Chapter 3.05
SANITARY CODE

Sections:

Article I. Definitions

3.05.010    Definitions.

Article II. General Provisions

3.05.020    Rules and regulations.

3.05.030    Purpose.

3.05.040    Short title.

3.05.050    Violation unlawful.

3.05.060    Relief on application.

3.05.070    Relief on own motion.

3.05.080    District Inspector.

3.05.090    Permits and fees.

Article III. Use of Public Sewers Required

3.05.100    Disposal of wastes.

3.05.110    Treatment of wastes required.

3.05.120    Unlawful disposal.

3.05.130    Occupancy prohibited.

3.05.140    Sewer connection, when mandatory.

Article IV. Private Sewage Disposal

3.05.150    Sewer not available.

3.05.160    Permit required.

3.05.170    Inspection required.

3.05.180    Design requirements.

3.05.190    Abandonment of facilities.

3.05.200    Cost of maintenance by owner.

3.05.210    Additional requirements.

3.05.220    Additional enforcement measures.

Article V. Uniform Plumbing Code

3.05.230    Uniform Plumbing Code adopted.

3.05.240    Administrative authority.

Article VI. Lateral Sewers and Connections

3.05.250    Permit required.

3.05.260    Construction requirements.

3.05.270    Minimum size and slope.

3.05.280    Separate sewers.

3.05.290    Cleanouts.

3.05.300    Sewer too low.

3.05.310    Connection to public sewer.

3.05.320    Protection of excavation.

3.05.330    Maintenance of lateral sewer.

3.05.340    Lateral sewer inspection upon connection permit application.

3.05.350    Events requiring a lateral sewer inspection – All properties.

3.05.360    Installation of backflow check valve device.

3.05.370    Sanitary sewer lateral overflows and stoppages.

Article VII. Public Sewer Construction

3.05.380    Permit required.

3.05.390    Plans, profiles and specifications required.

3.05.400    Subdivisions.

3.05.410    Easements or rights-of-way.

3.05.420    Persons authorized to perform work.

3.05.430    Grade stakes.

3.05.440    Compliance with local regulations.

3.05.450    Protection of excavation.

3.05.460    Design and construction standards.

3.05.470    Completion of sewer required.

Article VIII. Use of Public Sewers

3.05.480    Drainage into sanitary sewers prohibited.

3.05.490    Use of storm sewers required.

3.05.500    Types of wastes prohibited.

3.05.510    Interceptors required.

3.05.520    Maintenance of interceptors.

3.05.530    Preliminary treatment of wastes.

3.05.540    Maintenance of pretreatment facilities.

3.05.550    Control manholes.

3.05.560    Measurements and tests.

3.05.570    Special agreements – Private facilities.

3.05.580    Special agreements – Public facilities.

3.05.590    Swimming pools.

Article IX. Permits and Fees

3.05.600    Permit required.

3.05.610    Application for permit.

3.05.620    Compliance with permit.

3.05.630    Agreement.

3.05.640    Classes of permits.

3.05.650    Fees – Annexation charges.

3.05.660    Basic connection charge.

3.05.670    Fees – Connection charges.

3.05.680    Special connection charges.

3.05.690    Sewer permit and inspection charges.

3.05.700    Bond – Public sewer construction.

3.05.710    Disposition of fees.

3.05.720    All work to be inspected.

3.05.730    Notification.

3.05.740    Condemned work.

3.05.750    All costs paid by owner.

3.05.760    Outside sewers.

3.05.770    Permit optional.

3.05.780    Special outside agreements.

3.05.790    Street excavation permit.

3.05.800    Liability.

3.05.810    Time limit on permits.

Article X. Enforcement

3.05.820    Violation.

3.05.830    Public nuisance.

3.05.840    Disconnection.

3.05.850    Public nuisance abatement.

3.05.860    Means of enforcement only.

3.05.870    Punishment for violation of prohibited discharges – Misdemeanor.

3.05.880    Liability for violation.

Article XI. Miscellaneous Provisions

3.05.890    Protection from damage.

3.05.900    Powers and authorities of inspectors.

3.05.910    Interpretation and enforcement of SD5MCC 3.05.190.

Exhibit A    Schedule of Connection Fee Charges

Prior legislation: Ord. 59-9.

Article I. Definitions

3.05.010 Definitions.

Additional Definitions. For the purpose of this chapter, additional terms not defined herein shall have the meaning indicated in Chapter 2 of the 2013 California Uniform Plumbing Code as adopted herein.

“Applicant” shall mean the person making application for a permit and shall be the owner of premises to be served by the sewer for which a permit is requested, or his authorized agent.

“Board” shall mean the Sanitary Board of said District.

“Building” shall mean any structure or vessel used for human habitation or a place of business, recreation or other purpose containing sanitary facilities. For the purpose of establishing the basic connection charge, as herein provided, each unit is deemed a separate building.

“City” shall mean the City of Belvedere.

“Combined sewer” shall mean a sewer receiving both surface runoff and sewage.

“Contractor” shall mean an individual, firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under the permit.

“County” shall mean the County of Marin, California.

“District” shall mean Sanitary District No. 5 of Marin County, California.

“District Engineer” shall mean the engineer appointed by and acting for the Board and shall be a registered civil engineer.

“District Inspector” shall mean the inspector acting for the Board and may be a contractor hired by the District, the District Inspector or any other individual appointed by the District Manager.

“District Secretary” shall mean the Secretary of the Board.

“Fixture unit” shall mean fixture unit load values for drainage piping and shall be computed from Chapter 4 of the 2013 California Uniform Plumbing Code adopted herein.

“Garbage” shall include any or all of the following: garbage, swill, refuse, cans, bottles, papers, vegetable matter, carcasses of dead animals, offal, trash, rubbish and radioactive waste material.

“Industrial waste” shall mean any and all liquid or solid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature.

“Lateral sewer” shall mean that portion of any sewer beginning at the plumbing or drainage outlet of any building or industrial facility and terminating at the main sewer.

“Main sewer” shall mean a public sewer designed to accommodate more than one lateral sewer.

“Outside sewer” shall mean a sanitary sewer beyond the limits of the District not subject to the control or jurisdiction of the District.

“Permit” shall mean any written authorization required pursuant to this or any other regulation of the District.

“Person” shall mean any human being, individual, firm, company, partnership, association, private or public or municipal corporation, the United States of America, the State of California, and any district, political subdivision, governmental agency and mandatory thereof.

“Private sewer” shall mean a sewer serving one or more buildings or industrial facilities that is not connected with a public sewer. Examples of private sewers include, but are not limited to: septic tanks, cesspools, anaerobic tanks, chemical processes, privies, privy vaults, seepage pits, and any other facility intended or used for the disposal of sewage.

“Public sewer” shall mean a sewer lying within a street and which is controlled by or under the jurisdiction of the District.

“Sanitary sewer” shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

“Sewage” shall mean any and all waste substances, liquid or solid, associated with human habitation or which contain or may be contaminated with human or animal excreta or excrement, offal, or any feculent matter.

“Sewage treatment plant” shall mean any arrangement of devices and structures used for treating sewage.

“Sewage works” shall mean all facilities owned or controlled by the District for collecting, pumping, treating and disposing of sewage.

“Sewer” shall mean a pipe or conduit for carrying sewage.

“Storm sewer” or “storm drain” shall mean a pipe or conduit which carries storm and surface or ground waters and drainage, but excludes sewage and polluted industrial waste.

“Street” shall mean any public highway, road, street, avenue, alley, way, public place, public easement or right-of-way.

“Town” shall mean the Town of Tiburon.

“Unit” shall mean the place of residence for a single family. When property is improved for multifamily purposes, it shall include the number of units that the facilities thereon provide in number facilities for single families. When such improvements are for other than residential purposes, the number of units shall be determined by dividing the total number of persons regularly using or occupying said premises by three. When said property is unimproved and subdivided, each single lot shall be a unit. When unimproved property is not subdivided, it shall be deemed to have the number of lots that would be allowed for the zoning district in which the property is located as provided in the general plan and zoning regulations of the Town, City, or County, as applicable. When said property is a trailer court, trailer park or mobile home park, it shall be deemed to have the number of units for which spaces are provided. [Ord. 2014-2A §§ 100 – 130; Ord. 85-1 § 1.]

Article II. General Provisions

3.05.020 Rules and regulations.

The following rules and regulations respecting sewer construction and disposal of sewage and drainage of buildings and connection to the sewage works of the District are hereby adopted, and all work in respect thereto shall be performed as herein required and not otherwise. [Ord. 2014-2A § 201.]

3.05.030 Purpose.

This chapter is intended to provide rules and regulations for the use and construction of sewer facilities hereafter installed, altered or repaired within the District. This chapter shall not apply retroactively and, in the event of an alteration or repair hereafter made, it shall apply only to the new materials and methods used therein. [Ord. 2014-2A § 202.]

3.05.040 Short title.

This chapter shall be known as the “sanitary code of Sanitary District No. 5 of Marin County.” [Ord. 2014-2A § 203.]

3.05.050 Violation unlawful.

Following the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to connect to, construct, install or provide, maintain and use any other means of sewage disposal from any building in the District except by connection to a public sewer in the manner provided in this chapter. [Ord. 2014-2A § 205.]

3.05.060 Relief on application.

When any person by reason of special circumstances is of the opinion that any provision of this chapter is unjust or inequitable as applied to his premises, he may make written application to the Board, stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his premises.

If such application be approved, the Board may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances. [Ord. 2014-2A § 206.]

3.05.070 Relief on own motion.

The Board may, on its own motion, find that by reason of special circumstances any provision of this chapter should be suspended or modified as applied to a particular premises and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances, or any part thereof. [Ord. 2014-2A § 207.]

3.05.080 District Inspector.

The Board shall employ some fit and qualified person or persons to perform the duties of inspecting the installation, connection, maintenance and use of all side sewers, public sewers, private sewers and facilities in connection therewith in the District, to be known as the District Inspector. [Ord. 2014-2A § 208.]

3.05.090 Permits and fees.

No public sewer or other sewage facility within a street shall be installed, altered or repaired within the District until a permit for the work has been obtained from the District and all fees paid in accordance with the requirements of Article IX of this chapter. [Ord. 2014-2A § 209.]

Article III. Use of Public Sewers Required

3.05.100 Disposal of wastes.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the District, or in any area under the jurisdiction of said District, any sewage, garbage, or other objectionable waste. [Ord. 2014-2A § 301.]

3.05.110 Treatment of wastes required.

It shall be unlawful to discharge to any stream or watercourse any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this chapter. [Ord. 2014-2A § 302.]

3.05.120 Unlawful disposal.

Except as herein provided, it shall be unlawful to construct or maintain any private sewer. [Ord. 2014-2A § 303.]

3.05.130 Occupancy prohibited.

No building, industrial facility or other structure shall be occupied until the owner of the premises has complied with all rules and regulations of the District. [Ord. 2014-2A § 304.]

3.05.140 Sewer connection, when mandatory.

Following the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to connect to, construct, install, provide, maintain and use any other means of sewage disposal in said District, except connection with the sewage works of the District in the manner provided in this chapter. [Ord. 2014-2A § 305.]

Article IV. Private Sewage Disposal

3.05.150 Sewer not available.

Where a public sewer is not available to satisfy the provisions of SD5MCC 3.05.140, the lateral sewer shall be connected to a private sewer complying with the provisions of this chapter. A public sewer is available if a main sewer is located within 400 feet, as measured on a horizontal plane, from the closest edge of any building on a property. However, a public sewer is not considered available if another parcel under separate ownership blocks access to the main sewer stub-out. [Ord. 2014-2A § 401.]

3.05.160 Permit required.

Before commencement of construction of a private sewer the owner shall first obtain a written permit signed by the District Secretary. The application for such permit shall be made on a form furnished by the District, which the applicant shall supplement by any plans, specifications, and other information as deemed necessary by the District Secretary. A permit and inspection fee shall be paid to the District at the time the application is filed in accordance with the provisions of this chapter. [Ord. 2014-2 § 402.]

3.05.170 Inspection required.

A permit for a private sewer shall not become effective until the installation is completed to the satisfaction of the District Inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the District Inspector when the work is ready for final inspection, and before any underground portions are covered. The final inspection shall be made within 48 hours, Sundays and holidays excluded, of the receipt of the notice by the District Inspector. [Ord. 2014-2A § 403.]

3.05.180 Design requirements.

The type, capacities, location and layout of a private sewer shall comply with all recommendations of the Department of Public Health of the State of California, the Health Officer of County, and any other applicable regulatory authority including, but not limited to, the Building Department of City, Town, or County, as applicable. No permit shall be issued for any private sewer employing subsurface soil absorption facilities where the characteristics of the property do not indicate sufficient soil absorption qualities. No private sewer shall be permitted to discharge to any public sewer or any stream or watercourse. [Ord. 2014-2A § 404.]

3.05.190 Abandonment of facilities.

At such time as a public sewer becomes available to a property served by a private sewer, as defined in SD5MCC 3.05.150, a direct connection shall be made to the public sewer in compliance with the ordinances, rules and regulations of District, and any private sewer facilities shall be abandoned and filled with suitable material as determined by the District Inspector. [Ord. 2014-2A § 405.]

3.05.200 Cost of maintenance by owner.

The owner shall operate and maintain the private sewer in a sanitary manner at all times, at no expense to the District. [Ord. 2014-2A § 406.]

3.05.210 Additional requirements.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by any law, ordinance, rule or regulation or by the Health Officer of the County, the Building Inspector of City, Town, or County, or any other applicable regulatory authority. [Ord. 2014-2A § 407.]

3.05.220 Additional enforcement measures.

In addition to all other authority the District has to enforce this chapter and other ordinances and regulations, the District may seek to compel connection to an available public sewer as required by SD5MCC 3.05.120 and 3.05.190, (1) as a condition on the issuance of a building permit for the real property where the proposed addition or improvement (or cumulative additions or improvements through multiple projects over the prior three years) has a value of $50,000 or greater and (2) when the real property is offered for sale. The District shall notify the City, Town, and County of the connection requirement of SD5MCC 3.05.120 and 3.05.190 so that issuance of a building permit for noncompliant real property may be conditioned upon connection to the public sewer and abandonment of the private sewer. If noncompliant real property is sold without connection to the public sewer and abandonment of the existing private sewer, the District may require the new owner of the property to connect to the public sewer and abandon the private sewer. [Ord. 2014-2A § 408.]

Article V. Uniform Plumbing Code

3.05.230 Uniform Plumbing Code adopted.

All that certain plumbing code, entitled, “California Plumbing Code 2013,” based on the 2012 Uniform Plumbing Code, copies of which are on file in the office of the District for use and examination by the public, except such sections therein as are shown to be omitted, amended, or added thereto, in said copies, is hereby adopted as the Uniform Plumbing Code of Sanitary District No. 5 of Marin County, to which reference is hereby made and is hereby adopted by reference as if set forth in full herein. [Ord. 2014-2A § 501.]

3.05.240 Administrative authority.

Wherever the term “administrative authority” is used in the Uniform Plumbing Code of Sanitary District No. 5 of Marin County it shall be construed to mean only those persons duly authorized by the Board to administer the code as follows:

(1) Administration of the code and enforcement of regulations thereof shall be under the direction of the Board.

(2) Main sewers and lateral sewers outside of the building plumbing and drainage system shall be inspected by the District Inspector.

(3) The interpretation of technical provisions of this chapter, review of plans and specifications required thereby, determination of the suitability of alternate materials and types of construction and the development of rules and regulations covering unusual conditions not inconsistent with the requirements of this chapter shall be made by the District Engineer. [Ord. 2014-2A § 502.]

Article VI. Lateral Sewers and Connections

3.05.250 Permit required.

In accordance with Article IX of this chapter no person shall construct a lateral sewer or make a connection with any public sewer without first obtaining a written permit from the District and paying all fees and connection charges as required therein. In addition all applicants shall provide proof that the proposed lateral sewer has been reviewed by the appropriate City, Town, or County agency and that a valid permit for the construction and installation of such side sewer has been issued by such agency. [Ord. 2014-2A § 601.]

3.05.260 Construction requirements.

Construction of lateral sewers, when subject to the jurisdiction of the District, shall be accomplished in accordance with the requirements of the Uniform Plumbing Code of Sanitary District No. 5 of Marin County and all other requirements of the District. Construction plans shall include recommended backfilling, type of backfill material and compaction of backfill as recommended by a licensed soils engineer. [Ord. 2014-2A § 602.]

3.05.270 Minimum size and slope.

The minimum size of sewers shall be in accordance with the Uniform Plumbing Code of Sanitary District No. 5 of Marin County and District standard specifications, as said code and specifications are heretofore or hereafter adopted by the District. [Ord. 2014-2A § 603.]

3.05.280 Separate sewers.

No two adjacent lots fronting on the same street shall be permitted to join in the use of the same lateral sewer. Every building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts or in an easement which will serve said property. However, one or more buildings located on property belonging to the same owner may be served with the same lateral sewer during the period of said ownership. Upon the subsequent subdivision and sale of a portion of said lot the portion not directly connected with such public sewer shall be separately so connected with a public sewer, and it shall be unlawful for the owner thereof to continue to use or maintain such indirect connection. [Ord. 2014-2A § 604.]

3.05.290 Cleanouts.

Cleanouts in sewers subject to the jurisdiction of the District shall be provided in accordance with the Uniform Plumbing Code of Sanitary District No. 5 of Marin County. Cleanouts shall be the same diameter as the sewer. All cleanouts shall be maintained watertight and shall be constructed in accordance with the specifications established by the District. [Ord. 2014-2A § 605.]

3.05.300 Sewer too low.

Whenever a lateral sewer is too low to permit gravity flow to the public sewer, sewage carried by such lateral sewer shall be lifted by artificial means, approved by the District Engineer, and discharged to the public sewer at the expense of the owner. [Ord. 2014-2A § 606.]

3.05.310 Connection to public sewer.

The connection of a lateral sewer into the public sewer shall be made in accordance with the specifications for such connections established by the District. The connection to the public sewer shall be made in the presence of the District Inspector or the District Engineer, and under his supervision and direction. Any damage to the public sewer shall be repaired at the cost of the applicant to the satisfaction of the District Inspector or District Engineer. [Ord. 2014-2A § 607.]

3.05.320 Protection of excavation.

All excavations for a lateral sewer installation shall be adequately guarded with barricades or lights so as to protect the public from hazard. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be restored in a manner satisfactory to the District, the City and the County, or any other person having jurisdiction thereover. [Ord. 2014-2A § 608.]

3.05.330 Maintenance of lateral sewer.

Lateral sewers shall be maintained by the owner(s) of the property(s) served thereby. [Ord. 2014-2A § 609.]

3.05.340 Lateral sewer inspection upon connection permit application.

As part of any application for a connection permit for residential and commercial structures, the owner shall provide the District with a current report and video, not older than one year, and conducted by a licensed contractor, of the entire lateral sewer serving the structure. The report and video shall include a written and graphic description of the owner’s lateral sewer, and a compact disc containing photographs of any notable features of the lateral sewer. Based on the information contained in the report, the District may require repairs or modifications of the lateral sewer. In the event that a lateral sewer is shared by multiple properties, the District will notify all of the affected properties of their shared responsibility of the lateral sewer, absent a maintenance agreement between the properties; the property owners shall be jointly and severally liable for the repairs of the shared lateral sewer. [Ord. 2014-2A § 610.]

3.05.350 Events requiring a lateral sewer inspection – All properties.

A property owner shall have the lateral sewer of his property inspected and provide the District with a report and video as described in SD5MCC 3.05.340, and have any necessary repairs to the sewer lateral made, upon the occurrence of any of the following events:

(1) Additions or Improvements. Prior to the issuance of a County, City, or Town building permit for an addition or new improvement on the real property where said addition or improvements (or cumulative additions or improvements through multiple projects over three years) have a value of $50,000 or greater, the District shall notify the City, Town, and County of this requirement so that issuance of a building permit is conditioned upon the requirement of a lateral sewer inspection and any necessary repairs.

(2) Transfer of Property Title. Where the sale of any real property with sewer improvements is proposed, the seller shall have the lateral sewer inspected prior to transfer of property title. The responsibility for any repair of a lateral sewer is an issue between the buyer and the seller. Should the seller fail to have the inspection conducted and any necessary repairs made prior to the sale of the property, the District shall require the new owner to conduct an inspection and/or make any necessary repairs to the lateral sewer.

(3) Repair of Main Sewer or Road Resurfacing On or Near Road Where Lateral Sewer Connects to Main Sewer. Whenever the District is replacing or conducting a repair of a main sewer, or whenever the City, Town, or County is carrying out road resurfacing, on or near the road where the lateral sewer connects to the main sewer. When the work is being carried out by the District, the District will notify owners of the work and the need for an inspection and any necessary repair so that any remedial work on the lateral sewer can be completed prior to the construction. Where an owner refuses to have the inspection conducted, the District may conduct an inspection and the owner shall be responsible for the costs of such inspection. The District shall require the owner to carry out any necessary repairs.

(4) Exceptions. The following are exceptions to the requirement for inspection described above:

(a) An owner otherwise required to perform an inspection under this section shall not be required to perform such inspection if the owner (or the owner’s predecessor-in-interest) has originally installed or has replaced his property’s lateral sewer within the 20 years prior to the date of application for a building permit, listing the property for sale, or the road work or sewer repair.

(b) An owner otherwise required to perform an inspection under this section shall not be required to perform such inspection if the owner has conducted such inspection and completed any necessary repairs within three years prior to the date the inspection would otherwise be required.

(c) The owner shall provide proof of any prior lateral sewer replacement, inspection, and repair in the form of a certificate, paid bill, or other sufficient documentation that ensures such prior replacement, repair, or inspection. The form and content of the document or proof must be deemed sufficient by the District or its authorized representative. [Ord. 2014-2A § 611.]

3.05.360 Installation of backflow check valve device.

As part of any application for a connection permit for residential and commercial structures, the owner shall install a backflow check valve device, approved by the District, on their lateral sewer within two feet of the structure. Property owners shall own the backflow device and its maintenance and replacement shall be the sole obligation of the property owner and any successor in interest. Owners who choose not to install the device for any reason, including the owner’s belief that the device is unnecessary or too difficult to install, must submit a letter to the District Manager for consideration. The letter will state the owner will hold the District harmless for any and all damages arising from the owner’s sanitary sewer overflows/backflows. [Ord. 2014-2A § 612.]

3.05.370 Sanitary sewer lateral overflows and stoppages.

The District has the authority and responsibility to mitigate all private lateral sanitary sewer overflows. Therefore, if a sanitary sewer overflow occurs, the District will first attempt to contact the owner(s) of the private lateral sewer, residential or commercial, before the District or its contractor clears or repairs the stoppage. If the District cannot contact the owner(s), the District or its contractor will attempt to clear or repair the overflow and will invoice the owner(s) for the work performed by the District or its contractor. When the lateral sewer is used by multiple residents, the owners of the lateral sewer will negotiate among themselves with respect to apportioning the cost of the clearing or repair. The District will be held harmless for the condition of all private sewer laterals as a result of the clearing or repair. [Ord. 2014-2A § 613.]

Article VII. Public Sewer Construction

3.05.380 Permit required.

In accordance with Article IX of this chapter, no person shall construct, extend or connect to any public sewer without first obtaining a written permit from the District and paying all fees and connection charges and furnishing bonds as required therein. The provisions of this section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the District. [Ord. 2014-2A § 701.]

3.05.390 Plans, profiles and specifications required.

The application for a permit for public sewer construction shall be accompanied by complete plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the District, prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground. Plans shall include recommended backfilling, type of backfill material and compaction of backfill as recommended by a licensed soils engineer. The application, together with the plans, profiles and specifications, shall be examined by the District Engineer who shall within 10 days approve them as filed or require them to be modified as he deems necessary for proper installation. After examination by the District Engineer, the application, plans, profiles and specifications shall be submitted to the Board at its next regular meeting for its consideration. When the Board is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, it shall order the issuance of a permit predicated upon the payment of all connection charges, fees and furnishing bonds as required by the District. The permit shall prescribe such terms and conditions as the Board finds necessary in the public interest. [Ord. 2014-2A § 702.]

3.05.400 Subdivisions.

The requirements of SD5MCC 3.05.380 and 3.05.390 shall be fully complied with before any final subdivision map of properties lying in unincorporated areas within the District shall be approved by the Board. The final subdivision map shall provide for the dedication for public use of all streets, easements or rights-of-way in which public sewer lines are to be constructed. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the Sanitary Board may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider. [Ord. 2014-2A § 703.]

3.05.410 Easements or rights-of-way.

In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the Board a proper easement or grant of right-of-way sufficient in law to allow the laying and maintenance of such extension or connection. [Ord. 2014-2A § 704.]

3.05.420 Persons authorized to perform work.

Only properly licensed contractors shall be authorized to perform the work of public sewer construction within the District. All terms and conditions of the permit issued by the District to the applicant shall be binding on the contractor. The requirements of this section shall apply to lateral sewers installed concurrently with public sewer construction. [Ord. 2014-2A § 705.]

3.05.430 Grade stakes.

Grade and line stakes shall be set by a registered civil engineer prior to the start of work on any public sewer construction. The contractor shall be responsible for accurately transferring grades to grade bars and sewer invert. [Ord. 2014-2A § 706.]

3.05.440 Compliance with local regulations.

Any person constructing a sewer within a street shall comply with all State, County, City, and Town laws, ordinances, rules and regulations pertaining to the cutting of pavement, opening, barricading, lighting and protecting of trenches, backfilling and repaving thereof, and shall obtain all permits and pay all fees required by the agency and/or department having jurisdiction prior to the issuance of a permit by the District. [Ord. 2014-2A § 707.]

3.05.450 Protection of excavation.

The applicant shall maintain such barriers, lights and signals as are necessary to give warning to the public at all times that a sewer is under construction and of each dangerous condition to be encountered as a result thereof. He shall also likewise protect the public in the use of the sidewalk against any such conditions in connection with the construction of the sewer. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the District, the City, the Town, and the County or any other person having jurisdiction thereover. [Ord. 2014-2A § 708.]

3.05.460 Design and construction standards.

Minimum standards for the design and construction of sewers within the District and subject to the jurisdiction of the District shall be in accordance with the Standard Specifications and Drawings for Sewer Construction of 2014 heretofore or hereafter adopted by the District, copies of which are on file in the District office (see SD5MCC Title 5). The District Engineer may permit modifications or may require higher standards where unusual conditions are encountered.

“As-built” drawings showing the actual location of all mains, structures, Ys, laterals and cleanouts shall be filed with the District before final acceptance of the work. [Ord. 2014-2A § 709.]

3.05.470 Completion of sewer required.

Before any acceptance of any sewer line by the District and prior to the admission of any sewage into the system, the sewer line shall be tested and shall be complete in full compliance with all requirements of the Standard Specifications and Drawings for Sewer Construction of 2014 (see SD5MCC Title 5) and to the satisfaction of the District Engineer. [Ord. 2014-2A § 710.]

Article VIII. Use of Public Sewers

3.05.480 Drainage into sanitary sewers prohibited.

No leaders from roofs and no surface drains for rain water shall be connected to any sanitary sewer. No surface or subsurface drainage, rain water, storm water, seepage, cooling water or unpolluted industrial process waters shall be permitted to enter any sanitary sewer by any device or method whatsoever. [Ord. 2014-2A § 801.]

3.05.490 Use of storm sewers required.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Town or City. [Ord. 2014-2A § 802.]

3.05.500 Types of wastes prohibited.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.

(2) Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.

(3) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(4) Any garbage that has not been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.

(6) Any waters or wastes having a pH lower than 6.0 or higher than 8.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.

(8) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(9) Any noxious or malodorous gas or substance capable of creating a public nuisance.

(10) Any septic tank sludge. [Ord. 2014-2A § 803.]

3.05.510 Interceptors required.

Grease, oil and sand interceptors shall be provided when the District determines that they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for buildings used for residential purposes. All interceptors shall be of a type and capacity approved by the District Engineer, and shall be so located as to be readily and easily accessible for cleaning and inspection. [Ord. 2014-2A § 804.]

3.05.520 Maintenance of interceptors.

All grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. [Ord. 2014-2A § 805.]

3.05.530 Preliminary treatment of wastes.

The admission into the public sewers of any waters or wastes having (1) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) containing any quantity of substance having the characteristics described in SD5MCC 3.05.500, or (4) having an average daily flow greater than two percent of the average daily sewage flow of the District shall be subject to the review and approval of the District Engineer. Where necessary in the opinion of the District Engineer, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or (2) reduce objectionable characteristics or constituents to within the maximum limits provided for in SD5MCC 3.05.500, or (3) control the quantities and rates of discharge of such waters or wastes.

Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the District Engineer, the Water Resources Control Board of the State of California, and any other agency with regulatory jurisdiction, and no construction of such facilities shall be commenced until said approvals are obtained in writing. [Ord. 2014-2A § 806.]

3.05.540 Maintenance of pretreatment facilities.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. [Ord. 2014-2A § 807.]

3.05.550 Control manholes.

When required by the District Engineer, the owner of any property served by a lateral sewer carrying industrial wastes shall install a suitable control manhole in the lateral sewer to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the District Engineer. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. [Ord. 2014-2A § 808.]

3.05.560 Measurements and tests.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in SD5MCC 3.05.500 and 3.05.530 shall be determined in accordance with standard methods and shall be determined at the control manhole provided for in SD5MCC 3.05.550, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the lateral sewer is connected. [Ord. 2014-2A § 809.]

3.05.570 Special agreements – Private facilities.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment, subject to payment therefor by the industrial concern and subject to such terms and conditions as might be required by the District. [Ord. 2014-2A § 810.]

3.05.580 Special agreements – Public facilities.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the District and any other public corporation or entity, whereby the District undertakes to provide for the construction, acceptance, maintenance or operation of facilities for the collection, pumping or other means of transmission of sewage from the public agencies pursuant to any appropriate legal authorization or pursuant to cooperation, joint powers, or other similar agreement. [Ord. 2014-2A § 811.]

3.05.590 Swimming pools.

It shall be unlawful for any person to discharge the contents of a swimming pool into a sanitary sewer except in the manner specified herein. The size of pipe carrying discharge water shall not be larger than two inches and shall not be under a head to exceed 20 feet. If the water is discharged by pumping, the rate of flow shall not exceed 100 gallons per minute. Each swimming pool discharging to a sanitary sewer shall be equipped with an approved separator to preclude any possibility of a backflow of sewage into the swimming pool or piping system. [Ord. 2014-2A § 812.]

Article IX. Permits and Fees

3.05.600 Permit required.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance or perform any work on any plumbing or drainage system under the jurisdiction of the District, including additions to or modifications of plumbing facilities within a building, without first obtaining a written permit from the District. [Ord. 2014-2A § 901.]

3.05.610 Application for permit.

Any person, legally entitled to apply for and receive a permit, shall make such application on forms provided by the District for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The District Engineer may require plans, specifications or drawings and such other information as he may deem necessary. If the District Engineer determines that the plans, specifications, drawings, descriptions or information furnished by the applicant is in compliance with the ordinances, rules and regulations of the District, the Secretary shall issue the permit applied for upon payment of the required fees as hereinafter fixed. [Ord. 2014-2A § 902.]

3.05.620 Compliance with permit.

After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued, except with written permission from the District, the District Engineer, or other authorized representatives. [Ord. 2014-2A § 903.]

3.05.630 Agreement.

The applicant’s signature on an application for any permit as set forth in SD5MCC 3.05.640 shall constitute an agreement to comply with all of the provisions, terms and requirements of this chapter and other ordinances, rules and regulations of the District, and with the plans and specifications he has filed with his application, if any, together with such corrections or modifications as may be made or permitted by the District, if any. Such agreement shall be binding upon the applicant and may be altered only by the District upon the written request for the alteration from the applicant. [Ord. 2014-2A § 904.]

3.05.640 Classes of permits.

There shall be six classes of permits, as follows:

(1) Single-family residential sewer permit;

(2) Trailer court and multiple dwelling sewer permit;

(3) Commercial, industrial, church, school, public and other user sewer permit;

(4) Public sewer construction permit;

(5) Private sewage disposal permit; and

(6) Force main connection permit. [Ord. 2014-2A § 905.]

3.05.650 Fees – Annexation charges.

The owner or owners of lands within areas proposed to be annexed to the District shall deposit with the District Secretary a sum to be fixed by the District Secretary, prior to commencement of proceedings by the Board on the proposed annexation. The amount to be fixed by the District Secretary shall be in a sum estimated to equal the engineering, legal and publication costs and all other charges which may be incurred by the District in preparing and examining maps, legal descriptions, and other documents in relation thereto, and other expenses regularly incurred in connection therewith. Should the amount of the deposit exceed the costs incurred by the District the excess shall be refunded to the owner or owners following the conclusion of the final hearing on the proposed annexation. Should the amount of the deposit be insufficient to pay such costs incurred by the District the owner or owners shall advance such additional sums as shall be necessary to pay said costs prior to the final hearing on the proposed annexation. [Ord. 2014-2A § 906.]

3.05.660 Basic connection charge.

A basic connection charge is hereby established for the privileges of connecting to the sanitary sewer system of the District. Except as hereinafter provided, a separate basic charge shall be made for each building. In the event of dispute as to whether a structure constitutes a new building or an addition to an existing building, the determination of the Sanitary Board shall be final.

Before any addition to or modification of plumbing facilities is undertaken which will result in a change in the number of plumbing fixtures by which the amount of the basic connection charge is calculated, as hereinafter set forth, a permit for such addition or modification shall first be obtained from the District upon payment to the District of an amount equal to the difference between the charge based upon the original number of units and that based upon the total number of original plus proposed units.

A building which is accessory to a single-family dwelling, such as a guest house or servants’ quarters, is to be considered as a part of the single-family dwelling rather than as a separate building if such accessory buildings are served by the same lateral as the single-family dwelling.

The amount of charge shall be computed on the basis of the number of plumbing fixtures within or about each building as said fixtures comprise fixture units. The number of fixture units shall be computed from Chapter 4 of the 2013 California Uniform Plumbing Code. The method of arriving at the charge per fixture unit and the application of a “diminishing use” factor thereof is particularly set forth in Exhibit A of this chapter. [Ord. 2014-2A § 907.]

3.05.670 Fees – Connection charges.

In addition to any other charges established by the ordinances, rules and regulations of the District, there shall be collected, prior to connection to the sanitary sewer system of the District, special connection charges, as follows:

(1) Assessment Connection Charge. For any parcel, unit or lot, or part of said property, lying within the present boundaries of said District or hereafter annexed to said District, which abuts on or can be directly served by any existing main sewer or sanitary sewer facilities of the District, constructed pursuant to special assessment proceedings, additional connection charges to be paid prior to the issuance of a permit for connection in any such areas are hereby established as follows:

(a) Where said facilities constructed pursuant to special assessment proceedings consist of collection mains, together with major interceptor mains and/or any other sanitary sewer facilities, an additional connection charge shall be collected, in a sum to be computed by the District Engineer, as said property’s share of the cost of the existing sewer facilities of the District to be used by said property. Said sum shall be the equivalent of the cost to similar properties within the District which have paid for said facilities so to be used. Said sum shall include all costs incident to the installation of such facilities, together with interest charges thereon. Said sum shall not include any amounts for which bonds of the District are then outstanding and to which said property is or shall become subject.

(2) Special Connection Charge. For any parcel, unit or lot, or part of said property which abuts on or can be directly served by any existing main sewer or sanitary sewer facilities of said District constructed pursuant to special agreement, wherein the District has agreed to reimburse to the party making the original installation a share of the cost of original construction attributable to parcels of property later connecting to said main or facilities, special connection charges in addition to any other charges established by the District, which must be paid prior to the issuance of a permit for connection, are hereby established as follows:

(a) Where said facilities constructed pursuant to special agreement consist of collection mains together with trunk mains and/or any other sanitary sewerage facility, an additional special connection charge shall be collected in a sum to be computed by the District Engineer as said property’s share of the cost of the sewer mains and other sanitary sewer facility of the District, constructed pursuant to special agreement, to be used by said property. Said sum shall be equivalent to the pro rata share of the cost of the installation made pursuant to the special agreement which would have been paid by said property for the facilities so to be used if said property had contributed its equitable share to the original cost of construction. Said sum shall include all costs incident to the installation of such mains and facilities. [Ord. 2014-2A § 908.]

3.05.680 Special connection charges.

In addition to any other charges established herein, the District may establish special connection charges for any sewer connection when, in the opinion of the Board, the circumstances of such connection necessitate the establishment of unusual conditions or necessitate the payment of charges over and above those established herein. [Ord. 2014-2A § 909.]

3.05.690 Sewer permit and inspection charges.

Permit and inspection charges are hereby established as follows:

(1) Single-Family Residence. A fee of $50.00 shall be paid to the District for inspecting each single-family residential building sewer installation.

(2) Commercial, Industrial, Church, Trailer Court, Multiple Dwelling, School, Public and Other Users. A fee of $50.00 per 100 lineal feet of sewer for inspecting said sewer installation shall be paid to the District for each lateral sewer installation serving commercial, industrial, church, trailer court, multiple dwelling, school, public and other users, with a minimum of $100.00 for said inspection. Where such property is to be developed for commercial and industrial uses such as, in the opinion of the District Secretary, will necessitate the conduct of special analyses of the effect of the installation on the sewage effluent, the person seeking a permit for such installation shall provide the District with any such analyses as the District may require at the sole cost and expense of the person seeking such permit.

(3) Public Sewer Construction Permit. A fee of $50.00 per 100 lineal feet of sewer for inspecting said sewer installation, with a $100.00 minimum inspection fee, shall be paid to the District for the issuance of a permit and inspecting the installation of public sewer mains consisting of extensions of the existing public sewer facilities of the District. Should the District Secretary deem that the fee provided herein is, or may be, inadequate to pay all of the costs and expenses of the District, he may decline to issue a permit until the Board has reviewed the application for the permit. The Board may determine that the permit be subject to payment of fees in an amount fixed by the District in the estimated cost of all engineering, legal, inspection and other costs which may be incurred by the District required to insure compliance with this chapter and all other applicable rules and regulations. If the fee so collected shall be in excess of the actual costs to the District, any surplus shall be refunded to the applicant, upon completion and satisfactory compliance with the permit and all applicable rules and regulations. If the fee so established is less than the actual costs to the District the applicant shall pay the excess costs to the District prior to acceptance of the sewer facilities by the District.

(4) Connection to Force Main. A fee shall be paid to the District for issuing a permit and inspecting any work which includes connection of the sewer to a force main under the jurisdiction of the District in the same manner as provided in subsection (3) of this section.

(5) Additional Fees. The above fees are for initial inspection only. If the applicant has called for inspection and is not ready for inspection, an additional fee of $50.00 per inspection for additional calls shall be paid.

(6) Administrative Fee. An administrative fee of $50.00 will be charged to each applicant requesting a permit. The administrative fee covers the District’s cost to issue the permit, recording all information into the District’s electronic database, review plans and specifications, and accounting and additional administrative duties required to issue a permit. [Ord. 2014-2A § 910.]

3.05.700 Bond – Public sewer construction.

Prior to the issuance of a permit for public sewer construction the applicant shall furnish to the District a faithful performance bond or cash in the amount of the total estimated cost of the work. Said bond shall be in the minimum amount of $1,000 and shall be secured by a surety or sureties satisfactory to the District. The cash deposit or faithful performance bond shall be conditioned upon the performance of the terms and conditions of the permit and shall guarantee the correction of faulty workmanship and the replacement of defective materials for a period of one year after the date of acceptance of the work. [Ord. 2014-2A § 911.]

3.05.710 Disposition of fees.

All fees collected on behalf of the District shall be deposited with the District Secretary who shall place said funds in the depositary of the District. [Ord. 2014-2A § 912.]

3.05.720 All work to be inspected.

All sewer construction work, lateral sewers, plumbing and drainage systems shall be inspected by an inspector of the District, the City, the Town, the County, as applicable, and any other agency or entity having jurisdiction thereover, to insure compliance with any and all regulatory requirements. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected either directly or indirectly to the District’s public sewer system until the work covered by appropriate permit has been completed, inspected and approved. All sewers shall be tested for leakage in the presence of the appropriate inspector and shall be cleaned of all debris accumulated from construction operations. If the test proves satisfactory, the inspector shall issue a certificate of satisfactory completion. [Ord. 2014-2A § 913.]

3.05.730 Notification.

It shall be the duty of the person doing the work authorized by permit to notify the office of the District in writing that said work is ready for inspection. Such notification shall be given not less than 48 hours before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work will stand the tests required by the District before giving the above notification. [Ord. 2014-2A § 914.]

3.05.740 Condemned work.

When any work has been inspected and the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the District. An additional fee for reinspection will be charged for each subsequent inspection. Said additional fee shall be in an amount sufficient to reimburse all District costs and expenses attributable to each reinspection. [Ord. 2014-2A § 915.]

3.05.750 All costs paid by owner.

All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the work. [Ord. 2014-2A § 916.]

3.05.760 Outside sewers.

Permission shall not be granted to connect any lot or parcel of land outside the District to any public sewer in or under the jurisdiction of the District unless a permit therefor is obtained. The applicant shall first enter into a contract in writing whereby he shall bind himself, his heirs, successors and assigns to abide by all ordinances, rules and regulations in regard to the manner in which such sewer shall be used, the manner of connecting therewith, and the plumbing and drainage in connection therewith and also shall agree to pay all fees required for securing the permit and a monthly fee in the amount set by the District for the privilege of using such sewer. [Ord. 2014-2A § 917.]

3.05.770 Permit optional.

The granting of such permission for an outside sewer in any event shall be optional with the Board. [Ord. 2014-2A § 918.]

3.05.780 Special outside agreements.

Where special conditions exist relating to an outside sewer, they shall be the subject of a special contract between the applicant and the District. [Ord. 2014-2A § 919.]

3.05.790 Street excavation permit.

A separate permit must be secured from the City, Town, or County, as applicable, or any other person or entity having jurisdiction thereover, by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. [Ord. 2014-2A § 920.]

3.05.800 Liability.

The District and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant. The applicant shall be answerable for, and shall save the District and its officers, agents and employees harmless from, any liability imposed by law upon the District or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. [Ord. 2014-2A § 921.]

3.05.810 Time limit on permits.

If work under a permit be not commenced within six months from the date of issuance or if after partial completion the work be discontinued for a period of one year, the permit shall thereupon become void and no further work shall be done until a new permit shall have been secured. A new fee shall be paid upon the issuance of said new permit. [Ord. 2014-2A § 922.]

Article X. Enforcement

3.05.820 Violation.

Any person found to be violating any provision of this chapter or any other ordinance, rule or regulation of the District, except SD5MCC 3.05.470 and 3.05.890, shall be served by the District Secretary or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than two nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this chapter or any other ordinance, rule or regulation of the District. Upon being notified by the District Secretary of any defect arising in any sewer or of any violation of this chapter, the person(s) having charge of said work shall immediately correct the same. [Ord. 2014-2A § 1001.]

3.05.830 Public nuisance.

Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this chapter or any other ordinance, rule or regulation of the District is hereby declared to be a public nuisance. The District may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. [Ord. 2014-2A § 1002.]

3.05.840 Disconnection.

As an alternative method of enforcing the provisions of this chapter or any other ordinance, rule or regulation of the District, the District Engineer shall have the power to disconnect the user or subdivision from the sewer system of the District. Upon disconnection the District Engineer shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The District Engineer shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. [Ord. 2014-2A § 1003.]

3.05.850 Public nuisance abatement.

During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the District shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the District a reasonable attorney’s fee and cost of suit arising in said action. [Ord. 2014-2A § 1004.]

3.05.860 Means of enforcement only.

The District hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty. [Ord. 2014-2A § 1005.]

3.05.870 Punishment for violation of prohibited discharges – Misdemeanor.

Cal. Health & Safety Code § 6523 provides that the violation of an ordinance, rule or regulation of a sanitary district by any person is a misdemeanor punishable by fine not to exceed $1,000, imprisonment not to exceed 30 days, or both. Each and every connection or occupancy in violation of the ordinances, rules and regulations of the District shall be deemed a separate violation and each and every day or part of a day a violation of the ordinance, rule or regulation continues shall be deemed a separate offense hereunder and shall be punishable as such. [Ord. 2014-2A § 1006.]

3.05.880 Liability for violation.

Any person violating any of the provisions of the ordinances, rules or regulations of the District shall become liable to the District for any expense, loss or damage occasioned by the District by reason of such violation. [Ord. 2014-2A § 1007.]

Article XI. Miscellaneous Provisions

3.05.890 Protection from damage.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the District sewage works. Any person violating this provision shall be subject to the penalties provided by law. [Ord. 2014-2A § 1101.]

3.05.900 Powers and authorities of inspectors.

The officers, inspectors, Engineer and any duly authorized employees of the District shall wear or carry an official badge of office or other evidence establishing his position as such, and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the District. [Ord. 2014-2A § 1102.]

3.05.910 Interpretation and enforcement of SD5MCC 3.05.190.

(1) The term “available” in SD5MCC 3.05.190 is reasonably interpreted to mean having a District main sewer line or lateral stub-out within 400 feet, as measured on a horizontal plane, from the closest edge of any building where persons reside, congregate, or are employed.

(2) Parcels that are blocked from a District main sewer line or lateral stub-out by another parcel under separate ownership shall not be deemed to have sewer service “available” under SD5MCC 3.05.190, even if otherwise meeting the interpretation of “available” set forth in subsection (1) of this section.

(3) District staff shall refrain from enforcing SD5MCC 3.05.190, subject to the exception set forth below, until December 1, 2013, in order to allow property owners in the District time to voluntarily bring their properties into compliance.

(4) District staff shall immediately enforce SD5MCC 3.05.190 as it applies to a particular property if a septic system on the property is deemed to be failing, or has failed, in the opinion of an independent licensed engineer.

(5) For the purposes of the immediate enforcement provision found in subsection (4) of this section, a septic system shall be deemed “failing,” or “failed,” if said system has a septic tank requiring repair, replacement, or modification due to corrosion and/or leakage; or a leach field requiring repair, replacement, or modification due to inadequate percolation. [Res. 2011-1.]

Exhibit A

Schedule of Connection Fee Charges

 

Tiburon Zone

Belvedere Zone

Paradise Zone

Fixture Units

Treatment Component

Collection Component

Total Charge

Treatment Component

Collection Component

Total Charge

Treatment Component

Collection Component*

Total Charge

1

$535

$387

$922

$535

$743

$1,278

$434

$0

$434

2

$1,070

$774

$1,844

$1,070

$1,486

$2,556

$868

$0

$868

3

$1,605

$1,161

$2,766

$1,605

$2,229

$3,834

$1,302

$0

$1,302

4

$2,140

$1,548

$3,688

$2,140

$2,972

$5,112

$1,736

$0

$1,736

5

$2,675

$1,935

$4,610

$2,675

$3,715

$6,390

$2,170

$0

$2,170

6

$3,210

$2,322

$5,532

$3,210

$4,458

$7,668

$2,604

$0

$2,604

7

$3,745

$2,709

$6,454

$3,745

$5,201

$8,946

$3,038

$0

$3,038

8

$4,280

$3,096

$7,376

$4,280

$5,944

$10,224

$3,472

$0

$3,472

9

$4,815

$3,483

$8,298

$4,815

$6,687

$11,502

$3,906

$0

$3,906

10

$5,350

$3,870

$9,220

$5,350

$7,430

$12,780

$4,340

$0

$4,340

11

$5,885

$4,257

$10,142

$5,885

$8,173

$14,058

$4,774

$0

$4,774

12

$6,420

$4,644

$11,064

$6,420

$8,916

$15,336

$5,208

$0

$5,208

13

$6,955

$5,031

$11,986

$6,955

$9,659

$16,614

$5,642

$0

$5,642

14

$7,490

$5,418

$12,908

$7,490

$10,402

$17,892

$6,076

$0

$6,076

15

$8,025

$5,805

$13,830

$8,025

$11,145

$19,170

$6,510

$0

$6,510

16

$8,560

$6,192

$14,752

$8,560

$11,888

$20,448

$6,944

$0

$6,944

17

$9,095

$6,579

$15,674

$9,095

$12,631

$21,726

$7,378

$0

$7,378

18

$9,630

$6,966

$16,596

$9,630

$13,374

$23,004

$7,812

$0

$7,812

19

$10,165

$7,353

$17,518

$10,165

$14,117

$24,282

$8,246

$0

$8,246

20

$10,700

$7,740

$18,440

$10,700

$14,860

$25,560

$8,680

$0

$8,680

21

$11,235

$8,127

$19,362

$11,235

$15,603

$26,838

$9,114

$0

$9,114

22

$11,770

$8,514

$20,284

$11,770

$16,346

$28,116

$9,548

$0

$9,548

23

$12,305

$8,901

$21,206

$12,305

$17,089

$29,394

$9,982

$0

$9,982

24

$12,840

$9,288

$22,128

$12,840

$17,832

$30,672

$10,416

$0

$10,416

25

$13,375

$9,675

$23,050

$13,375

$18,575

$31,950

$10,850

$0

$10,850

26

$13,910

$10,062

$23,972

$13,910

$19,318

$33,228

$11,284

$0

$11,284

27

$14,445

$10,449

$24,894

$14,445

$20,061

$34,506

$11,718

$0

$11,718

28

$14,980

$10,836

$25,816

$14,980

$20,804

$35,784

$12,152

$0

$12,152

29

$15,515

$11,223

$26,738

$15,515

$21,547

$37,062

$12,586

$0

$12,586

30

$16,050

$11,610

$27,660

$16,050

$22,290

$38,340

$13,020

$0

$13,020

31

$16,585

$11,997

$28,582

$16,585

$23,033

$39,618

$13,454

$0

$13,454

32

$17,120

$12,384

$29,504

$17,120

$23,776

$40,896

$13,888

$0

$13,888

33

$17,655

$12,771

$30,426

$17,655

$24,519

$42,174

$14,322

$0

$14,322

34

$18,190

$13,158

$31,348

$18,190

$25,262

$43,452

$14,756

$0

$14,756

35

$18,725

$13,545

$32,270

$18,725

$26,005

$44,730

$15,190

$0

$15,190

36

$19,260

$13,932

$33,192

$19,260

$26,748

$46,008

$15,624

$0

$15,624

37

$19,795

$14,319

$34,114

$19,795

$27,491

$47,286

$16,058

$0

$16,058

38

$20,330

$14,706

$35,036

$20,330

$28,234

$48,564

$16,492

$0

$16,492

39

$20,865

$15,093

$35,958

$20,865

$28,977

$49,842

$16,926

$0

$16,926

40

$21,400

$15,480

$36,880

$21,400

$29,720

$51,120

$17,360

$0

$17,360

41

$21,935

$15,867

$37,802

$21,935

$30,463

$52,398

$17,794

$0

$17,794

42

$22,470

$16,254

$38,724

$22,470

$31,206

$53,676

$18,228

$0

$18,228

43

$23,005

$16,641

$39,646

$23,005

$31,949

$54,954

$18,662

$0

$18,662

44

$23,540

$17,028

$40,568

$23,540

$32,692

$56,232

$19,096

$0

$19,096

45

$24,075

$17,415

$41,490

$24,075

$33,435

$57,510

$19,530

$0

$19,530

46

$24,610

$17,802

$42,412

$24,610

$34,178

$58,788

$19,964

$0

$19,964

47

$25,145

$18,189

$43,334

$25,145

$34,921

$60,066

$20,398

$0

$20,398

48

$25,680

$18,576

$44,256

$25,680

$35,664

$61,344

$20,832

$0

$20,832

49

$26,215

$18,963

$45,178

$26,215

$36,407

$62,622

$21,266

$0

$21,266

50

$26,750

$19,350

$46,100

$26,750

$37,150

$63,900

$21,700

$0

$21,700

51

$27,285

$19,737

$47,022

$27,285

$37,893

$65,178

$22,134

$0

$22,134

52

$27,820

$20,124

$47,944

$27,820

$38,636

$66,456

$22,568

$0

$22,568

53

$28,355

$20,511

$48,866

$28,355

$39,379

$67,734

$23,002

$0

$23,002

54

$28,890

$20,898

$49,788

$28,890

$40,122

$69,012

$23,436

$0

$23,436

55

$29,425

$21,285

$50,710

$29,425

$40,865

$70,290

$23,870

$0

$23,870

56

$29,960

$21,672

$51,632

$29,960

$41,608

$71,568

$24,304

$0

$24,304

57

$30,495

$22,059

$52,554

$30,495

$42,351

$72,846

$24,738

$0

$24,738

58

$31,030

$22,446

$53,476

$31,030

$43,094

$74,124

$25,172

$0

$25,172

59

$31,565

$22,833

$54,398

$31,565

$43,837

$75,402

$25,606

$0

$25,606

60

$32,100

$23,220

$55,320

$32,100

$44,580

$76,680

$26,040

$0

$26,040

Over 60

The following costs per fixture unit multiplied times the total number of fixtures determines the amount of the connection fee:

Per FU

$535

$387

$922

$535

$743

$1,278

$434

$0

$434

Note: One equivalent dwelling unit (EDU) equals 30 fixture units (FUs).

*Collection component charges exist pursuant to Resolutions 2009-1 and 2014-9 (Chapter 4.05 SD5MCC).

Enter table with the total fixture units per building computed from the Uniform Plumbing Code of Sanitary District No. 5 of Marin County. The corresponding amount is the basic connection charge.

The connection charge for total fixture units of more than 900 is computed at the same rate of charge as those in the table and may be obtained at the offices of the District.

[Ord. 2014-2 Exh. A; Ord. 2014-1B § 6 (Exh. A); Ord. 2006-2 § 5 (Exh. B); Ord. 2006-1 § 6 (Exh. A); Ord. 79-1 § 1 (Exh. A).]