Contra Costa County Municipal Code Ch. 414-6 Transporting Water for Domestic Use

The provisions of this chapter supersede any inconsistent provisions elsewhere in this code, and they apply whether or not the acts are performed for compensation; but they do not apply to any person providing pure potable water for the person's own single-family dwelling or to water regulated by Health and Safety Code Sections 116270 ff.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2002-48 § 14, 77-50 § 1 (part)).

Unless otherwise specially provided, or required by the context, the following terms have these meanings in this chapter.

(Ord. 77-50 § 1 (part)).

"Domestic use" means use for human consumption or household, and use in any facility patronized by the public.

(Ord. 77-50 § 1 (part)).

"Health officer" includes any subordinate(s) the health officer designates from time to time for any or all of the health officer functions hereunder.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 77-50 § 1 (part)).

"Person" means, in addition to the definition contained in Section 16-4.002, a public or governmental agency.

(Ord. 77-50 § 1 (part)).

To "transport water" means to move water by a water vehicle or by any other means not regulated by Health and Safety Code Sections 116270 ff., for supplying, distributing, or delivering it for domestic use.

(Ords. 2002-48 § 15, 77-50 § 1 (part)).

"Water vehicle" means any tank, tank truck, tank car, or other vehicle, container or conduit used to transport water.

(Ord. 77-50 § 1 (part)).

Article 414-6.4. Enforcement

No person shall transport water without having a currently valid, unrevoked, unsuspended permit hereunder.

(Ord. 77-50 § 1 (part)).

To enforce this chapter, the health officer may enter and may inspect any premises, operations, work, or thing regulated hereby, at reasonable times and with such notice to the owner, occupant, possessor, operator, applicant, or permittee, as is reasonable and practicable under the circumstances.

(Ord. 77-50 § 1 (part)).

The health officer is responsible for enforcing this chapter. The health officer may, with board approval, issue regulations necessary to effect these purposes and provisions, which regulations become effective when filed with the board's clerk with proof of posting in the health department.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 77-50 § 1 (part)).

Article 414-6.6. Permits

Every applicant for a permit hereunder shall file with the health officer on a form furnished and approved by the health officer, an application therefor, containing the following information:

(1) Firm name, address and telephone number;

(2) Operator's name, home address and home telephone number;

(3) Owner of water source, name of system, location and/or identification of filling point;

(4) Name and address of laboratory performing bacteriological and chemical tests;

(5) Base location of water vehicle(s);

(6) Number of water vehicles and the make, model, year, license number of each;

(7) Description of water container(s): material, shape, capacity, number;

(8) Previous use(s) of containers;

(9) Method used to clean and disinfect containers;

(10) Name of customer(s), point(s) of discharge (address(es)), and gallons discharged.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 77-50 § 1 (part)).

(a) Fees. The applicant shall accompany the application with the following fees for the calendar year, which are not proratable, and are not refundable after a permit has been issued:

(b) Penalty. Any person failing to submit an application or obtain an approval, or starting a water transportation business, contrary to the provisions of this chapter, shall pay a penalty of triple the fee(s) otherwise required plus any normal fee(s) required, and remains liable for other enforcement and punishment procedures as may be provided for.

(Ord. 77-50 § 1 (part)).

(a) Issuance. The health officer shall approve, conditionally approve, or deny the application, and issue or withhold the permit accordingly, on the basis of compliance with this chapter and the health officer's regulations.

(b) Conditions. Conditions may include requirements for sanitizing containers, regular bacteriological and chemical testing in accordance with Division 4 of Title 22 of the California Code of Regulations, higher chlorine residual, recordkeeping, requirements for labeling containers, and others the health officer deems appropriate.

(c) Duration. Permits are not valid beginning the January 1st following their issuance.

(d) Renewal. Renewal of permits are to be processed and paid for as though they were applications for new permits.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2002-48 § 16, 77-50 § 1 (part)).

If the health officer determines that a permittee is violating any condition of the permittee's permit or any law or regulation of this state or county relating hereto, the health officer may revoke it after giving the permittee an opportunity for a hearing. The health officer shall notify the permittee of the health officer's intention to revoke, stating that the permittee has ten calendar days within which to request a hearing or the permit will be revoked. The health officer must hold a hearing within ten calendar days of a request. Service shall be personal or mail addressed to the permittee at the business address shown on the application.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 77-50 § 1 (part)).

If the health officer determines that water regulated by this chapter is polluted or contaminated in a manner that is immediately hazardous to public health, the health officer may immediately suspend the permit. Within forty-eight hours of revocation, the health officer shall serve written notice of suspension on the permittee, who may then request a hearing as in revocations; otherwise the permit is revoked.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 77-50 § 1 (part)).

Article 414-6.8. Other Requirements

Every water vehicle shall meet the following requirements:

(1) The container and equipment, if they carried any substance other than safe, potable water, shall be adequately cleaned and sanitized.

(2) Water shall be chlorinated at the time the container is filled so that there will be a residual of not less than 0.5 ppm at the time of delivery or after thirty minutes, whichever is the longer time, but where necessary to protect the public health, the health officer may make conditions to require a higher chlorine residual.

(3) Tanks and containers intended to hold water intended for domestic use shall be made of nontoxic material and be so constructed that every portion of the interior can be easily cleaned.

(4) Piping, valves and permanent or flexible connections shall be made of nontoxic material and shall be accessible and easy to disconnect for cleaning purposes.

(5) The inlet and all openings to every tank or container shall be so constructed and operated as to prevent the possibility of foreign material likely to contaminate or pollute the water from entering or coming into contact with said water.

(6) Outlet connections shall be so constructed and protected that no foreign material likely to contaminate or pollute the water can come in contact with the outlet when not in use or with the water during time of delivery.

(Ord. 77-50 § 1 (part)).

(a) Water transported for domestic use shall be obtained only from a system operating under a valid permit from the State Department of Health Services or approved by the health officer as meeting all standards for potable water established in Division 4 of Title 22 of the California Code of Regulations.

(b) The outlet connections of filling points shall be so constructed and protected that no foreign matter likely to contaminate or pollute the water can come in contact with the outlet when not in use or with the water during the time of delivery.

(Ords. 2002-48 § 17, 77-50 § 1 (part)).

(a) Every person regulated by this chapter shall maintain and submit to the health officer, on demand, such records concerning water transportation as the health officer may require for determining compliance with this chapter.

(b) Records shall include a monthly statement containing, but not limited to, the following:

(1) Name and address of premises receiving service during the month;

(2) Total gallons of water delivered during the month;

(3) Record of the results obtained from any analysis or tests of the water performed by any state approved laboratory;

(4) Record of any changes in transportation or distribution equipment during the month.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 77-50 § 1 (part)).

The operator or owner of every water vehicle shall show plainly on both its sides in letters at least three inches high the operator's or owner's name and address or other information sufficient to permit identification.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 77-50 § 1 (part)).