The most recent version of the California Plumbing Code, including state of California amendments, based on the International Code Council's most recent version of the Uniform Plumbing Code, is adopted by this reference for enforcement in Lassen County with the same force as if is set forth in this chapter, with additions, deletions and modifications as set forth in this chapter and will be further referred to as the "Lassen County Plumbing Code."
(Ord. 2022-03 § 7)
When used in the Uniform Plumbing Code:
"Private sewage disposal system,"
in addition, means any means of sewage disposal which occurs solely on the property of, or on property in sole control of, the owner of the structure discharging sewage, whether permitted by this chapter or by the state of California.
"Public sewer,"
in addition, means any common sewer, accessible by the public, which is licensed, permitted or otherwise empowered by Lassen County or the state of California to accept, collect, treat or dispose of sewage or septage from residential, commercial or industrial structures.
(Ord. 427-D, 1993)
No private sewage disposal system shall be permitted or constructed on any property where a public sewer is available (as defined per UPC Chapter 11, Section 1101(d). The public sewer may be considered as not being available when such public sewer, or any building or any exterior drainage facility connected thereto, is located more than two hundred feet (60.8 m) from any proposed building or exterior drainage facility on any lot or premises which abuts and is served by such public sewer). Any private sewage disposal system legally constructed and operating prior to April 16, 1993, on a property to which a public sewer is available shall be considered nonconforming and exempt from this chapter unless determined to be in a state of failure by the Lassen County health officer. No such nonconforming system shall be permitted repairs, enlarging or upgrading unless upon submission of substantial evidence it can be proven to the Lassen County board of supervisors that connection to the available public sewer would cause significant economic hardship and that a threat to public health would not result from failure to connect to the public sewer.
(Ord. 427-D, 1993)
(a) 
Notwithstanding anything to the contrary contained within Lassen County Zoning Ordinance, Title 18, lot size requirements shall be as follows:
(1) 
On New Divisions of Land. If the lot is to be served by a single connection well for the source of domestic water and the sewage disposal is by means of a septic tank system, then the lot size shall not be less than one acre. Further, no septic tank system shall be installed on any parcel of land unless in the opinion of the Lassen County health officer adequate area and soil conditions exist for the proper installation of the necessary septic tank system.
(2) 
On Existing Parcels of Land. Existing, legally created lots which are less than one acre in size may be developed if the applicant has demonstrated to the Lassen County health director or designee, through the variance process, that adequate area and on-site soil conditions exist for the proper installation of the necessary septic tank system. In determining the adequate lot area, the Lassen County health department shall consider the area required for the original septic tank installation and the area available for future replacement of the system.
(b) 
Variance. Any owner of a legally created parcel of land or a lot with less than one acre may apply for a variance. However, no variance shall be granted for parcels having a net area of less than fifteen thousand square feet, or for developments proposing more than two equivalent dwelling units, (EDUs) per acre without prior approval by the regional water quality board.
(c) 
Standards for Variances. Variances from the provisions and requirements set out above may be granted in cases of unnecessary hardship in accordance with the following procedure:
(1) 
Each applicant for a variance pursuant to this section shall file a written request and fee (as set forth in Ch. 18.110 of this code) therefore with the building official and the Lassen County health department. The request shall describe the property for which the variance is sought and will state the nature and extent of the desired variance with the particular reasons and grounds for the request.
(2) 
The county health officer shall send notice of the proposed variance by certified mail or deliver to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed variance at least ten days prior to the county health officer rendering his or her decision. Said notice shall include the opportunity and procedure to request that a public hearing be held on the matter. If a request for hearing is not received by the health officer within such ten-day period, the health officer shall have the authority to render his or her decision relating to the granting of the variance without a public hearing.
(3) 
A sworn written statement within such ten-day period describing the particular reasons and grounds for either granting or denying the proposed variance shall be construed as a request for hearing at which the presence of the requesting party is not required. The person(s) requesting the hearing may appear in person at any hearing requested or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
(4) 
The Lassen County health officer shall investigate the facts represented in the application for the variance and shall within thirty days of its receipt, render his or her decision relating to the granting of the variance. The decision shall include a statement of whether, or not, the lot in question contains adequate soil conditions and sufficient area to install and utilize a private sewage system. The decision shall contain findings of fact based on an investigation of the site characteristics. A copy of the decision shall be mailed by certified mail, to the owner of the parcel.
(5) 
The decision of the health officer shall be final unless appealed to the board of supervisors. The health officer shall notify the clerk of the board of supervisors of his or her decision, the date upon which the decision became final and the last date upon which an appeal may be made. If the board of supervisors does not receive an appeal within twelve days of receipt of the health officer's decision, it shall be deemed to have ratified and adopted the health officer's decision.
(6) 
Within the twelve-day period referred to in subsection (c)(5), the owner of the property may appeal the decision of the health officer to the Lassen County board of supervisors if such individual or entity does all of the following:
(A) 
Delivers a written appeal specifically setting forth the grounds for appeal to the clerk of the board of supervisors within the twelve-day appeal period; and
(B) 
Within fifteen days of being notified by the clerk of the board of supervisors, the appellant shall deposit with the clerk of the board an amount of money equal to the estimated cost of transcribing the oral proceedings before the board and the cost of duplicating the administrative record and exhibits introduced at the hearing. The appellant shall be responsible for the cost of the appeal and record; provided, however, that if the board upholds the appeal and grants the variance, then the costs of the appeal shall be borne by the county.
(7) 
A public hearing of the appeal shall be held within sixty days after the filing of a written appeal, notice of which shall be given by one publication in a newspaper of general circulation in the county and by posting notice on the property involved or adjacent thereto and by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed variance at least ten days prior to such hearing.
(8) 
The board of supervisors, the board shall hear all facts and testimony it deems pertinent. The board shall then adopt or reject the decision of the health officer.
(9) 
In any case, where a variance has not been used within one year after the date of granting thereof, then, without further action by the health officer or board of supervisors, the variance granted shall be null and void.
(d) 
Where sewage systems are being replaced, repaired or enlarged on parcels of less than one acre, a variance shall not be required provided the health officer determines that the lot in question contains adequate soil conditions and sufficient area to install and utilize a private sewage system.
(Ord. 369 § 4(b)(5), 1965; Ord. 416 § 4(B)(1), 1974; Ord. 427 § 4(B)(1), 1977; Ord. 427-A § 3, 1981; Ord. 569 § 3, 2008)
Section I-10(b) of the Uniform Plumbing Code will read as follows:
(b) 
TESTING
(1) 
Septic tanks or other primary components may be required to be filled with water to flow line prior to requesting inspection, in which case all seams or joints shall be left exposed (except the Bottom) and the tank shall remain watertight.
(2) 
A flow test may be required through the system to the point of effluent disposal. All lines and components shall be watertight. Capacities, required air space, and fittings shall be in accordance with the provisions set forth in this Appendix.
(Ord. 427-A § 3, 1981)