Marin County Municipal Code Ch. 18.06 Individual Sewage Disposal Systems

Footnotes:

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Editor's note— Ord. No. 3564, § I, adopted July 19, 2011, amended Ch. 18.06 in its entirety to read as herein set out. Former Ch. 18.06, §§ 18.06.010—18.06.160, pertained to similar subject matter and derived from: Ord. No. 1861, § 1(part), 1971; Ord. No. 2370, § 9, 1978; Ord. No. 2637, § 4, 1981; Ord. No. 2842, §§ 1—4, 6, 8—13, 1984; Ord. No. 2960, § 1, 1987; Ord. No. 3133, § 1(part), 1993; and Ord. No. 3489, § 2(part), 2008.

The provisions of this chapter are intended to insure that the disposal of sewage and/or the distribution of graywater shall be accomplished in a safe and sanitary manner in order to protect the public health, safety and welfare to the greatest extent possible.

(Ord. No. 3564, § I, 2011)

This chapter is applicable to all existing and new individual sewage disposal systems and/or graywater distribution systems in the unincorporated area of Marin County. However, where a governmental entity has entered into an agreement with the board of supervisors to assume responsibility for regulating or issuing permits to construct, alter, modify or replace individual sewage and/or graywater systems, then the provisions of this chapter shall not apply within the jurisdictional limits of that entity for the scope of responsibility assumed by the entity.

(Ord. No. 3564, § I, 2011)

Any sewage disposal systems and/or graywater distribution systems proposed within the coastal zone, as defined by the Coastal Act of 1976, may be subject to a coastal development permit pursuant to Chapters 22.56 and 22.57 of this Code. Different standards, as set forth in Chapters 22.56 and 22.57, are applicable to projects located in coastal districts.

(Ord. No. 3564, § I, 2011)

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, or individual sewage disposal system approved by the health officer.

Clothes washer graywater system. A graywater system utilizing only a single domestic clothes washing machine in a one- or two-family dwelling that does not include a potable water connection or a pump and does not affect other building, plumbing, electrical, or mechanical components including structural features, egress, fire-life safety, sanitation, potable water supply piping, or accessibility.

Complex system. A residential graywater system that discharges over two hundred fifty gallons (nine hundred forty-seven L) per day.

Graywater. Pursuant to Health and Safety Code Section 17922.12, "graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes wastewater from bathtubs, shower, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

Graywater system. A system designed to collect graywater and transport it out of the structure for distribution in an irrigation or disposal field. A graywater system may include tanks, valves, filters, pumps or other appurtenances along with piping and receiving landscape.

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

Individual sewage disposal system. The term "individual sewage disposal system" means and includes any system of piping, treatment devices or other facilities (excluding chemical toilets) that store, convey, treat or dispose of sewage which is discharged anywhere other than into a public sewer system.

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

Public sewer system. The term "public sewer system" means any publicly owned and maintained system of sewage conveyance, piping, or any part thereof, that transports sewage away from the properties of origin to publicly owned and operated sewage treatment and disposal facilities.

Sewage. The term "sewage" means any and all liquid or solid waste substance, which is associated with human habitation or which contains or may be contaminated with human or animal excrement or offal or substances of any kind or nature that may be injurious or dangerous to health either directly or indirectly.

Simple isolated system. A simple system that does not include a potable water connection or a pump and does not affect other building, plumbing, electrical or mechanical components including structural features, egress, fire-life safety, sanitation, potable water supply piping or accessibility.

Simple system. A graywater system serving a one- or two-family dwelling with a discharge of two hundred fifty gallons (nine hundred forty-seven L) per day or less. Simple systems exceed a clothes washer graywater system.

(Ord. No. 3564, § I, 2011)

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

(a) Construct, alter, repair or replace an individual sewage disposal system and/or a complex graywater system or a component element thereof, which system is subject to the provisions of this chapter, without first obtaining a permit from the health officer in accordance with the provisions of this chapter and regulations issued hereunder.

(b) Construct, rebuild, use, occupy or maintain any residence, place of business or other structure where persons reside, congregate or are employed, which is not provided with a means of disposal of sewage by connection to a public sewer system or an individual sewage disposal system, without first obtaining approval and/or a permit from the health officer.

(c) Construct, use, or maintain any privy, cesspool, septic tank, sewage treatment works, graywater system, chemical toilet, composting toilet, sewer pipes or conduits, or system(s) components in a manner where sewage, graywater, impure water or any other matter or substance will discharge upon the surface of the ground, become injurious or dangerous to health or will empty, flow, seep, or drain into or affect any river, stream, creek, spring, lake, pond, reservoir, swamp, ocean, bay, water supply, water system, groundwater, culvert, or drainage within the County of Marin.

(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, or a special event on the list established and updated periodically by the environmental health services director, without first obtaining a permit.

(e) Any individual sewage disposal system or graywater system constructed, operated or maintained in violation of this chapter is hereby declared to be a public nuisance and may be abated according to provisions of the law.

(Ord. No. 3564, § I, 2011)

Sewage disposal shall be by means of a connection to a public sewer system if the nearest sewer is within four hundred lineal feet of the parcel in which the structure generating the sewage is to be constructed. This requirement may be waived by the health officer if he or she finds connection to a public sewer is legally or physically impossible. If the health officer determines that connection to a public sewer is unfeasible, an application may be filed for a permit for an alternative method of sewage disposal, utilizing an individual sewage disposal system.

(Ord. No. 3564, § I, 2011)

No building permit, as required by Chapter 19.04 of this Code shall be issued for any building which is not to be connected to an approved public sanitary sewer or an individual sewage disposal system, without the approval of the health officer.

(Ord. No. 3564, § I, 2011)

The health officer is authorized to issue regulations, providing guidelines and criteria to carry out the purposes of this chapter. Such regulations shall be approved by the board of supervisors prior to their effectiveness. The health officer is authorized to waive any particular requirements imposed by such regulations based upon a determination that the general purposes of this chapter will be achieved by such waiver.

(Ord. No. 3564, § I, 2011)

All graywater systems shall be located, installed, or constructed to meet the requirements of the California Plumbing Code, Title 24, Part 5.

(Ord. No. 3564, § I, 2011)

Every person shall obtain permits as provided for by this chapter and/or Title 19 of Marin County Code to repair, alter, relocate, install or construct an individual sewage disposal system or a simple or complex graywater distribution system.

(Ord. No. 3564, § I, 2011)

The repair, alteration, relocation, installation or construction of a clothes washer graywater system or a simple system is exempt from environmental health services permits. Simple graywater systems are exempt from environmental health services permits unless it is demonstrated that the system does not meet the requirements of Califiornia Plumbing Code, Title 24, Part 5 and/or when graywater ponding or runoff has occurred.

(Ord. No. 3564, § I, 2011)

Every person who locates, installs or constructs a simple graywater system shall file a notification with the health officer. Notification forms shall be obtained from environmental health services.

(Ord. No. 3564, § I, 2011)

All applications for individual sewage disposal system and/or graywater distribution system permits and notifications or requests for chemical toilet installation shall be submitted in writing to the Marin County Community Development Agency, Division of Environmental Health Services, on a form supplied by the health officer. The application shall be accompanied by fees as specified in the current fee resolution approved by the board of supervisors establishing fees for environmental health services.

In the event that a sewage disposal system and/or a complex graywater system is operated, repaired, altered or relocated, or a chemical toilet is installed without first obtaining a permit, or if a graywater system is determined to be a public nuisance, then the applicant shall pay the cost recovery fees for environmental health services.

(Ord. No. 3564, § I, 2011)

If, after investigation, the health officer determines that the construction 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 or she shall approve or conditionally approve the application for an individual sewage disposal system and/or a graywater distribution system. Such approval may be made subject to such conditions as the health officer deems necessary to insure compliance with this chapter, and any regulations issued pursuant thereto. Any such approval shall become null and void under the following circumstances:

A. The work authorized has not been commenced within two years after approval, unless an extension of one additional year has been granted by the health officer;

B. Construction of the approved system is commenced but subsequently abandoned for a continuous period of ninety days;

C. Construction of the approved system is not proceeding in accordance with the terms of approval.

(Ord. No. 3564, § I, 2011)

Any permits issued hereunder may not be transferred without a new application and documentation of ownership of property.

(Ord. No. 3564, § I, 2011)

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

(Ord. No. 3564, § I, 2011)

If the individual sewage disposal system and/or graywater distribution system is completed in accordance with the terms of the health officer's approval, a certificate of final inspection shall be issued and recorded by the health officer with the county recorder, identifying the property by the assessors parcel number. The health officer may revoke any certificate issued hereunder if he or she determines that the individual sewage disposal system and/or graywater distribution system does not comply with the provisions of this chapter, the regulations issued hereunder, or the conditions of the certificate.

(Ord. No. 3564, § I, 2011)

Every individual disposal system constructed pursuant to this chapter shall be subject to a biennial inspection to assure their continued proper functioning and for the purpose of renewing the certificate of inspection. The health officer shall renew a certificate of inspection for a two-year period when the following conditions have been met:

A. A report of inspection of the individual disposal system by an authorized inspector indicates that the system is operating in a satisfactory manner;

B. Proof of a septic tank pumping by a licensed septic tank pumper is submitted, when such pumping is required by the report of the inspector;

C. Proof of repairs or alterations to an individual sewage disposal system is submitted, when such repairs have been required by the report of the inspector;

D. A deposit of renewal fee as established by resolution of the board of supervisors is made with the county health department.

(Ord. No. 3564, § I, 2011)

The certificate of inspection shall be recorded by the health officer with the county recorder, identifying the property by assessor's parcel numbers. The certificate of inspection is transferable to a subsequent grantee or transferee of the property, effective for the balance of the two-year period.

(Ord. No. 3564, § I, 2011)

Following the biennial inspection covered above, if an individual sewage disposal system is found to be defective, the prior certificate of inspection may be extended for a period not to exceed six months beyond its normal expiration date; provided that corrective measures as recommended by the inspector are being undertaken.

(Ord. No. 3564, § I, 2011)

Every cesspool, septic tank, graywater tank, or privy which has been abandoned, or has otherwise been discontinued from further use, or to which no waste or soil pipe from plumbing fixture(s) is connected, shall have the sewage and/or graywater removed therefrom and be completely filled with a material approved by the health officer under permit.

(Ord. No. 3564, § I, 2011)

It shall be the duty of the county health officer or his or her duly authorized representative to enforce the provisions of this chapter and the regulations issued thereunder. He or she may enter any premises at any reasonable hour, with the owner's consent, to inspect the individual sewage disposal system and/or graywater distribution system to determine if it is functioning satisfactorily. Should for any reason the owner's consent not be obtained, the health officer shall first obtain an inspection warrant pursuant to applicable law.

(Ord. No. 3564, § I, 2011)

In the event that any applicant or permittee (hereinafter called appellant) 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 appellant shall have the right to request a hearing before the director of the community development agency, or his or her designee (hereinafter called hearing officer). Appeals shall be addressed to the director of the community development agency, in writing, and shall state the basis of appeal. Appeals shall be filed in the office of the community development agency not later than ten days following the date of the action from which the appeal is taken. Appeals shall be accompanied by the filing fee as specified in the current resolution of the board of supervisors establishing fees for environmental health services.

The hearing officer shall conduct a hearing within fifteen working days from receipt of request. The action from which the appeal is taken may be reversed or modified only by the hearing officer. The hearing officer shall render a decision, in writing, within five business days. Actions or appellate determinations of the hearing officer may be appealed to the board of supervisors within ten days of the decision of the hearing officer. Said appeal shall be accompanied by a filing fee as specified in the current board of supervisors' resolution establishing fees for environmental health services. The board of supervisors shall determine an appeal not later than the fourth regular meeting following the date on which the appeal was filed. The action or appellate determination, from which an appeal is taken, may be reversed or modified only upon an affirmative vote of a majority of the authorized membership of the board of supervisors. All rights of appeal are exhausted when the proceedings set forth herein have been consummated.

(Ord. No. 3564, § I, 2011)

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 one thousand 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, or permitted by such person.

(Ord. No. 3564, § I, 2011)

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. No. 3564, § I, 2011)