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"DEPARTMENT" shall mean the Department of Environmental Health and Quality.
"DIRECTOR" shall mean the Director of Environmental Health.
The phrase "SEPTIC TANK, CHEMICAL TOILET, CESSPOOL, OR SEWAGE SEEPAGE PIT" shall be construed to include those things, and any place in which spilled sewage collects, and all other places or means of sewage disposal other than regular sewage treatment plants and collection systems operated by a political subdivision and holding a valid permit from the State of California.
"SEWAGE" means sewage, constituent parts of sewage, treated sewage, effluents containing sewage, or any other liquid waste contained in or removed from a septic tank, chemical toilet, cesspool, or sewage seepage pit.
A "SEWAGE PUMPING VEHICLE" shall mean any vehicle used for the collection and transportation of sewage.
"REGISTRATION" is an authorization issued by the department to engage in the cleaning of septic tanks, chemical toilets, cesspools, or sewage seepage pits and the transport and disposal of cleanings.
(Amended by Ord. No. 5001 (N.S.), effective 12-1-77; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Cross reference(s)--Definitions, § 12.101 et seq.
The Director shall implement this Chapter and Article 1 of Chapter 4 of Part 13 of Division 104 of the California Health and Safety Code. Pursuant to section 117435 of the Health and Safety Code, the Director may require compliance with the terms and conditions set out in this Chapter, and such additional terms and conditions as he deems necessary for the protection of human health and comfort, as conditions of approval for any application for registration. Pursuant to section 117450 of the Health and Safety Code, the Director may issue such additional orders and directions to specific persons subject to this Chapter as determined necessary under the circumstances to protect human health and comfort.
(Added by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Whenever any person not previously registered applies for examination as a septic tank or cesspool cleaner, said examination to be conducted by the Director as provided in Section 117420 of the Health and Safety Code of the State of California, the applicant shall pay to the Director an examination fee as set forth in Title 6, Division 5, Section 65.107, Paragraph (g), of this Code. No examination shall be administered until the required fee is paid. In the event the applicant is unsuccessful in such examination no part of said examination fee shall be returned to the applicant.
(Amended by Ord. No. 3436 (N.S.), effective 1-1-70; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) No person or firm shall engage in the business of cleaning of septic tanks, chemical toilets, cesspools, or sewage seepage pits or in the transport or disposal of cleanings except pursuant to and in compliance with an unrevoked registration issued by the Director. Persons and firms required to be registered shall submit an application to the Department on a form provided by the Department. Registration must be renewed annually. The initial application for registration and each annual application for renewal shall be accompanied by the base permit fee required in Title 6, Division 5, Section 65.107, Paragraph (g) of this Code.
(b) Registration is not complete until an application is submitted, fees are paid, the applicable examination is taken and passed, identified disposal locations are examined or otherwise verified to be suitable, and the person or firm is notified in writing by the department that the application for registration has been approved by the Director. Renewal of registration is not complete until an application is submitted with the information required by the Director, and fees (including any applicable delinquency fees) are paid. If any information on a registration application is determined to be false or incomplete, or if the applicant has been operating in violation of this code, registration may be denied or revoked pursuant to section 117445 of the Health and Safety Code.
(c) For purposes of this registration requirement, a person or firm is "engaged in the business" of cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits or in the transport or disposal of cleanings, and therefore must be registered, if that person or firm solicits business from or contracts with the owner of a septic tank, chemical toilet, cesspool or sewage seepage pit for cleaning services. In addition, any independent contractor who cleans septic tanks, chemical toilets, cesspools, or sewage seepage pits or who hauls cleanings is "engaged in the business" of cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits.
(d) For purposes of this registration requirement, an individual who is an hourly or salaried employee of a registered person or firm, who is dispatched by that registered person or firm with instructions to do cleaning at a particular location and to transport cleaning to a particular approved disposal site, is not "engaged in the business" of cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits.
(Added by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Expired registrations are not valid. In any case where the applicant has failed to apply for a renewal registration or to pay the applicable fee prior to the expiration of a registration, it shall be unlawful for that person or firm to engage in the business of cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits or in the transport or disposal of cleaning. Prior to renewal of an expired registration, in addition to the base permit fee, the applicant shall pay a delinquency fee equal to 10 percent of the base fee for each month or fraction of a month after the expiration of the prior registration; provided, however, in no event shall the total delinquency fee be more than 60 percent of the examination fee. Late payment of required fees does not excuse unlawful operations while the registration was expired, and shall not prevent the imposition of any other penalty prescribed by this code or prosecution for violation of this chapter.
(Amended by Ord. No. 3436 (N.S.), effective 1-1-70; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 6447 (N.S.), effective 10-28-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
There is hereby imposed an annual registration fee for each sewage pumping vehicle. Said registration fee shall be paid to the Department as set forth in Title 6, Division 5, Section 65.107, Paragraph (g), of this Code. Expired vehicle registrations are not valid. In any case where the applicant has failed to apply for a renewal vehicle registration or to pay the applicable fee prior to the expiration of a registration, it shall be unlawful for that vehicle to be used to pump or haul sewage. Prior to renewal of an expired vehicle registration, in addition to the base permit fee, the applicant shall pay a delinquency fee equal to 10 percent of the base fee for each month or fraction of a month after the expiration of the prior registration; provided, however, in no event shall the total delinquency fee be more than 60 percent of the examination fee. Late payment of required fees does not excuse unlawful operations while the registration was expired, and shall not prevent the imposition of any other penalty prescribed by this code or prosecution for violation of this chapter.
(Added by Ord. No. 5001 (N.S.), effective 12-1-77; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 6447 (N.S.), effective 10-28-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A registered person or employee of a registered firm, when cleaning a septic system, chemical toilet, cesspool or sewage seepage pit, or transporting or disposing of cleaning, shall have available for immediate inspection a copy of that person's registration; or for an employee, written records showing that the person is employed by the registered firm on an hourly or salaried basis, and was dispatched to a specific pickup location or locations and disposal site by that registered firm.
(Added by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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