Big Bear Lake Municipal Code Ch. 8.60 Liquid Waste Pumpers

The purpose of this chapter is to establish standards for permitting, and the operations of, persons or entities who would service or pump and transport sanitary wastes from septic tanks, sewage holding tanks or other repositories of such wastes, to insure that health hazards, nuisances and pollution do not occur as a result of improper handling or disposal.

(Ord. 82-72 § 1(part), 1982)

The following words shall have the following meanings:

A. "Department" means the department of environmental health services.

B. "Director" means the director of the department of environmental health services.

C. "Hazardous material" means any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. Hazardous material includes extremely hazardous material.

D. "Person" means any individual, firm, corporation or governmental agency.

E. "Sanitary wastes" means liquid or semiliquid wastes as are contained within septic tanks, seepage pits, cesspools, sewage holding tanks, or other repositories of human body wastes, or similar materials which may contain human pathogens.

(Ord. 82-72 § 1(part), 1982)

It is unlawful for a person to service by pumping or by otherwise removing the contents of a septic tank, cesspool, holding tank, chemical toilet or other receptacle of sanitary wastes without a valid, unrevoked permit issued by the department to do so. The department is authorized to charge fees as per Section 16.0213B of the San Bernardino County Code.

(Ord. 82-72 § 1(part), 1982)

When applying for a permit to comply with Section 8.60.030, an applicant shall complete in full an application form prepared by the department to include:

A. Name in full of the applicant;

B. Permanent home and business address and full address of the applicant;

C. Trade and firm name;

D. If a joint venture, or a partnership or limited partnership, the names of all partners, or if a corporation, the names of the officers, and their participation, and their permanent addresses, and the name and address of an agent for the service of process;

E. The location of the disposal site(s) 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 officer shall be included;

G. That the vehicle(s) and equipment conform to all applicable provisions of this chapter;

H. Such other information as the department may require, pertinent to the applicant's capability to carry out the permitted activity.

(Ord. 82-72 § 1(part), 1982)

A permit application will not be acted upon in less than fifteen days, but must be acted upon within thirty days.

(Ord. 82-72 § 1(part), 1982)

The permittee shall obtain and keep in force during the term of the permit, public liability and bodily injury insurance in an amount not less than one hundred thousand dollars for injuries or death to any one person and not less than three hundred thousand dollars for the injuries or death to more than one person arising out of any one accident or occurrence; property damage liability insurance in an amount not less than fifty thousand dollars and worker's compensation insurance covering all employees of the permit holder. Copies of such policies, or certificates evidencing such policies, shall be filed with the department. The city shall be named as an additional insured. All policies shall contain a provision requiring a ten day notice to be given to the department prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the department annually at the department's option.

(Ord. 82-72 § 1(part), 1982)

Permits may be renewed annually if the department finds from the facts that the permit holder has, during the period of the expired permit, operated in conformity with the provisions of the code and the rules and regulations of the department.

(Ord. 82-72 § 1(part), 1982)

The department may deny, revoke or suspend a permit for any one or more of the following causes pertaining to conduct of the applicant or permit holder:

1. if it is found that there has been falsified information submitted to the department in a permit application, report(s), or correspondence;

2. if it is found that there has been submitted any other false information to the department on a material question; or

3. if it is found that there has been a violation of federal, state or local codes or regulations pertaining to collection, transportation or disposal of liquid wastes.

A. Upon determining probable cause for denial, revocation or suspension of a permit, the department shall give written notice to the applicant or permittee to show cause why his permit should not be denied, revoked or suspended.

B. Upon written notification to show why his permit should not be denied, revoked or suspended, the applicant or permittee may appeal to the director within ten days for a hearing.

C. Within five working days after the close of any hearing, the director shall notify the applicant or permittee of his decision. If the decision is to deny, revoke or suspend the permit, the notice shall state the grounds therefor.

D. Unless special approval is granted by the director, a person whose permit has been denied or revoked pursuant to this section may not reapply for a permit until after one year from the date of such denial or revocation. After three such denials or revocations, or combination thereof, no new permit may be granted.

(Ord. 82-72 § 1(part), 1982)

Permits issued pursuant to Section 8.60.030 are nontransferable.

A. A permittee should advise any buyer that he may not engage in the collection, transportation or disposal of any wastes requiring a permit pursuant to Section 8.60.030 without first applying for and being granted a permit to do so by the department.

B. A permittee shall not lease, sublet, subcontract or in any manner allow any person to engage in activities regulated pursuant to this code under permission of the permit issued to him.

(Ord. 82-72 § 1(part), 1982)

Each permittee shall maintain records of the location collected, type, quantity and location discharged of any waste collected and disposed of pursuant to this permit.

A. Such information shall be submitted to the department for each month of operation and shall be due by the last calendar day of the following month.

B. The information shall be provided to the department on a form approved by the department for this purpose.

C. The department may require that such other information as is necessary and pertinent be submitted by permittees to insure that the provisions of this code are being met.

(Ord. 82-72 § 1(part), 1982)

The department is authorized to make necessary and reasonable rules and regulations, subject to the approval of the city council, covering the removal of the contents of a septic tank, cesspool, holding tank, chemical toilets or other receptacle of sanitary wastes; transporting of the wastes; and disposal of the wastes; and, for the effective and reasonable administration of this chapter.

(Ord. 82-72 § 1(part), 1982)

Where a vehicle with the required approvals and registration for transportation of hazardous materials, or which has otherwise transported hazardous materials, is to also transport sanitary wastes, the department may promulgate and enforce such rules as necessary to insure that proper procedures are observed to assure that hazardous materials are not disposed of at locations not authorized for receipt of the same.

(Ord. 82-72 § 1(part), 1982)

A. Every person who violates or fails to comply with any of the provisions of this chapter, or of any order of the department issued pursuant to this chapter, or who procures, aids, abets in any such violation or failure, is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars, or by imprisonment in the city jail not exceeding one year, or by both.

B. The continued existence of any violation of this chapter, or of any order of the department issued pursuant to this chapter, beyond the time stipulated for compliance with its directions, constitutes a separate and distinct offense.

C. Anything done, maintained or suffered in violation of any of the provisions of this chapter is a public nuisance dangerous to health, and may be enjoined or summarily abated in the manner provided by law. Every public office or body lawfully empowered so to do shall abate the nuisance immediately, or have the same abated through a court action.

D. Whenever it is found that the provisions of this chapter are, or any of such provisions is, in conflict with other provisions found in this code, the provisions or provision of this chapter shall prevail and be applicable, and the other provision, not of this chapter, shall be inapplicable.

(Ord. 82-72 § 1 (part), 1982)