SEARCH SCCgov

HOME | A-Z SERVICES | CONTACTS | FAQs | SUGGESTIONS | SITE MAP | ABOUT US   AGENCIES & DEPTS

County Connection |Handling Emergencies |Living and Working |Health and Human Care |Doing Business |Law and Justice

View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

CHAPTER IV.
ON-SITE SEWAGE DISPOSAL

ARTICLE 1.
GENERAL

Sec. B11-60. Intent and application.

The purpose of this chapter is to establish standards for the approval, installation, and operation of individual, on-site sewage disposal systems consistent with the appropriate California Regional Water Quality Control Board standards and basin plans. The standards are adopted so as to preclude the creation of health hazards and nuisance conditions and to protect surface and groundwater quality.

Individual, on-site sewage disposal systems may be considered for the treatment and disposal of domestic sewage where a sanitary sewer is not available consistent with the provisions of Section B11-62 of this chapter. Hazardous wastes must not be discharged into any individual, on-site sewage disposal system.

This chapter pertains to premises where there is proposed or exists a residence, place of business or other building or place which people occupy, or where persons congregate, reside or are employed and wherein the volume of waste produced is 2,500 gallons per day or less.

If the amount of waste produced is in excess of 2,500 gallons per day, or where a multiunit building containing more than five units is proposed, the method of treatment and disposal must be as approved by the appropriate California Regional Water Quality Control Board consistent with the requirements of Section B11-66 of this chapter. New divisions of land using septic tank systems must be limited to a minimum parcel size of one acre, or to a minimum parcel size of 2 1/2 acres if within a reservoir watershed.

For any subdivision of land the subdivider must clearly demonstrate that the use of the proposed on-site sewage disposal system will not adversely affect beneficial water uses and will be in the best public interest, feasible, effective and safe. This requirement is satisfied by showing that the on-site sewage disposal system design and siting will be consistent with Section B11-67 of this chapter.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-61. County not responsible for damage.

This chapter is not to be construed as imposing upon the County any liability or responsibility for damage resulting from the defective construction of any sewage disposal system as herein provided, nor will the County or any official or employee thereof be held as assuming any liability or responsibility by reason of the inspection authorized hereunder.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-62. Public sanitary sewer; connection to.

Every premises where there is proposed a residence, place of business, or other building or place which people occupy, or where persons congregate, reside, or are employed, and which abuts a street or alley in which there exists an approved sanitary sewer, or which property line is within 300 feet of an approved sanitary sewer, must be connected to the sanitary sewer in the most direct manner possible, provided a right-of-way and any necessary approval from the Santa Clara County Local Agency Formation Commission is first obtained. On property where an on-site sewage disposal system currently exists, connection to the available sanitary sewer will be required at the time of system failure or when the building is remodeled, increased in square footage or altered in a manner as to change uninhabitable space into habitable space provided any necessary approval from the Santa Clara County Local Agency Formation Commission is first obtained.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-63. Violations and penalties.

(a) No person may construct, add to, repair, alter or maintain any sewage disposal system, sewer pipes or conduits, or any other conduits for the treatment or discharge of sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health so as to cause any of the following to occur:

(1) Sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health to empty, flow, seep, or drain onto the surface of any land, or saturate the soil within 12 inches of the surface.

(2) Sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health to empty, flow, seep, drain into, or affect any well, spring, stream, river, lake, or other waters.

(3) Result in any condition which, in the opinion of the Director, is unsafe or dangerous, or creates a nuisance.

(b) A violation of this section is hereby declared a public nuisance.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-64. Reserved.

ARTICLE 2.
ON-SITE DISPOSAL SYSTEMS

Sec. B11-65. Private sewage disposal systems; when used.

(a) Every residence, place of business, or other building, or place where persons congregate, reside, or are employed, and which cannot be connected to a sanitary sewer, must be provided with a water flush toilet sewage disposal system. Where the volume of waste produced is in excess of 2,500 gallons per day or where more than five units are proposed, the sewage disposal system must be constructed, altered, reconstructed, and maintained as approved by the California Regional Water Quality Control Board having jurisdiction consistent with Section B11-66 of this chapter.

(b) Every residence, place of business, or other building, or place where persons congregate, reside, or are employed, and which cannot be connected to a sanitary sewer, must be provided with a water flush toilet sewage disposal system. Each detached living unit, except as otherwise provided below, must have its own sewage disposal system. Where the volume of waste produced is less than 2,500 gallons per day, the system must be constructed, altered, reconstructed, and maintained in a manner as to meet the requirements of Section B11-67 of this chapter.

Exceptions to the above may be granted by the Director as follows:

(1) Up to two agricultural employee living units, as defined in the Zoning Ordinance, may be connected to a single individual sewage disposal system.

(c) Every building, structure, or appurtenance that contains one or more waste producing fixtures such as toilets, sinks, showers or bathtubs, clothes washing machines, dish washing machines, animal wash pads, floor drains or other fixture or fittings intended to drain organic or inorganic waste material must be connected to an individual sewage disposal system that meets the requirements of this chapter.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-66. Sewage disposal systems subject to California Regional Water Quality Control Board waste discharge requirements; County permit required; fee.

Sewage disposal systems that are subject to the requirements and approval of the California Regional Water Quality Control Board are also subject to the approval of the Director. The proposed system must be designed to accommodate the waste discharge consistent with the requirements of the appropriate California Regional Water Quality Control Board. The Director will require engineered sewerage plans to be submitted by a registered civil engineer or a registered environmental health specialist with experience in on-site sewage system design before issuing a permit. A registered civil engineer or a registered environmental health specialist will:

(a) Be required to inspect the construction of the sewage disposal system and, upon completion, to submit a letter of certification to the Director verifying the proper installation and operation of the sewage disposal system; and

(b) Be responsible for sampling for a minimum period of one year consistent with the California Regional Water Quality Control Board waste discharge requirements.

The applicant must contract with a private sanitary engineering firm to ensure the proper maintenance of the sewage disposal system for the first five years of operation.

The applicant must obtain a permit and pay a fee in an amount as established by resolution of the Board of Supervisors.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-67. Private sewage disposal system.

(a) At any residence, place of business, or other building where there is installed a water flush toilet sewage disposal system which is not connected to an approved sanitary sewer, there must be installed a private on-site sewage disposal system consisting of a septic tank and subsurface leaching system for the disposal of the tank effluent. The septic tank and subsurface leaching system must be so constructed as to meet the requirements of construction and maintenance prescribed by this chapter and the rules and regulations of the Director.

(b) Sewage disposal systems must be installed in accordance with the plans approved by the Director. Any changes in the installation plans must be reviewed and approved by the Director or appropriate California Regional Quality Control Board prior to installation.

(c) No person may construct, add to, repair or alter any existing sewage disposal system without first submitting plans to the Director for approval and obtaining a permit pursuant to the requirements of this chapter.

(d) The septic tank effluent must discharge into an approved subsurface leaching system.

(e) Two leaching systems (dual leaching), each 100 percent of the total size required by the Director, must be installed and interconnected with an approved flow diversion device. A riser must extend from this device to or above the ground surface. This device must be rotated once each year so that each leaching system is dosed with septic tank effluent on alternate years.

(f) In addition to the dual leaching system, the Director reserves the authority to require that an additional area of the property suitable for 100 percent expansion of the subsurface leaching system, be designated and reserved.

(g) Sewage disposal systems must be located to be easily accessible for maintenance and repairs.

(h) At the discretion of the Director, an inspection riser may be required at the end of each drainline.

(i) The Director will require soil percolation tests and at least one soil boring or excavation per site. Additional exploratory tests or other information may be required to verify adequate depth of permeable soil and/or separation between trench bottom and groundwater. Where the Director has adequate evidence to demonstrate suitable permeable soil and groundwater separation, testing requirements may be waived.

(j) Soil percolation tests will be required on every parcel unless the Director determines, on a case-by-case basis, that a percolation test is not necessary. The Director will determine the percolation test method and the number and location of the percolation test borings.

(k) When a geological report is required by the County Geologist, it must be made available to the Director.

(l) A private sewage disposal system may not be approved or permitted when any of the following conditions exist:

(1) Less than ten feet of permeable soil exists beneath the bottom of the proposed leaching field trenches. Permeable soil is defined as having a percolation rate of 120 minutes per inch or faster or having a clay content of less than 60 percent;

(2) Any portion of the drainfield area has been covered with fill exceeding 12 inches in depth.

(3) The minimum distance between trench bottom and groundwater does not conform to the following:

Percolation Rate (minutes/inch)	Distance
Less than 1	Disapproved
1--5	20'
6--120	8'*
More than 120	Disapproved

*If the percolation rate is 31 to 120 minutes per inch and a wet weather groundwater investigation has been conducted pursuant to rules and regulations approved by the Director, the minimum separation between trench bottom and groundwater may be reduced to five feet.

(4) Soils or rock formations contain continuous channels, cracks or fractures.

(5) The area is subject to ponding or flooding. The definition of "area subject to flooding" is the Santa Clara Valley Water District's ten-year floodplain designation or areas observed to be subject to flooding from field observations.

(6) Slopes exceed 20 percent, except as otherwise provided in Section B11-83.

(7) The following setback distance requirements cannot be provided for the sewage disposal system:

____

Minimum Distances (in feet) Measured From:	Disposal Field	Septic Tank
All wells and springs	100	100
Watercourses* (top of bank)	100	100
Reservoirs (highwater mark)	200	200
Cuts or steep embankments (top of cut)	4 h**	10 feet
Steep slopes*** (break of slope)	4 h**	10 feet
Drainageway/swale (break of slope)	50	50
Foundation	10	5
Property line	10	10
Septic tanks	6	N/A
Swimming pool	10	10
Road easement, pavement, or driveway	5	5

*Watercourse--A running stream fed from permanent or natural sources, including rivers, creeks, runs, and rivulets. There must be a stream, usually flowing in a particular direction (though it need not flow continuously) in a definite channel, having a bed or banks and usually discharging into some stream or body of water.

**h equals the height of cut or embankment in feet. This setback distance requirement must not be less than 25 feet nor more than 100 feet.

***As defined by the Regional Water Quality Control Board having jurisdiction, but not exceeding 67 percent.

____

(m) No private sewage disposal system may be approved on any parcel of land where the percolation rate exceeds 120 min/inch or is less than one min/inch.

(n) No part of any private sewage disposal system may cross any property line.

(o) Upon notice from the Director that work on the sewage disposal system is being conducted in violation of this chapter, or in an unsafe or dangerous manner, the work must be immediately stopped. The stop-work order must be in writing and must be issued to the owner of the property involved, or to the owner's agent, or to the person doing the work. It must state the conditions under which work may be resumed.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-68. Plans.

Plans must include a contoured plot plan to a minimum scale of one inch to 20 feet. The plans must comply with and contain all information required by Santa Clara County Department of Environmental Health, Septic Tank Sewage Disposal System, Bulletin "A," and any additional information the Director may require. Any change in the plans after the issuance of a permit may invalidate the permit unless the changes are first approved by the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-69. Fees.

Permit fees for sewage disposal systems subject to this chapter and all related fees will be an amount as established by resolution of the Board of Supervisors.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-70. State contractor's license required for installation or repair; registration fee.

No person may install, construct, alter, enlarge, reconstruct, replace, improve, recondition or repair a private sewage disposal system pursuant to this chapter unless the person has done the following:

(a) Secured a general engineering contractor's license (Class A) as defined in Business and Professions Code § 7056, or a Class C-42 sanitation system contractor's license or Class C-36 plumbing contractor's license from the Contractors State License Board of the State of California; and

(b) Registered with the Director and paid a registration fee upon furnishing satisfactory proof to the Director as to the possession of a state contractor's license. The registration fee paid to the Director will be prescribed by resolution of the Board of Supervisors. Proof of a current valid license must be supplied to the Director by June 30 and biennially thereafter.

The property owner may construct or repair an on-site sewage disposal system on his/her own property, which system serves or will serve the building on the property that is neither being offered for sale nor intended to be so offered, provided: 1) persons hired by the owner to do the subject work must comply with Section B11-70(a) and (b); or 2) persons hired by the owner must be hired as employees of the owner and the owner must provide workman's compensation insurance, as required by law; and 3) a septic system permit is obtained.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-71. Refusal to issue building permit.

No building permit may be issued for any building requiring a sewage disposal system that is not to be connected to an approved sanitary sewer unless the applicant has received written approval of the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-72. Refusal to issue certification of occupancy.

(a) No certification of occupancy may be issued for any building that is not connected to an approved sanitary sewer without written approval of the Director for the on-site sewage disposal system.

(b) No person may occupy or otherwise use any premises or building that has not been connected to an approved sanitary sewer unless the Director has approved the method of sewage disposal.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-73. Reserved.

Sec. B11-74. Cumulative impact.

Where sewage disposal systems are installed or considered, groundwater mounding and watershed protection are factors to be considered. The Director may require additional geological studies or other information demonstrating to the satisfaction of the Director, that use of a subsurface leaching system will not do any of the following: permit sewage effluent to surface degrade water quality, create a nuisance, jeopardize other properties, affect soil stability, or present a threat to the public health or safety. The applicant must submit a technical report addressing each of these concerns. The report must be prepared by a state registered civil engineer with a soils and geological background or a state certified engineering geologist. The technical report must include but will not be limited to soil percolation rates, contours, soil depth, seasonal groundwater elevation(s), location of all existing or proposed ground cuts, rock formations, soil stability, drainage, a cumulative impact assessment, and other data as determined by the Director and the California Regional Water Quality Control Board having jurisdiction.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-75. Sewer wells; cesspools; seepage pits.

All sewer wells, cesspools, seepage pits, and similar excavations are hereby declared a public nuisance and are prohibited.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-76. Holding tanks.

All holding tanks are hereby declared a public nuisance and are prohibited.

(a) Exception to this prohibition may be granted by the Director:

(1) If it is necessary to use a holding tank to abate a nuisance or health hazard.

(2) If used in conjunction with a public sanitary sewer where there is an agreement between the public agency and the property owner for maintenance of the holding tank.

(3) In a nonresidential land use, vital to the public health, safety or welfare, wherein a conventional septic tank and drainfield cannot be approved and a holding tank is determined by the Director to provide the safest and most acceptable method of sewage disposal.

(b) Where exceptions are granted, the Director must also approve the tank pumper and maintenance schedule.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-77. Permit and sewage disposal plans; new construction; rebuilding; remodeling.

No person may construct, build, rebuild or remodel any residence, place of business, or other building or place where persons reside, congregate or are employed which is not to be connected to an approved sanitary sewer without first submitting plans of the sewage disposal system to the Director for approval and 1) obtaining approval of the proposed construction, building, rebuilding or remodeling to be served by an existing sewage disposal system, or 2) obtaining a sewage disposal construction permit pursuant to this chapter. The approval or permit cannot be transferred and expires one year after the date of issuance; except that the Director, upon a showing of good cause, may extend the approval or permit for any time not to exceed one additional year. Failure to obtain an approval or permit from the Director is a violation of this chapter.

The Director may revoke a permit or approval issued pursuant to this chapter in case of any false statement, or misrepresentation of fact in the application or on the plans on which the permit or approval was based.

(a) Septic tanks must be a minimum of 1,500 gallons with two compartments. For above-average sewage volumes, the Director may require a larger tank size to achieve sufficient holding time for the anticipated sewage load. The first compartment must be two-thirds the total tank volume. The compartments must be separated by a baffle or equivalent arrangement. The tank dimensions must be large enough to provide maximum settling and treatment.

(b) Septic tanks must be watertight and constructed of reinforced concrete, heavyweight reinforced concrete blocks, or other materials as approved by the Director. All interior surfaces must be coated with bitumastic or similar compound to minimize corrosion.

(c) Access to each septic tank compartment must be provided by a manhole at least 20 inches in diameter and having a durable handle to facilitate removal.

(d) A riser must extend from each manhole cover to or above the surface of the ground. The riser must be of a size larger than the manhole cover, be both gas- and water-tight, and be constructed of durable material.

(e) All connections from building to septic tank must conform to construction standards as required by the local Building Official.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-78. Solid pipe, joints and connections.

Pipe for sewage disposal systems must conform to the standards of the most recent edition of the Uniform Plumbing Code, which is adopted by reference into the County's building ordinances. Pipe diameter must be four inches. All solid pipe joints and connections must be glued, cemented or made with an elastomeric seal so as to be watertight.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-79. Distribution pipe.

Perforated pipe for distribution systems must conform to the most recent edition of the Uniform Plumbing Code, which is adopted by reference into the County's building ordinances. The pipe diameter must be four inches.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-80. Subsurface leaching systems requirements.

A subsurface leaching system must consist of trenches two feet in width, a minimum of three feet and a maximum of eight feet in depth, containing four-inch perforated sewage conductor pipe and filled with washed rock three-quarters to 2 1/2 inches in size. In addition, subsurface leaching systems are subject to the following requirements:

(a) Trenches must be placed in undisturbed earth and in an accessible area.

(b) The bottom of a trench must be level (zero to two inches maximum slope/100 lineal feet).

(c) Trenches must not be excavated when the soil is so wet that smearing or compaction occurs.

(d) In clay soils when glazing occurs, the trench surfaces must be scarified to the depth of the glazing and the loose material removed.

(e) Rock material in the trench must be washed and free of fines, and must be covered with untreated building paper prior to backfilling with natural earth.

(f) The minimum design volume must be 450 gallons per day for up to a three-bedroom dwelling; for each additional bedroom or potential bedroom, 150 gallons per day must be added.

(g) Commercial sewage disposal systems must be sized based on peak flows.

(h) Trench length for each leaching system must be determined by the following:

(1) # gallons of effluent/loading rate (gallons/square foot) = sq. ft. of trench

(2) sq. ft of trench/four square feet/lineal foot of trench system = lineal feet of trench per each half of dual system

Maximum Effluent Loading Rates of Soil Absorption Systems

Percolation Rate (minutes/inch*)	Max. Loading Rate (gallons/square foot/day)
Less than 1	System prohibited
1--10	0.56
11--20	0.45
21--30	0.30
31--40	0.26
41--60	0.23
61--120	0.20**
Greater than 120	System prohibited

*Average stabilized percolation rate.

**Sufficient area must be designated for 100 percent future expansion of the required dual leachfield system.

Regardless of the above, each half of the dual leaching system must be a minimum of 200 lineal feet. When sufficient information is available, the Director may designate the length of drainfield required in lieu of a percolation test.

Each linear foot of trench equates to four square feet of effective infiltrative surface based on full credit for each sidewall below the perforated drainpipe and one-half of the bottom area.

(i) Adjacent trenches on slopes must be connected with a watertight overflow line in a manner that allows each trench to be filled with sewage effluent to the depth of the rock before the sewage flows to the next lower trench.

(j) Trenches must be constructed in accordance with the following requirements:

Length of trench	Determined by percolation rate
Width of trench, in inches*	24
Depth of trench, in feet, minimum*	3
Depth of trench, in feet, maximum	8
Minimum cover over rock, in inches*	12
Spacing of trenches, center to center, in feet, minimum	10
Rock under pipe, in inches, minimum*	18
Rock over pipe, in inches*	2
Size of rock, in inches*	3/4--2 1/2

*Other materials may be substituted for drainrock in the leaching system trenches if it is determined by the Director that the material will serve the same function as drainrock as follows: 1) support the trench sidewalls and maintain the integrity of the infiltrative surface, and 2) provide adequate storage for septic tank effluent surges. Trench width and minimum depth may be modified to accommodate materials approved as drainrock substitutes, however the length, maximum depth and spacing between trenches may not be modified. Materials approved as drainrock substitutes must provide equivalent effective infiltrative surface consistent with Section B11-80(h) of this Code but in no case may the total length of trenches be less than that required for standard trenches as defined in this section.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-81. Construction inspections.

A stamped copy of the building plans for the approved sewage disposal system must be kept available at the jobsite during system installation and until the system passes final inspection by the Director. Inspections of each new installation must be made to ensure compliance with all the requirements of this Code. Requests for inspection must be made at least one business day in advance of the commencement of work. In the event the Director determines there has been an improper installation, a stop-work order may be posted on the jobsite. Before any further work is done on a posted system, clearance from the Director must be obtained.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-82. Posting of maintenance guidelines.

Upon final approval of the system, the Director will provide a card that must be posted on the premises showing the date that the system was finalized, system maintenance guidelines, and the telephone number of the Department.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-83. Slope variances.

(a) No subsurface leaching system may be constructed on slopes exceeding 20 percent. Variances to this slope requirement may be granted by the Director where the applicant can demonstrate, through a technical report and a complete engineering installation plan prepared by a state-registered civil engineer, a state-certified engineering geologist, or a state-registered environmental health specialist that use of a subsurface leaching system will not permit sewage effluent to surface, or will degrade water quality, create a nuisance, affect soil stability, or present a threat to the public health or safety. The technical report must include but not be limited to soil percolation rates, contours, soil depth, seasonal groundwater elevation(s), location of all existing or proposed ground cuts, rock formations, soil stability, drainage, and other data as determined by the Director and the California Regional Water Quality Control Board having jurisdiction.

(b) In addition to the provisions of Subsection (a) of this section, in all areas within the jurisdiction of the California Regional Water Quality Control Board, Region 3 (those areas that ultimately drain to the Pajaro River and Monterey Bay), no subsurface leaching system may be constructed on slopes exceeding 30 percent. Variances to this slope requirement may be granted by the California Regional Water Quality Control Board, Region 3, where the applicant can demonstrate through a technical report and complete engineering installation plan, as required in Subsection (a) of this section, that use of a subsurface leaching system will not permit sewage effluent to surface, degrade water quality, create a nuisance, affect soil stability, or present a threat to the public health or safety, and that the granting of a variance is necessary. The engineering plan and report must be approved by the Director prior to referral to the California Regional Water Quality Control Board for review.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-84. Life extending construction.

(a) Major expansion and/or major intensification of use. Where construction associated with an existing structure will result in a major expansion of the structure (greater than 500 cumulative square feet of all additions since March 2, 1982) or where the construction will result in a major intensification of the use of the property, the on-site sewage disposal system must meet the minimum prevailing sewage disposal requirements of this Code.

(b) Minor expansion. Where construction associated with an existing structure will result in a minor expansion of the structure (500 cumulative square feet or less of all additions) the Director will:

(1) Conduct an on-site inspection to determine adequacy and safe functioning of the existing sewage disposal system.

(2) Require exposure and pumping of the existing septic tank except where the applicant can document that the tank has been pumped within the last three years; a receipt for service from a licensed septic tank pumping firm may be considered sufficient documentation.

(3) Determine the location of existing leachlines and identification of area where future leachline expansion may occur; the septic tank file will then be updated.

(4) Require improvement and/or expansion of the existing sewage disposal system when, in the judgment of the Director, the system is determined to be inadequate to accept current and/or projected waste flows. The determinations are to be made based on size and functioning of the current system, coupled with slope, soil, hydrological, and related factors. Where inspection results in a determination that the sewage disposal system is failing, can reasonably be expected to fail or to contaminate surface waters or groundwaters, the Director will require the replacement or improvement of the sewage disposal system pursuant to Section B11-65 of this Code.

Where improvement and/or expansion of the sewage disposal system is required, but required repairs cannot be made, the Director will disallow the application.

(c) Remodeling or repair. Where the existing sewage disposal system does not meet requirements of this chapter, but is functioning safely and cannot be improved, construction will be limited to the remodeling or repair (as defined in the Uniform Building Code) of the existing structure provided:

(1) The construction will not constitute any expansion or intensification of the use of the property or structure.

(2) Construction will not result in conversion of uninhabitable area(s), such as a garage, deck, porch, patio, or similar area(s), to habitable area(s).

For purposes of implementing this section, the term "intensification of use" means a change that may place an additional demand on the sewage disposal system of a property. The magnitude of the intensification (major or minor) will be determined by the Director.

The restrictions in this section also apply in the event of accidental or natural damage to a structure.

For purposes of implementing this section, the terms "remodeling" and "repair" are as defined in the Uniform Building Code which is adopted by reference into the County's Building Ordinance.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-85. Abatement.

To the extent possible, failing sewage disposal systems must be brought into compliance with this Code. In case of any failure, malfunction or breakdown of any private sewage disposal system, if not corrected within a time designated by the Director, the Director may order or cause corrections to be made and bill the property owner for the costs and may place a lien on the property for the abatement costs. The Director may also order vacation of the premises if no safe manner of abatement is possible.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-86. Abandoned private sewage disposal systems.

Every private sewage disposal system that has been abandoned or has been discontinued from further use or to which no waste or waste discharge pipe from a plumbing fixture is connected must:

(a) Have the sewage removed from, and disposed of, in an approved manner.

(b) Have the tank top and bottom crushed, backfilled and compacted with material approved by the Director or be removed and disposed of in an approved manner.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-87. Notice of violation.

The Director may provide a notice of intent to record a notice of violation to the owner of property upon which a failing or substandard sewage disposal system exists. Notice will be provided to the property owner by mail at the address shown on the latest assessment roll or at any other address of the owner known to the Director. The notice will also be posted on the property. The notice will state that within 15 days of the date of the notice, the property owner may request a meeting with the Director to present evidence that a violation does not exist.

If within 15 days of the date of the notice the property owner does not request a meeting and the violation has not been corrected, or if, after considering the evidence presented by the property owner at the meeting, the Director determines that a code violation in fact exists, the Director may record a notice of violation in the office of the County Recorder. Upon recording the notice, the Director will notify the owner of the action. The notice is to inform all parties that no improvements, including building additions, can be approved while the failing or substandard sewage disposal system continues in operation.

At the request of any affected property owner and upon full payment of any fees established by resolution for recovery of associated enforcement costs and payment of any fee for the recordation of the notice of violation, the Director will issue a notice of expungement of violation upon proof to the Director that the noticed violation has been remedied. The notice of expungement may be recorded by the property owner at his or her expense.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-88. Appeal from denial, revocation or suspension.

Any appeal to the decision of the Director pursuant to this chapter must be made in writing to the Regional Water Quality Control Board having jurisdiction within 15 days after the decision is received by the applicant. A copy of the appeal must also be filed with the Director. The appeal must specifically describe the grounds upon which it is taken. The decision issued by the Regional Water Quality Control Board will be final.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-89. Reserved.

ARTICLE 3.
PRIVATE SEWAGE DISPOSAL WITHIN LEXINGTON BASIN

Sec. B11-90. Intent and findings.

The intent of the provisions of this article is to implement, in part or in whole, the recommendations contained in the Project Report for the Lexington Basin in Santa Clara County, dated September 1980, by James M. Montgomery, Consulting Engineers, Inc. The objective of the report was to evaluate the cumulative impacts of using on-site wastewater facilities in the Lexington Basin watershed in Santa Clara County. Based on the report's conclusions, the Board of Supervisors makes the following findings:

(a) That the continued use of the present septic systems and regulations in the Lexington Basin will result in significant water quality degradation of the local streams and will imperil the public health, safety and welfare.

(b) That alternatives to conventional septic systems are necessary in certain areas of the basin in order to protect the public health, safety and welfare.

(c) That development of vacant parcels in the basin proceed only according to certain guidelines, including minimum parcel sizes, maximum parcel slopes, and maximum waste water application rates in order to protect public health, safety and welfare.

(d) That further development of existing vacant parcels or new subdivision activity in Lake Canyon shown as subarea "Central Facilities--Collection System and Community Leach Field" on Figure 9-1 (revised October 16, 1980) of the above report will result in significant water quality degradation of local streams and will imperil the public health, safety and welfare.

(Ord. No. NS-517.72, § 2, 4-15-03)

Editor's note--The area to which the provisions of this article apply are designated on a map attached to the above report and designated "Apparent Best Alternative Figure 9-1" (revised October 16, 1980). A copy of the map is hereby adopted by reference and made a part hereof, and must be filed with the Clerk of the Board of Supervisors, and referred to hereinafter as Figure 9-1.

Sec. B11-91. General installation requirements.

(a) Sewage disposal systems must be installed in accordance with the plans approved by the Department. Any changes in the installation plan must be reviewed and approved by the Department prior to installation.

(b) No person may alter, modify, construct, reconstruct or repair any existing sewage disposal system without prior approval of the Department in accordance with the provisions of this article. For purposes of repair of failing or malfunctioning systems, Standard Design Criteria A herein will be used. In approving the repairs, the Department will have the power to allow a variance from Standard Design Criteria A to prevent unnecessary hardship when it is established that the work will significantly improve existing health and sanitation conditions.

(c) Where the subarea line, as shown on Figure 9-1, divides a lot, the determination of which subarea criteria will apply will be made by the Department.

(d) The sewage effluent must discharge into an approved subsurface leaching system.

(e) No sewage disposal leaching system will be allowed to be constructed on slopes exceeding 20 percent. Variances may be granted by the Department where the applicant can demonstrate, through a technical report prepared by a state-registered civil engineer (with soils and a geological background) or geologist that use of a soil absorption system will not surface in the absorption field or reserve area, create water quality problems, jeopardize contiguous properties, and affect soil stability. Technical reports must include but not be limited to soil percolation rates, contours, soil depth, seasonal groundwater water elevations, location of all existing or proposed ground cuts, rock formations and soil stability.

(f) In addition to the area required under this article for the installation of the leaching system, additional area upon the property must be available and reserved while also maintaining specified distances from property lines, buildings, wells and cut banks which will allow for 100 percent expansion of the subsurface leaching system.

(g) Two leaching systems (dual leaching fields), each 100 percent of the total size required by the Department must be installed and interconnected with an approved flow diversion device.

(h) Septic systems must be located so as to be easily accessible for maintenance and repairs.

(i) There must be a minimum of five feet of permeable soil beneath the leaching field.

(j) Installation of a sewage disposal system will not be permitted in areas where the groundwater table is within five feet of the bottom of the leaching system, or within areas subject to flooding.

(k) Sewage disposal systems must not be constructed in areas containing any fill material.

(l) The Department may require test holes, soil percolation tests or other exploratory tests as deemed necessary to verify soil suitability. Soil tests must be performed according to the Department standards.

(m) Where groundwater or bedrock is known or suspected to be within five feet of the bottom of the proposed leaching system, the Department may require soil borings or excavations to be made. The applicant must demonstrate the depth to water table or impermeable layer through the use of at least one field observation hole or through historical records acceptable to the Department. The borings or excavations must be available for inspection by the Department.

(n) No private sewage disposal system will be approved on any lot where the percolation rate exceeds 120 minutes per inch or is less than five minutes per inch.

(o) When a geological report is required by the County Geologist, it must be made available to the Department.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-92. Septic tank requirements.

(a) Septic tanks must be a minimum of 1,500 gallons with two compartments. For above-average sewage volumes, the Director may require a larger tank size to achieve sufficient holding time for the anticipated sewage load. The first compartment must be two-thirds the total tank volume. The compartments are to be separated by a baffle or equivalent arrangement. The tank dimensions must be large enough to provide maximum settling and treatment.

(b) Septic tanks must be watertight and constructed of reinforced concrete, heavyweight reinforced concrete blocks, or other materials as approved by the Director. All interior surfaces must be coated with bitumastic or similar compound to minimize corrosion.

(c) Access to each septic tank compartment must be provided by a manhole at least 20 inches in diameter and having a durable handle to facilitate removal.

(d) A riser must extend from each manhole cover to or above the surface of the ground. The riser must be of a size larger than the manhole cover, be both gas- and watertight, and be constructed of durable material.

(e) All connections from building to septic tank must conform to construction standards as required by the local Building Official.

(f) The minimum setbacks, in feet, for a septic tank are as follows:

Any well, spring or watercourse . . . . 100

Drainage swale (as measured from break of slope) . . . . 50

High-water mark of a reservoir . . . . 200

Cut bank (as measured from top of cut) . . . . 10

Property line . . . . 10

Foundation . . . . 10

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-93. Subsurface leaching system requirements.

A subsurface leaching system consists of a trench 24 inches in width, three feet in depth, containing perforated sewage conductor pipe and filled with rock.

(a) Trenches must be placed in natural earth and in an unobstructed area.

(b) Pipe used in the leaching area must be perforated, have a minimum four-inch diameter, and be of material approved by the Department.

(c) Rock material in the trench must be covered with untreated building paper prior to backfilling with earth.

(d) A minimum effective leaching area must be provided according to the following percolation rate schedule:

Percolation Rate (minutes per inch)	Minimum Length of Trench (feet) Per Side of Dual System
5--25	150
26--45	250
46--60	350
61--120	400

The above trench lengths are based on 400 gallons of effluent per day for a four-bedroom home. Additional bedrooms over four will require a 20 percent increase in the above minimum trench lengths for each bedroom.

(e) Two leaching systems (dual leaching), each 100 percent of the total size required by the Department must be installed and interconnected with an approved flow diversion device. This device must be rotated at least once every year.

(f) Adjacent trenches on slopes must be connected with a watertight overflow line in a manner that allows each trench to be filled with sewage to the depth of the rock before the sewage flows to the next lower trench.

(g) Trenches must be constructed in accordance with the following requirements:

Minimum Safe Distances From Leaching Trench (Distance in Feet)

Septic tank	6
Property line	10
Foundation	10
Waterline	10
High-water mark of reservoir	200
Watercourse, spring, and well	100
Drainage swale (as measured from break of slope)	50
Cut bank (as measured from top of cut), steep slope,* fill bank	4 times the height of cut bank, steep slope and fill bank, but not less than 25 feet nor more than 100 feet

*Steep slope means a slope of greater than 1 1/2 feet horizontal to one foot vertical (67 percent).

(h) Construction details:

Length of trench	Determined by percolation rate or Environmental Health Services
Width of trench	24 inches
Depth of trench	3 feet
Slope of trench	3 inches per 100 feet maximum
Minimum cover over rock	12 inches
Spacing of trenches	10 feet edge to edge or more based on slope
Rock under pipe	18 inches minimum
Rock over pipe	2 inches
Size of rock	1/2 inch to 2 1/2 inches

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-94. Additional requirements for private sewage disposal within subareas of Lexington Basin.

In addition to the requirements specified in Sections B11-91 through B11-93 above, sewage disposal systems proposed for the subareas as defined in the Project Report for the Lexington Basin of Santa Clara County, dated September 1980 (revised October 16, 1980), must follow specific design criteria as follows:

Subarea Location Design Criteria A (Standard Design Criteria A):
Item	Limitation
Maximum percolation rate	60 min/in
Minimum percolation rate	5 min/in
Minimum length of each leaching system (dual system)	150 lineal feet
Maximum average slope of lot	30 percent
Minimum lot size	1 acre
Subarea Location Design Criteria B:
Item	Limitation
Use Standard Design Criteria A except maximum average slope of lot	50 percent
Minimum lot size	5 acres
Except for lawfully created lots of 1 acre or larger in existence as of December 1, 1980
Subarea Location Design Criteria C:
Item	Limitation
Use Standard Design Criteria A except maximum average slope of lot	50 percent
Minimum lot size	20 acres
Except for lawfully created lots of 1 acre or larger in existence as of December 1, 1980
Subarea Location Design Criteria D:
Item	Limitation
Use Standard Design Criteria A except minimum lot size	5 acres
Except for lawfully created lots of 1 acre or larger in existence as of December 1, 1980
In addition to the required dual leaching system, an added amount of drain field equivalent to 100 percent of the initial system must be installed. This additional drain field will satisfy the requirement for the expansion area specified in Section B11-36(f).
Subarea Location Design Criteria E:
Item	Limitation
Use Standard Design Criteria A except maximum average slope of lot	40 percent
Minimum lot size	5 acres
Except for lawfully created lots of 1 acre or larger in existence as of December 1, 1980
Subarea Location Design Criteria F:
Item	Limitation
Use Standard Design Criteria A.

For the purposes of this section, "lawfully created lots" means all whole parcels described in recorded deeds as of June 25, 1969, provided that the parcels were not divided or created in violation of any County ordinance which existed at the time of the creation or division, and parcels created subsequent to June 25, 1969, pursuant to the provisions of the Subdivision Map Act (Government Code § 66410 et seq.). New parcels created by bona fide gift deed will be regarded as "lawfully created lots" for the purposes of this section only if the deed was recorded on or before December 1, 1980.

A lot will be deemed "in existence" as of December 1, 1980, for the purposes of this section if a tentative subdivision map has been approved on or before December 1, 1980, identifying the parcel and a final or parcel map is subsequently filed depicting the same lot.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-95. Lake Canyon area.

In the Lake Canyon area, subdivision or development on previously undeveloped parcels utilizing on-site individual sewage disposal systems is prohibited. Notwithstanding the above, the use of a community leach field as a common sewage disposal area for existing houses as well as new construction may be approved subject to suitability of the design and location of the community leach field and acceptance of the plan by the San Francisco Regional Water Quality Control Board.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-96--B11-99. Reserved.

__________

County Policy | Privacy Policy | Accessibility | Site Map | Contact Webmaster | Site Help All Content Copyright ©2009, the County of Santa Clara, CA