Article 3 — LIQUID WASTE (SANITARY) PUMPERS

The purpose of this Article is to establish standards for permitting the operations of persons or entities servicing, pumping, or transporting sanitary wastes from septic tanks, seepage pits, cesspools, portable toilets, sewage holding tanks, grease interceptors, and other repositories of such wastes, to ensure that environmental public health hazards, nuisances, and pollution do not occur as a result of improper handling or disposal. Pursuant to the authority cited in Chapter 1 of Division 3 of Title 3 of the San Bernardino County Code; Water Code § 13304; Health and Safety Code §§ 5410 et seq. (Sewage and Other Waste); Public Resources Code §§ 40000; and other applicable State law, this Board designates the Department of Environmental Health Services (DEHS) of the County of San Bernardino as the enforcement authority for the purposes of this Article within this jurisdiction. (Ord. 3105, passed - -1986)

Definitions herein are in addition to all definitions in Chapters 1 and 3 of Division 3 of Title 3 of the San Bernardino County Code. CHEMICAL SUBSTANCES. Any substance placed in the waste receptacle of a portable toilet for the purpose of controlling odors and/or decomposition. PORTABLE TOILET. An enclosed unit intended for temporary use at a given location with a total floor space not exceeding 36 square feet. The term does not include toilets in camping trailers or similar units whose primary intended use is recreational. SANITARY WASTES. Liquid or semiliquid wastes contained within septic tanks, seepage pits, cesspools, sewage holding tanks, or other repositories of human body wastes, or similar materials, including grease interceptors, which may contain human pathogens. (Ord. 3105, passed - -1986)

It shall be unlawful for any person or entity to pump or otherwise remove the contents of a septic tank, seepage pit, cesspool, sewage holding tank, portable toilet, grease interceptor, or other receptacle of sanitary wastes or to transport sanitary wastes without an unexpired, unsuspended, unrevoked permit issued by the San Bernardino County Department of Environmental Health Services (DEHS) and having paid all fees specified in the San Bernardino County Code Schedule of Fees. All procedures in Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code relating to permits/hearings apply to this Article except as provided herein. (Ord. 3105, passed - -1986)

When applying for a permit to comply with § 33.0852 of this Code, an applicant shall complete in full an application form provided by the San Bernardino County Department of Environmental Health Services (DEHS) to include: (a) Complete name and description of the applicant; (b) Permanent home address and business addresses of the applicant; (c) Trade, dBA, fictitious business and firm names the applicant operates under; (d) If a joint venture, or a partnership or limited partnership, the names of all participants/partners. If a corporation, the name of each officer, title, and the nature of their participation, and their permanent address, and the name and address of the agent for the service of process; (e) The location of all approved disposal sites that will be used; (f) Facts showing that the applicant is qualified to render efficient services. This statement shall include any prior experience that will help establish the applicant’s capability to perform this function; where the applicant has provided a similar service in any other jurisdiction, a letter from that local health authority shall be included; (g) Facts showing that the applicant owns or controls vehicle(s) and equipment that conform to all applicable provisions of this Article; (h) Such other information as DEHS may reasonably require, pertinent to the applicant’s capability to carry out the permitted activity; (i) Such information as required to show applicant may legally conduct his or her business at the proposed locations pursuant to Title 8 of the San Bernardino County Code (the Development Code). (Ord. 3105, passed - -1986)

The San Bernardino County Department of Environmental Health Services (DEHS) shall act upon permit applications within 30 days unless special uses or conditions exist causing additional review by DEHS or the San Bernardino County Department of Land Management, Office of Planning. Notification of special review shall be made to applicant within the 30 days. (Ord. 3105, passed - -1986)

A permittee shall indemnify, defend and hold harmless the County of San Bernardino and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from the permittee’s acts or omissions and for any costs or expenses incurred by the San Bernardino County Department of Environmental Health Services (DEHS), County of San Bernardino or permittees on account of any claim therefore. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the permittee shall secure and maintain throughout the term of the permit the following types of insurance within the limits as shown: (a) Worker’s Compensation. A program of Worker’s Compensation Insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000.00 limits, covering all persons providing services on behalf of the permittee and all risks to such person under this permit. (b) Comprehensive General and Automobile Liability Insurance. (1) All permittees must have automobile liability coverage for owned, hired, and nonowned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than $500,000.00. (2) Permittees with three or more trucks must also have Comprehensive General liability insurance. The policy coverage shall have combined single limits for bodily injury and property damage of not less than $500,000.00.

Permittee shall immediately furnish certificates of insurance and within 60 days provide certified copies of all policies and endorsements to DEHS evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without 30 days written notice to DEHS, and shall maintain such insurance from the time the permittee commences business activities upon permit receipt and throughout any hearings for denial, revocation and/or suspension of permits or renewals. All policies, with respect to the insurance coverage above required, except for the Worker’s Compensation Insurance coverage, if applicable, shall have endorsements naming DEHS and the County of San Bernardino, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of performance of services hereunder. The permittee shall require the carriers of the above required coverage to waive all rights of subrogation against DEHS and the County of San Bernardino, their offices, volunteers, employees, contractors and subcontractors. (c) Insurance Review. The above insurance requirements are subject to periodic review by the County. The Risk Manager of the County of San Bernardino is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk. (Ord. 3105, passed - -1986)

Permits may be renewed annually when the San Bernardino County Department of Environmental Health Services (DEHS) finds that the permit holder, during the period of the unexpired permit, operated in conformity with the law, except that no permit shall be renewed or reissued as long as the would-be holder of the renewed or reissued permit is in arrears or not current with the charges or fees due for use of any County maintained disposal site used for liquid waste pumper operations. Only when no sum of money is due and owing to the County for such charges or fees shall such a permit be renewed or reissued. Renewal procedures shall generally follow the provisions of Chapter 2 of this Division beginning with § 33.0200. (Ord. 3105, passed - -1986; Am. Ord. 3294, passed - -1988)

(a) The San Bernardino County Department of Environmental Health Services (DEHS) may deny, deny renewal of, revoke, or suspend a permit for any one or more of the following causes pertaining to conduct of the applicant or permit holder: (1) When falsified information is submitted to DEHS in a permit application, report(s), or correspondence; (2) When false information is submitted to DEHS on a material question; (3) When Federal, State, or local laws or regulations pertaining to the collection, transportation, or disposal of liquid wastes are violated, or the issuing of a DEHS permit may create such a violation; (4) When the DEHS has been notified by the San Bernardino County Solid Waste Management Department or a County Special District, that the holder of the permit or applicant for a permit is in arrears or not current with the charges or fees due for use of any County maintained disposal site used for liquid waste pumper operations, unless waived by the Solid Waste Management Department or County Special District; or (5) When any violation of conditions to operate exists pertaining to the conditional use permit or special use permit issued for the uses permitted by this Chapter. (b) Upon determining probable cause for the denial, denial of renewal, revocation, or suspension of a permit, DEHS shall give written notice to the applicant or permittee to show cause why the permit should not be denied, revoked, suspended or its renewal denied, and conduct a hearing if requested in accordance with the provisions of Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code, beginning with § 33.0200. (c) When the request for denial, denial of renewal, revocation or suspension of a permit is the result of a request by another department or district, hereinafter the Initiating Department, that department or district shall reimburse the DEHS for any expenses incurred as provided for in a memorandum of understanding (MOU) between DEHS and the Initiating Department. The Initiating Department shall be responsible for the presentation of the facts of the case involved in the requested action. (d) A person or entity whose permit has been denied, revoked or had its renewal denied pursuant to this Section shall not be considered by DEHS for a permit until after one year from the date of such denial, denial of renewal or revocation. After three such denials, denials of renewal or revocations, or combinations thereof, no new permit shall be granted to such applicant. (Ord. 3105, passed - -1986; Am. Ord. 3294, passed - -1988)

Permits issued pursuant to this Article are nontransferable as to any person or entity. A permittee shall not lease, sublet or subcontract the activities regulated under the permit to any person. A permittee may hire employees to perform permit activities. A change of ownership, dBA or address of the place of residence or business of any person permitted under this Article shall be reported in writing to the San Bernardino County Department of Environmental Health Services (DEHS) within ten days after said changes occur. (Ord. 3105, passed - -1986)

Each permittee shall maintain accurate records and keep them available at the business office of the permittee for inspection by the San Bernardino County Department of Environmental Health Services (DEFIS) any time during business hours. The records shall include the location where sanitary wastes are collected; and the type, quantity, and location of all waste discharges made pursuant to the permit for the present and last two calendar years. Additionally: (a) Such information shall be submitted to DEHS for each month of operation on forms approved or provided by DEHS, by the fifteenth day of the following month. (b) For portable toilets only, the quantity of waste from several units may be summarized on a daily basis if discharge is made to a single disposal site. (c) DEHS may require such other information as is reasonably necessary and pertinent to ensure that the provisions of this Article are met. (d) Each permittee shall provide to each customer for whom the permittee has provided pumper services for sanitary waste removal a receipt and/or bill for said services which shall include: (1) Number of compartments pumped; (2) Estimated gallonage or volume of sanitary wastes removed; (3) Intended location to which the sanitary wastes are to be discharged, and; (4) Estimated disposal charges to be incurred upon disposal of said sanitary wastes. (Ord. 3105, passed - -1986)

No sanitary wastes, including wash or rinse water used to clean the interior of the liquid waste hauler’s vehicle tank or any portable toilet, shall be disposed of at any location which is not approved by the San Bernardino County Department of Environmental Health Services (DEHS) and which does not meet either or both, as applicable, of the following conditions: (a) The current unrevoked waste discharge requirements for the treatment and/or disposal of liquid wastes from the appropriate California Regional Water Quality Control Board. (b) A current, unrevoked solid waste disposal site permit sanctioning the disposal of septic or other liquid wastes from the California Integrated Waste Management Board. (Ord. 3105, passed - -1986)

Every vehicle requiring a permit by this Article shall at all times of operation have necessary equipment as determined by the San Bernardino County Department of Environmental Health Services (DEHS) to protect the public health and safety. DEHS will periodically publish standards for the operation, maintenance and care of liquid waste hauling units. These standards shall be subject to a 30 day review period prior to approval by the Director of DEHS. (Ord. 3105, passed - -1986)

Every vehicle requiring a permit by this Article shall at all times be operated and kept in a clean, well-maintained condition. Each shall be marked on each side with the name, address, and telephone number of the permittee, in letters a minimum of three inches in height. The certified volume of the tank shall be placed upon the tank or vehicle in minimum three inch high numbers. All such markings shall be kept legible at all times.

(Ord. 3105, passed - -1986)

Vehicles approved and registered for the transportation of hazardous materials or hazardous waste as defined by Health and Safety Code §§ 25411(c) or 25117, or which otherwise transport sanitary wastes, are not exempt from the requirements of this Article, including payment of annual inspection fees as set forth by the San Bernardino County Code Schedule of Fees. (Ord. 3105, passed - -1986)

It shall be unlawful for any person or entity to violate any provision of this Article. Except as provided herein, all administration, enforcement, remedies, and penalties as to this Article shall generally proceed as is set forth in Chapters 1, 2, and 3 of Division 3 of Title 3 of the San Bernardino County Code, and otherwise in the manner provided by law. (Ord. 3105, passed - -1986)

All liquid waste haulers that provide portable toilets shall comply with the following: (a) Portable toilets shall be operated and kept in a clean, well-maintained condition. (b) Portable toilets shall be pumped as necessary and at least within a week after use. (c) Portable toilets shall be cleaned and disinfected thoroughly, including the inner walls, receptacle, seats, and lids. (d) Chemical additives used in portable toilets shall be chosen from the list of acceptable additives provided by the California Regional Water Quality Control Board. (Ord. 3105, passed - -1986)