Napa County Municipal Code Ch. 5.20 Cleaning of Septic Tanks

The provisions of this chapter shall not apply to any city, town, county, sanitary district, sanitation district, sewer maintenance district, or to any agency or institution of the state or the federal government by reason of the cleaning of septic tanks, cesspools, chemical toilets, sewage seepage pits or sewage works which are owned and operated by any of such government agencies or institutions.

(Prior code § 6100)

It is unlawful for any person, firm, corporation or institution to do any of the following without a permit issued by the director of planning, building and environmental services or the director's duly authorized representative:

A. Pump wastewater from septic tanks, cesspools, grease traps, grease interceptors, seepage pits, wastewater holding tanks or wastewater ponds;

B. Provide and/or service portable toilets.

(Ord. 1254 § 4 (part), 2005: Ord. 963 § 1 (part), 1990: prior code § 6101)

(Ord. No. 1379, § 10, 1-29-2013)

The director of planning, building and environmental services may require any or all of the following items of information before a permit is issued for the activities listed in Section 5.20.020:

A. Business name, and if the business name is a fictitious business name, the true name of the owner of the business;

B. Business owner(s) name(s);

C. Business and mailing address;

D. Phone number;

E. Vehicle registration number (license plate number), state of California carrier number for commercial haulers, make and model of the vehicle(s) to be permitted;

F. Written approval from the disposal site(s);

G. A copy of the certified tank capacity in gallons from the Department of Weights and Measures, or other approved sealer of weights and measures, for each vehicle to be permitted; and

H. A five thousand dollar security, in a form acceptable to Napa County counsel, as outlined in Section 5.20.090 of this code.

(Ord. 1254 § 4 (part), 2005: Ord. 963 § 1 (part), 1990: prior code § 6102)

(Ord. No. 1379, § 11, 1-29-2013)

A permit for those activities listed in Section 5.20.020 may be approved and issued by the director of planning, building and environmental services only after:

A. The requirements of Section 5.20.030 have been met;

B. An inspection of the equipment to be used by the Napa County department of planning, building and environmental services has been performed; and

C. The operator has demonstrated a satisfactory knowledge of sanitary practices, emergency and cleanup procedures, and of the laws and ordinances affecting human health.

(Ord. 1254 § 4 (part), 2005: Ord. 963 § 1 (part), 1990: prior code § 6103)

(Ord. No. 1379, § 12, 1-29-2013)

Any permit issued under this chapter may be revoked or suspended by the director of planning, building and environmental services for cause on ten days' notice to the permittee, which notice shall be served by certified mail, return receipt requested, or in person at the last known place of business. The permittee may appeal such revocation or suspension to the board of supervisors pursuant to the procedure set forth in Chapter 2.88 of this code. If the revocation or suspension is so appealed, the revocation or suspension shall not be effective unless and until the action of the director is upheld by the board, except that if the director has found and determined that revocation or suspension is necessary to protect the people and environment of the county from immediate hazard to their health and safety, then the revocation or suspension shall be effective immediately following the action of the director and shall remain in effect until the action of the director is reversed by the board on appeal. The decision of the board shall be final and judicial review thereof shall be pursuant to Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

(Ord. 1254 § 4 (part), 2005: Ord. 963 § 3 (part), 1990: prior code § 6108)

(Ord. No. 1379, § 13, 1-29-2013)

An application for a permit pursuant to this chapter shall be accompanied by that fee established by resolution of the board of supervisors.

(Ord. 1254 § 4 (part), 2005: Ord. 906 § 14, 1989: Ord. 837 § 18, 1987: Ord. 575 § 7, 1978: Ord. 504 § 3, 1976: prior code § 6110)

Permits for those activities outlined in Section 5.20.020 shall be valid for a period of one year from the date of issuance. Permits may be renewed after the requirements of Section 5.20.040 have been met.

(Ord. 1254 § 4 (part), 2005: prior code § 6104)

A change of address of any permittee, including a member of a partnership which is permitted and of the place of business thereof, shall be reported to the director in writing by registered mail by the permittee within two days after such change of address.

(Ord. 1254 § 4 (part), 2005: prior code § 6106)

Every application for a permit pursuant to this chapter shall be accompanied by security in the amount of no less than five thousand dollars as an assurance that the applicant will well and faithfully perform all duties and obligations required by Sections 117400 to 117450 of the Health and Safety Code of the state, this chapter, and such terms, conditions, orders and directions as the director of planning, building and environmental services, or the director's duly authorized representative, may deem necessary for the protection of human health and comfort and the environment pursuant to Section 5.20.100 of this code and Section 117405 of the Health and Safety Code of the state. The security shall be in one or more of the following forms, which shall constitute a trust fund not subject to levy or attachment by any creditor of the permittee until released by the county and any document evidencing such security shall so provide:

A. A bond or bonds by one or more duly authorized corporate sureties authorized to do business in the state;

B. A deposit with the county treasurer of cash or negotiable bonds of the kind approved for securing deposits of public moneys;

C. An instrument of credit, in a form acceptable to the county counsel, from a financial institution subject to regulation by the state or federal government, pledging that funds constituting the required amount of the security are on deposit and guaranteed for payment;

D. A letter of credit, in a form acceptable to the county counsel, issued by a financial institution subject to regulation by the state or federal government, guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid to and upon the written demand of the director of planning, building and environmental services and that such written demand need not present any documentation of default or loss as a condition of payment;

E. Assignment to the county of a certificate of deposit with any financial institution subject to regulation by the state or federal government, in a form acceptable to the county counsel, and payable to the county upon written demand of the director of planning, building and environmental services. If this form of security is utilized by the permittee, the amount of the certificate of deposit shall be increased to include the largest penalty which might be assessed for early withdrawal in the event demand by the director should occur during the term of the certificate of deposit. Accrued interest may be withdrawn by the permittee at such times as permitted without penalty by the terms of the certificate and shall not constitute part of the security.

(Ord. 1254 § 4 (part), 2005: Ord. 963 § 3 (part), 1990: prior code § 6107)

(Ord. No. 1379, § 14, 1-29-2013)

A. Applicants may be permitted under such terms, conditions, orders and directions as the director of planning, building and environmental services may deem necessary for the protection of human health and comfort and the environment.

B. The director is empowered to require any and all persons who are permitted pursuant to this chapter to file with the director at any time and at such frequency or intervals as determined necessary, a statement giving the name and address of the owner or tenant of each of the premises where a septic tank, cesspool, grease trap, grease interceptor, sewage seepage pit, wastewater holding tank, wastewater pond, and/or the provision or service of a portable toilet that has been serviced by said permittee, and said statement shall also describe in precise terms the place where the wastewater shall have been disposed of, the date, and by whom. The director may require such statements to be sworn to before a notary.

(Ord. 1254 § 4 (part), 2005: Ord. 963 § 2, 1990: prior code § 6105)

(Ord. No. 1379, § 15, 1-29-2013)

A. The business name and phone number shall be permanently affixed on both sides of the vehicle in, plain, legible letters and numbers at least four inches high, and shall be visible at all times. The certified capacity of the tank in gallons shall be permanently affixed on both sides of the tank in plain, legible numbers a minimum of four inches high and shall be visible at all times. The capacity as shown shall be that approved and certified by the sealer of weights and measures of the county, or other approved sealer of weights and measures.

B. A minimum of fifty feet of garden hose, a bucket and detergent shall be carried on each pumping vehicle. All pumping hoses must be cleaned out into the truck tank or into the septic tank, chemical toilet, cesspool, grease interceptor, seepage pit, wastewater holding tank or wastewater pond being pumped, and not on the surface of the ground. The customer's hose shall not be used.

C. There shall be carried on each unit at all times a sufficient quantity of chloride of lime or other chlorine product for disinfection of hose and areas where accidental spillage of sewage might occur.

(Ord. 1254 § 4 (part), 2005: prior code § 6109)