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San Bernardino County Overview
San Bernardino County, CA Code of Ordinances
SAN BERNARDINO COUNTY, CALIFORNIA CODE OF ORDINANCES
CHARTER
TITLE 1: GOVERNMENT AND ADMINISTRATION
TITLE 2: PUBLIC MORALS, SAFETY AND WELFARE
TITLE 3: HEALTH AND SANITATION AND ANIMAL REGULATIONS
DIVISION 1: ADMINISTRATION AND GENERAL REGULATIONS
DIVISION 2: ANIMALS
DIVISION 3: ENVIRONMENTAL HEALTH
CHAPTER 1: AUTHORITY AND ADMINISTRATION
CHAPTER 2: PERMITS AND HEARING PROCEDURES
CHAPTER 3: PUBLIC NUISANCE ABATEMENT
CHAPTER 4: FOOD PROTECTION
CHAPTER 5: DAIRY PRODUCTS
CHAPTER 6: DOMESTIC WATER SOURCES AND SYSTEMS
CHAPTER 7: HAZARDOUS MATERIALS AND TOXICS CONTROL (REPEALED BY ORD. 3846, PASSED - -2002)
CHAPTER 8: WASTE MANAGEMENT
CHAPTER 9: INSECT, RODENT AND OTHER VECTOR CONTROL
CHAPTER 10: HOUSING AND INSTITUTIONS
CHAPTER 11: RECREATIONAL HEALTH
CHAPTER 12: VEHICLE ABATEMENT AND REMOVAL PROGRAM
CHAPTER 13: MEDICAL WASTE
CHAPTER 14: INSPECTION GRADING OF FOOD FACILITIES
CHAPTER 15: FOOD RECOVERY
CHAPTER 16: INDUSTRIAL HEMP AGRICULTURAL REGISTRATION AND REGULATIONS
DIVISION 4: FOOD AND SANITATION
DIVISION 5: MONITORING, CONTROL AND ELIMINATION OF POLLUTANTS INTO THE STORM DRAINAGE SYSTEM
DIVISION 6: (REPEALED BY ORD. 3105, PASSED - -1986)
DIVISION 7: PUBLIC NUISANCES
DIVISION 8: (REPEALED BY ORD. 3105, PASSED - -1986)
DIVISION 9: VALIDITY OF TITLE 3
TITLE 4: BUSINESS AND SPECIAL LICENSES, REGULATIONS
TITLE 5: HIGHWAYS, TRAFFIC
TITLE 6: BUILDING REGULATIONS
TITLE 7: COUNTY AIRPORTS
TITLE 8: DEVELOPMENT CODE
PARALLEL REFERENCES
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§ 33.0853   Application for Permits.
   When applying for a permit to comply with § 33.0852 of this Code, an applicant shall complete in full an application form provided by the San Bernardino County Department of Environmental Health Services (DEHS) to include:
   (a)   Complete name and description of the applicant;
   (b)   Permanent home address and business addresses of the applicant;
   (c)   Trade, dBA, fictitious business and firm names the applicant operates under;
   (d)   If a joint venture, or a partnership or limited partnership, the names of all participants/partners. If a corporation, the name of each officer, title, and the nature of their participation, and their permanent address, and the name and address of the agent for the service of process;
   (e)   The location of all approved disposal sites that will be used;
   (f)   Facts showing that the applicant is qualified to render efficient services. This statement shall include any prior experience that will help establish the applicant’s capability to perform this function; where the applicant has provided a similar service in any other jurisdiction, a letter from that local health authority shall be included;
   (g)   Facts showing that the applicant owns or controls vehicle(s) and equipment that conform to all applicable provisions of this Article;
   (h)   Such other information as DEHS may reasonably require, pertinent to the applicant’s capability to carry out the permitted activity;
   (i)   Such information as required to show applicant may legally conduct his or her business at the proposed locations pursuant to Title 8 of the San Bernardino County Code (the Development Code).
(Ord. 3105, passed - -1986)
§ 33.0854   Issuance of Permits.
   The San Bernardino County Department of Environmental Health Services (DEHS) shall act upon permit applications within 30 days unless special uses or conditions exist causing additional review by DEHS or the San Bernardino County Department of Land Management, Office of Planning. Notification of special review shall be made to applicant within the 30 days.
(Ord. 3105, passed - -1986)
§ 33.0855   Indemnification and Insurance.
   A permittee shall indemnify, defend and hold harmless the County of San Bernardino and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from the permittee’s acts or omissions and for any costs or expenses incurred by the San Bernardino County Department of Environmental Health Services (DEHS), County of San Bernardino or permittees on account of any claim therefore.
   In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the permittee shall secure and maintain throughout the term of the permit the following types of insurance within the limits as shown:
   (a)   Worker’s Compensation. A program of Worker’s Compensation Insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000.00 limits, covering all persons providing services on behalf of the permittee and all risks to such person under this permit.
   (b)   Comprehensive General and Automobile Liability Insurance.
      (1)   All permittees must have automobile liability coverage for owned, hired, and nonowned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than $500,000.00.
      (2)   Permittees with three or more trucks must also have Comprehensive General liability insurance. The policy coverage shall have combined single limits for bodily injury and property damage of not less than $500,000.00.
   Permittee shall immediately furnish certificates of insurance and within 60 days provide certified copies of all policies and endorsements to DEHS evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without 30 days written notice to DEHS, and shall maintain such insurance from the time the permittee commences business activities upon permit receipt and throughout any hearings for denial, revocation and/or suspension of permits or renewals.
   All policies, with respect to the insurance coverage above required, except for the Worker’s Compensation Insurance coverage, if applicable, shall have endorsements naming DEHS and the County of San Bernardino, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of performance of services hereunder.
   The permittee shall require the carriers of the above required coverage to waive all rights of subrogation against DEHS and the County of San Bernardino, their offices, volunteers, employees, contractors and subcontractors.
   (c)   Insurance Review. The above insurance requirements are subject to periodic review by the County. The Risk Manager of the County of San Bernardino is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
(Ord. 3105, passed - -1986)
§ 33.0856   Renewal of Permits.
   Permits may be renewed annually when the San Bernardino County Department of Environmental Health Services (DEHS) finds that the permit holder, during the period of the unexpired permit, operated in conformity with the law, except that no permit shall be renewed or reissued as long as the would-be holder of the renewed or reissued permit is in arrears or not current with the charges or fees due for use of any County maintained disposal site used for liquid waste pumper operations. Only when no sum of money is due and owing to the County for such charges or fees shall such a permit be renewed or reissued. Renewal procedures shall generally follow the provisions of Chapter 2 of this Division beginning with § 33.0200.
(Ord. 3105, passed - -1986; Am. Ord. 3294, passed - -1988)
§ 33.0857   Denial, Denial of Renewal, Revocation, and Suspension of Permits.
   (a)   The San Bernardino County Department of Environmental Health Services (DEHS) may deny, deny renewal of, revoke, or suspend a permit for any one or more of the following causes pertaining to conduct of the applicant or permit holder:
      (1)   When falsified information is submitted to DEHS in a permit application, report(s), or correspondence;
      (2)   When false information is submitted to DEHS on a material question;
      (3)   When Federal, State, or local laws or regulations pertaining to the collection, transportation, or disposal of liquid wastes are violated, or the issuing of a DEHS permit may create such a violation;
      (4)   When the DEHS has been notified by the San Bernardino County Solid Waste Management Department or a County Special District, that the holder of the permit or applicant for a permit is in arrears or not current with the charges or fees due for use of any County maintained disposal site used for liquid waste pumper operations, unless waived by the Solid Waste Management Department or County Special District; or
      (5)   When any violation of conditions to operate exists pertaining to the conditional use permit or special use permit issued for the uses permitted by this Chapter.
   (b)   Upon determining probable cause for the denial, denial of renewal, revocation, or suspension of a permit, DEHS shall give written notice to the applicant or permittee to show cause why the permit should not be denied, revoked, suspended or its renewal denied, and conduct a hearing if requested in accordance with the provisions of Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code, beginning with § 33.0200.
   (c)   When the request for denial, denial of renewal, revocation or suspension of a permit is the result of a request by another department or district, hereinafter the Initiating Department, that department or district shall reimburse the DEHS for any expenses incurred as provided for in a memorandum of understanding (MOU) between DEHS and the Initiating Department. The Initiating Department shall be responsible for the presentation of the facts of the case involved in the requested action.
   (d)   A person or entity whose permit has been denied, revoked or had its renewal denied pursuant to this Section shall not be considered by DEHS for a permit until after one year from the date of such denial, denial of renewal or revocation. After three such denials, denials of renewal or revocations, or combinations thereof, no new permit shall be granted to such applicant.
(Ord. 3105, passed - -1986; Am. Ord. 3294, passed - -1988)
§ 33.0858   Nontransferability of Permits and Change of Address.
   Permits issued pursuant to this Article are nontransferable as to any person or entity. A permittee shall not lease, sublet or subcontract the activities regulated under the permit to any person. A permittee may hire employees to perform permit activities.
   A change of ownership, dBA or address of the place of residence or business of any person permitted under this Article shall be reported in writing to the San Bernardino County Department of Environmental Health Services (DEHS) within ten days after said changes occur.
(Ord. 3105, passed - -1986)
§ 33.0859   Records and Reports.
   Each permittee shall maintain accurate records and keep them available at the business office of the permittee for inspection by the San Bernardino County Department of Environmental Health Services (DEFIS) any time during business hours. The records shall include the location where sanitary wastes are collected; and the type, quantity, and location of all waste discharges made pursuant to the permit for the present and last two calendar years. Additionally:
   (a)   Such information shall be submitted to DEHS for each month of operation on forms approved or provided by DEHS, by the fifteenth day of the following month.
   (b)   For portable toilets only, the quantity of waste from several units may be summarized on a daily basis if discharge is made to a single disposal site.
   (c)   DEHS may require such other information as is reasonably necessary and pertinent to ensure that the provisions of this Article are met.
   (d)   Each permittee shall provide to each customer for whom the permittee has provided pumper services for sanitary waste removal a receipt and/or bill for said services which shall include:
      (1)   Number of compartments pumped;
      (2)   Estimated gallonage or volume of sanitary wastes removed;
      (3)   Intended location to which the sanitary wastes are to be discharged, and;
      (4)   Estimated disposal charges to be incurred upon disposal of said sanitary wastes.
(Ord. 3105, passed - -1986)
§ 33.0860   Disposal of Sanitary Wastes.
   No sanitary wastes, including wash or rinse water used to clean the interior of the liquid waste hauler’s vehicle tank or any portable toilet, shall be disposed of at any location which is not approved by the San Bernardino County Department of Environmental Health Services (DEHS) and which does not meet either or both, as applicable, of the following conditions:
   (a)   The current unrevoked waste discharge requirements for the treatment and/or disposal of liquid wastes from the appropriate California Regional Water Quality Control Board.
   (b)   A current, unrevoked solid waste disposal site permit sanctioning the disposal of septic or other liquid wastes from the California Integrated Waste Management Board.
(Ord. 3105, passed - -1986)
§ 33.0861   Required Health and Safely Equipment.
   Every vehicle requiring a permit by this Article shall at all times of operation have necessary equipment as determined by the San Bernardino County Department of Environmental Health Services (DEHS) to protect the public health and safety.
   DEHS will periodically publish standards for the operation, maintenance and care of liquid waste hauling units. These standards shall be subject to a 30 day review period prior to approval by the Director of DEHS.
(Ord. 3105, passed - -1986)
§ 33.0862   Cleanliness and Markings for Vehicles.
   Every vehicle requiring a permit by this Article shall at all times be operated and kept in a clean, well-maintained condition. Each shall be marked on each side with the name, address, and telephone number of the permittee, in letters a minimum of three inches in height. The certified volume of the tank shall be placed upon the tank or vehicle in minimum three inch high numbers. All such markings shall be kept legible at all times.
(Ord. 3105, passed - -1986)
§ 33.0863   Sanitary Wastes, Hazardous and/or Toxic Wastes and Materials.
   Vehicles approved and registered for the transportation of hazardous materials or hazardous waste as defined by Health and Safety Code §§ 25411(c) or 25117, or which otherwise transport sanitary wastes, are not exempt from the requirements of this Article, including payment of annual inspection fees as set forth by the San Bernardino County Code Schedule of Fees.
(Ord. 3105, passed - -1986)
§ 33.0864   Administration, Enforcement, Remedies, and Penalties.
   It shall be unlawful for any person or entity to violate any provision of this Article. Except as provided herein, all administration, enforcement, remedies, and penalties as to this Article shall generally proceed as is set forth in Chapters 1, 2, and 3 of Division 3 of Title 3 of the San Bernardino County Code, and otherwise in the manner provided by law.
(Ord. 3105, passed - -1986)
§ 33.0865   Portable Toilets.
   All liquid waste haulers that provide portable toilets shall comply with the following:
   (a)   Portable toilets shall be operated and kept in a clean, well-maintained condition.
   (b)   Portable toilets shall be pumped as necessary and at least within a week after use.
   (c)   Portable toilets shall be cleaned and disinfected thoroughly, including the inner walls, receptacle, seats, and lids.
   (d)   Chemical additives used in portable toilets shall be chosen from the list of acceptable additives provided by the California Regional Water Quality Control Board.
(Ord. 3105, passed - -1986)
ARTICLE 4: SEWAGE HOLDING TANKS
§ 33.0870   Purpose and Authority.
   The purpose of this Article is to ensure that sewage holding tanks are installed and utilized so as not to create a danger to the public health or safety. Pursuant to the authority cited in San Bernardino County Code Title 3, Division 3, Chapter 1, Health and Safety Code §§ 5400 et seq. (Sewage and Other Waste), and other applicable State law, the Division of Environmental Health Services (DEHS) of the County of San Bernardino is designated as the enforcement authority for the purposes of this Article.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
§ 33.0871   Definitions.
   Definitions herein shall supplement all definitions in San Bernardino County Code Title 3, Division 3, Chapters 1 and 3.
   APPLICANT or PROPERTY OWNER. The person or entity who is the owner of record of the land for which a permit for a sewage holding tank has been sought.
   CONTAMINATION. An impairment of the quality of waters within the unincorporated area of the County of San Bernardino by wastes or other degrading elements to any degree which creates a hazard to the public health through the possibility of poisoning or the spread of disease.
   DISTRICT. Any sanitation district governed by the Board of Supervisors of the County of San Bernardino.
   POLLUTION. An alteration of the quality of the waters within the unincorporated area of the County of San Bernardino by waste to a degree which adversely affects: (1) Such water for beneficial uses; (2) Facilities which serve such beneficial uses. POLLUTION may include contamination.
   SEPTIC TANK PUMPER. Any person subject to Article 3 of this Chapter (beginning with § 33.0850) and holding such DEHS permit.
   SEWAGE. A combination of liquid wastes which may include chemicals, house waste, human excreta, animal or vegetable matter, and other solids in suspension or solution, which are discharged from a dwelling, building, or other establishment.
   SEWAGE HOLDING TANK. A watertight-covered receptacle designed to receive, and temporarily store, the discharge of sewage prior to periodic removal of its contents to an approved permanent disposal site. This does not include holding tanks used for the purpose of collecting and reusing graywater.
   SEWERING ENTITY. Any public agency which operates sewage collection and treatment facilities.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
§ 33.0872   Use of Sewage Holding Tanks Restricted. Permits Required.
   No person or entity shall install, utilize, or control the use of any sewage holding tank within the unincorporated area of the County of San Bernardino for the confinement of sewage discharged from a dwelling, business establishment, or other facility except upon conditions provided in § 33.0873 herein and possessing a current unsuspended, unrevoked permit to do so from DEHS pursuant to the procedures set forth in San Bernardino County Code Title 3, Division 3, Chapter 2 and paying fees to DEHS in accordance with the San Bernardino County Code Schedule of Fees.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
§ 33.0873   Conditions for Construction and Operational Permits.
   A permit to install, utilize or control a sewage holding tank may be granted by DEHS upon the following conditions:
   (a)   The property for which the permit is requested is within the boundaries or sphere of influence of a district or sewering entity pursuant to § 33.0876 herein, and the property is unsuitable for a conventional sewage disposal system. For an existing dwelling, business establishment or other facility not within the boundaries or sphere of influence of a sewering entity, an exemption from the requirement to be within the boundaries of a sewering entity may be granted by DEHS in order to eliminate a hazardous condition or code violation where no other acceptable means of sewage disposal is feasible or available.
   (b)   A completed sewage holding tank application, including documentation that all required conditions of San Bernardino Code §§ 33.0876, 33.0877 and 33.0880 have been completed.
   (c)   Any cash bond required by § 33.0878 herein has been posted with the appropriate agency or with DEHS.
   (d)   The Division of Building and Safety of San Bernardino County has reviewed the proposed installation and found that the standards adopted in § 33.0879 herein have been met.
   (e)   The existence of a sewage holding tank on a property has been recorded on the real property pursuant to Government Code §§ 27280 et seq. or in a manner approved by DEHS.
   (f)   For an existing dwelling, business establishment or other facility not within the boundaries or sphere of influence of a sewering entity, an exemption may be granted by DEHS in order to eliminate a hazardous condition or code violation, where no other acceptable means of sewage disposal is feasible or available.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
§ 33.0874   Required Agreements with District or Sewering Entity.
   Nothing in this Article precludes the sewering entity or district from providing direct services, contracting with another sewering entity or district, or contracting with a private agency to carry out the provisions of this Article.
   The following written agreements shall be satisfactorily completed and signed by the appropriate official representing the sewering entity, and filed with DEHS prior to the issuance of any permit.
   (a)   Subsequent to issuance of an operational permit, notice of the existence of a sewage holding tank as the approved means of sewage disposal for a property will be recorded by DEHS. The application for the permit shall serve as recordation notice and the signature of the property owner shall signify the owner(s) agreement to this recordation action. The cost of recordation shall be per the San Bernardino County Schedule of Fees.
   (b)   For all sewage holding tanks with operating permits that were installed prior to July 1, 1995, notice of the existence of a sewage holding tank on a property will be recorded by DEHS. Prior to recording notice of the existence of a sewage holding tank on a property, notice shall be sent to the owner of the property by mail at the address shown on the latest assessment roll or at any other address known to DEHS. Within 20 days of the date of the notice, the owner may present evidence that a sewage holding tank does not exist on the property. The cost of recordation shall be per the San Bernardino County Schedule of Fees.
   (c)   That the number of sewage holding tanks permitted by the district or sewering entity is not exceeded by the addition of the applicant’s proposed sewage holding tank.
   (d)   That the sewering entity or district is authorized to hold any bond required as per § 33.0876 herein and to utilize said bond to render services necessary to eliminate any hazardous condition created by the applicant’s sewage holding tank.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
§ 33.0875   Required Agreements with Property Owners.
   A written agreement with DEHS covering the following shall be satisfactorily completed and signed by all property owners utilizing the proposed sewage holding tank and filed with DEHS prior to the issuance of any DEHS permit.
   (a)   Properties served by a sewage holding tank shall be subject an annual operating permit fee, as set forth in the San Bernardino County Schedule of Fees, to pay the cost of routine inspections and program administration.
   (b)   Pursuant to Health and Safety Code §§ 101325 and 101340, where a permitted sewage holding tank is located on real property owned by the operator of a business, the property will be assessed the operating permit fee under the following circumstances:
      (1)   On all newly approved holding tanks;
      (2)   On existing holding tanks, when the property is transferred to a new owner;
      (3)   On existing holding tanks, when the operating permits fees have not been paid for 60 days or more beyond the permit expiration date.
   (c)   Pursuant to Health and Safety Code § 101345. in those instances where direct assessment is not authorized by Health and Safety Code § 101325, the DEHS may record a certificate specifying the amount, interest, penalty due and the name and last known address of the person liable for the permit fee. From the time of recordation of the certificate, the amount required to be paid constitutes a lien upon all real property in the County of San Bernardino owned or thereafter acquired by the liable person, which lien shall have the force, effect and priority of a judgment lien and shall continue for ten years from the time of recording. Prior to recording the lien, the DEHS shall determine that the operating permit fees have not been paid for 60 days or more beyond the permit expiration date and shall notify the person liable for the fees by certified mail of the intent to record such certificate.
   (d)   If the appropriate Regional Water Quality Control Board adopts rules or regulations which prohibit or curtail the use of sewage holding tanks, thereby rendering the property unavailable for occupancy, the County of San Bernardino shall be held harmless from the results of such action.
   (e)   If sewage collection lines become available for service to properties utilizing a sewage holding tank, the property owner shall connect within 90 days to the sewage collection line and abandon the sewage holding tank in accordance with the provisions of § 33.0879 of this Article.
   (f)   If property containing a sewage holding tank is sold, the present property owner shall notify the new property owner of the DEHS requirement to obtain a new permit. DEHS shall give the new property owner written notice of the permit conditions to be completed prior to occupancy of the property.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
§ 33.0876   Bonds.
   DEHS may require a cash bond, in the amount specified in the San Bernardino County Code Schedule of Fees, to be posted with DEHS or other appropriate agency. DEHS or the appropriate agency may utilize the bond to render services necessary to eliminate any hazardous conditions created by the sewage holding tank which the property owner has failed to correct within 48 hours of being given notice by DEHS. If the required bond amount is increased in the Fee Schedule, the increase in the bond amount shall be provided upon demand by DEHS.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
§ 33.0877   Standards.
   The standards for the design criteria, location, and installation of the sewage holding tank shall be those contained within the County of San Bernardino Division of Building and Safety’s handout entitled, “Guidelines for Design and Installation of Temporary Sewage Waste Holding Tanks,” revised June 16, 1993, or the current edition of such publication of this jurisdiction, copies of which are on file in the Office of the Clerk of the Board of Supervisors. The Division of Building and Safety shall approve all plans for the design, location and installation of sewage holding tanks.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
§ 33.0878   Contract with Septic Tank Pumper.
   A copy of the current maintenance contract with a septic tank pumper required pursuant to § 33.0877 herein shall be placed on file with DEHS and shall include the following terms:
   (a)   A minimum of one inspection of the sewage holding tank per month with servicing (pumping) as necessary;
   (b)   That the pumper shall provide all emergency servicing required;
   (c)   In the event the contract is cancelled or property ownership changes, the septic tank pumper shall immediately notify DEHS of the cancellation or change in ownership.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)
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