San Bernardino County Municipal Code Art. 4 Sewage Holding Tanks

The purpose of this Article is to ensure that sewage holding tanks are installed and utilized so as not to create a danger to the public health or safety. Pursuant to the authority cited in San Bernardino County Code Title 3, Division 3, Chapter 1, Health and Safety Code §§ 5400 et seq. (Sewage and Other Waste), and other applicable State law, the Division of Environmental Health Services (DEHS) of the County of San Bernardino is designated as the enforcement authority for the purposes of this Article.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

Definitions herein shall supplement all definitions in San Bernardino County Code Title 3, Division 3, Chapters 1 and 3.

APPLICANT or PROPERTY OWNER. The person or entity who is the owner of record of the land for which a permit for a sewage holding tank has been sought.

CONTAMINATION. An impairment of the quality of waters within the unincorporated area of the County of San Bernardino by wastes or other degrading elements to any degree which creates a hazard to the public health through the possibility of poisoning or the spread of disease.

DISTRICT. Any sanitation district governed by the Board of Supervisors of the County of San Bernardino.

POLLUTION. An alteration of the quality of the waters within the unincorporated area of the County of San Bernardino by waste to a degree which adversely affects: (1) Such water for beneficial uses; (2) Facilities which serve such beneficial uses. POLLUTION may include contamination.

SEPTIC TANK PUMPER. Any person subject to Article 3 of this Chapter (beginning with § 33.0850) and holding such DEHS permit.

SEWAGE. A combination of liquid wastes which may include chemicals, house waste, human excreta, animal or vegetable matter, and other solids in suspension or solution, which are discharged from a dwelling, building, or other establishment.

SEWAGE HOLDING TANK. A watertight-covered receptacle designed to receive, and temporarily store, the discharge of sewage prior to periodic removal of its contents to an approved permanent disposal site. This does not include holding tanks used for the purpose of collecting and reusing graywater.

SEWERING ENTITY. Any public agency which operates sewage collection and treatment facilities.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

No person or entity shall install, utilize, or control the use of any sewage holding tank within the unincorporated area of the County of San Bernardino for the confinement of sewage discharged from a dwelling, business establishment, or other facility except upon conditions provided in § 33.0873 herein and possessing a current unsuspended, unrevoked permit to do so from DEHS pursuant to the procedures set forth in San Bernardino County Code Title 3, Division 3, Chapter 2 and paying fees to DEHS in accordance with the San Bernardino County Code Schedule of Fees.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

A permit to install, utilize or control a sewage holding tank may be granted by DEHS upon the following conditions:

(a) The property for which the permit is requested is within the boundaries or sphere of influence of a district or sewering entity pursuant to § 33.0876 herein, and the property is unsuitable for a conventional sewage disposal system. For an existing dwelling, business establishment or other facility not within the boundaries or sphere of influence of a sewering entity, an exemption from the requirement to be within the boundaries of a sewering entity may be granted by DEHS in order to eliminate a hazardous condition or code violation where no other acceptable means of sewage disposal is feasible or available.

(b) A completed sewage holding tank application, including documentation that all required conditions of San Bernardino Code §§ 33.0876, 33.0877 and 33.0880 have been completed.

(c) Any cash bond required by § 33.0878 herein has been posted with the appropriate agency or with DEHS.

(d) The Division of Building and Safety of San Bernardino County has reviewed the proposed installation and found that the standards adopted in § 33.0879 herein have been met.

(e) The existence of a sewage holding tank on a property has been recorded on the real property pursuant to Government Code §§ 27280 et seq. or in a manner approved by DEHS.

(f) For an existing dwelling, business establishment or other facility not within the boundaries or sphere of influence of a sewering entity, an exemption may be granted by DEHS in order to eliminate a hazardous condition or code violation, where no other acceptable means of sewage disposal is feasible or available.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

Nothing in this Article precludes the sewering entity or district from providing direct services, contracting with another sewering entity or district, or contracting with a private agency to carry out the provisions of this Article.

The following written agreements shall be satisfactorily completed and signed by the appropriate official representing the sewering entity, and filed with DEHS prior to the issuance of any permit.

(a) Subsequent to issuance of an operational permit, notice of the existence of a sewage holding tank as the approved means of sewage disposal for a property will be recorded by DEHS. The application for the permit shall serve as recordation notice and the signature of the property owner shall signify the owner(s) agreement to this recordation action. The cost of recordation shall be per the San Bernardino County Schedule of Fees.

(b) For all sewage holding tanks with operating permits that were installed prior to July 1, 1995, notice of the existence of a sewage holding tank on a property will be recorded by DEHS. Prior to recording notice of the existence of a sewage holding tank on a property, notice shall be sent to the owner of the property by mail at the address shown on the latest assessment roll or at any other address known to DEHS. Within 20 days of the date of the notice, the owner may present evidence that a sewage holding tank does not exist on the property. The cost of recordation shall be per the San Bernardino County Schedule of Fees.

(c) That the number of sewage holding tanks permitted by the district or sewering entity is not exceeded by the addition of the applicant’s proposed sewage holding tank.

(d) That the sewering entity or district is authorized to hold any bond required as per § 33.0876 herein and to utilize said bond to render services necessary to eliminate any hazardous condition created by the applicant’s sewage holding tank.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

A written agreement with DEHS covering the following shall be satisfactorily completed and signed by all property owners utilizing the proposed sewage holding tank and filed with DEHS prior to the issuance of any DEHS permit.

(a) Properties served by a sewage holding tank shall be subject an annual operating permit fee, as set forth in the San Bernardino County Schedule of Fees, to pay the cost of routine inspections and program administration.

(b) Pursuant to Health and Safety Code §§ 101325 and 101340, where a permitted sewage holding tank is located on real property owned by the operator of a business, the property will be assessed the operating permit fee under the following circumstances:

(1) On all newly approved holding tanks;

(2) On existing holding tanks, when the property is transferred to a new owner;

(3) On existing holding tanks, when the operating permits fees have not been paid for 60 days or more beyond the permit expiration date.

(c) Pursuant to Health and Safety Code § 101345. in those instances where direct assessment is not authorized by Health and Safety Code § 101325, the DEHS may record a certificate specifying the amount, interest, penalty due and the name and last known address of the person liable for the permit fee. From the time of recordation of the certificate, the amount required to be paid constitutes a lien upon all real property in the County of San Bernardino owned or thereafter acquired by the liable person, which lien shall have the force, effect and priority of a judgment lien and shall continue for ten years from the time of recording. Prior to recording the lien, the DEHS shall determine that the operating permit fees have not been paid for 60 days or more beyond the permit expiration date and shall notify the person liable for the fees by certified mail of the intent to record such certificate.

(d) If the appropriate Regional Water Quality Control Board adopts rules or regulations which prohibit or curtail the use of sewage holding tanks, thereby rendering the property unavailable for occupancy, the County of San Bernardino shall be held harmless from the results of such action.

(e) If sewage collection lines become available for service to properties utilizing a sewage holding tank, the property owner shall connect within 90 days to the sewage collection line and abandon the sewage holding tank in accordance with the provisions of § 33.0879 of this Article.

(f) If property containing a sewage holding tank is sold, the present property owner shall notify the new property owner of the DEHS requirement to obtain a new permit. DEHS shall give the new property owner written notice of the permit conditions to be completed prior to occupancy of the property.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

DEHS may require a cash bond, in the amount specified in the San Bernardino County Code Schedule of Fees, to be posted with DEHS or other appropriate agency. DEHS or the appropriate agency may utilize the bond to render services necessary to eliminate any hazardous conditions created by the sewage holding tank which the property owner has failed to correct within 48 hours of being given notice by DEHS. If the required bond amount is increased in the Fee Schedule, the increase in the bond amount shall be provided upon demand by DEHS.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

The standards for the design criteria, location, and installation of the sewage holding tank shall be those contained within the County of San Bernardino Division of Building and Safety’s handout entitled, “Guidelines for Design and Installation of Temporary Sewage Waste Holding Tanks,” revised June 16, 1993, or the current edition of such publication of this jurisdiction, copies of which are on file in the Office of the Clerk of the Board of Supervisors. The Division of Building and Safety shall approve all plans for the design, location and installation of sewage holding tanks.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

A copy of the current maintenance contract with a septic tank pumper required pursuant to § 33.0877 herein shall be placed on file with DEHS and shall include the following terms:

(a) A minimum of one inspection of the sewage holding tank per month with servicing (pumping) as necessary;

(b) That the pumper shall provide all emergency servicing required;

(c) In the event the contract is cancelled or property ownership changes, the septic tank pumper shall immediately notify DEHS of the cancellation or change in ownership.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

If DEHS or any agency orders the abandonment of the sewage holding tank, or if connection is made to sanitary sewers, the permittee operating a sewage holding tank shall abandon the sewage holding tank. Abandonment means having the contents removed from the property by a septic tank pumper and either: (1) Removing the tank from the property; or (2) Backfilling the tank with a material acceptable to the San Bernardino County Division of Building and Safety. The abandonment operation shall be conducted under a valid permit from the Division of Building and Safety.

DEHS shall, upon payment by the property owner of fees per the San Bernardino County Schedule of Fees, record notice of removal of the holding tank with the County Recorder.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)

It shall be unlawful for any person or entity to violate any provision of this Article. Except as provided herein, all administration, enforcement, remedies, and penalties as to this Article shall be as provided in San Bernardino County Code Title 3, Division 3, Chapters 1, 2, and 3 or as otherwise as provided by law.

(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)