Mendocino County Municipal Code Ch. 16.08 On-Site Sewage Systems

* Prior ordinance history: Ord. No. 3421, adopted 1983.

The terms used in this Chapter are defined as follows:

(A) "Community sewage disposal system" means a sewage disposal system operated by a public entity or by a sewage system corporation as defined in Section 216 of the Public Utilities Code, consisting of collection, treatment, and disposal works, and which serves all lots or parcels of a subdivision.

(B) "On-site sewage system" means a sewage system utilizing a treatment unit and a soil absorption field.

(C) "Nonstandard sewage system" means any method of sewage treatment which does not use a septic tank and/or uses treatment processes in addition to the septic tank and/or does not use a gravity soil absorption field.

(D) "Standard sewage system" means a method of sewage treatment which includes a septic tank, and a gravity soil absorption field.

(E) "Alternative sewage system" means a nonstandard sewage system that has demonstrated satisfactory operation and maintenance under the innovative systems monitoring program, as specified in the Division of Environmental Health publication "Non-Standard On-Site Sewage Systems Program" and/or the North Coast Regional Water Quality Control Board "Policy on the Control of Water Quality with Respect to On-Site Waste Treatment and Disposal Practices."

(F) "Innovative sewage system" means any nonstandard sewage system other than an approved alternative system. Innovative system approval must be supported by adequate technical specifications and research documentation acceptable to the Mendocino County Division of Environmental Health as specified in the Division of Environmental Health publication "Non-Standard On-Site Sewage Systems Program" and/or the North Coast Regional Water Quality Control Board "Policy on the Control of Water Quality with Respect to On-Site Waste Treatment and Disposal Practices."

(Ord. No. 1107 (part), adopted 1973; Ord. No. 3685 Sec. 1, adopted 1988; Ord. No. 4018, Sec. 2, adopted 1998.)

It is unlawful and prohibited and a public offense for any person, firm, corporation, partnership, or co-partnership to construct or maintain any sewage system in a manner where inadequately treated effluent is likely to discharge upon the surface of the ground, become injurious or dangerous to health, violates any requirement of the North Coast Regional Water Quality Control Board's Basin plan, or will empty, flow, seep, or drain into or affect any spring, stream, river, lake, groundwater or other waters within the County of Mendocino.

(A) All structures from which or in which domestic waste may be generated shall be connected to an approved sewage system approved by the County of Mendocino. No person or other entity shall reside in or otherwise use a structure generating domestic waste unless it is so connected to a sewage system so approved by the County. "Structure" shall not include a portable chemical toilet or variant thereof used only for a temporary period of time in any one (1) place. "Structure" shall not include structures used for the seasonal commercial cultivation or processing of plants ("facility"), which may instead use one (1) of the following methods of disposing of domestic waste following the approval of the Division of Environmental Health:

(1) If the facility is located on a parcel where a different structure owned or operated by the same person has been constructed with a bathroom connected to an approved sewage system and there is either a path of travel between the facility and the structure or an arrival space at both the facility and the structure, the facility may rely on the bathroom at the structure; or

(2) The facility may use portable chemical toilets and handwashing stations (both of which must meet current disabled access regulations) in lieu of being connected to an approved sewage system, so long as the owner or operator of the facility, on forms approved by the Division of Environmental Health, shall submit to the Division the following:

(a) A site plan illustrating the location of the portable chemical toilets and handwashing stations and demonstrating that all portable chemical toilets and handwashing stations shall be located at least fifty (50) feet from any property line, waterways, water wells or springs.

(b) A written service contract from a licensed septic pumper demonstrating that portable chemical toilets and handwashing stations will be pumped and/or serviced no less than once a month or as needed.

(c) A form acknowledging that:

(i) The facility has no public access.

(ii) Upon cessation of the use of the facility, all portable chemical toilets shall be pumped to remove all septage and chemicals, and be locked and stored, or removed from the premises.

(B) Any onsite sewage system constructed or maintained in violation of this chapter is hereby declared to be a public nuisance per se, and may be summarily abated according to provisions of law.

(C) It is the intent of this ordinance not to limit a State agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer; nor is it the intent of this ordinance to limit the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any contamination or pollution.

(Ord. No. 3685 Sec. 2, adopted 1988; Ord. 4018, Sec. 3, adopted 1998; Ord. 4143 Sec. 1, adopted 2005.)

(Ord. No. 4399, § 1, 1-2-2018)

The following provisions shall apply to all installations and alterations of sewage systems:

(A) Any person, firm, corporation, partnership, or co-partnership, all of the foregoing being hereinafter referred to by the term "installer," construction, digging, installing, or altering any on-site sewage disposal system shall first comply with the following requirements:

(1) Apply to the Mendocino County Department of Public Health for a permit therefore and be issued such a permit.

(2) Pay the appropriated application fee as determined by resolution of the Board of Supervisors, said fee not to be refundable; and pay the appropriate penalties as established herein.

(3) Submit with the application a drawing or map sufficient to show the plot plan of the property and the relative location of the proposed installations.

(4) Other information deemed necessary by the Health Officer.

(B) If the on-site sewage system for which a permit has been issued has not been installed within two (2) years of date of issuance of permit, the permit becomes void, unless renewed by payment of a renewal fee as established by the Mendocino County Board of Supervisors.

(C) Whenever any work for which a permit is required by this Title has commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. The investigation fee, in addition to the permit fees, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this Title.

(D) The terms "install" and installation" herein refer to each of the following: construction, digging, installation, and alteration.

(Ord. No. 1107 (part), adopted 1973; Ord. No. 3339, adopted 1981; Ord. No. 3685 Sec. 3, adopted 1988; Ord. No. 4018, Sec. 4, adopted 1998.)

The Health Department may inspect, prior to or subsequent to the issuance of a permit, the premises and property where proposed installation is to be placed. If the Health Department determines the proposed installation meets the minimum requirements set forth in state and local statutes, regulations, and ordinances, the Health Department shall thereupon issue a permit for said installation and shall maintain records thereof The Health Department may, however, set forth as conditions of approval for said permit whatever items and specifications it deems reasonably required to protect the public health and safety. Such minimum standards shall be published, from time to time, in the Division of Environmental Health's "Land Development Requirements FORM 42.04" and the "Non-Standard On-site Sewage Systems Program.

(Ord. No. 1107 (part), adopted 1973; Ord. No. 3685 Sec. 4, adopted 1988; Ord. No. 4018, Sec. 5, adopted 1998.)

Upon the completion of an on-site sewage system and before the same is covered or put into use, the installer shall notify the Health Department of such fact by transmitting to it a notice of completion in writing. The on-site sewage system shall neither be covered nor put into use until such time as inspected by the Health Department and approved by it in the form of a certificate of completion.

(Ord. No. 1107 (part), adopted 1973; Ord. No. 3685 Sec. 5, adopted 1988; Ord. No. 4018, Sec. 6, adopted 1998.)

The Health Department may make such investigations and inspections after completion as may be necessary to determine that the plans and specifications approved in the permit have been complied with; and, if it finds that said plans and specifications have not been complied with, it shall be the duty of the installer to make the corrections.

(Ord. No. 1107 (part), adopted 1973; Ord. No. 3685 Sec. 6, adopted 1988.)

No on-site sewage system shall be installed or approved unless it complies with the following minimum lot size requirements:

(A) Where a water supply and distribution system and sanitary sewer system are provided, the lot area shall be not less than six thousand (6,000) square feet, and the lot width shall be not less than sixty (60) feet in width on the building line or less than eighty (80) feet in depth.

(B) Where a water supply and distribution system is provided, the lot area shall not be less than twelve thousand (12,000) square feet, and the lot width shall be not less than eighty (80) feet.

(C) Where neither a water supply and distribution system nor a sanitary sewer system is provided, the lot area shall be not less than forty thousand (40,000) square feet, and the lot width shall be not less than one hundred (100) feet.

(D) For lots which are to be used for commercial or industrial purposes or where there are unusual topographical or other special conditions, the Health Department may grant exceptions to this provision.

(E) Each and every lot or parcel of a subdivision approved based upon the use of an alternative sewage system shall be a minimum of forty thousand (40,000) square feet net. Systems proposed for lots less than eighty thousand (80,000) square feet net may be required to complete a cumulative impact survey prior to approval of the subdivision.

(Ord. No. 1107 (part), adopted 1973; Ord. No. 3685, Sec. 7, adopted 1988; Ord. No. 4018, Sec. 7, adopted 1998.)

(A) Subdivisions of land which are based upon the use of an innovative on-site sewage systems on each lot or parcel shall not be allowed in Mendocino County. This prohibition shall not apply to a community sewage disposal system which serves all lots in a subdivision.

(B) Notwithstanding the foregoing, a subdivision of land may be approved, based upon the use of an alternative on-site sewage system, upon compliance with requirements found herein.

(Ord. No. 1107 (part), adopted 1973; Ord. No. 3421, adopted 1983; Ord. No. 3685, Sec. 8, adopted 1988; Ord. No. 4018, Sec. 8, adopted 1998.)

A subdivision may be approved based upon the use of alternative sewage systems on any individual lot or parcel, only if all of the following requirements are met:

(A) Any individual lot or parcel of the subdivision must meet all of the criteria for the proposed alternative sewage system established by both the North Coast Regional Water Quality Control Board, and the Health Officer as described in "The Non-Standard On-Site Sewage Systems Program." A written report of site evaluation, prepared by a qualified person, shall accompany each request for approval. All lots or parcels must be investigated for compliance with standard system criteria before alternative sewage systems are considered.

(B) The applicant shall submit a site development plan, prepared by a qualified person, to the Division of Environmental Health. The plan shall clearly show the dimensions, orientation, and location of the proposed alternative sewage system and a future replacement sewage system on the parcel.

(C) The applicant shall prepare appropriate deed statements on forms provided by the Health Officer. Such statements shall advise prospective purchasers of a lot or parcel that an alternative sewage system will be required for development of this lot, and that such systems are more expensive than standard systems.

(D) For subdivision developments in which waste discharge requirements are prescribed by the Regional Board, the existence or formation of a legally responsible entity of dischargers shall be required.

(Ord. No. 3685, Sec. 9, adopted 1988: Ord. 3904, passed 1995; Ord. No. 4018, Sec. 9, adopted 1998.)

The Monitoring Inspection Program and the issuance of Operational Permits shall be according to the published standards in the Division of Environmental Health's "Non-Standard Sewage Systems Program."

(A) Each and every nonstandard sewage system shall be inspected periodically at a frequency depending on its complexity and potential public health impact. A report of conditions shall be completed on forms provided by the Health Officer. A Monitoring Inspection may be performed by the Health Officer. Fees for such Monitoring Inspections, as conducted by the Health Officer, shall be established by resolution of the Board of Supervisors, to be collected by the Health Officer; or, at the discretion of the Health Officer, a qualified person, as defined by the North Coast Regional Water Quality Control Board "Policy on the Control of Water Quality with Respect to On-Site Waste Treatment and Disposal Practices," may perform the Monitoring Inspection under contract with the property owner.

(B) No person, firm, corporation or other entity shall use, cause or allow the use of any nonstandard sewage system within the County of Mendocino unless a valid Operational Permit is in effect for such use. The Health Officer may set forth as conditions of approval for the Operational Permit whatever items and specifications he or she deems reasonably necessary to assure the continued satisfactory operation of any nonstandard system or to protect the public health and safety. Fees for such Operational Permits shall be established by the Board of Supervisors, to be collected by the Health Officer. Use of a nonstandard sewage system without an Operational Permit shall constitute a public nuisance.

(C) Standard sewage systems with flows greater than one thousand five hundred (1500) gallons per day and/or wastes with higher strength than domestic sewage may be deemed a nonstandard sewage system and require an Operating Permit and be subject to Monitoring Inspections according to this Chapter.

(Ord. No. 3685, Sec. 10, adopted 1988; Ord. No. 4018, Sec. 10, adopted 1998.)

The provisions of this Chapter are in addition to any other requirement for a permit for construction, alteration or repair of a sewage system.

(Ord. No. 3685, Sec. 11, adopted 1988; Ord. No. 4018, Sec. 11, adopted 1998.)

(A) A violation of any provision of this Chapter shall be an infraction punishable by (1) a fine not exceeding One Hundred Dollars ($100) for a first violation; (2) a fine not exceeding Two Hundred Dollars ($200) for a second violation of the same ordinance within one (1) year, (3) a fine not exceeding Five Hundred Dollars ($500) for each additional violation of this Ordinance within one (1) year. Every day during any portion of which such violation occurs constitutes a separate offense.

(B) In addition to any other relief, the County shall recover the costs of enforcing the provisions of Title 16 of the Mendocino County Code and any and all ordinances, rules, regulations and orders of its Health Department for the preservation and protection of public health pursuant to Health and Safety Code Section 450 et seq. The hourly fees to be imposed and recovered pursuant to this Section shall be set forth by resolution of the Board of Supervisors.

(C) The County may refund or waive any or all costs imposed or collected pursuant to this Section as directed by the Board of Supervisors and upon such terms and conditions as it directs.

(Ord. No. 3685, Sec. 13, adopted 1988.)

The Mendocino County Department of Public Health may record with the County Recorder a notice, including a copy of the Operational Permit, stating that a nonstandard sewage system has been installed on the property or a permit for such installation has been issued; and any expanded usage of the system is prohibited unless a new permit therefor is issued.

(Ord. No. 3409, adopted 1982, amended by Ord. No. 3591, adopted 1985; Ord. No. 4018, Sec. 12 (part), adopted 1998.)

The Mendocino County Department of Public Health may record with the County Recorder a Notice of Revocation stating that the conditions of the Operating Permit have been violated and the Operating Permit is hereby revoked.

(Ord. No. 4018, Sec. 12 (part), 1998.)

Appendix I as amended of the 1991 Uniform Plumbing code is hereby adopted and is applicable within the County of Mendocino and supplements Section 18.04.040(I) of the Mendocino County Code. Health and Safety Code Sections 17958, 17958.5 and 17958.7 authorize modifications of Appendix I upon express findings that such modifications are reasonably necessary because of local geological, topographical, or climatic conditions.

(Ord. No. 3833 § 1, adopted 1992.)

The following findings are adopted in support of Appendix I as amended. These findings are consistent with the North Coast Regional Water Quality Control Board's Basin Plan.

(A) Geological Finding. Mendocino County lies within the northern coastal ranges and valley of California, and its unique geological characteristics have a direct impact on the construction of on-site sewage systems. The unique geology has resulted in limited areas which are suitable for installation of on-site sewage systems using the criteria delineated in the 1991 Uniform Plumbing Code, Appendix I. The above referenced Basin Plan is designed to protect the quality of ground and surface waters. The Basin Plan contains differing criteria than Appendix I for testing and installation of on-site sewage systems. Such unique geological characteristics and the requirements of the Basin Plan necessitate the amendments to Appendix I.

(B) Topographical Finding. Mendocino County is rugged, mountainous, and sparsely populated. The area is divided into inland and coastal valleys, separated by coastal ranges. The topography, with tree-covered slopes and intermountain valleys, is not easily served by conventional on-site sewage technology. The lowest point in the basin, three hundred fifty (350) feet, is at the exit of the Russian and Eel Rivers. The highest point in the basin is Black Butte, located in Trinity County, which has an elevation of five thousand nine hundred twenty-two (5,922) feet. The isolation and limited density of development in many of Mendocino County's rural area makes sizing and installation of on-site sewage systems difficult.

(C) Climatic Finding. The climate of Mendocino County varies from the coast to the interior. The inland area has warm, dry summers and cool wet winter. The Pacific Ocean moderates the temperatures on the coast. From October through April, ninety (90%) to ninety-five percent (95%) of the total annual precipitation in the area falls. Mean totals are as much as sixty (60) inches at the Russian River drainage, with forty-five (45) to seventy (70) inches at the Eel River drainage. Total are lowest in the southern valleys and highest in the northern mountains. Climate thus limits the time of year in which on-site sewage systems can be installed. It also necessitates percolation testing of expansive clay soils during the wet weather season to ascertain performance of proposed on-site sewage systems.

(Ord. No. 3833 § 2, adopted 1992; Ord. No. 4018, Sec. 13, adopted 1998.)

Appendix I as amended and approved by the Board of Supervisors on September 8, 1992, shall be lodged in the files of the County's Division of Environmental Health.

(Ord. No. 3833 § 3, adopted 1992.)