Ord. No. XX-XX N.S.
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ORDINANCE NO. XX-26 N.S,
AN ORDINANCE OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
AMENDING ARTICLE XII OF THE MUNICIPAL CODE OF THE CITY OF RICHMOND BY ADDING AND AMENDING CHAPTER 12.19 TO REGULATE TEMPORARY SEWAGE
HOLDING TANK SYSTEMS
WHEREAS, the City of Richmond (“City”) is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws and that serve and protect the health, safety or welfare of the public; and
WHEREAS, the City approved and adopted Ordinance No. 09-19 N.S. amending Article XII of the Municipal Code by adding a Chapter 12.19 to regulate septic tanks and other onsite wastewater treatment systems; and
WHEREAS, the City approved and adopted Ordinance No. 01 -22 N.S. establishing a temporary moratorium on the issuance of building permits requiring sewer connections to the Keller Beach sanitary sewer; and declaring the urgency thereof; and
WHEREAS, the City approved and adopted Ordinance No. 05-22 N.S. establishing a 10- month and 15-day extension of Urgency Ordinance No. 01-22 imposing a temporary moratorium on issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer; and declaring an urgency thereof; and
WHEREAS, the City approve d and adopted Ordinance No. 02-23 N.S. establishing a temporary moratorium for the Keller Beach Sanitary Sewer; and
WHEREAS, the City approved and adopted Ordinance No. 03-23 N.S. establishing a 22- month and 15-day extension of Urgency Ordinance No. 02-23 imposing a temporary moratorium on issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer; and declaring an urgency thereof.; and
WHEREAS, the City approved and adopted Ordinance No. 06 -25 N.S. establishing an urgency ordinance regarding Keller Beach Sanitary Sewer Moratorium; and
WHEREAS, the City approved and adopted Ordinance No. 10 -25 N.S , pursuant to Government Code Section 65858, extending the existing moratorium (22 months and 15 days) on the issuance of bu ilding permits requiring a new sewer connection to the Keller Beach Sanitary Sewer (KBSS) and declaring the urgency thereof pursuant to Government Code Section 65858 ; and
WHEREAS, the Keller Beach Sanitary Sewer (KBSS) Moratorium was enacted due to limited sanitary sewer capacity and infrastructure constraints, restricting the issuance of new sewer connections to protect public health and prevent overloading of the existing wastewater system; and
WHEREAS, as a result of the KBSS Moratorium, certain properties within the affected area are unable to connect to the City’s sanitary sewer system, thereby constraining development, redevelopment, and continued lawful occupancy; and
WHEREAS, temporary sewage holding tanks are a n accepted interim wastewater management solution when permanent sewer service is unavailable, provided such systems Ord. No. XX-XX N.S.
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are properly designed, installed, operated, and monitored to protect public health and the environment; and
WHEREAS, the City currently do es not have adopted construction standards or a formal permitting framework governing the use of temporary sewage holding tanks in areas subject to sanitary sewer connection restrictions, including the Keller Beach area; and
WHEREAS, the Public Works Depa rtment, in coordination with its consultant Watearth, has prepared the City of Richmond Temporary Sewage Holding Tank Construction Standards and the Temporary Sewage Holding Tank Permitting Process to establish clear technical criteria, performance objecti ves, and administrative procedures for the temporary use of sewage holding tanks; and
WHEREAS, although the immediate need for these standards is driven by the Keller Beach Sanitary Sewer Moratorium, similar sanitary sewer capacity constraints, emergency conditions, or infrastructure limitations may arise in other areas of the City; and
WHEREAS, adoption of uniform standards and a permitting process applicable citywide will ensure consistent, transparent, and defensible regulation of temporary sewage hold ing tanks while preserving the City’s authority to require ultimate connection to permanent sewer infrastructure when available; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows based on the following findings and determinations:
SECTION 1. Findings and Determinations.
A. The regulation of temporary sewage holding tank systems is necessary to protect the public health, safety, and welfare of the residents of the City of Richmond.
B. Due to limited sanitary sewer capacity, including but not limited to the Keller Beach Sanitary Sewer Moratorium, certain properties are unable to connect to the City’s sanitary sewer system, constraining lawful occupancy and development.
C. In the absence of permanent sewer service, temporary sewage holding tank systems may provide an interim wastewater solution; however, such systems must be properly designed, installed, operated, and maintained to prevent risks to public health and the environment.
D. The establishment of uniform construction standards and a permitting process for temporary sewage holding tank systems ensures consistent, transparent, and enforceable regulation throughout the City.
E. Adoption of this ordinance will allow the City to ef fectively manage interim wastewater solutions while preserving the City’s authority to require connection to permanent sewer infrastructure when available.
F. This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that the re is no possibility that the activity in question will have a significant effect on the environment because the ordinance establishes regulatory standards and does not authorize or approve any specific development project unless the requirements are met and approved through the permitting process.
SECTION 2: Amendment of Article XII. Article XII of the Richmond Municipal Code is hereby amended by amending Chapter 12.19 to read as follows:
Ord. No. XX-XX N.S.
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Chapter 12.19
ONSITE WASTEWATER TREATMENT SYSTEMS
Sections:
12.19.010 Designation of County of Contra Costa as Enforcement Agency.
12.19.010.1 Designation of City of Richmond as Enforcement Agency of Temporary Sewage Holding Tank Systems.
12.19.020 Adoption of Contra Costa County Sewage Collection and Disposal Ordinance.
12.19.030 Adoption of Contra Costa County Health Officer Regulations for Sewage Collection and Disposal.
12.19.040 Temporary Sewage Holding Tank Systems.
12.19.040.1 Purpose and policy.
12.19.040.2 Authority.
12.19.040.3 Standards.
12.19.040.4 Permits required
12.19.040.5 Operational requirements.
12.19.040.6 Abandonment
12.19.040.7 Enforcement.
12.19.040.8 Indemnification.
12.19.040.9 Emergency authority.
12.19.040.10 Fees and security.
12.19.010 - Designation of County of Contra Costa as enforcement agency.
The City of Richmond recognizes, and hereby designates, the County of Contra Costa as the local agency responsible for the enforcement of requirements and prohibitions pertaining to onsite wastewater treatment systems. As such, the ordinance and regulations of the County of Contra Costa pertaining to onsite wastewater treatment systems shall be obeyed by all persons with the City of Richmond. Violation of the ordinance of the County of Contra Costa pertaining to onsite wastewater treatment systems, or any l awful rule or regulation adopted pursuant thereto, will be enforced by the County of Contra Costa in accordance with the provisions of Contra Costa County Ordinance No. 2018 -25, and any amendments thereto.
12.19.010.1 - Designation of City of Richmond as Enforcement Agency of Temporary Sewage Holding Tank Systems.
Notwithstanding the foregoing Section 12.19.010, the City shall be the sole authority having jurisdiction for the permitting, approval, inspection, enforcement, and administration of Temporary Sewage Holding Tank Systems. Contra Costa County shall not serve as the primary permitting or enforcement agency for such systems within the City.
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12.19.020 - Adoption of Contra Costa County Sewage Collection and Disposal Ordinance.
The Board of Superviso rs of the County of Contra Costa, an agency of the State of California within the meaning of Government Code Section 50022.1, has adopted County Ordinance No. 2018 -25 being a codification of provisions for the regulation of onsite wastewater treatment syst ems, and it is a code with the meaning of Government Code Section 50022.2. Certified copies of the above -referenced County ordinance are and have been on file with the City Clerk where they are open to public inspections as required by Government Code Sect ion 50022.3. The County ordinance may also be referred to as the Sewage Collection and Disposal Ordinance and said ordinance is referred to and adopted by this reference as part of this City ordinance, as provided for by Government Code Section 50022.2.
12.19.030 - Adoption of Contra Costa County Health Officer Regulations for Sewage Collection and Disposal.
The Board of Supervisors of the County of Contra Costa, an agency of the State of California within the meaning of Government Code Section 50022.1, h as adopted "Health Officer Regulations for Sewage Collection and Disposal". Certified copies of the above - referenced County regulations are and have been on file with the City Clerk where they are open to public inspections as required by Government Code S ection 50022.3. The County regulations may also be referred to as the Sewage Collection and Disposal Regulations and said regulations are referred to and adopted by this reference as part of this City ordinance, as provided for by Government Code Section 5 0022.2.
12.19.040 - Temporary Sewage Holding Tank Systems.
12.19.040.1 - Purpose and policy.
To allow interim wastewater solutions where sewer connections are unavailable, including areas subject to moratoria.
12.19.040.2 - Authority.
Except as otherwise provided herein, the Public Works Director shall administer, implement, and enforce the provisions of this Section 12.19.040. Any powers granted to or duties imposed upon the Public Works Director may be delegated by the Public Works Director to a duly authorized City employee.
12.19.040.3 - Standards.
The City of Richmond Temporary Sewage Holding Tank Construction Standards and Permitting Process are incorporated by reference.
12.19.040.4 - Permits required
Construction and operational permits shall be required. The City of Richmond Temporary Sewage Holding Tank Construction Standards and Permitting Process are incorporated by reference.
12.19.040.5 - Operational requirements.
Systems shall be maintained, monitored, and serviced by licensed haulers.
12.19.040.6 - Abandonment
Temporary Sewage Holding Tank Systems shall be removed or abandoned when permanent sewer service becomes available.
12.19.040.7 - Enforcement.
Violations shall be subject to penalties, permit revocation, and cost recovery.
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12.19.040.8 - Indemnification.
Permit holders shall indemnify and hold harmless the City and its agents.
12.19.040.9 - Emergency authority.
The City may take immediate corrective action to protect public health.
12.19.040.10 - Fees and security
In order to recover from users the cost of implementing the Temporary Sewage Holding Tank systems established in this chapter, the City Council shall adopt, by resolution, fees and charges, which may include:
A. Fees for monitoring, inspections, and surveillance procedures; B. Fees for permit applications;
C. Fees for filing appeals;
D. All fees, charges, and penalties, are due by the property owner; E. Other fees as the City may deem necessary to carry out the requirements contained in this chapter.
SECTION 3: Any provisions of the Richmond Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.
SECTION 4: Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION 5: Effective Date. All applications filed after or pending upon the date of final passage and adoption of this Ordinance shall be subject to this Ordinance. This Ordinance becomes effective thirty (30) days after its final passage and adoption.
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First introduced at a regular meeting of the City Council of the City of Richmond held on _______, 2026, and finally passed and adopted at a regular meeting held on _________, 2026, by the following vote:
AYES: Councilmembers Bana, Brown, Jimenez, Wilson, Zepeda, Vice Mayor Robinson, and Mayor Martinez.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
EDUARDO MARTINEZ
Mayor
Approved as to form:
SHANNON MOORE
Interim City Attorney
State of California }
County of Contra Costa :ss.
City of Richmond }
I certify that the foregoing is a true copy of Ordinance No. XX-26 N.S., passed and adopted by the City Council of the City of Richmond at a regular meeting held on June 16, 2026.
Pamela Christian, Clerk of the City of Richmond