Chapter 4 — WATERLESS TOILET SYSTEMS

A waterless toilet may be utilized for purposes of treatment and disposal of blackwater and/or graywater if the owner of the property has in their possession a current valid waterless toilet permit from the Department of Environmental Health. Said permit is revocable for noncompliance with standards of waterless toilet use as outlined in this Section. Disposal of waterless toilet waste shall not be permitted if the waste has been contaminated with any material other than blackwater or graywater waste.

(Ord. 2531. (10/24/2023))

A.

Any waterless toilet proposed for use under this Section shall be a commercially manufactured unit, installed in accordance with the manufacturer's recommendations or instructions, and accepted by any other governmental agency for a similar application.

B.

The structure to be served by the waterless toilet shall also contain rough plumbing which will enable the installation of a conventional water flushing toilet as otherwise required by the Uniform Plumbing Code. In the case of connection of a graywater disposal system to the waterless toilet, all applicable provisions of "Graywater Systems" of this Chapter shall be observed. The Nevada County Building Department must attest to the Environmental Health Department that the plumbing system conforms to these requirements.

Exception (For HCE 1): Limited density owner-built rural dwellings served by waterless toilets in compliance with this Section as the sole means of disposal of blackwater and graywater shall not be required to also contain rough plumbing pursuant to this Subsection.

C.

A waterless toilet shall only receive wastes for which it has been designed.

D.

Waterless Toilet Treatment Systems: The treatment of waterless toilet wastes shall be conducted in strict observance of the manufacturer's specifications, including the addition of any materials, the turning of drums, and the utilization of heating elements and timers. Adequate access to service and maintenance of all necessary components of the waterless toilet and its accessories shall be provided.

E.

Composting Toilet Waste Disposal Methods: Disposal of the waste from composting toilets shall be disposed of only after such time as the material is thoroughly and completely decomposed and rendered noninfectious. Total and fecal coliform organisms shall not exceed the levels specified in the NSF Standard Number 41. The composted material may be disposed of as follows:

At an approved solid waste disposal facility capable of accepting human waste.

By an approved licensed septic tank pumper.

On the property containing the waterless toilet. Said disposal shall be performed in a manner which prevents contamination of humans, animals, surface waters or groundwaters. The process of removing the waste material shall be done with care for personal safety, with protective non-permeable gloves worn. Disposal methods permitted are:

a.

Direct burial under a minimum of twelve (12") inches of compacted soil.

b.

Shallow subsurface tilling or a similar technique approved by the Department. Sites proposed for shallow subsurface disposal shall have access restricted to the operator of the waterless toilet system, excluding children, pets, and persons not associated with the compost disposal, by fencing or other method approved by the Environmental Health Department. Surface distribution of end product prior to tilling shall be a maximum thickness of one-half (1.5) inch. Tilling shall be carried out immediately after surface distribution is completed. Surface distribution shall be timed to avoid sheet flows of water caused by rainfall.

Disposal of the waste on the property shall not be carried out by methods designated in Subsections 3.a or 3.b of Subparagraph E above whenever an individual with a communicable disease transmittable by blackwater is utilizing the system.

F.

Incinerating Toilet Waste Disposal Methods: Disposal of the material from an incinerating toilet shall be permitted by any of the methods listed above for the composting toilet, but shall also include disposal directly on the ground surface, so long as the waste has been completely reduced to an ash, and no odor is present.

G.

The waterless toilet shall be maintained and operated in a sanitary condition. Screening, mechanical parts and structural soundness shall be kept in working order.

H.

The following waste disposal methods for composting toilets are prohibited:

Shallow subsurface disposal in present or planned food crop growing areas or dairy pasture.

Any disposal in areas subject to seasonal water runoff or areas seasonally inundated by water, or any other application which could permit the discharge to come to flow into surface or subsurface water.

Application by any method within the setback distances applicable to sewage as referenced in the rules and regulations for private sewage systems pursuant to Section 15.01.170 of this Chapter.

Application which would lead to runoff from the composed material or ash flowing onto an adjacent property.

Any other manner which would otherwise result in a potential public health hazard or nuisance as determined by the Department of Environmental Health.

(Ord. 2531. (10/24/2023))

The plumbing of the structure serving the waterless toilet shall be such that the waterless toilet can be discontinued from use and the structure converted to a conventional flush toilet, or other methods of

disposal approved by the Environmental Health Director. Disposal of the wastes from a waterless toilet shall be prohibited under the following circumstances:

A.

During periods of ground saturation.

B.

When the waterless toilet is inoperative or malfunctioning.

C.

Upon revocation of the operating permit for the waterless toilet.

Waterless toilet waste shall be disposed of pursuant to Subsections E.1 and E.2 of Section 15.04.030 under these circumstances.

(Ord. 2531. (10/24/2023))

The calculation of the sewage disposal system sizing, including a one hundred percent (100%) repair area, shall not be reduced or downsized as a result of the use of a waterless toilet.

Exception: When an approved waterless toilet is used with an approved graywater and kitchen waste disposal system as permitted in other sections of this Chapter, no other type of septic system is required. The waterless toilet shall be sized for the maximum potential occupancy of the structure to be served.

(Ord. 2531. (10/24/2023))

A permit to utilize a waterless toilet in Nevada County may be revoked by the Environmental Health Department for any of the following reasons:

A.

Non-compliance by the permit holder with the standards of this Section.

B.

Evidence documented by the Environmental Health Department of the failure of the waterless toilet to meet design or operating specifications.

C.

Determination by the Environmental Health Department that waterless toilets of the type permitted have begun to show evidence of failure or have been shown to pose public health risk where permitted and/or installed.

D.

Determination by the Environmental Health Department that continued functioning of the waterless toilet poses an imminent health hazard.

E.

Excessive odors generated by either the waterless toilet or the application of the by-product.

(Ord. 181., (01/12/1993); Ord. 2531. (10/24/2023))

Fees for a waterless toilet permit shall be set by the Board of Supervisors by resolution.

(Ord. 1817. (01/121993); Ord. 2531. (10/24/2023))