613-5. Pit Privies.
It shall be unlawful to construct, maintain, or use a pit privy except as provided below:
(a) A pit privy may be used in conjunction with a dwelling constructed pursuant to Article 10, Title 25, California Code of Regulations. A pit privy may also be used as an auxiliary sewage treatment system for a dwelling which is served by a conventional septic tank-leachfield sewage treatment system or in campgrounds where other liquid wastes requiring sewage disposal are not generated. (Ord. 2351, § 20, 12/6/2005; Ord. 2584, § 4, 11/7/2017)
(b) A pit privy shall be located only in a rural area. For the purpose of this section “rural” is defined as that part of Humboldt County which is outside the boundaries of an incorporated city, a community services district, a sphere of influence as designated by the Local Agency Formation Commission, or a city established planning area (Government Code § 65300) in the absence of an official city sphere of influence; or outside an urban limit line as designated in the Humboldt County Coastal Land Use Plans; or which is within a community services district or sphere of influence which is located beyond the reasonably projected availability of community services, and which is zoned to permit residential use either as a principal use or with a conditional use permit. (Ord. 2584, § 4, 11/07/2017)
(1) For purposes of this section “community services” means water or sewer.
(2) If there is any question that land for which a permit is being sought under this section is located beyond the reasonably projected availability of community services, the matter shall be resolved by obtaining from the appropriate city or community services district a written statement indicating whether the city or district intends to serve the parcel in question in the foreseeable future. The written answer of the city or district shall be conclusive as to whether the land for which a permit is sought is located beyond the reasonably projected availability of community services.
(c) A pit privy shall be allowed only on a parcel of land two (2) acres or greater in size.
(d) A pit privy shall be allowed for a dwelling only when the proposed building site has been evaluated and the site has been determined to be suitable for the installation of a conventional septic tank-leachfield sewage treatment system and reserve area. A determination that there is adequate area for the installation of a conventional sewage treatment system and reserve area shall not be necessary when a pit privy is proposed to be used to attempt to repair a failing sewage treatment system that cannot be corrected due to local conditions such as soil percolation value, high ground water, or insufficient area. (Ord. 2584, § 4, 11/7/2017)
(e) A pit privy shall be located in an area suitable for the installation of a conventional septic tank-leachfield sewage treatment system. However, no pit privy shall be located closer than fifty feet (50') to a property line. The Health Officer may waive the fifty feet (50') property line setback when the adjoining property owner agrees to the waiver in writing. (Ord. 2584, § 4, 11/7/2017)
(f) A dwelling which has a pit privy and which is not connected to a conventional septic tank-leachfield sewage treatment system shall be connected to a graywater system approved by the Health Officer. Graywater systems are addressed in Chapter 7 of this division. (Ord. 2584, § 4, 11/7/2017)
(g) The Health Officer shall adopt regulations in accordance with § 612-1 of this Code, which will determine the site criteria, construction standards, and maintenance standards for pit privies and graywater systems. Such regulations shall require that a pit privy be a sanitary pit privy constructed in a manner to exclude flies and other possible disease vectors from the earthen pit. The regulations adopted shall also provide that pit privies and graywater systems be constructed only in a manner which will prevent pollution or contamination of ground water or surface water. The regulations shall further provide that pit privies and graywater systems be maintained in such a manner as to prevent the spread of communicable disease and nuisance conditions. (Ord. 945, § 12, 10/2/1973; Ord. 1565, § 1, 11/30/1982; Ord. 2584, § 4, 11/7/2017)