Poway Municipal Code Art. IV Permits and Inspections

The City of Poway has an overriding interest in planning and regulating the use of property within the City. Implicit in any plan or regulation is the City’s interest in maintaining the quality of life and the character of the City’s neighborhoods. Without adequate facilities for sewage disposal, sections of the City can quickly deteriorate, with tragic consequences to social, environmental and economic values.

A concentration of individual structures in certain areas of the City disposing of sewage into septic systems will cause such areas of the City to deteriorate and result in a threat to public health, safety and welfare. It is the City’s intent to protect and promote the health, safety and general welfare of the community by instituting a comprehensive ordinance for the issuance of building permits for the construction of any structure which may use for the disposal of sewage a septic system. It is further the intent of the City to assure the compatibility between the proposed structure or facilities and the particular site and other existing and potential uses within the general area.

Without the additional requirements imposed in PMC § 8.60.141, the building of additional structures using septic systems constitutes a current and immediate threat to the public health, safety and welfare of the community.

(Ord. 160, 1985)

No septic tank, settling tank, seepage pit, cesspool, subsurface tile line system, or any other subsurface sewage disposal unit or system, or any part thereof, shall be installed, constructed, reconstructed, repaired in any manner, or added to, in the City unless there is in effect a valid permit therefor issued by the Director of Public Services meeting all of the following requirements:

A. The Director of Public Services shall review and approve all septic system applications prior to submittal to the San Diego Health Department.

B. No septic system shall be installed on a parcel of land less than one acre in size, unless the Director of Public Services determines that the parcel cannot be economically served by City sewers and is in an area that has not experienced septic system failures in the past.

C. No septic system shall be installed within 200 feet of an intermittent stream unless the entire system, including leach lines, is a minimum of 10 vertical feet above the high water line. This requirement may be modified to meet the requirements of the San Diego County Health Department.

(Ord. 160, 1985; Ord. 180 § 1, 1985; Ord. 655 § 2, 2007)

A. Any person desiring to install, construct, reconstruct, repair or add to, a septic tank, settling tank, seepage pit, cesspool, subsurface tile line system, or other subsurface sewage disposal unit or system, or any part thereof, shall file with the Director a written application for a permit for such installation, construction, reconstruction, repair or addition. A separate application and permit for each installation shall be required. The application shall be made upon a form prescribed and furnished by the Director and shall be accompanied by an inspection fee set forth in this chapter. The application shall contain the following information and such other information as the Director may require:

1. Street name and number of the premises where the installation is to be made;

2. The name and address of the owner;

3. The name and address of the contractor who is to perform the work;

4. The size and type of the septic tank, settling tank, cesspool or other subsurface sewage disposal unit or system to be installed and the number of people it is to serve.

B. When required by the Health Officer, the application shall include or be accompanied by a plan or diagram showing the character and kind of installation to be made and the manner and location in which the work is to be done. The fee for filing all applications pursuant to this section shall be as set forth in PMC § 8.20.080.

(CC § 68.206; Ord. 29 § 1, 1981; CC Ord. 6378 § 23, 1982; Ord. 67 § 1, 1982)

The permit fee for land development applications that are processed without field investigation shall be as set forth in PMC § 8.20.080.

(CC § 68.206.1; Ord. 29 § 1, 1981; CC Ord. 6378 § 24, 1982; Ord. 67 § 1, 1982)

A. Whenever the Health Officer is requested to review and comment on any special project designated by the Department of Development Services, such as a conditional use permit, or any other special project or land development application, the applicant shall complete a written application furnished by the Health Officer requesting the review. This application shall be accompanied by a fee as set forth in PMC § 8.20.080 and any further documents required by the Health Officer to accomplish said review.

B. The Health Officer shall require an investigation be made to determine whether the special project complies with the rules and regulations of the Health Department and to the codes of the State and any regulations issued pursuant thereto pertaining to particular activities subject to regulation therein and whether the activity will result in a violation of such codes and regulations.

C. The Health Officer shall notify the applicant of his reasons for approval or denial in writing.

(CC § 68.206.2; Ord. 29 § 1, 1981; CC Ord. 6378 § 25, 1982; Ord. 67 § 1, 1982; Ord. 518, 1999)

A permittee to whom there has been issued pursuant to this chapter a permit for an installation to be made at a particular location may apply for a supplemental permit authorizing such work to be performed at a different location provided that no work has been commenced at the location specified in the original permit. The application for a supplemental permit shall be made on a form prescribed and furnished by the Director. On receipt of such application and a fee as set forth in PMC § 8.20.080, the Director may issue a supplemental permit authorizing the performance of work at the substituted location.

(CC § 68.207; Ord. 29 § 1, 1981; CC Ord. 6378 § 26, 1982; Ord. 67 § 1, 1982)

A. Upon receipt of such application, the Director shall make or cause to be made such investigation as he deems necessary. The Director may require the applicant for the permit to furnish him the report of an engineer registered in the State showing that soil percolation tests have been made by such engineer on the site of the proposed subsurface sewage disposal system or unit and the results of such tests.

B. If the Director determines that the location, area, soil porosity, groundwater level, density of population in the area, the number of persons to be served or other conditions would cause the operation of the subsurface sewage disposal unit or system described in the application to create an unsanitary condition endangering public health, he shall not issue the permit for which application was made. In such case the inspection fee shall be refunded.

(CC § 68.208; Ord. 29 § 1, 1981)

If, pursuant to PMC § 8.60.190, a percolation test or septic tank system layout is performed by the City, there shall be paid to the Department a fee as follows: For each septic tank layout submitted, the examination shall be as set forth in PMC § 8.20.080 and any reexamination required shall be as set forth in PMC § 8.20.080. For each percolation test the examination fee shall be as set forth in PMC § 8.20.080(P).

(CC § 68.208.1; Ord. 29 § 1, 1981; CC Ord. 6378 § 27, 1982; Ord. 67 § 1, 1982)

Permits issued pursuant to this chapter shall be void at the expiration of one year from the date of issuance.

(CC § 68.330; Ord. 29 § 1, 1981)

A. The Director may revoke any outstanding permit for the installation of an evapotranspiration type system which in the judgment of the Director is not adequate for the lot and its use.

B. Any permittee whose permit is revoked may file an appeal with the Clerk of the Board and shall be entitled to a hearing as prescribed by PMC § 5.04.110. The filing of such an appeal shall not stay the order of the Director revoking the permit.

(CC § 68.330.1; Ord. 29 § 1, 1981)

The Director shall inspect or cause to be inspected in a thorough manner all septic tanks, settling tanks, cesspools and other subsurface sewage disposal units or systems hereafter installed, constructed or reconstructed in the City. It shall be his duty to see that there is compliance with the terms and provisions of this chapter.

(CC § 68.331; Ord. 29 § 1, 1981)

As soon as the septic tank, settling tank, cesspool or other subsurface sewage disposal unit or system is installed and ready to receive its cover, the person to whom the permit for such unit or system was issued shall notify the Department that such unit or system is ready for inspection. As soon thereafter as practical, the Director shall make or cause to be made an inspection of the work. If the unit or system is approved by the Director, an inspection certificate shall be posted in a conspicuous place upon the property where the unit or system is located, which inspection certificate shall note the date and approval and the signature of the Director or the person making the inspection on his behalf.

(CC § 68.332; Ord. 29 § 1, 1981)

When an inspection has been ordered and the work is found to be not ready for inspection and approval, the Director shall cause an official notice to be posted on the job stating the changes necessary in order that the work will comply with the requirements of this chapter. As soon thereafter as practicable the owner or contractor shall cause the changes to be made and upon completion thereof shall notify the department that the unit or system is ready for reinspection. As soon thereafter as practicable the Director shall make or cause a reinspection to be made. If upon reinspection the work is approved, a certificate to that effect shall be posted as specified in this chapter. The fee for each reinspection shall be an amount as established by City Council resolution from time to time, which fee shall be paid to the Director.

(CC § 68.333; Ord. 29 § 1, 1981; Ord. 683 § 34, 2008)

A. Any person desiring the inspection of an existing septic tank, settling tank, cesspool, or other subsurface sewage disposal unit or system by the Director shall file with the Director a written request for such inspection accompanied by an inspection fee of an amount as established by City Council resolution from time to time. A separate request for each unit or system shall be required, and the request shall contain such information as the Director may require and shall be made upon a form prescribed and furnished by the Director.

B. As soon after the request is made as is practical, the Director shall make or cause to be made the requested inspection and shall determine whether the inspected unit or system functions satisfactorily in accordance with the provisions of this chapter. In the event that the unit or system is found not to function satisfactorily the Director shall upon written request make or cause to be made a reinspection, and the fee for each such reinspection shall be an amount as established by City Council resolution from time to time, payable to the Director in advance.

(CC § 68.336; Ord. 29 § 1, 1981; Ord. 683 § 35, 2008)