Mendocino County Municipal Code Ch. 9.24 Mendocino County Water Haulers' Ordinance

This Chapter shall be known and cited as the "Mendocino County Water Haulers' Ordinance."

(Ord. No. 3297, adopted 1980.)

It is the purpose of this Chapter to regulate the transportation of potable water for domestic use in order to promote the community welfare, convenience, health and safety.

(Ord. No. 3297, adopted 1980.)

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

(a) "County" means the unincorporated territory of Mendocino County.

(b) "Health Officer" means the Mendocino County Public Health Officer or his duly appointed representative of the Division of Environmental Health.

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

(d) "Permit" means a written authorization issued by the Public Health Officer pursuant to this Chapter.

(e) "Transport Water" means haul water in a container or tank or by Health and Safety Code. Section 4010 et seq.

(Ord. No. 3297, adopted 1980.)

No person shall:

(a) Transport water to any other person for purposes of domestic use in the County, from a source not previously approved by the Health Department.

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

(Ord. No. 3297, adopted 1980.)

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 unit. This Chapter is not intended to apply to bottled water, regulated pursuant to Secs. 4040 et seq. of the California Health and Safety Code.

(Ord. No. 3297, adopted 1980.)

Vehicles used in the business of transporting potable water for domestic purposes shall have painted on the outside of each side wall of the hauling body, in letters of not less than two inches (2″) in height and one inch (1″) wide, the following information in a color contrasting to the body color:

(a) The name of the collector, transporter or company operating the vehicle.

(b) Permit number issued by the Health Department.

(c) Number of vehicle, if more than one (1) is operated by the collector, transporter or company.

(Ord. No. 3297, adopted 1980.)

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 bacteriological tests.

(f) Base location of transporting vehicles.

(g) Vehicle name, 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.

(Ord. No. 3297, adopted 1980.)

The Health Officer may condition any permit which he issues. Conditions may include requirements for sanitizing containers, for regular bacteriological and chemical testing and for the keeping of records thereof.

(Ord. No. 3297, adopted 1980.)

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

(Ord. No. 3297, adopted 1980.)

Any permit issued pursuant to this Chapter may be suspended by the Health Officer for a maximum of ten (10) days upon violation of this Chapter and in the event of serious violation or repeated violations, such permit may be revoked by the Health Officer. Notice of the hearing for revocation of the permit shall be given in writing by the Health Officer and shall state grounds of the complaint and the time and place of hearing. Such notice shall be mailed to the permittee, by first class mail, at least five (5) days prior to the date set for hearing. Said hearing shall be conducted by the Health Officer and permittee shall have the right to present evidence, cross examine witnesses and to be represented by counsel. Any person, firm, or corporation dissatisfied with the action of the Health Officer in revoking a permit, after a hearing, may within a period of ten (10) days after receipt of notice of revocation, file with the Clerk of the Board of Supervisors, a notice of intent to appeal. In the event of appeal, the Board of Supervisors shall within thirty (30) days of filing the notice of intent to appeal hear and determine the matter, and notice thereof shall be given in the same manner as in the case of the original hearing. The permit shall be suspended pending the decision of the Board of Supervisors and such decision shall be final and conclusive.

(Ord. No. 3297, adopted 1980.)

A fee shall be charged for each permit issued pursuant to resolution by the Board of Supervisors as a reasonable charge to defray the costs to the County in the administration of this Chapter.

(Ord. No. 3297, adopted 1980.)

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. No. 3297, adopted 1980.)

If any provision of this Chapter shall be rendered void or unconstitutional by judicial or other 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. No. 3297, adopted 1980.)

Any person, agent, or employee of any person, who violates any provision of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five ($25.00) nor 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. 3297, adopted 1980.)

This ordinance shall take effect thirty (30) days after adoption by the Mendocino County Board of Supervisors.

(Ord. No. 3297, adopted 1980.)