Title 8 — HEALTH AND SANITATION›Chapter 8.56 — SEPTIC TANKS AND SEEPAGE PITS
Article II — GENERAL REQUIREMENTS
San Marcos Municipal Code · 2026-09 edition · updated 2026-09-30 · San Marcos
8.56.030 - Required Sanitary Fixtures.¶
Every building shall have the sinks, water closets and other sanitary fixtures and facilities required by Division 3, Title 5, of the County Code (County Plumbing Code).
8.56.040 - Sewage to be Disposed of According to Plumbing Code and this Chapter.¶
It shall be unlawful for any person to cause, suffer or permit the disposal of sewage, human excrement or other liquid wastes, in any place or manner except through and by means of an approved plumbing and drainage system and an approved sewage disposal system installed and maintained in accordance with the provisions of Division 3 of Title 5 of the County Code (County Plumbing Code) and this chapter. "Approved sewage disposal system" means a system that is functioning satisfactorily by disposing of all sewage underground.
8.56.050 - Plumbing and Drainage System to be Connected to Public Sewer if Available.¶
The plumbing and drainage system of every building hereafter constructed or reconstructed shall be connected to a public sewer if the property on which such building is located abuts a public sewer. When a public sewer is not available for use the plumbing and drainage
system of a building shall be connected to an approved private subsurface sewage disposal system. The type of system required shall be determined on the basis of location, area, soil porosity, the ground water level, the density of population in the area and shall be designed to receive and dispose of all sewage and liquid waste from the property served.
8.56.060 - Connection of Existing Buildings to Newly Installed Sewers.¶
No person shall maintain a septic tank, settling tank, cesspool or other subsurface sewage disposal unit or system on any premises adjacent to the public sewer; provided, however, that where a public sewer is installed adjacent to premises upon which there is located an existing building served by a septic tank, settling tank, cesspool or other subsurface disposal unit or system the Director may approve the continued use of such subsurface disposal system until such time as he deems that the public health and sanitation require the connection of such building to the public sewer and the discontinuance of the use or maintenance of such subsurface disposal system.
8.56.070 - Director May Authorize Sanitary Toilets in Isolated Areas.¶
For the temporary occupancy of buildings in isolated areas remote from any public highway, the Director may authorize the construction and use of an approved type sanitary toilet in lieu of connection to a public sewer or to a subsurface disposal unit or system installed in accordance with the provision of this chapter.
8.56.080 - Chapter Not Applicable to Building for Which Temporary Occupancy Permit Issued.¶
The provisions of this chapter requiring connection to a public sewer or to a subsurface disposal unit or system constructed in accordance with the provisions of this chapter shall not be applicable to a trailer, temporary building or an accessory building for which a temporary occupancy permit has been issued pursuant to Division 1 of Title 5 of the County Code (County Building Code) or Division 3 of said Title 5 (County Plumbing Code); provided however that the violation of any of the provisions or conditions of any such temporary occupancy permit shall constitute a violation of this chapter.
8.56.090 - Temporary Facilities.¶
Where the Director determines it is probable that a public sanitary sewer will become available to property within 24 months, the Director may issue a permit to the owner of such property authorizing the construction of a temporary sewage disposal facility provided the permittee executes and records in the office of the County Recorder an agreement with the Director providing:
(a)
That the permittee will connect the property to the sanitary sewer within 30 days after it becomes available to the property.
(b)
That if the sanitary sewer does not become available to the property within a period of time specified by the Director, the permittee will apply for a permit for and construct a septic tank and sewage disposal system in accordance with the provisions of this ordinance.
(c)
That the permittee will pump and remove all sewage from said temporary sewage disposal facility and fill said facility with soil or other material in a manner approved by the Director at the time the property is connected to the sanitary sewer or a septic tank and sewage disposal system specified in paragraph (b) of this section.
(d)
That in the event the property is sold or transferred before the connection of the property to said sanitary sewer is made, the said agreement with the Director shall be made a part of the contract to sell or transfer said property.
(e)
That the property will not be occupied until a sewage disposal facility has been installed and approved by the Director.
(f)
That the agreement with the Director shall be binding upon the owners, their heirs, administrators, executors, successors and assigns.
It shall be unlawful for any person bound by the terms of such agreement to violate any provision of such agreement.
8.56.100 - Application for Permits not to be Accepted for Lots Created on Basis of Available Sewers.¶
(a)
No application for a septic tank permit shall be accepted for any lot created by a subdivision in which the tentative map or tentative parcel map was approved or conditionally approved on the basis that sewer service would be available to such lot even if sewer service is, in fact, not available.
(b)
The Health Officer may waive the provisions of subsection (a) if the applicant agrees to furnish comprehensive soil analysis data satisfactory to the Health Officer, including hydrology studies where appropriate, to determine the cumulative effects of effluent disposal over the entire area subdivided or such larger area as may be determined to be reasonably necessary by the Health Officer.
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