Marin County Municipal Code Ch. 7.36 Septic Tanks and Chemical Toilets

"Health officer," as referred to in this chapter, means the Health Officer of Marin County, or his authorized representative.

"Person," as referred to in this chapter, means an individual, firm, corporation, partnership, club, association or organization.

(Ord. 3131 § 1 (part), 1993: Ord. 1463 § 10 (part), 1965)

All persons required by section 25 et seq. of the California Health and Safety Code to register with the local health officer shall obtain a permit from the health department. It is unlawful for any person to operate any septic tank pumper or distribute any chemical toilet within the unincorporated area of Marin County without such permit. A permit to operate shall not be issued until all of the provisions of this chapter and of Section 25000 et seq. of the California Health and Safety Code and all rules and regulations of the state board of public health have been complied with. A permit is not transferable upon change of ownership in the septic tank pumper or chemical toilet distributor. The permit shall be renewed annually, and shall be carried by the driver of every septic tank pumper. Inspections under this chapter shall be based upon provisions of this chapter, Section 25000 et seq. of the California Health and Safety Code and on rules and regulations of the state board of public health and subsequent modification thereof.

(Ord. 3131 § 1 (part), 1993: Ord. 1463 § 10 (part), 1965)

(Ord. No. 3563, § II(exh. A), 2011)

A permit may be immediately suspended by the health officer for violation of any provision of this chapter, when in his opinion, the danger to public health is so imminent, immediate, and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for a hearing before the health officer within at least forty-eight hours of the time of suspension. After the hearing, a reasonable time shall be allowed by the health officer for correction of the violation.

If, in the opinion of the health officer, the danger to public health is not so imminent, immediate and threatening as not to admit of delay, the health officer shall notify the holder of the health officer's intention to suspend the permit within a specified period of time if the condition is not corrected. No suspension shall take effect, however, until the holder has been given an opportunity for a hearing before the health officer.

During that period of suspension and/or correction, the septic tank pumper or chemical toilet distributor, or any portion thereof, may be ordered closed or inoperable if the health officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with health and sanitary requirements is obtained; if compliance is not obtained at the end of the time allowed, the permit shall then be revoked.

(Ord. 3131 § 1 (part), 1993: Ord. 1463 § 10 (part), 1965)

(a) Application. All applications for permits shall be on a form supplied by the health department and shall be accompanied by such fees as are required by resolution of the board of supervisors.

(b) Renewal. The fee for renewal of the permit shall be the same as the annual fee.

(c) Delinquency. In the event that application for renewal is not made within one calendar month of the date of expiration, a delinquency charge of twenty percent of the fee shall be assessed. For every calendar month of delinquency, an additional twenty percent of the fee shall be assessed.

(d) In the event that any work is undertaken without first obtaining a permit, then the applicant shall pay environmental health services cost recovery fees.

(Ord. 3248 § 6, 1997; Ord. 3131 § 1 (part), 1993)

(Ord. No. 3563, § II(exh. A), 2011)

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor. Except where other penalties are specified, each offense may be punishable by imprisonment in the county jail for a period not to exceed six months, or a fine not to exceed the sum of one thousand dollars or by both such fine and imprisonment.

(Ord. 3131 § 1 (part), 1993: Ord. 1463 § 10 (part), 1965)