HomeMy WebLinkAboutORD 681ORDINANCE NO. Gal
AN ORDiNANCE OF THE CITY OF PAut DESERT,
CALIFORNIA, ADOPTING BY REFERENCE RIVERSIDE
COUNTY ORDINANCE 712, REGULATING THE
COLLECTION, TRANSPORTATION AND REMOVAL OF
LIQUID WASTES AND ANIMAL BY-PRODUCTS.
WHEREAS, the City Council of the City of Palm Desert,
California, is concerned with the dumping of liquid waste and
animal by-products into sewer lines; and
WHEREAS, the City Council finds it necessary to regulate and
enforce against said dumping, in the interests of the public
health, safety and welfare;
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES HEREBY ORDAIN as follows:
Section 1: The City Council of the City of Palm Desert,
California, hereby adopts by reference Riverside County Ordinance
712, and as may be amended, and any future adopted County
resolutions implementing Ordinance 712, which Ordinance and
Resolution(s) regulate the collection, transportation and removal
of liquid wastes and animal by-products.
Section 2: The City Clerk shall certify as to the passage
and adoption of this ordinance and shall cause the same to be
published once in the Palm Desert Post, a newspaper of general
circulation, printed, published, and circulated within the City of
Palm Desert, and the same shall be in force and effect thirty (30)
days after its adoption.
PASSED, APPROVED, and ADOPTED this 28th day of May 1992,
by the City Council of the City of Palm Desert, California, by the
following vote, to wit:
AYES: BENSON, CRITES, SNYDER, KELLY
NOES: NONE
ABSENT: WILSON
ABSTAIN: NONE
ATTEST:
CL-
SHEILA R.; ILLIGAN, City C'lerkkJ
City of P m Desert
RI kAR "KELLY,MayorCity of
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ORDINANCE NO.712
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
REGULATING THE COLLECTION, TRANSPORTATION AND REMOVAL OF
LIQUID WASTES AND ANIMAL BY PRODUCTS
The Board of Supervisors of the County of Riverside, State of California, Ordains as Follows:
Section 1. DEFINITIONS: The terms as used in this Ordinance shall have the following meanings:
A. "Animal by-products" shall mean the bones, fat, grease, meats and blood waste
generated by the processing of meat for animal or human consumption at locations including, but
not limited to, butchering facilities, markets, restaurants, or packaging plants.
B. "Approval" shall mean the written approval by the Health Officer or his designated
representative.
C. "County" shall mean, the County of Riverside, State of California.
D. "Deodorizer or other Additives" shall mean any substance that is placed in the waste
receptacle of a portable toilet for the purpose of controlling odors and/or decomposition.
E. "Department' shall mean the County of Riverside Department of Health.
F. "Disposal Site" shall mean a liquid waste facility including, but not limited to, evaporation
ponds at sanitary landfills, sewage treatment facilities and reclamation facilities that are licensed,
permitted or approved by all governmental bodies and agencies having jurisdiction.
G. "Employer" shall mean any person operating a business at which 10 or more persons
work in locations for more than 4 consecutive hours in any one day. This includes, but is not
limited to, manufacturers and construction contractors.
H. "Grease Trap/Interceptor" shall mean a clarifier or other device used to retain grease
from normal wastes and permit normal sewage or liquid wastes to discharge into the disposal
terminal. Waste removed from clarifiers used for any other purpose shall be considered Industrial
waste.
I. "Handling" shall mean the transporting, transferring, pumping, processing, storing, or
packaging of waste referred to in this Ordinance.
J. "Health Officer" shall mean the Health Officer of the County of Riverside or his designated
representative.
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K. "Hazardous Material" shall mean a substance or combination of substances which,
because of its quantity, concentration, or physical, chemical or infectious characteristics may
either:
1. Cause or significantly contribute to an increase in mortality or an increase
in serious irreversible, or incapacitating reversible, illness, or
2. Pose a substantial present or potential hazard to human health or
environment when improperly treated, stored, transported or disposed of or
otherwise managed.
L. "Industrial Liquid Waste" shall mean any and all liquid or water borne waste from
industrial or commercial processes, except septic waste (domestic sewage).
M. "Intermediary Storage Tank" shall mean a stationary tank used for the temporary storage
of non -hazardous liquid waste which will be transported off site to a disposal site for subsequent
treatment or disposal.
N. "Liquid Waste" shall mean all non -hazardous wastes that are neither solid nor gaseous.
O. "Liquid Waste Vehicle" shall mean any conveyance or portable equipment used in the
collection and/or transfer of residential or commercial non -hazardous liquid waste. It shall also
mean any vehicle which is used to transport sewage sludge and vehicles used to collect or
transport animal by-products. When used in conjunction with a tractor/trailer mounted collection
unit, vehicle shall refer to the trailer.
P. "Maintenance Facility" shall mean the yard or location wherein those companies with
portable toilets and/or three or more vehicles, clean, repair and store vehicles or toilets when not
in use, or where an "Intermediary Storage Tank" is located.
Q. "Portable Toilet' shall mean a self-contained, flush or non -flush toilet wherein the waste is
deposited directly into a reservoir which may contain a solution of water incorporating an
approved deodorizer or other additive for odor control. The units may be mounted on mobile
trailers, skids, or otherwise readily movable structures. These facilities are also known as
"chemical toilets".
R. "Person" shall mean any person, firm, business, sole proprietorship, partnership, joint
venture, trust, association, or corporation whether for profit or nonprofit.
S. "Promoter" shall mean any person which assumes the financial and/or legal responsibility
for an exhibition, special event or other activity at which the general public may gather. These
activities include both "free" events and events for which an entry fee is assessed.
T. "Septic Waste" shall mean the liquid and water borne wastes derived from the ordinary
living processes, free from industrial wastes, and of such character as to permit satisfactory
disposal, without special treatment, into the public sewer or by means of a private sewage
disposal system. This is also known as domestic sewage.
U. "Sewage" or "Sewage Effluent' shall mean any and all waste substances, liquid or solid,
associated with human habitation, or which contains or may be contaminated with human or
animal excrement, offal, or any feculent matter.
V. "Sludge" shall mean the non -hazardous solids, semi -solids or liquids generated by the
processing of liquid waste by a community or municipal sewage treatment plant.
W. Toilet Facility" shall mean a fixture maintained within a toilet room for the purpose of
defecation, urination, or both.
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X. "Toilet Room" shall mean an enclosure containing one or more toilet facilities.
Section 2. PROHIBITIONS:
A. No person shall engage in the business of providing or cleaning portable toilets or the
cleaning of septic tanks, cesspools, sewage seepage pits or grease traps, or engage in the
transportation of wastes collected by such cleaning, or handle the wastes from any animal by-
products, or other non -hazardous liquid waste within the County of Riverside in violation of this
Ordinance.
B. No person shall provide or use an Intermediary Storage Tank in conjunction with a liquid
waste handling business regulated by this Ordinance without prior written approval from the
Health Officer.
C. No person shall operate a Liquid Waste Vehicle, furnish or provide a portable toilet or
toilets, handle the wastes from animal by-products, clean septic tanks, etc., or maintain or
operate maintenance facilities without holding a current unrevoked and unsuspended permit
issued by the Health Officer. Persons or vehicles regulated through other Ordinances or
programs enforced by the Department may be exempted from the permitting requirements of this
Ordinance upon written statement issued by the Health Officer.
D. Employers and promoters shall provide or cause to be provided toilet facilities meeting the
specifications as established by resolution adopted by the Board of Supervisors.
E. All wastes or other material collected under the authority of this Ordinance shall be
transported to a disposal site approved by the Health Officer for that type of waste. The express,
written permission of the operator of the disposal site shall be secured by the permittee prior to
disposal at the site or into any system which is connected to the site.
F. The standards established for the acceptance of waste by the operator of the disposal sites
shall be observed at all times by permittees.
Section 3. SPECIFICATIONS: The Health Officer is hereby authorized to issue permits authorizing the holder
thereof to perform the following services in accordance with the requirements of this Ordinance:
A. Type.of Service Provided: The permit issued will allow the permittee to provide collection
service(s) for removal and transportation of all wastes as defined in this section. The permittee
shall take all steps necessary to assure that such handling is completed in a safe, sanitary and
efficient manner.
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SEPTIC WASTE
a. The permittee is authorized to collect and transport all
residential and commercial septic wastes as defined.
b. The permittee is authorized to collect, transport and
dispose of industrial waste as defined upon verification that said
waste is free of any products or contaminants which could result
in a classification as hazardous waste.
C. The permittee shall be required to conduct testing of all
waste to include at least a pH analysis of each load accepted.
Waste with a pH less than or equal to 2, or greater than or equal
to 12.5 is considered a hazardous waste and shall not be
handled by permittees unless a valid permit for hazardous
materials collection has been secured from the California State
Department of Health Services.
d. Each residential septic tank pumping customer shall be
informed, in writing of:
1) The number of compartments within the
system to be pumped;
2) An assessment of tank condition as to
necessity for pumping chamber(s) in addition to
the primary. For routine maintenance, all
compartments of a septic tank should be made
available for pumping of liquid and solids:
3) The number of compartments actually
pumped;
4) The number of gallons removed;
5) The pH value of the load.
e. The permittee shall instruct all septic service customers in
the operation and proper maintenance of their sub -surface
disposal system.
2. PORTABLE TOILETS
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a. The permittee is authorized to provide, place, and service
portable toilets.
b. Portable toilets shall be commercially manufactured units
built and maintained to standards established by Resolution of
the Board of Supervisors.
C. The employer and/or promoter of businesses, construction
and demolition sites and public events where permanent toilet
facilities of sufficient number are not available shall provide
these sites/events with portable toilets in the numbers specified
by Resolution of the Board of Supervisors.
d. Portable toilets are to be cleaned and sanitized by the
permittee at least once a week. A permanent maintenance
record for each unit, listing the dates the unit has been serviced
and the deodorizer used, is to be maintained on the inside wall
of the portable toilet for confirmation by the Health Officer.
e. Deodorizing/sanitizing additives, used in the waste
container shall be in accordance with applicable federal, state
and local provisions.
f. Portable toilets shall be thoroughly cleaned and sanitized
before being moved to a different location. If repairs are needed,
the portable toilets shall be taken to the company's maintenance
facility and repaired to meet the standards set by resolution of
the Board of Supervisors.
3. ANIMAL BY-PRODUCTS (FAT/GREASE)
a. The permittee shall take all steps as may be reasonable
and necessary in order ato assure that the collection of all fats,
animal by-products or grease collected for the purpose of
reclamation, reuse or disposal is handled in a manner which will
minimize spillage, public hazard or nuisance.
b. All contents from grease traps/interceptors or liquid animal
by-products (such as egg shell waste) shall be collected with an
approved vehicle and discharged to either:
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4. SLUDGE
B. HANDLING OF WASTE
1) A disposal site specifically approved for
grease trap wastes, or
2) A facility which processes the waste for
reclamation or subsequent discharge.
C. Where liquid animal by-products or grease is stored by the
generator in leakproof approved containers, the storage
container itself may be transported on or in an approved vehicle
to the processing facility.
d. Solid animal by-products such as bones, fat or meat are to
be transported on or in an approved vehicle to a processing
facility. Collection and transportation of solid animal by-products
to a disposal site by any person other than the generator
constitutes Solid Waste Collection as regulated under separate
County Ordinance and therefore is prohibited under the terms of
this Ordinance.
a. The permit issued by the County will allow the permittee to
provide collection, transportation and handling of sludge. This
permit does not authorize the permittee to engage in the Land
Application of Sewage Sludge for Agronomic purposes, which
activity is regulated under County Ordinance No. 696. This
permit does not authorize the permittee to engage in the
composting of sewage sludge, which is regulated by other
County and Stat regulations, and is therefore not allowed under
the terms of this Ordinance.
b. Sludge shall be delivered only to disposal, or processing
sites approved and/or permitted by all agencies with jurisdiction.
The permittee shall take all steps as may be reasonable and
necessary in order to assure that the collection and
transportation of all sludge for the purpose of reclamation, reuse
or disposal shall be handled in a manner which will minimize
public hazard or nuisance.
1. All waste hauled by the permittee shall be contained or enclosed to
prevent leaking, spilling or inadvertent discharge.
2. Any discharge or spillage at a location other than an approved disposal
site or processing facility shall be cleaned and appropriately disinfected prior to
the vehicle driver's departure from the site. Such discharge or spillage shall be
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reported by the permittee to the Health Officer within 24 hours of the incident.
3. Any container, vessel, tank or vehicle used to store, collect or consolidate
waste collected by the permittee prior to discharge or delivery shall be approved
by the Health Officer and is subject to approvals or permits by other agencies
with jurisdiction.
C. REPORTS. Every permittee shall provide one or more reports as required by the Health
Officer within 10 calendar days of the end of each calendar month on forms supplied by the
Department.
1. Permittees handling septic or grease trap waste. The report shall be
written in a clear and legible manner and shall list all septic tanks, cesspools,
grease traps, sewage seepage pits or any other non -hazardous waste containers
pumped or cleaned by the permittee during the month. The report shall list the
date, address of the property, the name of the owner or tenant, gallonage
pumped from the site, the disposal site, and total gallonage disposed for that
month.
2. Permittees servicing portable toilets shall report the number of toilets
serviced, the volume removed and the disposal site(s).
3. Permittees handling animal by-products shall report the volume or weight
of the materials collected during the month and the processing site(s) to which
the animals by-products were delivered.
4. Permittees handling sewage sludge shall report the source, volume and
disposal site for each load transported in the County.
D. FACILITIES AND EQUIPMENT.
1. The permittee shall maintain its maintenance facilities in a clean and safe
condition. The permittee shall, upon request, provide a clearance from the
appropriate planing agency, Regional Water Quality Control Board or other
appropriate public or private agencies approving the site for all uses intended.
2. Maintenance facilities at which vehicles or portable toilets are washed shall
be provided with adequate drainage to an approved sewer or subsurface
disposal system. The entire lot shall be adequately sloped for drainage control.
All hose bibs and other water outlets shall be protected by an approved backflow
prevention device.
3. Vehicles used shall meet the following specifications:
a) All vehicles used for the collection of waste in a liquid form
shall be equipped with a reliable tank content level indicator,
shall be water tight, and have water tight covers on the
manholes and fittings.
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b) Vehicles which are used exclusively to service portable
toilets may be exempted from the requirement of a tank content
level indicator, at the discretion of the Health Officer.
c) The name (or DBA) and address or phone number of the
person to whom the permit is issued shall be printed on both
sides of the vehicle. The letters shall be a minimum of three
inches (Y) in height and fully visible and legible at all times. The
liquid waste tank capacity shall be approved and certified by any
County Department of Weights and Measures or similar agency
and clearly indicated on both sides of the vehicle in contrasting
letters no smaller than one inch (1 ").
d) All discharge valves or gates shall be operated from the
valves or gates themselves and not by controls within the cab of
the truck. Contents shall be discharged through a closed line
without spilling or splashing and all valves shall shut tightly
without difficulty. The discharge line shall be equipped with a
leakproof cap which shall be fitted over the outlet pipe at all
times, except when the contents of the tank are being
discharged. This cap shall be securely attached to the vehicle by
a chain or similar device as approved by the Health Officer.
e) All pumps shall be leakproof and all lines used for
pumping or cleaning of waste disposal systems shall be
furnished by the permittee.
f) All vehicles shall be kept clean of splashings and waste
accumulation. All vehicles shall be kept in good repair, and not
leaking oil or other fluids onto the surface of the ground.
g) All water used in cleaning lines and equipment shall be
discharged into an approved sewage disposal system or
disposal site.
h) Each vehicle shall carry a minimum of five (5) gallons of
fresh water on the vehicle.
i) Each vehicle shall carry a garden hose of at least twenty
five (25) feet in length and one (1) gallon of disinfectant for
cleaning spillage.
k) Vehicles used for transporting wastes not in a liquid state
shall be designed, constructed and maintained to eliminate the
potential for spillage. Such vehicles are subject to any of the
above requirements which are appropriate for the waste being
transported.
1) Vehicles are to meet all standards established by other
government agencies including, but not limited to:
1) Vehicular emissions,
2) Safety equipment or OSHA standards,
3) Noise levels,
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4) Applicable Highway Patrol inspections.
E. PERSONNEL. Permittee shall be responsible to see that his personnel involved in the
handling of waste collected under the authority granted by the permit are adequately trained and
experienced in liquid waste collection, sanitation responsibilities and use of acceptable public
relations skills.
F. HANDLING OF COMPLAINTS. Permittee shall be equipped to directly receive and
promptly process all customer complaints associated with the service provided. The Health
Officer shall provide general assistance to permittees' customers who complain to the
Department and shall refer such customers to the permittee for more specific problem resolution.
The permittee shall give prompt, courteous attention to all complaints and resolve them to the
satisfaction of the Health Officer.
G. CHANGE OF ADDRESS. The permittee shall report any change of ownership, DBA or
address of the place of residence or business of any person permitted under this Ordinance
reported in writing to the Health Officer by registered mail within 10 days after said change.
Section 4. HAZARDOUS WASTE:
A. A permit obtained under this Ordinance shall not authorize the collection, handling or
disposal of non -specified solid waste, hazardous or extremely hazardous waste.
B. In the event that permittee inadvertently collects or is refused disposal of waste on the
basis that said waste is believed to be hazardous waste or extremely hazardous waste, permittee
shall immediately notify, by telephone and in writing, the Health Officer, and the local fire agency
or affected city, listing the following information:
1. Name, address, and telephone numbers of the permittee.
2. Name, address, and telephone number of the location from which the
hazardous or extremely hazardous waste was collected.
3. A description of the type of hazardous or extremely hazardous waste
collected.
4. Location at which the hazardous or extremely hazardous waste is being
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held.
Section 5. APPLICATIONS:
All applications for a Liquid Waste Vehicle permit or a Maintenance Facility permit shall be filed with the Health
Officer upon a form provided by the Department. The application shall state the owner's name in full, if a
partnership the names of each of the partners, the relationship of the applicant to the firm or partnership, the DBA
if different than the owner's name, the location of business or maintenance facilities, the mailing address, the
business phone number and the place of residence of the applicant. The application shall also state the exact
location of all disposal site(s) utilized, a list of the cities and other counties in which the business will operate and
a list of the vehicles requested to be permitted, to include the make, model, year, California License number and
waste capacity.
Any person in Riverside County who intends to use an Intermediary Storage Tank located below the surface of
the ground shall also submit a clearance from the Land Development Branch of the Department. This clearance
will assess the size of the proposed facility, if existing, will review a C-42 License contractor's evaluation of the
tank or tanks and if new will insure applicable approvals have been obtained from the appropriate County
Departments.
Any person who intends to handle both hazardous materials and liquid waste shall demonstrate evidence that a
valid permit for hazardous materials collection has been secured from the California State Department of Health
Service.
Section 6. PERMIT FEES:
Prior to the issuance of a public health permit, there shall be paid to the Health Officer the fees indicated below:
(1) First liquid waste vehicle $120.00
(2) For additional activities
a) Each vehicle after the first (1st) vehicle
$ 80.00
b) Maintenance facility $ 60.00
c) Transfer or receipt $ 10.00
d) Registration tag (decal) replacement $
5.00
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All permits shall be issued on a calendar year basis. A permit issued for less than one year shall be prorated to
the quarter. If an application for a permit or permit renewal is made more than 30 days after the date that such
permit is required, the applicant shall pay an additional fee of 20% of the fees normally due. If an application for a
permit or permit renewal is made more than 60 days after the date that such permit is required, the applicant shall
pay an additional fee of 100% of the fees normally due. The Health Officer shall provide a decal for each
permitted vehicle. The decal shall be permanently affixed to the windshield so as to be clearly visible at all times.
Upon completion of the vehicle inspection report, a copy shall be furnished to the operator. Liquid Waste vehicles
operated under a State of California permit to handle hazardous waste are exempt from the payment of fees.
Fees payable after June 30, 1992 shall be as established in Riverside County Ordinance 640.
Section 7. TERM AND RENEWAL:
The terms, covenants and conditions of the permit shall commence upon execution of the permit, for the duration
of the calendar year or prorated portion of the year in which the permit is issued.
A. No Renewal. The making of a decision of non -renewal and the reason(s) therefore, shall
lie within the sole discretion of the Health Officer. Such decision by the Health Officer shall be
indicated by a written notice to the permittee 45 days prior to the expiration of the current permit.
Any proposal for non -renewal of the permit shall entitle the permittee, (when he so requests) to a
hearing before the Health Officer.
B. Permit Suspension or. Revocation. Whenever the Health Officer finds that a permittee is
not in compliance with the requirements of this Ordinance, a written notice to comply may be
issued to the permittee. If the permittee fails to comply, the Health Officer shall issue the
permittee a notice setting forth the acts or omissions with which the permittee is charged, and
inform him of a right to a hearing to show cause why the permit should not be suspended or
revoked.
C. Appeals/Hearing. A written request for a hearing shall be made by the permittee within 15
calendar days after receipt of the notice. Failure to request a hearing within 15 days after receipt
of the notice shall be deemed a waiver of the right to a hearing. The Health Officer may order a
hearing at any reasonable time within this 15-day period to expedite the permit suspension,
revocation or non -renewal process. The hearing shall be held within 10 county working days of
the receipt of a request for a hearing with a written notice of the decision issued by the Hearing
Officer within 5 county working days thereafter.
Section 8. TRANSFERABILITY OF PERMIT
No assignment or transfer, whether voluntary or involuntary, of the permit issued under this Ordinance or any right
thereunder, shall be made in whole or in part by the permittee without the written approval of the Health Officer.
Section 9. RESERVATION OF COUNTY'S RIGHT TO MANAGE WASTE STREAM
The County reserves the right to manage control of the County liquid waste stream, including the right to direct
deliveries to designated transfer stations, processing facilities, waste water treatment facilities and/or disposal
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sites.
Section 10. RIGHT OF FURTHER REGULATION RESERVED
A. The County reserves the right to apply the basic standards contained in this Ordinance to
other non -hazardous substances which, by their nature and/or composition, in the opinion of the
Health Officer, require special handling procedures consistent with those applied to items
specifically designated herein to adequately manage the waste stream of the County and to avoid
the creation of a health hazard or nuisance.
B. The County reserves the right to require a permit bond, pollution bond, or other insurance
bond of an amount up to $100,000 per permittee, such right to be dependant upon the
reasonable need thereof, as may be determined by the Health Officer.
C. The County reserves the right, at permittee expense, to require independent certification of
the integrity of any tank or vessel used for the collection or handling of wastes.
D. The County reserves the right to require persons providing portable toilets to submit in
writing to the Health Department, the locations of all toilets in service at a given time.
Section 11. INDEMNITY:
A. The permittee shall, at all times, act as an independent contractor, and neither the
permittee, his agents or employees, shall be considered agents or employees of the County of
Riverside. Further, the permittee, his agents or employees shall have no authority to bind the
County, in any manner or on any matter, whatsoever.
B. The permittee as a condition of operating under the permit hereby agrees to defend,
indemnify, and hold harmless, the County, its officers, agents, and employees from and against
any and all claims, demands, expenses, costs, suits, actions, legal proceedings, and attorney's
fees incident to any work done in the performance of the permit, arising out of willful or negligent
acts or omissions of the permittee, its officers, agents, and employees; provided, however, that
the permittee shall not be liable for any suits, actions, legal proceedings, claims demands,
damages, costs, expenses and attorneys' fees, arising out of the sole willful or negligent act or
omission of the County, its officers, agents, or employees.
C. The permittee or applicant for a permit shall defend, indemnify, and hold harmless, the
County, its officers, agents, servants and employees, from and against any and all suits, actions,
legal proceedings, claims, demands, damages, losses, costs, expenses and attorneys' fees,
incident to, or arising out of the application for, the issuance of, or operations conducted under,
any permit issued or applied for pursuant to this Ordinance.
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Section 12. ENFORCEMENT AUTHORITY
It shall be the duty of the Health Officer of his agents to enforce the provisions of this Ordinance.
Section 13. RIGHT OF ENTRY
The applicant shall agree, as a prerequisite to the issuance of the permit to allow the Health Officer, at reasonable
times and upon presentation of credentials to:
A. Enter upon the permittees maintenance facility, place of business or other location(s)
where the permittees vehicles may be stored or engaged in the activities authorized by the
permit;
B. Have access to and copy records required to be kept under the terms and conditions of
this permit;
C. Inspect any collection, transportation or storage vessels or vehicles associated with the
performance of the activities authorized by this permit;
D. Obtain any photographic documentation or evidence.
Section 14. PUBLIC NUISANCE DECLARATION
Any violation of this Ordinance is hereby deemed to be a public nuisance and may be abated by the Health
Officer irrespective of any other remedy herein provided.
Section 15. VIOLATIONS
Violation of any of the provisions of this Ordinance, by any person, firm, partnership, association, or corporation,
whether holding a permit or not, or by any customer, owner, occupant or agent, of a customer or user of waste
services, constitutes an infraction or misdemeanor as hereinafter specified. Such person or entity shall be
deemed guilty of a separate offense for each and every day or portion thereof during which any violation is
committed, continued or takes place.
Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one
hundred dollars ($100.00) for the first violation; guilty of an infraction offense and punished by a fine not
exceeding two hundred dollars ($200.00) of a second violation within two (2) years of the first violation and
perpetrated by the same person. The third and any additional violations perpetrated by the same person shall
constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars
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($1,000.00) or six (6) months in jail, or both.
Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any
penalty shall not relieve a person from the responsibility for correcting the violation at his own expense.
Section 16. SEVERABILITY
If any clause, provision, sentence, or paragraph of this Ordinance, or the application thereof, is deemed to be
invalid as to any person, entity, establishment, or circumstance, such invalidity shall not affect the other provisions
of this Ordinance which shall still remain in effect, and to this end, it is hereby declared that the provisions of this
Ordinance are severable.
Section 17. REPEAL
Ordinance 540 and all amendments thereto, shall be repealed and of no further force or effect upon and after the
effective date of this Ordinance.
ADOPTED: 1-14-92 (Eff.: 2-13-92)
http://www.co.riverside.ca.us/deptsibrdofsup/ords/712.htm 05/30/2003