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TITLE 13: PUBLIC SERVICES
13.08. UNDERGROUND UTILITIES
13.04.020 County regulations adopted by reference
13.04.030 Connection to public sanitary sewer required
13.04.040 Permit required to construct or connect to sewer
13.04.050 Other activities requiring permits
13.04.060 Permit; application; fees
13.04.070 Permit; issuance
13.04.080 Permit; expiration and revocation
13.04.090 Permit; non-transferrability
13.04.110 Rules and regulations; formulation; conformance required
13.04.120 Building not connected to public sanitary sewer; building permit issuance
13.04.130 Building not connected to public sanitary sewer; occupancy permit issuance
13.04.140 Enforcement; right of entry
13.04.150 Repeal of conflicting provisions
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHEMICAL TOILET. Any toilet constructed, installed or placed for the purpose of depositing therein sewage which is disposed of, other than by discharge directly into a public sewer system.
HEALTH OFFICER. The county’s Health Officer or his or her authorized representatives.
PERSON. Any person, firm, association, corporation or any members, agents or employees of the foregoing.
SEWAGE. Any and all waste 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.
(Prior Code, § 13.04.010)
Marin County Ord. 1861, entitled “An Ordinance of the Board of Supervisors, of the County of Marin, Adding Chapter 18.06 to the Marin County Code, Providing Regulations for the Design and Maintenance of Individual Sewage Disposal Systems,” is adopted by reference thereto, pursuant to the provisions of Cal. Gov’t Code § 50022.9.
(Prior Code, § 13.04.020)
Every building where persons reside, congregate or are employed which is situated upon property, an extremity of which is within 400 feet (measured in a horizontal plane) of an approved public sanitary sewer, shall be connected to the sewer by the owner of the premises.
(Prior Code, § 13.04.030)
(A) No person shall connect any sewer with or build or construct any sewer connecting with or make any opening in or make any connection whatsoever with any sewer under the jurisdiction of the town without having first obtained a permit therefor from the Superintendent of Streets.
(B) All sewer permits shall be issued in accordance with any regulations prescribed therefor by the Town Council.
(Prior Code, § 13.04.040)
It is unlawful for any person to do any of the following unless a property is over 400 feet from an approved public sanitary sewer without having first secured a permit therefor from the health officer:
(A) Construct, rebuild, use, occupy or maintain 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 by connection to a public sewer system;
(B) Construct or maintain any sewage treatment works, sewer pipes or conduits or other facilities for the treatment or discharge of sewage or impure waters or any other matter or substance offensive, injurious or dangerous to health;
(C) Construct, enlarge, alter, repair, improve or replace a septic tank, seepage pit, cesspool, drainage field, leaching system or any other type of individual sewage disposal system or any part thereof; and
(D) Install or place a chemical toilet in or upon any property for any purpose other than for temporary use in connection with the construction of a building or other structure during the period of the construction.
(Prior Code, § 13.04.050)
(A) All applications for permits shall be in writing on a form supplied by the county’s Health Department and shall be accompanied by fees as set by resolution of the Town Council.
(B) All applications shall be accompanied by plot plans showing size and type of the proposed installation, the site thereof and the work to be done, in detail.
(Prior Code, § 13.04.060)
(A) If, after investigation, the Health Officer determines that the installation of the proposed facility is in accordance with the terms of this chapter, and any regulations issued pursuant thereto, and will not be injurious to the public health and welfare, he or she shall issue a permit.
(B) All permits may be made subject to such conditions as the Health Officer deems necessary to ensure compliance with this chapter and protection of the public health and welfare.
(Prior Code, § 13.04.070)
(1) Any permit issued pursuant to this chapter shall expire and become null and void under the following circumstances:
(a) If the work authorized therein has not been commenced within 90 days after the permit has been issued. A maximum extension of 90 days may be granted to the permittee by the Health Officer.
(b) If, after commencement of the installation, repair or modification of a sewage disposal system authorized by a permit and before completion thereof, the project is abandoned for a continuous period of 90 days, then the permit thereafter shall become null and void.
(2) Upon the expiration of any permit as herein provided, no further work may be done in connection with the installation, repair or modification of the sewage disposal system unless and until a new permit for such purpose is obtained.
(B) Revocation. The Health Officer may revoke any permit issued under this chapter if he or she determines that the permittee is acting in contravention of the provisions of this chapter or the conditions of the permit.
(Prior Code, § 13.04.080)
Any permits issued under this chapter may not be transferred from person to person or location to location.
(Prior Code, § 13.04.090)
(A) In the event that any applicant or permittee is for any reason dissatisfied with the actions of the Health Officer by reason of failure to grant a permit, revocation of a permit or imposition of any conditions
relating to the permit, the applicant or permittee shall have the right to appeal to the Town Council, in writing, within ten days after notification of the action of the Health Officer.
(B) Upon receipt of an appeal, the Town Council shall call a hearing within 15 days from receipt of the appeal and give the appellant notice thereof by registered or certified mail addressed to the appellant at the address shown on the application or permit.
(C) At the conclusion of the hearing, the Town Council shall render a decision, which decision shall be final.
(Prior Code, § 13.04.100)
(A) (1) In order to carry out the purposes and intent of this chapter, the Health Officer is authorized to make and publish such regulations as are necessary to give effect to the purpose of this chapter.
(2) The regulations shall be effective when approved by the Town Council of the town.
(B) The type and manner of installation, construction, repair or modification of sewage disposal systems shall substantially conform to regulations issued by the county’s Health Officer.
(Prior Code, § 13.04.110)
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.
(Prior Code, § 13.04.120)
No occupancy shall be permitted in any building which is not to be connected to an approved public sanitary sewer without the written approval of the Health Officer.
(Prior Code, § 13.04.130)
It is the duty of the county’s Health Officer to enforce the provisions of this chapter, and, in the performance of this duty, the Health Officer or his or her duly authorized agents are authorized to enter, at any reasonable hour, any premises whereon he or she has reasonable cause to believe that a violation of such provisions exists.
(Prior Code, § 13.04.140)
All ordinances and resolutions or parts of ordinances and resolutions in conflict with the provisions of this chapter are repealed.
(Prior Code, § 13.04.150)