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HomeMy WebLinkAboutMINUTES - 09101985 - 2.4 ? 00. j TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: September 10, 1985 SUBJECT: Response to Board Referral on Enforcement of Ordinance No. 8, Sanitation District No. 15 Specific Requests or Recommendations & Background & Justification RECOMMENDATION Accept report BACKGROUND On May 21, 1985 the Board of Supervisors acknowledged receipt of a Resolution of the Contra Costa County Sanitation District No. 15 Citizens Advisory Committee. The Resolution requested enforcement of Section 3.3 of Contra Costa County Sanitation District 15 Ordinance No. 1 as amended by Ordinance No. 8. Ordinance No. 8 which amends Ordinance No. 1, Section 3.3 requires that owners of any— premises inhabited or used by human beings within Sanitation District 15 (SD15) shall connect to the sewer system. This ordinance was adopted by the Board of Supervisors on February 28, 1984. Subsequent to the adoption of Ordinance No. 8 the Citizens Advisory Committee (CAC) for SD15 passed a resolution requesting the Board of Supervisors, as Directors of SD15, to take positive action to enforce the Articles of Ordinance 1, Section 3.3, as amended to carry out the intent and enforcement of said sections towards the ultimate connection of all habitable properties within SD15. The motivation behind this resolution from the CAC was to spread the cost base to all properties in the District. Leisure Landing, a large marina on Bethel Island, is not connected to the sewer system. If Leisure Landing were to connect they would pay for a significant number of units and this may permit a reduction in the annual sewer fee. The owners of Leisure Landing have requested an exemption from the ordinance because of the distances from the marina's facilities and the District's sewer system. Continued on attachment: X yes Signature• Recommendation of County Administrator /Recommenda n of Eroar4eoCommittee Approve Other: Signature(s): Action of Board on: SEP 10 1985 .Approved as Recommended Other_ Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN 1_0�unanimous (Absent AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: - Attested SEP 101985 Orig. Div.: Public Works Maintenance Phil Batchelor cc: Public Works Dept. Clerk of the Board of Chair, SD15 Supervisors and County Health Department Administrator By DEPUTY /PC sdl5rptbo.t8 Staff has learned that although the new ordinance required the owner of any premises to connect to the District when the main sewer is in the adjoining street, the only express provision in the County Sanitation District Act (under which Contra Costa County Sanitation District No. 15 is organized) providing for the compelling of connection to a District sewage system is Section 4762 of the Health & Safety Code which provides in pertinent part as follows: "4762. . . The Board of Supervisors may prohibit the use of cesspools or other local means of sewage disposal and declare the same to be a public nuisance in any area in the District which is outside of any incorporated city and may require all buildings inhabited or used by human beings to be connected with the sewage system" . Staff also found that when the Board of Supervisors takes actions pursuant to Section 4762, it does so as the Governing Body of Contra Costa County and not as the Board of .Directors j of the District. The County Sanitation District Act does not provide the District's Board of Directors the same authority available to a Board of Supervisors acting in its capacity as the Governing Body of the County and exercising its Section 4762 powers. The question that arises is what is required for the Board of Supervisors to declare a public nuisance. Although Section 4762 does not explicitly state that any evidence is required before the Board of Supervisors can make such a finding of public nuisance, staff has learned from County Counsel that it would not be a wise decision on the part of the Board of Supervisors to make a finding unless they have proof from either the County Health Officer or the Regional Water Quality Control Board that a public nuisance does, in fact, exist. The Health Services Department conducted a series of site investigations to determine if --a-- public nuisance existed or if there was a demonstrated failure of the existing sewage disposal system in Leisure Landing. They found that the existing subsurface sewage disposal systems have not evidenced failure as defined by the Contra Costa County Ordinance Code. Failure is defined as either the surfacing of sewage or the inability of the facility sewerage fixtures to properly function. Therefore, the Health Department is unable to support a finding that a public nuisance exists. The Health Department's site evaluation of Leisure Landing does not indicate a probable degradation of ground water aquifers that would impact on drinking water supplies. They have therefore agreed to allow the continued use of existing subsurface sewage disposal systems on the condition that: 1. Any demonstrated failure of existing septic tank systems would compel an immediate order to connect the fixtures to the Sanitation District 15 sewer system or to cease occupancy. 2. Any expansion or reopening of current existing facilities would compel , connection to Sanitation District No. 15 facilities. 3. Construction of any new facilities on the property shall require connection to Sanitation• District No. 15 facilities. 4. Development at the northwest end of the island which makes the sanitary sewer available to the property as defined in Section 420-6.115 of the Ordinance Code of Contra Costa County, Title IV would require immediate connection to Sanitation District No. 15 facilities. The Health Department will continually review the sewage disposal facilities which currently exist at Leisure Landing and will issue an order to connect to SD15 sewer system at any point where the above stated conditions occur.