Chapter 13.54 — GENERAL PROVISIONS
Madera County Municipal Code · 2026-09 edition · updated 2026-10-02 · Madera County
Editor's note— Ord. No. 279E, § 1, adopted January 24, 2017, amended Chapter 13.54, in its entirety to read as herein set out. Former Chapter 13.54, §§ 13.54.010—13.54.100, pertained to similar material, and derived from Ord. No. 279, 1963; Ord. No. 363, 1972; Ord. No. 380, 1973; Ord. No. 385, 1974 and Ord. No. 363A, 1982.
13.54.010 - Short title.¶
This chapter shall be known as and may be cited as the "On-site Wastewater Treatment System (OWTS) Ordinance."
(Ord. No. 279E, § 1, 1-24-17).
13.54.020 - Purpose.¶
The purpose of this chapter is to regulate on-site wastewater treatment systems (OWTS) as defined herein. It is the intent of the board of supervisors, in adopting this chapter, to ensure that OWTS are constructed, modified, repaired, abandoned, maintained, inspected, and serviced in a manner that prevents environmental degradation and protects the health, safety, and general welfare of the people of Madera County. This chapter is intended to achieve the same policy purpose as the California State On-site Wastewater Treatment System Policy, adopted June 19, 2012 by the State Water Board and as it may be amended from time to time, which is to protect water quality and public health
Standards for the siting and design of OWTS shall be as set forth in the County of Madera's Local Agency Management Program (LAMP) for On-site Wastewater Treatment Systems. The division is authorized to make minor, technical clarifications to any regulations adopted pursuant to this section. The director shall maintain an official copy of the LAMP on the division's website.
(Ord. No. 279E, § 1, 1-24-17).
13.54.030 - Definitions.¶
For the purposes of this chapter terms used herein are defined as follows:
"Alternative wastewater treatment system" means an onsite wastewater dispersal field that consists of components other than a conventional or supplemental treatment system.
"Cesspool" means an excavation into the earth without watertight walls or bottom and used for reception of human waste in its raw state.
"Community sewage system" means any sewage dispersal system operated and maintained by any municipality, district, public or private corporation serving a community or part thereof.
"Construction" means construction, repair, alteration, addition, modification or relocation of a sewage dispersal system.
"Conventional onsite wastewater treatment system" means an onsite wastewater treatment system composed of a septic tank and a dispersal field that uses leach lines, seepage pits, or other authorized methods approved by this division and does not include alternative onsite wastewater treatment systems.
"Director" means community and economic development department, deputy director of environmental health division within the County of Madera.
"Dispersal field" means a location used for discharge of liquid sewage effluent. Standard dispersal fields include, but are not limited to, leach lines and seepage pits.
"Division" means community and economic development department, environmental health division within the County of Madera.
"Effluent" means the partially treated wastewater discharge from an OWTS.
"Expansion area" means the amount of dedicated space equal in size to an existing or proposed OWTS that is capable of supporting an OWTS and will replace the primary OWTS when necessary.
"Lot" means a portion of land separated from other portions by description as on a subdivision map, record of survey map, or by metes and bounds, or the purpose of sale, lease, or separate use, and having frontage on an approved street.
"LAMP" means the county's "local area management program" used for implementation of the Tier 2 standards in the State Water Resources Control Board's Policy for Siting, Design, Operation and Management of On-site Wastewater Treatment Systems.
"Leach line" means a subsurface soil absorption wastewater dispersal system installed in a trench usually consisting of a perforated distribution pipe placed over gravel or other media and backfilled with native material.
"On-site wastewater treatment systems" (OWTS) means a system composed of a septic tank and a dispersal field and related equipment and appurtenances. On-site wastewater treatment systems are also referred to as septic systems, on-site sewage dispersal systems, individual sewage dispersal systems or private sewage dispersal systems and may include alternative and supplemental treatment systems.
"Permit" means a permit issued by the division for any purpose pertaining to OWTS.
"Registered pumper" is a firm or person that pumps and/or hauls septage or wastewater from septic tanks or chemical toilets and has been issued a permit by the division.
"Repair" means any action that modifies/replaces the existing dispersal system or replaces an existing septic tank.
"Seepage pit" means an excavation, typically cylindrical in shape and filled with rock, constructed for the purpose of disposing of sewage effluent from a septic tank or treatment tank.
"Septic tank" means a water tight receptacle which receives the discharge of a drainage system or a part thereof, which is designed and constructed to retain solids, digest organic matter through a period of retention and bacterial action and allows the liquids to discharge into the soil.
"Sewage" means any and all waste substance, liquid, semisolid or solid as associated with human habitation or which contains or may be contaminated with human or animal excrement, wastes, offal or any feculent matter. Industrial wastewater shall not be considered as sewage.
"Supplemental treatment system" means an OWTS that utilizes engineered designs and/or technology to treat effluent to reduce one or more constituents of concern in wastewater. It may also be referred to as an advanced treatment system or enhanced treatment system. Examples include, but are not limited to, sand filters, textile filters and aerobic treatment units but do not include composting or incinerating toilets.
(Ord. No. 279E, § 1, 1-24-17).
13.54.040 - Administrative authority.¶
The authority to administer and enforce this chapter and any related regulations shall be held by the director and/or his/her designee.
(Ord. No. 279E, § 1, 1-24-17).
13.54.050 - Inspection.¶
Any county officer or employee authorized and directed to enforce the provisions of this chapter shall have the right to enter into or upon private property for the purpose of inspecting and examining any and all facilities to which the provisions of this chapter apply, as provided in Chapter 1.08.
(Ord. No. 279E, § 1, 1-24-17).
13.54.060 - Individual sites.¶
A division of land, the creation of which results in any lot less than one acre in size shall not permit the installation of an OWTS, but shall require a community sewage system, except that an OWTS may be installed with the approval of the director.
(Ord. No. 279E, § 1, 1-24-17).
13.54.070 - Use of community sewer systems.¶
Every building or other structure in which plumbing fixtures having sewage drainage piping are installed must have a connection to a public sewer. Where there is no available public sewer within two hundred feet of the building, the property owner may elect to construct an on-site wastewater treatment system meeting the requirements of this chapter.
(Ord. No. 279E, § 1, 1-24-17).
13.54.080 - Reserve area.¶
No permit to install a new OWTS shall be approved unless the application designates a reserve area on the property to allow for the replacement of the entire on-site wastewater treatment system if the proposed system fails. The reserve area shall be equal to one hundred percent of the area required for the system the applicant proposes to install.
(Ord. No. 279E, § 1, 1-24-17).
13.54.090 - Abandonment.¶
When a property owner has disconnected a septic tank, holding tank, seepage pit or dispersal field from an on-site wastewater treatment system or has disconnected using the entire system, the disconnected components and/or system shall be deemed abandoned. In that case the property owner shall obtain a destruction permit through the division within thirty days from the date the system or system components are deemed abandoned.
(Ord. No. 279E, § 1, 1-24-17).
13.54.100 - Private sewage dispersal system.¶
A.
In areas where private sewage disposal systems are allowed, conventional, alternative design or supplemental on-site wastewater treatment systems may be used except in Yosemite Lakes Park, in which only aerobic systems may be used.
B.
Alternative and supplemental on-site wastewater treatment system designs shall be required where conditions of soil, hydrology, topography or space make the installation of a conventional on-site wastewater treatment system or aerobic treatment system infeasible. Alternative and supplemental on-site wastewater treatment system designs shall be prepared by a qualified professional and shall be acceptable to the division.
(Ord. No. 279E, § 1, 1-24-17).
13.54.101 - Minimum septic tank capacity.¶
The minimum liquid capacity of septic tanks shall conform to the following tables. (These tables supersede Table H-2.1 of the California Plumbing Code.)
Table H-2.1 (Amended) Capacity of Septic Tanks
Single Multiple Dwelling Other Uses Minimum Septic Tank Family Units or Apartments Capacity in: Dwellings
| Number of Bedrooms 1 | Units (one Bedroom each 1, 2 | Maximum Fixture Units Served per Table 702.1 3 | Gallons | (liters) |
|---|---|---|---|---|
| 1 to 4 | 1 to 3 | 33 | 1,500 | (5,678) |
| 4 | 45 | 2,000 | (7,570) | |
| 5 | 55 | 2,250 | (8,516) | |
| 6 | 60 | 2,500 | (9,463) | |
| 7 | 70 | 2,750 | (10,409) | |
| 8 | 80 | 3,000 | (11,355) | |
| 9 | 90 | 3,250 | (12,301) | |
| 10 | 100 | 3,500 | (13,248) |
1 Extra bedroom, one hundred fifty gallons (five hundred fifty-eight liters) each.
2 Extra dwelling units over ten, two hundred fifty gallons (nine hundred forty-six liters) each.
3 Extra fixture units over one hundred, twenty-five gallons (ninety-five liters) per fixture unit.
(Ord. No. 279E, § 1, 1-24-17).
13.54.102 - OWTS minimum horizontal separation distances.¶
| Minimum Horizontal Distance in Clear Required From: | Septic Tank | Dispersal Field | Seepage Pit |
|---|---|---|---|
| Buildings or structures 1 | 5 ft. | 8 ft. | 8 ft. |
| Front property line 2 | 25 ft. | 25 ft. | 25 ft. |
| Side property line 2, 12 | 25 ft. | 25 ft. | 25 ft. |
| [10 ft.] | [10 ft.] | [10 ft.] | |
| (50 ft.) | (50 ft.) | (75 ft.) | |
| Back property line 2, 12 | 25 ft. | 25 ft. | 25 ft. |
| [20 ft.] | [20 ft.] | [20 ft.] | |
| (50 ft.) | (50 ft.) | (75 ft.) | |
| Domestic well not serving a water system | 100 ft. | 100 ft. | 150 ft. |
| Public or domestic well serving a water system | 150 ft. | 150 ft. | 150 ft. |
| Flowing stream 3 | 100 ft. | 100 ft. | 150 ft. |
| Drainage course of ephemeral stream 9 | 50 ft. | 50 ft. | 50 ft. |
| Unlined pond, lake or reservoir | 100 ft. | 200 ft. | 200 ft. |
| Storm water flood retention basin that retains water for 48 hours or less | 100 ft. | 100 ft. | 100 ft. |
| Large trees 8 | 10 ft. | 10 ft. | 10 ft. |
| Seepage pit | 5 ft. | 4,7 | 20 ft. 7 |
| Disposal field | - | 4,7 | 5 ft. |
| On site domestic water service line | 5 ft. | 5 ft. | 5 ft. |
| Distribution valve | - | 5 ft. | 5 ft. |
| Pressure public water main | 10 ft. | 10 ft. | 10 ft. |
| Downslope cut banks or major slope changes 5 | 10 ft. | 6 | 6 |
| Public water system surface water intake 10, 11 | See footnotes 10 and 11 below | See footnotes 10 and 11 below | See footnotes 10 and 11 below |
1 Including porches and steps, whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walks, covered driveways and similar structures or appurtenances. Also see Section 313, California Plumbing Code.
2 Distances apply unless otherwise allowed by administrative authority. Distances in brackets apply to lots with a community water system. Where any side of a lot which is on a community water system faces or abuts a lot or parcel on individual water, setback distances shall be computed for such facing or abutting sides as if on individual water wells.
3 Measured from the line which defines the limit of a ten-year frequency flood.
4 Determined by rock depth of disposal field.
5 Measured from top of bank or major slope change.
6 Four times the elevation difference between the finished grade of the disposal field and the elevation at the cut bank or major slope change.
7 Sidewall to sidewall.
8 Distances stated are a minimum as setbacks should be maintained from the dripline of the tree unless otherwise allowed by administrative authority.
9 Measured from the edge of the drainage course or stream.
10 Where the effluent dispersal system is within 1,200 feet from a public water systems' surface water intake point, within the catchment of a drainage, and located such that it may impact water quality at the intake point such as upstream of the intake point for flowing water bodies, the dispersal system shall be no less than 400 feet from the high water mark of the reservoir lake or flowing water body.
11 Where the effluent dispersal system is located more than 1,200 feet but less than 2,500 feet from a public water systems' surface water intake point, within the catchment of the drainage, and located such that it may impact water quality at the intake point such as upstream of the intake point for flowing water bodies, the dispersal system shall be no less than 200 feet from the high water mark of the reservoir, lake, or flowing water body.
12 Distances apply unless otherwise allowed by the director. Distances in curly brackets apply to lots neighboring an undeveloped lot. Setback distances shall be computed for such facing or abutting sides as if on individual water wells.
(Ord. No. 279E, § 1, 1-24-17).
13.54.110 - Area(s) required for OWTS installation, expansion and division of property and grading.¶
A.
An applicant for an OWTS shall install a system authorized by this Chapter that the director or his/her designees determine is adequate to accommodate the projected sewage flows from the building the system will serve and also complies with the expansion area.
B.
No part of an on-site wastewater treatment system shall be located on any lot other than the lot that is the site of the building or structure that will be served by the OWTS.
C.
A property owner with an OWTS who is required to obtain: (1) a building permit for a building addition or other remodeling of an existing building or to add another stand-alone building on property, or (2) the building official's approval for a change of use or occupancy of an existing building, shall also obtain the director's approval before a building permit or other approval shall be issued. If the addition, remodeling or change of use or occupancy will likely result in a greater amount of sewage or other waste to flow into an OWTS, the property owner shall obtain a permit from the division to expand the system to accommodate the additional waste that will exceed the capacity of the existing system.
D.
A property owner in subsection (c), as a requirement for the director's approval, shall also demonstrate as part of the permitting or approval process, that the property has an OWTS that meets the current requirements for that system and has adequate expansion area.
E.
A person applying to modify a use permit on property with an OWTS shall obtain the director or his/her designee's approval as part of the application process. No use permit modification shall be granted without the director or his/her designee's approval. If the use permit's modification will result in a greater amount of sewage or other waste to flow into an OWTS the applicant shall also be required to obtain a permit from the director to expand the system to accommodate the additional waste and shall demonstrate as part of the approval process that the property has an OWTS that meets the current requirements for that system. A person applying to modify a use permit shall also demonstrate that the property has an adequate expansion area whether or not the use permit's modification will result in the potential for a greater amount of sewage or other waste to flow into an on-site wastewater treatment system.
F.
A person applying to subdivide property or for a lot line adjustment shall demonstrate that there is an adequate area on each proposed lot for an OWTS that complies with the requirements of this chapter and there is adequate expansion area.
G.
An applicant for a grading permit to grade property where there is an existing or approved but not installed OWTS, shall obtain the director's approval as part of the grading approval process and shall demonstrate that the proposed grading will not interfere with the area where the OWTS has been installed or has been approved to be installed and with the area designated for expansion area.
H.
Minimum areas for dispersal fields and seepage pits shall be established by the LAMP based on soil types, local conditions, and/or applicable law.
(Ord. No. 279E, § 1, 1-24-17).
13.54.120 - Permit required.¶
A.
No person shall install, construct, reconstruct, repair, add to, modify or abandon an OWTS and/or its components without a permit issued by the environmental health division.
B.
In order to perform repairs or modifications to any existing system, the property owner or designee shall obtain a construction permit from the division. No permit is required by this code to perform minor maintenance work such as, by way of example only, replacing an existing pump with an equivalent new pump or the clearing of blockages. This provision shall not preclude the property owner from performing
any temporary or other emergency repair work necessary to protect against an imminent threat to the owner's or the public's health or safety, provided that the property owner immediately thereafter applies for any required permit within forty-eight hours.
C.
Safe Operation. All OWTS, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition at all times. The safe and sanitary construction, operation, use, repair or maintenance of such systems shall ensure that the system complies with the requirements of this chapter and any regulations.
D.
No county department shall issue a building permit for any site where the means of sewage disposal is an OWTS until the division has issued a construction permit for the system. Minor repairs or upgrades to a structure that do not increase the volume of wastewater are exempt from this section.
E.
No County department shall issue a certificate of occupancy for a structure where the means of sewage disposal is an OWTS until:
The division or regional water quality control board has approved the advanced, commercial, high-flow or high-strength OWTS; or
The division has issued a final construction approval tag for the OWTS.
(Ord. No. 279E, § 1, 1-24-17).
13.54.130 - Inadequacy of existing systems.¶
When an OWTS serving a property to which the public is admitted, either by license or by use, fails or is determined to be inadequate to prevent the deposit or seepage of wastes upon the ground surface, the person, or persons, firm, corporation or political subdivision controlling said property shall, upon written order from the director, close the business or operation until such time as the provisions of this chapter are complied with and the corrective action has received clearance from the director.
(Ord. No. 279E, § 1, 1-24-17).
13.54.140 - Inspection request.¶
Upon the completion of an OWTS by the permittee, he/she shall provide a minimum forty-eight-hour notice to the division requesting a final inspection prior to backfilling and/or using said OWTS.
(Ord. No. 279E, § 1, 1-24-17).
13.54.150 - Inspection and approval.¶
The division shall make such investigation and inspection after completion as may be necessary to determine that the plans and specifications approved in the permit and rules and regulations of this chapter have been complied with. No OWTS or its components shall be covered, sealed or put in use until an approval tag has been issued by the division.
(Ord. No. 279E, § 1, 1-24-17).
13.54.160 - Revocation of permits.¶
The director or his/her designee may revoke a permit issued under this chapter if the permit was issued in error or on the basis of incorrect, inaccurate or incomplete information or in violation of this chapter or any other law or regulation. The director or his/her designee may also revoke a permit when there is a change in circumstances or a change to the condition of the applicant's property since the date of the application, which if those circumstances or conditions have existed at the time the permit was issued, would have been grounds for denial of the permit.
(Ord. No. 279E, § 1, 1-24-17).
13.54.170 - Setback exception.¶
A.
The division may grant a setback exception to any particular requirement imposed by the regulations promulgated hereunder provided that the applicant demonstrates all of the following criteria:
Special circumstances and conditions exist on the property which deprive the property owner of privileges enjoyed by other property subject to this chapter;
The granting of the setback exception will not constitute a grant of special privileges inconsistent with any limitation on other property subject to the ordinance;
The granting of the setback exception will not be detrimental to other persons or property (including but not limited to watercourses or wetlands or the water quality of subsurface water) or to the public health, safety or welfare.
(Ord. No. 279E, § 1, 1-24-17).
13.54.200 - Servicing, inspections, and reporting.¶
A.
Sewage Pumper Permit(s) Required. Any person or firm engaged in the business of pumping septic tanks and/or its components, holding tanks, grease traps, or providing or cleaning chemical toilets must operate under permit from the division. Any non-permitted sewage pumping companies, vehicles, and/or non- certified drivers operating in Madera County may be subject to penalties, citations and/or other legal action.
B.
Septage Disposal. Each pumper who transports any septage shall deposit said waste to an approved wastewater treatment plant.
C.
Change of Address. Any permittee changing an address must notify the division in writing within ten days of such change.
D.
Reporting of Pumping Activity. The reporting frequency of the permittee's pumping activity shall occur annually during the scheduled annual inspection.
E.
Suspension or Revocation of Permit(s). Any permit issued may be suspended or revoked by the division for any violations pertaining to this chapter.
(Ord. No. 279E, § 1, 1-24-17).
13.54.210 - Temporary use of holding tanks.¶
The director may issue a permit authorizing a property owner to temporarily install a holding tank in lieu of an OWTS if: (a) public sewer is not yet made available, (b) an OWTS is not practical; and (c) the director determines that the property will be able to connect to a public sewer within six months of the permit application. The director may issue a permit for a holding tank for up to six months and may grant one extension for up to an additional six months if the director determines the property owner has been unable to connect with the sewer through no fault of the property owner.
(Ord. No. 279E, § 1, 1-24-17).
13.54.220 - Application procedure.¶
A person applying for a permit to install a sewage holding tank shall complete an application form provided by the director and submit with the application the tank specifications and a sketch showing the location and design features of the proposed installation. A maintenance contract from a permitted septic hauler will be required with the application for review and approval.
(Ord. No. 279E, § 1, 1-24-17).
13.54.230 - Sewage holding tank specification.¶
A.
A sewage holding tank for which an applicant requests a permit shall be constructed of watertight concrete, have an alarm and/or approved maintenance contract approved by the director and have a capacity of at least one thousand five hundred gallons. The director may require a tank to have a greater capacity than one thousand five hundred gallons depending on the projected use of the building for which the tank permit is requested.
B.
A person issued a sewage holding tank permit under this section shall empty the tank before it is filled to three-quarters of its capacity or in compliance with a schedule prescribed by the director.
(Ord. No. 279E, § 1, 1-24-17).
13.54.250 - Unlawful acts.¶
A.
It is unlawful to maintain or use any residence, place of business or other building intended for human occupancy which is not provided with a means for the disposal of sewage meeting the standards of this chapter, or of the rules and regulations relating to sewage disposal established by the director and the California Health and Safety Code.
B.
It is unlawful for any person to deposit or discharge any sewage, sewage effluent, or human wastes from any dwelling, house or building, or appurtenance thereof upon the land surface of the unincorporated territory of the county, or into any stream or body of water, water course, or lake bed existing within the county, unless said effluent meets the requirements of the California Water Quality Control Board.
C.
It shall be unlawful for a person to cause or allow sewage, human excrement or other liquid wastes to be disposed of in any place or manner except through and by means of an approved drainage system or an approved on-site wastewater treatment system, whichever is applicable, installed and maintained as provided in Chapter 14.20 and this code.
D.
It is unlawful for a property owner, tenant or other building occupant to knowingly operate or allow to be operated, a drainage system that allows sewage, human excrement or other liquid wastes to be disposed of so that the waste is not confined underground. This section applies to a drainage system that connects to a public sewer or an OWTS.
E.
An OWTS that allows sewage, human excrement or other liquid wastes to be disposed of so that the waste is not confined underground is a defective system. An OWTS that requires frequent pumping to remove
accumulated wastes in order to confine sewage underground is also a defective system whether or not pumping the system allows waste to be confined underground. OWTS that is defective under this chapter shall also be considered a defective system.
F.
A property owner shall promptly repair a leaking connection to a sewer system or a defective OWTS, or if public sewer is available, replace the OWTS with a connection to the public sewer within a reasonable time period agreed upon by the director. If a property owner elects to repair the defective system, the person shall complete the repairs within ten days from the date the system became defective unless otherwise approved by the director.
G.
In those areas within the county where individual aerobic wastewater treatment units are required, it is unlawful for any person who owns or operates such unit to permit the unit to revert to a septic system through improper operation or maintenance, or to operate in a manner inconsistent with the design and operation specifications of that unit.
H.
Any on-site wastewater treatment system constitutes a public health hazard and public nuisance if it causes sewage to surface on the ground.
I.
Any violation of the provisions of this chapter constitutes a public nuisance and shall be subject to abatement according to Chapter 7.20 of this code, and shall be in addition to any other remedy provided by this code or by law.
(Ord. No. 279E, § 1, 1-24-17).
13.54.260 - System maintenance.¶
If the division finds that any OWTS is being maintained in such a manner as to be or becomes a health hazard to the general public, the division shall notify the owner of said property of the condition which constitutes the health hazard, and the person so notified shall have ten days or as required by the director or his/her designee(s) to either abandon or repair the OWTS.
(Ord. No. 279E, § 1, 1-24-17).
13.54.300 - Indemnification—County not responsible for damage.¶
The county is not liable or responsible for damage resulting from the defective construction of any OWTS as herein provided, nor will the county or any official or employee thereof be liable or responsible by reason of any inspection authorized hereunder.
(Ord. No. 279E, § 1, 1-24-17).
13.54.310 - County not liable for damage and does not warrant.¶
The county, its officers, agents and employees assume no liability to the applicant or anyone else relying on the report issued hereunder for damage to persons or property caused by or arising from the inaccuracy of the report and/or undetection of sewage disposal problems; nor does the county make any warranty or guarantee of any kind to anyone, express or implied, regarding the condition and/or quality of the OWTS.
(Ord. No. 279E, § 1, 1-24-17).
13.54.320 - Conflicting regulations.¶
Where this is a conflict between the regulations of this chapter and any other chapter of local, state, or federal regulation, the greater or more stringent regulation shall apply and shall be enforced by persons authorized in this chapter.
(Ord. No. 279E, § 1, 1-24-17).
13.54.330 - Appeals.¶
Any person wishing to appeal any decision of the director or the division made under the provisions of this chapter, shall follow the provisions and appeal process found in Section 7.20.060 of this code.
(Ord. No. 279E, § 1, 1-24-17).
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