Fresno County Municipal Code Ch. 8.19 Solid Waste Management—prohibitions

It is unlawful for any person to maintain, permit or allow to exist upon his property or premises, or in or upon any property or premises which he is then and there occupying or leasing, any kind of water closet, privy, cesspool or other container for refuse matter in an unsanitary condition.

(Ord. No. 18-001, § 1, 1-9-2018; Prior code, § 440)

It is unlawful for any person to remove the contents of any water closet, privy or cesspool, except in a water-tight container and so covered that the same shall not be exposed to flies or offensive to the senses, and without having first obtained a written permit therefor from the health officer in accordance with Chapter 8.50 of this code.

(Ord. No. 18-001, § 1, 1-9-2018; Ord. 88-020, § 2; prior code, § 441.1))

It is unlawful for any person to hereafter establish or install any sanitary facility which is designed to or which does discharge any contents or effluent, whether previously filtered or otherwise treated or not, from any privy, water closet, cesspool or septic tank into any river, stream, canal, lake or other surface body of water, or discharge the same in such near proximity thereto that the same might reasonably be expected to enter such waters by seepage, percolation, drainage or otherwise and in no event within one hundred feet of the high water mark of such body of water.

(Ord. No. 18-001, § 1, 1-9-2018; Prior code, § 441.2)

It is unlawful for any person to maintain or to permit to exist upon lands under his control any well or cesspool of whatever depth or dimension or any other pit or excavation within the earth of more than five feet in depth and being less than four feet across in its greater dimension without having the same capped or covered in a secure manner; provided further, that any such well, cesspool, pit or excavation which has been permanently abandoned shall be completely filled in.

(Ord. No. 18-001, § 1, 1-9-2018; Prior code, § 442)

A. No person shall open, look into, search through or remove any of the contents of any waste receptacle.

B. For purposes of this section, "solid waste receptacle" shall mean any bin, automatic lift container or any other type of receptacle used for the deposit, storage, collection or transport of garbage, litter, junk, debris, refuse, swill, rubbish, waste matter, putrescible waste, hazardous waste, infectious waste, recyclable materials, or garden refuse.

C. This section shall not apply to the following persons:

1. Any owner, tenant, lessee, or occupant of the property for which the solid waste receptacle is used;

2. Any persons acting with the consent of any owner, tenant, lessee, or occupant of the property for which the solid waste receptacle is used;

3. Any private collector or any contractor of a private collector, that owns or maintains the solid waste receptacle or is responsible for hauling away its contents, who is acting in accordance with their duties as such; or

4. Any employee or contractor of any city, county, state or federal government agency, who is acting in accordance with their duties as such.

D. Notwithstanding any other provision of this Code, any person violating this section is guilty of an infraction. The first violation of this section in any twelve-month period shall be punished by a fine of one hundred dollars. The second violation of this section in the same twelve-month period shall be punished by a fine of two hundred dollars. The third and each subsequent violation of this section within the same twelve-month period shall be punished by a fine of three hundred dollars for each violation.

E. This section shall apply and be enforced only in the following area of the unincorporated county: Fig Garden policing district boundaries.

(Ord. No. 18-001, § 1, 1-9-2018; Ord. No. 17-017, § 2, 10-31-2017; Ord. No. 16-015, § 2, 9-27-2016)

A. The following words and terms used in this chapter are defined for the purpose thereof as follows:

1. "Chemical Toilet Waste Hauler" means any person who engages in the business of collection and/or transportation of chemical toilet waste.

2. "Grease Hauler" means any person who engages in the business of collection and/or transporting of inedible kitchen grease, kitchen grease or grease traps.

3. "Liquid Waste Hauler" means any person who engages in the business of collection and/or transportation of pumping or cleaning of septic tanks, holding tanks chemical toilets, kitchen grease, grease traps.

4. "Septic Tank Waste Hauler" means any person who engages in the business of collection and/or transportation of pumping or cleaning septic tanks and/or its components, holding tanks, leach lines, seepage pits.

B. Any person or firm engaged in the business of pumping or cleaning septic tanks and/or its components, holding tanks, kitchen grease, grease traps, or providing chemical toilets must operate under permit from the Department of Public Health. It is unlawful for any person to clean sewage disposal systems/inedible kitchen grease tanks or to dispose of or aid in the disposal of the cleanings therefrom (transport), who does not possess a valid permit to operate issued by the Department of Public Health.

C. Individual applications and fees are required for the company/business and each vehicle. Upon receipt of the completed application and applicable fees, the Department of Public Health - Environmental Health Division will inspect the pumping vehicle. The annual permit registration fee is charged to persons authorized to perform services as outlined in Section 8.19.070(B).

D. Each pumper who transports any septage/grease shall deposit said waste to an approved wastewater treatment plant (POTW) or approved facility. Cleaning operations must be conducted in a manner that will not endanger human health or the environment. Any spillage of sewage must be cleaned immediately.

E. The following inscription/labeling shall be legibly affixed, in a conspicuous place, on both sides of the vehicle or tank in letters at least 3 inches high: name, address and phone number of the person or business; and fluid capacities in gallons for the vehicle. Once permitted, the Department of Public Health will issue a permit to operate. A valid permit to operate shall be affixed to the rear of the tank or vehicle at all times.

1. All tanks used for hauling sewage and grease shall be of metal construction throughout, that is welded or riveted, and shall be water-tight and splash proof. Tanks shall be properly baffled to prevent splashing and be fitted with watertight covers or manholes. A leak proof gate valve must be provided on each tank for the discharge or lading of the contents. Vehicles must have a leak proof screw plug or cap at all times.

2. Each vehicle shall be equipped with a reliable gauge to indicate the actual volume of sewage and/or grease in the tank, measured in gallons.

3. Each vehicle shall be equipped with necessary hoses, both for pumping and cleaning of equipment, with adequate length to extend into an approved manhole, grease trap or dump station. The pumping hose shall be fitted with watertight connections to prevent spillage. The hoses are to be cleaned on the premises without any spillage of contents. A minimum 5/8-inch water hose, 50 feet in length shall be carried for cleaning purposes.

4. Each pumping vehicle shall have the following items included on the truck at all times: personal protection equipment (PPE) including gloves, rubber boots and safety glasses; containment tools (PIGS); and an absorbent material (e.g., kitty litter) to contain wastewater; a shovel; garbage bags; a 5-gallon bucket; bleach and lime.

F. Pursuant to California Health and Safety Code, Section 117435(a), all sewage pumping (septic systems, septic tanks) businesses shall file with the health officer, or his or her duly authorized representative, a report specifying the pumping activities over a given month. All persons shall submit a typed or legibly printed report of pumping activities to the Department of Public Health or the receiving wastewater treatment plant (POTW), who will maintain the reports. Said reports must be submitted monthly for the preceding month's activities. Reports shall be specific to pumping activities and include the date, name and location of each establishment where a system has been cleaned, and the total number of gallons pumped within the County.

G. When an operator of a sewage pumping, grease pumping or toilet rental business is found in violation of any provision of this chapter, shall be guilty of a misdemeanor and could have their permit suspended or revoked pursuant to Section 8.50.155.

(Ord. No. 24-020, § 1, 12-17-2024)