San Diego County Municipal Code Ch. 6 Sewage Collection, Transport and Disposal

*Cross reference(s)--Uniform licensing procedure, § 16.101 et seq.

Whenever any person not previously registered applies for examination as a septic tank or cesspool cleaner, said examination to be conducted by the Director as provided in Section 117420 of the Health and Safety Code of the State of California, the applicant shall pay to the Director an examination fee as set forth in Title 6, Division 5, Section 65.107, Paragraph (g), of this Code. No examination shall be administered until the required fee is paid. In the event the applicant is unsuccessful in such examination no part of said examination fee shall be returned to the applicant.

(Amended by Ord. No. 3436 (N.S.), effective 1-1-70; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Amended by Ord. No. 3436 (N.S.), effective 1-1-70; repealed by Ord. No. 10104 (N.S.), effective 1-7-11)

(a) No person or firm shall engage in the business of cleaning of septic tanks, chemical toilets, cesspools, or sewage seepage pits or in the transport or disposal of cleanings except pursuant to and in compliance with an unrevoked registration issued by the Director. Persons and firms required to be registered shall submit an application to the Department on a form provided by the Department. Registration must be renewed annually. The initial application for registration and each annual application for renewal shall be accompanied by the base permit fee required in Title 6, Division 5, Section 65.107, Paragraph (g) of this Code.

(b) Registration is not complete until an application is submitted, fees are paid, the applicable examination is taken and passed, identified disposal locations are examined or otherwise verified to be suitable, and the person or firm is notified in writing by the department that the application for registration has been approved by the Director. Renewal of registration is not complete until an application is submitted with the information required by the Director, and fees (including any applicable delinquency fees) are paid. If any information on a registration application is determined to be false or incomplete, or if the applicant has been operating in violation of this code, registration may be denied or revoked pursuant to section 117445 of the Health and Safety Code.

(c) For purposes of this registration requirement, a person or firm is "engaged in the business" of cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits or in the transport or disposal of cleanings, and therefore must be registered, if that person or firm solicits business from or contracts with the owner of a septic tank, chemical toilet, cesspool or sewage seepage pit for cleaning services. In addition, any independent contractor who cleans septic tanks, chemical toilets, cesspools, or sewage seepage pits or who hauls cleanings is "engaged in the business" of cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits.

(d) For purposes of this registration requirement, an individual who is an hourly or salaried employee of a registered person or firm, who is dispatched by that registered person or firm with instructions to do cleaning at a particular location and to transport cleaning to a particular approved disposal site, is not "engaged in the business" of cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits.

(Added by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Expired registrations are not valid. In any case where the applicant has failed to apply for a renewal registration or to pay the applicable fee prior to the expiration of a registration, it shall be unlawful for that person or firm to engage in the business of cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits or in the transport or disposal of cleaning. Prior to renewal of an expired registration, in addition to the base permit fee, the applicant shall pay a delinquency fee equal to 10 percent of the base fee for each month or fraction of a month after the expiration of the prior registration; provided, however, in no event shall the total delinquency fee be more than 60 percent of the examination fee. Late payment of required fees does not excuse unlawful operations while the registration was expired, and shall not prevent the imposition of any other penalty prescribed by this code or prosecution for violation of this chapter.

(Amended by Ord. No. 3436 (N.S.), effective 1-1-70; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 6447 (N.S.), effective 10-28-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

There is hereby imposed an annual registration fee for each sewage pumping vehicle. Said registration fee shall be paid to the Department as set forth in Title 6, Division 5, Section 65.107, Paragraph (g), of this Code. Expired vehicle registrations are not valid. In any case where the applicant has failed to apply for a renewal vehicle registration or to pay the applicable fee prior to the expiration of a registration, it shall be unlawful for that vehicle to be used to pump or haul sewage. Prior to renewal of an expired vehicle registration, in addition to the base permit fee, the applicant shall pay a delinquency fee equal to 10 percent of the base fee for each month or fraction of a month after the expiration of the prior registration; provided, however, in no event shall the total delinquency fee be more than 60 percent of the examination fee. Late payment of required fees does not excuse unlawful operations while the registration was expired, and shall not prevent the imposition of any other penalty prescribed by this code or prosecution for violation of this chapter.

(Added by Ord. No. 5001 (N.S.), effective 12-1-77; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 6447 (N.S.), effective 10-28-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A registered person or employee of a registered firm, when cleaning a septic system, chemical toilet, cesspool or sewage seepage pit, or transporting or disposing of cleaning, shall have available for immediate inspection a copy of that person's registration; or for an employee, written records showing that the person is employed by the registered firm on an hourly or salaried basis, and was dispatched to a specific pickup location or locations and disposal site by that registered firm.

(Added by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) All trucks used in the transportation and collection of sewage shall be in good mechanical condition and otherwise maintained in an overall reasonable state of good repair. Said trucks shall have the name, address, and phone number of the permittee displayed on both sides of the vehicle, in letters not less than three (3) inches high. Such lettering shall be permanently affixed to the vehicle by painting, permanent decal, or other method approved by the Director.

(b) Trucks used exclusively for pumping and servicing chemical toilets shall have a minimum tank capacity of one-hundred fifty (150) gallons. Trucks used for pumping and servicing cesspools, septic tanks, and seepage pits have a minimum tank capacity of one thousand (1,000) gallons.

(c) Trucks used in the transportation and collection of sewage shall have closed, leakproof steel tanks with water-tight main valves. Each truck shall have an approved pumping system operated by manifold vacuum, power takeoff, or auxiliary engine.

(d) Vacuum hose shall be maintained in a leakproof condition.

(Added by Ord. No. 5001 (N.S.), effective 12-1-77; amended by Ord. No. 5405 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; repealed by Ord. No. 10519 (N.S.), effective 2-9-18)

The Director shall inspect all equipment used in cleaning septic tanks, chemical toilets, cesspools and sewage seepage pits owned or under the control of each person registered under the provisions of this chapter at regular intervals. The registered person or firm using equipment that is required to be permitted shall cooperate to facilitate an initial inspection within 90 days after a registration application is submitted to the Department.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Whenever a person cleans a septic tank, chemical toilet, cesspool, or sewage seepage pit, that person shall promptly record the event and make the records available for inspection by the Director. Upon request, the registered person or firm responsible for that activity shall file a complete and accurate report for all such events. Said reports shall contain the location of septic tanks, chemical toilets, cesspools, and sewage seepage pits cleaned, the date of each cleaning, location of the disposal site, where sewage effluent or other material has been finally disposed of, and any other information which the Director may require.

(b) The report shall be signed by the registered person or an officer of the registered firm. The Director may require, before or after his initial receipt of a report, that any such report be sworn to before a notary. The registration of any person or firm who fails to submit sworn and notarized reports when required to do so by the Director may be revoked. Making a false statement or a material omission in a required report is a violation of this Chapter, whether the report was or was not required to be sworn.

(Amended by Ord. No. 5001 (N.S.), effective 12-1-77; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Publisher’s Note: This Section has been AMENDED by new legislation (Ord. 10729 , adopted 5-5-2021). The text of the amendment will be incorporated below when the ordinance is codified.

Editor’s Note--The above Publisher’s Note is included as it appears in Ord. No. 10927 (N.S.). However, the referenced Ord. No. 10729 has already been codified and does not affect this section.

No waste shall be deposited in any location other than those approved in writing by the Director.

(Added by Ord. No. 5001 (N.S.), effective 12-1-77; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Publisher’s Note: This Section has been AMENDED by new legislation (Ord. 10729 , adopted 5-5-2021). The text of the amendment will be incorporated below when the ordinance is codified.

Editor’s Note--The above Publisher’s Note is included as it appears in Ord. No. 10927 (N.S.). However, the referenced Ord. No. 10729 has already been codified and does not affect this section.

Any person violating any provision of this Chapter, or after effective notice and a reasonable opportunity to comply, any directive order issued by the Director pursuant to Section 68.601.2 of this Code, shall be guilty of a misdemeanor.

(Added by Ord. No. 5001 (N.S.), effective 12-1-77; amended by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10519 (N.S.), effective 2-9-18; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Publisher’s Note: This Section has been AMENDED by new legislation (Ord. 10729 , adopted 5-5-2021). The text of the amendment will be incorporated below when the ordinance is codified.

Editor’s Note--The above Publisher’s Note is included as it appears in Ord. No. 10927 (N.S.). However, the referenced Ord. No. 10729 has already been codified and does not affect this section.

The administrative remedies set out in Chapter 1 of Division 8 of Title 1 of this Code are applicable to violations of this Chapter.

(Added by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Any unsanitary condition or any condition not consistent with public health and comfort that is caused wholly or in part by a violation of this Chapter is a public nuisance, and may be abated by the Director as provided in this Code.

(Added by Ord. No. 10104 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)