2009 California Health and Safety Code - Section 117400-117450 :: Article 1. Septic Tanks

HEALTH AND SAFETY CODE
SECTION 117400-117450

117400.  This article shall not apply to any city, town, county,
sanitary district, sanitation district, sewer maintenance district or
to any agency or institution of the state or the federal government
by reason of the cleaning of septic tanks, chemical toilets,
cesspools, sewage seepage pits or sewage works that are owned and
operated by any of these governmental agencies or institutions.

117405.  It is unlawful for any person or firm to carry on or engage
in the business of the cleaning of septic tanks, chemical toilets,
cesspools or sewage seepage pits or to dispose of the cleanings
therefrom in any city, town, county, or city and county unless he or
she or it shall hold an unrevoked registration issued by the local
health officer or his or her duly authorized representative of the
city, town, county, or city and county for the carrying on of the
business.

117410.  Except as provided in Section 25163, it is unlawful for any
person to clean septic tanks, chemical toilets, cesspools or sewage
seepage pits or to dispose or aid in the disposal of the cleanings
thereof, for any person or firm engaged in the business of cleaning
out septic tanks, chemical toilets, cesspools or sewage seepage pits
or disposing of the cleanings thereof who does not hold an unrevoked
registration as provided in this article.

117415.  All applications for registration under this article shall
be filed with the local health officer in the city, town, county, or
city and county in which it is desired to carry on the business. The
application shall state the name in full, if a partnership then names
of each of the partners, the relation of the applicant to the firm
or partnership, the place of business and place of residence of the
applicant for registration and of each of the partners in the
business, if a partnership, and shall state the exact location of the
place at which it is proposed to dispose of cleanings. The
application shall be signed by the authorized officer of a
corporation, if a corporation; or by the managing partner, if a
partnership.

117420.  Registration shall be issued only after a satisfactory
examination by the health officer or his or her duly authorized
representative covering the equipment to be used, the applicant's
knowledge of sanitary principles and of the laws and ordinances
affecting human health or nuisances, and the reliability of the
applicant in observing sanitary laws, ordinances and directions, and
in selecting laborers and employees who may clean out septic tanks,
chemical toilets, cesspools and sewage seepage pits without
endangering human health or comfort; and only after examination of
the place or places and manner of disposal of the cleanings proposed
by the applicant.

117425.  The health officer is required to act upon each application
within thirty (30) days of the date of filing same.

117430.  Registration shall be only for the unexpired portion of the
calendar year in which application is made, and at the end of the
calendar year all registrations shall become void and of no effect.

117435.  (a) Applicants may be registered under any terms,
conditions, orders, and directions as the health officer or his or
her duly authorized representative may deem necessary for the
protection of human health and comfort. Each health officer and his
or her duly authorized representative may require any and all persons
who are registered with the health officer to clean septic tanks,
cesspools, or sewage seepage pits or to dispose of the cleanings
therefrom, to file with the health officer at any time and at any
frequency or intervals as the health officer or duly authorized
representative may desire, a statement specifying all of the
following:
   (1) The name and address of the owner or tenant of each and every
one of the premises where a septic tank, cesspool, or sewage seepage
pit has been cleaned out by the registrant or his or her employees or
by others on his or her behalf and the date of each cleaning.
   (2) The location where the cleanings are disposed of and by whom.
   (3) Discharges of waste that may result in violation of laws or
ordinances required to be known by the registrant pursuant to Section
117420.
   (b) The health officer may require the statement to be sworn to
before a notary.
   (c) Any and all persons registered with the health officer to
clean septic tanks, cesspools, or sewage seepage pits, or to dispose
of the cleanings therefrom, shall also provide a statement as
required pursuant to paragraph (3) of subdivision (a) to a regional
board as defined pursuant to Section 13050 of the Water Code.

117440.  A change of address of any registrant including a member of
a partnership that is registered and of the place of business
thereof shall be reported in writing by registered mail by the
registrant within two days after the change of address.

117445.  Any registration issued under this article may be revoked
by the issuing health officer for cause on 10 days' notice to the
applicant. The notice shall be served by registered mail or in person
at the latest place of residence or of business reported by the
applicant.

117450.  Violation of any of the provisions of this article or of
any order or orders of a health officer made pursuant to this article
for the protection of human health and comfort shall constitute a
misdemeanor and shall be punishable by a fine of not less than two
hundred dollars ($200) for each offense or by imprisonment for not
less than thirty (30) days or by both the fine and imprisonment.


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