Sec. 27-5. - Application Process.
Sec. 27-6. - Conditions on permit.
Sec. 27-11. - Conflicting Provisions.
Sec. 27-12. - Construction and validity.
Sec. 27-13. - Violations and penalties.
For the purpose of this ordinance, the following words and phrases are defined:
(a)
County means the unincorporated territory of the County of Sonoma.
(b)
Health department means the Sonoma County public health service.
(c)
Health officer means the Sonoma County Public Health Officer or his duly appointed representative.
(d)
Person means any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
(e)
Permit means a written authorization issued by the public health officer pursuant to this article.
(f)
Transport water means haul water in a container or tank, or by any other means not regulated pursuant to the pure water law, California Health and Safety Code, sections 4010 et seq.
(g)
Domestic use means use for human consumption with a dwelling, household, place of employment, or any facility patronized by the public.
No person shall:
(a)
Supply water to any other persons for purposes of domestic use in the county, or
(b)
Transport water to any other persons for purposes of domestic use within the county unless a permit has been obtained as required by this article.
A valid water supply permit issued under the authority of sections 4010 et seq. of the California Health and Safety Code fulfills the permit requirements of subdivision (a).
This article is applicable regardless of whether the activities regulated are performed for compensation; however, it shall not apply to persons providing potable water for their own single family dwelling units. This article is not intended to apply to bottled water, regulated pursuant to sections 4040 et seq. of the California Health and Safety Code.
Applicants for a permit under this article shall file with the Health Officer on a form furnished and approved by the Health Officer the following information:
(a)
Firm name.
(b)
Name, business address and business phone number of owner and operator.
(c)
Home address and home telephone number of owner and operator.
(d)
Location and description of source of water to be transported.
(e)
Name and address of laboratory designated to perform chemical and bacteriological tests.
(f)
Base location of transporting vehicles.
(g)
Vehicle make, model, year and license number.
(h)
Description of water containers used for transportation of water, including material, shape, capacity and number.
(i)
Previous use of containers.
(j)
Method and frequency of cleaning and disinfecting containers.
(k)
Names and addresses of any firms or entities receiving transported water, location of points of discharge and volume discharged at each location.
Sec. 27-5. - Application Process.
Every application for a permit shall be processed as follows: The Health Officer shall:
(a)
For each water source, determine:
(1)
whether the supplier of the source has a permit issued pursuant to sections 4010 et seq. of the California Health and Safety Code, or whether the source meets all standards for potable water established in sections 7010 through 7025 of title 17, California Administrative Code, and
(2)
whether it is a non-agricultural water source.
(b)
for each container used to transport water, determine:
(1)
whether its previous use has been limited to the transportation of water or food substances, and
(2)
whether it is of such a construction and finish as to allow sanitization prior to use. Containers made from steel, stainless steel and fiberglass fulfill this requirement. Containers constructed from other materials may be approved upon proof satisfactory to the Health Officer that no bacteriological or chemical contamination exists.
Sec. 27-6. - Conditions on permit.
The Health Officer may condition any permit which he issues. Conditions may include requirements for sanitizing containers, regular bacteriological and chemical testing in accordance with sections 7010-7025 of title 17 of the California Administrative Code, record keeping, and requirements for labeling containers.
Every permit issued under this article shall automatically become null and void on December 31st of the year of issuance.
If the Health Officer determines that a permittee is violating any condition of his permit or any provision of this article, he may revoke the permit after giving the permittee an opportunity for a hearing. The Health Officer shall serve notice on the permittee of his intention to revoke the permit. The notice shall state that the permittee has ten (10) days within which to request a hearing or his permit will be revoked. The Health Officer must hold a hearing within ten (10) days of a request.
If the Health Officer determines that water supplied or transported pursuant to this article is polluted or contaminated in a manner that is imminently hazardous to public health, he may immediately revoke the permit for such water supply or transportation facility. Within forty-eight (48) hours of revocation, he shall serve written notice of his action on the permittee. The permittee may appeal the decision of the Health Officer by filing a written notice with the Health Officer within ten (10) days of such revocation. The Health Officer shall hold a hearing within ten (10) days of receipt of the notice of appeal.
Service shall be accomplished by depositing in the United States mall a registered or certified letter addressed to the permittee at the business address shown on his application.
A reasonable fee as set by resolution of the Board of Supervisors shall be charged to defray the costs to the county in the administration of this article.
(Ord. No. 2159 § 7.)
The Health Officer, during reasonable hours, for the purpose of enforcing or administering this ordinance, shall have the authority to enter any building or premises associated with a water supply, transportation or storage facility regulated pursuant to this article.
Sec. 27-11. - Conflicting Provisions.
This article shall prevail over any inconsistent action in the Sonoma County Code.
Sec. 27-12. - Construction and validity.
If any provision of this article shall be rendered void or unconstitutional by judicial or other determinations, all other sections of this article which are not expressly held to be void or unconstitutional shall continue in full force and effect.
Sec. 27-13. - Violations and penalties.
(a)
Any person violating any provisions of this article is guilty of a misdemeanor. Every day during any portion of which a violation occurs is a separate offense.
(b)
Any person violating section 27-2 shall be guilty of maintaining a public nuisance and it shall be the duty of the district attorney of the county to bring an action to abate such public nuisance.
(Ord. No. 2077 § 1.)