Marin County Municipal Code Ch. 18.04 Sewage Disposal—permits

Chemical toilet. The term "chemical toilet" means and includes 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.

Health officer. The term "health officer" means the Marin County Health Officer or his authorized representatives.

Person. The term "person" shall include any person, firm, association, corporation or any members, agents or employees of the foregoing.

Sewage. The term "sewage" means any and all wastes, substance, liquid or solid, which contain or may be contaminated by human excreta, excrement, offal or feculent matter or matters, or substances of any kind or nature that may be injurious or dangerous to health either directly or indirectly.

(Ord. 1244 § 1, 1962)

This chapter shall apply to all unincorporated territory within the County of Marin, State of California.

(Ord. 1244 § 2, 1962)

It shall be unlawful for any person to do any of the following without having first secured a permit therefor from the health officer:

(a) Construct, rebuild, use, occupy, or maintain any residence, place of business, 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.

(b) Construct or maintain any sewage treatment works, sewer pipes or conduits, or other facilities for the treatment and/or discharge of sewage or impure waters or any other matter or substance offensive, injurious or dangerous to health.

(c) 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.

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

(Ord. 1244 § 3, 1962)

Every building where persons reside, congregate or are employed, which is situated upon property, an extremity of which is within four hundred feet (measured in a horizontal plane) of an approved public sanitary sewer, shall be connected to the sewer by the owner of the premises; provided, however, where such connection is not required by local district ordinances, the health officer may waive this requirement upon a finding that such connection is not necessary to protect the public health and welfare.

(Ord. 1466 § 1, 1965: prior Ord. 1244 § 4, 1962)

All applications for permits shall be in writing on a form supplied by the Marin County Health Department and shall be accompanied by the applicable fee established by resolution by the board of supervisors.

(Ord. 1244 § 5(A), 1962)

(Ord. No. 3563, § II(exh. A), 2011)

All applications shall be accompanied by plot plans showing size and type of the proposed installation, the site thereof, and the work to be done, in detail.

(Ord. 1244 § 5(B), 1962)

If, after investigation, the health officer determines that the installation of the proposed facility is in accordance with the terms of this chapter and any regulations issued pursuant thereto, and will not be injurious to the public health and welfare, he shall issue a permit. All permits may be made subject to such conditions as the health officer deems necessary to insure compliance with this chapter, and protection of the public health and welfare.

(Ord. 1244 § 5(C), 1962)

Any permit issued pursuant to this chapter shall expire and become null and void under the following circumstances:

(a) If the work authorized therein has not been commenced within ninety days after the permit has been issued. A maximum extension of ninety days may be granted to the permittee by the health officer;

(b) If after commencement of the installation, repair or modification of a sewage disposal system authorized by a permit and before completion thereof the project is abandoned for a continuous period of ninety days, then the permit thereafter shall become null and void;

(c) Upon the expiration of any permit as herein provided no further work may be done in connection with the installation, repair or modification of the sewage disposal system unless and until a new permit for such purpose is issued;

(d) The health officer may revoke any permit issued hereunder if he determines that the permittee is acting in contravention of the provisions of this chapter or the conditions of the permit.

(Ord. 1244 § 5(D), 1962)

In the event that any applicant or permittee is for any reason dissatisfied with the actions of the health officer by reason of failure to grant a permit, revocation of a permit, or imposition of any conditions relating to said permit, said applicant or permittee shall have the right to appeal to the board of supervisors, in writing, within ten days after notification of the action of the health officer. Upon receipt of an appeal, the board of supervisors shall call a hearing within fifteen days from receipt of said appeal and give the appellant notice thereof by registered or certified mail addressed to said appellant at the address shown on the application or permit. At the conclusion of said hearing, the board of supervisors shall render a decision, which decision shall be final.

(Ord. 1244 § 5(E), 1962)

Any permits issued hereunder may not be transferred from person to person, or location to location.

(Ord. 1244 § 5(F), 1962)

The type and manner of installation, construction, repair, or modification of sewage disposal systems shall substantially conform to regulations issued by the county health officer. In order to carry out the purposes and intent of this chapter the health officer is authorized to make and publish such regulations as are necessary to give effect to the purpose of this chapter. Such regulations shall be approved by the board of supervisors and shall become effective when published in a newspaper of general circulation and posted at the county health department and county courthouse.

(Ord. 1244 § 6, 1962)

No occupancy shall be permitted in any building which is not to be connected to an approved public sanitary sewer without the written approval of the health officer.

(Ord. 1244 § 7, 1962)

No building permit, as required by Marin County Ordinance 1189 (Chapter 19.04 of this code) and amendments thereto shall be issued for any building which is not to be connected to an approved public sanitary sewer, without the written approval of the health officer.

(Ord. 1244 § 8, 1962)

It shall be the duty of the county health officer to enforce the provisions of this chapter and in the performance of this duty the health officer or his duly authorized agents are authorized to enter, at any reasonable hour, any premises whereon he has reasonable cause to believe that a violation of this chapter exists.

(Ord. 1244 § 9, 1962)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Such person is guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued, or permitted by such person.

(Ord. 1244 § 10, 1962)

If any section, subsection, subdivision, sentence, clause or phrase of this chapter is, for any reason, held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors declares that they would have passed this chapter and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases are declared illegal or unconstitutional.

(Ord. 1244 § 11, 1962)