Riverside County Municipal Code Ch. 8.84 Liquid Wastes and Animal by-Products

The terms as used in this chapter shall have the following meanings:

"Animal by-products" means the bones, fat, grease, meats and blood waste generated by the processing of meat for animal or human consumption at locations including, but not limited to, butchering facilities, markets, restaurants, or packaging plants.

"Approval" means the written approval by the health officer or his or her designated representative.

"County" means the county of Riverside, state of California.

"Deodorizer or other additives" means any substance that is placed in the waste receptacle of a portable toilet for the purpose of controlling odors and/or decomposition.

"Department" means the county department of health.

"Disposal site" means a liquid waste facility including, but not limited to, evaporation ponds at sanitary landfills, sewage treatment facilities and reclamation facilities that are licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.

"Employer" means any person operating a business at which ten (10) or more persons work in locations for more than consecutive hours in any one day. This includes, but is not limited to, manufacturers and construction contractors.

"Grease trap/interceptor" means a clarifier or other device used to retain grease from normal wastes and permit normal sewage or liquid wastes to discharge into the disposal terminal. Waste removed from clarifiers used for any other purpose shall be considered industrial waste.

"Handling" means the transporting, transferring, pumping, processing, storing or packaging of waste referred to in this chapter.

"Hazardous material" mean a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics may either:

1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

"Health officer" means the health officer of the county or his or her designated representative.

"Industrial liquid waste" means any and all liquid or water borne waste from industrial or commercial processes, except septic waste (domestic sewage).

"Intermediary storage tank" means a stationary tank, used for the temporary storage of nonhazardous liquid waste which will be transported off site to a disposal site for subsequent treatment or disposal.

"Liquid waste" means all nonhazardous wastes that are neither solid nor gaseous.

"Liquid waste vehicle" means any conveyance or portable equipment used in the collection and/or transfer of residential or commercial nonhazardous liquid waste. It shall also mean any vehicle which is used to transport sewage sludge and vehicles used to collect or transport animal by-products. When used in conjunction with a tractor/trailer mounted collection unit, vehicle shall refer to the trailer.

"Maintenance facility" means the yard or location wherein those companies with portable toilets and/or three or more vehicles, clean, repair and store vehicles or toilets when not in use, or where an intermediary storage tank is located.

"Portable toilet" means a self-contained, flush or non-flush toilet wherein the waste is deposited directly into a reservoir which may contain a solution of water incorporating an approved deodorizer or other additive for odor control. The units may be mounted on mobile trailers, skids, or otherwise readily movable structures. These facilities are also known as "chemical toilets."

"Person" means any person, firm, business, sole proprietorship, partnership, joint venture, trust, association, or corporation whether for profit or nonprofit.

"Promoter" means any person which assumes the financial and/or legal responsibility for an exhibition, special event or other activity at which the general public may gather. These activities include both free events and events for which an entry fee is assessed.

"Septic waste" means the liquid and water borne wastes derived from the ordinary living processes, free from industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system. This is also known as "domestic sewage."

"Sewage" or "sewage effluent" means any and all waste substances, liquid or solid, associated with human habitation, or which contains or may be contaminated with human or animal excrement, offal, or any feculent matter.

"Sludge" means the nonhazardous solids, semi-solids or liquids generated by the processing of liquid waste by a community or municipal sewage treatment plant.

"Toilet facility" means a fixture maintained within a toilet room for the purpose of defecation, urination or both.

"Toilet room" means an enclosure containing one or more toilet facilities.

(Ord. 712 § 1, 1992)

A. No person shall engage in the business of providing or cleaning portable toilets or the cleaning of septic tanks, cesspools, sewage seepage pits or grease traps, or engage in the transportation of wastes collected by such cleaning, or handle the wastes from any animal by-products, or other nonhazardous liquid waste within the county in violation of this chapter.

B. No person shall provide or use an intermediary storage tank in conjunction with a liquid waste handling business regulated by this chapter without prior written approval from the health officer.

C. No person shall operate a liquid waste vehicle, furnish or provide a portable toilet or toilets, handle the wastes from animal by-products, clean septic tanks, etc., or maintain or operate maintenance facilities without holding a current unrevoked and unsuspended permit issued by the health officer. Persons or vehicles regulated through other Ordinances or programs enforced by the department may be exempted from the permitting requirements of this chapter upon written statement issued by the health officer.

D. Employers and promoters shall provide or cause to be provided toilet facilities meeting the specifications as established by resolution adopted by the board of supervisors.

E. All wastes or other material collected under the authority of this chapter shall be transported to a disposal site approved by the health officer for that type of waste. The express, written permission of the operator of the disposal site shall be secured by the permittee prior to disposal at the site or into any system which is connected to the site.

F. The standards established for the acceptance of waste by the operator of the disposal sites shall be observed at all times by permittees.

(Ord. 712 § 2, 1992)

The health officer is authorized to issue permits authorizing the holder thereof to perform the following services in accordance with the requirements of this chapter:

A. Type of Service Provided. The permit issued will allow the permittee to provide collection service(s) for removal and transportation of all wastes as defined in this section. The permittee shall take all steps necessary to assure that such handling is completed in a safe, sanitary and efficient manner.

1. Septic Waste.

a. The permittee is authorized to collect and transport all residential and commercial septic wastes as defined.

b. The permittee is authorized to collect, transport and dispose of industrial waste as defined upon verification that the waste is free of any products or contaminants which could result in a classification as hazardous waste.

c. The permittee shall be required to conduct testing of all waste to include at least a pH analysis of each load accepted. Waste with a pH less than or equal to 2, or greater than or equal to 12.5 is considered a hazardous waste and shall not be handled by permittees unless a valid permit for hazardous materials collection has been secured from the California State Department of Health Services.

d. Each residential septic tank pumping customer shall be informed, in writing of:

i. The number of compartments within the system to be pumped;

ii. An assessment of tank condition as to necessity for pumping chamber(s) in addition to the primary. For routine maintenance, all compartments of a septic tank should be made available for pumping of liquid and solids;

iii. The number of compartments actually pumped;

iv. The number of gallons removed;

v. The pH value of the load.

e. The permittee shall instruct all septic service customers in the operation and proper maintenance of their subsurface disposal system.

2. Portable Toilets.

a. The permittee is authorized to provide, place and service portable toilets.

b. Portable toilets shall be commercially manufactured units built and maintained to standards established by resolution of the board of supervisors.

c. The employer and/or promoter of businesses, construction and demolition sites and public events where permanent toilet facilities of sufficient number are not available shall provide these sites/events with portable toilets in the numbers specified by resolution of the board of supervisors.

d. Portable toilets are to be cleaned and sanitized by the permittee at least once a week. A permanent maintenance record for each unit, listing the dates the unit has been serviced and the deodorizer used, is to be maintained on the inside wall of the portable toilet for confirmation by the health officer.

e. Deodorizing/sanitizing additives, used in the waste container shall be in accordance with applicable federal, state and local provisions.

f. Portable toilets shall be thoroughly cleaned and sanitized before being moved to a different location. If repairs are needed, the portable toilets shall be taken to the company's maintenance facility and repaired to meet the standards set by resolution of the board of supervisors.

3. Animal By-Products (Fat/Grease).

a. The permittee shall take all steps as may be reasonable and necessary in order to assure that the collection of all fats, animal by-products or grease collected for the purpose of reclamation, reuse or disposal is handled in a manner which will minimize spillage, public hazard or nuisance.

b. All contents from grease traps/interceptors or liquid animal by-products (such as egg shell waste) shall be collected with an approved vehicle and discharged to either:

i. A disposal site specifically approved for grease trap wastes; or

ii. A facility which processes the waste for reclamation or subsequent discharge.

c. Where liquid animal by-products or grease is stored by the generator in leakproof approved containers, the storage container itself may be transported on or in an approved vehicle to the processing facility.

d. Solid animal by-products such as bones, fat or meat are to be transported on or in an approved vehicle to a processing facility. Collection and transportation of solid animal by-products to a disposal site by any person other than the generator constitutes solid waste collection as regulated under separate county ordinance and therefore is prohibited under the terms of this chapter,

4. Sludge.

a. The permit issued by the county will allow the permittee to provide collection, transportation and handling of sludge. This permit does not authorize the permittee to engage in the land application of sewage sludge for agronomic purposes, which activity is regulated under county Ordinance No. 696. This permit does not authorize the permittee to engage in the composting of sewage sludge, which is regulated by other county and state regulations, and is therefore not allowed under the terms of this chapter.

b. Sludge shall be delivered only to disposal, or processing sites approved and/or permitted by all agencies with jurisdiction. The permittee shall take all steps as may be reasonable and necessary in order to assure that the collection and transportation of all sludge for the purpose of reclamation, reuse or disposal shall be handled in a manner which will minimize public hazard or nuisance.

B. Handling of Waste.

1. All waste hauled by the permittee shall be contained or enclosed to prevent leaking, spilling or inadvertent discharge.

2. Any discharge or spillage at a location other than an approved disposal site or processing facility shall be cleaned and appropriately disinfected prior to the vehicle driver's departure from the site. Such discharge or spillage shall be reported by the permittee to the health officer within twenty-four (24) hours of the incident.

3. Any container, vessel, tank or vehicle used to store, collect or consolidate waste collected by the permittee prior to discharge or delivery shall be approved by the health officer and is subject to approvals or permits by other agencies with jurisdiction.

C. Reports. Every permittee shall provide one or more reports as required by the health officer within ten (10) calendar days of the end of each calendar month on forms supplied by the department.

1. Permittees handling septic or grease trap waste. The report shall be written in a clear and legible manner and shall list all septic tanks, cesspools, grease traps, sewage seepage pits or any other non-hazardous waste containers pumped or cleaned by the permittee during the month. The report shall list the date, address of the property, the name of the owner or tenant, gallonage pumped from the site, the disposal site, and total gallonage disposed for that month.

2. Permittees servicing portable toilets shall report the number of toilets serviced, the volume removed and the disposal site(s).

3. Permittees handling animal by-products shall report the volume or weight of the materials collected during the month and the processing site(s) to which the animals by-products were delivered.

4. Permittees handling sewage sludge shall report the source, volume and disposal site for each load transported in the county.

D. Facilities and Equipment.

1. The permittee shall maintain its maintenance facilities in a clean and safe condition. The permittee shall, upon request, provide a clearance from the appropriate planning agency, Regional Water Quality Control Board or other appropriate public or private agencies approving the site for all uses intended.

2. Maintenance facilities at which vehicles or portable toilets are washed shall be provided with adequate drainage to an approved sewer or subsurface disposal system. The entire lot shall be adequately sloped for drainage control. All hose bibs and other water outlets shall be protected by an approved backflow prevention device.

3. Vehicles used shall meet the specifications:

a. All vehicles used for the collection of waste in a liquid form shall be equipped with a reliable tank content level indicator, shall be water-tight, and have water tight covers on the manholes and fittings.

b. Vehicles which are used exclusively to service portable toilets may be exempted from the requirement of a tank content level indicator, at the discretion of the health officer.

c. The name (or DBA) and address or phone number of the person to whom the permit is issued shall be printed on both sides of the vehicle. The letters shall be a minimum of three inches in height and fully visible and legible at all times. The liquid waste tank capacity shall be approved and certified by any county department of weights and measures or similar agency and clearly indicated on both sides of the vehicle in contrasting letters no smaller than one inch.

d. All discharge valves or gates shall be operated from the valves or gates themselves and not by controls within the cab of the truck. Contents shall be discharged through a closed line without spilling or splashing and all valves shall shut tightly without difficulty. The discharge line shall be equipped with a leakproof cap which shall be fitted over the outlet pipe at all times, except when the contents of the tank are being discharged. This cap shall be securely attached to the vehicle by a chain or similar device as approved by the health officer.

e. All pumps shall be leakproof and all lines used for pumping or cleaning of waste disposal systems shall be furnished by the permittee.

f. All vehicles shall be kept clean of splashing and waste accumulation. All vehicles shall be kept in good repair, and not leaking oil or other fluids onto the surface of the ground.

g. All water used in cleaning lines and equipment shall be discharged into an approved sewage disposal system or disposal site.

h. Each vehicle shall carry a minimum of five gallons of fresh water on the vehicle.

i. Each vehicle shall carry a garden hose of at least twenty five (25) feet in length and one gallon of disinfectant for cleaning spillage.

j. Vehicles used for transporting wastes not in a liquid state shall be designed, constructed and maintained to eliminate the potential for spillage. Such vehicles are subject to any of the above requirements which are appropriate for the waste being transported.

k. Vehicles are to meet all standards established by other government agencies including, but not limited to:

i. Vehicular emissions;

ii. Safety equipment or OSHA standards;

iii. Noise levels;

iv. Applicable highway patrol inspections.

E. Personnel. Permittee shall be responsible to see that his or her personnel involved in the handling of waste collected under the authority granted by the permit are adequately trained and experienced in liquid waste collection, sanitation responsibilities and use of acceptable public relations skills.

F. Handling of Complaints. Permittee shall be equipped to directly receive and promptly process all customer complaints associated with the service provided. The health officer shall provide general assistance to permittees' customers who complain to the department and shall refer such customers to the permittee for more specific problem resolution. The permittee shall give prompt, courteous attention to all complaints and resolve them to the satisfaction of the health officer.

G. Change of Address. The permittee shall report any change of ownership, DBA or address of the place of residence or business of any person permitted under this chapter reported in writing to the health officer by registered mail within ten (10) days after the change.

(Ord. 712 § 3, 1992)

A. A permit obtained under this chapter shall not authorize the collection, handling or disposal of non-specified solid waste, hazardous or extremely hazardous waste.

B. In the event that permittee inadvertently collects or is refused disposal of waste on the basis that the waste is believed to be hazardous waste or extremely hazardous waste, permittee shall immediately notify, by telephone and in writing, the health officer, and the local fire agency or affected city, listing the following information:

1. Name, address and telephone numbers of the permittee;

2. Name, address and telephone number of the location from which the hazardous or extremely hazardous waste was collected;

3. A description of the type of hazardous or extremely hazardous waste collected;

4. Location at which the hazardous or extremely hazardous waste is being held.

(Ord. 712 § 4, 1992)

All applications for a liquid waste vehicle permit or a maintenance facility permit shall be filed with the health officer upon a form provided by the department. The application shall state the owner's name in full, if a partnership the names of each of the partners, the relationship of the applicant to the firm or partnership, the DBA if different than the owner's name, the location of business or maintenance facilities, the mailing address, the business phone number and the place of residence of the applicant. The application shall also state the exact location of all disposal site(s) utilized, a list of the cities and other counties in which the business will operate and a list of the vehicles requested to be permitted, to include the make, model, year, California License number and waste capacity.

Any person in Riverside County who intends to use an intermediary storage tank located below the surface of the ground shall also submit a clearance from the land development branch of the department. This clearance will assess the size of the proposed facility, if existing, will review a C-42 license contractor's evaluation of the tank or tanks and if new will insure applicable approvals have been obtained from the appropriate county departments.

Any person who intends to handle both hazardous materials and liquid waste shall demonstrate evidence that a valid permit for hazardous materials collection has been secured from the California State Department of Health Service.

(Ord. 712 § 5, 1992)

Prior to the issuance of a public health permit, there shall be paid to the health officer the fees indicated below:

All permits shall be issued on a calendar year basis. A permit issued for less than one year shall be prorated to the quarter. If an application for a permit or permit renewal is made more than thirty (30) days after the date that such permit is required, the applicant shall pay an additional fee of twenty (20) percent of the fees normally due. If an application for a permit or permit renewal is made more than sixty (60) days after the date that such permit is required, the applicant shall pay an additional fee of one hundred (100) percent of the fees normally due. The health officer shall provide a decal for each permitted vehicle. The decal shall be permanently affixed to the windshield so as to be clearly visible at all times. Upon completion of the vehicle inspection report, a copy shall be furnished to the operator. Liquid waste vehicles operated under a state of California permit to handle hazardous waste are exempt from the payment of fees. Fees payable after June 30, 1992 shall be as established in Riverside County Ordinance 640.

(Ord. 712 § 6, 1992)

The terms, covenants and conditions of the permit shall commence upon execution of the permit, for the duration of the calendar year or prorated portion of the year in which the permit is issued.

A. Nonrenewal. The making of a decision of nonrenewal and the reason(s) therefore, shall lie within the sole discretion of the health officer. Such decision by the health officer shall be indicated by a written notice to the permittee forty-five (45) days prior to the expiration of the current permit. Any proposal for nonrenewal of the permit shall entitle the permittee, (when he so requests) to a hearing before the health officer.

B. Permit Suspension or Revocation. Whenever the health officer finds that a permittee is not in compliance with the requirements of this chapter, a written notice to comply may be issued to the permittee. If the permittee fails to comply, the health officer shall issue the permittee a notice setting forth the acts or omissions with which the permittee is charged, and inform him or her, of a right to a hearing to show cause why the permit should not be suspended or revoked.

C. Appeals/Hearing. A written request for a hearing shall be made by the permittee within fifteen (15) calendar days after receipt of the notice. Failure to request a hearing within fifteen (15) days after receipt of the notice shall be deemed a waiver of the right to a hearing. The health officer may order a hearing at any reasonable time within this fifteen (15) day period to expedite the permit suspension, revocation or nonrenewal process. The hearing shall be held within ten (10) county working days of the receipt of a request for a hearing with a written notice of the decision issued by the hearing officer within five county working days thereafter.

(Ord. 712 § 7, 1992)

No assignment or transfer, whether voluntary or involuntary, of the permit issued under this chapter or any right thereunder, shall be made in whole or in part by the permittee without the written approval of the health officer.

(Ord. 712 § 8, 1992)

The county reserves the right to manage control of the county liquid waste stream, including the right to direct deliveries to designated transfer stations, processing facilities, waste water treatment facilities and/or disposal sites.

(Ord. 712 § 9, 1992)

A. The county reserves the right to apply the basic standards contained in this chapter to other nonhazardous substances which, by their nature and/or composition, in the opinion of the health officer, require special handling procedures consistent with those applied to items specifically designated herein to adequately manage the waste stream of the county and to avoid the creation of a health hazard or nuisance.

B. The county reserves the right to require a permit bond, pollution bond, or other insurance bond of an amount up to one hundred thousand dollars ($100,000.00) per permittee, such right to be dependant upon the reasonable need thereof, as may be determined by the health officer.

C. The county reserves the right, at permittee expense, to require independent certification of the integrity of any tank or vessel used for the collection or handling of wastes.

D. The county reserves the right to require persons providing portable toilets to submit in writing to the health department, the locations of all toilets in service at a given time.

(Ord. 712 § 10, 1992)

A. The permittee shall, at all times, act as an independent contractor, and neither the permittee, his or her agents or employees, shall be considered agents or employees of the county. Further, the permittee, his or her agents or employees shall have no authority to bind the county, in any manner or on any matter, whatsoever.

B. The permittee as a condition of operating under the permit hereby agrees to defend, indemnify and hold harmless, the county, its officers, agents and employees from and against any and all claims, demands, expenses, costs, suits, actions, legal proceedings, and attorney's fees incident to any work done in the performance of the permit, arising out of wilful or negligent acts or omissions of the permittee, its officers, agents and employees; provided, however, that the permittee shall not be liable for any suits, actions, legal proceedings, claims demands, damages, costs, expenses and attorneys' fees, arising out of the sole wilful or negligent act or omission of the county, its officers, agents or employees.

C. The permittee or applicant for a permit shall defend, indemnify, and hold harmless, the county, its officers, agents, servants and employees, from and against any and all suits, actions, legal proceedings, claims, demands, damages, losses, costs, expenses and attorneys' fees, incident to, or arising out of the application for, the issuance of, or operations conducted under, any permit issued or applied for pursuant to this chapter.

(Ord. 712 § 11, 1992)

It shall be the duty of the health officer or his or her agents to enforce the provisions of this chapter.

(Ord. 712 § 12, 1992)

The applicant shall agree, as a prerequisite to the issuance of the permit to allow the health officer, at reasonable times and upon presentation of credentials to:

A. Enter upon the permittees maintenance facility, place of business or other location(s) where the permittees vehicles may be stored or engaged in the activities authorized by the permit;

B. Have access to and copy records required to be kept under the terms and conditions of this permit;

C. Inspect any collection, transportation or storage vessels or vehicles associated with the performance of the activities authorized by this permit;

D. Obtain any photographic documentation or evidence.

(Ord. 712 § 13, 1992)

Any violation of this chapter is hereby deemed to be a public nuisance and may be abated by the health officer irrespective of any other remedy provided in this chapter.

(Ord. 712 § 14, 1992)

Violation of any of the provisions of this chapter, by any person, firm, partnership, association or corporation, whether holding a permit or not, or by any customer, owner, occupant or agent, of a customer or user of waste services, constitutes an infraction or misdemeanor as hereinafter specified. Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or takes place.

Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for the first violation; guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) of a second violation within two years of the first violation and perpetrated by the same person. The third and any additional violations perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty shall not relieve a person from the responsibility for correcting the violation at his or her own expense.

The procedures, remedies and penalties for violation of this section and for recovery of costs related to enforcement are provided for in Ordinance No. 725, which is incorporated herein by this reference.

(Ord. 712.1 § 1, 2007; Ord. 712 § 15, 1992)