Sec. 34-441. - Definitions.

The following definitions shall apply in the interpretation and the enforcement of this division:

Baffle shall mean any wall or separation that prevents the fluid from the influent channel of the septic tank from flowing directly through to the effluent channel. This may be accomplished by use of a wall, a weir or a sanitary tee.

Septic tank system shall mean a system for the treatment of sewage or water-borne wastes from a dwelling or business establishment. The septic tank system shall consist of a watertight drain line from the house to a watertight septic tank, a distribution box and an absorption field consisting of trench, gravel and disposal line.

(Code 1950, § 58-6; Ord. No. 21416, § 1, 6-23-55; Code 1959, § 18-65; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-442. - Enforcement.

It shall be the duty of the director of public health to enforce the provisions of this division, and, in the performance of this duty, he or his duly authorized agent is hereby authorized to enter, at any reasonable hour, any premises as may be necessary in the enforcement of this division.

(Code 1950, 58-1; Code 1959, § 18-66; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-443. - Mandatory disposal facilities.

It shall be unlawful to permit, maintain or use any ground, lot, yard, residence, place of business or other place or building within the city where persons reside, congregate or are employed which is not provided with means for the disposal of human excreta, either by a flush toilet connected with a sewerage system approved by the state department of health, a septic tank conforming to the requirements of this division or a privy which meets the requirements of construction and maintenance provided in this division.

(Code 1950, § 58-2; Code 1959, § 18-67; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-444. - Connection to sanitary sewer.

Every residence, place of business or other building or place where persons reside, congregate or are employed, which abuts a street in which there is a public sanitary sewer or which is within two hundred (200) feet of a public sanitary sewer, shall be connected to the sewer by the owner or agent of the premises in the most direct manner possible and with a separate connection for each home, building or place. Each connection and each fixture emptying through the connection shall be installed in the manner prescribed by Chapter 24.

(Code 1950, §§ 17-1, 58-3; Code 1959, § 18-68; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-445. - Alternate facilities where sewer connection not required.

Every residence, place of business or other building or place where persons reside, congregate or are employed and which does not abut a street in which there is a public sanitary sewer or which is not within two hundred (200) feet of a public sanitary sewer shall be provided with a private water flush toilet, or a privy, to be built or rebuilt, constructed and maintained in such a manner as to meet the requirements of construction and maintenance set out in this division.

(Code 1950, § 58-4; Code 1959, § 18-69; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-446. - Abatement of nonconforming facilities.

Any privy or private sewer existing or being maintained which does not conform to the requirements of this division shall be declared a nuisance, dangerous, and a menace to the public health, and the city shall have the power to abate any such nuisance in accordance with law.

(Code 1950, § 58-5; Code 1959, § 18-70; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-447. - Maintenance and repair of sewer laterals—Generally.

(a)

The improper maintenance and repair of sewer laterals is found to constitute a public health hazard.

(b)

It shall be the responsibility of the owners of real property located within the city limits of San Antonio and within the extraterritorial jurisdiction of San Antonio to own, operate, and maintain that portion of the sewer lateral located on such real property from the structure(s) which such sewer lateral(s) services to the commencement of the public street or public alley right-of-way which is contiguous to the real property.

(c)

It shall be the responsibility of the city acting by and through the city water system ("system"), within those portions of the city limits of San Antonio and its extraterritorial jurisdiction receiving retail sewer service from the system, to own, operate, and maintain that portion of a sewer lateral located in a public street or public alley right-of-way.

(1)

System maintenance of a sewer lateral located in a public street or public alley right-of-way will constitute a dedication and acceptance of such sewer lateral for ownership by the system.

(2)

Diagrams depicting the location of sewer laterals for ownership, maintenance, and operation purposes are set out in exhibit(s) A and B which are attached hereto and incorporated herein (on file in the office of the city clerk).

(3)

The standard right-of-way widths for public streets set out in section 34-4113 of this Code, as amended, shall be applicable to this section. Public right-of-ways widths for alleys set out in subsection 35-4122(i) of this Code, as amended, shall be applicable to this section.

(Code 1959, § 18-68.1; Ord. No. 54344, 9-24-81; Ord. No. 80574, § 11, 8-4-94; Ord. No. 89695, § 1, 4-29-99)

Sec. 34-448. - Same—Notice to abate; applicability.

(a)

This section is applicable when a health hazard is caused by the lack of maintenance and/or repair of that portion of the sewer lateral which is the responsibility of the owner of real property as set out in subsection 34-447(b) above.

(b)

Whenever the director of the city metropolitan health district, building inspections director, or a respective authorized agent thereof receives information of the existence of a faulty sewer lateral or sewer pipe located within a structure on said real property a sanitary inspector, sanitarian, or plumbing inspector shall serve the owner or his agent with a written notice to abate the condition causing the health hazard within three (3) days.

(Code 1959, § 18-68.2; Ord. No. 54344, 9-24-81; Ord. No. 80574, § 11, 8-4-94; Ord. No. 89695, § 1, 4-29-99)

Sec. 34-449. - Same—Failure of owner to repair; penalty.

(a)

It shall be unlawful for the owner of real property located within the corporate limits of the city to knowingly fail (1) to repair or replace a faulty sewer pipe or connection located within a structure on said real property, or (2) to repair or replace that portion of a sewer lateral which is the responsibility of the owner as defined in subsection 34-447(b) herein.

(b)

Any person, firm, corporation or agent or employee thereof who violates any of the provisions of this division shall be fined an amount not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) provided, however, in the event a defendant has once previously been convicted under this division, the defendant shall be fined an amount no less than two hundred dollars ($200.00) and shall be fined no less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter. Each day a violation is permitted to exist shall constitute a separate offense.

(c)

Nothing in this section shall limit the remedies available to the city in seeking to enforce the provisions of this division nor effect the city's authority to initiate other legal or equitable actions to abate any nuisance as herein defined.

(Code 1959, § 18-68.3; Ord. No. 54344, 9-24-81; Ord. No. 64489, § 6, 2-5-87; Ord. No. 80574, § 11, 8-4-94; Ord. No. 89695, § 1, 4-29-99)

Sec. 34-450. - Same—Hearing for termination of water service.

(a)

Applicability. This section is applicable in those instances when (i) the owner fails to repair sewer pipe located within a structure located on the real property, or (ii) the owner fails to repair that portion of the sewer lateral set out in subsection 34-447(b) for which the owner is responsible, (the premises).

(b)

Requested to obtain order. Where the danger to public health created by a faulty sewer pipe is deemed significant by a sanitary inspector or sanitarian, that person may request a hearing before the director of the city metropolitan health district for the purpose of obtaining an order to terminate water service to the premises.

(c)

Setting date, time; notice to owner or agent. Upon receipt of such request, the director of the city metropolitan health district shall immediately set a date and time for a hearing. Notice of the hearing shall be given in writing to the owner and occupant of the affected premises, served either by personal service or by United States certified mail, return receipt requested, at least seven (7) days before the scheduled hearing date. In the case of a business entity, such notice shall be given to the registered agent for service as reflected in the records of the secretary of state.

(d)

Complaint response. At the hearing provided for in this section, the complaining sanitary inspector or sanitarian shall set forth the danger created to the public health by the faulty sewer pipe. The owner or occupant, if either appears, or his legal representative shall be granted an opportunity to respond and cross-examine the complainant or his witnesses, and to present witnesses. Testimony shall, upon request, be given under oath.

(e)

Determination; issuance of order notice of termination; reinstatement. Thereafter, the director of the city metropolitan health district shall determine if a clear and present danger to the public health has been shown, and if he so finds, he shall issue an order to the city water system ("system") stating his finding and directing the termination of water service to the offending premises; the general manager of the chief executive officer (CEO) shall, upon receipt of the order, give the occupant of the premises written notice of the intention to terminate water service twenty-four (24) hours prior to the termination thereof. Upon the expiration of the twenty-four-hour notice period the chief executive officer (CEO) of the city water system ("system") shall cause water service to the premises to be terminated. Upon written notice from the director of the city metropolitan health district that the sewer pipe has been repaired, the chief executive officer (CEO) shall reinstate water service to the premises.

(Code 1959, § 18-68.4; Ord. No. 54344, 9-24-81; Ord. No. 80574, § 11, 8-4-94; Ord. No. 89695, § 1, 4-29-99)

Sec. 34-451. - Septic tanks—Permit required; percolation tests.

It shall hereafter be unlawful for any person to construct a septic tank system without first obtaining a written permit from the director of public health. Such permit shall be displayed at the site of construction until approval is obtained from the director of public health. Prior to issuance of such a permit, percolation tests shall be conducted at the site of the proposed installation. These percolation tests shall be conducted by the director of public health or a registered professional engineer and shall serve as a basis for determining the minimum length of disposal line as outlined in section 34-208. All percolation tests shall be conducted in accordance with procedure as outlined by the director of public health. The fee for conducting the percolation tests by the director of public health shall be ten dollars ($10.00), payable in advance. Results of percolation tests must be submitted at the time of application for permit.

(Code 1950, § 58-6; Ord. No. 21416, § 2, 6-23-55; Code 1959, § 18-71; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-452. - Same—Permit fee.

The fee for a permit to construct a septic tank system shall be five dollars ($5.00), payable at the time of issuance of such permit.

(Code 1950, § 58-6; Ord. No. 21416, § 3, 6-23-55; Code 1959, § 18-72; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-453. - Same—Requirements for systems.

It shall hereafter be unlawful for any person to construct a septic tank system that does not conform to the following minimum requirements:

(1)

Septic tank.

a.

Location. The tank shall be located not less than ten (10) feet from any property line, not less than five (5) feet from the foundation of any structure and not less than fifty (50) feet from any water well.

b.

Liquid capacity. The minimum liquid capacity for single-family dwellings shall be based on the number of bedrooms in the dwelling as follows:

2 bedrooms or less .....500 gallons

3 bedrooms .....600 gallons

4 bedrooms .....750 gallons

For capacities other than single-family residences, the director of public health will determine the minimum capacity of the septic tank. The liquid depth of any tank or compartment thereof shall not be less than two and one-half (2½) feet nor more than six and one-half (6½) feet. When multicompartment tanks are used the inlet compartment shall have a liquid capacity of not less than two hundred and fifty (250) gallons. The liquid capacity shall be increased by fifty (50) percent when household garbage grinders discharge into the system.

c.

Scum storage. Scum storage volume (space between the liquid surface and the top of the tank) shall be not less than twelve (12) inches.

d.

Inlet baffle. The inlet baffle shall extend not less than six (6) inches below the liquid surface and not less than four (4) inches above the liquid surface.

e.

Outlet baffle. The outlet baffle shall extend not less than twelve (12) inches below the liquid surface and not less than six (6) inches above the liquid surface. The outlet shall not extend above the level of the inlet nor more than three (3) inches below the level of the inlet.

f.

Multicompartment tanks. When multicompartment tanks are used, a connection between compartments with a minimum diameter of four (4) inches shall be provided, and the inlet and outlet baffle submergency shall conform to the specifications for a single-compartment tank.

g.

Passage of waste. All kitchen waste, laundry waste and sewage shall pass through the septic tank before being discharged into the absorption field.

h.

Construction. The tank shall be constructed of reinforced concrete or metal such as to ensure watertightness and prevent the entrance of rainwater, surface drainage or groundwater Metal tanks shall comply with commercial standard 177-51 of the United States Department of Commerce.

i.

Manholes. All septic tanks shall be provided with manholes, removable lids or removable top sections. If a manhole is used, it shall be placed over the inlet and an inspection hole shall be placed over the outlet.

(2)

Distribution box. A distribution box of sufficient size to accommodate the necessary disposal lines shall be constructed at the head of each disposal field.

a.

Each disposal line shall be connected separately to the distribution box and shall not be subdivided.

b.

The invert of all outlets shall be level and the inlet invert shall be at least one (1) inch above the outlets.

c.

The outlet inverts shall be from four (4) to six (6) inches above the floor in lieu of a baffle for the purpose of securing equal distribution.

d.

Metal distribution boxes shall comply with commercial standard 177-51 of the United States Department of Commerce.

(3)

Location of absorption field. The absorption field shall be not less than one hundred and fifty (150) feet from any water well and not less than ten (10) feet from any dwelling or property line.

(4)

Minimum length of disposal line. All septic tank systems shall be provided with a minimum of disposal line based on the results of the percolation tests as follows. (A minimum of one hundred (100) linear feet of four-inch drainpipe shall be provided per installation.):

When automatic washers discharge into the system, the minimum length of absorption field shall be increased by thirty-six (36) percent, and when garbage grinders discharge into the system the minimum length of absorption field shall be increased by twenty (20) percent. When both automatic washers and garbage grinders discharge into the system, the minimum length of absorption field shall be increased by sixty-six (66) percent.

(5)

Construction of disposal line trenches. All disposal line trenches shall have a minimum bottom width of eighteen (18) inches. The minimum distance of disposal line trenches center to center shall be six (6) feet. The grade of the disposal line trenches shall not exceed four (4) inches per one hundred (100) feet. The disposal field tile shall be laid one-fourth-inch open joints on a grade not to exceed four (4) inches per one hundred (100) feet. All open joints shall be protected on top by asphalt-treated building paper. There shall be a minimum of six (6) inches of gravel underneath disposal tile and two (2) inches over the tile, covering the entire width of the trench. The gravel shall be clean-washed, varying in size from one-half (½) to two and one-half (2½) inches. A layer of straw or absorbent paper shall be placed over the top of the gravel before the backfill is added. A minimum of twelve (12) inches of backfill shall be placed over the straw or absorbent paper. The maximum length of any disposal line shall not exceed one hundred (100) feet.

(Code 1950, § 58-6; Ord. No. 21416, § 4, 6-23-55; Code 1959, § 18-73; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-454. - Same—Inspection by health officer.

It shall hereafter be unlawful for any person to cover or use any portion of the septic tank system until the director of public health has inspected the septic tank system and given notice of approval stating that the construction conforms to the provisions of sections 34-451 through 34-453. If the construction of the system does not comply with the provisions of sections 34-451 through 34-453 the director of public health shall issue written notice to the holder of the permit specifying corrections that must be made so that the system will comply with such provisions. After such corrections have been completed, the permit holder shall call for another inspection.

(Code 1950, § 58-6; Ord. No. 21416, § 5, 6-23-55; Code 1959, § 18-74; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-455. - Privies—Construction requirements.

(a)

Minimum standards. Where at any time there shall be established or installed a pit privy, it shall be so constructed, built or rebuilt that:

(1)

The excreta deposited therein shall not fall upon the surface of the ground, but shall enter into a vault or pit in the ground.

(2)

The contents of such vault shall be at all times inaccessible to flies, mosquitoes, fowl or small animals.

(3)

The pit, vault or compartment, together with the floor, riser, seat and other portions of the building shall, as a unit, prevent the entrance of either rain or surface water into the pit below.

(b)

Construction. There shall be deemed to be compliance with the requirements of the preceding subsection when the following conditions exist:

(1)

Minimum pit dimensions.

a.

Length and breadth: three (3) feet six (6) inches;

b.

Depth, from original ground surface, five (5) feet;

c.

A box cribbing shall extend from the bottom of the pit to a distance of two (2) inches above the original ground surface.

(2)

Collar or sill. Around the pit, and clearing the cribbing by a distance of one (1) inch, shall be placed a reinforced concrete collar or sill not less than four (4) inches thick and five (5) inches wide, such sill to be cast monolithic, or in one (1) piece.

(3)

Floor and riser. Upon the sill or collar shall be placed the floor and riser, which shall be a substantial reinforced concrete slab four (4) feet by four (4) feet, with bolts set in the concrete for bolting the house and the seat to such slab.

(4)

Mound. From the top edge of the slab, a well-tamped mound shall be constructed tapering from the edge of the slab to the original ground surface at a distance not less than eighteen (18) inches from the slab.

(5)

Seat and lid. The seat shall be constructed of a good grade of wood, two (2) inches thick. There shall be an opening at the back of the seat for a four-inch galvanized iron vent pipe, which shall be screened at both ends with sixteen-mesh copper wire screen. The vent pipe shall extend to a height of not less than eight (8) inches above the roof, and shall be provided with a metal cap to prevent the entrance of rain or the light of day. The seat shall be grouted to the riser so that no cracks exist which will permit the entrance or exit of flies or mosquitoes. The seat shall be provided with a self-closing lid. A device shall be used which will maintain the lid in an open position when the toilet is being used, but which will automatically close the lid when the door is opened for exit from the toilet.

(6)

House. The house shall be four (4) feet square, five (5) feet five (5) inches high in the back, and six (6) feet six (6) inches high in front, and shall be provided with a shed roof. The building shall be ventilated on each side just under the roof. The roof shall extend five (5) inches in front and fifteen (15) inches behind and nine (9) inches on each side.

(Code 1950, § 58-7; Code 1959, § 18-75; Ord. No. 80574, § 11, 8-4-94)

Sec. 34-456. - Same—Maintenance; repair.

(a)

All privy buildings shall be kept in a clean condition at all times.

(b)

Should any defect occur in a privy which would cause it in any way to fail to meet the requirements provided in sections 34-455 and subsection (a) of this section, the defect shall be immediately corrected by the owner or agent of the premises on which the defect has occurred, unless the defect shall be caused by neglect, destructiveness or carelessness on the part of the occupant of the premises on which the defect has occurred, or through his agent, in which case the defect shall be immediately repaired or corrected by the occupant or the agent of the occupant of the premises on which the defect has occurred.

(Code 1950, §§ 58-8, 58-9; Code 1959, § 18-77; Ord. No. 80574, § 11, 8-4-94)

Secs. 34-457—34-470. - Reserved.