing an occupancy permit from the City Building Department.

G. Furnish or supply electrical service, natural gas, or fresh water to any vessel other than transient vessels for which an occupancy permit has not been secured.

H. Connect any stormwater drain or swimming pool drain to any pipe which is directly or indirectly connected to the City sewer system.

I. Deposit or place into the sewerage system any ashes, sand, rags, wood or unduly large quantities of paper. (Ord. 1030 § 2(5), 2018; Ord. 709 § 2, 1984; Ord. 328 § 1, 1966; Ord. 319 § 2, 1965)

Application for a sewer connection permit shall be made to the Chief Building Official or their designee, who shall, if the proposed connection is to be made in accordance with the plumbing code of the City, and upon receipt of the required fees established by resolution, issue such permit. (Ord. 1094 § 5, 2026; Ord. 1030 § 2(5), 2018; Ord. 853 § 2 (part), 1993; Ord. 319 § 4, 1965)

Sewer connection fees, as established by resolution, are required for the privilege of connection to and using the City sewer system. (Ord. 1030 § 2(5), 2018; Ord. 853 § 2 (part), 1993; Ord. 594 § 2, 1978; Ord. 530 § 2, 1975; Ord. 405 § 1, 1971; Ord. 319 § 5, 1965)

Whenever it is necessary to cut, remove or in any way damage the pavement of a City street in connection with the installation, inspection or construction of a sewer connection or any other facility, a permit shall first be secured from the Chief Building Official and a fee, established by resolution, shall be paid. Notwithstanding any other provision of this chapter, the provisions and requirements of this section shall apply to all areas of the City, whether or not within the service area of the City sewer system. (Ord. 1069 § 5, 2023; Ord. 1030 § 2(5), 2018; Ord. 853 § 2 (part), 1993; Ord. 498 § 3, 1974; Ord. 405 § 1, 1971; Ord. 319 § 6, 1965)

Every building or vessel where persons reside, congregate or are employed shall be connected to an approved public sanitary sewer. The connection shall be the responsibility of the owner of the premises and shall be in accordance with the City Plumbing Code. (Ord. 1030 § 2(5), 2018; Ord. 709 § 4, 1984; Ord. 319 § 7, 1965)

At the discretion of the Chief Building Official or their designee or the City Engineer any connection may be made by City forces should it be deemed to be in the best interest of the City. In such cases the owner or person desiring such connection shall pay to the City, in addition to the fees established under Larkspur Municipal Code Section 6.12.040, the full cost incurred by the City in making such connection. (Ord. 1094 § 5, 2026; Ord. 1030 § 2(5), 2018; Ord. 319 § 8, 1965)

Whenever any connection is made without securing the required permit or if any fees required for making a connection are not paid, the City may pursue any and all of the remedies listed in Larkspur Municipal Code Sections 6.12.090 through 6.12.110. (Ord. 1030 § 2(5), 2018; Ord. 319 § 9 (part), 1965)

Connection made to the City sewer system without securing of the required permit or which is made without the required inspection is hereby declared to be a public nuisance, and the City Manager shall have the right to have such connection disconnected from the City system after giving notice as specified in Larkspur Municipal Code Section 6.12.110. In the event of such a disconnection, the City shall take the necessary legal steps to vacate such premises and prohibit occupancy until such premises are reconnected to the City sewer system. All legal costs involved in such action and any expense incurred by City in making the disconnection shall be paid by the owner before any request for a reconnection may be considered. (Ord. 1030 § 2(5), 2018; Ord. 319 § 9.1, 1965)

Whenever a sewer connection is made and the fees therefor have not been paid, the City may initiate legal proceedings against the owner to collect such fees including interest on the sum at the rate of prime plus two (2) percent from the date of connection, plus any costs incurred by the City in connection with such legal proceedings. (Ord. 1030 § 2(5), 2018; Ord. 853 § 2 (part), 1993; Ord. 319 § 9.2, 1965)

Before taking action under Larkspur Municipal Code Section 6.12.090 or 6.12.100, the City shall first notify the owner of the premises and the occupant thereof, if any, in writing specifying the violation, demanding immediate compliance, and specifying the proposed future action of the City. If no action is taken by such owner or occupant within ten (10) days from and after the mailing of the notice, the City may pursue at its discretion the remedies set forth above in Larkspur Municipal Code Sections 6.12.080 through 6.12.110. (Ord. 1030 § 2(5), 2018; Ord. 319 § 9.3, 1965)

All sewer connections shall be inspected and approved before being covered or concealed. Such approval shall be made by the Chief Building Official or their designee or any other authorized agent of the City. (Ord. 1094 § 5, 2026; Ord. 1030 § 2(5), 2018; Ord. 319 § 10, 1965)

When a public sewer is not available under the provisions of Larkspur Municipal Code Section 6.12.060, application may be made to the Chief Building Official or their designee for connection to a private septic tank. The application shall be accompanied by three (3) sets of construction plans and specifications complying with septic tank standards set forth in ordinances of the County of Marin. Such plans and specifications shall be forwarded to the Marin County Health Officer for report and recommendation. Such report and recommendation shall be submitted to the City Council for final approval before a septic tank permit can be issued. Septic tanks shall be constructed in accordance with the approved plans and specifications and shall be subject to inspection by the Marin County Health Officer and the Chief Building Official or their designee before a final occupancy permit is issued. Application for septic tank shall be subject to a fee established by resolution. (Ord. 1094 § 5, 2026; Ord. 1030 § 2(5), 2018; Ord. 853 § 2 (part), 1993; Ord. 319 § 11 (part), 1965)

All existing septic tanks shall be maintained in a safe and satisfactory operating condition in accordance with the ordinances of the City, and the septic tank standards of the County of Marin. Upon being advised by the Marin County Health Department that any septic tank within the City has become overloaded or that proposed enlargement of the building served will result in overloading the septic tank, the City may require abandonment, alteration or repair of the septic tank to correct such condition. (Ord. 1030 § 2(5), 2018; Ord. 319 § 11.1, 1965)

All applications for occupancy permits shall be in writing on a form supplied by the Chief Building Official accompanied by a fee established by resolution. (Ord. 1069 § 5, 2023; Ord. 1030 § 2(5), 2018; Ord. 853 § 2 (part), 1993; Ord. 319 § 12 (part), 1965)

Applications shall contain the following information:

A. The size, type and location of the vessel for which the permit is sought.

B. The number of people to be accommodated on board.

C. Provision for disposal of sewage by connection to an approved shoreside sewage disposal system.

D. Provision for connection of shoreside utilities.

E. Moored vessels shall meet all the requirements of the zoning district wherein they are moored. Should a vessel be moored in an unclassified zone, First Residential (R-1) zoning standards shall apply.

F. Such other information as the Chief Building Official or their designee may deem necessary to effectuate the provisions of this chapter. (Ord. 1094 § 5, 2026; Ord. 1030 § 2(5), 2018; Ord. 709 § 5, 1984; Ord. 319 § 12.1, 1965)

If the Chief Building Official or their designee, after investigation, determines that the issuance of an occupancy permit will not create a hazard to the health, welfare or safety of the occupants thereof or the community in general, they shall issue the permit. (Ord. 1094 § 5, 2026; Ord. 1062 § 14, 2022; Ord. 1030 § 2(5), 2018; Ord. 319 § 13 (part), 1965)

All permits issued hereunder shall be effective for a period of one year; provided, however, that any material change in the conditions shown upon the application or any change in ownership or location of the vessel shall revoke the permit. Permits may be renewed by resubmission of an appropriate application and payment of a fee established by resolution. (Ord. 1030 § 2(5), 2018; Ord. 853 § 2 (part), 1993; Ord. 319 § 13.1, 1965)

There shall be a minimum annual sewer service charge for every connection to the City sewer system. For each premises connected or required by the City to be connected to the sewer system, the annual minimum sewer service charge shall be established by resolution of the City Council adopted and amended from time to time. (Ord. 1030 § 2(5), 2018; Ord. 594 § 3, 1978)

As used herein, the annual minimum sewer service charge shall be construed to mean the minimum amount chargeable for said sewer service; however, for any of the classifications listed herein, the annual sewer charge may be more than that adopted by the City Council when it is determined by the City Manager that it is uneconomical for the City to supply sewer services to the user for the minimum sewer service charge. (Ord. 1030 § 2(5), 2018; Ord. 594 § 4, 1978)

A. One Unit Minimum. All premises connected to the City sewer system shall be assigned a minimum of one sewer use unit.

B. Dwelling Unit. One sewer user unit shall be assigned to each dwelling unit, including those contained in single- family buildings, multiple-dwelling buildings and each dwelling unit contained in a commercial, industrial, or other improved premises.

C. Nonresidential Premises. For premises other than those provided under subsection (B) of this section, Dwelling Unit, sewer user units shall be assigned as determined by the City Manager, based on the amount and strength of the sewage discharge from the premises. The winter water use for each nonresidential user shall be divided by one thousand (1,000) cubic feet, which is deemed to be the average monthly winter seasonal residential use for the base year, to determine the sewer user units to be assigned. Sewer user units as calculated above shall be rounded to the nearest integer (not less than one).

D. Base Year Water Consumption. Sewer user unit assignments are based on the latest winter season water consumption records available at the time of the first adoption of the ordinance codified in Larkspur Municipal Code Sections 6.12.010, 6.12.040, and 6.12.190 through 6.12.260, and may be revised from time to time. Water consumption by nonresidential users shall be adjusted upon request of the user, according to the decision of the City Manager if a significant portion of the base year water consumption was used for irrigation flows and other flows not discharging to the sewer system.

E. High Strength Sewage. For certain nonresidential premises which discharge sewage, having significantly greater strength characteristics as measured by concentration of solids or biological oxygen demand than residential sewage, the total sewer user unit assignment shall be determined by multiplying the units determined in subsection (C) of this section by the strength factor shown as follows:

User Strength Factor

Market with garbage disposals 2.34

Mortuaries 2.34

Restaurants 2.34

Bakeries 2.34

For other users, if any, discharging high strength sewage, the strength factor shall be based on the Revenue Program Guidelines for Waste Water Agencies prepared by the State Water Resources Control Board, designated as Exhibit A, found at the end of this chapter.

F. Inquiry Regarding Assignment of Sewer User Units and Strength Factors. Inquiries regarding the assignment of sewer user units and strength factors must be submitted to the City in writing before changes in unit assignment will be made. The City Manager shall have the authority to make appropriate adjustments in sewer user units and strength factors assigned based on the Revenue Program Guidelines for Waste Water Agencies prepared by the State Water Resources Control Board. Decisions of the City Manager may be appealed to the City Council, in writing, within fifteen (15) days of notice to the user. (Ord. 1030 § 2(5), 2018; Ord. 724 § 1, 1985; Ord. 594 § 5, 1978)

For the fiscal year beginning July 1, 1978, and ending June 30, 1979, the sewer user service charge shall be sixty- two dollars ($62.00) per year per sewer user unit plus two dollars ($2.00) per premises receiving sewer service. (Ord. 1030 § 2(5), 2018; Ord. 594 § 6, 1978)

The owner of record of each premises connected to the City sewer system shall be the person responsible for payment of all sewer service charges. (Ord. 1030 § 2(5), 2018; Ord. 594 § 7, 1978)

Sewer service charges shall become effective against all premises immediately upon connection to the City sewer system. (Ord. 1030 § 2(5), 2018; Ord. 594 § 8, 1978)

If any premises becomes vacant, the applicable minimum yearly service charge shall continue to be charged to and collected from the owner of said premises until the City Manager receives a written statement or request from such owner to disconnect such premises from the City sewer system. (Ord. 1030 § 2(5), 2018; Ord. 594 § 9, 1978)

The annual charge for sewer user services shall become a special assessment and lien against the real property, which assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such sewer service user charges, as authorized by Health and Safety Code Part 3, Chapter 6, Article 4, Section 5470 et seq. (Ord. 1030 § 2(5), 2018; Ord. 594 § 10, 1978)

Exhibit A

ORDINANCE NO. 594 ORDINANCE NO. 724 (amended)

City of Larkspur

SEWER USER STRENGTH FACTORS

Assumed Loadings For Average
Parameter Allocations1 Residential Unit2

Flow 55.2% Flow 250 gallons/day

Assumed Loadings For Average
Parameter Allocations1 Residential Unit2

BOD 22.4% BOD 200 mg/1

SS 22.4% SS 200 mg/1

Strength Factor = Daily Flow [.552 + BOD concentration3 (.224) + SS concentration3 (.224)]

Unit Assignment2 250 200 200

Assumed Loadings

User Group Flow gallons/day BOD mg/1 SS mg/1 Strength Factor for
250 gallons/day

Average 250 200 200 1.00
residential unit

Restaurants 4 1,000 600 2.34 –

Mortuaries 4 800 800 2.34 –

Markets with 4 800 800 2.34 –
disposals

Bakeries 4 800 800 2.34 –

Other 4 200 200 1.00 –
commercial &
service

1 These parameters allocate both capital and operating costs of the facilities among flow, biochemical oxygen demand (BOD) and suspended solids (SS).

2 Formula is designed to provide a multiplier for high strength flows.

3 Minimum concentration for any user assumed to be 200 mg/1 BOD and 200 mg/1 suspended solids.

4 Based on actual water consumption records.