24.17.080 Connection to public sewer system.

(1)    New Structures. Whether a new structure is required to connect to public sewer shall be governed by Section 40.370.010 or the municipal code if applicable, whichever is more restrictive. If Section 40.370.010 provides an exception for connection to public sewer, and allows connection to an on-site septic system, that system shall conform with applicable law.

(2)    Existing Structures. Whether an existing structure is required to connect to public sewer shall be governed by the following or municipal code if applicable, whichever is more restrictive:

(a)    Upon the failure of an existing OSS:

(i)    The local health officer shall require connection to a public sewer system when a public sewer system is available within two hundred (200) feet or less as measured along the usual or most feasible route of access to the residence or facility. The two hundred (200) feet includes the sewer lateral and any additional main line extensions required by the sewer utility.

(ii)    If the residence or facility is within two hundred (200) feet of public sewer as defined above, connection will be required unless:

(A)    The total cost of connecting to the sewer exceeds twice the cost of a conforming replacement OSS; and

(B)    A conforming OSS can be designed and installed; or

(C)    The sewer utility does not allow the sewer connection.

(iii)    An OSS that does not have sufficient space for a reserve area but is otherwise conforming so that it effectively treats effluent shall be considered a conforming system for the purpose of repair.

(iv)    The owner of a failure that cannot be made conforming shall abandon the OSS according to the requirements specified in Section 24.17.210, and connect the residence or other facility to a public sewer system when an adequate public sewer becomes available within two hundred (200) feet, as defined in subsection (2)(a)(vi) of this section, the residence or facility served by the failed OSS.

(v)    Illegal nonconforming systems shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.

(vi)    The two hundred (200) feet referenced above means as measured along the usual or most feasible route of access; to the residence or facility, and includes the sewer lateral and any additional main line extensions required by the sewer utility.

(3)     Municipal Wellhead Protection Areas. All applications for new or replacement OSSs will be screened by CCPH for proximity to designated municipal wellhead protection areas and any community Group A public well serving a municipality of Clark County, utilizing information provided by the jurisdiction having authority over that wellhead. When zones of contribution or wellhead protection areas have not yet been designated around municipal wells, a radius of one thousand (1,000) feet will be used as the interim zone of contribution.

(a)    Within a Municipal Wellhead Protection Area. Whether a new or existing structure is required to connect to public sewer shall be governed by the following, or municipal code if applicable, whichever is more restrictive:

(i)    For failing septic systems, subsection (2)(a)(ii) of this section shall be applied.

(ii)    If the proposed disposal component is within the one (1) year or one thousand (1,000) feet interim zone of contribution of a municipal well, the applicant will be required to connect to public sewer.

(iii)    If sewer is not available within two hundred (200) feet of the residence or facility as described by subsection (2)(a)(vi) of this section, an on-site sewage system may still be approvable if at least one (1) enhanced level of treatment is provided up to treatment level B or one (1) additional foot of vertical separation is available to provide additional treatment. (Sec. 9 of Ord. 2007-10-01; amended by Sec. 6 of Ord. 2021-11-05)