San Anselmo Municipal Code Art. 2 Individual Sewage Disposal Systems

The provisions of this article are intended to insure that the disposal of sewage shall be accomplished in a safe and sanitary manner in order to protect the public health, safety and welfare to the greatest extent possible.

(Ord. 652, eff. September 27, 1973)

The provisions of this article shall be applicable to all individual sewage disposal systems proposed to be constructed after September 27, 1973. Any sewage disposal system for which a permit was previously issued pursuant to the former provisions of this article shall not be subject to the provisions of this article.

(Ord. 652, eff. September 27, 1973)

For the purposes of this article, certain words and phrases used in this article are defined as follows:

(a) "City Health Officer" shall mean the Marin County Health Officer or his authorized representatives.

(b) "Individual sewage disposal system" shall mean and include any system of piping, treatment devices, or other facilities (excluding chemical toilets) that store, convey, treat, or dispose of sewage which is discharged anywhere other than into a public sewer system.

(c) "Person" shall mean and include any person, firm, association, or corporation or any members, agents, or employees of any such person, firm, association, or corporation.

(d) "Public sewer system" shall mean any publicly owned and maintained system of sewage conveyance or piping, or any part thereof, that transports sewage away from the properties of origin to publicly owned and operated sewage treatment and disposal facilities.

* Article 2, entitled "Cesspools", consisting of Sections 5-4.201 through 5-4.203, codified from Ordinance No. 30, amended in its entirety by Ordinance No. 521, effective October 14, 1965. Article 2, entitled "Cesspools and Septic Tank Systems", consisting of Sections 54.201 through 5-4.214, added by Ordinance No. 521, effective October 14, 1965, as amended by Ordinance No. 528, effective April 21, 1966, repealed by Ordinance No. 652, effective September 27, 1973.

(e) "Sewage" shall mean any and all wastes or substances, liquid or solid, which contain or may be contaminated by human excreta, excrement, offal, or feculent matter or matters, or substances of any kind or nature that may be injurious or dangerous to health, either directly or indirectly.

(Ord. 652, eff. September 27, 1973)

It shall be unlawful for any person to do any of the following without first obtaining approval from the City Health Officer in accordance with the provisions of this article and the regulations issued hereunder:

(a) To construct, alter, repair, or replace an individual sewage disposal system or a component element thereof, which system is subject to the provisions of this article; and

(b) To construct, rebuild, use, occupy, or maintain any residence, place of business, or other structure where persons reside, congregate, or are employed, which structure is not provided with a means of disposal of sewage by connection to a public sewer system or which is not provided with a sewage disposal system for which a prior permit was issued under the former provisions of this article.

(Ord. 652, eff. September 27, 1973)

Sewage disposal shall be by means of a connection to a public sewer system if the nearest sewer is within 400 lineal feet of the parcel in which the structure generating the sewage is to be constructed. This requirement may be waived by the City Health Officer if he finds that a connection to a public sewer is legally or physically impossible. If the City Health Officer determines that a connection to a public sewer is unfeasible, an application may be filed for a permit for an alternative method of sewage disposal utilizing an individual sewage disposal system.

(Ord. 652, eff. September 27, 1973)

The City Health Officer is hereby authorized to issue regulations providing guidelines and criteria to carry out the purposes of this article. Such regulations shall be approved by the Council prior to their effectiveness. The City Health Officer is hereby authorized to waive any particular requirement imposed by such regulations if he determines that the general purposes of this article will be achieved by such waiver.

(Ord. 652, eff. September 27, 1973)

All applications for individual sewage disposal systems shall be submitted in writing to the City Health Officer on a form supplied by him. The application shall be accompanied by a fee of Twenty and no/100ths ($20.00) Dollars to assist in covering the costs of initial design review and field inspections. Such applications shall contain all appropriate information regarding the site and the proposed system.

(Ord. 652, eff. September 27, 1973)

If, after investigation, the City Health Officer determines that the construction of the proposed facility is in accordance with the terms of this article and any regulations issued pursuant thereto and will not be injurious to the public health and welfare, the City Health Officer shall approve or conditionally approve the application for an individual sewage disposal system. Such approval may be made subject to such conditions as the City Health Officer deems necessary to insure compliance with the provisions of this article and any regulations issued pursuant thereto. Any such approval shall become null and void under the following circumstances:

(a) The work authorized has not been commenced within one year after approval, unless an extension of an additional one year has been granted by the City Health Officer;

(b) The construction of the approved system is commenced but subsequently abandoned for a continuous period of ninety (90) days; or

(c) The construction of the approved system is not proceeding in accordance with the terms of approval.

(Ord. 652, eff. September 27, 1973)

If the individual sewage disposal system is completed in accordance with the terms of the City Health Officer's approval, a certificate of inspection shall be issued by the City Health Officer, which certificate shall be effective for a period of two (2) years. The City Health Officer may revoke any certificate issued pursuant to the provisions of this section if he determines that the individual sewage disposal system does not comply with the provisions of this article, the regulations issued hereunder, or the conditions of the certificate.

(Ord. 652, eff. September 27, 1973)

Every individual sewage disposal system constructed pursuant to the provisions of this article shall be subject to a biennial inspection to assure its continued proper functioning and for the purpose of renewing the certificate of inspection. The City Health Officer shall renew a certificate of inspection for a two (2) year period when the following conditions have been met:

(a) A report of inspection of the individual disposal system by an authorized inspector indicates that the system is operating in a satisfactory manner;

(b) Proof of a septic tank pumping by a licensed septic tank pumper is submitted when such pumping is required by the report of the inspector;

(c) Proof of repairs or alterations to an individual sewage disposal system is submitted when such repairs have been required by the report of the inspector; and

(d) A deposit of the Twenty and no/100ths ($20.00) Dollars renewal fee is made with the City Health Officer.

(Ord. 652, eff. September 27, 1973)

The certificate of inspection shall be recorded by the City Health Officer with the County Recorder, identifying the property by Assessor's parcel numbers. The certificate of inspection shall be transferable to a subsequent grantee or transferee of the property and shall be effective for the balance of the two (2) year period.

(Ord. 652, eff. September 27, 1973)

Following the biennial inspection required by the provisions of this article, if an individual sewage disposal system is found to be defective, the prior certificate of inspection may be extended for a period not to exceed six (6) months beyond its normal expiration date provided corrective measures, as recommended by the inspector, are being undertaken.

(Ord. 652, eff. September 27, 1973)

It shall be the duty of the City Health Officer or his duly authorized representative to enforce the provisions of this article and the regulations issued hereunder. He may enter any premises at any reasonable hour, with the owner's consent, to inspect the individual sewage disposal system to determine if it is functioning satisfactorily. Should for any reason, the owner's consent not be obtained, the City Health Officer shall first obtain an inspection warrant pursuant to applicable laws.

(Ord. 652, eff. September 27, 1973)

If an applicant or holder of a certificate of inspection is dissatisfied with any action or determination of the City Health Officer pursuant to the provisions of this article, such applicant or certificate holder shall have the right to appeal to the Council, in writing, within ten (10) days after notification of the action of the City Health Officer. Upon the receipt of such appeal, the Council shall set a hearing within fifteen (15) days. The appellant shall be given notice thereof at the address shown on the application by registered or certified mail. At the conclusion of the hearing, the Council shall render a decision which shall be final.

(Ord. 652, eff. September 27, 1973)

Violations of the provisions of this article shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(Ord. 652, eff. September 27, 1973)