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, but requires 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 of the property line of the residence or facility served by the failed OSS.

(ii)    If the property line of the residence or facility is within two hundred (200) feet of public sewer, 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.

(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 of the nearest property line of 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 shall be measured from the closest public sewer to the closest property line as measured along the usual or most feasible route of access.

(b)    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. If the proposed site is or appears to be within the ten (10) year zone of contribution of a municipal well, the applicant will be required to connect to public sewer. 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. If sewer is not available within three hundred (300) feet of the residence or facility, 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. (Sec. 9 of Ord. 2007-10-01)