Martinez Municipal Code Ch. 13.16 Individual Systems

Chapter 420-6 (Sewage Collection and Disposal) as set forth in the Ordinance Code of Contra Costa County is hereby adopted by reference with those changes, additions and deletions made from time to time by the Contra Costa County Board of Supervisors. The regulations set forth in this chapter are additions and/or amendments to Chapter 420-6 of the Ordinance Code of Contra Costa County and where any provisions are in conflict therewith, it is the intent of the ordinances codified in this chapter to amend or delete such conflicting rules or regulations so that provisions codified in this chapter shall control.

(Ord. 837 C.S. § 5, 1976; Ord. 972 C.S. § 3, 1982; Ord. No. 1476, 9/3/2025)

A. No person shall discharge or deposit sewage or sewage effluent in or on the area of the City without an unrevoked permit from the City Council.

B. No person shall maintain an improperly functioning individual sewage disposal system.

(Ord. 837 C.S. § 5, 1976)

A. “City Engineer” means the City Engineer or designee thereof.

B. "Community sewer” means a sewer system that receives wastewater from two or more private dwellings, properties, or parcels, that does not discharge to a treatment facility with an existing NPDES permit issued by the San Francisco Bay Regional Water Quality Control Board for discharges to the waters of the United States.

C. "Individual sewage disposal system," “individual sewage system,” “individual disposal system,” or “individual system” means an independent sewage disposal system not connected with a “public sewer,” as defined herein, and which accommodates one or more residential dwellings.

D. “Public sewer” means a sewer system owned and operated by Central Contra Costa Sanitary District, Mt. View Sanitary District, or a wastewater collection facility maintained by a public sanitary district with an existing NPDES permit issued by the San Francisco Bay Regional Water Quality Control Board for discharges to the waters of the United States.

E. “Qualified contractor” means a contractor duly licensed by the California State Contractor's Board to install, construct, maintain, or inspect an independent sewage disposal system who possesses a Class C-42 Contractors license and has at least five years’ experience installing, constructing, pumping, maintaining, and inspecting individual sewage disposal systems and/or septic tanks.

F. “Septic tank” means a tank or receptacle which receives discharge of sewage to digest, liquidate, separate, filter, clarify, hold, and/or store wastes, and any facilities appurtenant thereto, including but not limited to pumps, controls piping, valves, fittings, weirs, and debris screens.

(Ord. No. 1476, 9/3/2025)

Subdividers of realty subdivisions shall submit tentative maps to the Health Officer for investigation to prevent creation of a health nuisance. The tentative map shall show the proposed provisions for adequate drainage as may be required by the Public Works Department to prevent inundation of any lots, and shall state the source of domestic water supply, the method of sewage disposal, the number of lots and the size of each lot.

(Ord. 837 C.S. § 5, 1976)

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Editor's note: Former § 13.16.060, Lot area—Variances, which derived from Ord. 837 C.S. § 5, 1976, was repealed by Ord. No. 1476, 9/3/2025.

The Health Officer may approve, may conditionally approve subject to special conditions essential to prevention of a health nuisance and for full compliance to regulations, or may disapprove the tentative map of the subdivision. No permit to utilize any premises requiring the disposal of sewage shall be issued by any County agency in any subdivision, the final map of which has not been approved by the Health Officer.

(Ord. 837 C.S. § 5, 1976)

The final recorded maps or tentative maps required to be filed under Title 21 shall be filed with the Health Officer.

(Ord. 837 C.S. § 5, 1976)

Individual sewage disposal systems approved by the Health Officer shall be provided for premises requiring the disposal of sewage where no sanitary sewer system is available.

(Ord. 837 C.S. § 5, 1976)

A. Permits for installation of new individual disposal systems or for reconstruction or relocation of all or part of any existing system are required.

B. Applications for permits shall be made to the Health Officer. Such application shall expire one year after date of issuance.

C. The Health Officer shall approve, conditionally approve, or deny the issuance of the permit on the basis of compliance with this chapter and the regulations of the Health Officer. Permits shall expire one year after date of issuance if installation of the approved systems is not commenced.

D. No change shall be made in approved plans without the approval of the Health Officer.

E. The Health Officer or his sanitarians may enter and inspect any premises for the purpose of this chapter at reasonable times with notice to owner or occupant.

(Ord. 837 C.S. § 5, 1976)

No permit to build on premises requiring disposal of sewage shall be granted if:

A. A public sewer is not available; or

B. A permit for the installation of an individual sewage system as required by this chapter has not been obtained.

(Ord. 837 C.S. § 5, 1976; Ord. No. 1476, 9/3/2025)

No certificate of occupancy shall be issued for a structure utilizing an individual sewage disposal system until the system has been installed and approved in accordance with this chapter and the regulations of the Health Officer.

(Ord. 837 C.S. § 5, 1976)

The Health Officer, with the approval of the City Council, is authorized to make and publish regulations necessary to effect the purposes of this chapter. These regulations shall become effective when published in a newspaper of general circulation and posted in the County Health Department. The Health Officer shall be responsible for the execution of this chapter.

(Ord. 837 C.S. § 5, 1976)

A. On or before March 1st of each year, owners of property utilizing an individual sewage disposal system containing one or more septic tank(s) that is connected to a community sewer shall annually submit to the City Engineer a self-certification report confirming that the septic tank(s) has been inspected by a qualified contractor to verify the operating condition and capacity of the septic tank(s).

1. The self-certification report shall, at a minimum, include:

a. Identification of the qualified contractor(s) who performed the inspection(s) and any necessary pumping, maintenance, or other service or repair work to bring the septic tank(s) into compliance with applicable standards and good working order;

b. The date(s) of inspection and any necessary pumping, maintenance, repair or service work;

c. The results of the inspection(s);

d. The quantity of waste pumped and removed from the septic tank(s), if any;

e. The disposal site for any waste removed from the septic tank(s);

f. Verification that the septic tank(s) and any appurtenant facilities (including, but not limited to, sewer laterals, weirs, debris screens, pumps, manhole covers, ball check valve assemblies, etc.) were properly inspected, pumped, cleaned, serviced, and found to be in good working order and/or repaired if necessary; and

g. A description of any repairs made to bring the septic tank(s) and appurtenant facilities into compliance with applicable standards and good working order.

2. With the consent of a property owner or occupant, or pursuant to a search or inspection warrant, the City Engineer may conduct inspections and/or tests of the individual system and septic tank(s) to confirm the information filed in the self-certification report. It shall be unlawful to make any false statement or representation in a self-certification report submitted to the City Engineer.

3. Should the owner(s) of an individual sewage disposal system containing one or more septic tank(s) that is connected to a community sewer fail to submit the required self-certification report, the City Engineer may conduct inspections and/or tests of the individual system septic tank(s) to verify operating condition and capacity at the owner's expense pursuant to Section 13.16.120.

4. For owner(s) of property located within and maintained by a homeowners association, a self-certification report may be submitted by the homeowners association on behalf of the property owner(s).

B. Owner(s) of property utilizing an individual sewage disposal system containing one or more septic tank(s) that is connected to a community sewer shall cause the septic tank(s) to be fully pumped out and cleaned as well as any debris screens to be removed and cleaned no less than once per calendar year, unless the owner(s) can produce a report from a qualified contractor demonstrating to the satisfaction of the City Engineer that:

1. The combined thickness of sludge and scum within the septic tank does not exceed one-third of the tank depth of the first compartment;

2. The scum layer is not within three inches of the outlet device; and

3. The sludge layer is not within eight inches of the outlet device.

In no event shall a septic tank be pumped fewer than once every three calendar years. Nor shall an owner of a septic tank permit the contents of a septic tank to exceed 33% of the total designed depth of the septic tank at any time. An owner(s) of multiple family units, mobilehome park, commercial establishments, motels, hotels, major and minor subdivision(s), and other buildings or places creating a large flow of sewage or waste may be required by the City Engineer to fully pump and clean the property's septic tank(s) more than once per calendar year. Pumping and disposal of waste shall be performed by a qualified contractor.

C. If the City Engineer determines, in his or her sole discretion, that an individual system or septic tank is not in good working order or that the contents of the septic tank exceed the limits set forth in subsection B of this section, above, the City Engineer may issue a repair notice pursuant to Section 13.16.120 setting forth a schedule for compliance.

D. Owner(s) of property utilizing an individual sewage disposal system containing one or more septic tank(s) that is connected to a community sewer shall cause such individual systems to be smoke tested in accordance with industry standards and as specified by the City Engineer to ensure that stormwater inlets, downspouts, and any other sources of flow or material which are not domestic wastewater are not connected to the wastewater system. In the event that smoke testing reveals such connections exist, the owner(s) shall cause such connections to be disconnected, sealed, and/or removed to the satisfaction of the City Engineer within 30 days following the date such connections were discovered. The owner(s) shall cause the individual system to be smoke tested within 180 days of the effective date of the ordinance codified in this section and thereafter whenever a permit for additional connections or repairs to the system is requested. Smoke testing shall be performed by a Contractor licensed in the State of California to perform such services.

E. The City Engineer may, in his or her sole discretion, require owner(s) of property utilizing an individual sewage disposal system containing one or more septic tank(s) that is connected to a community sewer to submit a financial assurance plan establishing the owner's ability to fully fund the system's ongoing operation and maintenance in perpetuity to the satisfaction of the City Engineer. For owner(s) of property located within and maintained by a homeowners association, a financial assurance plan may be submitted by the homeowners association on behalf of the property owner(s).

F. The City Engineer may, in his or her sole discretion, require owner(s) of property utilizing an individual sewage disposal system to submit a groundwater monitoring plan establishing the owner's ability to adequately detect contamination caused by the system and assess the effectiveness of groundwater pollution prevention measures in perpetuity to the satisfaction of the City Engineer. For owner(s) of property located within and maintained by a homeowners association, a groundwater monitoring plan may be submitted by the homeowners association on behalf of the property owner(s).

(Ord. No. 1476, 9/3/2025)

Each violation of this chapter is declared to be a public nuisance. The City Attorney, when directed by the City Council, shall initiate and maintain actions for the abatement of these nuisances.

(Ord. 837 C.S. § 5, 1976)

A. Every building or structure in which plumbing fixtures are to be initially installed and every premises having existing piping installed thereon which conveys sewage or other liquid waste to an individual sewage disposal system shall be connected to an available public sewer at the expense of the property owner or developer. Premises with existing individual sewage disposal systems shall be connected to the public sewer within three years of receipt of written notice from the City that the public sewer has become available, provided that the City Engineer may require connection within a shorter time period if the City Engineer determines the continued use of the private system poses a threat to health or safety.

B. For purposes of this section, a public sewer shall be “available” if any portion of the property on or subdivision in which the building or structure sits is located within 300 feet of the public sewer or any building or exterior drainage facility connected thereto. The measurement of the 300 feet shall start at a point where the public sewer authority’s jurisdiction terminates and continue to the nearest point of the property or subdivision.

C. If the City Engineer determines, in his or her sole discretion, that an individual system or septic tank is improperly functioning or at imminent risk of failure, the City Engineer may require connection to a public sewer from a distance of up to 1,000 feet.

D. No person shall cause, suffer, or permit the disposal of sewage or other wastes into any drainage system on any property which is not connected to a public sewer when such connection is required by this section.

E. The City Engineer may approve exceptions to this mandatory sewer connection requirement where a building or structure is located more than 1,000 feet from the nearest point of the public sewer authority’s jurisdiction or where grades or other physical features of a property make it unreasonable to comply with this section. A request for an exception shall be made in writing within 15 days of receipt of written notice from the City that the public sewer has become available. The decision of the City Engineer shall be final.

F. Within 30 days from the time of connecting with the public sewer, every decommissioned septic tank must be excavated, removed and disposed of at a permitted solid waste facility or abandoned in place. Every abandoned septic tank shall have the contents removed therefrom and hauled away by a registered septic tank-chemical toilet cleaner. If a septic tank will be abandoned in place, a sufficient number of holes must be made in the bottom of the septic tank to prevent accumulation of surface water in or above the septic tank, and the septic tank shall be completely filled with compacted native soil, sand, pea gravel, drain rock, concrete or other material approved by the Health Officer within 30 days from the time of connecting with the public sewer. The cover of the abandoned septic tank shall be removed before filling and either recycled or disposed of at a permitted solid waste facility. The filling of the abandoned septic tank shall not extend above the top of the vertical portions of the sidewalls or above the level of any outlet pipe until an inspection has been completed by the Health Officer. After inspection and approval by the Health Officer, the abandoned septic tank shall be filled to the level of the top of the ground.

(Ord. No. 1476, 9/3/2025)

In the event of a violative or improperly functioning individual sewage disposal system, and in addition to other penalties provided in this title, the City may send a written notice to the owner of the property on which the violation is occurring at the address of the owner as it appears on the assessment roll of last equalized assessment roll of Contra Costa County. The notice shall state the nature of the violation, that the owner is required to abate the condition constituting the violation within 30 days after the notice is received, and that if the owner fails to abate the condition within that period, the condition may be abated by the City and the owner shall be liable for the cost thereof. If the condition is not abated by the owner in accordance with the notice, the City may abate the condition and shall charge the owner for the cost thereof. If this charge is not paid within 60 days, the amount of the charge plus accrued interest at the rate of 6% per year from the date of the charge shall be added to the next regular tax bill sent to the owner by the County and shall be collected in the manner fixed by law for the collection of taxes, or in the alternative, recovery therefor may be had through civil action.

(Ord. No. 1476, 9/3/2025)

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Editor's note: Former § 13.16.120, Repair notice and city action, which derived from Ord. 837 C.S. § 5, 1976, was repealed by Ord. No. 1476, 9/3/2025.