Marin County Municipal Code Ch. 5.38 Transportation of Potable Water

For the purpose of this chapter, the following words and phrases are defined:

(a) "County" means the county of Marin.

(b) "Domestic use" means for human consumption within a dwelling, household, place of employment, or any facility patronized by the public.

(c) "Health department" means the health services branch of the department of health and human services.

(d) "Health officer" means the Marin County public health officer or his duly appointed representative.

(e) "Permit" means a written authorization issued by the public health officer pursuant to this chapter.

(f) "Person" means any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

(g) "Transport water" means haul water in a container or tank, or by any other means not regulated pursuant to the Pure Water Law, California Health and Safety Code Sections 4010, et seq.

(Ord. 2261 § 1 (part), 1977)

No person shall:

(a) Supply water to any other persons for purposes of domestic use in the county; or

(b) Transport water to any other persons for purposes of domestic use within the county, unless a permit has been obtained as required by this chapter.

A valid water supply permit issued under the authority of Sections 4010 et seq. of the California Health and Safety Code fulfills the permit requirements of subdivision (a).

(Ord. 2261 § 1 (part), 1977)

This chapter is applicable regardless of whether the activities regulated are performed for compensation; however, it shall not apply to persons providing potable water for their own single-family dwelling units. This chapter is not intended to apply to bottled water, regulated pursuant to Sections 4040 et seq. of the California Health and Safety Code.

(Ord. 2261 § 1 (part), 1977)

Applicants for a permit under this chapter shall file with the health officer on a form furnished and approved by the health officer the following information:

(a) Firm name;

(b) Name, business address and business phone number of owner and operator;

(c) Home address and home telephone number of owner and operator;

(d) Location and description of source of water to be transported;

(e) Name and address of laboratory designated to perform chemical and bacteriological tests;

(f) Base location of transporting vehicles;

(g) Vehicle make, model, year and license number;

(h) Description of water containers used for transportation of water, including material, shape, capacity and number;

(i) Previous use of containers;

(j) Method and frequency of cleaning and disinfecting containers;

(k) Names and addresses of any firms or entities receiving transported water, location of points of discharge, and volume discharged at each location.

(Ord. 2261 § 1 (part), 1977)

Every application for a permit shall be processed as follows:

The health officer shall:

(a) For each water source, determine:

(1) Whether the supplier of the source has a permit issued pursuant to Sections 4010 et seq. of the California Health and Safety Code, or whether the source meets all standards for potable water established in Sections 7010 through 7025 of Title 17, California Administrative Code, and

(2) Whether it is a nonagricultural water source;

(b) For each container used to transport water, determine:

(1) Whether its previous use has been limited to the transportation of water or food substances, and

(2) Whether it is of such a construction and finish as to allow sanitization prior to use. Containers made from steel, stainless steel and fiberglass fulfill this requirement. Containers constructed from other materials may be approved upon proof satisfactory to the health officer that no bacteriological or chemical contamination exists, and

(3) Whether the container and the fittings used for filling and emptying the container can be freed of contaminants by the method(s) proposed to be used by the applicant.

(Ord. 2261 § 1 (part), 1977)

The health officer may condition any permit which he issues. Conditions may include requirements for sanitizing containers, regular bacteriological and chemical testing in accordance with Sections 7010 through 7025 of Title 17 of the California Administrative Code, recordkeeping, and requirements for labeling containers.

(Ord. 2261 § 1 (part), 1977)

Every permit issued under this chapter shall automatically become null and void on December 31st of the year of issuance.

(Ord. 2261 § 1 (part), 1977)

If the health officer determines that a permittee is violating any condition of his permit or any provision of this chapter, he may revoke the permit after giving the permittee an opportunity for a hearing. The health officer shall serve notice on the permittee of his intention to revoke the permit. The notice shall state that the permittee has ten days within which to request a hearing or his permit will be revoked. The health officer must hold a hearing within ten days of a request. If the health officer determines that water supplied or transported pursuant to this chapter is polluted or contaminated in a manner that is imminently hazardous to public health, he may immediately revoke the permit for such water supply or transportation facility. Within forty-eight hours of revocation, he shall serve written notice of his action on the permittee. The permittee may appeal the decision of the health officer by filing a written notice with the health officer within ten days of such revocation. The health officer shall hold a hearing within ten days of receipt of the notice of appeal.

Service shall be accomplished by depositing in the United States mail a registered or certified letter addressed to the permittee at the business address shown on his application.

(Ord. 2261 § 1 (part), 1977)

A fee of twenty-five dollars shall be charged for each permit issued pursuant to this chapter as a reasonable charge to defray the costs to the county in the administration of this chapter. A further fee of twenty-five dollars shall be charged for each subsequent inspection by the health officer required as a condition of a permit pursuant to Section 5.38.060.

(Ord. 2261 § 1 (part), 1977)

The health officer, during reasonable hours, for the purpose of enforcing or administering this chapter, shall have the authority to enter any building or premises associated with a water supply, transportation or storage facility regulated pursuant to this chapter.

(Ord. 2261 § 1 (part), 1977)

This chapter shall prevail over any inconsistent section in the Marin County Code.

(Ord. 2261 § 1 (part), 1977)

If any provision of this chapter is rendered void or declared unconstitutional by judicial or other legal determinations, all other sections of this chapter which are not expressly held to be void or unconstitutional shall continue in full force and effect.

(Ord. 2261 § 1 (part), 1977)

Any person violating this chapter is guilty of maintaining a public nuisance, and it shall be the duty of the district attorney of the county to bring an action to abate such public nuisance.

(Ord. 2261 § 1 (part), 1977)