Sacramento County Municipal Code Ch. 11.40 Regulation of Aircraft Fueling Operations at Mather Airport

This County owns and maintains a general aviation airport on a portion of the former Mather Air Force Base in the County of Sacramento, currently known as Mather Airport.

In order to promote usage of the Airport, and to protect the public health, safety and welfare, it is necessary to regulate aircraft fueling operations at the Airport.

It is the policy of the County that the cost of operating, maintaining and developing the Airport shall be paid solely from airport system revenues, without the use of ad valorem taxes or other County general fund revenues or pledges, so as not to place any burden on taxpayers or residents of the County. In furtherance of this policy, and in accordance with the authority conferred upon the County by the laws of the State of California, it is appropriate that fuel flowage fees and administrative fees be established and periodically adjusted, in order to provide revenues for the operation of said Airport and as a reasonable means of securing compensation for the privilege of conducting aircraft fueling operations by general aviation fixed-base operators, aircraft owners or operators, or other users of said Airport.

(SCC 0987 § 1, 1995)

As used in this chapter, the terms identified by Sections 11.40.010 through 11.40.040 shall be ascribed the meanings indicated.

(SCC 0987 § 1, 1995)

The term "aircraft fueling operations"

means the transport and delivery of aviation fuel to aircraft on the Airport, including any activity which directly or indirectly relates to the transport and delivery of aviation fuel to aircraft on the Airport. The categories of aircraft fueling are:

a.

Commercial fueling operations.

b.

Self-fueling operations.

(SCC 0987 § 1, 1995)

The term "Airport"

means that portion of the former Mather Air Force Base in the County of Sacramento operated and maintained by the County as a general aviation airport, currently known as Mather Airport.

(SCC 0987 § 1, 1995)

The term "aviation fuel"

means any fuel intended for use in an aircraft including, but not limited to, aviation gas, jet fuel and motor vehicle grade fuels.

(SCC 0987 § 1, 1995)

The term "commercial fueling operations"

means the retailing or delivery of aviation fuel on the Airport by a person to aircraft owned or operated by others.

(SCC 0987 § 1, 1995)

The term "permit" or "aircraft fueling permit"

means a permit issued by the Director and required in order to conduct a category of aircraft fueling operations defined in Section 11.40.010. The term "commercial fueling permit" means that permit required in order to conduct commercial fueling operations on the Airport. The term "self-fueling permit" means that permit required in order to conduct self-fueling operations on the Airport. The term "commercial fueling and self-fueling permit" means that permit required in order to conduct commercial fueling and self-fueling operations on the Airport.

(SCC 0987 § 1, 1995)

The term "person"

shall mean a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture or other individual or entity carrying on an enterprise for which a permit must first be procured, and shall include any officer, employee, agent or other representative by or through whom the enterprise is operated or conducted.

"Person"

shall not include a public agency or any officer, employee or agent thereof while acting in the capacity of such.

(SCC 0987 § 1, 1995)

The term "self-fueling operations"

means the fueling of an aircraft on the Airport by a person who owns or operates such aircraft, by means of the person's own vehicles and personnel.

(SCC 0987 § 1, 1995)

Except as otherwise provided, the Director is charged with the responsibility for administering the provisions of this chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent, and expressed terms of this chapter, as he or she deems necessary to implement such purposes, intent and express terms.

Such rules and regulations may include, but are not limited to, the following:

a. Minimum operating standards and fueling standards for the conduct of commercial fueling operations on the Airport;

b. Minimum fueling standards for the conduct of self-fueling operations on the Airport;

c. Regulations regarding the mechanical condition of vehicles used in aircraft fueling operations on the Airport;

d. Regulations regarding the training of personnel engaged in aircraft fueling operations on the Airport; and

e. All of the regulations necessary and appropriate to ensure that aircraft fueling operations are conducted in a manner that ensures the health, safety, and welfare of the users of the Airport and the general public.

(SCC 0987 § 1, 1995)

Whenever reference in this chapter is made to the Board of Supervisors or any department, office, division, officer, or official, the reference shall be deemed to be, respectively, the Board of Supervisors or a department, office, division, officer or official of the County.

Whenever in this chapter an authority or power is vested in, or a duty is imposed upon, an officer or official, the County employees subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty.

(SCC 0987 § 1, 1995)

Any notice or other writing authorized or required by this chapter shall be deemed served and effective for all purposes on the date when it is reduced to writing and is either personally delivered to the party to whom it is directed or it is deposited in the United States mail, postage prepaid, and addressed to the party to whom it is directed. When under the provisions of this chapter any notice or other writing is authorized or required to be filed, it shall not be deemed to have been filed until it is received in the office of the official with whom filing is required.

(SCC 0987 § 1, 1995)

Violation of any of the provisions of this chapter shall, pursuant to the provisions of Section 1.01.190 contained in Title 1 of this Code, constitute a misdemeanor.

(SCC 0987 § 1, 1995)

Every person violating the provisions of this chapter, or any regulations adopted by the Director pursuant to this chapter, is guilty of a separate and further violation for each day or any portion thereof a violation continues.

(SCC 0987 § 1, 1995)

Any action or proceeding commenced or continued by the Director against a person for violations of this chapter, or any regulations or rules adopted by the Director pursuant to this chapter, shall be deemed actions or proceedings to enforce the police or regulatory power of the County.

(SCC 0987 § 1, 1995)

In addition to the penalties set forth in Sections 11.40.115 and 11.40.120, any violation of the provisions of this chapter, or any violation of the regulations adopted by the Director pursuant to this chapter, may be remedied by injunction or other civil proceedings commenced in the name of the County by the County Counsel pursuant to the direction of the Director.

(SCC 0987 § 1, 1995)

It shall be unlawful for any person to engage in commercial fueling operations on the Airport who is not the holder of a valid, unexpired and unrevoked commercial fueling permit, issued pursuant to this chapter.

(SCC 0987 § 1, 1995)

It shall be unlawful for any person who is not the holder of a valid, unexpired, and unrevoked self-fueling permit, issued pursuant to this chapter, to engage in self-fueling operations on the Airport.

(SCC 0987 § 1, 1995)

a. Fueling permits shall limit the fueling activities authorized by such permit to the activities specified for a particular category of fueling activity as such category is defined in Section 11.40.010.

b. It shall be unlawful for any person to conduct fueling activities on the Airport in a category of aircraft fueling operations which is not authorized under the permit issued to that person.

(SCC 0987 § 1, 1995)

All holders of aircraft fueling permits shall pay such fees, as may be established by resolution of the Board of Supervisors, as such resolution may be amended from time to time. Such fees may include, but are not limited to, fuel flowage fees and administrative fees.

(SCC 0987 § 1, 1995)

No aircraft fueling permit shall be transferable or assignable from one person to another.

Each such permit shall terminate and be deemed to have no further force or effect upon a change of control from one person to another of the ownership of the business, function, operation of the person to whom the permit has been issued.

(SCC 0987 § 1, 1995)

The holder of an aircraft fueling permit shall, as a condition thereof, protect, defend, and hold the County and its elected representatives, officers, agents and employees completely harmless from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including, but not limited to, attorneys fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to such permit holder's operations or exercise of any rights pursuant to the permit or the acts or omissions of such permit holder's officers, agents, employees, contractors, subcontractors, licensees, or invitees, regardless of where the injury, death, or damage may occur. The permit holder shall not be liable for any injuries, death or damage to the extent that such injury, death or damage is caused by the fault or negligence of the County, its

(SCC 0987 § 1, 1995)

a. The holder of an aircraft fueling permit shall at all times during the term thereof maintain in full force and effect, at no cost to the County of Sacramento, the following:

1. Comprehensive general liability insurance in the minimum amounts of $5,000,000 per occurrence for bodily injury, personal injury, and property damage, including products and completed operations and contractual liability.

2. Automobile liability insurance in the minimum amounts of $5,000,000 per accident for bodily injury and property damage on all vehicles used by the holder of an aircraft fueling permit at Airport for the delivery of fuel to aircraft; and $1,000,000 per accident for bodily injury and property damage on all other vehicles used by the holder of an aircraft fueling permit at Airport in conjunction with the holder of an aircraft fueling permit's operations pursuant to the permit.

3. Hangarkeeper's liability insurance in an amount adequate to cover the replacement cost of any nonowned property in the care, custody and control of the holder of an aircraft fueling permit.

4. Workers' Compensation: Statutory

5. Employer's Liability:

$1,000,000 per accident for bodily injury or disease.

Each such policy of insurance shall be issued by an admitted insurer or insurance as defined by the California Insurance Code. Each such policy shall be endorsed to expressly name the County of Sacramento, and in their capacities as such, its officers, elected representatives, employees and agents as insureds thereunder, covering all losses and damages specified in this section 11.40.180. Each such endorsement shall expressly stipulate that such policies shall operate as primary insurance, and that no other insurance and/or self-insurance maintained by the County of Sacramento, or any of its officers, elected representatives, employees, or agents, will be called on to contribute to a loss covered thereunder, and shall expressly provide that such insurance shall not be cancelled, limited, or non-renewed during the term of such permit until after 30 days' advance written notice has been given to the Director.

b. The Director may, upon 30 days prior written notice, require additional insurance and/or higher limits than that described in subsection (a) of this section.

(SCC 0987 § 1, 1995)

The application for an aircraft fueling permit shall be on such a form, and shall include such information, as is prescribed and required by the Director.

(SCC 0987 § 1, 1995)

a. The Director is authorized on behalf and in the name of the County of Sacramento, to issue, reissue, suspend, revoke or terminate permits for non-exclusive aircraft fueling operations on the Airport subject to the following limitations:

1. The permittee shall pay the rates and charges established by the Board of Supervisors for such aircraft fueling privileges;

2. The term of the permit shall be month-to-month;

3. The permit shall be subject to:

i. Immediate suspension and/or revocation where the permittee is in violation of the terms and conditions of the permit and poses an immediate threat to the public health, safety and welfare in the conduct of fueling operations, and

ii. Suspension and/or revocation upon 10 days prior written notice for a violation of any of the terms and conditions of the permit.

b. The Director shall, in writing, state the reasons for any denial, suspension, or revocation of a fueling permit. Written notice of the denial, suspension, or revocation, together with a copy of the provisions of this chapter, shall be served upon the applicant, or permittee, pursuant to the provisions of Section 11.40.110.

c. The form of all permits issued by the Director shall have been approved by the County Counsel.

(SCC 0987 § 1, 1995)

Any person may appeal the denial, suspension, or revocation of any aircraft fueling permit to the Board of Supervisors. Any such appeal shall be in writing, and shall be filed with the Director not later than 15 days after the date of service by the Director of the notice prescribed in Section 11.40.190(b). If the appeal is not filed within such time or manner, the right to a review of the action against which complaint is made shall be deemed to have been waived.

The appellant must file with that appeal a written answer under oath or affirmation which admits or denies specifically each allegation and each supporting fact contained in the Director's letter notifying appellant of the reasons for the denial, suspension or revocation. A general denial is not sufficient to controvert a specific allegation. If the appellant is without knowledge, he or she shall so state and that statement shall operate as a denial. The answer shall also state any additional facts and information that the appellant desires to have considered in explanation or mitigation of allegations in the Director's notification letter. The failure to specifically deny or explain or deny knowledge of any allegation or supporting fact shall be deemed an admission that the allegation or fact is true.

(SCC 0987 § 1, 1995)

The adoption of the provisions of this chapter, and the adoption of rules and regulations by the Director, are not intended to, and shall not be construed to, grant any property right or expectation to any person whomsoever.

Pursuant to its reservation of plenary authority to regulate the use of the Airport, the Board of Supervisors of the County reserves the right to modify any requirements for aircraft fueling operations on the Airport and to terminate any aircraft fueling permits, upon the issuance of 30 days prior notice. Such termination shall not be subject to appeal pursuant to Section 11.40.210.

(SCC 0987 § 1, 1995)