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ORDINANCE NO. 2013
AN ORDINANCE 3INANCE OF THE CITY OF REDLA DS ADOPTING
PORTIONS OF TITLE 3, DIVISION 3 OF THE SAN
BERNARDI O COUNTY CODE RELATING To ENVIRONMENTAL
HEALTH, REPEALING PORTIONS OF THE RED AND
MUNICIPAL CODE AND ADDING NEW CHAPTER 8.68
RELATING TO RIDING ACADEMIE -
THE `CITY COUNCIL OF THE CITY OF REDLANDS does ordain.
SECTION 1. Chapter 8 . 02 is added to the Redlands
Municipal Code, to read as follows
"Chapter 8 . 02'
UNIFORM ENVIRONMENTAL HEALTH CODE
Sections
8,02.010 Uniform Environmental Health
Cade Ado ted by Reference --
CO2Y on File
8 . 02.020 Portions Deleted.
8. 2.030 Enforcement Agency - Unlawful
interference
nla fulinterference with Same.
8. 02. 040 Violations -- Fen Lt }
8 .02.050 Construction.
8.02.010 Uniform Environmental Health Code Ado2ted_ by Reference _-
Cin File. Pursuant to Sections 480 et sem. , 50 et a• , and
1155. 5 of the California Health and. Raf ty Code, Titl 17 of the
California Administrative Code, and ether relevant state laws for
the protection of the environmental public health, there is hereby
adopted b the City of Redlands that certain code known as the
Uniform Environmental Health Code, consisti
8.02.020 Portions Deleted. Portions of the Uniform Environmental
Health Code are deleted as follows:
All of Chapter 3, "Public Nuisance Abatement, " is
deleted.
Chapter 8 Article 1 "Refuse Storage" is deleted.
Article 2 "Refuse Collection" is
deleted.
Article 4 "Sewage- Holding Tanks" is
deleted.
Article 7 "Operation of Multiple
Ownership Septic Systems" is
deleted.
8.02.030 Enforcement A2enc; -- Unlawful Interference With Same.
The City Council hereby designates the San Bernardino County
Department of Environmental Health Services (DEHS) as the
enforcement agency for the purpose of administering the Uniform
Environmental Health Code and all state laws pertaining to
environmental health. It shall be unlawful for any person or
entity to deny'-access to, interfere with, prevent, restrict,
obstruct, or hinder any DEHS employee or agent actino within the
scope of his duty or agency. Any person who offers any physical
resistance to any authorized representative of DEHS acting within
the scope of his duty or agency is guilty of a misdemeanor
punishable by imprisonment in the County jail for not less than
ten ( 10 ) days , without the alternative of a fine.
8 .02 . 040 Violations -- Penalty. Except as otherwise specified in
this Section or under the provisions of any state law, any person
or, entity who violates any provision of the Uniform Environmental
Health Code shall be guilty of an infraction and upon conviction
thereof shall be punished by a fine of not less than twenty-five
dollars ( $25.00 ) but not exceeding one-hundred dollars ( $100. 00)
for a first conviction, a fine not exceeding two-hundred dollars
( $20(7. 00) for any second conviction within the same year, and a
fine not exceeding five-hundred dollars ( $500 . 00) for any third
conviction within the same year. Any fourth or subsequent
conviction within the same year shall be a misdemeanor and shall
be punishable by a fine of not less than two-hundred fifty dollars
( $250. 00 ) nor more than one-thousand dollars ( $1,000.00) or by
imprisonment in the County jail for a term not exceeding six ( 6)
months, or both, and such convicted person or entity may in the
discretion of the court be adjudged, in addition to the above
penalties, to be liable to DEHS for all necessary costs incurred
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in investigation, discovery, analysis , inspection, clean-up and
other actual costs incurred by DEHS or its agents pertaining to
the violation. As used in this Section, the term "year" means any
consecutive twelve-month period.
Each day or portion thereof during which a violation of
the Uniform Environmental Health Code is committed or continued
shall be considered a separate and distinct offense. The owner,
manager, and operator of every activity or facility subject to the
provisions of the Uniform Environmental Health Code shall be
responsible for any violation by any employee of any of its
provisions . Payment of any penalty or serving any term of
imprisonment as herein provided shall not relieve any person or
entity from the responsibility of correcting the condition
constituting the violation.
In addition to criminal prosecution, civil action, and
every other remedy or penalty provided by law, a public nuisance
as defined in the Uniform Environmental Health Code may be abated
or enjoined in an action brought by DEHS, or under circumstances
immediately dangerous to public health or safety may be summarily
abated by DEHS enforcement officers as provided in the Uniform
Environmental Health Code or otherwise in the manner provided by
law for the summary abatement of public nuisances .
8. 02. 050 Construction. In the event of a conflict between any of
the provisions of the Uniform Environmental Health Code and any
other provision of the Redlands Municipal Code, the provisions of
the Uniform Environmental Health Code shall prevail. The
provisions of the Uniform Environmental Health Code, insofar as
they are substantially the same as provisions of existing laws and
ordinances of the City of Redlands shall be construed as
restatements, continuations, and amendments thereof, and not as
new enactments . "
SECTION 2 . Chapters 8 . 08 (Health Permits for Certain
Businesses) , 8. 24 (Food Industry Sanitary Regulations ) and 8. 44
(Underground Storage of Hazardous Substances) of the Redlands
Municipal Code are repealed.
sf
SECTION 3 . The following sections of Chapter 8. 28
(Public Eating Places ) of the Redlands Municipal Code are
repealed: Sections 8. 28. 010 , 8. 29. 020 , 8. 28. 030, 8. 28. 040 ,
8. 28. 050, 8. 28. 060 , 8. 28. 070 , 8. 28. 080 , 8. 28. 130, 8. 28. 140,
8 . 28. 150, 8. 28. 160 and 8. 28.170 .
SECTION 4 . Section 8 . 04. 260 of the Redlands Municipal
Code is repealed.
SECTION 5 . Chapter 8 . 68 is added to the Redlands
Municipal Code, to read as follows:
"Chapter 8 . 68-
RIDING ACADEMIES
•.Sections:
8. 68 . 010 Riding Academy Permit.
8.68. 020 Violation -- Penalty.
8.68. 010 Riding Academy Permit. It is unlawful for any person or
entity to operate or allow the ooeration of a riding academy
without an unrevoked operational permit issued by the Department
of Environmental Health Services of San Bernardino County pursuant
to the provisions of Title 3, Division 3 , Chapter 2 of the San
Bernardino County Code, also known as the "Uniform Environmental
Health Code. " As used in this Section, "riding academy" means any
place where horses are rented or held for rent to the public.
8. 68. 020 Violation A violation of this Chapter is
punishable as provided in Chapter 1, Section 33. 0112 of the
Uniform Environmental Health Code adopted by reference in Chapter
8. 02 of this Code. "
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SECTION 6 . If any section, subsection, sentence, clause
or phrase of this Ordinance is, for any reason, held to be invalid
or unconstitutional, such decision shall not affect the validity
of the remaining portions of this Ordinance. The Redlands City
Council hereby declares that it would have adopted this Ordinance,
and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases might be declared
invalid or unconstitutional.
SECTION 7. This Ordinance shall be in force and take
effect as provided by law.
SECTION 8 . The City Clerk shall certify to the adoption
of this Ordinance and shall cause it to be published once in the
Redlands Daily Facts, a newspaper of general circulation printed
and published in the City of Redlands.
Mayor of the City o? Redlands
ATTEST:
Deputy City Clerk <:�7
I, Beatrice Sanchez, Deputy City Clerk of the City of
Redlands, hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof
held on the 17th day of May, 1988, by the following vote:
AYES: Councilmembers Formser, DeMirjyn,. Cunningham;
Mayor Beswick
NOES: None
ABSENT: Councilmember Johnson
Deputy City Clerk ��
ORDINANCE *40. 3105 33.619 Administrative Due Process.
AN ORDINANCE OF THE COUNTY OF SAN BERNARDING" 310116 Remedies for Public Nuisances,
STATE Of CALIFORNIA,AMENDING THE COUNTY CODE 33.6111 Civet Remedies for Fraud or Unfair Business
BY DELETING PORTIONS OF DIVISIONS l THROUGH 6 practices.
OF TITLE 3. AND RESTATING VARIOUS REGULATORY 33.6112 Criminal Penalties.
PROVISIONS GF THE COUNTY DEPARTMENT OF 33.0113 Definitions Generally.
ENVIRONMENTAL HEALTH SERVICES, COVERING. 33.611 Intent and Enforcement Authority.
FOOD, DAIRIES, WATER,'TOXICS. WASTE. VECTORS,
HOUSING. RECREATION AND OTHER SUCH ENVIRON Pursuant to the California Health and Safety Code Section 200
MENTAL HEALTH:REGULATORY SUBJECTS. et serf.,Section 450 et seq..Section 476 et seq.„ Section 500 et std..
Section W et seq,."Section 1155.3 et seq.. Public Resources Code
T!` 7"and of Supervisors of the County of Sart B,errmardino,State Section 21050 et seq.(Environmental Quality Act of 19701,and other
of California, dots ordain as follows., relevant state authority. this jurisdiction has found that the public's
interest will be best served by all Environmental Health Services and
SECTION I.The Board of Supervisors of the County Of Sari related Consumer Protection Programs within the borders of Sari
Bernardino, State of California, ordains as follows. Bernardino County being enforced and administered through the
(a) Existing provisions of Title 3, Divisions 1-6 of the Saiz Department of Envie tat Health Services("DEHS—)of the County
Berruirdirto County Cods pertaining to Environmental Health programs
of San Bernardino.The Director and Enforcement Officers of DENS
when set out as part of the Department of Public Health's responsibilities are hereby authorized to enforce and administer all state lav,"pertaining
are:(l)Inconsistent with the Board's previous transfer of environmental Eo environmental health and all provisions of this Environmental Health
health and related programs to the Department of Enviro Health Code(£.H. Cade) within this jurisdiction_
Services(DENS)pursuant to Health and Safety Code J 1153.5 es seq.e
and, (2) contain antiquated language inappropriate to current 33.012 Scope of ArtkMty.
environmental health issues; This authority is granted io the Director and Enforcement Officers
(b) Environmental health problems frequently transcend political of DEHS.Pursuant to California Health and Safety Code Section 11 5&
boas and demand coordinated uniform enforcement efforts.With during declared states of emergency,the County Health Officer shall
a uniform delivery of services approach throughout the County and have supervision and control over all DENS programs and personnel.
in contract cities" DENS can best assure the public comprehensive, DENS shall enforce all California Health and Safety Code provisions
coordinated,quality and cost effective program of envie' cal health pertainng to Environmental Health,other relevant state law,and the
services;A uniform approach will allow the proper identification and provisions of this E.H.Cade,within available rescinded. DENS may
prioritization of concerns,objective weighing of special interests,and charge reasonable fees for their services,including fees as are prescribed
effective focusing of resources and expertise to solve multifaceted by the Sats ifeet County Corte Schedule of Fees.
problems while avoiding duplicate admtnistranve overhead.
(c) The pr uniform Environmental Health Cde is the 33,813 VaIldio and Severalallity.
result of several years of rettearch and study by DEHS in consultation This E.H.Code shall not be in conflict with State or Federal law;
with the Office of County Counsel and the incorporated cities within If any provision of this E.H.Code or the application thereof is held
the County of San Bernardino.Those cities which so desire may adopt invalid,suds invaMty shall not affectother provisions or applications
appropriate portions of the proposed uniform code,thus achieving the which an be given effect without the invalid provision Or appiication,
goal of a uniform delivery of environmental health serrvices on aCounty- and to this end the provisions of this E.H. Code are severable.
wide
(dl Adoption of the propo uniform Envi ental Health 33.014 Law Continued.
ued.
Code will better protect the genet 'public health,safety and welfare. The pr " of this E.H.Code,insofar as they are substantially
the same as provisions of existing laws,and ordinances relating to the
SECTION 2.The San Bernardino County{Code is hereby liftend0d same subject matter,shall be construed as restatements,continuations,
by repealing:Sections 31.623,31.025,31.626;31.027,31,028.31.029,- and amendments thervitif, and not as new enactments.
31 0210,31.0211,31.0212: 31.0213, 31,0214 of Chapter 2, Chapters
3, 4, 5, and 7 of Division 1, Title 3; Section 32.6511 of Chapter 5; 33.415 No ilitydNo Warranty.
Chapters B and I I of Division 2. 'title 3, Chapters 1, 2,4 and b of DEHS and its employees or agents shall not be held liable for any
Division 4; and Divisions 5, b,and 8, Title J. act or omission to act when in "good faith" reliance upon state law,
of the ordinances and codes of this jurisdiction.of this E.H. Carie,
SECTION 3.The San Bernardino County Code is hereby amended and upon current DEHS policies and procedures. DEHS and its
by restating the substance of those provisions repealed in foregoing emtployees or agents shall not be held liable for the negligence of,nor
Section 2, and existing Division 3,Title 3 to a new Division 3, Title as tphe guarantor of proper performance.by any person or entity holding
3 which shall be as follows: any license, permytit, certificate, registration; privilege, or other
entitlement from DENS.
DIVISION 3. ENVIRONMENTAL HEALTH
33,016 A►tttbority to Investigate, Detain andtor lssisr Citation—
Chapters: Subject to constitutional freedoms and laws respecting rights of
privacy,the Director,and such DEHS enforcement officers Elie director
I. 'Authority and Administration; designates,shall have authority to.at all reasonable times,enter any
2. Permits and Hearing Procedures. place,property,enclosure or structure to investigate for violations of
3; Public Nutinince Abartenitat. this E.H. Code, to detail for purposes of investigation or to issue a
in lace with relevant state lave and of this jurisdiction.
S. Dairiies and Protection, n
Dairy Products. �anyPerson committing a misdemeanor or infraction offense in their
6. Domestic Fater Sources and Syslems. presence. which is a violation of this E.H. Crede.
7; Hazardous Materials and Toxics Control.
g. Waste Management. 33.011 Interfere Unlawful)Criminal F'tnalties For.
9 lased, Rodent, and Other Vector Control. It shall be unlawful for any° person or entity to deny access.
10. Housing ante Institutions. interfere with, prevent,restrict,obstruct,or hinder DENS employees
11. Recreational Health. or agents acting within the scope of their duty or Agency, Offering
physical resistance or bodify'attack upon authorized representatives of
DENS acting within the WoPc of their ditty or agency is a mnderntanor.
+Cbspttr I punishable by imprisonment in the County)ail for not less than ten
AUTHORITY AND ADMINISTRATION (10)days,without the alternative of a fins.
Sections; 33.013 freedom of Information.
33.011 Intent and Enforcement Authority, In accordance with Government Code Section 6250 et set#
33 012 Scope of Authority, generally,all DENS routine inspection activities and files shall be readily
33 Oil Validity and Severabililr:, accessible to public inspection. DENS may charge reasonable fees io
33,014 Existing Law Continued- cover the Administrative costs of making such information 3%Viable
33;015 NO Liability/No Warranty In the absence of a specific court carder, DELIS shall not disclose io
3s:tii ti Authority to Investigate, tarn and/'or Issue the pubiic any information concerning complainants,epidemsolop;a's
Citation., studies,medical records.criminal investigations,private matters,trade
33:417 interference Unlawful/Criminal Penalties For, secrets,or any information which would reveal the idenim of arty person
33:415 Freedom of Information. who gave information to DENS in confidence,of othtnAise 4ialaie ani
l
person's right to privacy. Administrative procedures for information chapter 1
requests shall include in person identification of the requestor from PERMITS AND HEARING PROCEDURES
suruittie photo identification and completionof a request forth,showing
what information was requested and the requestor's '` and address, Sl ctleaa
a copy of which DENS shall make available to the permit holder or 33.020 Authority,
other affected parties. 33.1311 DENS Pun Review and Construction Permits
33.019 Ad ratioe 33Currentd.
.1321 Current Operational Permits Required.
Every DENS Administrative Hearing;and related activity shall 33-023 Administlauion of Permits. SMIW processing fees
property consider all constitutional due process,principles generally and Penalties.
proceed as provided in Chapter 1 and Chapter 3 of this E.H. Code. 33.024 Operating,With an Expired Permit Unlawful,
33.025 Grounds for Revocation of Permits and Penalties
33.0110 Resiadies for Public Kuhatices. for Continued t3peretion.
In addition to criminal prosecution,civil action,and every other 33.016 Administrative Procedures inhere Permus-
remedy or penalty provided blaw,public nuisance may be abated car Revoked,
enjoined art an action broug it by DENS, or under circumstances 33.027 Grounds for Summary Suspension of Permits and
immediately dangerous to a public health or safety may be summarily Penalties for Continued Operation.
abated.by DENS enforcement officers as provided herein or otherwise 33.018 Administrative Procedures Where Suspended
i
dny or portion thereof stach violation exists.The (b)penalty upon conviction The hearing officer shall be the Director of DEKS or the
thVMf"I be a Rate of at least twenty-five dollars(125.00)but shall Director's appointee for such purpose,;Any such appointee shall be a
not excited one city (5100.00)for the first violation,a fine person who has no knowledge of the facts of the particular case at the
nor exceeding two beadmd dollars( 00)for the second conviction outset of the rg. a person not immediately involved with
within one (1) . acid a fine not exceeding five hundred dollars enforcement activities pertaining to the particular activity or facility
(M.00)for the tbied conviction within one(l)year,in
fourth and concerned.
addstional con ' within one(1)year shall result ort rervocation Of (c) for revocation proceedings,the hearing shall be held within
the permit to operate as set forth in Section 33.025 herein. fifteen(1S)calendar days after receipt of a request for a hearing,for
post-suspension proceedings the hearing shall be held within five(5)
31AM Grenada lar ll"of Permits and Pettsities for calendar days after receipt of a request for a hearing. Upon written
Costive"Operation. regtotst of the permit holder, the hearing officer may postpone the
" « r mag revoke operational permits for repeated hearing date or it may be postponed or continued by stipulation of the
noncompliance with relevant law,or otherwise for just cause where the parties. if the party notified daft not respond or appear, no further
health or safety of the public may be endangered. Prior to such hearing procedure shall be required.
revocation. DENS siltalt.by an Administrative Order to Show Cause (d) witnesses shall swear or affirm to tell the truth.The oath
(OSC),notify the permit holder to show cause why such permit should or affIrmstiou 1 be taken by the hearing officer.The enforcing officer
not be revoked by DENS. The CSC shall state the allegations and shall present his/her case first. with Oral testimony,documentary, orevidence
`ng to its issuance and notify the permit holder of the right Other evidsoct. The responding party shall have the right to be
to a hearing;on the OSC if requestedwithin fifteen(IS)calendar days represented by counsel,and shall have the right of cross-examination,
after receipt of the OSC or else such right to a hearing shall be deemed The responding party may present a response after the enforcing,officer
waived. Unless the DENS yoperrational permit is also suspendtd.any has presented his/her caw.The enforcing officer shall have the right
activity or focality my continue to operate pending action on the OSC. of cross-examination. After berth sides have completed presenting
Continued operation of any activity or facility after revocation of evidence.the enforcing,officer may comment on the evidence and argue
runt DE14Sional permits u a misdemeanor and any person Thereafter, the responding party may do the e.
or entity so eon , shall be punished by a fine of not leas than two The hearing nerd not be conducted according to technical rules"
hundred fifty do (5250:00) nor more than one thousand dollars relating to evidence and witnesses. Any relevant evidence shall be
(31, ..40), or six(6)months in jail, or both. admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs,regardless of the
31426 AtIrulailsirative PtOcWutts Whom#s'ernaita Reevokeed. existence of any common taw or statutory rule which might make
All conditions upon which DENS based a revocation shall be improper the admission of the evidence over abjection in civil actions.
corrected in an approved martrer to an activity or facility being hearsay e++' ce may be lisle for the pu Of supplementing or
granted a to operate, )tele revocation of a DENS permit ex , in other evi .but shad not be suffi ' t in itself to support
has occurred,the applicant shall apply in the manner provided for new a aiding unites it would be 'bit ovate'objection in civil actions.
applicants, sW pray all appropriate fees, and shalt include a signed The of privilege shall be effective to the extent that they are
statement by theapplRant that all conditions complained of by DENS of ' required by statute to be recognized at the hearing and
have been completelyed. irrelevant and unduly repetitious evidence shall be exciuded.
33021 tGroullids for Sam=rY of of P And 33,0216 Violations.Remedies,and Penalties.
essattles for C.oatinued Operation. it sW be unlawful for any person or entity to violate any provision
DENS may assininatily suspend any DENS permit when DENS of this Chapter.in addition to those listed herein or elsewhere provided
ftsstds Or reasonably suspects contint�tl o of the facility
car itctivtty by law,all enforcement ural. .and ties of Chapter t
tray constitute an immediate public health hazard. Additionally,- (Authority and Adtrtinistntior)shall apply to this Chapter.
er DENS authorized represcritativestire denied access or entry<
to any para of the activity or facility under DENS jurisdiction or permit.
interfered with, prevented, restricted, obstructed, or otherwise: Chapter I
unreasonably hindered in the performance of their duties,DENS may PUBLIC NUISANCE ABATEMENT
-
summarily suspend the applicable DENS perodu to operate.Any person
continuing to operate any activity ar facility after suspension of any Sections.
DENS permit to operate,shall be guilty of an infraction offense for 33.031 Authority.
each day or portion thereof such violation exists. The penalty upon 33.032 Definitions.
conviction thereof shall be a fire of at least twenty-five dollars(525.00), 33.033 Resolution.
but not exceeding we hundred dollars(5100.00)for a first violation, 33,034 Deity to Abate.
a fine not exceeding two hundred dollars (5200.00) for the second 33.035 Criminal and Civil Penalties Applicable.
conviction within am(1)year,and a fine not exceeding fire hundred 33.036 (Reserved)
dollars S500.00)far the third conviction within one 0 year.The fourth 33.037 Emergency Abatement.
and additional conviction(s)within one(1)year shat result in DENS 33.038 Notice to Abate.
permit revocation procedures as provided in Section:33.025 herein: 33.039 Appeal Procedure.
33.0310 Abatement.
33.023 Administrative IsTocedism Where Suspended Ptrnsita. 33.4311 Payment for Abatement.
At the tame of suspeatsion,DENS shall issue a written notice to
the permit holder stedna the grounds for the suspension and notifying 33.031 Authority.
the 't holder of the right to a hearing on the sion.if reqPursuant to the authority cited in Chapter l (Authority and
wither fifteen(15)calendar days after the receipt of the notice or eine Administration)of this Environmental health Code(E.14.Code)and
such right to a hearing shall be deemed waiver!.DENS shall guarantee other relevant State law,this Board or Council authorizes the Director
a hearing,within fart(5)days of its receipt of a written request for a and Enforcement Officers of the Department of Environmental Health
hearing on the suspension.Any suspension shall retrain in effect until Services (BENS) of the County of Sart Bernardino to enforce the
such time as DENS determines the grounds for suspension as provided provisions of this Public Nuisance Abatement Chapter within his
in Section 33.427 herein no longer exist. ITEMS shall reinstate such jurisdiction. Such authority includes the right to enter land for
suspended it within a reasonable period unless it was also revoked. investigation,posting or serving notice,or to cause abatement as herein
provided-
33.029
rovi33. 29 Administrative Hearing Procedures. Commercial poultry ranches and either activities subject to specaflic:
Notwithstanding any other administrative procedure of this vector control provisions elsewhere in this E.H.Code,shall be exempt
jurisdiction,and unless otherwise specified by state law of within this from conflicting, provisions in this Chapter.
E.H,Code,the following administrative procedure shall be applied Cor'
nit DE14S hearings pertaining to the denial,suspension),revocation.or 33.032 Deflatalosts.
denial of missuan+ce of any license, permit, certificate, registration. Definitions stated in other chapters of this E.ti. Crede shall
privilege,or other entitlement through DENS.The following procedure supplement the following:
shall not be applicable to hearings before the Sari Bernardino County (a) "Public Nuisances- shall include:
+ard ^f Supervisors. (1) Breeding and harborage plaices for invertebrate and,
tat An appeal made under this Section shall be made in writing, vertebrate vectors under conditions of known public health significance
addressed to the Director of DENS within fifteen 1139 calendar days including those for mosquitoes,flies,and rodents,as more spe&icaiis
i rmc,pt ul ane AtUninistrative OSC'or notice of the denial,suspension, set forth at Chapter 9 (waste "+>alanagtment) and Chapter 9 ilstsect;
revocation,denial of rcnssuance,or denial of any claimed entitlement. Rodent and father Vector Control)herein.
T1ie appeal shall contain the address to which the Notice of Hearing
shall be sent in order for the appeal to be valid.
3
(2) Accumulations of junk,trash,waste.debris.garbage,- 33:1134 Doty to Abate.
rubbish and related materials,as set forth more specifically at Chapter No person or entity shall cause.permit. maintain,conduct„or
g(WasteManagement)herein and indu4mil,scrap,metatls,scrap lumber, otherwise allow a public nuisance as defined herein to exist within this
scrap plastic or polymer 'awls.scrap buildin that scrap pipe jurisdiction.It shall Ise the ditty of every owner, pant.and person
or plumbing fixtures, junked appliancesor urniturt. dismantled., incontrol of any laud or interest therein located within this jurisdiction
junked.or wrecked motor vehicles.istachinery.or equipment or parts to remove.abate,and prevent the recurrence of a public nuisance upon
t hereof,rags,bedding.tree And landscapit trimmings,rope.waste oil,- such land or interest thertmn Any recurrence of a condition may be
batteries.{caper,rubber,sod similar accumulations under conditions deemed to be a continuation of the original condition,
incompatible with their originally intended use or location as set forth
more specifically its"she planning anti zoning laws of this jurisdiction. 33.033 CrlaisloW and Civil Penalties Applicable.
r otherwise in Any mantser detrimelittall to the public health. violations of this Chapter are also subject to all enforcement,
(3) Haardou materials which are corrosive. toxic.. criminal, and civil penalty provisions of Chapter I tAuthonty and
ignitable.irritants,infectious.strong sensitizers,generate pressure by Administration)and Chapter"2(Permits and Bearing Proicedure%)of
decomposition or other awaits, or otherwise are present under this LK Code which are incorporated herein by reference And all other
circumstances cis that could endanger they public health and safety,as set remedies and penalties prodded by law, and are not limited or
forth moons specifically herein At Chapter 7(Hazardous Materials and superseded d by this Chapter.
Toxics Control).
(4) Incompatible materials unsuitable for commingling 33 (Reserved)
where circumstances suggest s likelihood of explosion, spontaneous
combustion. chemical ion, hue, ext hest, toxic substance 33:037 ttty Abatements.
formulation or other dangerous reaction seri as to endanger the public When a public nuisance constitute&an immediate haaard or threat
health And safety, as set forth more 'fatally herein at Chapter 7 of harm and the situation calls for t than the abatement
(Hazer Materials 'Corks Controo and by the fire of this uses 'n otallow,the director and enforcement officers
jurisdiction. of DE143 may take or cath emergency abatement of such nuisance
(s) Infect` And ted waste$ and odors therefrom with such notice to parties concerned,or without notice.as the particular
including from:hospitals and medical facilites,-sewers,cesspools,septic circumstances rcssonablyallraw.
tanks. lesch linen and fields (whas1w of individual or multiple
toilets, It tanks. ' ge pries, butcher offal, tel Atotl+ett to Abate.
droppings.txortment. ,laundry water. anurtr rnulaticins, After the governing C of this jurisdiction by
d ars otlalst ilea putrid
ss, r ution mir the exi of a public nu" .the director
rtgerttgthepublij:.4s,
safety,as set forth mores of ClEH or ted t;shalt issue a'� otiet tit Abate"by arty
herein at Chapter7(Ha rMat and foxita Control) of the following heads:
Chwer g('Waste hlatsa t), (a) Mailing it copy by first a or certified 'I addressed
(6) Open, unwed, or abandoned: buildings, structures. to the 6wair. person. ter entity with a mailing,address as shown on
foundations.basements,excavations.swimming l$,wells,posids. Available tax or assessment rolls of the County of Slats llemardino;and
pits,shafts.and similar unfenced,u or unsecured Situations by posting a y at the concerned y,
of immediate ger to the public health and safety. (b) Persissid service upon the owner or occupant of the
(y) Any device,shpts,decoration,design,or ferret,'which ow=rsod property.
is outside of it lour-wallad and roofed structure and determined to be The tom,*Notice to Abate"shall be substantially in the form
unlawful by reason of its condition ori riste use or location following.In the absence of exigent circumstances,the notice may not
as deftned in Title 8(Development Coble of the Saar Bernardino County require abattement in leas than tett(10)days.
Code or by the development t of this jurisdiction.
(3) Any Animad, fowl, or bird, wild or domestic. other NOTICE TO ABATE
t or birds of the psnacusse family.within seventy
(7 )feat of any school,church,hospital,public place or business,or Issued this:
any residence car dwelling house or other building used for human Mdwth_ Day row
habitation,other than the personal dwelling of the person owning or
controlling such animal,for►i.or bird.The subsecifitan shall not Apply By virtue of proceedings undet authority of San Bernardino County
to accredited laboratories regulated by the State Department of Health mode Section 33.031 et seq,,
Services.
(9) Any privy or,outhouse.,on premises where domestic YOU ARE,HEREBY NOTIFIED TO ABATE from your property
water under pressure is Available; without suitable shelter to afford described as
privacy;aridprotection f the elements,without ori automatically .AatArs r°.r SkMbrriAPS
self-closing ri�oor adequate to exclude flits from the pit;in disrepair;
with vaults filled with exp not regularly and thoroughly disinfecterd
within forty(40)feet of my dwelling,residence, 1,church,hospital Siexebw°and siftw Myst offfet
or public place of business,except with the permission of the occupants
or operators of such dwelling.residence,school,church,hospital,or from the County of San Bernardino Assessor's/Tax Records which list
public place of business, the owner as.
(10) Any toilet,washroom,or bath or shower room for the
use of cmplisym.patrons.ot the public wherat the flows.walls,cesiings. of
lavatories.urinals,toilet bowl,bath or showers have Accumulations of
dirt,filth or corrosion;lavatories,Are supplied with soatp,individual
towels and a rec,epsiacic for their dispirsal;toilet-foot"are not provided
with tort paper. eMddrtu Pion Ofrw' suer Zap
(11) Castor beart (Ricinus communist plants located in
unsecured situations.that pow in immediate danger to the public and than following public nuisances:
.safety..,.
(12) Any situation or activity which tenets;is conducted,
maintained, or permitted, known at common-law, in equity
jurisprudence.specified at California Civil Code Section 3474 et segs
Penal Code Section 370,or elsewhere defined in state law or by the
laws of this jurisdi
Failure to abate or to appeal within the times allotted may also make and use of this public ownership,not sub*t to sale for delinquent
you subject to criminal and civil remedies. Your cooperation is taxes.
appusaltd. (d) Procedure for Refund of Payment. No order for a refund
under the foregoing section shall be made except on a claim;
(1) Verified by the person who paid the special assessment,
samor and'rifir of Is ams offlw thtir guardian, executor, or administrator,
(2) Filed within three(3)years after making the payment
Department of Environmental Health Services sought to be refunded.
County of San Bernardino The provisions of this Section do not apply to cancellations.
395 North Arrowhead Avenue Chapter 4
San Bernardino, CA 92415 FOOD PROTECTION
Appetd Pmorditre. Sections:
Any Person or entity served, constructively or personally, with 33.041 Authority.
the notice set forth in Section 33.039 may appeal in writing to the 33.042 Definitions.
Director of DENS within ten(10)days of said service. The Director 33.043 Plan Review and Construction Permits Required,
shaft cause the matter to be set for hearing before a Board of Appeals 33.044 Current Operational Permit Required.
and notify the appellant of the date w for such hearing at least fifteen 33.045 Enforcement Activitim
(15)days prior to such date or, if the appellant resides outside the 33,046 General Health, Safety, and Sanitation
Cooney,at
least twenty-rive(25)days prior to such date. The Board Requirements.
33.041 Specific Requirements.
of A shall act on the appeal and its determination shall be
conclusive.The Board Of Appeals shall be appointed by the Director 33,00 Toilet and Lavatory Requirements Lt here Food
and consist of three(3)persons as follows: A DENS Officer but not Consumed on Premises.
Elve notice issuing officer not anyone having knowledge of the particular 33.049 Nonpermanent food Facilities,
case� a public member, a deputy of the County Counsel of San 33.0410 Food Worker or Manager Training. Certificates
Bernardino County or legal representative of the governing Required.
Board/Council of this jurisdiction. Except as provided herein, the 33.0411 Victlatioms. Remedies, and Penalties.
=ion,of Stetion 13.029(Administrative Hearing Procedures)of
er.of this E.H.Code are incorporated hereby reference. 33.041 Authority.
Pursuant to the authority cited in Chapter I (Authority and
.UA310 AbatAdministration) of this Environmental Health Code (E.H. Code),eraral.
M at the end of the tinit Allowed for oompliaritce in the original Health and Safety Code Section 3700 et seq.(Common Cup),Section
twitice or as extended in cam of appeal, compliance has not been 39M et W.(Common Towel).Section 4000 et.s ;(ice),Section 4040
accarnplished, DENS may cause the abatement by public employees, in seq.(Bottled Water),Section 5474.20 tt seq.h=ood
ood Crop Growing
or by private contractor selected and approved by the governing Board and Harvesting Sanitation), Section 231185 et stq. (Glazed Ceramic
or Council of this jurisdiction in the manner under the terms provided Tableware),Section IMM et seq.(Shtnim Food,Drug and Cosmetic),
b,y this chapter.and it such abatement is so carried out,such property Section 275M et seq. (Uniform Ret"Food Facilities),Section 29110
sling be subject to a special assessirsent lien for the costs of the abatement. et seq.(Cold Storage Foods),Section 23.180,et=q.(Food Sanim-ion),
Section 28360 a seq.(Caniterift).Section 29700 et seq.(Frozen Foods),
33A311 Payment for Absternetail. Administrative Code, Title 17, Pima] Code Section 383 (Sale of
(a) Procedure for Payment!When said abatement has been Adulterated Products),and other spFlicable state law,this jurisdiction
completed,the Director of DENS shall rendtr to the San Bernardino authorizes,that all food protection laws of the state and of this E.H.
County Auditor-Controller to itemized statement ccivering work Code be enforced within this jurisdiction by the director and enforcement
necessary
for the abatement.The Auditor-Controller shall pay the saute officers of the Department of Environmental Health Services(DENS)
from the funds of the agency or department causing said work to be of the County of San Bernardino.All provisions of Chapters 1,Z,and
dart,and the Director"I present to the owner a demand for payment 3 of this E.H.Code sW apply to this Chapter except as provided herein.
by mail.If payment is not made on behalf of the owner within sixty
(60 days after mailing such bill,the Director shall certify to the Auditor- 33.042 Deflaftlosis.
Controller the remaining unpaid cost,together with the information Definitions herein shall supplement all definitions in State law
required by law in such casts.The Auditor-Controller"I cause the pertaining to food protection,and of Chapters I and 3 Of this E.H,
waount of the same to be entered upon the property from which Code.
Abatement was accomplished,and the said special assessment and tax (a) "Charitable Organization" shall be any church, church
shall be included upon the next succeeding tax statement,Thereafter, society,private club,or any other nonprofit association of principally
the amounts of the assessment shall be collected at the same time and a religious, philanthropic, civic improvement, social, political. or
in the same manner as County taxes are collected.and are subject to educational nature.
the same penalties and the same procedure and sale in cam of (b) -Convenience Start'' shallbe any retail food facility or
delinquency as provided for ordinary County iaxes.except that if any portion thereof where activities primarily relate to self-service
red property to which such lien would attach has been tansferred or prepackaged foods And limited nonpotentially hazardous food
conveyed to a bona ride purchaser for value,or if a lien of a bona fide preparation by employees,such as popcorn, beverages, ice products.
eacumbaniccr for value has been created and attaches thereon, prior condiments and limited potentially hazardous food preparation by
to the date on which the rest installment of such taxes would become employets,,suc%as hot dog warming.
delinquent. then the lien which would otherwist be imposed by this to 'Food Establishment and Food Facility" as used in this
section shall not attach to such real property and the costs of abatement, Chapter shall include retail And wholirsalt operationc
as confirmed. relating to such property shall be transferred to the (d) "Food Handling Place" shall be any retail of wholesale
unsecured toll for collection. facil" or portion thereof where Activities primarily relate to food being
(b) Appeals. Any appeal froth these charges must be filed held or or made available to the public in a packaged form or state
within sixty(60)days from the dart of billing or receipt of a tax bill requiring further processing off of the facility's premim. It shall include
winch shows abatement charges. The appeal procedure shall be warehouses,grocery stores;velittable markets;produce stands.seasonal
essentially produce stanas,certired farmers'markets;supermarketv.meat markets;
decision shall be conclusive. seafood markets;health food stores-,beer,wine,or alcoholic beverage
(c) Cancellation of Claim. All or any portion of any such distributors: and similar operations At a fixed location,
special Assessment,peruilly,or costs heretofore entered,shall on order (t) "Food-Hawker Vehicle," "Food Catering Vehicle," or
of the Board of Appeals be cancelled by the Auditor-Covilrolltr it "Food Vehicle"shall be as"vthiclt"is defined at California Health
uncollectod,or,except in the cast provided for in subdivision M'hcreof, and Safety Code Seaton 27540.
reloaded by the County Treasurer if collected,if it or they were entered, If) "Food Processor"shall be any wholesale facility or portion
charged,or paid. thereof whert activities primarily relate to large-scale food pritparatton
(1) More than once: for consumption off of the facility's premises,It shall include bakeries,
(2) Through clerical error; ice plants, cannetticss, bottlers, frozen food plants, salvagers,
(3) Through the error or mistake of the Board of Appeals, manufacturing plants,processing plants,commissaries,school kitchens,
the Directot,or the person designated by them to give notice to abate and similar operations at a fixed location.
nWtding any mattriAl fact relevant to the determination of a claim, (p "Food Service Manager— shall he the owner, Operator, IT
14) Illegally; licensee managing the food service operations and employees at an.
(5) On property acquired after the lien date by the Start facibiy subject to this Chapter Where food preparation or proceistrg
or by any county, city, school district, or other political subdivision occurs.
(h) -Food Worker"shall be any person engaged or employedlc) Daily Cleaning Required. All food contact surfaces in
in any activity or facility subject to this Chapter sot that some portion: every food facility or activity subject to DE14S jurisdiction shall be
of their person,clothing,or body discharge could come in contact with thoroughly cleaned at least daily of all accumulated dust;dirt.grease;
exposed food or failed contact surfaces. It shall not include workers food residues, and every other filth.
exempted by the Agriculture Code.nor workers in charitable and similar tell Other Specific Requirements.Where a state standard is not
nonprofit associations where activities are exempted from DENS permit prescribed for any facility or activity subject to BENS jurisdiction,the:
fees. standards of this Chapter shall be complied with.
(i) "Icc/Sjush Products Machine" shall be any machine
manufacturing a nondairy ice/slush product upon the principle of 33.04 Toilliet and Ltivslawl Requinimms,Where Food
scraper blades sweeping a freezing surface or block of ice. Consumed oa Pirtivises.
(j) "Itinerant" shall Include"mobile food preparation unit' Every permanent facility or place where food. beer, or any
as defined at California Health and Safety Code Section 27326 And alcoholic beverage is sold for consumption on the premises shall have
..temporary footed facility"as defatted at Health and Safety Cock Section within the enclosure walls of the facility or place,not less than one(I 1
27538. toilet and one(1)adjacent lavatory, for each sex,readily accessible to
(k) potentially Hazardous Foods"shall be all foods not all patrons and employees of the facility or place.Every lavatory shall
defined as -potentially hazardous foods" in California Health and: be supplied with hot and cold running water under pressure, and
Safety Code Section 27321. soap/detergent and individual towels or hot air,in approved dispensers.
(1) "Public Eating Place" shall be any retail food facility Where beer or alcoholic beverage is served for consumption on the
or portion thereof where Activities primarily relate to the preparation premises,at least one(1)urinal shall be provided in each men's toilet-
of food for consumption on the facility's premises or for carry-out per room. All toilet and lavatory facilities shall be kept in good repair.
customer order.It shall include restaurants,cafeterias,safes.bakeries.
taverns,bars,lounges.ice cream parlors,sodit fountains,walk-in and 33.00 Nowpeirmaxwet Food Facilities.
drive-in movie theater snack bars,public or,private school cafeterias. (a) Permits Required. Except as exempted herein, it shall be
delicatessens. sandwich sharps, snackbars. nonexempt food service unlawful for any person to proclaim,hawk,peddle,cater,prepare.or
operations, and similar food service operations at a fixed location. serve food to the public from any vehicle,motorized or nonrnotorized
lits) "Seasonal" shall mean an operation totaling not more conveyance, mobile food preparation unit, temporary, itinerant,
than six(b) months per year. portable food service unit,vending machine,or otherwise prepare or
hold food for the public without first applying for, receiving and
33.043 Plan Review and Construction Permits Rt ituired. retaining an unexpired.unstaspiended and unrevoked permit from DENS
No construction activity shall occur for any facility or activity for tach,and paying fees to BENS in those amounts specified in the
subject to DEHS jurisdiction without plan review and construction San Bernardino County Code Schedule of Peso.as set forth in Chapter 2
permits first'being obtained from BENS as;provided for in Chapter of this E.H. Code.
of this E.H.Code. (b) Posting of Permits. Every permit sticker or document
issued pursuant to subparagraph(a)shall be immediately affixed by
33.0" Curt Operational Pe: it Requiltried. the permit holder prominently on the vehicle,conveyance, food unit,:
(a) Ck%crally. Except as exempted herein, no person or or vending machine in the manner specified by DEN&
entity shall own, operate orp it an retail or wholesale.activity (c) Temporary Event Requirements, For temporary
pertaining to the handling or oloins offoodfor the public,without special events. no permit shall be issued by DENS unless previously
first applying for,receiving and retaining an unexpired.unsuspended, or concurrently every requirement of Title 4.Chapter 13 of the'San
unrevoked from DEHS for each faxed facility or activity,and Bernardino County Carte.or the req is of this jurisdiction for
paying fres to DEHS in those amoni is specified in the San Bernardino such events, have complied with.
County Code Schedule of Fees,in 1ccordanct with Chapter Z of this (d) Documentation of Authority to Occupy Private Land.
E.H. Cod Every application for a DENS perrtiit`pursuant to this section shall be
(b) Charitable' Organizations Exempt from Fees. At member- with.(1)a Ituer of Authorization from the legal owner
only evernts,events not generally open to the public.and at occasional or occupant upon which the vehicle.conveyance,or footle unit is to be
public furscl-raisift events.charitable organizations similatr nonprofit located,(3)a Inter of authorization for the use of and documentation
associations shall be exempt from BENS fees,but shall notify DENS. of the availability of DEHS approved toilet and handwashing facilities
follow accepted food handling techniques,and operate from locations within two hundred(20D)feet of and available for use whenever the
with facilities adequate that such techniques may be reasonably followed, vehicle,corn ance,or food unit is in operation,or otherwise provide'
(c) Private Activities Exempt-Cooperative private food handling such toilet 407 handwashing facilities within reasonable proximity as
activities and noncommercial food activities in private homes are exempt determined by DENS.
from this chapter. (e) Sanitation Prerequisites to Permit Issuance,Every applicant-
(d) Limited Commercial Exemption. This Chapter shall not for apermit pu t to this'Section shall comply with eve applicable
apply where nonpotentialiy hazardous foots. properly packaged state law before receiving a Moist to operate.
or protected, properly labeled. and with no evidence of adulteration (f) itinerants(Mobiles and Temporaries)Generally Prohibited,
or exposure to Adulteration, is vended to the public in machines, or Except at facilities approved by DEHS and only at temporary special
made available in public displays of ten (10)square^fret or less; events, fairs. community celebrations, outdoor festivals, rodeos_
circuses,carnivals..official off-road rActs and other similar official events
31lritf tmemt Activities,. of short duration under special permit of this jurisdiction, food
Enforcement activities shall generally proceed as set forth in processing or preparation is prohibited in any vehicle,conveyance,or
Chapters 1,2,And 3 of this E.H,Code,and relevant state law pertaining other mobile, itinerant, temporary,or portable food unit..
to public rood protection.
33.t 410 food W or Manager Training Cenificates
33.046 General Htiailtli. Safety,and Stiiaitrtiam Requi ts,
Every activity or facility subjsrct to DENS jurisdiction shall be sot (a) Intent. ' its section is intended to set fortis a uniform
designed, constructed, repaired, replaced, conducted. operated, minimum standard of training and certification for all food workers
controlled, inspected, supervised. tested, and otherwise properly and food service managers within this jurisdiction regarding food
managed so that every reasonable step is taken to eliminate, reduce, protection laws of the State and of this E.H,Cade.
or minimize the likelihood of injury,disease,or other harm where food (b) Applicability. Except as provided herein, no person shall
activities relate to the public.Those requirements,specifications,and/or work or allow the employment of any person as a food worker within
standards provided by state law for public food protection Are hereby this jurisdiction t when such food,worker possesses an unexpired,
spade applicable to every facility or Activity subject to DENS jurisdiction. unsusprrrided, unrevoktd rood worker or food service manager
ctrtifacatt,or as a faxed service manager within this jurisdiction except
33.047 Specific Requiremtents. with a food service manager certificate from DENS. Food workers are
(a) Current Standards Apply. Every food facility or activity exempt from this requirement for fourietn(la)calendar days foilci%ing
subject to DENS jurisdivirs herein established,or upon change in scope the slate of employment if working under the supervision of a person
of oration, construction, reconstruction; conversion, remodeling, holding an unexpired, unsuspended,,unrevoked food service manager
additions or replacement of equipment or fixtures or other substantial certificate from BENS.
change,shall comply with all current approved standards, to) Reciprocity. food worker or manager certificates or cards
(b) Protection of Food from .Adulteration or Contamination• and similar documents issued by other governmental agencies may or
Every food facility or activity subject to RENS jurisdiction shall be recognized by DENS up to their stated expiration date, or up to two
so conducted that every reasonable step is taken to protect food from (2)years from the date of issue where no expiration date .s siatcd.
every circumstance whereby it may become adulterated,contaminated, (d) Food Worker Certificate Eligibility A person shall be
or exposed to adulteration or contamination, eligible fora Food Worktr-Certificate after paying a fee to DEHS to
that amount specified in the San Bernardino County Code Scheduic
6
of Fees and sipecessfully passing it DENS-approved training course and 33.0411 Violations. Remedies, and Penalties.
proficiency examinarion. Every training course shall include at least: It shall be unlawful for any person or entity to violate arty pros inion
two( )mistriabutinal hours in.microorganisms,sources of foodborne of this Chapter. Except as provided herein,all remedies i penalttes of
distaw.means,whereby food is contaminated by microorganisms or Chapters 1, 2, and 3 of this E.H. Code shall apply to this Chapter.
toxic substutnoes, methods of protecting food to prevent foodborme and are in addition to all others provided by Caw.
illnesses.;,timicand temperature criteria preventing foodborne illnesses;
food worker personal hygient. disease transmission by utensils or
equipment.and tubi-use utensil washing and sanitizing procedures; Chapter 5
Every training courseshall be conducted with qualified instructors and DAIRIES AND DAIRY PR@tlVC`TS
in facifides approved by DEH&
(e) F Manager Certiri atte Eligibility. A person Sections.
shall be tlifibie for a F Service Manager Ctrnficaie after pa}+ing 33.451 Authority.
:,: DE.ISia that amount specified in Sant Bernardit County code33.111:2 Standards and Requirements for'milk, Cream,
Schedule of Fees:and successfully passing a DEHS-approved training and 1+.11ilk Products.
courselprorkiency examination.Every training course shall include at 31413 Definitions.
low sixaten(16)irstructiortal hours in all subjects listed in subparagraph- 33,454 Application for Permits;
(d)and additional instruction in. housekeeping and waste disposal 33.455 Fees.
practices,factif purchasing,transportation.receiving,and storage.food 33.456 Expiration and Renewal of Permits.
preparation and use,sanitation of kitchens and dining service,health 33.457 Revocation of Permit and Appeal Procedures,
regulaat' toad safety"management. 33.058 Reinstatement of Revoked Permit.
(f) A' a Food Service Manager Certificate Eligibility. 33=459 Standards for Establishing Cattle or Carat Dairies:
A person iihad be eligible for a Food Service Manager Certificate after 33.4314 Pasteurization Requirements,
paying a fee to DENS in that amount specified in the San Bernardino 33.4511 Violations, Remedies, and Penalties.
County Co& Schedule of Fees and passing a DENS proficiency
examinazion,when such person possesses one or more of the following
combinations of academic preparation and work experience: (1)a 33,051 Authority.
baccalaureate degree with at least a minor in food service operations, Pursuant to the authority cited in Chapter I this Environmental
environmental sanitation, biological'sciences„ hospitality services, or Code(E.H.Code),the Suite Food and Agricultural Code Section 32.5011
related suborn,and at least one(t)year of relevant work experience, et seq.,Section 33.141 et wq. Section 33.171 et seq.,Administrative
(2)an Associate-in-Arts/Science degree of thirty(34)semester units of Cade'Title 3,and other applicable State taw,the Department of Food
courstvwk in those subjects listed in subparagraphs(d)and(e)and and Agriculture of the State of California has designated, and this
At leapt two (2) years of relevant work experience; (3)academic jurisdiction herebyauthorizes,that the Department of Environmental
preparation aquivalent to a Registered Sanitarian,and two(2)years Health Services(DENS)of the County of San Bernardino is the State
relevant work experience. Approved bilk Inspection Service(AMTS)los enforce all applicable State
(g) Expiration of Certificates. Every=Food Worker and Food law And provisions of thin E-H:Code pertaining to dairy farm sanitation,
Service Manager Cardrsoxte shall expire two(2)years from the date milk products plant sanitation.rattil outlet sam tuon.and dairy product
of issuance.Certificates shall nett show an issuance date greater than standards within this jurisdiction. Enforcement officers shall be
one(1)month beyond the date of the holder passing a DENS-approved designated as to forth at Food and Agriculture'Code Section 33.111
profickricy examination. et seq.Except as provided herein,the provisions of Chapters 1.2,and
(h) Certirtdatte Requirements After Issuance,Food Worker and 3 of this E.H. Code shall apply to this Chapter.
Food Service Matiager Certificates are nontransferable. Every food
worker or mainalger on duty in any vitt'or facility subject to DENS 33.0$2 Sts anal tits for Milk.Crenae. and Milk
jurisdictionand t tote required certificate upon request Products.
to DENS enforcement officers,Every owner or operator of every facility It shall be unlawful for any person or entity to sell,offer for sale,
engaging food workers)and/or manager(s)shall maintain upon the distribute,or possess for sale dor distribution,any milk,cream.or milk
premises of such food facility a copy of an unexpired food worker product for human consumption unless it conforms to the standards
certificate or food service manager certificate for all currently employed and requirements provided by Division 15,of Food and Agriculture
rood worker(s)and ger(s)thereat,and present such copies upon Code and Administrative Code, Title 1
request to DENS enforcement officers.
(i) Certificate Suspension and Due Process Generally. After 33.053 Definitions,
consulting untie the Health Officer. DENS enforcement officers may In addition to those definitions provided in Chapters I and 3 of
summarily s any F Worker Certificate and Food Service this E.H. Code, the following shall apply to this Chapter;
Manager Cern acatn;upon reasonable cause to suspect that the holder (a) "Approved Milk Inspection Service (,a MIS)" is the
of such certificate may pose an immediate risk of infectious disuse inspection unit and laboratory under the direction of the Health Officer
transmission to the public or co-workers. Whenever a certificate is or the Director of DENS established for the purpose of inspecting dairy,
summarily suspended.the enforcement officer shall issue to the holder farms, milk products plants,and retail outiets which are producing:
thereof a written notice setting forth the grounds for such suspension processing,, handling and/or distributing market milk and related
and informing tete holder to their right to a hearing thereon within fifteen products within this jurisdiction and so designated and assigned by the
(15)calendar days or else such right shall be deemed waived,generally, Director of the Cali forma Department of Food and Agricuitut and in
the administrative procedures set frisch in Section 33.428 of this E.H. accordance with the Food and Agriculture Code and Admintstra(ire
Code shall apply except as follows; Code, Title 3.
(1) Any person whose certificate has been summarily (b) -Dairy Farm" is any place or premises upon which milk
suspended shall immediately surrender their certificate to a DENS or milk products are produced for sale or distribution and where more
enforcement officer upon demand and immediately cease rood worker than two(2)caws or six 16)goats are in lactation.
activities; (o) "'Distributor of Market Milk"is any:person,broker,agent,
(2) Such suspension and cessation shall continue until association;or entity that purchases or handles fluid milk or fluid cream
the Health Officer certifies to DENS that the risk of infectious disease for processing,manufacture,or safe.Distributor of market milk does
transmission from such food worker has ceased, At such time:DENS not include:.
shall return the suspended certificate to the holder within a reasonable (1) Any producer that delivers fluid milk or fluid cream
period: only to a distributor or distributor plant.
(j) Right of Appeal Procedures. upon initial suspension of f2) Any retail store that is riot ;actively and dirtctl}
their DENS certificate,any food worker or food service manager may engaged in processing and packaging Fluid milkor fluid cream:
appeal such suspension to the Director of DENS and request a hearing (3) Any establishment where fluid milk or fluid cream
thereon if such appeal or request rot hearing,is in writing and f€led with is sold only for consumption on the premises,that is not actively and
the Director tri€hili fifteen 115)calendar days of such suspension; if directly engaged in processing and packaging fluid milk or fluid cream;
not Clad within such period.the fight to appeal is deemed waived;.Such (d) -Milk Distributor"is any person.or entity that transports.
itprical/tequess for hearing shall bt accompanied with documentation within this jurisdiction,packaged milk,cream' or milk products for resaie
approved by the Health Officer, showing no infectious disease either to retail outlets or milk Peddlers. This applies to distributors
transmission risk exists. Thereafter, at reasonable periodic intervals, regardless of location of milk storage facilities-
aa food worker or food service manager whose certificate has been (e) `"Milk Peddler— is any person, or entity, transporting
"1vprndtd may petition for review of their current health status and milk, cream or milk products for sale along a r utr making periodic
for the end to such certificate suspension. Such petition shall be stops of short duration for the purpose o('disperising mail:,or milk
accompanied with documentation approved by the Health Officer,to products to buyers,
supptxt the petition_Upon a proper showing, DEHS shall act upon (f) ""Milk Stare or Retail Dairy" is arts establishment *rrere
the pinion in the manner set firth for administrative hearings in the sales of milk.cream and milk products titcrrd fifty percent(5007o)
Chapser 2 tPtrimi:s and Hearing Procedures) of this E.H. Code. of the total.sales.
'7
(g) '-Milk Products Plants"" is any place, premises, of 33.0" Standards for Essablishitill Cattle or Gott Dairies.
evtablishosem where milk,cream or milk products are collected,handled. Cattle or goat dairies established after November 1964 shall
processed,stored, pasteurized, laottitd,or prepared for distribution. conform to the following requirements.
(a) Submission of Flans. Before the commencement of any
33.054 ,Appli+cat tear Permits. construction,four(4)sets of detailed plaits for the proposed dairy shall
(a) Required. It shall be unlawful for any person or entity to be submitted for review and prior written approval shall be obtained
engage in the business of producing,processing,selling or distributing from AMTS.
market milk or cream or any milk product subject to AMIS jurisdiction (b) Required Corral Space per Animal. Corrals shall have a
within this jurisdiction without possessing art unexpired,unsuspended. minimum arta of five hundred (5W)square feet per cow and one
unrevoked permit to do so, issued by the A?MIS of San Bernardino hundred sixty-six (166)square fret per great.
County as provided for in Division 13 of the Fortin and Agriculture Code:- (c) Maximum Number of Animals per Acre. The number of
Code. animas on each parcel of land shall teat exceed twenty 120)cows or
(b) Procedure. Applicants rot a permit or a renewal of a sixty(W)goats per gross we.Sod,drainage,or other conditions pecvtliar
permit under this Chapter shall rile with the AMTS an application in to the site may cause a reduction in allowable density as determined
writing on the farm furnished by AMTS.Such facts or information as by the AMTS.
may be required by AMTS shalt be provided. (d) Minimum Acreage Required for Waste Disposal at Cattle
(c) Nontransferable. Permits are not transferable, including Dairies.A minimum of five(5)gross acres shall be provided for%asae
as to ownership or location. disposal and open uses,such as field crops and pasture, for each two
hundred(2170)cows or a fractional number thereof.For each additional
33.053 Fees. forty(40)cows,one(1)gross Aare shall be provided for waste disposal.
(a) Permit Fats,Every person or entity engaged in the business
of producing,processing,selling„or distributing market mtik,market 33.0510 Pea lion Requireftwats.
cream.or any milk product subject to AMTS jurisdiction. shad pay It shall be unlawful for any person,or entity to sell.offer for sale.
DE:HS/A MIS annual permit fees as specified in the Sant Bernardino distribute,or process for salt or distribution.any milk or cream unless
County Code Schedule of Fees. such milk or creaser has been pasteurized in accordance with the
(b) "inspection Fees. Dairy farm inspection rets, As set forth provisions set forth in Division 0 of the State Food and Agricultural
in the Schedule of Fees,shall be paid by each producer of market milk Code, and those or the Administativit Coale.
or mute cram produced on dairy firms pleated within this ion [Nothing contained herein shall prevent the ask or delivery of raw
or by any distributor of market milk or market critarn,as Zing herein. milk or raw cream to pasteurization plants for pasteurization or the
when designated by the producer or their agent,and the fee set forth sale or delivery of milk mettin the standards of certified raw milk of
for a milk products plant shall be paid by the distributor or operator the American Association of lNedical Milk Commissioners.
that maintains a milk products plant. Said fees shall be paid, on a
quarterly!Iasis, to 17EHS/AMTS. 33.01111 Violations. Remedies.And Penalties.
(c) Special Laboratory Examination Fen. Fees for spacial It shall be unlawful for any person or entity to violate any provision
laboratory examinations requested by the milk and dairy industry in of this Chapter.Except as provided herein.all enforcement procedures,
excess of those required by the Fogad and Agriculture Code and the remedies,or ties provided in Chapters 1,2 3 of this E_H.Code
Administrative Code shall be charged directly to tett milk producer shall apply to this Chapter,and are in addition to all tethers provided
and/or milk products plant operator as set forth in the Schedule of Fees.. by law.
(d) Proration of Fees. Any of the fen pertaining to this 4
Chapter may be prorated ons quarterly basis for the remainder of the Chapter WA ROES AND SYSTEMS
billing year,when applied to a newly'established business or a change DOMESTIC
of ownership. Article L. as
(c) Late Renewal Special Processing Fee. All renewal fees
are due and shrill be paid to DENS/AMTS within thirty(30)days,after Seat
the expiration date of the current it,or A twenty-five t(25%) .
late renewal"special processing fee shall be charged. 33.1761 Authority.
elf) New Operation or Change of Ownership Special Processing 33.062 Definitions.
Fee, An application shall be properly filed with and approver!.. by 33.063 Ptrmits, Licensing,: Registration, Privileges„ and
DEMS/AMTS and all fees paid for any activity subject to this Chapter Entitlements.
prior to a new or converted facility being operated, or operation by 33.064 Enforcement Activities.
a;new owner,or a twenty-five percent 0%)special processing fee shall 33.40 Reports.
be charged. 33,066 Violations, Remedies.and Penalties,
(g) Fee Adjustments. This jurisdiction may, when revising fee 33.1767 Administrative Variance,
schedules:, adjust those fees pertaining to this Chapter to provide 33,068 Hearing Procedures..
reimbursement for services not to exceed the actual cost of providing 33,069 (Reserved)
the AMTS.
33.056 Expiration and Renewal of Permits. Article 2, Public Water Supply Systems
Permits shall be renewed annually provided that the permit holder Stctioass
has,Burin the period of the expiring permit,-operated in conformity
with h this Chapter and other applicable rules and regulations of the 33.136113 Statement of Purpose.
AMltS, 33.0611 Authority;
33,0612 Standards.
33,057 Revocation of Permit and Appeal Prisctdunts, 33.17413 Permits.
The Director of 13EHS, or authorized deputy, upon notice and 33,0614 Modifications.
hearing,and upon the findings)that State law or a requirement of this 33.17615 Monitoring.
Chapter has been violated,may revoke such permit,If it is determined- 33.0616 'Water totality.
by the Director or authorized deputy following an inspection or 33.0617 hater Quantity,Source, and Storage
investigation that a violation of this Chapter exists,A written notice Requirements.
to correct such violation or violations within a specified time limit shall 33.06111 Required Separation Between Water Mains and
be issued to the owner or operator of the dairy operation of milkSanitary Sewers.
products plant.if upon reins ion After The time specified.the violation 33,0619 Backnow and Cross-Connection Control.
still exists, a second written notice shall be issued to the owner or 33,0620 Treatment.
operator 33.0621 Correction of Sanitary defects and Health'
if substqutnt investigation again reveals the lack ref compliatict, Hazards.
the owner of operator shall be given A written notice tea al#aapeat before 33.0622 Surface Water Sources.
a hearing officer of this jurisdiction(0 show cause why the OHS permit 33,0623 Hauled Water,
to operate should not be revoked.After she AMTS representatives and 33,0624 Violations, Remedies, and Penalties,
the owner or operator have presented evidence of compliance, or 33. b2 Afa2 (Reserved)
noncompliance,the hearing officer after considering all facts,may,for
sufficient cause, order the permit revoked.
Article 3. Witter t4`e41s
33�053 Reinstatement of Revoked'PermiL
Rev kedppecrmits may be reinstated only upon the order of the Sections.
Director of 13EHS or authortxed depute. 33.0630 Statement of Purpose and Auihonvs
33M31 Permits. or so-called "wells" constructed to remove subsurface water from
33,0632 Licensing and Registration of Water Well Dtillers hillsides,cuts, or fills.
and Contractors. (o) "Observation Well"shall mean a well used for monitoring
13,0633 Standards. or supplying the conditions of a wstitir-bating aquifer,such as water
33,0634 Lateral(Horizontal) Well Standards. pressure, depth, movement or quality.
33.0615 Approval of Sites, (p) "Pollution" shall mean an alteration of water quality by
33.o636 General Location of Water ", ells. waste to a degree which affects.(1)such waters for beneficial uses,or
MOW Well Logs. (2)facilities which serve such beneficial uses. Pollution may include
33-0639 well Surface and Subsurface Construction .contamination.""
Fetiturts. (q) "Public Water Supply System" shall mean the source
33.0639 Disinfection of Water Wells. facilities and distribution system used to provide water to the public
%vatcr Quality Standards. for human consumption and which has two (2) or more service
)j.0641 Required Inspections of WtIlL connectioris or regularly serves an average of at least twenty.fivt(23)
33.0642 Approval by DENS. individush daily at least sixty(60)days out of the year, It shall include:
33. 643 well Abandonment. (1) "Communit Water System- shall mean a public
33.0641 Declaration of Proposed ReUSC water system which serves at least fifteen(15)service connections used
33,o645 Violations, Remedies, and Penalties. by year-long residents or regularly serves at least twenty-five(2f)year-
33,0646-0649 (Reserved) long residents. Community water systems shall include those serving
residential communities,
(2) "Noncommmuruty Water System"shall mean a public
Ankle I water system which meets one of the following criteria:
GENERAL PROVISIONS (A) Serves at least twenty-five (25) nonresident
individuals daily at least sixty(60)days of the year,but not more than
33.061 Authority. twenty-four(24)year-long residents.
Within this jurisdiction,the San Bernardino County Department (8) Serves fifteen(IS)or more service connections
of Environmental Health Services(DENS)shall enforce the provisions and any number of nonresident individuals at least sixty(60)days per
of this Chapter pursuant to the authority cited in Chapter I of this year.
Environmental Health Code(E.H. Code)and elsewhere as provided (C) Serves rive(5)to fourteen(14)service connections
by State law.Except as provided herein,all provisions of Chapters 1. and twenty-rive(2S)or more individuals less than sixty(6M days per year,
2.and I of this E.H. Code shall apply to this Chapter. State small water systems shall include, but are
not limited to, mountain am tracts; without yar-lont residents.
31M Definitions. (r) "Source Facilities`" shall include wells. stream diversion
Definitions herein shill supplement all definitions in State law works, infiltration gatteries, sontap, resmoirs, tanks and all other
pertaining to dotnesitic water sources and system,and in Chapters I facilities used in the production. treatment. disinfection. storage or
and 3 of this E.H. Code. delivery of water to the distribution system.
(a) 'Abandoned Well- and "Abandonment" shall apply to (s) "Test- or"Exploratory Hole" shad mean an excavation
a well which has not been declared for reuse by the legal owner with used rot determining the nature of underground geological or'
DENS.Test holes and exploratory holes shall be considered abandoned hydrological conditiatu, whether by seismic investigation, direct
twenty-four(24)hours after construction and testing work have been obsiervatiors,or any other means.
completed, A well whose original or functional purpost and use has (t) ,"User" shall mean any person or entity using water for
been discontinued for a period of one(1)year or which is in such a domestic purposes,but shall not include furnishing or supplying water
state of disrepair that it cannot be made functional for its original to the public.
purpose or any other function regulated by this Chapter, shall be (u) "Well"or-Water Well"Lhafl mean any artificial excavation
considered art abandoned well. constructed by any method for the purpose of extracting water from
(b) "Agricultural Well" shall mein any water well used to or injecting water into the ground, but shall not include:
supply water for irrigation or other agricultural purposes,including so- (1) Oil and gas wells, or geothermal wells constructed
called "stock wells." under jurisdiction of the California State Department of Conservation,
(c) -Annular Sell"or"Sanitary Seal"shall mean the material except those wells convened to use as water wells; or
placed in the space between the well casing and the will of the drilled (2) Wells used for the purpose of:
hole(the annular space). (A) Dewatering excavation during construction; or
(d) "Cathodic Protection Well" shall mean any artificial (B) Stabilizing hillsides or earth embankments.
excavation in excess of fifty(50) feet constructed by any method for
the purpose of installing equipment or facilities for the protection 33.463 Ptimalts. Litt"all, tration, Privileges"and
electrically of metallic equipment in contact with the ground.commonly Eatitlitintats.
referred to as cathodic protection. No person or entity shall engage in'anyactivitysubject to the
(e) "Community Water Supply Well" shall mean arty well jurisdiction of this Chapter without first an unrevoked.
which provides water for public water supply sysitms� unsuspended, unexpired permit, license, registration, privilege, and
(f) "Contamination" shall mean an impairment of water entitlement for each such activity and without first paying all applicable
quality by wastes or other degrading elements to a degree that actual fees to DENS for each activity in the amounts set forth in the San
or potential puohc health hazard may exist. Bernardino County Code Schedule of Fees.
(g) "Cross-Connection"shall mean any unprotected connection
between any part of a water system used or intended to supply water 33.064 Enforcerairst Activities.
for domestic purposes and any source or system containing water of Except"pro"ided herein,enforcement activities shalt gimerally
other substance that is not or cannot be approved as safe; pure, proceed as set forth in Chapter, 1, 2, and 3 of this E.H. Code. and
wholesome, and potable for human consumption. relevant State taw pertaining to domestic water sources and systems,
(h) Cusiomer System"shall mean those parts of the facilities
beyond the termination of the distribution system. 33.065 Reports.
(j) "Distribution System"shalt include the facilities,conduits DENS may require any public water supply system permit holder
or any other means used for the delivery of water from the source or applicants to file a comprehensive report on shit condition and
facilities to(hit customer"S system, operation of the source facilities and distribution system, The report
(j) "Domestic Water Hauler" shall mean a person who "I be in such form and detail as DENS prescribes.It shall be prepared
transports water for domestic use in a common bulk container(tank) by-a registered engineer,or other qualified professional registered
from source lacilitits,to the customer's system, but shall not include DENS, and be nude at the sole expense of the permit holder or
those transporting"bottled wattrfrom a State-licensed""*water bottling applicant.
plant."
(k) "Furnish"or"Supply"shall mean furnishing or supplying 33.ftili Violations. Remodki.and Penalties.
water to a public water supply system, (a) it shall be unlawful for any person or entity to violate
11) -Individual Domestic Well" &hail mean any well used to any provision of this Chapter or to furnish or supply to a user,water
su;,p:) k.,:cr for domestic needs of an individual residence. used or intended to be used for human consumption or for domestic
sires ""Industrial Well" shall mean any well used primarily to purposes which is impure, unwholesome, unpoiabic, polluted, or
vtjrnlv water for industrial processes and may supply water intentionally dangerous to health:
or imiditntaity tor domestic purposes, fbt Except as provided herein, all enforcement proi;rdures,
(n) "Lateral (Horizontal) Wet" shall mean a well drilled remedies.and penalties of Chapters 1,22,and 3 of this E.H.Code shall
or constructed horizontally or at an anitie,with the horizon as contrasted apply to this Chapter, in addition To all others pro%ided by fait
with the common vertscaf well and does not include horizontal drains
33.067 Admialaraltve Variance. (d) Revocation.Any it issued maybe revoked or suspended
Subject to approval by the State Department of Health Services, by DENS at any time if it determines that the water living supflied or
Sanitary Engineering Branch. the Director of DENS may grant art furnished by the permittee is or may become impure, unwho Mine,
administrative variance to the provisions of this Chapter where evidence unposable,of endanger the lives or health of human beings. When a
submitted documents that a modification of the standards.as provided Permit has been revoked or suspended by DENS,the public water supply
herein,will not endanger the genertil public health and safety and strict system shall not be exempt from service obligations and responsibiiit it's
compliance would be unreationable-in view of all the circumstances. unless so directed by DENS.
(e) Exception. This Article shall not apply to a public water
33.068 Hearing Procedwres. supply system with two(2)to four(4)service connections except in those
Any pperwsois or entity whose permit application is rejected,or permit specific areas in which DENS has round its application to be necessary
has been suspended.denied or revoked may request a hearing. Upon for the protection of public health and has given written notice thetto f
a proper showing DENS shall act upon the request in the manner set to those so regulated.
forth for administrative hearings in Chapter=2(Permits and Hearing
Proc,edures)of this E.H. Code. 33.0614 Modifications.
(a) Getwai Requirements. No person or entity shall modify,
33.00 Reseffedadd to or change source facilities or distribution systems without written
prior approval of DENS.
(b) Conditions for Addin%Service Connections, New service
Article 2 connections may be added to a pudic water supply system if the water
PVSLIC WATER SUPPLY SYSTEMS system is,and will continue to be, in compliance with the provisions
of this Article. When a water system is not in compliance with the
33.0610 Stittemem of Purpose. Provisions of this Article or of the requirements/conditions of the DENS
The purpose of this Article is 16 Assure that water furnished or it,a public nuisance shall be deemed to exits restricting the addition
supplied by public water supply systems within this jurisdiction shall of service connections or water users until such compliance is obtained.
at all times be putt, wholesome, potable. healthful and in adequate
supply- 33.06111 Monitorial.
Any person or entity who furnishes or supplies water to a user
33-0611 Authority, for domestic purposes shall pay for and provide approved analyses of
The San Bernardino County Department of Environmental Health such water to DENS per California Administrative Code, Title Z2,
Services(DENS)sW monitor and enforce all applicable laws ancl orders "Domestic Water Quality and Monitoring."
for public water supply systemst with leu than two hundred(200)service
connections within this jurisdiction pursuant to the authority cited in 33."16 Water Quality.
Chapter I of this E.H. Co(*and elsewhere as provided by law. All water sources used for domestic water supply shall meet
minimum standards of California Administrative Code, Title 22.
33.0612 StuadvidlL "Domestic Water Quality and Monitoring."
Minimum standards for the design. construction, operation,
maintenance,repair and monitoring for public water"am requiring 33.04117 Water Qmiatitle, Soarce itad Storage Requirements.
a permit by this Article shall also include those standards hued in The quantity of water available from all water sources and
California Health and Safety Code. Division 5. Pan 1. Chapter 7, distribution storage reservoirs shall at lean equal those amounts shown
"Water and Water Systems"and iq California Administrative Code, in Tables I whil 11 of the Article.
Title 22:
(a) "Domestic Water Quality and Monitarioll." Chapter 15. T&bk I
Sections 64401-64475.
(b) "C4UifornittWaterworks St*ndards,"Chapter]6,Sections Gravity SloaV System
64551-64644 and California Administrative Code, Title 17, Pan 1, Saw"had Storage Capacity
Chapter 5, Subchaptcr 1:
(1) "Cross-Connection Control," Sections 7333-7622.
(2) "Operator Certification,- Sections 7100-7134 as miaimam Vie ""is"Use High Use
the same may be amended by the State from time to time and Reer"Oe" Tywcal*r Reudes"
incorporated herein by reference, and every other relevant standard O"Waml With Averep krsWewt With Large
pursuant to state law. No Iffigim" 40111 Lot Lot
33-0613 Permits. sc st SpratsSwAlle SIMON" Sita W S-- 51-W
No person or entity shall furnish or supply water to a user for
$-1W COW* CSW* C11111101s COKICY CAPOM) C,101161s
"Ku (ON) irk) taw (Oki ami (sols)
domestic Purposes from AnY source of water supply without first
applying for, receiving, and rrWiting, an unexpired. unsuspended. 10 11 3,500 17 4.000 28 4.900
unrevoked permit to do so from DENS in accordance with Chapter 2 20 19 0900 32 7,800 53 9.600
(Permits and Hearing Procedures)of this E.H.Code except as provided 30 26 10,100 45 11,400 115 14,100
herein. 40 33 13,100 57 14,900 sts 18,400
(a) Conditions of Approval, Permits shall be issued subject 50 40 15,900 69 18,000 115 22,500
to compliance with the standards provided in this Article and plans shall 60 46 18,500 90 21. 134 26.400
be submitted to DENS demonstrating such compliance.All owners or 10 $2 20,900 90 23A00 151 30,200
operators of any public water supply system subject to the provisions 90 58 23.100 too 25,400 167 33,900
of this Article shall organizt into a single legai entity responsible for 90 64 25.100 109 27,900 ]111 31%300
such public water supply system. Permits may include any condition too 69 21A00 111 30,100 195 41,000
or requirement round by DENS to be necessary to accomplish the 120 74 30,500 133 34,500 220 41,700
purposes of this Article. 140 79 33,600 149 39,900 245 54.000
(b) Temporary Permit, DENS may grant a temporary Permit 160 94 36 163 43,300 270 59.900
to any person or entity who has applied for a Permit upon such terms 190 89 39,200 181 47,700 19-1 5
65,400
as DE14S shall determine are in the public interest pending the 200 94 42.000 197 52.200 3.10 70,500
completion of DENS's investigation and application processing. "Source and Storage Design Guidti,for Small Water S,ysiems,-Siati,
(c) Denial. It, upon the completion of the investigation and of California,State Department of Heirim, Water Sanitation Section.
processing, DENS determines that the water furnished, supplied,or 1967?
proposed to be supplied is such that under any circumstances and
conditions it is likely to be impure,unwholesome,unpotablit or may
constitute a menace or danger to public health, or it the existing or
proposed source facility or distribution system is unhealthful,insanitary,
or not suited to The production and defivery of pure,wholesome,potable,
and healthful water at all times, DENS shall deny the application and
order the applicant to make such changes as DENS deems necessary
10 secure a continuous supply of pure,wholesome,potable,and healthful
water.
10
Table 11 Article 3
WATER WELLS
Pressaire Talk System
Soorct Capacity 33:0630 Statement of Purpose ssid Authtrrity.
The purpose of this Article is to provide minimum standards for
construction,reconstruction.abandonment and destruction of all wells
u Use mirdws,Use Hien Use relating to groundwater protection in order to:(a)protect_underground';
TYPk*J or arsidr»rr water resources, and (bl provide safe water to persons within San
iswettift stator A ace wish Lusa Bernardino County. Pursuant to the authority cited in Chapter t of
Sot ' , i" Lat Leat this Environmental Health Code (E.H. Code). the Dtipanment of
Environmental Health Services (DENS) of the County of San
'+a< Bernardino shall enforce the provisions of this Article within this
servivir Soom capistity s!reritsir Gmaadls sourtt Capacity jurisdiction.
C Gat."x 4t ooft Gal per a 4mi'e ilii. per Mlarae
lel 40 50 69- 33.0631 Pemaits,
20 l 7 97 133 l40 193 (a) No person or entity, as principal agent or employee,
30 142 140 191 shall dig,drill,bore.drive,reconstruct or destroy:(1)a well that is or
0 142 Z o 303 has been used to produce or inject water.(2)a cathodic protection well.
174 219 334 (3)an observation well,or(o)an exploration well,without first filing
0 226 255 403 a written application to do so with BENS,receiving,and retaining a
valid permit as provided herein.
90 251 312 449 (b) Application for Permit. Applications for permits shall
90 273 341 494 be submitted to DENS and shall include the following;
100 294 367 537 (1) A plot plan showing the location for the well with
120 328 420 618 respect to the following items within a radius of five hundred(300)feet
140 363 473 695 from the well:
1+50 387 526 770 (A) Property lines. location and ownership of all
lg0 416 579 W parcels and easements.
2M 441 630' 908 (B) Sewage at waste disposal systems or works for
*Sostme'and.Storage Design Guide for Small Waiter systems,' Starts carrying or containing sewage or waste.
Of Cad#0rffaa,Starr Department Of Health, Water Sanitation Section, (C) All intermittent or perennial,natural or Artificial
1%7. bodies of water or waitaercourses.
33.0618 Retivired Separation Setieertas Water Maui gager Sraitaar) property. (l'3) The approximate drainage pattern of the
sgwtm Oth
Underground street utility laxations for water arid sewer mains (E) Ace wells,including abandoned wells;
shall conform to the standards contained in the most recent edition of Lo A roasub to will site.
the Starr Road Department publication entitled "Standard (2) LaSps bee of the subject property—legal description,
Specifications.Drawings 3'10 and 311,"and the State Department of is parcel number asp stress Address.
s.
Health bulletin entitled"Required Separation Between Water" (3) The contractor's tome and state 1' classification/
Mains azul Ssnitaity Sewers." number constructing the well.
(4) 3"he pr or probable depthof the well.
33.0619' glackfiew sod C othtection Control. (5) The proposed minimum depths and types of casing
Every person or entity furnishing or supplying water to users shall, and probable minimum depth of perforations to be used if such data
by approved methods,prevent water from unapproved sources or any can be reasonably projected.
other substance from entering the domestic water system, and shalt (6) The proposed use of the well.
conform to the standards of California Administrative erode,Title 17 (7) Where the proposed wont is a reconstruction or
Crease contuction Control."" destruction;of a well, the following,if available:Total depth,depth
and type of casing used,depth of perforations,well log,and any other
33.0620 Treatment. pertinent information availlaable.
Treatment facilities and operation shall be provider!as det: ined (o eription of pro method of reconstruction
by DENS tare a case-by-cast basis.All surface waters shall bre properly destruction off wwell.
trued, including reliable...disinfection, (99)) Location and classification of any put or present
solid,liquid,or hazardous wastt.disposaJ sites within two(2)miles of
33.0621 Correction of Sanitary Defects and Health Hazards. the proposed well.
OEHS may order such repairs, alterations or additions to the (10) Cather information as may be reasonably necessary
proposed or existing source facilities and distribution system as will for DENS to determine of the underground waters will be adequately
ensure that the water furnished or supplied shall at all times be in protected
continuous supply,pure,wholesome,potable,and without danger to p (c) Conditions the s of Approval. Permits snail be issued after
the public health and safety. compliance with Char standards provided in this.Article,Flans shall be
submitted to BENS demonstrating compliance with such standards.
33.0622 Sorters Water Sources. Permits may include conditions and requirements found by DE14S to
Surface water sources(streams diversion works,:impoundments: be reasonably necessary to accomplish the purposes of this Article.
infiltration gaileries, springs,etc.)shall not be utilized as sources of Completion bonds,contractor's bonds,cash deposits,or other adequate
water supply for public water systems sinless the permittee has security may be required to ensure all projects are performed compieteiy
demonstated to DENS that there art no reasonable means of obtaining and properly to protect the public's health and safety and the integrity
an acceptable quality and quantity of groundwater,that required surface of underground water resources.
water rights documentation has been completed, that such surface (d) Denial, Where DENS determines that the standards of
sources and water treatment methods shed have hien approved for this Article have not been race, it shall deny the application.
use by DEHS. 33.4632 gg and Registration of Water Well Drilfres slid
Hauled WConntractort,
Hailedater.
stater furnishedW by a domestic water hauler shall not be used as No person or entity shall engage in any activiiy listed in Senior,
a source of water by any public water supply system unless it has by Sea 1 of this h a vol except as prove herein,and where required
demonsitated to DENS that there are no reasonable means of obtaining by stair law with a valid license p accordance with the California sand
an acceptable quality and quantity of groundwater, and that water Contractor's LicenseappLaw(Chapter the
activity
3 of the ed in rs and
ch
treatment methods have been approved by l7EHS. Exception; During person
Code),tis appropriate to the acrrvri to be engaged in. any
an officially declared start or local emergency, a public water supply person or entity shall register withEHS prior to commencing any
activity regulated by this Article.
system may utilize hauled water as a temporary source of supply,
33.0624 Ylotstions. Remedies, and Penalties, 33.46St Standards.
It shall be unlawful for any person or entity to violate any provision Standards for llie construction, reconstruction, Bended lin or
sof this Article,Those cnforcernent Procedures.remedies,and rionaltics abandonment of wells shall be she standards recommended sh the'
of Chapters 1, 2, and y of this E.li. Code stall apply to this Article Chapter 1 as Department eat of ed by Resources time
'tire and i.
and be in addition to all others provided by law. Chapter co as incorporated hereto
amended er the State from acme t ct ioe and s,
hereby incorporated herein by reference.For cathodic protection wells;
33,0625-0629 (Reserved) the standard shall be those recommender!in Chapter H of the California-
l
Department of Water Resources Bulletin No. 74-1,as amended from 33-009 Disiallection of Water Wells.
time to time and is hereby incorporated herein by reference, Every new,repaired Of reconstructed community waitr-suppiy well
or individual domestic we.After completion of construction, repair
13.0634 Lateral(Hiaritroatal) W441 Stsridtrdj. or reconstruction,And before being placed in service.shall be thoroughly
The location,design,and monitoring of lateral wells shall bt in clean edo(all fortiori substances.The well,gravel used in gravel.packed
accordance with the standards recommended in the State of California. wells.Pipes.Pump,pump column,and all well water contact equipment
State Department of Health. Water Sanitation Section publication surfaces shall be disinfected by a 13E14S-&PWOvtd method,Such solution
`"Requirements For Use of Lateral Wells in Domestic Water Systems,"" shall remain in thit well and upon all relevarst surfaces for at last twimt,-
as may be amended and is hereby incorporated herein by reference. four (24) hours, Disinfection procedures shall be repeated until
micrObiO10104211Y sale water is produced, as set forth by California
31" Approval of Sites. Administrative Code, Title 2.1. "Domestic Water Quality and
Domestic water well sites shall be inspected and approved by DENS Monitoring-"
before any construction activities thereat.Wells serving systems under
the direct jurisdiction o(tht State Department of Health Services may 33.0640 Water Quality 5t arils:
receive site approval from that agency, Water from all new.repaired.and reconstructed community water
supply wells shall be tested for,and meet standards for,Microbiological,
33,06M Graitral Lotaidois Of Witter Wiifh. chemical. physical, And radiological quality in accordance with
It shall be unlawful for any person or entity to drill,dig,excavate, California Administrative Code,Title 22,"Domestic Water Quality and
or bore any waitr well at any location where sources of pollution or Monitoring,-
contamination are known to txist,existed,or otherwise substantial risk
exists that water from that location may become contaminated or 33.0641 Reqvired laspeerforts of Wells,
polluted even though the well may be Properly constructed and An inspection shall be requested of DENS at hast twenty--four
maintained.Every well shall be located an adequate distance from all (24) hours in advance of:
potential sources of contamination and pollution as follows- (a) The filling of the annular spacir or conductor casing.
Sewers. watertight septic tank. (Upon failure to notify DENS, approved geophysical tests including
or pit privy...__...__...... 50 ft, minimum Sonic Log and Gamma Ray Lot tests shall be conducted at the owner's
Subsurface sewage leach tines or expense to substantiate that an annular seal has been properly installed.)
Itutch fields too ft. minimum (b) After installation of the surface protective slab, pumping,
Cesspool or seepage pit ISO ft. minimum and other required A utment.
Animal or fowl confined . ......100 ft. minimum (C) tel' fore and during the destruction of a well;
Any subsurface sewage disposal system immediately after the wall destruction.
discharging 5,000 gal./day or more....._200 ft. minimum (d) Any other operation or condition stipulated on the
Minimum distances from other sources of pollution or DE14S permit.
contamination shall be determined by DENS upon investigation
and Analysts of the probable,risks involved. 33.064 Approval by DENS.
Whert particular! Adverse or special hazards are involved. the No water from a new,repaired.or reconstructed well shall be used
foregoing distances shall be increased or special approved mans of until tht well is,givers a final approval by DENS.
Protection.Particularlyin the constrwiOn of the well,"I be provided 33.OW Well Aboadosawatt.
As determined by DENS. If after thirty`(30) days of abandonment, the Owner, of an
33.0637 Well Lop. abandoned well has not declared to DENS the well for proposed reuse
Any Person or entity who his drilled. dug, excavated or bored Per Section 310644.then trite well shall be destroyed Per Section 33,0631
of this Article.If any well is found by DENS to be a hazard,whereby
a well subject to this Article shall within thirty(30)days after completiotir its continued existence is likely, to cause damage to groundwater, or
of the drilling,digging.excavation or boring of such well,furnish DEMS to the public health And safety,DENS shall direct the owner to destroy
a complete lot of such well.This log shall include depths of formations,
character.size distribution.color for all lithological units penetrated, the well within a state!Period.At the time of removal of a pump,the
as well as the type of casing, the depth of tht well. the num casing shall be provided with An adequate Cap at the surface and shall
ber and be maintained so that it will not be a hazard to health or safety until
location of the Perforations in the casing and Any other data required
by DENS. Where insufficient subsurface information is available from such time that the abandoned well is properly scaled from the-bottom
other reliable sources As to certain formations, DE14S may require to the top,
inspection of the well log Burin any phase of the well's construction
and may require modifications orthe remaining planned work to achieve 33.06" Oodursdois of Proposed Reuse.
the purposes of this Article, Where a well is unused or its disuse is anticipated,the owner may
apply to DENS in writing stating an intention to use the well again for
its original or other approved purpose. DENS shall review, such a
33-06M Well Surfut avid Subsurface,Constraction Fewtufts. declaration and may grant an exemption from certain of the provisions
(a) Water" ell Surface and Annular Staling. All water wells of Section 33.0643 of this,Article provided no undue hazard to public
hereafter drilled. dug. excavated or bored shall be provided with: a
watertight reinforced concrete slab at least six(6)inches thick and with health or safety is created by the continued existence of the well.
lit higher of the The original or subsequent exemption may be terminated for cause ty
the top bein a minimum of four(4)inch" above t Therestitt,in amended declaration shall be riled annually with DEMS,
ground leytt'or floor level At the well silt: The slab shall extend DENS at any time.
horizontally at least three(3) feet from the center of the well casino
in all directions and be adequately slipped to drain surface water away 33.0645 Violations, Ra lea, and Penalties.
from the wid
well casing. Annular seals for agricultural and indivual It shall be unlawfitl for any person or entity to violate any Provision
domestic wells shall extend at least twenty(20)feet below the ground of this Article. All enforcement procedures, remedies, and Penalties
surface.For community water supply wells,annular seats shall extend
at least fifty (10) feet below the ground surface. Of Chapters 1.2.and 3 of this E.H.Code shall apply to this Article.
(b) Sample Spigot. A samplespigot shall be provided on and art to addition to all others provided by law,
the pump discharge It"of any water well used as spublic water supply
adjacent to the pump and on the distribution side of thit chick valve. 33�06"4)649 (Reserved)
(c) Check Valve. A check valve shall be provided on the
pump discharge lint Adjacent to the pump for all water wells,
(d) Water Well Disinfection Pipe, All community water Chapter 7
supply wells and individual domestic wells shall be provided with-a pipe HAZARDOVS MATERIALS AND TOXICS CONTROL
Or Other effective means through which chlorine or other Approved
disinfecting Agents may be introduced directly into the well,The pipe Article 1. General Provisions
shall fit extended at least four(41 inches above the finished grant arid
shall contain a threaded of equivalently secured cap upon it. Sections:
(0 Water Well Matter Meter-A MaUermettr orother suitable 33V1 Authority.
measuring device shall be located at each source facility and shall 33.072 Administration, Violations, Remedies, and
accurately register the quantity of water defivertd to the distribution Penalties,
system from all community water supply wells serving A public water 33,073-33.079 (Reserved)
supply system,
(f) Air-Relief Vent An air-rtfief vent,if used.shall terminate
downward,be screened,and othtr%h ise be protected from contaminating
Material entering
12
Article 2. Underground Storage of Hazardous Materials 33.0711 Authority.
Pursuant to the authority cited in Chapter 1,of this Environmental
Sections: Health Code(E.H, Code)and Article I of this Chapter. within this
33,0710 Existing Ordinance Continued. jurisdiction,alit Department of Environ cal Health Services(DENS)
33.0711 Authority. of the County of San Bernardino shall enforce the provisions of this
33,0712 Definitions. Article,
33.0713 Permits and Fees Required.
33-0714 Permit Application and Conditions. 33.0712 Nfiffitiona,
33.0715 Inspections'. Definitions herein shall supplement all definitions in state and
33,0116 Confidential Matter. federal law pertaining to the underground storage of hazardous
33.0717 Storage Tank Requirementsmaterials,and shall include those oftChapters I and 3 of this E.H.Code,
33.0718 Monitoring and Reporting. (a) "Board"means the State Water Resources Control Board.
;,;,07 , Modifying and Terminating Permits. (b) "Facthtl" means one, or a combination of underground
33.0720 Repair of Storage Tanks. storage tank used by a single business entity at a single location
33.0721 Storage Tanks Not in Uses or site.
33.0722 Violations. Remedies, and Penalties. (c) "Hazardous materials" means all of the following liquid
310723-0729 (Reserved) and solid substances. unless DEKS in consultation with the Board,
determines the substances could not adversely affect the quality of the
waters of the State:
Article 3. Hazardous Waste Gtorralcirs (I) Substances on the list prepared by the Director of
the Department of Industrial Relations pursuant to Section 6382 of the
Sections: Labor Code.
33.0730 Authority. (2) Hazardous substances,as defined in Health And Safety
33.0731 Definitions- Code Section 25316,
33.0732 Permits Required. (3) Any substance or material which is classified by the
310733 Enforcement Activities, National Fire Protection Association(NFPA)as A flammable liquid,
33,0734 Requirements —General. a Class 11 combustible liquid, or a Class 111-A combustible liquid.
33,0735 Specific Requirements(Reserved). (d) "Pipe" means any pipeline or system of pipelines which
33.0736 Limiteduantity Generators(Reserved). is used in connection with the storage of hazardous materials and which
33.0737 Recycle3ermit Variance (RPV) (Reserved). are not intended to transport hazardous materials in interstate or
33.0738 Infectious Waste Generators(IWG). intrastate commerce or to transfer hazardous materials in bulk or from
13.0739 Violations, Remedies, and Penalties. a marine vessel.
(e) "Primary comaimmem"mum the first level of containment
Adick 4. Disclosure sad Stomp of Hazardous Substances such as the portion of a U.S.T.which comes into immediate contact
(Reserved) on its low surface with the hazardous substance being contained.
(f) ' "Product-tight"means impervious to the subs( which
Article S. Regulation of Credited Technicians is contained,or is to be contained,so as to prevent the seepage of the
(Reserved) substance from the primary containment. To be product-tight, the
U.S.T.shall not be subject to physical or chemical deterioration by the
substance which it contains over the useful life of the U.&T.
Article I (S) "Secondary containment"means the level of containment
GENERAL PROVISIONS external to, and separate from, the primary containment.
(h) "Single-wallet!" means construction with walls made of
33.071 Authority, only one thickness of material. For the purpose of this Articit,
Pursuant to the authority cited in Chapter I of this Environmental laminated.coated,or clad materials shall be considered singit-walled.
Health Code(E.H.Code),California Health and Safety Code Section (i) -Special, inspectors" means a professional engineer,
25100 et seq.(Hazardous Waste Control),California Health and Safety registered pursuant to Chapter 7(commencing with Section 6700)of
Code Section 25280,Water Code Section 13171 (Underground Storage Division 3 of the California Business and Professions Code, who is
of Hazardous Substances), Water Code Sections 13304 and 13305 qualified to attest.ata minimum,to structural soundness,seismic safety,
f Remedial Action by Government Agencies),Penal Code Sections 370 the compatibility of construction materials with contents, cathodic
et wq, (Illegal Dumping), California Administrative Code, Title protections,and the mechanical compatibility of the structural elements,
22}Sectron 66016(Hazardous Waste Control),Title 17-Section 488(d), (j) "Storage- or "store" means the containment, handling
Title 22-Section 70843 et seq.,71647 ri sir(„72634 et seq.,and 73641 or treatment of hazardota substances,either on a temporary basis or
et set(.(Disposal of Solid and Infectious Wastes),Title 24-Section 429, for a period of years,"Storage-or"store”does not mean the storage
Title 17-Section 202(Construction of Disposal Facilities At Hospitals), of hazardous wastes in an U,S.T. if the person operating the tj,S,T.
Code of Federal Regulations AO,Part 260 et sec,(Resource Conservation has been issued a hazardous waste facilities permit by DENS pursuant
and Recovery Act).California Health and Safety Code Section 7 7054.4 to California Health and Safety Code Section 25200 or granted interim
(Disposal of Human Remains),Business and Professions Code Section status under California Health and Safety Code Section 25200.5.
4143 (Disposal of Hypodermic Syringes and Needles), and other (k) "Trade secrets" includes any formula, plan, pattern,
applicstile State law, this jursidiction hereby authorizes. that laws of process,iool,mechanism,compound,procedure,production data,or
the State and of this E.H. Code pertaining to the environmental compilation of information which is not patented,which is known only
management of hazardous materials and toxic substances be enforced to certain individuals within a commercial concern who are using it to
within this jurisdiction by the Director and enforcement officers of the fabricate products, compounds, or articles of trade, or to pro%to,-
Department of Environmental Health Services(DENS)of the County services having commercial value,and which gives its user an opportunity
of San Bernardino. to obtain a business advantage over competitors who do not know or
use it=
33.072 Administration, Violations, Remedks. sod Penalties. (1) "Unauthorized release" means any release or emission
It shall be unlawful for any person or entity to violate any provision of any hazardous substance which does not conform to the provisions
of this Chapter, This Chapter shall incorporate by reference all of this Article,unless this release is Authorized bv the Board pursuant
provisions of Chapters 1, 2. and 3 of this E.H. Code, except where io Division 7(commencing with Section 13000)sal`the California W aier
in conflict with this Chapter, including all enforcement procedures. Code,
remedies,and penalitts,which shall be in addition to all others provided (in) -Underground storage tank,"(11U.&T.")means any one
by taw. or combination of tanks,including pipes connected thtrcto.which is
used for the storage of hazardous substances and which is substantially
33.073479 (Reserved) or totally beneath the surface of the ground.
33.0713 Permits and Fees Rtquired.
Article I (a) Within this jurisdici ton,no person or eni it y shall construct;
UNDERGROUND STORAGE Of HAZARDOUS MATERIALS install,own, operate, test, monitor, certify, inspect, modify, repair,
replace, or abandon an underground storage tani, (U.5,T,) or store
13ZIFIO Existing Ordinance Continued., hazardous materials underground except with an unexpired.
This Article shall be construed as a restatement.continuation,and unsuspended,unrevoked permit to do so from DEWS.And ha%ing paid
amendment to any existing ordinance of this jurisdiction pertaining to to DEHS those fees spe6fied m the San Bernardino Couniv Code
underground storage tanks (U,S.T,) that was adopied prior to Schedule of Fees,and except upon compliance A ith all DroN mons of
January 1, 1984,and shall not be considered as a new enactment, for this Article,and of Chapter Z(Permits and Hearing Procedureii of tn's
all purposes including California Health and Safety Code Section E H, Code
23":911 1
13
fb) Limited exemption for certain U.S.T. in unincorporatedconstruction standards of Sections 33.0713 and 33.03t8:
areas of San Bernardinia County, U, .T. which meet one or more of (2) Whether the operator has monitored and tested the
the following criteria are exempt from certain permitting and monitoring U.S.T. as required by the permit« and
provisions of this Article. (3) Whether the U.S.T.is to a safe ow, ating condition,
(t) U.S.T. used for the storage of hazardous substances After each inspection.DENS I prepare a cOmilss4rice report,detailing
used for the control of external parasites of cattle and subject to the the inspection and shall furnish a copy so the permitholder„
vision of the count agricultural commissioner if the county (b) art addition to, or in lieu Or. 'lit inspections specified
F
ulturatcommission i etermines, by ins ion prior to use, that in subdivision(a),DENS may require the permit tp employ special
.S.T. provicits a texel of protection equivalent to that required inspectors to periodically conduct an audit or assessment of the
by Health and Safety Cade Section 2$291,,if the U S.T. was installed permitholder"s facility to dettrrnint whether the facility complies with
after Junt 30, 1984,or^protection equivalent to that pro by Health the fact specified in subdivision fa)' to a special inspection
and Safety Code Section 252+32,if the U.S.T.was installed on or before report with recommendations contenting the safe storage of hazardous
June 30. 1494, materials at the facility. The report shall contain recommendations
(2) U.S.T. located on a farm and stores motor vehicle consistent with the provisions of this Article where appropriate,A copy
fuel which is used rattly to propel vehicles used primarily for agricultural of the report shall be tiled with BENS at the same time the inspector
OW submits the report to the permitholder. Within thirty(30)days after
(3) U.S.T,which holds one thousand one hundred(1,100) receiving this report, the perrnitholder shall file with BENS a plan to
gallons or less,is located at a residence of a person,and stores home implement all recommendations contained in the report or shall
heating fuel used exclusively for'personal,and nonincome-producing dMonstrate,to the satisfaction of DENS.why these recommendations-
purposes. should not be implemented.
(4) U.S.T. which is used for aviation or motor vehicle (c) Entry tanto Property for Inspection. In order to carry
fuel.which U,S.T, is located within one(1)mile of a rarm and used out the purpose of this Article,any duly authorized representatives of
by a licensed pest control operator,as defined in Section 1114.3 of the DENS or the Board has authority to investigate, detain, and issue
State Food and Agricultural Cade, who is primarily involved in citations as specified in California Health and Safety Code Section
agricultural pest control activities. 2$183, with respect to any place where U.S.T. are located, and in
(c) All owners of U.S.T. defined in.Section 33.0713(b)shall. California H and Safety'Code Section 2510.3,with respect to real
(1) Register such tanks with BENS accompanied with pmrny which is within two thousand(2.000)feet of any place where
the appropriate fes set forth in Section 16.02138 of the Sart Bernardino un ground storage tanks are located,and as sort forth in Chapter I
County Code Schedule of fees and shall provide information as (Authority and Administration)of this E.H, Code.
requested by DENS including,age,type,use and location of the U.S.T
The registration shall be updated and renewed annually. 33.0716 Caas tlatl Witter.
(2) Prior to removal or replacement, notify BENS for (it) The Board or LENS may disclose trade seems received
inspection to determine whether leakage or=materiatl has occurred. In by the Board or DENS pursuant to this Article to authorized
it*event of any suspected leakage,;the owner shall complete sidequiatt MV01301144tives Of other g ental Stencies only in connection with
piing, cleanup and mitigation ars approved by DENS. the `s or DEMS's t="Writes pursuant to this Article.The
(3) Comply with provisions of Sections 33.0713(c),- Board and DENS shall taprocedures tocensure that these trade
33.0716,310710), 33.0719, 33.0720.33.0721,33.0722. secrets art utilill0d tartly in connection with thost responsibilities and
(4) Comply with the construction requirements as are not othtrwiic disaeminitted without the cotxsent of the person who
contained in this E.H.Code when installing an U.S.T.ars a new facility provided tett information to the Boud or RENS,
oc replacement U.S.T. (b) Any person providing application infornuition pursuant
(d) Plan for installation art all U.S.T. shall be submitted to Section 33.0714 shall, at the titter Or its submission, identify all
with the appropriate fee as set forth in Section 16.0313E of the San infortnaition which the person beileves are trade,secrets.Any information
Bernardino County Coda Schedule of Pecs prior to installation. The or record not' ir'acd as a trade secM is available to the public.finless
U.S.T, may not be placed into use until finial construction approval exempted from disclosure by other snf law,
lay f3EHS. (c) W this jurisdiction by Ordinance,provides`an alternative
to the listing of a substance which is a trade secret,the person storing
33.0714 Partials Application and Coa dititons. that su stall providethe identification of the material directly
(a) Application for a_permit pursuant to Section 33.0713 to the Board pursumt to this Section.
shall be made on the standardized foram prepared by the Board and 330717 Stnraga Taale Requirements.
provided by DENS,BENS shall furnish the .
Board with a copy of the Event storagetante(U.S.T)installed after January I
completed application..
The application aha!)include: 19114, shall meet the following re+quiretments;(I) A description of the construction of she underground (a) Be designed and constructed to provide primary andsecondary levels of containment of the hazardous substances stored in
storage tank (U.S.T.). them in accordance with the following performance standards:
(2) A list of all the hazardous substances which are or tI) Primary containment shall be product-tight.
will be stored in the U.S:T.,specifying the hazardous substances for (2) Secondary contain p shall be constructed to r�;vent
(3) A lotion of the monitoring nt for the U.S.T,
each U S. structural ening as a result of contact with any rel hazardous
( substances, and also shall be capable,of storing, for alae maximum
#4) The and address of tine firm,corporation anticipates!period of time necessaryfor the recovery of any released
or legal entity which owns the U.S.T.and,i different,the name and hazardous substance.
address of the person who operates the U.S.T. t3) In the can of an installation with one pre nar,
located, ($) The address of the facility at which the U.ST. are container,the secondary containment shall be large enough to contain;
(6) The name of the person mating the application. at IOU one hundred P0001111 00000 of the volume of the primary L-.S.T,
#7) The name and twenty-flour (gal) hour telephone (4) In the cast of mrultiple primary U.S.T.,thr stcondary
number of the contact person in the event of an emergency involving: container shall be large enough to contain one hundred rifty percent
the facility. (13044)of the volume sof flit largest primary U.S.T. placed in it, or
(8) It the owner oro operator of ilii U,S.T. is ate public te" t(10%)of thea a internal volume of all primary U,.S.T.,
whichever is,greater:
agency.the application shall include the name of the supervisor of the (3) If the fatYlity is to rainfall, then the secarttfary,
division, section, or office which operates the U.S.T, containment must be able to additionally accommodate the volume of
(b) As a condition of any permit to operate U.S.T., the a twenty-four(24)hour rainfall as determined'by a one hundred(100)
permittee shall complete an annual repon form,prepared by the Board, year storm history.
which will detail any changes in the usage of any U,S.T.,including ate ({) Single walled containers do not fulfill the requirement
of new hazardous substances.changes art monitoring procedure, of U.S.T. providing both a primary and a secondary containment..
or unauthorized release occurrence, as set forth in Section 33.0318. (7) The design and construction of U.S.T. for Motor
(c) If a permittee stores a hazardous substance in a U.S,T vehicle fuels storage need not meet the requirements of paragraphs(1,1
which is not listed in the application, the prMitlee shall apply for a to(6), inclusive,
new or amended permit withinthirty(30)days after commencing the
storage of that hazardous substance, (A) The primary containment construction if of
glass ebur,reinforced plastic,cathodically protected steel,or steel clad
with glass fibre reinforced plastic,
33.0713 lmspeztions. (B) Any such alternative primary j:ontarntment is
&al DEHS shall inspect every underground storage tank installed in conjunction*tin a s stun that will intercepi and direct a
(U.S.T.t within its jurisdiction at least once every three(3)years. The least from any parr of the 1 .T to a monitoring*ell to detect arty
inspection shall determine; release of motor vehicle fuels itored to the US.T,and which is designed
(1) Whether the U.S:T, complies with the design and to provide early leak detection.response,and to protect grounduattr
from releases, and
14
(C) If the monitoring is in accordance with the reported by the operator to DENS within twenty-four(24)hours after
alternative method identified in Section 33,018(al(2).Pressurized piping the release has been detected or should have been detected,A full written
systems connected to U.S.T.used for the storage of motor vehicle fuels report shall be transmitted by the owner or operator of the U.S.T.within
and monitored in accordance with paragraph(3)of subdivision(b)of five M working days of the occurrence of the release.
Section 33:07i8 shall be deemed to meet the requirements of this (f) The reporting requirements imposed by this section are
subdivision. to addition to any requirements which may be imposed by Section 13271
(bi Be designed and constructed with a monitoring system of the California Water Code:
capable of detecting the entry of the hazardous material stored in the
primary containment into the secondary containment. If water could 33.0714 Modifying>tnd T `natinR Permits.
intrude into the secondary containment,a means of monitoring for water DENS shall review the permit whenever there has been an
intrusion and for safely removing the water shall also be provided, unauthorized retem or when if determines that the'underground storage
fct When required by DENS, a means of overfill protection tank (U.S.T.)is unsafe. DELIS may modify or terminate the permit.
for any primary U,b.T_including an overfill prevention device or an In determining whether to modify or terminate the permit,GENS shall
attention-getting higher level alarm,or both. Primary U, .T. tilling consider the age of ft U.S.T„the meet of containment,the methods
operations of U.S.T.containing motor vehicle fuels which are visually of monitoring,the feasibility of any required repairs,the concimtrat:tin
monitored and controlled by a facility operator satisfy the requirements of the hazardous substances stored in the U,S.T.,the seventy of potential
of this paragraph. unauthorized releasees, and the suitability of any either long-ttrm
(d) Different substances than in combination may cause a measures preventive measures which would meet the requirements of
fire or explosion,or the production of flammable,toxic,or poisonous this Article.
gas.or the deterioration of a primary or secondary container,shall be
separated in both the primary and secondary containment so as to avoid 33.0720 Repair of Storage Tanks.
potential intermixing. If there has been any unauthorized release. as defined in
(e) If water could easter into the secondary containment by subdivision(e)of Section 33.17718,from an underground storage tank
precipitation or infiltration, the facility shall contain a means or (U.S.T.)containing motor vehicle fuels not under pressure.the permit
removing the water by the owner or operator.This removal system shall holder may rep
aiir the U.S,T.onct by an inferior-coating process if the
also provide for a means of analyzing the removed water for hazardous U.S.T. meets all of the following requirements-
substance contamination and a means of disposing of the water.if so (a) An ultrasonic test,or comparable test,has been conducted
contaminated,at an authorized disposal_facility. to determine she thickness of the U.S.T.If the result of the test indicates
that a serious problem exists with regard to the U.S.T.,as determined
33.4718 Monitoring and Reporting. by the person conducting the test. BENS may require additional
(a) For every underground storage tank(U.S.T.) installed on corrosion protection for the U,&T,or may deny the authorization to
at before,January 1, 1994, and used for the storage of hazardous repair.
substances, the following actions shall be taken: (b) A hydrostatic test is an alternative to the ultrasonic test
(1) Oen or before January 1, 1485,flue owner shall outfit in subdivision(a).if the result of that test indicates that a saim problem
the facility with a monitoring system capable of detecting unauthorized exists with t' ' d to the intuit of the U.S.T.,as determinedby the
rel of any hazardous sac stored in the facility,said thereafter, person conducting the test or E> 5 may require additional protection
the operator shall monitor each facility,based on materials stored and for the U.S.T. or may deny authorization for flit repair.
the type of monitoring installed. (c) A vacuum test has beat conducted with a result indexed
(2) Provide a means for visual inspection of the U.S.T. at not more than five point three (5.3) inches of mercury. This
wherever practical, for the purpose of the monitoring required byrequirement shall not be applicable if technology is not available for
subdivision(a)1). Alternative met of monitoring the U.S.T. on testing the U:S.T, on site using ed engineering practices.
a monthly,or more frequent basis,miry be requited by DENS.consistent I (d) Following the repair. the standard installation testing for
with the regulations of the Board. requirements for U.S.T.specified Section 24.3 of the Flammable and
The alternative monitoring methods include, but are Combustible Liquids Code,adopted by the National Fire Protection'
(sot limited to, the following methods: Association on November 20, 1981,(NEPA 3t)-1981),and published
(A) Pressure testing, vacuum testing or hydrostatic in the 1982 Edition of the National Fire Cade shall be followed.
testing of the piping systems or U.S.T. (e) The material used to repair the U.S.T. by an interior-
(8) A groundwater monitoring well or wells which coating process is applied in accordance with nationally recognized
are down gradient and adjacent to the U.S.T.,vapor analysis within engineering practices such as the American Petroleum Institute's
a well where appropriate,and analysis of soilborings at the time of recomrnended�practice No. 1631 for the intenor lining of existing U.S:T,
initial installation of the well.DENS and other public agencies specified (g) The Board may develop regulations, in consultation with
by DENS shall approve the location and number of wells,the depth the State Fire Marshal,for the repair of U.S,T'.,and the standards in
of wells and the sampling frequency, pursuant to these regulations. this section shall remain in effect until the adoption of these regulations:
(C) For monitoring U.S.T.containing motor vehicle
fuels daily gauging and inventory reconciliation by the operator, if 33.0721 Storage Tanks Not in Use.
inventory records are kept on file for one(1)year and are reviewed (a) No person shall abandon an underground storage tank
quarterly; the U.S T, is tested for tightness hydrostatically or,when IU. .T.)or close or temporarily cew operating an U.S.T.,except as
appropnate with pressure between three(3)and five(5)pounds,inclusive provided in this sectiom
per square inch at time intervals specified by the Board and whenever (b) An U.S.T.which is temporarily taken out of service. but
any prt^s�urized iysiern has leak detection device to monitor for leaks which the operator intends to return to use,shall continue to be subject
in the piping.Tt4 U.S.T.shall also be tested for tight hydrostatically to all the permit,inspection,and monitoring requirements of this Article,
or where appropriate, with pressure between trine (3) and rive (S) unless the operator complies with the provisions of subdivision(c)for
pounds,inclusive,per square inch whenever there is a shortage greater the period of time the U.S.T;-is not in use.
than the amount which the Board shall specify by regulation. (c) NO person shall close an U.S:T.unless the person undertakes
(b) The operator of flit U.S.T. shall monitor the facility all of the following actions;
using tht method specified on the permit for the facility.Records shall (1) Demonstrates to DENS that all residual amounts of
be kept in sufficientdetail to enable DE14S to determine that the operator the hazardous substance or hazardous substances which were stored
has undertaken all monitoring activities required by the permit to in the U,S.T.-prior to its closure have been removed,properly disposed
operate, of. and neutralized.
(tri if the operator is not the owner, iht owner shall provide (2) Adequately seals the U.S.T. to minimize any threat
a copy of the permit to the operator,enter into a written contract with to the public safety and the possibility of water intrusion into,or runoff'
the operator which requires the operator to monitor the U.S.T.as set from the U.S.T.
forth in the permit; and provide list operator with a copy of Section (3) Provides for,: and carries out, the maintenance of
25287 of California Health and Safety Code,or by a summary of this the Ut S,T. as DENS determines is necessary, for the period of time
section,in form which the Board specified by regulation,Theowner DELIS requires.
shall notify DENS of any change of operator. (4) Demonstrates to DENS that there has been no
(d) Any unauthorized release from the primary containment significant soil contamination resulting from a discharge in the area
which the operator is able to clean up within;(S)hours,:and which does- surrounding the U,S,T. or facility.
not eware from the secondary containment,does not increase the hazard
of fare or explosion and chats not cause any deterioration of flit secondary 33.0722 Violations„ Remedies and Penalties.
,00,dinineni of the U.S.T , shall be recorded on the operator's: It shall be unlawful for any persona or entity to%iolafe an>provision
- , - .. w-,*: of this Article. In addition to all enforcement procedures, remedies,
tel Any unauthorized release which escapes(tout the secondary and penalties provided by Chanters I,Z.and 3 of this E H.Code,the
containment, increases the hazard of fire or explosion, or causes any fallowing shall apply:.
deterioration of the secondary containment of the U.S.T. shall be (a) ,Any operator of an underground storage tank tG.S.T.)
lr
shall be habit for a civil penalty of not less than five hundred dollars its "Transporter Facility" means an approved commercial
q5M.Oth.or more than Five thousand dollars(55,000,00)per day for location at which hazardous waste is stored for periods less than ninct
any of the following'. six(961 hours prior to delivery to any approved hazardous watt disposal
t) opentles2n U.S.T.which has not been issued a permit. facility.
1:2) Fails to monitor the U.S.T.,as required by the permit.
(3) Fates to maintain records, as required by Section 33.0732 Permits Restairect.
33,0714, Within this jurisdiction, no person or entity shall generate or
tat Fails to report an unauthorized release, as required produce hazardous waste, or own or operate a transporter facility
by Section 33.071$ without holding an unexpired,unsuspended.unresoked permit from
(5) Fails ,to property close an underground storage DENS to do so for each facility,lotion,and activity,and having paid
tank,as required by Section 33.0726: those fees to DENS specified by the San &rnardino County Code
(b) Any owner of an I.S.T. shall be liable(err a civil penalty Schedule of Fees.Permits and fees shall also apply to infectious waste
of not less than flue hundred dollars 15500:00) or more than five producers, and tail construction. modification, remodel, and repair
thousand dollars(53, .00i)per day for any of the following: activities relating to any hazardous waste generation, production,
11) Failure to obtain a permit as specified by this article. storage,or transportation. Permits and fees,. of any, shall also apply
12) Failure to repair an U.S,T, in accordance with the to limited quantity entrators.
provisions of this article. Applicants for SEMS permits slush provide all relevant information
(3) Abandonment or improper closure of any U S,T: regarding their proposed operation including the following:
subject to the provisions of this article. (a) The name,address,and telephone numbers of all generators
(4) Knowing failure to take reasonable and necessary and/or producers,and of all operators arWor owners of any transporter
steps to assure compliance with this Article by tht operator of an U S.T, facility,
(c) Any person who falsifies any monitoring records required (b) The site address where hazardous waste is gentrated or
by this Article,or knowingly fails t6 report an unauthorized release, produced.
shall, upon conviction, be punished by a fine of not less than five (c) The name,address,and telephone numbers of the owner(s)
thousand dollars (S3,OOO.(14) or more than ten thousand dollars of the land on which hazardous waste is generated or produced, if
($10,00D.00),or by imprisonment in the county jail for not to exceed different from (a)above.
one(1)year. or by both that fine and imprisonment. (d) The Assessor's Parcel Numbers fear all such locations.
(d) In determining both the civil and criminal penalties (e) The Federal Environmental Protection agency (EPA)
imposed pursuant to this section,the court$hail consider all relevant identification number for all locations_
circumstances, including, but not limited to, the extent of harm or (f) The Standard Industrial Code (SIG) number for all
potentiate harm ca by the violation,the nature of the violation and locations,
the of time over which it occurred, the frequency+ of past (g) All past and present dba"s and fictitious business names
viotations,and the corrective action,if any,taken by the person who operated under,
holds the permit. (h) Number and type of employees at each location.
(e) Penalties under this section are in addition to, and do (i) 24-hour etttergency contsict person.
not supersede or limit"any and all other legal remedies and penalties, (J) A listing of that type of wastes generated, the volume of
civil or criminal. which may be applicable under other laws. wastes generated-on a monthly balsas,and the method by which each
type of waste is disposed of at inch location.
33.07234729 ( ) (k) Nantes*fail hatillins and/or recyclers.
(1) Auction proem now chart, which, at a minimum,
Shall list all =rdous, substances mW how they are used in each
Ankle 3 production proem,what products are Itroduced,what hazardous and
HAZARDOUS WASTE GENERATORS nonhazardous wastes are limited,and the type and quantity of all
solvents and any other subsiancies used in all"clean up"activities related
33.0730 .Authority. to each production proem.
Pursuant to the authority cited in Chapter'l of this Environmental (m) A declaration.under penalty of perjury,that the information
Health Code(E.H. Code)and article I of this Chapter, within this provided is true and correct.
jurisdiction,the Department of Environmental Health Services(DENS) As a condition of any permit to generate or produce hazardous
sof the County of San Bernardino shall enforce the provisions of this waste,the permittee shall prepare a Contingency Flan and shall notify
Article.- DENS of any changes in wastes produced and of changes in management
or ownership,
33.0731 CDeflnitiects.
Definitions herein shall supplement all definitions in state and 33.0733 Enforcement Activities.
federal law pertaining to the tion,treatment,storage.transport. Enforcement activities shall generally proceed as set forth in
and disposal of hazardous waste,and shall include those of Chapters Chapters 1"2.and 3,of this E.H.Cotie and relevant State,law pertaining
I and 3 of this E.H. Code. to the generation,production,management,transportation,treatment,
(a) "Contingency Plan" means a document setting out an storagt" and disposal of hazardous waste.
organized.planned,and coordinated course of action in caste of fire..
explosion,or release of hazardous waste or hazardous waste constituents 33.0734 Requi is —Clenirral.
which could threaten human health or(lie environment, Permittees shall manage all hazardous waste generated or produ.
(b) "Generator" means any person or enttty, by site, whose in compliance with California health and Safety Code Section 25100
act or process produces hazardous waste identified or listed in Title 22 ei seq.,Titic22 of the California Admintstrati%e Code, and Title 40'
f the California Administrative Cote. Limited Quantity Generators Code of Federal Regulations(CFR), Peart 260 et stq,
shall be those generators producing less than rive(5)gallons or less than
fifty(SOI pounds per month, 33.4735 Specific Regaire s(Reserved).
(e,lt " Hisurdous Substance" means all of the following:liquid
and solid substances. 33.0736 Limited t,"Iuo tlty Getterstors(Reserved).
(1) Substances on the list prepared by the Director of
tett Department of Industrial Relations pursuant to section 6382 of the 33,()737 Re ycter Perissit Variance (RPV)(Reserved).
LAbor Code.
(2) Hazardous- substances as defined in California 33.0738 Infectious Waste Gornerwors(iWG),
Health and Safety Code Section 2$316. Infectious waste generators(I"ia+G)shall in addition to all other
(3) any substance or material which is classified by the requirements of this Article-
National dire Protection Association(NEPA)as a flamtnatile
liquid. (a) Submit an operational flow chart to DE14S with each
a!Class It combustible liquid, or a Class 111-A combustible liquid. permit application or renewal which shall include:
(d) "Hazardous Waste"means any waste material or mixture (1) The amount and type of each waste geerattd,
of wastes which is tonic,corrosive,rtammabie, an irritant, a strong (2) The methods used for sterilization of infectious v,astr
sensitizer;or which generates pressure through decomposition.heat or (3) The methods used for disposal of infectious wastes
other means.if such waste or mixture of wastes may cause substantial (b) Submit a contingency plan to DENS with each permit
injury,serious illness or harm to humans,domestic livestock or wildlife, application lir renewal which shall include;
I shall also include all wastes so defined by the California Health and (l) Provision for the immediate pack-up of Suspected
Safety Code including "infectious waste." untreated infectious wastes or improperly labelled noniriectious wasi:s
(e) "^Producer"xi means any person or entity who generates a which may improperly leave the IWG site and be disposed of at zount
hazardous waste material, landfills, transftr stations, or other locations.
121 The names and phone numbers of those I A G,:oriia,;t
16
people implementing such contingency dart. 33.0852 Permits and Hearing Procedures-
(c) Pay all costs incurred in the clean-up and proper33.0853 Application for Permits.
disposal of all improperly disposed suspected infectious wastes or 33.01154 Issuance of Permits.
improperly labelled noninfectious wastes, where such clears-up and 33.0855 Liability lnsurancc.
proper disposal is not substantially accomplished by the IWG within 33.0856 Renewal of Permits.
two(2) hours after €lEHS has notified the IWG of the suspected 33.0857 Denial, Revocation.and Suspension of Permits-
improper disposaL 33,0858 Nontransferabdity of Permits.
33.0859 Records and Reports,
33.9739 Vlolaatfoais, Remedies. and Peasitits. 33,08W Disposal of Sanitary Wastes.
It shall be unlawful for any person or entity to violate any provision 33,0861 Required health and Safety Equipment;
of this Anicle. In addition to any other remedy or penalty provided 33.0862 Cleanliness and ?Markings for Vehicles.
by law,the remedies and penalties provided by Chapters I,2,and 3 33,0863 Sanitary Wastes, l azatrdous and/or Toxic Wastes
of this E.H.Code shall apply to this Article, and Materials
33 Administration, Enforcement, Remedies. and
Penalties.
Article 4 33.0865-0969 (Reserved)
DISCLOSURE AND STORAGE OF HAZARDOUS SUBSTANCES
tRESERV ED3
Article 4. Sewage Holding Tanks.
Article 5 Sections,
REGULATION OF CERTIFIED TECHNICIANS 33.0870 Purpose and Authority.
(RESERVED) 33,0871 Definitions.;
33.0872 Use of Sewage Holding Tanks Restricted, Permits
Required:
Chapter 9 33.0873 Conditions for Construction,and Operational
WASTE MANAGEMENT Permits.
33.0674 Required Agreements with District or Sewering
Article 1, Refuse StorageEntity,
33.0875 Required Agreements with Property Owners.
Sectloam,' 33.0876 Bonds.
33.081 Statement of Purpose and Authority. 33.0877 Standards.
R 31.0878 Contract with is Tank Pumper,
33.081 R
33:082 Definitions, 33, Abando t of a HoldingTanks.
Refuse Removal. 33.OM Violations, Remedies,and Penalties.
33.064 Accumulation of Rubbish Prohibited. 33.0881.13889 (Reserved)
33.08.3 Storage of Refuse.
33.086 Refuse:Containers.
33.087 Placement of Refuse Containers.
Article 3 Liquid Waste Diapow
33.088 Transportation of Refuse(Non
perrnittees)e
13.084 (Reserved) Sectlosis:
33.0910 Administration, gnforcement, Remedies,and 33.089+0 Purpose and Authority.
Penalties. 33,0891 Definitions.
310011-0819 (Reserved 3.3.0842 Approved Liquid "Waste Disposal Systems,
33.0893 Permits for Alternative Liquid Waste Disposal
Article 2. Refuse Collection Systems.
33. Liquid Waste Disposal System Location
SectJour. Requirements.
310820 (Reserved) 33.0695 Mountain Areas.
33.0821 Statement of Purpose and Authority. 33. Soil Testing Requirements,
33.0822 Defrnitirins. 33.0897 Soil Testing Administration:
33:0823 Permits. 33.0898 Revocation by DENS of Testing Privileges,
330824 Exceptions. 33.0899 Adminixtration, Enforcement, Remedies, and
31.0821 Refuse Collection Areas. Penalties.
33.0826 Application for ai Permit or Renewal of a Permit:
31.0827 Issuance,Suspension, and Revocation of Permits. Article 6. Designated Maintenance Areas
33:0828 Specification of Permit Areas,
330829 Renewal of Permits. Sectiosts:
33:0830 ntew Applicants - Percent Necessary to Engage in 33.(181110 Purpose and Authority.
Refuse Collection or Refuse hauling, 33.08101 Definitions,
33.0831 Permit Pees and Charges roe Service, 33.08102 Designated Maintenance Areas.
33.0932 Vehicle Collocations. 33,08103 Persons Authorized to Certify Compliance.
33.{3833 Rubbish
Collection and Transportation. 33,08104 Revocation of DENS Authorization to Perform
33,13834 Rutataish Collection and Transportation. Certifications,
33.0835 Nondornestic Wastes CollectionrTransportstion, 33.{181115 Minimum Requirements.
33,0836 Records Required 3108106 Permits Required.
13:0837 Equipment Required' 33.08107 Holding Tanks.
33,(1838 Vehicle Inspection. 33.08100 Administration, Enforcement„ Remedies, and
33.0839 Holding of Loaded Vehir{ Penalties.
33AW Identification of Employees. 33.08109-08119 (Reserved)
31.0641 Refuse from Outside this Jurisdiction.
3:3,0842 Flours of Collection.
33,0843 Office for Inquiries and th old Wpermis. Article 7. ion of Multiple Ownership Septic Systems
33: Power to Deny or Withhold Permit, '-
33:0815 Administration, Enforcemens. Remedies, and dons:
Penalties. 33.08120 Purpose.
33,0846-0849 IReservedi 33,08121 Authority:
33.08122 D finitionc
Amick 3. Liquid Waste(Saaitery) Pumpers 33.08123 Ownership and Control.
33.08124 . Conditions. Covenants, and Restrictions
Sections. IC:C.&R:s1.
33.11850 Purpose and Authority, 33.08125 Types of Percents.
33.0851 €)efinitsons. -13,09126 Requirements for DEMS Permits
33,08127 Existing DEHS Operating hermits.
I""
33:139129 Public Sewerrtg Entity, refuse is within four hundred 1400)feet of anti dwelling or commercial
33.091251 DENS Contracted Services. building,not for more than four tat weeks if beyond said distance,nor
33.09130 Placement of Ut litics. for any period of time beyond that specified by DENS where DENS
33.09131 Compliance Procedures. Remedies.and Penalties. determines a public nuisance exists.
33.08132-091,40 (Reserved)
33.08$ Storage Of Refuse.
All refuse generated on a premises shall at all times be stared in
Artiste g, Storage of Mawarve and approved coma aero in a maruser which complies with the provisions
Commercial F rt,41W Operations(CFO) of this Article
semens. 33. Refuse Containers
33:091411 Statement of Purpose and Authority. Containers used far storage sof refuse until collection and/or
33.09142 Definitions. transportation to an approved disposal site shall comply" +citta the
33:09143 Prohibition of Manure Storage Upon the Premiws following.
Where Manure is Produced. (a) Refuse containers shall be trade of a durable, waterproof
33,09144 Permits Required for CPQ. material.shall be watertight.and have a tight4iitting lid or cover,except
33,09145 Enforcement Activities. as provided for its(f)of this Section;
33.09146 Construction and Operational Requirements. (b) The gross weight of a single loaded refuse container
33:09147 Administration, Enforcement, Remedies, and; which must be manually emptied by a collector shall not exceed sixty-
Penalties. five(65)pounds.
(c) The capacity of a single refuse container which must be
manually emptied by a collector shall not exceed thirty-six(361 gallons.
Arnie I (d) Each person or entity shall provide sufficient numbers
REFUSE STORAIGE of suitable refuse containers to accommodate all refuse generated
between refuse removal dates.
33.091 Statement of Pu dad Authority. (e) Refuse containers provided by a refuse collection service
The purpose of this Article is to establish minimum standards for shall comply with the requirements of this Section unless specifically
the steerage of generally nontoxic/nonhaaardrius wash within this waived by DEHS upon Presentation of information demonstrating that
jurisdiction, the intent of this Article will be met.Such waivers may withdrawn
Pursuant to the authorit cited its Chapter 1 of this Environmental by DENS for cause,and upon providing written notice thereof,to the
Health Cade(E.H. Code), government ode Section 66700 et seri. refuse collector.
(Solid Waste Management and Resources Recovery,Act),Administrative (f) moll-off bins ars exempted from the provision for a
Code Title lel Section 17200 it seq. (Stella! Waste Management tight-flttint lid or rover„ provided any puttescible material is fully
Standards), and other applicable State law, this Beard/Council contained in closed plastic bags of equivalent and such roll-off bins
authorizes the Department of Environmental Health Services(DENS) are covered or otherwise secured to prevent the blowing out,or other
of the County of San Berniardinct to merry out the provisions of this loss,of the contents whether such bins are moving or stationary,.
Article within this jurisdiction. (g) It shall be the responsibility of tett' user of any refuse
container to ensure that Inds are ked tightly attached so as to completely
33.082 Definitions. close off the container and to keep such containers in a clean condition
Definitions herein shall supplement all definitions in Chapters l without excessive build-up of dinging,sticky,or encrusted wastes in
and 3 of this E.H. Code: or on the container'.
(a) "`Garbage" includes, but is not restricted to. every (h) wall reftase shall be Phiciett inside of, and so secured in„
accumulation of animal, vegetable,or other material: containers as to prevent access to blowage,littering,and scavt;tagin
(1) Resulting from the preparation and consumption of animals.
edible foodstuffs. or (I No dead animals exceeding fifteen(IS)pounds in"weight;
(2) Resulting from decayy, dealing, or storage of meats; human waste,infectious wages. does wastes,toxic wastes And/or
fish, fowl, fruits or vegetables, including the cans, containers, or dangerous materials(such as explosives)shall be placed in containers
wrappers wasted along with such materu ils; or for disposal with ordinary refuse.Infectious wastes,hazardous wastes,
(3) Such industrial, domestic;and organic solid wastes tonic wastes,"and other dangerous materials(including crankcase oils,
or residue of animals sold for meat;or solvents,plaints,or similar materials)shall be stirred and transported
(4) Fruit, vegetable and animal matter from kitchens, in accordance with Chapter 7(Hawdous Materials and Toxics Control)
diming rooms,markets,ford establishments or any other place using, of this E.H. Code and all:other applicable state and local codes..
dealing in or handling meats,fish,fowl, fruits,vegetables„grains,or
other foodstuffs; or 33.0#7 Phtement of Reftsir Contialt .
(S) Offal, animal excreta or the carcasses of animals. Placement of refuse containers shall be in accordance with the
fish or fowl. following:
(b) "Refust"includes both garbage and/or rubbish as defined (a) Refuse containers for residential pick-east service shall be
within this Article. plaited in a convenient and accessible location adjacent to a street orr
(c) `.Rubbish" includes, but is hast restricted to, all public thoroughfare not more than twenty-four (24) hours prior to
putrtscible and nonputrewible waste or debris such as paper.cardboard, scheduled pick=up and be removed from that Dation in not more than
grass, tree or shrub trimmings, rugs,straw, clothing, wood or wood twelve(121,hours after pick-up.Other locations are subject to approval:
products.crockery,glass,rubber,metal,plash,construction waste and by the collector and DEH&
debris litter and other similar materials. (b) At all tunes other than when containers acre placed for
collection service pick-up,they shall be stored away from the street and
33.093 Refuse Removal. in such a manner as to munintiae creating an environmental public health
Refuse removal shall be in accordance with the following unless nuisance to neighboring dwellings,rather structures and in accordance
modified elsewhere in this Code: with the San Bernardino County Development Code,or theppltate
(a) All refuse created, produced, or accumulated in or about development code of this jurisdiction.
a dwelling,house,or piece of human habitation shall be removed from (c) At no time shall either commercial or residential refuse
the premises at least onceeach seven(7)daffy period to an approved containers be placed in such a manner as to block access to a right•of,
disposal facility, way,eastniettt, public thoroughfare,or other designated area where
(b) All garbage created, produced. or accumulated at hotels, right to Access may be required for the public health„safety,or welfare,
restaurants, boarding houses, or other business houses where refuse (d) Where a residential customer Possesses a refuse bin, such
containing garbage is Accumulated,shall be retrieved from the premises bili shall be located upon the customer's prorty,in a manner that it
at least twice each seven('.)day period to an approved disposal facility. can be serviced safety by the collector's vehec from the public access
All other refuse shall be removed from the premises at least once each to flit property.Such customer shall place the bin so that visual.noise.
seven (7) day period to are approved disposal facility, or other impacts, and environmental public health nuisances are
ic) DEH a may require a greater number of collections per minimized,
week upon finding that site unhealthful,unsightly°,or public nuisance'
condatt€rn is created by adhering to the minimum collection fretl'uency; 310E9 Traasportation of Refuse(Nonpermfttxes)a
All vehicles transporting refuse shall be adequately-craw Bred and'or
33.094 Accumulation of Rubbish Prohibited. otherwise equipped to prevent the blouinout of refuse, leak;ng
,No person,owner, agent.entity, or occupant of any premises, liguids from refuse;or refuse failing from the moving�thicie upon iht
whether vacant or impro+ed, shall allow any accumulation of refuse roadway and adjacent properties,
to remain therecin for longer than thi�een(13)consecutive days if such
18
33 f ) 33.0923 Permits.
It shall be unlawful for a person or entity to operate a refuse
33,4111110 Adsishustrotiotti. Enforcement, Remedies. and Penalties. collection, refuse hauling, or other related activity, exceptwhere
It shall be unlawful for any person or entity to violate any provision exempted by this code, without possessing the applicable unexpired,
of this Article.Except as provided n,all administation.enforcement unsuspended,unrevoked permits)to do so issued by DENS and having-
procedures, riernedits.and penalties as to this Article shall generally paid fees to DENS uired by this Article,and as set forth in the County
proceed as is set forth in Chapters 1,2,and 3 of this E.W Code and of San Bernardinsolode Schedule sof Fees.
otherwise as providedbylaw. Types of collection permits required are:
fat —Class A Permit- shalt be required for any person or
33.t3tRtf-011ttt (Reserved) entity operating within this jurisdiction who collects, transports,and
disposes of refuse from residential stod/or commercial customers.This
permit shall be issued for specified refuse collection areas as defined
Article 2 __ in Section 33.0823 of this Article.
RE-FUSE COLLECTION (b) "Class B Permit" shall be required for any person or
entity who collects. transports.and disposes of nondomestic wastes.
33, ( ) Other than materials classed as infectious.toxic,or hazardous ray State
or Federal codes, within this jurisdiction;
31MI Ststemnrt of Purpost iiad Authodfy, to "Class C Permit" shalt be required for any person or
The purpose of this Article is to establish permitting requirements entity operating an industrial, commercial, or business enterprise of
and minimum standards for refuse collection and transportation within any nature,and who is regularly collecting,transporting,and disposing
this jurisdiction. of away from the person's or entity's premises refuse generated within
Pursuant to the authority circa#in Chapter 1 of this Environmental said industry. commercial,or business enterprise,and in an amount
Health Code(E.iM.Code).Administrative Code Title 14 Section I72W in excessof one(1)cubic pard per week,
et wq, "aste l4ianagement Standards),and other applicabit State (d) "Class D ,Permit" shall be required for any person or
law,this Board or Council authorizes the Department of Environmental entity who collects refuse entirely within the geographical limits of a
Health Services IDEMS)of the County of Sian Bernardino to Carry out municipality,special district,or from an officially designated central
the provisions sof this Article within this jurisdiction;, collection point,and transports such refuse to an approved location
for disposal.
33.0122 >i"3efliait
Denitirons herein
fishall supplement all definitions in Chapters 1 33.0824 Est tie
and 3 of this E.H.Code: Excepted tom the requirements of Section 33.11823 are:
(a) "Garbage" includes. but is not limited to, every (a) Those hauling refuse generated upon their own premises
accumulation of animal, vegetable,or other material. who produce coat(1)cubs yard or less of refuse per ween.This exception
(1) Resulting from the preparation and consumption of does not pertain to generation of niandomostic wastes.
itlible foodstuffs;or (Ru) ed in farming or agricultural operations who
(2) Resulting from duty"dealing, or storage of mutts, remove wastes from their own properties.
fish, fowl. fruits or vegetables, including the cam, containers, or (c) Those who generate,gather,collect,and remove materials
wrappers wasted along with such materials; or such as constuction debris,demolitionwastes,;card trimmings,or similar
(3) Such industrial. domestic and organic solid wastes materials'only.
or residue of animals sold for treat; or
(4) Bron, vegetable and animal matter from kitchens, 33.0:211 Refuse Collection Arcus.
diningmarkets.rood estab Isms nes or any other place using, (a) For the purposeof this Article; this jurisdiction shalt
dealing in or handling treats,fish, owl,fruits, vegetables,grains,or be divided into refuse collection areas.
other foodstuffs; or Such areas arty designed on these certain traps entitled
(3) Offal, animal excreta or the carcasses of"animals; "Refuse Collection Areas in San Bernardino County,"Such maps arc
fish or fowl, incorporated herein by reference and are on file with DENS and in the
(b) "Cis hauler" shall mean any person or entity who office of the Clerk o the Board or Council of this jurisdiction,
collects garbage, unmixed with rubbish, and transports it to a (b) Except as otherwise provided herein, it shall be unlawful
commercial garbage-feeding hog ranch or to a commercial ituabtishment for any person or entity,other than the permit holder(s), to operate
for Processsing, it refuse collection stiNict within any refuse collection arra.
(c) "Nondomestic wastes" shall include wastes which may tc) Any refuse collection area may be modified by the Board
be solid, semisolid, slurries, dust, nonpetroleurn oils. and related' or Council of this jurisdiction at any time should they find that such
substances at combinations thereof which constitute a potentially modification is necessary for the efficient conduct and operation of
dangerous health or environment risk to residents of this jurisdiction. refuse collectson in the area involved, In the event of such action, all
Nondomestic wastes may be determined as such by DENS upon finding permittees concerned shall begiven a'ten(10)day written notice thereof
that special transportation requirements are necessary due to the nature Ritftyrc such modification is effected by the Board or Council,
of the material,the intended disposal method,or the intended end use;
Said term shall not include any wastes classed as infectious,toxic, or 33.0826 Application, for a Permit or Ren will of a Permit:
hazardous by State or Federal statute. In addition to all the provisions of Chapter 2 of this E,1#-Code.
(d) ."Refuse" includes garbage and/or rubbish as defined the following are prerequisite to issuance or renewal of a perrnit:
wiihm this Article. (a) Procedure and Required Information for Class.A Permits,
It) "Refuse Collection Area" means those portions of this Applicants for a Class A Permit ora renewal thereof must complete
jurisdiction and of the County of San Bernardino designated on certain the DENS verified application form which shall include-
traps einitled "Refuse Collection Areas in San Bernardino County" '(1) Complete name and description of the applicant-,
including all amendments and changes thereto. which maps are (2) Permanent home address and business addresses of
incorporated herein by reference and are on file with DENS and in the flit applicant,
office of the Clerk of that Board or Council of this jurisdiction. (3) 'Trade, dba fictitious business„ and firer names the
(f) "Refuse Collector" means any person or entity eengaaged applicant operates under;
in the collection.transportation and disposal of refuse from commercial (sl) If a jaunt venture,partnership,or limited partnership,
establishments and/or dwellings within this jurisdiction. the namesofall participants and/or partners.If a co tion,the name
(g) "Kirfuse Disposal Operator" is synonymous with "refuse of each officer, the nature of their office or participation, and their
collector." Permanent address,and thtnarntand address cif the agent for the servtcr
(h) "Roll-Off Containers"" or "Pull-tan Containers" means of process.
any large deiachablt containers, twenty (23) cubic yards or more in (3) The location of all approved disposal sites that will
capacity,employed in a system or materials handling in which the loaded tae used together with a statement indicating that the material being
container is pulled onto the service+chicle mechanically and transported delivered to each slit for disposal will be within the ciassification limits
to an approved site for emptying, of that site,
(i) "Rubbish" includes; but is not restricted to, all (n) The geographical boundary of the area for which the
puirescrlolt and nonputresciblt waste or debris such as paper,cardboard, permit is to apply,
grass, tier or shrub trimmings, rugs, straw;clothing, wood or w ('t) Facts showing that the applicant is qualified to
products,crockery,glass,rubber,metal,plastic,construction waste and render efficient service.('This statement shall include an}prior experience
debris lister and anther similar materials. that will help establish the applicant's capability to perform this function_
for sehicit" means any truck, trailer, sem0railet, New applicants shall include written statement of net worth or other
conseyance,or other vehicle which has been designed and manufactured financial data that will establish the applicant's capability to discharge
sptofically for the purpose of collecitn ,hauling,and/or transporting a ptrrnittee,s obligations under the apphcablt provisions sof tests Arnett,d;
rrfuw upon public highwa)s or thoroughfares
19
(91 An applicant for a Class A Permit. if applying for (e) Permit Suspension and/or Revocation. 'Where DENS'
a permit to serve five hundred (500)or less customers, shall give the determines that any permit holder has not complied with the provisions
number of cumorners that the Class A applicant proposes to serve, of this Article and all other applicable statutes,ordinances.rules,and
(9) That the applicant owns or controls sufficient regulations,the permit may be::suspended or revoked in accordance with
refuse vehicles and other necessary equipment in good mechanical Chapter 2 of this E.H, Code:
condition to adequately conduct the proposed rcruse collection business (f) Statement of Ownership. The permittee shall filar a true
That the applicant owns or has access to suitable facilities for and correct statement of ownership with DENS at the time of permit
maintaining the vehicles and other necessary equipment in a clean and renewal each year under penalty of perjury.
sanitary condition.
(10) That the refuse or nondomestic waste collection/ 33,64828 Specification of Permit Arm.
transportation vehicles and equipment of iht applicant conform to all (a) DENS shall specify in all Class A refuse collector permits
applicable provisions of this Article; or renewals thereof, the territory within the refuse collection area in
(El) That the issuance of a permit is in the public interest which the permittee may colt refuse.No Class A refuse collector may:
in that it:is likely to satisfy an existing public need. at any time,Cotten refuse within this jurisdiction outside the ierritonal
(I2) Such other facts or information as DENS may limits fixed in the permit issued.The territory so specified in any such
reasonably require: permit may be modified by DENS if such modification is found to be
(b) Procedure and Required Information for Class 8 Permits. necessary for the efficient conduct and operation of refuse collection
(I) Class 8 applicants shall provide all the information in the territory involved,
set forth for Class A applicants in Subsections(a)(1).(2).(3),( ),(5), (b) Class B permit holders shall update their customer ser%ice
(6). (7), (9). (10), and (12)herein„and list at least every ninety(90)days and supply a copy thereof to DENS:
(2) Shall specify the name and address of every customer
proposedto be serviced by the applicant.nt 33.0829 Renewal of Petwiits.
(c) Procedure and Required Information for Class C Permits. (s) All Permits shall be renewed annually with the approval
(1) Class C applicants shall provide all the information of the Soared or Council of this jurisdiction.for a similar terra,provided
set forth for Class A applicants in Subsections(a)(1),(2).(3).(4),(5). DENS finds from the facts that the permit holder,during the period
(9), (10), and (12) herein. of the unexpired,permit, operated in conformity with the provisions
(d); Procedure and Required Information for Class D Permits. of this Anicie.
(1) Class D applicants shall provide all the information (b) if the Hoard of Council or this jurisdiction determines
set forth in Subsections(AXI).(2).( ),(4),(5),(9).(10),(11).and(12) that a permit is, and has been.inactive for thirty(38)days or more.
herein, and it may cancel such permit.
(2) Give the location of the disposal site, storage
facility,or place of utilization that will be used and a statement that 33.4830 ear A —»luerrait Nocessary to ES#W In
the material being delivered to the disposal site will be within the otfuse conection of iraf lift.
classification limits of the site. (a) Every new applicant who desires to engage in any activity
(e) Indemnification ,by All Applicants. As a contrition of of refuse or nondomestic waste collection,transportation,Issuing,or
DENS issuing a permit.all Applicants shall agree to appear and defend disposal within this jurisdictim,sW obtain a permit as provided herein
all anions against DENS and the County of San Bernsirdirto arising prior to »
cohr dng such activities.
out of operations under or beyond the of their respective is (b) Tor Council of this jurisdiction may deny ars
and shall indernnify.defend,and sage the County of San Biernardino. Application the grounds of infeasibility.Whenrotir a new application
its officers.employees, and agents Asirmlitss of and from all claims. is-filed under the provisions of this Article,for a permit to provide refuse
demands.actions.tar causes of actions of every kind and description collection service within this jurisdiction whatits already exist.
resulting directly or indirectly,arising out of operations under or beyond the Hoard or Council of this jurisdiction after e investigation may
the scope of their respective permits. fine/ and determine. as a matter of fact. that there doses not exist in
(f) Liability insurance. The,permittee shall obtain and keep the area sufficient potential source of Muse to justify the granting of
in farce during the term of said permit,general and vehicular liability an additional,separatt,and distinct permit for use within that refuse
insurance of at least three hundred thousand dollars (5300,000.00) collection area. Predicated on such findings,the Board or Council of
combined single limits for bodily injury,and property damage, and this jurisdiction may deny the application for permit on the grounds
Workers'Compensation insurance c 'ng all employees of the it that the granting of such new `t is not economically or financially.
holder.The County of San Bernardino s t bt named as an additional feasible and not in the public interest and welfare,
insured arta all policies shall contain a provision requiring written native
to be given to DENS prior to cancellaton,modification,or reduction 33.oa31 Ptnait Fees AM Charges for Service.
of limits.The amounts of insurance for general and vehicular liability (a) Permit fees, charges for services, and use of approved
shall be subject to review and adjustment by DENS annually at the County disposal sites.shall be paid as specified in the San Bernardino
DENS's caption. County Code Schedule of Fees
Issuance, Suspension, sod Revocation of Permits. (b) Payment of Permit Fees, Any of the fees pertaining to
33,0829 Issuance,
IaI Issuance. Where DENS finals that the statements in the this Article may be prorated on a quarterly basis when applied to an
additional vehicle for which a permit is requested.When a permittee
application arc true and that the applicant is reasonably capable of engages in refuse collection operations in more than one refuse collection
complying with f he provisions of this Article,DENS shall recommend area.a separate permit shall be required for each refuse collection arta
issuance of a permit for the Collection of the refuse. The proposed in which he operates.The minimum permit fee shall be as specified and
issuance shall then be approved or dented by the Board or Council of Moan 16.0213(BXAK15)of the San Stiritardino County Code Schedule
this jurisdiction. of Fees.
(b) Suspension and/syr Revocation,A permittee shall not , Monthly fees for vehicles shall be prepaid for the permit
sublet,subcontract,or in any manner allow any other person or entity year for which application has been made. Unused portions of such
to engage in refuse operations under permission of the permit issued. feet may be refunded, prorated on a quarterly basis.to the permittee
The permit issued may be suspended or revoked and cancelled at the in the event said vehicle(s) should be discontinued from use in the
option of the Board or Council of this jurisdiction in the event there business, upon proper written notice to DENS.
is a change in management ofany kind or stature of the operating (c) Transfer of'vehicle Permits. Where any vehicle operating
company or by the person to whom the permit is issued,unless Approval under a valid current permit is replaced by another vehicle,the permit
therefore has been obtained in writing from the Board or Council of may be transferred to the rep eat vehitcle upon payment of a transfer
this jurisdiction, fee as specified in Section E6»0213(81(al(ES) of the San Bernardino
(c) Change in Ownership. Requests for approval of a change County Code Schedule of F contingent upon an inspection of the
in ownership of any kind or nature in the operating company prof the new vehicle and approval by DENS.
business operating under the permit,shall be sutimitted in writing to (d) Basis for Permutea"s Charges. All permittees" charges
DEHS and approved prior to any such change before BENS shall act for services rendered by them shall be nondiscriminatory and Uniform
upon any request for a permit being issued to the new owners, for equal services rendered,Charges shall be reasonably based upon the
(d)i Payment of Insurance and/or Bond Premiums.A permittee number of containers, type sof refuse, whether compacted or loose;:
shall furnish DENS, prior to expiration or termination of the period number of separate pick-up points at any place of collection,placement
covered by premium payment when renewal is automatic,evidence of of container or distance of carryout, frequency of collection,remote
renewal and of full payment of the premium on required insurance location,geographical terrain,and whether residential,commercial,or
%overage and surety bonds. Noinreceipt by DENS of this information industrial collection:An inclusive rate schedule shafl be filed with BENS
shall result in the insurance,policy and/or surety bond being considered by:each permit holder as a condition of approval of any permit issued
to be sxpired and justification for the suspension: revocation or or renewed.
cancellation of the permit in the mariner set forth in this Article and
Chapter 2 of this E.W Code,
20
(e) Rate Adjustments, Annual and special rate adjustments 33-OM Vehicle inspection.
shall be made in accordance with the adopted policy of the All Pin'rhittee's equipment shall be subject to DEHS inspection
Board Council' of this jurisdiction. at any operating location„
(f) Reasonable Fees. Any subscriber who believes an
unreasonable charge has been billed for collection service, may file"a 33.0839 "Oldiall of Loaded Vehicles,
written complaint with DENS sating forth the facts of such alleged No permittee shall hold refuse or other waste in a vehicle longer
overcharge.DENS"I notify the refuse collector of such complaints. than twenty-four(24)hours,
and conduct a hearing in accordance with Chapter 2 of this EH,Cock,
if requested to-do so, to determine the reasonableness of the charge 33.0$4 Identification of Employees:eft.
for such service.in such a hearing,the subscriber shall beat the burden (a) DENS may require fingerprinting of an applicant's or
of proof by a preponderance of the evidence, permillet's employees.
(S) Verification of Fees. DENS shall review and maintain a (b) Any employee driving a permitiet's vehicle shall a, all
continuous evaluation of refuse collection operating costs ane(make times have A valid California DMV vehicle operator's license,
to6utionvijuatrom,to the Board or Council of this jurisdiction as to the (c) All permittees and employees shall wear clean clothing
reasonableness of a permit holder's fees and whether they Are of a uniform type when engaged in refuse or nondomestic waste
noindiscrimmating and uniform for equal service. collection,transportation,and/or disposal operations,
33.0932 Vehk*Specillevious, 33.0941 Refuse from Outside this Jurisdiaierx.
Vehicles used by Class A and Class Cl permit holders for the Every person Or entity engaged in refuse or nondomestic waste
collection or hauling of refuse shall be of a type designed and collection/transportation operations as hertio defined,who transports
manufactured specifically for such Purposes.as determined by DENS, refuse or nondomestic waste from outside this jurisdiction to in
and shall comply with the following minimum specifications,. Approved disposal site located within the County of San Bernardino
(a) All bodies shall be constucted of intral. All joints shall possess permit(s)as required by Section 31.0823 herein,from the
and seams shall be welded and leakproof. County of San Bernardino.
(b) Inside the mar door, there shall be a baffle plate not
less than two inches IV)hiah.The rear door shall be tight-fitting and 33.0$42 Hours of Collection.
not leak any contents of collected refuse. Permittees shall not collect refuse within a residential area or
(c) All vehicles classified over three-quarter (/a) ton by contiguous commercial area between the hours of 10.00 1),m, and
the manufacturer shall be equipped with a dumping hoist unless 6:00 a.m. the next day,
otherwise equipped with an automatic dumping mechanism.
(d) The pa rnittee's name or firm name, telephone number. 33.0843 Office tor Inquiries sod Complaitats.
and business street Address,shall appear in legible letters not less than All CUn A and 8 permit holders shall maintain an office at some
three inches(3")in height on both sides of the vehicle. rlxtd Place and shall maintain a locally listed telephone thereat.Such
(t) All vehicles shall at all times be maintained in a clean, listing shall be in the permitiet's name or in the rxtrtious business name
sanitary condition, and shag be weWpatinted. (dba)operated under. Such permit holders. from 8.00g.m. to 12.00
(f) Vehicles for CLUS 8 and Class C permit holders may be noon,and 1:00 p.m.to 5:00 pm.of each day except Saturday,Sunday,
exempt from some of the above specifications when reasonably and legal holidays.shall each have a comperent adult person present
appropriate to the public health and safety. at such office to answer inquiries and receive complaints.The itlep hone
(s) Upon sale of a refuse collection company holding a of the permit holder shall be on the uchanitt of the local area carved
CLUS A collection permit,the pure (s)may continue to use,upon or a tall-free number.The permit holder shall notify DENS in writing
payment of the required fen,any refuse collection vehicie(s)under a seven (7) days Prior to any change in business name, address. or
Class A permit to the sellats)and approved for use by DENS at the telephone number.Such notice shall set forth the corrected information.
time of the sale. Where a vehicle is not in compliance with current
specifications, as set forth within this Section, DENS may set a date 33.010" Power to Noy or Withhold Permit.
by which the vehicle must be repiaced or properly repaired,subject to DENS is empowered to deny or withhold a permit to conduct a
approval by the Board/Council of this jurisdiction.Such period shall refuse or nondomestic waste Collection service it DENS finds that E he
be not less than one(1)calendar year.All new or replacement vehicles vehicles or other equipment used or to be used in; ucting or operating
shall be in compliance with the current specifications of this Section. such refuse or nondomestic waste collection or transportation service
are insufficient, unfit, or inble of being used And maintained to
33.4933 Garbage Coillattion and Transportation. comply with the provisions 0 tThis Article.
(a), Garbage Collection, Vehicles collecting garbage,
unmixed with rubbish,shall be equipped with watertight metal tanks. 33.01110 Administration. Enforcement. Remedies, and Perutlties.
Such tanks shall be covered so that not more than one-half(14)of any It shall be unlawful for any person or entity to violate any Provision
tank can be uncovered at Any one time.The cover shall be fully closed of this Article. Except as provided herein, all admintstation,
while the truck is traveling between a place of collection and place of enforcement,remedies.and penalties as to this Article shall generally
transfer or disposal,All equipment used in collecting garbage,unmixed proceed as is set forth in Chapters 1.2,and 3 of this E.Fl,Codt,and
with rubbish, shall be cleaned and disinfected at least once daily, otherwise as provided by Law.
(b) Garbage Transportation. Vthicits transporting. but not
collecting garbage unmixed with rubbish, shall be equipped with 33-084-0949 Resented.
watertight metal tanks and shall be covered by a suitable metal cover
or equivalent approved method. All equipment transporting garbage
shall be cleaned and disinfected at least once daily. A riticte 3
33.U34 Rubbish Collection sad Transportation. LIQVID WASTE tSA.NITARY) PUMPERS
Vehicles collecting or transporting rubbish,or mixed garbage and 33.08M Purpose and Authority.
rubbish. along or on public highways shall be covered with a clean The purpose of this Anicit is to establish standards for permitting
tarpauiirt securely tied down over the entire load,or such other cover the operations of persons or entities servicing,pumping,or transporting
which will prevent spilling.All trucks collecting or transporting rubbish sanitary wit.stes,from septic tanks,cesspools,chemical toilets,sewage
mixed with garbage shall be of watertight construction. holding tanks, or other repositories of such wastes, to ,ensure that
environmental public health hazards,nuisances,and pollution do not
33.0935 Nontiont"ilk Wastes Collection/Transportation, occur as a result of improper handling or disposal,
Vehicles collecting or transporting nondomestic wastes shall be Pursuant to the authority cited in Chapter I of this Environmental
orit type and construction DENS determines nry for the particular Retain Code (E,H, Code), Water Code Section 13304 et seq_
waste to protect the public health And safety on a case-by-case basis, Government Code Section 66700 a!M(Solid Waste Management and
Resources Recovery Act).California talth and Safety Code Section
33.0836 Records Required, ISODOet seq.ISirwage and Other Waste)and Section 23 e seq.(Septic
All Class A, 8,and D permit holders shall keep,maintain,and Tank Cleaning Businesses). and other Applicable state Jaw, this
furnish copies of such operating records as DENS may require to Board/Council designates the Department of Environmental Heajih
ascertain compliance with this Article,All permit holders shall maintain Services(DENS)of the County of Sao Bernardino as the enforcement
a log of all complaints received for review by DENS, authority for the purposes of this Article within this jurisdiction.
33,083'7 Equipment Required. 310"1 Definitions.
r '^,,-sir-Oleoing or,transporting refuse or nondomestic waste Definitions herein are in addition to all definitions in Chapters
shall at all times carry in the cab:current California DMV Registration, I and 3 of this F.H. Code.
proof of current insurance.and the name,address,and phone number (a) -Chemical Substancts" means any substance placed in
of who to contact in cast of an accident or emrrgt-ricy. the waste receptaide of a chernicat toilet for the purpose ofomrolfing
odors and/or decomposition.
2
(b) -Chemical Toilet" means an enclosed unit intended for 33.0438 Nontrans(enbilify of Permits.
temporary use at a given location with a total floor space not exceeding Permits issued pursuant to this Article are nontransferable as to
thirty-six(36)square(w.The term does not include toilets in ramping any person at entity.
trailers or similar units whose primary intended use is recreational. A permittee shall not least,sublet,subcontract,or in any manner
(c) -Sanitary Wastes" means liquid or semiliquid wastes allowany person or entity to engage in activities regulated under the
contained within septic tanks,seepage pits,cesspools,sewage holding permit issued to the permittee.except as an employee of the peTrmtter.
tanks.of other repositories of human body wastes,or similar materials
which may contain human pathogens. 33.81111" Records said Reports.
Each permittee shall maintain accurate records of the location
33.Ml Permits and Hearing Proctdvres. where sanitary wastes are collected: the type,quantity, and location
It shad be unlawful for any person Of entity to PUMP Or Otherwise of all waste discharges pursuant to the permit for the present and last
remove the contents of a septic tank,cesspool,holding tank.chemical two (2) cstericnir years, and availsbit at the business office of in,:
toilet,or other receptacle of sanitary wastes or to transport sanitary permittee for DENS inspection any time during business hours.
wastes without an unexpired, unsuspended,unrevoked permit issued Additionally:
by DENS and having paid all fees specified in the San Bernardino (a) Such information shall be submitted to DENS for each
County Code Schedule of Fees.All procedures in Chapter 2 of this E.H. month of operation on forms approved or provided by DENS,by the
Code rtuaing,to permits/heirrings apply to this Article except as provided fifteenth (15th)day of the following month.
herein. (b) For chemical toilets only, the quantity of waste from
several units may be summarized on a daily basis if discharge is made
33.0953 Application for Permits. to a single disposal site.
When applying for a permit to comply with Section 33M52 of (c) DENS may require that such other information as is
this Code, in applicant shall complete in full an application form reasonably necessary and pertinent to ensure that the provisions of this
provided by DENS to include: Article are met.
(al Complete name and description of the applicant-,
(b) Permanent home address and business addresses of the 33.030 Disposal of Sanitary Wastes.
applicant; No sanitary wastes.including wash or rinse water used to clean
(c) Trade,dba,fictitious business and firm names the applicant the interior of the liquid waste hauter's vehicle tank,shall be disposed
operates under. of at any location which is not approved by DENS.and which does
(d) If a joint venture,or a partnership or limited partnership, not Meet tither or both, as applicable.the following conditions-,
the names of all participants/partners. If a corporation,the name of (a) The current unrevoked Waste Discharge Requirements for
each officer, title, and the nature of their participation, and their the treatment and/or disposal of liquid.wants from the appropriate
perhasnem address,and the name and address of the agent for the savice California Regional Water Quality Control Board.
of process. (b) A current, unrevoked soUd waste disposal site permit
(e) The location of all approved disposal sites that will be used; sanctioning the disposail of septic or other liquid wastes from the
in Facts showing that the applicant is qualified to render California Solid Wade Management Boaird
efficient;servicm.This statement shall include any prior experience that
will help establish the applicant's capability to perform this function; 33.0661 Roquired Health sad SolaitY f4salodbeld.
where the'applirant has provided a similar service in Any other Every vehicle requiring a permit by this Article shall at all times
jurisdiction,a letter from that local health authority shall be included. of operation have necessary equipusew as determined by DENS to
(g) Facts showing that the applicant owns or controls vehicit(s) protect the public health and safety.
and equipment that conform to all applicable provisions of this Article-,
(h) Such other information as DENS may reasonably require, 33.011162 Clestallom sad Markinp for Veticles.
pertinent to the applicant's capability to carry out the permitted activity. Eve"vehicle requiring a permit by this Article she at alt times
be operated and kept in a clean,well-maintained condition.Each shall
33.011115ill Issuance of Permits. be marked on each side with the name,address,and telephone number
DENS shall act upon Permit application within thirty(30)days. or the pernsittee,in letters a minimum of four inches(4—)in height.
The certified volume of the tank shall be placed upon the tank or vehicle
33.085S Liability Insurance. in minimum four(4)inch numbers. All,such markings shall be kept
A permittee shall obtain and keep in force during the term of the legible at all times.
permit,geocral and vehicular liability insurance of at least three hundred
thousand dollars(S3W,000.00)combined single limits for bodily injury 33.OW Sanitary Wastes, Hanedow unflor Toxic Wastes and
and property damage,and Workers'Compensation insurance coverin materlials.
all employees of the permit holder,The County of San rdints Vehicles approved and registered for the transportation of
be named as an additional insured and all policies shall contain a hazardous materials or wastes as defined by California Health and Safety
provision requiring written notice to be liven to DENS prior to Code Section I5411(9c) or 25117, or which otherwise transport
cancellation, modification, or reduction of limits. The amounts of hazardous materials or wastes,which also transport sanitary vastes.
insurance for general and vehicular liability shall be subject to review are not exempt from the requirements of this Article,including payment
and adjustment by DENS annually at DEHS's Option. of annual ins tion fees asset forth by San Bernardino County Code
Schedule of Fees.
33.0856 Renewal of Permits.
Permits may be renewed annually where DENS finds that the 33,01116A Administration. Enforcement. Remedies, and Penalties.
Permit holder,during the period of the unexpired permit,operated in It shall be unlawful for any person or entity to violate any,pro,ision
conformity with the law.Renewal procedures shall generally follow the of this Ankle. Except as pTovidtd herein, all administration,
provisions of Chapter 2 of this E.H. Code. enforcement,remedies,and penalties as to this Article shall gentrafly
proceed as is set forth in Chapters 1,2,and 3 of this E-H. Code and
33.0357 Denial. Revocation, and Suspension of Permits. otherwise in the Manner provided by law.
DENS may deny,revoke,or suspend a Permit for any one or more
of the following causes pertaining to conduct of the ap licam or Permit 33.096S4M9 (Reserved)
holder:(1)Where falsified information is submitted to SaNS in a permit
application,report(%),or correspondence,(2)Where false information
is submitted to DENS on a material question: or (3) Federal. State,
or local laws or regulations ptrtairting to the collection,transportation, Arlide 4
or disposal of liquid wastes art violated,or the issuing of a DENS.permit SEWAGE HOLDING TANKS
may create such a violation.
(a) Upon determining probable cause for the denial,revocation 33.0870 Purpose and Authority.
or suspension of a permit, DENS shall give written notice to the The purpose of this Article is to ensure that sevialle holding tanks
applicant or perintitte to show cause why the permit should not be are installed and utilized so as not to create a danger to the public health
denied, revoked, or suspended,and conduct a hearing if requested in or safety. Pursuant to the authority cited in Chapter I of this
accordance with the provisions of Chapter 2 of this E.H. Code, Environmental Health Code(E,H.Code).California Health and Safety
(o) A person ear entity whose permit has been denied or revoked Code Section 1,5000 et wq, (Sewage and Other Waste), ane aine'r
pursuant to thisSectionshall not be considered by DENS for a permit applicable State law,this Board/Council ditsignaits the Department of
until after one(It year from the date of such denial or revocation,After Environmental Health Services (DENS) of the County of San
three 0)such citnistis or re%ocations,or combinations thereof,no new Bernardino as the enforcement authority for the purposes of this article
permit shall be granted to such applicant. within this jurisdiction.
2.1
13."71 33.4VS Requi"d Alt reensents with Property Owners.
Definitions herein shall supplement all definitions in Chapters I Written agreements covering(lit,following 0ail or sailsfactor;1N.
and I of this E.H.Code, completed and signed by all Property Owners utilizing the proposed
(a) "Applicam"or-Properry Owner-shall refer to the person sewage holding tank,and flied with DENS prior to the issuance of any
or entity who is the Owner of record of the land for which a permit DENS permit.
for a sewage holding tank has been sought. (a) All sewage of the property shall be discharged to the
(b) "Contamination"Means an impairment of the quality of proposed sewage holding tank.
water Of flit County"wastes or other degrading elements to a degree (b) A written contract with a septic tank Pumper shall be m
which creates A hazard 10 the Public health through the possibility of effect at all tint"after installAticin to service the sewage holding tank
poisoning or the spreAdirif of distasir� on a regularly scheduled basis sufficiently often to avoid any overflow
0 *'
( Divrict" that mean any sanitation district governed by or other public health hazards being created.
this jurisdktion, (cl That if the property owners fail to correct any problem
(d) "On-Sitz wastewater Disposal District"or-Zonit"means or maintain the system at the Proper level of sanitation within forty.
Any district Or zone formed pursuant to Section 1. Chapter 3 eight(48)hours of being given notice by DENS,the property owners
(commencing with Section 6950)of Pan 2 of Division 6 o the California agree to allow the County of San Bernardino or its agent to enter the
Health and Safety Coat for the purpose of managing and/or property,correct the pivbiem. And to maintain the systems.all At the
maintaining On-site sewage disposal systems,including sewage holding expense of the property owners.
tanks, (4) That the property owners understand that the appropriate
W "Pollution" means an Alteration of the quality of the Regional Water Quality Control Board may adopt tufts or regulations
waters within this jurisdiction by waste to a degree which adversely that would prohibit or curtail the use of holding ranks,thereby rendering
affects.(1)Such water for betitfletat uses,(,2)Facilities which serve such the property unavailable for Occupancy by the owners until sewers are
beneficial uses. "Pollution" MAY include "contamination," available and connected, and it such action is taken by any agency
(f) -Septic Tank Pumper" shall refer to those subject to outside the control of the County of San Bernardino, the propefiv
p
Article 3 f this Chapter and holding such DENS permit. owners shall hold the County of San Bernardino harmless from the
(s) "Sewar"means a combination of liquid wastes which may results of such action.
include chirmic2lis,house waste,human oxcrtta.animal or vit etable (t) That as $000 as sewage collection lines are, available for
matter.And Other solids in suspension or solution,which is duiccged service to the propertits utilizing the sewage holding tank,the owners
from a dwellms,buildint,or other establishment. thereof shall connect thereto and abandon such sewage holding tank
(h) "SewitSt Holding Tank" means a -watertight-covotred in accordance with(lit Provisions Of Section 33-0879 of this Article,
receptacle designed to receive,and temporarily store,the discharge of (f) That if the Properzies are sold. the new property owners
sewage prior to id periodic removal Of its contents Toart Approved are given written notice of the conditions of the permit from LIENS
permanent dizpossite. that is required before ocicupancy of the properties,and that such permit
0) "Sewering Entity" shall man any public agency which is not transferable to the ownm
operates wwW collection and treatment facilities.
33.0176 lboiogg.
33.OM Use of Smote Holding Tanks Restricted. Ptraidia DEVIS may require a cash bond Of up to one hundred dollars
R"ah". (SIMOO)be posted with the appropriate agency to be utilized itt the
No person at entity shall install,utilize,or control the use of Any event that that agency is requested by DENS to correct any problem
sewage holding tank within this jurisdiction for the confinement of the property owner has failed to ocirrm within forty-eight(48)hours
stwalt dischaned from A dwell business establishment,or other of being given notice by DENS:
facility except upon conditions praided in Section 33.0973 herein and
possessing current unsuspendint,unrevoked construction and operation 3, Stand"is.
permits to do so froth DENS W the procedures set forth in Chapter 2 The standards for the design criteria, location, and installation
of this E.H.Code and paying fees to DENS per the Sin Bernardino of the s"ligir holding tank shall be those contained within the County
County Code Schedule of Fees, of San Semardinct Department of LAnd-Maragement.Off ict of Building
and Safety's handout titled, -Guidelines for Design and Installation
33.0873 Cooditions for Constriscrioa#A4,0perational Permits. of Temporary Sewage Wage Holding Tanks," or the equivalent
A permit to install[and utilize a sewage holding tank May be$ramed publication of this jurisdiction incorporated herein by reference.Implies
by DENS upon the following conditions. of which art on file in the Office of the Clerk of the Board or Council
(a) The property for which the Permit is requested is within of this jurisdiction.
the boundaries or sphere of influence of as district or sewermS entity
trd,t
which has air to Assume all responsibilities for proper monitoring 33.4M Contract with Septic Tana Pumper.
And maintenance Ora sewage holding tanks thereat pursuant to Section A copy of the,current maintenance contract with a septic tarot
33.0874 hereirt and such agrevnent is on fila with DENS. pumper required pursuant to Section 33.087$herein shall bit placed,on
(b) All required agreements pursuant to Section 33.0975 of rite with DENS and shall include the follownil;terms:
this Article have been filed with DENS. (a) A minimum of one (1) inspection of the sewage holding
(c) Any required cash bond of Section 334876 herein has tank per month with servicing tpumping)as necessary,
been posted with the appropriate agency. (b) That the Pumper shall provide all emergency servicing
(d) The local Building and Safety Authority of this jurisdiction required,
has reviewed the proposed installation and found that the standards (ic) That in the event the contract is cancelled or property-
adopted in Section 33-OS17 of this Article have beenmet. ownership changes, the septic tank pumper shall immediateiy notify
DENS therecif.
33.06114 Itinstibeig Agetientants with District car ring Entity,
Nothing in this Article precludes the sewerlita entity of district 33-011" Alitodisasnavit of Sewage Holding Tanks.
from providing direct services,contracting with Another stwenng entity At Such time as DENS of any Agency orders the abandonnittit
or district,or with a private agency to carry out the provisions of this of thttewASt holding tank or connection is made to sariiary Sewers,
Article. the permittee operatinga sewage holding tank shall abandon the sewage
The following written agreements shall be satisfactorily compitted holding tank by having the contents removed from the property by
and signed by the Appropriate official representing the sewering entity, septic tank per and either:(l)Removm#the tank from the property;
and filed with DENS prior to the issuance Of lay permn. or(2)Backfilling the tank with it material Acceptable to the Appropriate
(a) That the property Is within the boundaries or sphere of Building Off ial of this jurisdiction,The Abandonment operation shall
influence of a district or sewerl"S entity. lit conducted under a valid permit from the Building Official of this
to) That the district or '"wering entity agrees to rectivt jurisdiction.
sewage and waste water from the,applicant's holding tank join its
sanitary sewer system, 33.OW Violations. Rtmedi",And petallits,
(c) That the number or sewage,holding tanks permitted by the 11 shall be Unlawful for any person or entity to violate any orovmon
district or wwrturt entity is not "cftdtd by the Addition of the of this Anictir. Except as provided htrejn" all admirtisttallon,
applicant's Proposed sewage holding tank„ enforcement,rerredies-and penalties as to this Article shall grnerally
to) That the stwitting,entitY or district agrees to hold any proceed as is set tort!in Chapters 1.3.and 3 of this E,H,Code,and
bond required as per Section 33,0916 and.upon referral by the Director otherwise As provided by law,
of DENS, utilize said bond to cove txptrists to tender such service
As necessary 90 eliminate any hazardous condition created by the 310"l-08" (Reserved)
at)Pfitartt's sewage holding tank,
-13
Ariitla*� 33.0897 Soil Testing Administration.
LIO1.ID WASTE DISPOSAL shall:Persons performing soil percolation tests for review by DEHS
33,0090 Purpose and Autbority" (a) Beregistered or certified as one or more of the following:
The purposeof this Article is to set forth criteria and standards 0) tate of California Registered Civil Engineer.
for the installation of liquid'waste disposal systems to minimize hazards (2) State of California Certified Engineering Geologist
o watt,quality,aha public health,and safety.Pursuant to the authority (3) State of California Registered Sanitarian,
cued in Cha pter l of this Environmental Health Code fE.H. odt). (d) Equivalent professional registration/certification
California Health and Safety Code Section I et stq.(Sewage and as shown upon petition to DEHS.
Other Waste). Water Code Section 13320 et seq,. ('Wastewater (b) Be registered with, and have demonstrated to DENS;
Reclamation)"and other applicable Stare law,this Board or Council competence in soil percolation testing and liquid waste disposal system
designates the Department of Environmental Health Services(DENS) design.
of tett County of San Bernardino as the enforcement authority for the 33. Revocation by DEHS of Tasting Privileges.
purposes of this Article within this jurisdiction,
Any tester may have DENS testing privileges revoked or suspended
33.091 Definitions. for:
Definitions herein shall supplement all definitions in Chapters l (a) Having lost the required State of California Registration,
sad 1 of this E.H. Code. Certification under Section 13.0897 above.
(a) „Liquid "Waste" includes,the term "sewage" and means (b) Having provided falsifted material information to DENS,
ester which has undergone domestic use. Administrative hearing procedures for the revocation or suspension of
(b) "Mountain Areas" means those areas included within the any DENS testingrnvileges shall generally proceed as is set forth in
boundaries of the San Bernardino National Forest and of the Angelus Chapter 2 of this H, Code.
National Forest, 3} Adaasinisttrttian" Enforcement. Remedies,and Penalties.
(c) "Seepage pits'" means lined excavations"in the ground It shall be unlawful for any or entity to violate any provision
which ora so designed as to permit the effluent received from the septic:.
tank to seep through ail excavated surfaces. of this Article, Except as provided herein, all administration,
enforcement, remedies,and penalties of Chapters 1,2",and 3 of this
33.8811111 Approved Liquid Waste Disposal SysteanS. E.H.Code shall apply to this Article in addition to all others provided
No person of entity shall install,utilize,or control the use of any by law.
liquid waste disposal system within this jurisdiction except that it be:
(a) A system which complies with applitable portions of the Arte 6
Uniform Ptumbirtg Code as adopted by this jurisdiction: unless in DPSINA MAINTENANCE AREAS with the adopted DENS Soil Percolation Deport Standards or
a system which has been approved by DEHS and the Building Authority33.08100 Pvrpw sail Autbotrity.
of this jurisdiction; or
(b) An alternative liquid waste disposal system which has (a) The purpose of this Article is to establish criteria and
been approved by DEHS and the appropriate Building Official of this minimum requirements for the disctwgir of sewage effluent from DEHS-
iurisdiction as protecting the water quality,public health,and safety, approved on-site individual waste disposal system within Designated
Maintenance Areas as listed in Section 33.061M of this Article without
33. 3 Permits for Alternative Liquid"Waste DIsposW Systems. endangehng the public health and safety.
No person or entity shall install any alternative liquid waste In enacting this Article, the Board or Council of this
disposal system without first obtaining a DEHS permit to do so and jurisdiction has determined that the Designated Maintenance Areas as
paying those fees to DEHS as is set forth in the San Bernardino County fisted in Section 13.08102 of this Article have unique topographical and
Code Schedule of Fees. hydrogeologic conditions which require the application of the provisions
set forth herein in order to protect the public health,welfare,and safety-
33.U% Liquid Waste Disposal System Location Rcgn +eats. (b) Pursuant to the authority cited in Chapter I of this
Location requirements shall be as stated in the DELIS publication Environmental Health Code(E.H.Code),California Health and Safety
"Minimum Requirements for Location of a Liquid Waste Disposal Code Section IsO00 et seq. (Sewage and. Other Wastes), and other
System."on rile with the Clerk of this Board or Council under the date applicable State law,this Hoard or Council designates the Department
of January 20, 1981,as the same may be amended by DEHS from time of Environmental Health Services (DEHS) of the County of San
to time and approved by the Board or Council of this jurisdiction which Bernardino as the enforcement authority for the purposes of this Article
is adopted here. All Liquid weste Disposal Systems within this within this jurisdiction.
jurisdiction shall be installed only in compliance with such minimum
stands unless the conditions of"a DENS-issued permit otherwise 33.08101 Definitions.
allows. Definitions herein shall supplement all definitions in Chapters I
and 3 of this E.H. Code.
33.0895 Mountain Areas. (a) "Owner,'" for the purpose of this Article only, means any
Because of special conditions for liquid waste disposal in the person or entity who owns property, including improvements and
mountain.areas, the following standards shall apply; possessory interests on U.S.Government land. from which sewage as
(a) Those standards stated in the DENS publication "Liquid generated or discharged.The terra shall not include persons who hold
")waste Disposal System Approval for the San Bernardino Mountain a right,title,or interest in such property for security purposes only.
Areas,"on file with the Clerk of this Board or Council under the date' (b) `Sewage," means any liquid waste which may include
of January 20, 1981,as the same may be amended by DE HS from time chemicals"household waste,human excreta,animal or velimbdt matter
to time and appproved by the Board or Council of this jurisdiction,have in suspension or solution, and which is discharged from a dwelling,
been filed in este office of the Clerk of the Board or Council of this building" or other establishment,
jurisdiction which is adopted here by reference.All liquid waste disposal (c) "Witte Disposal-System" means any process by which
systems in mountain areas shalt be installed'only in compliance with sewage is collected" treated"or disposed of by subsurface means: For
such standards unless the conditions of a DENS permit:otherwise allows, the purpose of this Article,the term shall not include sewage holding
(b) Installation of seepage pits in mountain areas of this tanks as defined in this Chapter.
jurisdiction is prohibited. (d) "Failing System"means a system which allows surfacing
of effluent or septage, or backup of septage toward the fixtures.
33, Soil Testing Requirements. 33,x8103 Designated Maiateaaaaer Aeras,
`here insufficient data exists on file with DENS as°to soil g
percolation rates at the site of the proposed liquid waste disposal system, The following Areas are Designated Maintenance Areas as deemed
DENS may require soil percolat ton testing.Testing shall be as directed by maps on rile with the Clerk of the Board or Councii of this
by DENS and in compliance with the current DHS publication jurisdiction.
""Percolation Test Report Requirements""on fide with the Clerk of this. (a) U.S. Forest Service Poliqe Canyon Tract;
Board or Council,under the date of Augusc 1994 as the same may be (b) U.S. Forest Service Lakeview Tract.
amended by DENS from itme in time and approved by the Board or (c) San Bernardino County Service Arra No,'gyp,ImproNe ent
Council of¢his jurisdiction which is adopted here by reference, DENS Zone 54.
may charge fere for rtvitw and/or soil percolation testing drone by DENS' (d) San Bernardino County Service Area leo.*() Improwrmtris
or its agtnis as set forth in the San Bernardino County Cade Schedule Zone S-3,
of Fees, (e) San Bernardino County Service.Area NO.10.!mpro�emeW
Zone -o,
14
ff) U,S. Forest Service Pine Knot Tract. *includes porches and Steps whether Covered or
(#) U.S. forest Service Metcalf Creek Tract uncovtrtd, drer;e»°ays„ ragfed porte-cocheres,
(h) U. S- Forest. Service Big Beat Tract,:, roofed patios, carports, covered walls, covered
(i) U.S. Forest Servicwt Willow Glen Traci. drivtw%kvs.and sunder structures or appurtetrances.
33,04103 Persons Authorized tan Certify Compliance. "*Att v tree with o trunk diameter of One fool or ono,
Any person possessing one or more of the following qualifications ""*It'he highest known level to which,ground warier is
may certify compiianct of a waste d isposal system with the requirements known to have occurred rather than the level at the
of this Article.if such person is first registered with DENS to do so: time testing occurred
(a) State of California License as a C-e2 Contractor,
(b) State of California Registration as a Civil Engineer. (9) Special Requirements.
Sate or California Registration as a Sanitarian, (A) Special Soil Conditions.
(d) State of California Certification as an Ensimetring Geologist. (1) Percolation rates of less than fine (5)
minutes/inch may require substantial increases in the minimum
33.08104 Revocallos of BENS Amthatizatloat to Perform separations normally applied.
Certifications. (ll) Special sail conditions may require special
Any person authorized by DENS to perform certification of solutions and must be considered on a case-by-cast basis by BENS.
compliance with this Article may have such authorization revoked or (B) Special Discharge Conditions.
suspended for. (1) Protection of special resources,(drinking
(a) Having least the status required under Section 33.081(}3 above. water supply, recreation arta, lac.).
(b) Having falsified any information to DELIS on a mattrial (ll) Fractured rock,
question. Administrative hearing procedures for the revocation or (lli) Other limitations requiring special solutions
suspension of any DELIS certification authorization shall generally will be considered on a case-by-cast basis by KEENS,.
proceed as is set forth in Chapter 2 of this EH. Code, (b) Fart It W— Review Inspections and Maintenance. All
existing liquid waste disposal systems within a designated maintenance
33.03105 Minimum Requirements. area shall be reviewed to determine compliance as follows.
No person or entity shall install, construct. utilize, modify, (1) Categories of Initial Review and Compliance Schedules;
taut,or abandon any liquid waste disposal system within designated (A) for systtms installed under permit after December
maintenance areas of this jurisdiction except pursuant to the minimum- 31, 1984,only a limited initial inspection will be required to determine
requirtrntnis hereinafter set forth,and of the Uniform Plumbing Code the systems are functioning property and not failing.
as adopted and amended by this jurisdiction, (B) For systterns installed prior to 1)365 and where
(a) Part 1 — Standards Generally. The basic standards and documentation provkied to DENS substantiates compliance with current
criteria for liquid waste disposal within designated maintenance areas standards.only a limited initial inspection will be required to determine
shall be as follows: such sysstims are functioning property and not failing,
(1) Septic tank and leach field systems shall be the (C) Undocumented systems shall require an on-site
preferred method of individual on-site sewage disposal. Excerptions.: c0eitification inspection by a DENS'registered inspector to substantiate
modifications,and alternative systems will be considered petition' compliance.
to DENS on a case-by-cast basis. (D) Absent such foregoing review and gertifcatibri,
(2) All liquid waste disposal systems shall have an initial nonfailing systems shall be deemed in noncompliance and shall be
review to determine compliance with thesestAndards within ori(1)year upgraded to meet current standards within three(3)years after adoption
of the date of adoption of the same:within three(3)years of adoption, of these standards.
systems shall be in compliance with these minimum standards,All failing (E) All systems shall be reviewed initially and every
systems shall be in compliance within thirty (30) days or less as two(2)years thereafter by DENS or its agents for evidence of failure:
determined by DENS, All failing systems shall be brought to code compliance within thirty
(3) Chemical toilets shall not discharge to ran-site (30)days or less as determined by BENS to protect the public health
disposal systems; and safety,
(d) Pit privies are prohibited, (2) When any initial limited or cenidtcation inspection
(5) Cesspools are prohibited, is required,it shall be performed by a person registered(registrant)with
(6) No new or replacement liquid waste disposal system DENS for.that purpose.
or the discharge component of that system shall be placed or installed (3) where only a limited initial inspection is required.
on land with a ground slope greater than thirty percent(30%)unless tate registrant shall certify the system is in compliance and acceptable
engineering data is printed to BENS to show that no surfacing of for continued discharge prior to permit issuance
effluents or contamination of groundwater will occur. (4) Initial certification inspection procedures shall include:
(7) Percolation rates shall conform to the requirements (A) Verification of the type of system (e,g.. septic
adopted by this jurisdiction. tank/leach line system).
18) Minimum separations shall be as follows: (B) Verification that the capacity and construction
(A) Septic tank ter: of the septic tank comply with the requirements of that edition of the
Water supply source 50 ft uniform Plumbin Code adopted and as amended by this jurisdiction.
Buildings or structures* 5 ft. An accurate plot plan showing the location of
Perennial streams ., ..,..,. so it. the liquid waste disposal system components relative to all
Ephemeral streams .:.......... ..... 30 ft. improvements, buildings, large trees, and significant boulders and
targe trees'* .,, to ft, showing that the distance from banks of all perennial and/or ephernerai
Disposal fieldts).............:....,.., 3 ft. steams to the nearest portion of the disposal system discharge is in
Privatt domestic water lints compliance with the requirements of the Code of this:jurisdiction,
(Building service line),....-<.,,...,. 5 it (D) Verification that all liquid waste discharges are
Public domestic water lines made to an approved liquid waste disposal system,
(Water purveyor's lint)..... .,,..:. 10 ft, (E) Verification that the dimensions and absorption
(B) Soil absorption systems to: area of the soil absorption system are per the currently adopted and
Nater supply source 100 ft as amended edition of the Uniform Plumbing Code of this jurisdiction.
Building or Structures" 8 ft: (F) Data showing that separation between the bottom
Perennial streams I(*ft, of the soil Absorption system and the high ltvti of groundwater is five
Ephemeral streams .:............. 50 ft, (5) feet or greater sof suitable soil.
Septic tank 5 ft. (G) Data on special soil and discharge conditions
Distribution box ......... 5 ft. requiring special solutions, when applicable as required b% BENS.
Private domestic water lint ' (5) Biennial s rvty inspection procedures for failing
(Building service lint) ....: 6 ft; systems shall include;
Public domestic water. lint 10 ff. (A) Review of the plot plan for any changes since
High ground water table level***,. 3 ft. the previous inspection.
Ground surface on sloping ground (B)' Inspection of (lit liquid waste disposal system
t"wt+'htn disposal field are installed and site to determine if the system is failing.
in sloping ground, the minimum lC) Review of arty alternate liquid waste disposal
horizontal distance between any sysitm,
para of the leaching system and (13) At least rourteen (141 days prior notice of the
ground saarfact shall be 15 ft.t Is ft: wurwev dates by DE14S placing a legal advertisement in a local nvA Spaper
or by rather suitable means of public notification,
(6) System maintenance requirements for all systems 33.031:21 Authority.
Shall include: Pursuant to the authority cited in Chapter I of i his Environmental
(A) Verification Submitted to DENS prior to permit Health Code(E,W Code).California Health and Safety Code Section
issuance Or tensw&I indicating that the system has been pumped at least I S000 et seq.(Sewer and Other Waste),and as otherwise provided by
Once every six(6)years and more often as required. or law,tate Department of Environmental Health Services'(DENS)of lht
(8) In lieu of dumping,an inspection of the system County Of San Bernardino shall enforce the provisions of this Article
by a rogistrant a least owe every six(6)years and certification to DENS within this jurisdiction,
that tht system does not require pumping,or corrective action.
(1) Permit Requirements. 33,08112 Deftailionis.
(A) All generators of liquid wastes shall possess a Definitions herein shall supplement those in Chapters I and 3 of
valid permit to do so as provided by this Article within one(1)year this E.H, Code, except that for Purposes Of this Article:
of the'adoption of these standards. (a) -OwtIling Unit" means any building or portion thereof
(8) Permit applicants With systems in COMPRAVICt which contains living facilities,including provisions for sleeping,eating,
shall be granted regular permits.Applicants with noncompliance(but cooking, and sanitation, as the primary use of the building, for not
noofailms)"am shall be granted temporary permits to operate until more than one(I) family.
such date that the systems are required to be in compliance. (b) "Multiple Ownership Septic System"means a mutt iple-ust
(C) Permits shall be renewed every two (2) years, septic system which sorvicts, two or more dwelling units even if the
Temporary permits art not renewable. ownership of the system is not equal.
(c) Part fit — Special Requirements for Certain U.S. Forest (c) "Owner"means any person or entity who owns property,
Service Tats.All requirements contained within this Section 33.08105 iticiudin#improvements and possessory interests on U.S.Government
as modified herein by Part III shallapply to the U.S. Forest Service land, from which sewage is generated or discharged and includes a
Tracts listed in Section 33.08102 at(a).(b).(f).(S),(h),and(i).These homeowners'association incorporated to manage the affairs of a group
spechall requirements do not apply to new construction or Additions equal of propeny owners with interests in one(1)or more common septic
to or exceeding fifty percent(50%)of the floor area of the structure systems,The term does not include a persotsar entity who holds fight,
involved. tifle, or interest in such property for Security purposes only.
(1) Septic tanks serving existing structures shall be (d) "Public Nuisance" shall be As defined at California Civil
five hundred(500)gallons or more.Any replacement components to Code Section 3479 Its seq.. Penal Code Section 370. and Sections
a septic System shalt conform to the curently adopted edition (as 33.032(aX5)and(12)of this E.H. Code,
amended)of the Uniform Plumbing Code of this jurisdiction. (e) "Public=Operating Agency"means any public Agency which
(2) Special Considerations for Existing Structures with *1411111"responsibility for tht Physical operation,maintenance.arid/or
Limited Water Supply. repair of Septic systems regulated by this Article.
(A) Where the owner of a structure can document M "Septic System"means a sewage disposal system consisting
that piped water under pressure is not available to that structure,an of a septic tank and a soil absorption system which conforms to the
alterrAtivt sewage disposal system may be Approved by DENS. codes of this jurisdiction.
(0) Where an Adequate domestic water supply is
avaig"or becomes Available,the owner Shall provide piped domestic 33.09123 Ow imel Castrol.
water to the structure and comply with the provisions of this Section. Multiple Ownership septic systems shall be owned,operated,and
(3) Adverse Site Conditions for Sewage,Disposal.Where maintained by a property owners' association or homeowners`
adverse site conditions will not allow installation of'a septic system in association which has been incorporated under the laws of the State
conformance with this Section for An existing structure, DENS may of California and has compiled with the requirements of this Article,
approve an Alternative sewage disposal method until such adversities
cease to txist� 33.01111124 C*Sdi"m.Coveftfutts. OW Restrictim(C.C.&R.'s).
This C.C.&R.'s of each property owners'association or home.
33.08146 Permits Required. owners' Association shall include DEIRS-approved provisions for
NO person or entity shall install, constuct, utilize, modify. obtaining and collecting from the membership.any funds necessary for
maintain.or abandon any waste disposal system within the Designated operation,maintenance,and repairs to their septic system. Proposed
Maintimance Areas except within unexpired,unsuspended,unrevoked C,C.&R.'S shall be reviewed and approved by DENS before bcoonSing
permit to do so from DENS. and having paid all applicable fees to effective.No changes in any DEH proved C.C.&R.'s shall be made
DENS as set forth in the San Bernardino County Code Schedule of Fees. until proposed changes have been approved by DEHS.
33.0111107 Holding Tasks. 33.0111125 Types of Permits.
Use of sewage holding tanks within the Designated Maintenance (a) Development Permit. For the purpose of satisfying
Arm"I be in accordance with the provisions of Article 4(Sewage conditions of approval as may be Adopted by the Planning Commission
Holding Tanks) of Chapter 8 of Division 3 of Title 3 of the Sin or the Board or Council of this jurisdiction, DENS may issue a permit
Bernardino County Code,as the Same maybe amended from limit to to the developer of a project subject to the terms of this Article.This
time,or the equivalent provisions of the Code of this jurisdiction. permit shall be valid for the term of the planning approval process,
the construction of the project,and for six(6)months following the
33.01109 Administration. Enforcement, Remedies. and Peasitties' issuance of a satisfactory final inspection notice by the Building and
It Shall be unlawful for any person or entity to violate any provision Safety Authority, or upon activation of the association required by
of this Article. Except as provided herein, all administration. Section 33.09123, whichever comes first.
enforcement. remedies, And penalties Of this Article shalt generally (b) Operating Permit, Following the termination of the
proceedas is Set forth in Chapters 1,2.and 3 of this E,H,Code.and Development Permit, if arty, a multiple-owned Septic system Subject
be in addition to all others provided by law, to this Article shall only be operated under an annual permit from DEHS
issued to an owner and renewed upon the titttrinination that the facility
33.01I 1111 is in COMPlilinct with the requirements of this Article. If property is
developed in differenthases according to development plans,one(1)
permit shall be requiredfor the first phase,and additionatpermits shall
be required for any subsequent phase not covered by the first Permit,
33-04126 Itestairtments for DENS Permits.
No person or entity shall construct,install,modify,own.operate,
or maintain any MultiPlit Ownership septic system to which this Article
Article I applies without first holding unexpired, unsuspended. unrevoktd
OPERATION Of M(;LTIPLE OWNERSHIP SEPTIC SYSTEMS development and operatingrmits to do so from DEHS and having
paid fees to DENS as spect led in the San Bernardino County Code
33. 126 Pu sir Schedule of Fees, and unless currently has:
It is the intent of this Article to ensure that multiple ownership (a) Posted bonds as security for the proper installation and
Septic Systems Serving two(2)or more dwelling units are operated And functioning of the system as follows.
maintained by qualified personnel, and that such operation and (1) Preliminary Bond.A preliminary,bond shall be placed
maintenance is Provided as needed,to pttvtnt apublic nuisance or threat with DENS in the form of a passbook account which has bttn assigned
to public health or dtgradatiowtif water quality from occurring,The to DENS by means of a properly executed agretmen, form prov idird
pro%isions of this Article shall not apply to any existing industrial of by DENS and in an amount dvermine4 by DENS, but not less than
commerclai multiple ownership septic systems,except that the provisions 6%,r thousand dollars($1,000,00). prior to issuance,of a
or thu,Atticle As in effect Prior to January 1, 1986,shall be applicable permit. Following the issuance of the operating permit, DEHS shall
to any systems for Which an application for Permit had been made prior terminate its assignment of this passbook account and refease the tialanct
to lanuaty 1, 1986. to the personis) named in lht passbook.
26
(2) Operating Permit Bond.A cash bond shall be provided designated and subject to review and approval by DENS to assure
by the responsible association in an amount determined by DEHS.but compliance with all applicable codes,
not less than'tale thousand dollars(S5.000.00),prior to issuance of an (b) Separations. Separations of domestic water lines and all
operating permit. The amount of the bond shall be returned to the scwtrage lines and appurtenances sisall conform to the California
avyo:tation upon rumination of the permit and the need. as defined Administrative Code.Title 22. "California Waterworks Standards."
by this code, for the operating permit. (c) Placement of Easements. Easements shall be placed so
(3) frond Amounts. frond amounts shall be set by DENS that they are fully accessible and are not restricted by placement of
and may be established on the basis of five percent(5470 oda California structures,other easements with conflicting uses,or other factors w inch
Registered Civil Engineer's estimautr of inualtation of the septic systerntst, inhibit or delay necessary repair activities or accrssi ilny
or five thousand dollars(SS,tlWOD),whichever is the greater amount. (d) Location of Absorption System, Soil absorption systems
(b) Obtained DEHS review and approval of the septic system shall not be located undo public or private roads. Private roads do
mp"ii,.ausons prior to the commencement of construction, not include off-street parking areas or the approach driveway to
and has obtained DENS inspections and approval at the completion individual lots or,spaces.
of each construction phase.
tc) Satisfied all DENS operating permit conditions for the 33.08133 Compliance Procedures. Remedies. and P'enaltfes.
purpose of protecting public health and water quality and agreed to It shall be unlawful for any person or entity to violate any,provision
by the permittee at the issuance of an operating permit and prior to of this Article.If DENS snakes a determination that a sewerage system
any changes being made in the trims of the permit.Conditions which is not in compliance with the requirements of this Article,DEM- shall
may he included are: matte a demand of the owner(s), and any other person known to be
(1) Periodic monitoring and submission of test results occupying or using the real property,to correct such noncompt ance,
to DENS. This demand shall consist Sof a reasonable effort, including personal
(2) Quantity limitation's to a specific septic system or service„or posting the property.or government mail service,according
systems, to the availability of the person(s)to whom the notice is to be given
(3) Notification to DENS of the names of these officersand the practicality of the method chosen,to reach such person.Personal
of the association and others overseeing the operation and maintenance service shall nm be required,but mailed notice to the surety of any posted
of the system"Telephone numbers and addresses for routine contacts bond shall be given.If at forty-eight(48)hours after the effort to give
and emergency use shall be included. notice to all such parties is made, the noncompliance has not been
(4) Waste; discharge requirements, or:portions thereof, coorrected,the Director of DENS may declare the posted bond forfeited
issued to the permittee by the Regional Water Qua sty Control with: and make such arrangements as are necessary to abate the public
,jurisdiction, nuisance mused by the offending septic sy :"Thee forfeited bond shall
(S) Any other conditions which are rtemsiary due to the be the source of funds drawn upon by DEHS to defray the actual cost
circumstances of the discharge, and to DENS sof any atraternern action to correa the off ,system,
(6) Statement as to what land or property is subject to If such funds are not available for any reason for are insufficient, or
placensent of a lien or liens against the property should such be Atcessary there is a default or dishonoring,.DENS may act pursuant to Section
in accordance with Section 33.081.31 of this Article. 33.13311 et seq.of Chapter 3(Public'Nuisance Abatement)of thii E.H
(d) Obtained and std
the DENS-required annual inspection, Code to recover its cost,including a lien attaching to read property for
Each septic system for w itch a multiple ownership permit is required unrecove td costs.
shall be inspected each year and the permit holder shall submit proof (b) Except as provided herein, in addition to the foregoing;
of that inspection with the renewal application.Onlypersons qualified all lest tits and other provisions of Chapters 1,2,and 3 of
under Article 6(designated Maintenance Areas),Section 33.'18103 of this E.H.-Ceode shall apply to this Article,and are in addition to all
this Chapter shall inspect and certify to DEHS that the system is others provided by law,
adequate, in good repair, and working order;
(e) Notified DENS when a change is proposed in the number 33.08132-M48 ( eel)
of total available services,type of facility served,char in ownership,
or any other changes which affect the septic system,t e discharge„or
the permit to operate. Amick g
{f) Where an applicant or permittee is required by another STORAGE Of MANURE AND COMMERCIAL
regulatory agency to have a public entity as an operating agency,such FERTILIZER OPERATIONS(eCFO`i
applicant or permittet has secured the agreement and services of an
operating agency to assume such responsibilities as may be required 33.08141 Statement of Purpose and Authority,
by such regulatory agency.Where a public operating agency has assumed This Arnott Provides minimum standards for the storage of manure
operational responsibilities,no permit pursuant to this Article shall be and commercial fertilizer operations(CEO).to protect the public health
required for operation of the septic system(s) and safety,
Pursuant to the authority cited in Chapter I of this Environmental
33.08127 Existing DENS Operating Permits, Health Coale (E.H. Code),Government Code Section 66100 et seq.
Any DEHS operating permit issued prior to January 1, 1%%,shall (Stolid Wastc.Managennent and Resources Recovery Act),Admnistrative
be subject to the provisions of this Article that were in effect when such Code Title 14 Section 17210 et seq. (Solid Waste Managgement
a permit was issued,and next subject to any such provisions first coming Standards), and other applicable State law, this Board:Council
into effect on January t, 1986.This shall be the cast only so long as authorises the Department of Environmental Health Services(DEHS)
such a permit is continuously renewed prior to expiration and no of the County of San Bernardino to administer the provisions of this
applicable provisions of this code or conditions of the permit are Article within this jurisdiction.
violated. Afttr the latter event, the current provisions of this Article
shall be applicable and enforced as to the permitted facility. 31011142 -Deflnitions.
Deftnittons herein shall supplement all definitions in Chapters i
33.081213 'Public Stwvring Entity,. and 3 of this E.H. Code.
Where an existing public entity with severing powers has authority (a) "Commercial Fertilizer Operation (CFO)," shall be :he
or,hasa sphere of influence over a site for which a permit to operate storage,stockpiling,drying,mechanical processing,packing or stacking
a septic system is requested. the following shall apply:. of manure in substantial quantities:
(a) DE14S shall notify the entity of the application for a (bl "Manure" is animal excrement, livestock txcreta, waste
permit and shall not issue a permit until concurrence is received from from the alimentary canal of tows,horses,sheep,goats pigs,or ct."r
the entity, animals,:
(b) If requested by the entity, DENS shall revoke a permit
to operate a septic system in order to facilitate connection of the 33.118143 Prohibition of Maatutre Storage Upert the premises
developed property(its) to the entity's sewerage system. Where Manure is Produced,
No person shall store manure it pales,stacks or heaps. for more
3108129 DENS Contracted Service. than one hundred twenty(124)days unless prior written approwai is
DEHS may contract with,of otherwise retake arrangements to have. obtained from DENS. Requests for time extension shall be made in
persons with special expertise or qualifications to perform services,such wrtiong to DELIS and state why an extended period is nectssary an,a
d�pz,e,i.°e1 ir%sof fritpections our provide consultation on technical'matters the number of days requested.
-gig any septic systerms)subject to this Article. The applicant in responding to such requests,DENS shall balance tht potentia
,?..."mer aha Cl reimburse DENS for such exprnditurts. hardship to the public and neighboring properties in grarivnt; ar,
extension, with the potential hardship to the petitioner in
rtirtpt+ing
33.118130 Placement of(Affities, with the one hundred twenty (120)day. rule.
(a) Easements. Easements for placement of utilities shall be
„wI
33,og144 Perodes,Required for CFO. Chapter 9
No person shAin construct,own or operate a commercial fertilizer INSECT. RODENT, AND OTHER VECTOR CONTROL
operation(CFO)without first obtaining written approval from the Office
of Planning of this jurisdiction, other appropriate permits from Article 1. Mosquito, Fly, Rat and Other Public Health
regulatory agencies.DENS.andpayths rees to DENS as set forth in Vector Abatement
the San Bernardino County Code Schedule of Fees. Sections:
33.05143 Enforcement Activities. 33.0901 Purpose and Authority.
Enforcement activities shall generally proceed as set forth in 33-0902 Definitions.
Chapters.1,2,aW I of this E.H.Code.and relevant State law pertaining 33.0903 Violations,
to manure stotW and CFO. 33-09"10 (Reserved)
33.04146 Coaaarvetion And OP91066114111 R*quiftmdsts.
The following shall be provided and in&&conditions of each CFO Article 1. Fly Can" on Commercial Poultry Ranches
permit issued by DENS: and Other Locations
(a) Completed and detailed plans showing CFO contours at
two foot(2*)elevations shall be submitted with each application showing Sections:
all details of the storage And/or processing operations incorporating 33.0911 Intent.
all items required by this Section. 33.0912 Definitions.
(b) All CFO driveways and employee parking areas shall be 33"0913 Fly Abatement and Appeals 8oard,
adequately dustproofed. 33,0914 Duties and Powers of the Director of DENS;
(c) There shall be no manufacturing of chemical additives 33.0915 Hearing Request.
on the CFO premises. 33,0916 Permit Required.
(d) Inorganic chemical Additives shall be limited to ten percent 33.0917 Application Requirements,
(1ilatit)or the total CFO raw material inventory. 310918 Transport of Wastes.
(a) The CFO installation and operation "I comply with 33.0919 Fly Suit Stations and Pesticides.
the rules.regulations and orders of all appropriate regulatory Agencies 33.0920 Poultry Ranch Standards.
including Air Pollution Control Districts and the Regional Witter Quality 33.0921 Violations, Remedies. and Penalties.
Control Boards. 33.0922-0930 (Reserved)
M The CFO stockpiling area shall be enclosed by a six foot
(6')high chain Usk fence which will be screened,planted with globular
instalyptus or WmUr plant material.on six foot(6)ittmem;or equivalent Article 3. Rkfiaig Acadenties
upon review And approval by DENS and the Office of Planning for Sections;
this jurisdiction.
(g) Except for the stockpiling of raw materials. All CFO 33.0931 Authority.
operations including:screening,grinding,mixing adding.and sacking 33,0932 Definitions.
shall be confined whotely inside a building. 33.0933 Permits Required.
(h) All CFO stockpiling areas shall confine their rainstorm 33.0934 Compliance.
runoff waters so they do not drain onto adjoining properties. 33.0933 Suspension and/or Revocation of Permit.
(i) CFO stockpiling shall, be shaped to one-to-four (1:4) 33.0936 Violations. Remedies, and Penalties.
minimum slope to minimize the stint subject to rainfall, 33.09374W (Reserved)
(1) Appropriate facilities shall be installed to collect or divert
drainage from surrounding lands.away from the stockpile areas,
(k) CFO stockpiles " feet
be at least one hundred fifty feAnkle 4. Son Bernardino County Vector Cott" Protriam
li50-)from the front street centertirse and thiny-five fen(35') from
side and rear property tints. Sections-
(1) CFO stockpiles shall not exceed a height of twenty-rive 33,0941 Purpose.
feet(23').DENS may require a lesser height so that the stockpile will 33.0942 Authority.
not cause a nuisance to neighbortat properties. 33,0943-0950 (Reserved)
(m) CFO stockpiles and/or processing of manure shalt not
occur within one hundred fifty feet(150')of a milking barn or milk
house of a producer dairy,or a dwelling on adjoining property.DENS Article S. 4-H4FA Educational Animal Projects
may require greater distances upon determining the direction and
magnitude of prevailing winds at the site. Sections:
(n) Noise levels from the CFO shall not exceed local ambient 33.0951 Central Provisions.
levels round in general agricultural uses. to adjoining occupied 33.09'32 Violations, Remedies.And Penalties.
residences. 33,0953-0960 (Reserved)
(o) Vehicles carrying CFO materials shall be Adequately
covered to confine the contents and prevent materials from being Article I
windblown or otherwise scattered.
(p) No public nuisance shalt occur as a result of the CFOMOSQUITO. FLY. RAT, AND OTHER PUBLIC HEALTH
DENS shall abate all CFO dust.odor,noise.attracting or breeding of VECTOR ABATEMENT
flies or other in,and other public nuisarticts as set forth in Chapter 3
(Public Nuisance Abatement)of this E.H, Code. 33.0991 Purpose sod Authority.
The purpose of this Article is to provide for the general public
33.01147 Administration. Enforcement. Remedies.and Penalties. health protection in regards to mosquito,fly,rat,and other public ritaith
it shall be unlawful for any person or entity to violate any provision vector management and abatement.
of this Article. Except as provided herein, all Administration, Pursuant to the authority cited in Chapter I of this Environmental
enforcement, remedies, and penalties of this Article shall generally Health Code(E.H,Code),And as elsewhere provided in State law,!his
proceed as is set forth in Chapters I,2,and 3 of this E.H.Code,and jurisdiction designates the Depamnern of Environmental Health Services
be in addition to all others provided by law. (DENS)of the County of'San Bernadino as the enforcement authority
for the purposes of this Article and of the applicable laws and regulations
related to public health vector abatentent as currently adopted by the
State Department of Food and Agriculture and Department of Health
Services.This jurisdiction hereby finds and declares that breeding and
harborage places for mosquitoes, flits, rats. and other vectors under
conditions of known public health significance are public nutsAric".
DENS is authorized to Assist in epidemiological studies conducted lay
the San Bernardino County Department of Public Health and other
health agencies,to provide education on vector-borrit disease and control
measures, and otherwise appropriately monitor the status of public
health verlebraie and invertebrate vectors within this jurisdiction.Sucn
authority includes the right to reasonably enter upon, without
hinderence,any lands to inspect,survey,monitor,or issue notices related
to suspected public nuisances,
23
33. aitlows. (b) Appointment of Members. The Appeals Hoard shall be
The definitions provided in Chapter i of this E.H.Code shall appy composed of five (3) members appointed by the Director of the;
to this Articie except that: Department of Environmental Health Services(DENS)of the County
(ail "Public nuisance" for the purposes of this Article means of San Bernardino. Two (2) persons shall be commercial poultry
any of flit following: ranchers. One (1) person shall be a graduate of a biological or
(1) (A) Any breeding place for mosquitoes, flits, rats. environmental science,knowledgeable in fly control procedures and not
or other vectors of public health importance which exists by reason of associated with DEHS or any local commercial poultry ranch.Two(2)
any use in&&of the land oon which it is found,or of any artificial change persons shall represent the community at large.*!embers of the Board
in its natural condition.Presence of immature arthropods of public shall be appointed for a terra of two t2)years:.and shall stave without
health importance shall constitute prima facie evidence that a place is compensation, reimbursements, or allowances,
a breeding plate for Arthropods. The prestact of rodent droppings, (c) Functions. The functions of the Board are as follows:
trails, or evidence of feeding activity, shall constitute prima facie (1) The Board shall conduct public hearings relating to
ev' that a piece is a bretdin place for rots, fly breeding hazards, but shall not take up the subject of denial.
(11) What 13E1d determines than an agricultural suspension, or revocation or any permit.
operation is growing or processing crops or raising towel or animals in (2) The Mrd shall choose a chairman and vice-chairman
a instanceconsistent with proper and accepted practices and standards. from its own members.
and tmploytng measures tot rat control, for fly control. for manure (3) A quorum shall be necessary in order to transact:
management.removal,and disposal,and for disposal of agricultural business of the Board.
crisp waste,which prevent excessive domestic fly larval development (4) The Board may,upon evidence presented,recommend
and excessiveadult fly emergence on the property,and excessive rat methodology for abatement of a violation of this Article.
popularion,then that place shall not be deemed a public nuisance. (5) The Board MAY i a recommendation to the Director'
Dietl
(C) As in this paragraph, "`excessive" as of DE14S regarding a determination of breeding hazards and issuance
by State law in Health and"safety Code 12200. means the of abatement orders.
presence of domestic flits and rats associated with agricultural' (6) A majority vote of the Berard members present shall
operations.which do all of the following be necessary to issue a recommendation.
(1) Occur in immature stages and as adults (7) Administration of abatement orders, notices of
in numbers considerably in excess of those found in the surrounding violation,citations;and court actions shall be the responsibility of the
environment. Director of DENS,
(11) Are associated with flit design. layout, (d) letcssmm ndation Procedure. The Board shall issue its
and marsagement of agricultural operations. recommendations to the Director of BENS in writing within rive(5)
(ill) Disticiminate widely from the property, flays of the hearing, Final determination is the responsibility of the
(IV) Caust detrimental effects on the public Director of DENS,
health and well-being of a majority of flat surrounding population,
(2) Nater which is a breeding piece'for mosquitoes 33.0914 Duties*ad P of the Director of DENS.
flies, or other Arthropods of public health importance, (a) Inspection, It is the duty of the Director of BENS or
(b) "*Vector" means any animal capable of transmitting flit authorized agent to inspect any premises when there is probable cause
causative agent of human disease or capable of producing] humans to believe that a fly breeding hazard exists,The Director or authorized
discomfort or injury,including,but not limited to,mosquitoes,flies, agent thereof may also routinely inspect commercial poultry ranches
tilts.ratites rates,but not including any domesticated animal.- and may takt photographs,collect saimples, or other evidence.
(b) Notice. When the Director or authorized agent determines
33.41903 Viialistlosis. that a fly breeding hazard exists on arty premier, or its addition,
It shall be'unlawful for any person or entity to create or allow pertaining to commercial poultry ranches,that there is a violation of
the cwt of a public nuisance as defined in this Article, any of the standards listed within this,Article or of any other governin g
laws or rules,a written Notice of Violation shall be issued to(Ht owner
33.09644916 R ) or operator of the premises to correct the violation within a specified
Period of time.A Notice of Violation shall allow at least five(S)days
to correct the violation(s), Continuing or subsequent violations may
Article 2 result in immediate citation.
FLY CONTROL ON COMMERCIAL POULTRY RANCHES (c) Service of Notice or Cartier. The notice required by this
AND OTHER LOCATIONS section shall be served by any or all of the following methods.(1)Mail
to the owner as shown on the tax rolls.(2) By personal service,(3)By
33.0911 Intent. posting the pto;l+eny.
It is the intent or this Article tiff me good fly control practices (d) Ciittation If the owner or operator fails to correct the
and to provide a system of abatement for all fly breeding sources on violation within the specifted period of time indicated on a written'notice
commercial poultry ranches.and either places within this)'urisdiction, of Violation, the Director or designated agent may proceed with act
Except as provided herein"all authority and provisions orf Chapters l action in court to enforct the provisions of this Article.
and 2 of this Environmental Health Code(E.H.Cult)shall apply to (t) Repeated Violations. If the Director or designated agent
this Article; has served upon the owner or operator two(2)or more written;Notices
of Violation within the previous twelve(12)month period.at the time
33.0912 Dellaitions, of service of the currtnt Notice of Violation,a written notice of a r>ght
In addition to the definitions provided in Chapter I of this E.H. to a hearing before the Fly Abatement and Appeals Board shalt i so
Code.the following shall apply to this Article: be served,
10 "Commercial Poultry Manch" shall mean any building, (f) Remedies, The Director or designated agent may use any
structure,enclosure"or premises where poultry are kept or maintained other remedy provided by law for the abatement of a nuisance in
for the primary purpose of producing poultry*eggs,or meat for sate addition to any remedy provided in this Article,
or other distribution.This terns shall not apply to premise,where less
than one hundred(100)chitiens acre kept:; 310915 Hearing
(b) '*Fly Breeding Hazard" shall mean the Accumulation Any commercial poultry ranch receiving a written Notice of
existence or maintenance of any substance,matter,material.or condition Violation may request a public hearing before the Fly Abatement
resulting or likely to result in the breeding of flits in an amount or Appeals llostdx The requtat shall bt in writing addressed to the Director
manntr such as to endanger public Health or safety, or to create of DENS within five(3)clays of issuanet of a Notice sof Violation,The
unreasonable interference with the comfortable enjoyment and use of hearing shall be scheduled within tett(lit)days of the written request.
life and property by others. At the hearing,the commercial poultry ranch operator may advise the
(c) "Public Nuisance" shall mean any fly breeding;hazard Appeals Board of any compliance problems and the Appeals Board:may
within this jurisdiction. advise the operator of procedures which would provide Abatement,Tit
(d) *`a€enlaces for Inc Prevention and Control of Fly Breeding Apppreals Board shall inform the Director of DEN of the proceedings
on Commercial Poultry Ranches"shall mtan those sections provided of this informal hearing.Final determination shall be the responsibility
in this Article setting forth standards for the construction,operation, of the Director of BENS.
Andmaintenance-of commercial poultry ranches.
33.0916 Permit Rtqu
33.(1!13 Fly Abattment and Appeals Hoard. In addition to the requirements of Chapter 2 of this E.fl.Code.
(a)' Establishment,There shall bt a County-wide Fly Abafeme"sif every owner or operator of a commercial poultry ranch shall possess
And Appeals Board of The County of San Bernardino, State or an unexpired,unsuspended,unrevoked permit from DFHS to engage
California. in the business of operating or managing a poultry ranch. The
appropriate fee shall be submitted with each application to the amounts
2
set torth in the*,pan Bernardino County Lade ;khedule of Fres. An (4) All housing operations shall be so designed and
operator of several separate commercial poultry ranches shall obtain maintained to allow adequate ventilation and weather protection by
a separate valid permit for each ranch operation. Permits shall not be proper spacing, elevation, and roofing designs,
transferable and may be denied, suspended. or revoked. Upon (5) All feed storage facilities shall be designed and
notification by the Director of DEHS ter authorized agent of intent to maintained so as to prevent sly and rodent development.
deny,suspend,or revoke a permit,the permittee may request a hearing (6) Any person or entity proposing to construct or
as provided in Chapter 2 of this E.H. Code. The grounds for deniai reconstruct a commercial poultry ranch or any building,structure,or
suspension,or revocation shall be the existence of a sly°breeding hazard c tosure on a commercial poultry ranch shall follow in., current
on the applicable property of such a nature that imminent abatement guidelines as provided by the University of California Cooperative
is not forsecable,or noncompliance with the other requirements of this Extension, or other industrywide acceptable standards.
Article as to the use of facilities and equipment. (b) Fly c=ontrol Through Manure Management:
(1) [trying and Coning Operation, If the commercial
33.0917 Application Re4ut"frienis. poultry ranch owner or operator employs the drying and coning
tat The following information shall be submitted to DEHS< operation method of manure management, the following shall be
in connection with all existing raged poultry operations, complied with:
(1) Owner, operator, firms and/or corporation name (A) The process shall begin on dry ground or on
and address: it pad of dry manure in order to harbor predators and parasites and
J2) Construction details of existing operational systems to provide an absorbent surface for fresh droppings.A deeper pad.of
(casts,floors,water,feeds.waste-water disposal,house space,cooling dry manure may be necessary if the area beneath the poultry cages is
and ventilating systems), sunk below the levels of the aisles, If necessary, to facilitate drying,
(3) tensity of birds for existing operation„and broken up fresh droppings shall be stirred or otherwise mixed with the
(4) Statements describing existing method of manure dry pari until a satisfactorily dry condition is attained.
management and death bird disposal. (B) Any systern used for watering the poultry shall
(b) Plants for new construction shall be submitted to BENS be maintained ser as to prevent water from reaching the manure.System
and the planning and/or' land management departments of this leaks shall be promptly repaired so as not to disrupt the effectiveness
jurisdiction for approval and t)EHS development permit prior to of the drying method. When necessary,the watering system shall be
construction with appropriate fees as set forth in the San Bernardino changed or upgraded to eliminate future leaks.
County Code Schedule of Fees and shall include. (C) All wet spots in the manure crested by water
(1) A plot plan drawn to scale, leaks or dits"hetic poultry shall be thoroughly removed and replaced
(2) The owner, operator, firm, and/err corporation with an adequate base of dry material as necessary.
name and address, (0)" Whenever it becomes necessary to remove the
(3) Location of proposed construction and type of existing manure from under the cages, a six(6)to eight (s)inch pad of dry
buildings. manure shalt be left to facilitate the drying of the new cones and maintain
(4) Prevailing wind directions, a habitarfoir predators and parasites by one of the following methods.
(5) Location of access roads and strvtasng areas; (1) Removing every other row, then pushing
(6) Human and animal population densities of adjoining half of the manure from the remaining row into the cleaned out row.
areas, and (11) Cleaning ser as to leave at tent six (6) to
(7) Construction details of proposed and existing eight (9)inches of manure in tacit row.
operationajystains(cages,floors,watering,feeds,waste=water disposal, (111) Cleaning out all manure and replacing it
house spacing. cooling ventilating systems)• with at least a six(6)to eight(9)incl(pad of dry manure from some
other source.
33,091= Transport of Wastes. (2) Frequent Manure Removal Operation. If the
All trucks and other equipment used in removing.processing,or commercial poultry ranch owner or operator employs the frequent
disposal of manure or dead birds shall be kept reasonably clean of manure removal operation method of maniere management: the
manure and dead birds after disposal to prevent fly and odor nuisances. following,procedues shall bit compiled with:
The beds of all trucks and other hauling equipment used for these I (A) Manure shall be removed frequently enough from
practices shall be completely Covered and/or sealed with a tarpaulin under poultry caller to prevent fly larval migration and adult emergence.
or otherwise properly covered and secured to prevent spillages when (B) Each time manure is removed from under the
operating on public roadways,in Accordance with the California Vehicle poultry cages,larvae and pupae shall also be removed in the fringe areas-
Carle.Trucks and other equipment containing manure or deaf) birds (C) Aisles and borders of the poultry houses shall
shall not be parked within a residential neighborhood area for longer be cleaned of feathers and other debris frequently to eliminate pupation
than twenty-four(24)hours and not within five hundred(5W)fees of areas for fly larvae.
a neighboring residential or commercial building. (c) Manure Disposal.
(1) Raw manure shall not be stockpiled or stared on
33.0919Fly Bait Stations and Pestieidsc the ranch premises for more than fifteen (15)days.
(a) Fly bait stations, when required by BENS and approved (2) Any manure removed from under the poultry cages
by DENS,shall be maintained in an operable condition on each cage or the premises by any person.shall be processed and/or disposed of
operation type ranch or other fly breeding places The number of fly in a manner that will not create a fly nuisance,
bait stations shall be determined by t)EHS, (3) Manure which is processed on the ranch shall be
(b) The standards herein shalt be interpreted to promote good processed by one of the following means,provided there is sufficient
fly control practices in accordance with recognized biological control area available for whichever method is selected. Methodology for
practices to reduce the possibility of fly breeding. However,they do manure processing and disposal shall be that approved by the Dirwor
not preclude the use of pesticides when necessary or otherood fly of DEHS.Obtaining the Director's approval shall be the responsi ihi,%
control practices as approved by rEHS. Additionally, D&S may of the operator. Ma Curt shall bir.
require any reasonable action necessary to insure fly control and to (A) Placed under a tarp which is property seated
prevent a public nuisance. around the edges or in a fly light storage bin to prevent the emergence
of adult flies;,
33.0920 Poultry Ranch Standardi. (R) Spread thinly and dried and/or disced under
The following standards herein shall be utilized to promote good in a manner that will not create a fly problem.
fly control practices in accordance with recognized Integrated Pest (C) incorporated into an effective decomposition
Management techniques.These shall include physical,biological,and or drying operation so that any larvae or pupae in the manure cannot
chemical Cant rot methods such as those currently recommended in the advance in the life cycle,and such operation be so conducted that dusts.
bulletin,IIntegrated Management of Peso Flats an Poultry Ranches," odors. and nuisances to adjacent properties der not occur.
published by the University of California Division of Agricultural (d) Fly Control sof father Sources on Commercial Poultry
Sciences or as set forth in equivalent publications. Ranches.
(at Construction and Maintenance: (l) Bead Poultry Disposals,Dead poultry shall be removed
(t) Structures and equipment for both ground and cage from the rages at least once a day and immediately disposed of by one
operations shall be constructed so as to facilitate the drying and removal of the following methods:
of manure when required,and shall provide drainage of moisture away (A) Placed in a flv+ tight container or structure for
from all manure. proper ofr-site removal and removed from the premises at least warts,
(2) All watering and cooling systems shall be so installed Containers shall be kept clean to prevent fly breeding.
to prevent backflow and ser maintained that they deo not overflow,splash, i B) Placed in a disposal pit of approved construction
or teak upon manure and feeds. similar to that shown in current University=of Californiatmooperativr
0) All waste water shall be-disposed of by using a Extension publication,„Hol,to Dispose sof(lead Birds,"or as stated
subsurface drainage system or other method that will not result in as in;equivalent publications.
nut%ance.
30
(2) Waste Egg Disposal„ Waste eggs shall be disposed jurisdiction,that these vectors are known to transmit Truman diseases;
of by one of the following methods: that the effective control Of these vectors should be conducted ori a
(A) Placed daily in the dead bird disposal. County-wide basis in order to protect the health and safety,and enhance
(B) Placed in fly-tight containers or structures and the comfort of the citizens:that the paticipation of this jurisdiction in
removed from the premises at least weekly. the San Bernardino County Vector Control Program by delegation to
(3) Feed Ialanagement. the Department of EnvironmentalHealth Services(DENS) will best
(A) Feed storage area shall be kept dry; control public health vector problems of this jurisdiction;and that than
(8) Spilled feed from fted troughs shall be program be concducted to avoid duplication of services with other
immediately removed, jurisdictions.
(e) General Ranch Operations.
t l) Th re shall be sufficient: equipment and personnel 33.0942 Auth4nity.
the manure management progam for fly prevention and Pursuant to California Government Cade§58425,this governing
contrail. board or council consents and authorizes that within this)urisdicuon
(2) Whenever necessary,the ny population on the ranch the Sart Bernardino County Vector Control Program shall provide the
shall be chemically controlled to prevent nuisances, I.arvaciding shall services and exercise the powers of a Vector Control District as set forth
bt kept at a minimum.Appropriate adultictdes,including both sprays in the California Health and Safety Code If 2200 through 2360,et stq,
and baits, may be used to control adult fly populations, including 12293 which makes it a misdemeanor to hinder an officer
(3) Dropping boards or wiry may be used in speeding or work of the County of San Bernardino pertaining to law enforcement
the drying process and to reduce the expense of pesticides. Excessive actions,The San Bernardino County Vector Control Program shall be
accumulations of manure on dropping boards or awes to prevent fly carried out by the Department of Environmental Health Services
breeding shall be cleaned frequently, (DENS)of the County of San Bernardino,DENS will consult with each
jurisdiction to determine the parameters of services to be performed
31M1 Violation, Remedlies.and Ptote tees. and to establish mechanisms for funding.
It shall be unlawful for any person or entity to violate any provision
of this Article.Except as provided herein,,all remedies and penalties 33.119 (Retierved)
of Chapters I and 2 of this E.H.Code shall apply to this Article,and
are in addition to all dithers provided by law.
Article S
33.0922-01030 (Reed) !-H/FFA E VCATIONAL ANIMAL PROJECTS
Article 3 33-Ml General Provislosis.
RIDING ACADEMIES Except as provided n.alf authority and provisions of Chapters
I,2,and 3 of this Environmental Health abode(ILH,Code)shall apply
33.0931 Authority. 1,
this Article.
Except as provided herein, all authority and provisions of Prior to placement of to educationally oriented Animal husbandry
Chapters 1.2,and 3 of this Environmental Health Code(E.H.Code) project as specifrtd by the Stitt Bernardino County Development Cade
shall apply to this Artidt,which shall be enforced by the Department Section 86.020I(B)t6),a completed application from the Department
of Environmental Health Services (DIENS) of the County of San of Environmental:. Health Services (DENS) of the County of San
Bernardino within this jurisdiction.Matters pertaining to animal disuse Bernardino for g Permit to operate an Animal project within this
and abuse shall be referred to the Health Officer. jurisdiction shill be filed with that amount listed in tht San Bernardino
33.t1933 'I?eflaithtaa. *' County Code Schedule of Fees as an application fee paid to DENS,
In addition to those definitions in Chapters I and 3 of this EA. On the tion: Applicationform,the applicant shall submit the following
� oitfotsnatran:
Cade, the following shall apply to this Artkks (l) Signature of applicant's parent or guardian.
(a) "Riding Academy" shall mean any place where horses (2) Signature of applicant's youth organization advisor
are rented or held for rent to the public,or where such horses are stabled,: or counselor,
kept;or maintained. (3) The signatures of all residents within a radius of
Required.Permits
ltteqthree hundred OW) feet from the perimeter of the proposed animal
unlawful for any project location.Such signatures shall indicate that the applicant has
It shall its eq
y person or entity to construct,own. provided notiEicatron of the animal project proposal to each resident:
Operate.or allow the operation of any riding academy without a valid (4) A plot plan to indicate location of the animal project.
DENS permit to do sea,issued in accordance with the provisions of this proposed structum,and surrounding residential structures.
Article and Chapter 2 of this E.H. Code, (5) The application shall include a proposed expiration;
33,Q934 Compliance. final
however,the Director of DENS reserves the right to make the
final tdetermination On the length of time for which the permit will be
Operators of riding academics shall comply with all provisions issued,after which the permit shall be automatically revoked and the
of this E.H.Code and of this jurisdiction for the location,operation, project shall discontinue operation. 'The applicant may request an
maintenance,and care of such places and animafs,and the stockpiling extension of up to sax(fi)months as approved by the Director and aisci
and disposal of manurt and waste material therefronw,in a manner which
shall not create a hazard to human or animal health or be or become may Aftsuber
anew Director
application.fD
After the Dtirtetor of DENS has given the application an €calciol
a public nuisance. review,and determined that the applicant can comply with the effects*e
provisions of this Articit and the provisions of int San Strnardino
33.0935 Suspension andxor Re+rtietit#uw of Permit, provisions
Development Code,a notice of intent to issue a permit to operate
In accordance with the administrative procedures set forth in shall be forwarded to those neighborhood residents within three hundred
Chapter 2 of this E.H.Codt,a permit may be suspended or revoked (300)feet of the project, notifying them that a permit will be issutd
by DENS for failure to comply with the provisions of this E,H,Code, within fourteen(I4)days unless otherwise appealed to the Director.
the laws of this jurisdiction, or if at any time such place becomes a D)uringthis fourteen(14)day ppssriod, any resident within three
hazard to human or animal health, or a public nuisance. hundred(:ltd)feet may file an appeal to the Director,This appeal shall
bt heard by the Planning Commission Subcommittee of the County
33.0936& Violations, Remedies. and Penalties. of San Bernardino.
It shall be unlawful for any person or entity to violate any provision If the appeal of the denial of tht issuance of the permit is sustained
of this Article. Except as provided herein,all remedies and penalties by the Planning Commission Subcommittee, that decision shall be
of Chapters 1, 2, and 3 of this E.H,Code shall apply to this Articie, forwarded to the Director and a Permit to operate shall not be issued,
and are in addition to all others provided by law, There shall be no further administrative appeal to the demall of issuance
33.b93r (Reserved) In
the permit to operate.
In the event the Director's initial review indicates the applicant
cannot meet the said provisions of this ordinance, the Director shall
deny the permit.The applicant may appeal this dental to the Planning
Article a Commission Subcommittee by filing a written appeal with the D9irecsor
SA`v B :RNAROIN' COUNT'S VECTOR CONTROL PROGRAM within ten (10)days of the denial date.
If at any time the animal project is deemed to be in violation of
"'a` r urpuve,
applicable Environmental Health or Development Code reguiatson of
The governing board or council of this jurisdiction has found and this jurisdiction. the Director of DENS or authorized represcntani t
determined: than Mosa)uita, fl).rat,and other vector producing areas shall issue the permit holder or the parent or guardian thereof a Aratet
capable of Producing public htalih vectors are present within the notice to appear before a hearing officer of DtEHS to show cause wtt
�I
the permit to opttratt should not be revoked.After evidence has been 33.103 Authority and Eaforremeall.
Presented to the hearing officer of compliance or noncompliance,the Pursuant to the authority cited to Chapter I of this Environmerotatl
Director shall make a determination and may order the permit to be Health Code(E.K Code) the California Health and Safety Code,
revoked it sufficient caterer is shown,Administrative hearing procedures ChviSiesn e,3.Pan 1,5;and tlar California Administrative Code,Title %i,
shall Stritrally,follow those•set forth in Chapter 2 of this E.H.Coda, Chapter I„and the applicable articles pursuant Ihereto and as.otherwise
provided by 12*+ the Department of Environmental Health Services
33. 2 Violatiolits. Remiedim cad Peasltie"t. (DENSl of the County of San Rern rdino shall enforce the provisions
It shall be unlawful for any peryon or entity to violate any provision of this Article, within this)urisdiction,except as otherwise Provided
of this Article.Except as provided titrein,all remedies and penalties by this Board or Council.
of Chapters 1,2.and 3 o this E.H.Code shall apply to this Article,
and are in addition to all others providedby lase; 33.104 Adminjurallims and Enforce t P um"
Except where othtrwast provided by thisjurisdaetion,and herein,
33. ( ed) DENS shall include all provisions of Chapters 1,2,and 3 of this E.hi
Cade in enforcing this.Article.
Chapter 10 33.015 Definitions.-
HOUSING AND INSTITUTIONS Definitions herein shall supplement all definitions in Chapters 1
and 3 of this E.I"(.Code and the development cede of this jurisdiction.
Artide 1. ReSufations taf 1luiMings Used fear Excreter at otherwise provided in this section,all terms used in this Article
Human Ifabitatusu whit are defined in the California Health and Safety Code,Division 13.
dans: Part 1.S and the California Administrative Code,Title 25.Chapter l.
33.101 (Reserved) and the applicable articles adopted pursuant thereto are used in this
33.102 Purse and Intent. Article As so defined,unless from the context thereof,it clearly appears
33.103 Authority and Enforcement. that a different meaning is intended,
33.104 Administration and Enforcement Procedures (a) "Apartment" shall mean a dwtlling unit which is rented
33.105 Definitions. or offered for rent as a residerice and shalt not include A dwelling unit
33.186 Certificate of occupancy(C of 0); intended for the accommodation of transients,
33.107 Late Applications, (b) "Apartment House" shall mean any building or portion
33.108 Inspection. thereof containing three(3)or more apartments or dwelling units.
33.109 Revocation of the C of 0: (c) "Dwelling (snit" shall mean one(I) or more habitable'
33.1018 Health Permit Required. rooms which are occupied or which are intended to be,or designed to
33.1811 Expiration of Permits. be"occupied by one(1)family with facilities for living,sloping"eating,
33.1012 Supplemental Permit Fees, And cooking.
33.1813 Violations, Remedies, and Penalties. (d) -*-Guru Rom" shall mean any room or scute of rooms
33.1814.1819 (Reserved) deli arid. used, and int for the accommodation of a person,
famy, tar party.
(e) "Hotel" shall mean any structure. at any portion of a
Artieltt 2. OSieralilein of Mobilithisma parks structure,including Any lodigns hostile.boarding house,rooming
dormitoq,turkish bath,bachelor hotel,studio tl.public club,or
5thrt private dub, fling theses(3)or rooms and which
33.1020 Purpose and Intent. is occupied or is iniusitiod or designed for occupation by three(3)or
33.1021 Authority and Enforcement. more guests.whether rent is-paid in money,goods.labor,or othttrwise.
33.1022 Definitions. It does not include any h ,ail `tal as lura,sanitarium„orphanage.
33.1823 Health Permit, prison,or m hu aur housed and detained
33.1024 Health Permit Fee, cinder legal restraint.
33.1023 Expiration of Permit, (f) "Matti,.shalt a building or buildings match containing
33.1026 Permit to Operate-- Penalty Fen. one(1)or more guest r or dwtiling units or combinations thereof
33.1827 Amended Permit to Operate. designed,used,and intended wholly or in part,for the accommodation
33.1028 Mobilthome and Accessory Structure of transients,"Mott€"also includes any auto court.resort.and"bed
Installations, and breakfast" lodging.
33.1029' Violations" Remedies"and Penalties. (g) "Multipie Apartr nts"` shall mean three (3) or amore
apartments located on thhte same premises andior parcel,
(h) "Premises-"I include all buildings located on contiguous
Arttcle,3. Oessiml Camps mad Boarding'Sc parcels of land under common ownership.
Sections: 33.106 Certlfieattt of Occupancy (aG of 0),
33.1830 Purpose and Intent, No person or entity shall allow the occupancy of any multiple
33.1031 Authority and Enforcement. apartment units,apartment house, hotel, motel,or similar operation
33:1032 Definitions, without possessing an unexpired,unrevoked,unsuspended Certificate'
33.1033 Permit Required', of Occupancy(C of Ci) from DENS for each operation or premises.
33.1034 (Reserved) and paying fees to DENS as provided by the San Bernardino County
33.1035 Sleeping Rooters, Code Schedule of Fees,.
33:1036 isolation Rooms. ta) A new C of 0 is required when:
33.1037 Compliance Requited for Establishment and (1) "Chitoccupancy classification of a building or portion
Maintenance. thtreof is changed.
33.1038 Violations, Remedies,and Penalties, l2) The number of apartments,guest rooms"or dwelling
units is changed.
13) The ownership oft he multiple apartmitnts.apartment
Article I house, hotel, of mottl is changed.
REGULATIONS Of SIVILDiNGS USED FOR (4) The C of 0 has expirtd or has been revoked.
(HUMAN HABITATION
33.107 Late AvOkildes.
33.1111 IMlttsarrwegd# Upon the failure of the owner or operator to make application
for a C of 0 within sixty(fro)days of notification by DENS concerning
33.142 Purpose mead Intent. occupied prtmists. DE44S may charge,a lane processing *,,"equal to
It is the outpost and intent of this Article to provide regulation the original fee.
for tete maintenance,sanitation,ventilation,use,occupancy,and safety
of dwellings, muhiple apartments and apartment houses,hotels, and 33.103 to len;
mortis within this jurisdiction for the public health,safety,and Sent-rat Prior to the issuance of the C of e,3" DENS shalt inspect each
welfare that equals or exceeds ail applicable State laws. It is hereby Premises to assure compliance with the provisions of this Articit 'hen
delcared that in any instance where the provisions of this Article de,+ it has been determined that the pretenses are in substantial compliance
not encompass at,of the hate tegulations pertaining to than subject of with the provisions of this Article, the C of 0 shad be j$juto,Shouid
this Article, such regulations are included herein and;incorporated by DENS find substantial violations of this Article which tender the
reference, premises or any portion thereof substandard, the C of 0 shall be
withheld:
t
33.109 Reviscation of the C of 0. ihirtyfirst O ls€)roilowin Issuance arta soda Permit must tit renewed
Whenever DENS determined that any premises,or portion thereof,- w ithirt thirty 430)days I I lowing the expiration daze,
for which a C of O has been isuied, has become substandard. tht-C
of 0 shall be rtvoked? 33.1026 Permit to Operate — P it) Ftrs
Annual permit lets submitted after January thirty-first Olso of
33.14110 h tth Permit Ramified. tach year are subject to penalty fees as follows:
No person or entity snail ailow°the operation of a hotel.motel. (a) The fees for>a permit to operate submitted on or after
auto .xsurt„resort.-bed and breakfast"lodging facility.or any similar February first f fst),but before hearth first list)of each year are subject
lodging facility,or any similar facility without possessing an unexpired, to a teat percent Olt o)penalty fee, The fees for a permit €o operate
unresoked. unsusptndcd Wino for raah facility add paying feestosubmitted on or after March first`(lst)of tach year art subject to a
DENS in those amounts set forth in the San Bernardino County Code One hundred p rctnt(100474)penalty fee.When fees are submitted by
Schedule of Pees, snail, tett postmark shall establish the date of su miital.
33.tell kxpirittioss of i s� 33.1027 Amended Pernik to Operaft,
Permits issued pursuant to this chapter expire the December 31st An amended permit to Operate shall hit required when there is Any
fottowing issuance and such permit shall be renewed and aft fees,paid change to the information on the permit to operate. Changes in
within thirty(30)days following the expiration daft, information shall includc but not be limited to. change of)tame or
ownership,limits on loft occupancy,or number of lots resulting from
33.1012 Supissiaantntaf Permit Fe". the salt.lease.construction,or alteration of existing lots or facslitits,
Fees for supplemental tal permits issued for guiev rooms,dormitories,
and dwelling units added after the issuance of tilt original permit shall 33.16211 Mobilitholfte said Accessory Structure lnstatistions.
be paid as prorated by'DE14S on a monthly basis and the expiration (a) Prior its the installation of each mobilchome or accessory
date of supplemental permits shall be the same as the expiration date structure on a rmobilthome tot,a Permit shall bt obtained from DELIS,
of the original permit Ptimirl application shall be submitted on forms provided by BENS,
(b) Park operator approval shall be required on all applications
33.1013' Violations, Remedies. and Peaialties. for permits to install a mobilthome or to alter a mobilthomt if such
It shall be unlawful for any person to violatt any provision of alteration would affect the electrical,fuel gaa,or plumbing system of
this Article.Except as provided herein,all administrative,procedures, the mobilthome park.
enforcement, remedies,and penalties of Chapters 1,2,and 3 of this 40:) Park Operator approval shall be required n all applications
E.h.'Code shall apply to this Article,and are in addition to all others for Permits to construct, reconstruct.install, or alter a rmobilthome
provided by law. accasory structure to be located or proposed to be located within a
rnobileho int park.
33.1014-1419 (Reserved) (d) Appropriate uses shall be submitted to DENS with each
Permit application in thm amounts set forth in the San Bernardino
County Code Schedule Of Fees.
Aoaitit 2 (t) A mobilehorne shall not be located or installed in a
OP RA`t1ON OF MOBILEH 3ME PARKS s park except where so designated.
33.1020 Purpose and Intent. 311029 Violations. Ressiedles.and Penalties.
It is tate purpose and invent of this Article to provide regulationsIt sliall be unlawful for any person or entity to violateany provision
And procedures for the operation of mobilehome partes within this of this Article.Except as provided herein,all administrative procedures,
jurisdiction„ enforcement,remedies.and penalties of Chapters 1. 2,and 3 of this
E.H.Code shalt apply to this Article,and are in addition to all others
33-1021 Autlsority and Enf rent. provided by lase,
Pursuant to the authority cited in Chapter I of this Environmental
Health Code(EN,Code).the provisions of the kiobilthome Parks Act,
California Health and Safety Code, Division 13, Part 2:1 and the Article 3
Applicable regulations adapted pursuant thereto by the,state Depirtment ORGANIZED CAMPS AND BOARDING SCHOOLS
of Housing and Community Development;art htreby adopted as a past
of this Artitle<It shall be the duty of the Offi
33,1131 The Design and Construction for AWRR With a
33.1 tRebmird) Surface Area Twenty Thousand(20,000)Square
33.1 1 0M Sleeping Rooms. Feet or More, and Without Access Devices,
I&) No person shall keep any child in any room or dormitory
in such school or camp which provides iet.s,than ihiny ISO)square feet
of now space for each smolt tier bed or less than twenty-five(25)square Article 4. Eaciftert of Pool Areas
feet of floor $pact for each bed for double tier bedv.
(Itt Tents and lent siruoure% are prohibited from use as lwctwx-.
sleeping rooms in a boarding school. 31.1132 Enclosure Of Pool Areas.
311111134 Isolation Rooms.
Every boarding school wherein ten 114)or morechildren are housed Arlick I
must have a separate room or rooms equipped with separate ioiiet and (;ENLRAL PROVISIONS
bathing facilities for isolation purposes. 33.111 Authority.
33.1037 Comphinitt,Required for Estalstish"mut And M� sisttn**cg- Pursuant to the authority cited in Chapter I of this Environmental
It shall be unlawful to establish or maintain any organized camp Health Code(F-HC),California Health and Safety Code I H& ;Code)
or boarding school which does not comply with the requirements Of Section 427 in seq.(Public Beaches),Section 4050 et seq.(Recreational
this Article, and all other 3oplicatilt statutes, ordinances, rules. and Use of Water Supply Reservoirs).Section 4425(Vessel Toilets),Stciion
regulations Pertaining thereto. "30 et seq.(Vessel Pollutiont.Section 400(Other Pollution),Section
240M et seq.(Health and Safety of Bathers).California Administrative
33.14 Violations. Revatitil".slid Pessilift- Code(C.A.C.)Titles 12 and 24, and other applicable State law, this
it shall be unlawful for any person or entity to violate any provision jurisdiction hereby authorizes,that all laws of the State and of this EMC
of this Article.Except as provided herein.all administrative procedures, Pertaining to public water-contact recreation b i e enforced within this
enforcement.remedies,and penalties provisions of Chapters 1,2,and Jurisdiction by the Director and Entorcemimi Offictirs of the Department
3 of this E.H.Code shall apply to this Article,and are in addition to of Environmental Health Services (DENS) of the County of San
all othars,provided by law. Berividdino.
Cluipler 11 33.112 Definitions stad Sco".
RECREATIONAL HEALTH Derjaitions hattin shall supplement all definitions in State law
pertaining to public water-contact recreation,and those of Chapters
Article 1. General PmvWoiu I and 3 of this EHC.
(a) DEFINITIONS.
Section: (1) "A res Devices" shall be defined at Section 33.117
33.111 Authority. herein.
33.112 Definitions and Scope. (2) . "Aritirkial Water Recreational Resort (AWRR)
33.113 General Health and Safety. applies to-any lake,lagoon,basin,water course or other bathing area
33,114 Water Quality. primarily doniped for water contact recreation with water triaristerted
31.115 DEHS Plan Review/Construction/Operational from a public water"an holding a permit from the Stimir Depairtment
Permits Required. of Health Services or from another approved source,
31116 General Construction Requirements of All Water (3) "Dirw Fee"is money or other forms of compensation
Contact Recreational Resorts(WCRR). such as goods,warts,merchandise or labor for tic"to the facility,
33.117 Access Devices. (4) "Public Swimming Pool"and related public"Pools'
33,118 Domestic Water Supply. shall be as defined as per the State Health and Safety Code and Title 22
33.119 Sewage Discharge. of the C.A.C.
33.1110 Toilets and Lavatories. (5) '*Natural Water Recreational Resort(N RR)'"applies
333111 Showers. to:bays,likes.water courses or other water contact recreation areas
33.1112 Dressing Rooms. with a natural source of water.
33.1113 Floors, Walks and Walls. (6) "Water Contact Recreation" shall include all public
33.1114 Lighting. recnationsil activities what them is a high probability of water ingestion
33.1115 Ventilation. and where related activities create a significant public health and safety
33.1116 Bathing Suits and Towels. risk. Such activities shall include: wading, swimming, bathing, and
33.1117 Health Requirements. diving,Such activities shall not include:boating,sailing, fishing,and
33.1118 Refuse Handling, Control of Rodents and similar activities where bodily contact with water is insignificant, or
Insects. unlikely, or for any activity not involving the public.
33,1119 Notices for Sather Safety/Protection, (7) "Water Contact Recreation Resorts("A'CRR)" shall
33-1120 Temporary Waiver by Director of Environmental include all public watercontact recreation facilities for which direct or
Health= indirect fee is charged for the use of tht facility.WCRR shall include:
311121 Violations/Remedies/Penalties. water theme parks.swim or wave lagoons.natural and man-made lakes
and water courses,and similar public water contact recreational places,
(b) $COPE:
Ank*2. Natural Water Rite"ink"all Resort (NWRR) (I) The provisions of this Chapter shall apply to all
WCRR as defined in Section 33,112, including but not limited to:
Sectioss: (A) Commercial WCRR.
33.1122 Design and Construction of Natural Water (8) Real Estate WCRR_
Recreation Resort (NWRR). (C) Community WCRR.
311123 Hazard Control. (D) Hotel and Motel WCRRa
33A124 The Design and Construction of NWRR Where a (E) Resort wCRR.
Direct Fee is Charged or With Amen Device(s), (F) Auto and Trailer Park WCRR:
33A123 The Design and Construction for NWRR Where (G) Auto Court WCRR.
No Direct Fee is Charged.and Without Access (H) Apartment and Townhouse WCRR.
Devices. (1) Club WCRR.
(1) Public: or Private School WCRR,
(K) Health Establishment WCRR.
Article 1 Artificiat Water Recreational Resort IAWRR) (L) Condominium WCRR.
(M) Mob4thome Park WCRR.
Sections: IN) Campground WCRR,
33,1126 Dtsitin and Construction-of Artificial Water (0) Homeowner Association WCRR,
Recreation Resort (AWRR), (P) Public Park WCRR.
33 1121 Domestic Water Supply, (2) WCRR shall be presumed to be private where there
33.1128 Ancillary Areas and flcililies. are four(41 or less dwelling units. Such private facilities and uses or
-
33.1129 Clarity, water courses used solely for boating,sailing or tithing art exempt fturn
33:1130 The Design and Construction for All AWRR the provisions of this Chaprtr.
Less Than Twenty Thousand (20,000) Square
Feet, or Where There is an Access Device.
33.113 i Heshis and Safety Requirements, 33.117 A Devices.
Design.construction,operation and maintenance of facilities of Access Devices are any artificial means to effect entry into the
All WCRR shall be such as to reduce to minimums the risks of drowning; WCRR,such as diving boards,slides.water flumes,ropes.cargo nets,.
injury and transmission of disease. and swings._
(a) The facilities operation shall be under the close supervision (a) DivingBoards: [living boards, when used, shall be
of one or more experierwd operators, installed;and used only under conditions safe for both divers and bathtrs�
(b) Records shall be kept on the premises and readily available (1) At least fifteen (15) feet of free and unobstructed
for inspection b)°BENS,to show compliance with theta regulations. head room is to be provided above diving board and rowers;
(1) No diving board or platform shall be more than tern
33.114 Water Nasality. 114) feet alcove water level for unrestricted use by patrons,
(a) Chemical Quality of Water ----Chemical quality of water (3) Where diving boards or platforms are used. they
shall,as all tunes, be such that there is not irritation of eyes or skin shall be structurally sound and in good repair,
Of the bathers,nor other objectionable physiological effects on bathers. (4) Where a diving board not greater than one(1)meter
Water in the WCR shall have a pH of not less than six point eight(4�9) high is used,the water depth under the board shall be a minimum of
or more than eight point four (9.4); eight(9)feet six(6)inches,this depth to extend a minimum of ten(14)
(b) Microbiological Quality—WCRR waters shall be routinely feet in front of the end of the boards beyond`this goint,she slope of
sampled and analyzed,at the operator's expense,for microbiological the bottom upwards toward shallow water shat not be steeper than one
contamination, Samples shall be collected at a frequency,and from (1)foot vertical for each three(3)feet horizontaL A side clearance depth
representative locations,as determined by tltc DEH The fecal coliform of eight(B)feet.six(o)inches shall extend a minimum of ter,(10) feet
density from any consecutive sets of samples colltcted within any thirty as measured from the edgels)of the platforms and/or board,
(30)days shall not exceed an arithmetic mean of two hundred (344) (,i) For a three(3)meter(ten 1101 foot)board,the water
organisms per one hundred 1100)ml, When fecal coliform density of depth under the board shall be at least twelve(13)feet, this depth to
any sample collected exceeds one thousand(1,000)per one hundred(1413) extend a minimum of fifteen(15)feet in front of the end of the board,
ml.,the DEMS shall order the closure of the water contact area and beyond this point,the slope of the bottom upward toward shallow water
follow-ftp daily sampling shall be immediately commenced with waters shall not be steeper than one(1)foot vertical for each three(3) feet
analyzed for fecal coliform for at least two(Z)consecutive days,l f any horizontal. A side clearance depth of twelve(13) feet shall extend a,
follow-up daily sample exceeds one thousand(1,000)per one hundred minimum of fifteen (13) feet as measured from the edge(s) of the
(1413) mL, the water contact area shall remain closed. with the platform and/or bmrd,
appropriate signs pasted and maintained by the owner/operator,and (b) Slides,Water Flumes,Ropes and Swings:All entry devices
shall not reopen without prior written approval being obtained from including those cut into the slope of a natural hillside.into in anif)cally
the DEHS.Periodic sampling for specific pathogens shall be required excavated hill,or supported by a structure,shall be designed and built
if Ordered by the Health Officer, WCRR which utillte an approved to provide a safe entry,support strength and proper angle alignment
filtration and disinfection system may.upon approval by tate DENS, for the access devices.
maintain a daily log of disinfectant and pH test readings in lieu of (1) Materials Selection aid Finishing. The siltction of
microbiological!sampling.Fecal coliform sampling shall be conducted all component and accessory materials shall be such that all parts with
prior to the commencement of each sawn's use and as requested by external surfaces and edges that may come in contact with the user are
the DENS.Routine water samples small be obtained from representative assembled.arranged,and/or furl (dtlturred.polished)so that they
portimis of the swim area at a depth of two(2)feet. Microbiological will not constitute a cutting,pinching,puncturing,or abrasion hazard
Analysis shall be made in accordance with procedures recommendedunder casual comAw and intended use.Ali corn eras sW be carefully
by the latest edition of the '*Standard Methods for Examination of analyzed to ensure that the materials will not degenerate or decompose
Water and Sewage.. of the Amaer an Public Health Association, with time or exposure to the elements of nature.
(3) Structural Design: The owner and a registered civil
33.11$ UEHS flan Review/Constracticto/Op erstional Permits engineer shall have the responsibility for the safe design and construction
Requiratd, of the entire facility. The scons device's structural design shall be in
(a) No person or entity shall commence any construction accordance with generally accepted structural engineering practice and
activities for any WCR R without pian review and construction permits provide a sound,durable structure which will safely sustain all dynamic
first bang obtained from the DIEMS and Building and Safety as provided and static stresses involved. Flurries and pools shaill be watertight.All
for by the code of this jurisdiction,Special studies and data prepared water contact surfaces&had tit of itsert.nontoxic materials,smooth and
by a registered civil engineer shall be furnished to the DENS,sufficient easily clariable.All pans and components shall be accessible for cleaning
to demonstrate due consideration of,and every reasonable elimination and safety inspection purposes,
of,threats to the user public's health and safety.The requirement for (3) Flume Exit System: A flame exit system shall be
s al engineering studies may be waived by the director of the DENS provided so that safe entry.into the splash area is accomplished for all
hiss determined that such an omission will not adversely affect the deceleration distance(s),and for attitude control prior to entry. Every,
design,construction,operation and/or maintenance of the resort in design shall assure a safe exit velocity and attitude control of the user
question from the viewpoint of public health and safety.Facilities shall under normal use,
be built according to approved plans unless changes are approved in (4) The splash arta shall be designated and separated
writing by the DENS. The owner shall notify the DE14S of the with safety ropes and buoys and from the general swimming area.
completion of a WCRR at last one (1) week in advance of the (3) Sufficient numbers of attendants shall be on duty
anticipated opening or operation of the facility: at she entry areas at all times slides are available for use. Clear`.
(b) No person or entity shall own, operative, or allow the unobstructed vision to all entry and exit areas occupied by participants
operation of any public swimming pool,or related public pool,or water shall bt provided.
contact recreational resort(WCRR)without first applying for,receiving, (c) All structural elements, including pools, building, access
and retaining an unexpired,unsuspended,unrevoked operational permit devices or structures affecting the public shall be inspected for safe
for each facility from the!)ENS.Service and related fees shall,be pard operation and maintimarcit by a registered cavil engineer at least t once
to the DENS in those amounts specified in the Sari Bernardino County, a-yeaar prior to any use if the facility is seasonal,or at six(b)month
Code Schedule of Fees. intervals for access devices in continuous operation.A signed inspection
report l be pros to the owner."o for with a copy to the DENS,
33.119 General Consarsictiort Rea:lrsarnaasats of all water contactRecreational Resorts (W RR). 33.119 Domestic Water Supply,
WCRR have complex,unique and/or peculiar public health acrd Where water is available for domestic purposes at waster contact-
safety risks that require special engineering studies and consultation recreational resorts, it shall;.
with DENS prior to their construction or operation.Each operation (a) Be frons an a ved water systems holding a rmat granted.
is customized and will require an individual evaluation by DENS as by the State or the DE11 d asset the criteria of the California Health
to the potential public health And safety threats.Specific construction and Safety Code and the California Administrative Code.Title 23,-with
details or specifications for the facility and its support operations, as respect to water quality and quantity:
required by DENS, shall conforms to recognized safety engineering (b) Be delivered in sufficient Quantity and with sufficient:
principles, pressure to assure the satisfactory functioning.of all fixtures served ny
cal Engineering Studies Required. Every proposed operation the waster supply.
shall adeiauatety consider by means of dttaaled engineering studies every (c) Be protected at actual or potential connections with
reasonably anocipated potential hazard of'a mechanical, chemical. $ystems containing water that is not approved as safe and potabic for
microbiological and oin..er relevant danger, human consumption with acceptable backflow presention 4`le%jzts :.j
(b) Facilities shall comply. with Federal or State standards prevent contamination of the drinking w=ater system,
where more stringent than those contained herein;
�a y,
33.119 Sews"Disicitsitte. 33,1115 Ventilation.
No person, Firm or public agency shall maintain a resort where All structures and enclosed' patios shall be adequately ventilated.
bathers are invited or permitted to use any WCRR when the waters
thereof are within the zone of degradation and active decomposition 33.1114 8lathitag Smits and Towels.
of known sewn t discharge. Where bathing suits and towels are furnished by the WCRR
(a) No TCRR shall be located where a sewage discharge is management, they shall be properly hundred and sanitized,
known to exist in tht immediate vicinity of.or immediately upsteam (a) Ilituhing suits and towels shall be thoroughly washed;
from bathing areas. rinsed and dried after each use,and when issued,shall be in a condition
(b) Dilution and time of travel between point(s) of known equal to that produced by commercial laundries:
sewage discharge and the bathing area shall be sufficient to allow natural (b) Bathing shits and towels shall be gathered up promptly
petrification to occur so that the presersocof harmful organism of sewage after their use and not allowed to litter the premises;
origin is unlikely. (c) Clean suits and towels shall be kept separate from dirty
suits and towels.
33.1114 Toilets and L.ariitorles.
Adequate sanitary toilet facilities shall be provided: 33.111? Health Requirements.
(a) Separate toilet facilities shall be provided for each sex: No person having a communicable disease shall be employed in
(b) Toilets,urinals and lavatories shall be provided as required any capacity at any WCRR.All persons known to be,or suspected by
y the latest edition of the Uniform Plumbing Code. Appendix C. the DEHS or the management of being afflicted with a communicable
-Assembly Places for Public Use.' disem,shall be excluded from the WCRR,until clearance is obtained
(c) Urinals and toilets shall be so located thattheyare easily from the Health Officer or a:licensed physician.
accessible to the bathers;
(d) Water flush toilets shall be provided wherever possible; 33.1119 Refuse Handling.Control of Rodents and !meets,
Where chemical toilets are permitted,they shalt be from an approved Every WCRR and its environs shall be maintained an a clean
source and serviced on a regular basis by a permitted operator. condition.No of refuse.All rodent harborage and'insect breeding areas
(e) All toilets shall be kept clean and in working order, shall shall be eliminated.
be properly serviced with toilet paper,and shall be maintained in good
repatir. 33,1119 Notices for hillier SofetylProteetion.
(f) Lavatories shall be located adjacent to toilets and shall Mortices shall be posted regulating the conduct and the improper
be provided with running writer.bland washing detergent or soap and practim of bathers.
sanitary towels in dispensers or air blowers shall be provided. (a) Notices shall be putted about the premises requesting
bathers to malts use of the toiku,and where available.showers,before
.33.1111 Showers. entering the water.The DENS may require posting of notices regulating
Where such facilitits are provided they shag be sanitary and public conduct.
adequate. (b) Notices sisals be piloted regarding exclusion of persons with
(a) Running water tender pressure shall be available, a communicable disease;
(b) Soap shrill be provided in dispensers or containers on (c) 'Where no lifeguard is provided, a warning sign shall b
indoor showers;. placed in plain view aiong shorelines at reasonable intervals and
(c) Tem water should be provided at all showers, shall state"Wanting-No Lifeguard on Duty,Children Under Age
(d) Showers shall be of such design that a proper mixture of of 14 Should Not Use Without An Adult in Attendance,"with clearly
hot and cold water may be obtained without danger of scalding the legible letters at lost finer! (4") high (10.3 cm).
bather.Where hot water is available,its temperature shall not exceed (d) At all WCRR, diagrammatic illustrations of approved
I ltl'F., mouth-to-mouth artificial respirattion procedures shall be posted.Such
illustrations shall be protected against the elements. The emergency
33.1112 Dressing Rosins.- telephone dumber""'911" shall be prominently posted:
Dressing rooms shall be present where indoor showers are
provided,and shall be sanitary and adequate.Dressing rooms shall be 33,1134 Tenipionary Walm by Director of Environmental Health,
constructed and finished in a safe and sound manlier. Existing„WCRR that do not meet current construction standards
may be granted two(2) years from the date of the adoption of this
33.1113 Floors,.Wallis and Walls. Chapter to comply. The director of the DENS may waive certain
Flours and wants of shower, locker,dressing and toilet rooms, requirements for noncomplying facilities,on an individual basis where
and walls adjacent thereto shall be constructed and maintained so that such waiver would not advesely affect public health and safety.
they will.at all trines, be safe and sanitary.
(a) Floors and walls of shower, locker, dressing and toilet 33.1121 Violasio /R iesttatualtfes.
rooms shall be of a smooth,washable material capable of withstanding It shall be unlawful for any person or entity to violate any provision
repeated 'flushing with a host: of this Chapter_ Except as provided herein.all remedies/penalties of
(b) Partitions shall be waterproofed to a height of twelve Chapters 1,2,and 3 of this EHC shall apply to this Chapter,and are
(12)inches above the floor or terminate at least eight(8)inches above in addition to all others provided by law:
the floor;
(c) Floors and wants shall be hosed down daily;
(d) Floors and walks of change rooms, dressing rooms, Article
showers and hallways which are apt to be wet,shall be constructed of NATURAL WATER RECREATIONAL RESORT(N4i 1181
roughened cement, tate or other impervious material so as to reduce
slip hazards, such floors and walks shall be laid on an even pitch of
one quarter(1/4)inch to three-eighths(3/9)inch per foot,and shall 33.1122 Design and+Co action of Natural Water Recreation
be maintained in good repair; Resort (NWRR).
(e)
All floors shall drain into covered sanitary drainways or For bathing beaches along lakes and water courses, Or natural
floor drains: settings with partial artificial construction or development,evaluation
(f) A system of piped water with an adequate number of hose of the suitability shall include:
bibbs shall beprovided to enable the flushing of all floors. (a) A sanitary survey of the area's watershed.
(g) Walls and ceilings of dressing rooms may be constructed (b) How water quality is affected by the area's nettrolo y:
of other materials approved by the DEIr& (c) Any epidemiological data linking illnesses to use of the area,.
(d) The water circulation and dilution patterns;
33.1114 Lighting. (e) Haaard analysis for the location of submerged. objects.
Artificial lighting shalt be provided for all bathhouses and dressing sharp drop-offs, stability of bottom, slopes and depihs, dangerous
rooms that are to be used at night and for those that do not have currents,tddies and deep pools and water clarity,
adequate natural lighting. (f) The proposed activities and access devices„
(a) Lighting fixtures shall be of such number and design that (g) Plan reviewi
all areas of the WCRR are adequately illuminated.
(b) Arrangement and design of the lights shall be such that 33.1123 Haaatrd Control. ti
lifeguards may see clearly every part of the bathing waters,the beach; (a) The waters and environs of all Nei,RR bathing area(s)seal
all diving boards„towers,floats and other appurtenances without being be kept free of slime,algat,aquatic growths,organic sediments.debris
blinded by the lights;underwater lights shall be ptrsent and adequate and rather offensive materials to thetment necessary to prevent accidents,
where nighttime swimming occurs. drownings and public nuisances.The breeding of mosquitoes,midges:
(c) All lights shall be adequattly protected to prevent breakage waiter snails, and other aquatic pests shall be proptrls controiiesi.
and electrical shock hazards: (b) Hazards:
36
(1) No person or entityshall allow the use of any NWRR lifeguards may not offer sufficient protection to swimmers,the t3 HS
without first and periodically thereafter carefully sounding the depth tray require that ant or more square stern boats be,provided, Safety-:
of the water in the bathing area,and locating all eddies, pools, and equipment shall bt accessible,plainly marked,and kept in good repast.
dangerous currents,sunken togs,rocks,projections and obstructions Adequate first aid supplies shall be present, and include at least one
in the stream, rifer or take. (1)American Red Cross twenty-four 24)Unit or equivalent first aid
(2) o person or entity shall allow use of any NWRR kii, Every NWRR shall at all times have an approved back board,
without posting prominent signs indicating,in conspicuous letters at stretcher, and blankets readily available for emergency use only.
least tour inches(4")high(or as directed by the DENS)the depth of (f) Communicatiom Telephone/radio equipment shall be readily
the water in the bathing arrear,the location of all pools and eddies,and available and operable at or near the lifeguard stations such that outside
the presence and direction of dangerous currents.sunken togs,rocks, emergency aid/personnel can be quickly summoned. The 911
nroitetions. and obstructions in the water, The signs shall bt placed emergency number shall bt posted at the nearest telephone(s).
ano permanently maintained adjacent to the bathing area when bathing fill Clarity;Water clarity should be maintained so that the entire
and/or swimming is permited or invited, bottom is visiblt from the lifeguard stations. For nonrestricted use,a
(3) No person or entity shall maintain a NWRR unless minimum'visibility of four and one-half(41A.)feet shall be maintained
safety roM and buoys are so located and permanently maintained within the entire designated swim area whenever it is open. Warning
wherever necessary to show the location of eddits, pools, dangerous signs for impaired water clarity shall be conspicuously posted whenever
currents,sunken obstructions.and other hidden dangers to bathers in the minimum visibility cannot be maintained.A registered civil engineer
the water. should be consulted for remedial measures to be taken on the bottom
composition if the water clarity is impaired.The bathing area shall be
33.112+~ The Design and Coastructi"of NWRR Witter a Direct closed when clarity is so impaired that a six inch (b") bl=ack disc on
Fee is Charged or With-Access Deviet(s) a white background is not clearly visible at a two (2) foot depth,
#a) Shape; The bathing shorelines shall be formed and Appropriate signs indicating the swimming/bathing area closure,and
maintained in wide curves,shall avoid angles or narrow confined the reason for said closure, shall be conspicuously posted by Else
inlets and shall otherwise avoid any tlesigriTikely to impede circulation, owneri"operator.tThe swimming/bathing area shall not be placed back
obstruct visibility, or create any public health or safety hazardu A into operation without written permission from the DENS,
supplemental means of circulation(inflow and outflow of water)shall (h) Bathing Capacity::A minimum of twenty-five(25) square
be provided as necessary if evidence of present inadequate circulation feet of water surface area per bather"shall be provided in the shallow
is observed by the enforcing agent. Such ;supplemental circulation waster area(depths teas than four and one-half(41A)feet),and at least
methods shall first be approved by the DENS. seventy-rive(75)square feet per bather shall be provided per bather
(b) Design and Operation of Swimming/wading Areas: Ail in deeper areas.
swimming/wading and similar water contact activitie=s shall be restricted
to specified areas which shall be conspicuously m=arked by buoys located 33-1125 Tbo Desip staad CArastruction for NWRR 'Where No
at the four and one-half(4A)foot depth,and at the outer perimeter Dirties Fee is Clistrigod, and Without Acmes Dev
of said areas,Such buoys shall be placed at proper intervals,be of such. (a) A deu ed swimming and/or wading ata shall be provided
size,and be marked with numerals/colors or signs sufficient to inform per Staicin 33.f I4(b)with bottom composition per Section 33.1124(c)
tiers of the water depth at such buoys,and shish otherwise be sufficient and with water clarity per Section 33.1124(g)„
to warn users and boaters of the deep water swimming area limits,The (b) Safety equipment signs shall be provided and maintained
bottom slope of the swimming/wading atretic from the shoreline to the and will include,but are not limited to:Life Ring or throw buoy and
four and one-half(4 14)foot depth shall be not more than one(1)foot line.Rescue Boat per CaliforniaHealth and Safety Gude Section 244101:
vertical in each twelve(12)feet horizontal, signs: "Warning, No Lifeguard on duty,Children Under t4 Should
(c) Bottom Composition:"T4re bottom of the swimming and Not Use Without An Adult In Attertdatnce:"an approved mouth-to-
wading area from the shoreline to the four and one-half(414)feet depth mouth artificial respiration di grata;emergency°"911"phone number,.
shall be covered with river-ruts rota sand particles or other approved= and a minimum ten(10) unit first aid kits. Signs shall be located so
light-colored mtaterial,and sufficiently thick to prevent abrasion of feet: as to be protected from the elements.
by rocks and to contrast submerged bather's body against a light-
colored background.
(d) Surface Drainage:Except for natural springs and streams. Article 3
all surrounding surface drainage,such as from streets,gutters,and every ARTIFICIAL WATER RECREATION RESORT(AWRR)
other significant source of polluted water from the land surrounding
the body of water,shall be property diverted away frame the water body 33.112+6 Design and Coastruetion of Artificial Water Recreation
and disposed of in such a manner sea as to not create a public nuisance. Resort (AWRR)
Minor flows into the body of water may be permitted by DENS when For AWRR of less than twenty thousand (20,000) square feet,
wattr quality standards are not adversely affected, When run-off and', "The Design. Construction, Operation and Maintenance of Public
drainage create significant public health risks,water contact shall be Swimming Pools"(excerpts from California health and Safety Code,
halted immediately and warnitisigns shall be conspicuously posted California Administrative Code,and Uniform Building Code,published
and maintained by the operator.Nater contact shall not resume without by the State Department Health Services)shall apply,with exceptions
written approval from DENS, as specified in Section 33.1130(c), herein. For AWRR of twenty
(e) Lifeguards:One of the following methods shall be used for thousand (20,000)square feet or more, the Article 2 standards shall
dettirmining the number of lifeguards: 1. At least one lifeguard shall apply except as specified in Section 33.1 t31 herein.
be assigned for each seventy-five(75)bathers or fraction thereof.Under
special circumstances(such as unpaired water clarity beyond a depth , 33.1127 Domestic Water Supply.
of two 121 feet)additional lifeguards shalt be required,with at least one A safe and adequate water supply shall be available for all domestic
(1)lifeguard per twenty-five(25)bathers or fraction thereof; 2. or a purposes at AWRR, meeting Article 1, Section .33.115 requirements,
lifeguard safety plan shall be submitted which includes stationing and herein.
areas of responsibility.Tht plant should include and consideration be
given to pool depth,wave action, line of sight,bather leads, training; 33,1129 Ancillary Areas and Facilities,
procedures.emergency procedures,lifeguard rotation,and other special; All AWRR shall comply with C.A.C.,Title 24,Sections 2x9(321,,
conditions which might affect the safety of the bathers.The plan must 2.9022, 2-9023.
ensure the safety of bathers and be on file with the enforcing agent.
Lifeguards shall possess qualifications at least equivalent to 33-11251 Clarity.
those provided in the California Health and Safety Cade, Section AWRR waters shall be maintaintd in as clear a condition as
24100.1 and shall additionally possess an unexpired card showing practical, In every portion of all artificially constructed swirnming:
completion of an approved cardiopulmonary resusitation(CPR)course; wading areas, the water shall be sufficiently clear so that during all
and or in good physical condition.Lifeguard stations shall lye located periods of use, the body,of a person on any part of the btottorn shall
as close as practicable to the bathing area shoreline and within thirty ire readily visible at one(1)or more lifeguard stations,The DEHS shall
(30) feet of the shoreline. Lifeguards shall be isolated from the user order the closure of the water contact areas for those facilities less than
public by occupying elevated seats or stands. All lifeguards can duty twenty thousand(20,000)square feet;failing to meet C.A,C_Title 22;
shall be idenitfitd by.distinguishing apparel,emblems or signs, When Section 05527, For AWRR greater than twenty thousand t20, )square;
on duty,lifeguards shall not perform any rather duty;and shall nor be feet,or in existing AWRR when natural occuring conditions, i e;,clay
in the wAier except its list litre of duty. Lifeguards shall be provided' bottom,aquatic plant growths, interfere with ready cornphance with
v -e ,e safety equipment such that they may property perform- the above clarity standards, the BENS may allow for tempCrrar%
their duties. Rescue equipment stiall be readily available to each rescue substitute safety measures,including additional lifeguard super%ision,
station and include rescue tubes/buoys, swim masks, life rings with if it appears that such additional temporary safety measures 4tiil
attached rape, and rescue boards or boats,as may be required try the: sufficienilm compensate for the turbid water condition, so as to
DEHS When any take is of such size that unaided swimming by adequately protect bathers, safety; until effectn%e and anoro t;J
1 i;
a �r
prriparient w-orrective treasures are developed.If such additional safety Article 4
measures ars not deemed effective,the swimming area shalt be closed ENCLOSURE OF POOL AREAS
upon order of the DENS until such time av the water clarity has
improved to an acceptable level, Acceptable shall mean that a six(6) 33.1132 Enclosure of Pool Areae,
inch black disk on a white background is clearly visible at a minimum Pool enclosure requirements, as per the C.A.C., Title:4, Nholl
depth of four and one-hall'(414) feet. apply to all pools under the jurisdiction of DENS,and shall meet the
following additional requirements.
33.1131E The IAe igts and Construction for All AWRR Less Than (al Local Building Department(s)enclosure regulations which
Tweat+ Tbousaed (20,000)Square Feet. or Where Tlam are more stringent than State code shall apply,
its as Aceesis Device. (b) Any pool construe°tcd✓"retonvtrucird/temodeled after the
(a) The California Health and Safety Code. Division .10., effective date of this chapter shall not have any residences or dwelling
Chapter:(.Sea:tion Z4100-24109 shall apply, units which open directly tanto the pool arta or deck. Where it ws
(b) C.A.C. Title 22. Chapter 20 shall apply% impractical for existing pools to meet this requirement„such pools may
(c) C. ,C.Title 24,Chapter 2-90 shalt apply with the following be granted an exemption to this section on a se•by-cas,e analysis c
exceptions. DENS. All pool plans hereafter submitted to the DENS shall show
II) Basin Construction._C.A.0 Title 24,Section 2.9011(c) compliance with this requirement. Final inspection and approval keg
shall allow light(pastel)colors other than white when approved by the DENS of all such pools shall be withheld until all compliancr is
DENS: accomplished,
12) Basin Geometry without access device(s)shall provide
shoreline which is self-draining and shall be formed in wide curves, SECTION 4.This ordinance shall take effect thirty(30)days after
avoiding sharp angles or harrow confined inlets which can impede its adoption.
circulation or obstruct visibility.Surface drainage shall be diverted away
from the AWRR and not allowed to now into the water, except for ROBERT L. HAMMOCK, Chairman'
minor flows which would not adversely affect water quality. Board of Supervisors
(3) Decks shall not be required where public access may SIGNED AND CERTIFIED THAT At CDPD'OF
create a hazardous condition(access device alit areas), Where a deck THIS DOCUMENT HAS REQ
BEEN DELIVERED
is required for rant from basins provided with access devices,the exit TO THE CHAIRMAN S THE DELI E
area shall be at least eight(8) feet wide.
D.
(41 Turnover Time. The recirculation and purification MARTHA M. SCUDDER
system shall have sufficient capacity to provide a complete turnover Clerk of the Board of Supervisors
of basin water-,with access device(s)in thirty(30)minutes or tees.without of the County of San Bernardino
access device(s)six(6)hours or less lot as nestled to provide adequate
turnover). STATE OF CALIFORNIA
(i) Perimeter overflow system may be used in combination COUNTY Of SAN BERNARDINO
with surface skimmers if hydraulically designed in accordance with 1.MARTHA M.SCUDDER.Clerk of the Burd of Supervisors
acceptable engineering principles. of tate County of Sart Bernardino,Stine of California, hereby certify
(6) Lifesaving,First Aid.and Control of Bathers.At least that at a regular meeting of the Board of Supervisors of said Countyr
one (1) lifeguard shall be assigned for each fifty (30) occupancy or and State,held on the 22nd tiny of December, 19116.at which meeting
fraction thereof,Additionally.Article 2.Section 33.1124(e)and Sectionwere present Supervisors Robert L.Hammock, ,John Joyner.
33.1 t24(6 shalt apply. Jon ikels;Barbara Craps Riordan,Larry Walker:and the Clerk,the
(7) Signs —Occupant Load. AA sign with clearly legible foregoing ordinance was passed and adopted by the following vote,io
letters not less than four(4)inches high shall be posted in a conspicuous wit:
place near the entrance to the swimming area which shall include the AYES:Sulsoyison Joyner.Mikt s.Riordan,Walker,Hammock.
number df occupants permitted.A minimum of twenty-rive(2:l)square NOES: None.
reit of water surface area per bather shall be provided in all water areas ABSENT: None,
with a depth less than four and one-half(4'A)feet and at least seventy- IN WITNESS WHEREOF. I have hereunto act my hand and
live(73)square feet per bather shall be provided in deeper areas. affixed the official seat of the d of Supervisors this 22nd day of
(8) Emergency Shut-Off Switch. A prominently marked December, 1986;
emergency shat-off switch for the control of the mechanical recirculation
system shall be installed adjacent io the primary lifeguard stations MART14A M. SCUDDER,
Clerk of the Board of Supervisors
33.1131 The Design and Construction for AWRR With a Surfaec of the County of San Bernardino;
Area Twenty Thousand:(20,000) Square Feet or Mort. State of California.
and Without Access Devices.
The Article 2 standards shall apply,with the following exceptions:
Bottom composition of the swimming and wading area shall be concrete
or other approved material from the shoreline to at least the Cour and
rant-half t4'4-1 foot depth minimum,
iii
I, Lorrie Poyzer, City Clerk of the City of Redlands,
California, hereby certify that the attached document
is a true and correct copy of the Environmental
Health Code of San Bernardino County adopted by
reference in Ordinance No. 2013 of the City of
Redlands, California.
Dated this 7th day of April, 1988.
Eorri—e Poyzer—, �V--d—ierk
City of' Redlan< California