Mendocino County Municipal Code Ch. 9.12 Regulation of Sewage and Septage Pumpers

It shall be unlawful for any person, firm, or corporation to pump, or to engage in the business of pumping, cleaning, or otherwise removing material from septic tanks, cesspools, seepage pits, sewage wells, sewage ponds, or other sewage disposal systems, or to dispose of or aid in the disposal of septage, sewage, or any material removed from such systems, unless he holds an unrevoked license from the Mendocino County Health Officer as provided by this Chapter.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3465, adopted 1983.)

(a) DEFINITIONS—

HEALTH OFFICER—the duly appointed Health Officer of Mendocino County, including his authorized deputies, the Director of Environmental Health Officers, Environmental Health Officers, and Assistant Environmental Health Officers.

SEPTAGE—residual materials, including sludge, scum, and liquid from a septic tank.

SEWAGE—the liquid and waterborne wastes derived from ordinary living processes, free from industrial wastes.

CESSPOOL—an unlimited pit, including sewage wells, which receives raw sewage.

SEWAGE PONDS—an open pond which receives sludge, sewage, or wastewater for either storage or treatment.

(Ord. No. 3465, adopted 1983.)

Sections 9.12.010 to 9.12.080, inclusive, of this Chapter, shall not be applicable to any person, firm or corporation who either as owner or tenant cleans a septic tank, cesspool or a sewage seepage pit upon property actually owned, leased or occupied by him or it, but said owner or tenant shall be required to file the statement required by Section 9.12.080 of this Chapter.

(Ord. No. 411, Sec. 11, adopted 1961.)

Application for a license referred to in Section 9.12.010 shall be made to the Health Officer of Mendocino County on forms provided by him or her. A non-refundable fee of fifty dollars ($50.00) to defray the cost of investigating the application, shall accompany the application.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3465, adopted 1983.)

Applicants shall be licensed as required by the provisions of this Chapter, under such standards and conditions adopted by the Health Officer, and deemed necessary for the protection of public health and safety.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3465, adopted 1983.)

(a) BOND REQUIRED

Before an applicant can be licensed or before a license is renewed, he shall submit a bond in the amount of $2,500. Said bond shall meet terms and conditions established by the Health Officer to insure performance according to this Chapter.

(Ord. No. 3465, adopted 1983.)

FAITHFUL PERFORMANCE BOND

WHEREAS, the Board of Supervisors of Mendocino County, State of California, and _______, (hereinafter designed as "principal") have entered into an agreement whereby principal agrees to pump or engage in the business of pumping, cleaning or otherwise removing material from septic tanks, cesspools, seepage pits, sewage wells, sewage ponds and other sewage disposal systems within the County pursuant to Mendocino County Code Chapter 9.12 and agrees to abide by and observe the provisions contained therein; and

WHEREAS, said principal is required under the terms of said Chapter 9.12 to furnish a bond for the faithful performance of his obligation thereunder.

NOW, THEREFORE, we the principal and _______, as surety, are held and fully bound to the County of Mendocino hereinafter called "COUNTY" in the penal sum of twenty-five hundred dollars ($2,500) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presence.

The condition of this obligation is such that if the above bonded principal his, her or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in Mendocino County Code Chapter 9.12 and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and all respects according to their true intent and meaning, and shall indemnify and save harmless County, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the County in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms and conditions of Mendocino County Code Chapter 9.12 shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Chapter 9.12.

In witness whereof, this instrument has been duly executed by the principal insured above named on ___________.

(Ord. No. 3465, adopted 1983.)

Said license shall be issued only after a satisfactory examination conducted by the Health Officer, covering the equipment to be used in the pumping of septic tanks, cesspools, seepage pits, sewage wells, sewage ponds, or other sewage disposal systems, and applicants knowledge of sanitary principles, pertaining to public health, safety and nuisances, and the willingness and ability of the applicant in observing such sanitary principles, laws and regulations. Either before or after issuance of a license as herein required, the Health Officer of the County of Mendocino, or his duly authorized representative shall be, and they are hereby, empowered to inspect all equipment of any licensee, or other person, firm or corporation, used in cleaning septic tanks, cesspools or seepage pits, sewage wells, sewage ponds, or other sewage disposal systems.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3465, adopted 1983.)

The Health Officer is required to act upon each application filed hereunder within thirty (30) days of the date of filing such application.

(Ord. No. 411, Sec. 5, adopted 1961.)

Application and license fees shall be as adopted by Resolution of the Board of Supervisors of Mendocino County. If any licensee shall fail to renew his license within thirty (30) days of the date of expiration of said license, a late charge of fifty dollars ($50.00) shall be added to the license fee, or the license may be suspended or revoked or both.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3304, adopted 1980, as amended by Ord. No. 3465, adopted 1983.)

(a) Each licensee shall be required to file with the Health Officer once every three (3) months, or when requested by the Health Officer, a statement giving the name and address of the owner and/or tenant of each and every one of the premises where a septic tank, cesspool, seepage pit, sewage well, sewage pond, or other sewage disposal system has been pumped. Said statement shall specify the type of sewage disposal facility pumped, the date and the exact place where the septage or other material was disposed of.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3465, adopted 1983.)

(b) The licensee shall display on each side of all vehicles used by him, to pump sewage disposal systems, or to transport or handle septage or other material from such systems, the name, address, and telephone number of the licensee, and the words "LICENSED BY THE MENDOCINO COUNTY HEALTH DEPARTMENT" followed by: "LICENSE NO. _______" as issued by the Health Officer. All such lettering shall be a minimum of two (2″) inches high, and shall be in a contrasting color.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3465, adopted 1983.)

(c) All septage or other material removed from sewage disposal systems shall be disposed of only at facilities approved for the disposal of such material. Violation of this provision is hereby declared a public nuisance.

(Ord. No. 3465, adopted 1983.)

The license issued under the provision of this Chapter shall not be transferable and shall be used only by the person, firm or corporation whose name appears thereon. If the licensee sells or transfers any of his equipment, he shall immediately cause his license number to be removed from said equipment and report such sale or transfer to the Health Department within seven (7) days.

(Ord. No. 411, Sec. 9, adopted 1961.)

Any license issued under this Chapter may be suspended or revoked for good cause by the Health Officer. Good cause shall mean any violation of this Chapter, or violation of other laws and regulations pertaining to the removal and disposal of material from sewage disposal systems.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3465, adopted 1983.)

(a) SUSPENSION—

Any license issued pursuant to this Chapter may for good cause be suspended or revoked by the Health Officer. Good Cause shall mean any violation of this Chapter, or violation of other laws or regulations pertaining to the removal and disposal of material from sewage disposal systems. Any licensee whose license has been suspended shall not engage in the practice of pumping, cleaning or otherwise removing material from septic tanks, cesspools, seepage pits, sewage wells, sewage ponds, or other sewage disposal systems, or to dispose of or aid in the disposal of septage, sewage, or other material removed from such systems until his license has been reinstated. Any licensee whose license has been revoked shall not engage in any of the above acts until a new license has been issued.

Whenever the Health Officer finds a person or entity is not in compliance with the provisions of this Chapter, he shall issue a written notice to the licensee. If the licensee fails to comply, the hearing officer shall issue to the licensee a notice setting forth the acts or omissions with which the licensee is charged, and informing him or her of a right to a hearing, if requested, to show cause why the license should not be suspended or revoked. A request for a hearing shall be made by the licensee within ten (10) calendar days after receipt of the notice. A failure to request a hearing within ten (10) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing.

The hearing shall be held a reasonable time after mailing or service of the notice and, in no event, later than thirty (30) days after said notice or service. Upon written request of the licensee, the Health Officer may postpone any hearing date, if circumstances warrant such action.

(Ord. No. 3465, adopted 1983.)

(b) APPEAL OF SUSPENSION, REVOCATION—

Any licensee not satisfied with the decision of the Health Officer, may appeal the decision to the Board of Supervisors of the County of Mendocino. Such appeal shall be made in writing, and filed with the Clerk of the Board of Supervisors, with a copy served upon the Health Officer. The Board of Supervisors shall hear and decide such an appeal within thirty (30) days from the date of filing of the appeal with the Clerk of the Board of Supervisors. It shall be unlawful for the licensee to engage in the business of pumping sewage disposal systems pending the decision of the Board of Supervisors,

(Ord. No. 3465, adopted 1983.)

Any person, firm or corporation violating or causing or permitting to be violated any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for not more than six (6) months or by both such fine and imprisonment.

(Ord. No. 411, adopted 1961, as amended by Ord. No. 3465, adopted 1983.)

In addition to any other relief, a violation or threatened violation of this Chapter may be enjoined.

(Ord. No. 3465, adopted 1983.)