TITLE IV ONSITE WASTEWATER
MANAGEMENT CODE

CHAPTER 4.01 ADMINISTRATIVE PROVISIONS

Sections:

4.01.010  Purpose
The purpose of this code is to implement the provisions of Article 10, Chapter 1, Part 5, Division 12 of the Water Code of the State of California (Section 31145 et seq.) and more specifically to establish regulations to control and enhance the quality of the ground and surface waters of the District by regulating, prohibiting, or controlling the discharge of pollutants, waste, or any other materials into the ground or surface waters or the contiguous water bodies of the District.

4.01.100  Title, Citation, and Reference
These regulations shall be known as the "Onsite Wastewater Management Code of the Stinson Beach County Water District," may be cited as "Wastewater Code", and will be referred to herein as "this code."

4.01.200  Scope
The provisions of this code shall apply to all discharge and potential discharge of waste or wastewater into soils and waters located within the District. It is the intent of the District to prevent the contamination, pollution, or otherwise rendering unfit for beneficial use, of ground or surface waters.

4.01.210  Application to All Current and Future Dischargers
The provisions of this code shall apply to all persons and properties from which waste or wastewater may be discharged.

4.01.230  Disposal of Waste
No person shall place, deposit, or permit to be deposited upon, within or under, public or private property within the District in a manner not in conformance with all federal, state, and county laws, ordinances, and regulations or in an unsanitary manner, any human or animal excrement, garbage or offal, or other waste or wastewater which may degrade the quality of ground or surface waters.

4.01.280  Separate Wastewater Treatment System Required for Each Parcel
No wastewater treatment system shall be constructed, repaired, or replaced to serve more than one parcel. No wastewater treatment system shall be constructed on a separate parcel from the building served unless the parcels are merged or the wastewater treatment system is located within an access and utility easement granted in perpetuity for operation, maintenance, or repair of the wastewater treatment system.

4.01.290  Failure to Obtain Required Permit
Any person who commences construction, maintenance, repair, or replacement of a septic system without first obtaining a required permit may be subject to a penalty as prescribed by the General Manager in accordance with Section 4.05.410.

4.01.310  Repair or Replacement
Non-maintenance septic system repairs or replacements shall be permitted by the District where the General Manager finds that every element, component, or part of said repair or replacement meets or exceeds the established design standards, set forth in this code and the septic system shall be repaired and/or replaced in conformance with the design standards in effect at the date of the application of repair or replacement.

4.01.410  Alterations and Additions Amounting to New Construction
Whenever any person makes application to the County of Marin for a building permit for the purpose of making any alterations to, or enlargements to, a structure, or makes application for the building of a new structure which meets the definition of new construction (as defined in Section 4.03.252) said applicant shall demonstrate that all of the existing septic system components meet the requirements set forth in this code.

4.01.430  Alterations and Additions Not Amounting to New Construction
Whenever any person modifies or incorporates an addition to an existing structure, or alters the original structure in a manner that does not constitute new construction (as defined in Section 4.03.252), that person shall, prior to the issuance of a permit and commencement of construction:

1. Be in possession of a valid wastewater discharge permit; and
2. Have had a system inspection conducted within the previous six months; and
3. If the footprint of the building or structure is to be altered or enlarged, or if a new structure is to be added, demonstrate that sufficient space exists on the lot to construct a wastewater treatment system which complies with this code.

4.01.440  Application for Exemption
To obtain an exemption to Section 4.01.410, the owner of the property on which the alteration or enlargement is proposed shall file an application on a District form and shall pay the prescribed application fee. Every such application shall provide:

1. A site plan that delineates the location of the septic system, all structures located on the property, nearby geologic features (such as cut banks), watercourses, wetlands, water wells, a dedicated reserve area, and property slope; and
2. Proof of a special inspection of the system within the previous 45 days with a statement of determination made by District Staff that the system is in good working condition and that it does not pose a threat to public health; and
3. Copies of all documents and plans submitted to the County of Marin for such alteration or enlargement; and
4. Any other item determined to be necessary by the District Engineer and/or the General Manager to adequately evaluate the system.

4.01.910  Other Requirements
Nothing within this code shall be construed to reduce or impede or otherwise interfere with any additional requirement that may be imposed by any law, ordinance, rule, or regulation of a legally constituted authority having jurisdiction over such matters.

4.01.920  Violation a Misdemeanor
Any violation of this code is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment not to exceed 60 days or both. Each day of such a violation shall constitute a separate offense.

4.01.930  Annual Review and Amendment
This code shall be reviewed annually by the District Wastewater Committee for applicable changes in State Health requirements and/or Regional Water Quality Control Board regulations. The Board of Directors shall complete a full review of this code at no less than three-year intervals. This code may not be amended except by ordinance of the Board of Directors of the Stinson Beach County Water District with the written approval of the Executive Officer of the Regional Water Quality Control Board of California.

4.01.990  Severability
If any section, subsection, sentence, clause, or phrase of this code is, for any reason, held to be unconstitutional or unenforceable, such decision shall not affect the validity of the remaining portions of this code. The Board of Directors hereby declares that it would have passed this code, each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.