Chapter 16.10 — PRIVATE SEWAGE DISPOSAL SYSTEMS

It shall be unlawful to maintain, or use, 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, either by connection to a public sanitary sewerage system, or when it is judged permissible by the city and the health officer, a private sewage disposal system which meets the requirements of construction and

maintenance hereinafter described. It shall be unlawful to use or maintain a pit or vault privy excepting that no requirement herein shall prohibit the lawful use of portable chemical toilets on a temporary basis.

The objective of this chapter shall be provision of public sanitary sewerage facilities for every residence, place of business, or other building where persons reside, congregate, or are employed except where provision of such public sewerage facilities is not feasible. To this end, the city shall have the right to prohibit the installation of private sewage disposal systems in subdivisions except where, in the opinion of the city, installation of public sanitary sewerage facilities is clearly not feasible. The city shall also have the right to require a subdivider to deposit with the city a cash sum equal to the estimated total cost of construction of a sanitary sewer system to serve a proposed subdivision which is to be served initially by individual sewage disposal facilities, or require subdivider to construct an approved sanitary sewer system in addition to provision of individual sewage disposal facilities.

(Ord. 1927 (part), 1960: prior code § 30.01)

It shall be unlawful for any person to construct or maintain any cesspool, septic tank, sewage treatment works, sewer pipes or conduits, or other pipes or conduits for the treatment or discharge of sewage or impure waters or any matter or substance offensive, injurious or dangerous to health, whereby they shall do any of the following:

(a) Overflow any lands whatever.

(b) Empty, flow, seep, drain into or affect any springs, streams, rivers, lakes or other surface waters.

(c) Allow free access of insects, rodents, or other vermin to sewage or other waste matter.

(d) Produce an odor condition which, in the opinion of the city or the health officer, constitutes a public nuisance.

(Ord. 1927 (part), 1960: prior code § 30.02)

Every residence, place of residence, or other building or place where persons congregate, reside, or are employed, and which cannot reasonably, in the opinion of the city, be provided with a connection to a public sanitary sewerage system, shall be provided with a private water flush toilet and sewage disposal system by the owner or agent or occupant of the premises; said water flush-toilet system to be built or rebuilt, constructed, altered or reconstructed, and maintained in such manner as to meet the requirements of construction and maintenance herein described.

At any residence, place of business or other building where there is installed a water flush system or sewage disposal system which is not connected to a public sewer system, and where the customary population equivalent does not exceed fifteen in number, there shall be established or installed a private sewage disposal system, located entirely within the parcel of property to be served by such system, which shall be so constructed as to meet the requirements of construction and maintenance herein described.

(a) Septic Tanks. Septic tanks shall be of type, construction and location as recommended by the health officer. If it is necessary to install the tank above ground surface, it must be made airtight and odor-tight. The septic tank distribution box, if used, and all inlets and outlets thereto, shall be watertight.

Capacity shall be specified by the health officer. It shall be constructed of concrete, heart grade redwood, or some other material of equal durable and waterproof qualities approved by the health officer.

Effluent from tanks must discharge into an approved absorption field. The construction shall be such that the sewage shall at no time flow over the top of the ground. The absorption field shall be laid at a grade of not more than two inches in one hundred feet. The effluent lines shall be laid in a trench at least twenty-four inches wide, which has a layer of one to two-inch loose rock on the bottom at least twelve inches deep and at least four inches over the top of said effluent lines. Minimum length of the effluent leaching lines shall be two hundred feet. Additional length of effluent line may be required by the health officer if unusual conditions are encountered. In any case where the topography or area of any lot, piece or parcel of land upon which a septic tank is erected, maintained, constructed, or is proposed to be erected, maintained or constructed, is such that the minimum requirements for the length of effluent leaching lines cannot be complied with, the health officer may grant a special permit for the erection, construction or maintenance of shorter effluent leaching lines, or other means of effluent disposal, if in his judgment such other means or shorter effluent lines are sufficient to provide for the efficient disposal of the effluent without endangering public health or safety.

(b) Cesspools. It shall be unlawful to use a cesspool for the disposal of sewage without a special permit from the health officer.

(c) Sewer Wells. All sewer wells are hereby declared to be a public nuisance. It shall be unlawful to drill, construct, maintain or operate a sewer well.

(d) Other. Other types of private sewage disposal systems, utilizing either aerobic or anaerobic treatment processes, may be used with the approval of the health officer. The burden of proof regarding the efficacy and safety of a proposed disposal system will be upon the person who proposes such use.

At any residence, a place of business, or other building where there is installed a water flush system of sewage disposal, which is not connected to a public sewer system, and where the customary users exceed an equivalent population of fifteen in number, city may require that sewage disposal be governed by terms of a special agreement with the city. Construction, operation, and maintenance of such systems shall also be governed by requirements of a permit issued by the health officer.

Upon application for permit to install and use any private sewage disposal system not operated under terms of a special agreement with the city, applicant shall agree to maintain such system in accordance with requirements of Section 16.10.020. Further, applicant shall agree to provide the premises with a connection to a public sanitary sewerage system within a period of time, to be established by the city, following availability of such sewerage system.

The period of time to be allowed for connection to the public sewerage system shall be specified by the city at the time public sewerage facilities are made available. In no case shall the time allowed for connection exceed five years from the time sewerage facilities become available.

(Ord. 4642 § 24, 2000: Ord. 1927 (part), 1960: prior code § 30.03)

In locations where it is estimated by the city that public sewerage facilities will be made available within two years of the time of application for construction and use of a private sewage disposal system, the health officer may permit construction and use of a temporary sewage disposal system not conforming to the construction requirements of Section 16.10.030. By accepting a permit for a temporary sewage disposal system,

applicant agrees that he will:

(a) Construct such temporary system in accordance with requirements of the health officer.

(b) Maintain the system in accordance with the requirements of Section16.10.020.

(c) Abandon the temporary system and construct an approved permanent type private sewage disposal system if public sanitary sewerage facilities are not made available within six months of the estimated date given on the temporary permit. A time extension may be granted at the discretion of the city.

(d) Abandon the temporary system and connect to a public sanitary sewerage system within sixty days of the availability of such public system.

(e) If required by city, deposit with city a cash sum equivalent to the estimated total cost for providing sanitary sewerage service to the premises involved.

If public sewerage facilities are not made available within the estimated period, all funds deposited with the city will be returned to the applicant. Return of deposited funds will, however, be contingent on performance of requirement (c).

(Ord. 1927 (part), 1960: prior code § 30.04)

It shall be unlawful for any person, firm or corporation to construct, build, or rebuild any residence, place of residence, or other building or place where persons congregate, reside or are employed which is not to be connected to a public sanitary sewer without first submitting plans of the means of sewage disposal to the health officer, and obtaining a permit therefor as herein provided. Such plans shall include the plot plan of the premises with sufficient elevations, the size and type of septic tank, and a plan of the absorption field, giving all dimensions and other pertinent information. Every applicant for a permit shall pay to the health officer for each permit issued at the time of issuance such permit and investigation fees for each sewage disposal system as have been established by the health officer. In the investigation of a septic tank application, the health officer is empowered to require, at the expense of the applicant, such test holes, percolation tests, and other soil exploratory tests as he may deem necessary to ascertain the proper capacity and design of the septic tank and absorption field system.

(Ord. 1927 (part), 1960: prior code § 30.05)

No building permit 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 of the plan of the means of sewage disposal for said building.

(Ord. 1927 (part), 1960: prior code § 30.06)

It shall be the duty of the health officer to enforce the provisions of this chapter, and in the performance of this duty the health officer or his duly authorized agent is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this chapter.

(Ord. 1927 (part), 1960: prior code § 30.07)

This chapter shall not be construed as imposing upon the county of Santa Clara or the city of Palo Alto any liability or responsibility for damage resulting from the defective construction of any sanitary disposal system as herein provided, nor shall the county of Santa Clara, city of Palo Alto, or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder.

(Ord. 1927 (part), 1960: prior code § 30.08)

Every septic tank, cesspool, privy, or other sewage containing structure which has been discontinued from use shall have all sewage and other waste matter removed therefrom by a registered septic tank pumper and shall be completely filled with earth, sand, gravel, or other inorganic fill material. The entire top or cover of each structure shall be removed before backfilling and shall not be replaced. Backfilling of such structures shall be completed within thirty days of the time of abandonment and at no time shall an open excavation or access opening be left unattended without suitable and adequate barricades and protective devices.

(Ord. 1927 (part), 1960: prior code § 30.09)