Chapter 16.24
TRANSPORTATION OF TREATED WASTEWATER EFFLUENT
Sections:
16.24.030 Treated wastewater effluent transportation permit—Other terms and conditions.
16.24.050 Permits—Duration, reissuance and assignment.
16.24.070 Violations—Remedies.
16.24.080 Violations—Injunctive relief and civil penalties.
16.24.090 Violations—Criminal penalties.
16.24.010 Definitions.
The following terms are defined for the purpose of this chapter:
A. “Boundaries” means the land area that makes up the county limits of Alpine County.
B. “Conveyance system” means any export pipeline, pumping station, infrastructure, or vehicle used for the movement of treated wastewater effluent into or within Alpine County.
C. “Department” means the Alpine County community development department.
D. “Director” means the Alpine County community development director or designee.
E. “Nuisance” means the transport of treated wastewater effluent into the county for purposes of disposal in violation of county ordinance, or which is or could be harmful to or unreasonably affect the county and which violates applicable quantity, quality, or flow standards as otherwise allowed by law.
F. “Permit” means a written authorization to transport treated wastewater effluent into county boundaries for the purposes of disposal.
G. “Transport” or “transportation” means to use any conveyance system for the movement of treated wastewater effluent into or within the county boundaries, or to use a vehicle to bring treated wastewater effluent into the county boundaries for disposal.
H. “Treated wastewater effluent” means the wastewater associated with human habitation, domestic, manufacturing, processing, business operation, or part of an industrial process, which has been processed through a state and/or federally regulated treatment facility.
I. “Vehicle” means any transportation by automobile or truck by which treated wastewater effluent, including sludge and septic waste, is transported into or within the county boundaries for purposes of disposal. (Ord. 744, 2021)
16.24.020 Provisions.
A. Treated Wastewater Effluent Transportation Permit—Scope and Purpose. This section provides rules governing the transportation and disposal of treated wastewater effluent for all purposes, and is promulgated to protect the county’s interests, to protect human health, and to provide a method of controlling the transport, discharge, use and/or disposal of treated wastewater effluent. Treated wastewater effluent may be discharged into appropriate facilities; provided, that such treated wastewater effluent does not contain prohibited substances or exceed limitations of wastewater quality standards as may be prescribed by federal and/or state law; and provided further, that the person transporting it pays any and all county treated wastewater effluent disposal fees pursuant to Section 16.24.040 and is in compliance with all terms of this chapter, including any applicable permit provisions. All discharges of treated wastewater effluent within the county must be done in accordance with all applicable laws, and only then after obtaining a transportation permit.
B. Treated Wastewater Effluent Transportation Permit—Application. It is unlawful for any person to transport treated wastewater effluent into or through the county without a permit issued by the department, regardless of where within those boundaries such disposal occurs, pursuant to the provisions of this chapter.
C. Treated Wastewater Effluent Transportation Permit—Requirements.
1. The following requirements apply to the transportation of treated wastewater effluent within Alpine County:
2. Each permitted vehicle transporting treated wastewater effluent must have the following information printed on both sides of the tank or vehicle in letters at least four inches high with strokes one-half inch wide stating:
a. Name and address of the company.
b. Capacity of the tank in gallons.
c. Treated wastewater effluent.
3. The vehicle transporting treated wastewater effluent shall be watertight and constructed so there is no leakage, spillage or splashing onto the roadway or the outer surfaces of the tank or equipment during transportation.
4. After the effective date of the ordinance codified in this chapter, any transportation of treated wastewater effluent using a conveyance system shall require a permit. The department shall review each permit application to determine that the requested treated wastewater effluent can be transported safely within the county and in accordance with this chapter.
5. Treated wastewater effluent shall not be discharged or disposed of except as permitted by applicable federal, state and/or local law.
6. Treated wastewater effluent shall not be discharged into any county storm drain system under any circumstances.
7. To prevent treated wastewater effluent from entering the county’s storm drain system during street washdowns, potable water shall be used such that it does not allow treated wastewater effluent to enter the county’s storm drain system.
8. Persons at a project site where treated wastewater effluent is being used must be informed and project sites must include postings/signage clearly indicating that treated wastewater effluent is being used and that all persons shall avoid contact with said treated wastewater effluent.
9. No direct connections are allowed between any portion of the conveyance system and any part of a domestic (potable) water system.
10. Any spills of treated wastewater effluent require oral notification of the spill to the department within twenty-four hours. A written report, detailing the circumstances and probable cause of the spill, shall be submitted to the department within five days of the spill. (Ord. 744, 2021)
16.24.030 Treated wastewater effluent transportation permit—Other terms and conditions.
A. A permit issued by the department may be modified, suspended or revoked in whole or in part for the following:
1. Violation of any term or condition of the permit or this chapter;
2. Obtaining a permit by misrepresentation or failure to fully disclose all relevant information regarding the transportation of treated wastewater effluent.
B. Each person obtaining a permit under this section must transport treated wastewater effluent which complies with federal, state, and/or local law. (Ord. 744, 2021)
16.24.040 Permits—Fees.
A. Any person requesting a treated wastewater effluent transportation permit shall complete and submit an application on a form provided by the department with the following information:
1. Name, address, mailing address.
2. Estimated treated wastewater effluent strength, including a complete description of treated wastewater effluent concentrations and all components that are required to be reported to the applicable regional water quality control board.
3. Estimated gallons of treated wastewater effluent to be transported.
4. Any other information the director shall deem necessary to evaluate the permit application.
B. The applicant shall pay the appropriate permit fees. Reoccurring fees will be charged on an annual basis from the date of issuance.
C. Fees will be set by the Alpine County board of supervisors by resolution or ordinance.
D. The permit fee shall reflect the quantity, quality and flow of treated wastewater effluent that the person intends to transport into the county. The permit fee will also be based upon the county’s costs to intercept and dispose of treated wastewater effluent, if necessary, and any other reasonably anticipated expense or loss to the county. All persons shall also pay all other charges, fees, tolls, rentals and taxes that are established or adopted by the county in relation to the transportation of treated wastewater effluent. Flat charges, unit charges and classification charges shall be established from time to time and set forth in a schedule of rates and charges.
E. Any person whose application for a permit under this chapter has been denied may, within thirty calendar days from the date of such denial, appeal such denial to the board of supervisors by filing a written notice of appeal with the department. Such appeal shall be heard by the board within fourteen days of the filing of the notice of appeal. At the board hearing, the board may sustain or overrule the denial and may make such other orders as are necessary to protect the public health and safety. (Ord. 744, 2021)
16.24.050 Permits—Duration, reissuance, and assignment.
A. The effluent transportation permit shall expire one year from issuance. Permit will be renewed if compliant with this chapter.
B. A separate application must be filed with the department for each vehicle that transports treated wastewater effluent.
C. Permits issued under this chapter are nontransferable.
D. Once permitted, the conditions of the permit shall not be altered, changed or otherwise modified in any way without prior written approval by the department and issuance of an amended permit. (Ord. 744, 2021)
16.24.060 Emergency powers.
The director or designee may take any appropriate action against any person or persons operating a conveyance system who present an imminent and substantial endangerment to the health or welfare of persons or the environment. (Ord. 744, 2021)
16.24.070 Violations—Remedies.
A. Whenever the director finds that any person is engaged in any act or practice which violates any provision of this chapter or permit, or creates a nuisance as defined by this chapter, the director may:
1. Issue an order:
a. Stating the provisions of the ordinance, or permit or order alleged to be, or that were, violated;
b. Stating the facts which constitute a violation thereof; and
c. Stating the necessary corrective action to be taken and a correction completion date;
2. Request the county counsel to commence appropriate civil action;
3. Request the district attorney to institute by complaint, indictment or otherwise a criminal prosecution.
B. Such remedies and sanctions for the violation of this chapter, or permit or order issued hereunder, are cumulative, and the institution of any proceedings or action seeking any one of such remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of such remedies or sanctions. (Ord. 744, 2021)
16.24.080 Violations—Injunctive relief and civil penalties.
A. The director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates this chapter, including any permit or order issued hereunder.
B. Any person who violates, or aids or abets in the violation of, any provision of this chapter or any permit or order issued hereunder, shall pay a civil penalty pursuant to Chapter 1.16 of this code. (Ord. 744, 2021)
16.24.090 Violations—Criminal penalties.
Any person who intentionally or with criminal negligence violates this chapter, or permit or order issued hereunder, is guilty of a misdemeanor and shall be punished by a fine of up to ten thousand dollars for each violation or by imprisonment up to six months, or by both fine and imprisonment. The fines will increase by ten thousand dollars for each violation every thirty days. Each day shall constitute a separate violation for the purpose of this chapter. The fines shall be reviewed by the board after a year. (Ord. 744, 2021)
16.24.100 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The board declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of subdivisions, paragraphs, sentences, clauses, or phrases being declared invalid. (Ord. 744, 2021)