Article 2 — CERTIFICATIONS

a.

No Person shall perform soil percolation testing or submit results from soil percolation testing to Environmental Health unless they possess a current certification from Environmental Health as prescribed in the Onsite Systems Manual.

b.

Soil percolation tester certification by Environmental Health may be suspended or revoked upon any of the following grounds:

The tester no longer possesses a current and valid registration or certification as a State of California Registered Environmental Health Specialist, Professional Geologist, or Professional Civil Engineer as determined by Environmental Health;

Environmental Health determines that a material misrepresentation was included by the tester on the initial or renewal application for soil percolation tester certification by Environmental Health; or

Environmental Health determines that the tester, in the performance of testing required by this chapter, committed an act that misrepresents actual soil percolation conditions or may pose a threat to public health and safety.

(Ord. No. 04754, § 1, 1-5-2016)

a.

No Person shall install, construct, add to, alter, or replace an OWTS in San Mateo County unless they possess a current certification from Environmental Health as prescribed in the Onsite Systems Manual. This certification shall be required in addition to any license to install the OWTS which is mandated by state law.

b.

OWTS installer certification by Environmental Health may be suspended or revoked on any of the following grounds:

OWTS installer no longer possesses a current and valid, State of California contractor license;

Environmental Health determines that the OWTS installer made a material misrepresentation on the initial or renewal application for installer certification by Environmental Health; or

Environmental Health determines that the OWTS installer, in the course of installing, constructing, adding to, altering, or replacing an OWTS in San Mateo County required by this chapter, committed an act that violates this chapter or the Onsite Systems Manual or may pose a threat to public health and safety.

(Ord. No. 04754, § 1, 1-5-2016)

a.

It shall be unlawful for any Person to engage in pumping or cleaning or engage in the business of pumping or cleaning of OWTS, holding tanks or portable toilets, or removing other accumulations of septage, or to dispose of the cleanings thereof, unless they possess a current certification from Environmental Health as prescribed in the Onsite Systems Manual.

b.

Each pumper vehicle operating within San Mateo County shall be inspected by Environmental Health annually based on criteria in the Onsite Systems Manual, and shall bear a current Environmental Health Vehicle Identification Permit unique to each vehicle.

c.

Septage pumper certification by Environmental Health may be suspended or revoked on any of the following grounds.

Environmental Health determines that the septage pumper, in the performance of OWTS, holding tank or portable toilet pumping, hauling, inspection or reporting, commits an act that violates this chapter or the Onsite Systems Manual or may pose a threat to public health and safety; or

Environmental Health determines that the septage pumper made a material misrepresentation on the initial or renewal application for certification by Environmental Health, or in any reporting required by this chapter or the Onsite Systems Manual.

d.

The provisions of this section 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, portable toilets or sewage works that are owned and operated by any of these governmental agencies or institutions.

(Ord. No. 04754, § 1, 1-5-2016)

certifications.

The suspension or revocation by Environmental Health of any certification set forth in sections 4.84.045 through 4.84.055 of this chapter shall be accomplished in the following manner:

a.

Written notice of the suspension or revocation shall be served on the certified tester, installer or pumper by certified mail or personal service. The notice shall describe the violation with supporting facts and mention the right to request an appeal hearing before Environmental Health.

b.

Environmental Health may suspend a tester, installer or pumper certification for a period between five (5) calendar days and the number of calendar days remaining until the end of the certification term, depending upon the severity of the transgression.

c.

Suspension or revocation issued pursuant to this section will be effective ten (10) calendar days from the date appearing on the written notice, unless a timely appeal is filed in accordance with this subsection d.

d.

Appeal.

The decision is appealable to Environmental Health.

An appeal must be in writing, and hand-delivered or mailed to Environmental Health.

An appeal must be received by Environmental Health on or before the effective date of suspension or revocation provided by subsection a.

The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by Environmental Health.

A hearing on the appeal shall be scheduled within thirty (30) calendar days of the date of the notice of suspension/revocation unless an extension is authorized by Environmental Health.

The decision of Environmental Health shall be a final administrative order with no further administrative right of appeal.

e.

No reapplication will be accepted by Environmental Health for a period of six (6) months after a tester, installer or septage pumper certification is revoked.

f.

The following rules shall apply to any hearing held pursuant to this section. At the hearing, all parties shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable Persons are accustomed to rely in the conduct of serious affairs. Formal rules of discovery do not apply to proceedings governed by this chapter. Unless otherwise specifically prohibited by law, the burden of proof is on the appealing party in any hearing or other matter under this chapter.

(Ord. No. 04754, § 1, 1-5-2016)