This chapter shall be known and cited as "Regulation of Aircraft
Fueling Operations at McClellan Airport."
(SCC 1293 § 1, 2005)
This County leases and maintains a general aviation airport
on a portion of the former McClellan Air Force Base in the County
of Sacramento, currently known as McClellan Park.
In order to promote usage of the Airport, and to protect the
public health, safety and welfare, it is necessary to regulate aircraft
fueling operations at the Airport and the surrounding property.
It is the policy of the County that the cost of operating, maintaining
and developing the airport shall be paid solely from airport revenues,
without the use of ad valorem taxes or other County general fund revenues
or pledges, so as not to place any burden on taxpayers or residents
of the County. In furtherance of this policy, and in accordance with
the authority conferred upon the County by the laws of the State of
California, it is appropriate that permit application fees, permit
fees and fuel flowage fees be established and periodically adjusted,
in order to provide revenues for the operation, maintenance and development
of the airport and as a reasonable means of securing compensation
for the privilege of conducting aircraft fueling operations by general
aviation fixed-base operators, aircraft owners or operators, or other
users of said airport.
The permit application fees, permit fees and fuel flowage fees
shall be exclusively utilized by the County for payment of the cost
of operations, maintenance and development of the airport.
(SCC 1293 § 1, 2005)
means the transport and delivery of aviation fuel to any
and all aircraft on the airport or in the fueling area, including
any activity that directly or indirectly relates to the transport
and delivery of aviation fuel to any and all aircraft on the airport
or in the fueling area. The categories of aircraft fueling are: (1)
commercial fueling operations; and (2) self-fueling operations.
means a permit issued by the Director and required in order
to conduct a category of aircraft fueling operations as defined above.
means that portion of the former McClellan Air Force Base
in the County of Sacramento operated and maintained by the County
as a general aviation airport, currently known as McClellan Airport.
means any fuel intended for use in an aircraft including,
but not limited to, aviation gasoline, jet fuel and motor vehicle
grade fuels.
means the sale or delivery of aviation fuel on the airport
or in the fueling area by any person to aircraft owned or operated
by others.
means that permit required in order to conduct commercial
fueling operations on the airport or in the fueling area. Such permits
shall be issued solely on a non-exclusive basis and the County shall
have authority to issue any quantity of such permits as it deems to
be in the best interest of the County.
means the Assistant to the County Executive for the Department
of Economic Development and Intergovernmental Affairs for Sacramento
County, or his or her designee.
means the fee per gallon of aircraft fuel purchased, sold
or delivered on the airport or in the fueling area and paid to the
County by all holders of all aircraft fueling permits.
means any portion of the former McClellan Air Force Base
upon which aircraft utilizing the Airport are fueled or can be fueled.
means the same as the term aircraft fueling permit.
means the non-refundable fee paid by the applicant for any aircraft fueling permit at the time that the applicant submits the application prescribed in Section 11.42.050 of this chapter.
means the fee paid to the County by all holders of all aircraft
fueling permits for the privilege of holding any valid, unexpired
and unrevoked aircraft fueling permit.
means the holder of any aircraft fueling permit.
shall mean a sole proprietorship, partnership, corporation,
unincorporated association, cooperative, joint venture or any other
individual or entity carrying on an enterprise for which an aircraft
fueling permit must first be procured and shall include any officer,
employee, agent or other representative by or through whom the enterprise
is operated or conducted. "Person" shall include a public agency and
any officer, employee or agent thereof while acting in the capacity
of such public agency when that public agency is the holder of any
aircraft fueling permit. "Person" shall also include any operator
involved in the fueling of an aircraft.
means the fueling of an aircraft on the airport or in the
fueling area by a person who owns or operates such aircraft, by means
of the person's own vehicles, personnel and fuel storage tanks. Self-fueling
operations specifically excludes the fueling of any aircraft on the
airport or in the fueling area which is not owned or operated by the
self-fueling permit permittee.
means that permit required in order to conduct self-fueling
operations on the airport or in the fueling area. The County shall
have authority to issue any quantity of such permits as it deems to
be in the best interest of the County.
(SCC 1293 § 1, 2005)
Except as otherwise provided, the Director is charged with the
responsibility for administering the provisions of this chapter and
shall be authorized from time to time to promulgate and enforce such
rules or regulations consistent with the purposes, intent and expressed
terms of this chapter as he or she deems necessary to implement such
purposes, intent and expressed terms.
Such rules and regulations may include, but are not limited
to, the following:
A.
Minimum
operating standards and fueling standards for the conduct of commercial
fueling operations on the airport or in the fueling area; minimum
operating standards and fueling standards for the conduct of self-fueling
operations on the airport or in the fueling area;
B.
Regulations
regarding the mechanical condition of vehicles used in aircraft fueling
operations on the airport or in the fueling area;
C.
Regulations
regarding the training of personnel engaged in aircraft fueling operations
on the airport or in the fueling area;
D.
Regulations
regarding the design, installation, maintenance and operation of tanks
and associated facilities used for the storage of aviation fuel by
all permittees wherever situated; and
E.
All
of the regulations necessary and appropriate to ensure that aircraft
fueling operations are conducted in a manner that ensures the health,
safety and welfare of the users of the airport and the fueling area
and of the general public.
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No rules and regulations promulgated by the Director, or amendments
thereof, shall be enforced or become effective until 30 calendar days
following the date on which the proposed rules or regulations are
filed with the Clerk of the Board of Supervisors.
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(SCC 1293 § 1, 2005)
The application for an aircraft fueling permit shall be on such
form and shall include such information as is prescribed and required
by the Director. The Director shall not consider the application for
any permit by any person unless the applicant has paid the permit
application fee.
(SCC 1293 § 1, 2005)
The term of the permit shall be one month and shall be automatically
renewable month-to-month in perpetuity unless terminated by either
the permittee or the County for its convenience or suspended or revoked
by the County for cause.
(SCC 1293 § 1, 2005)
No aircraft fueling permit shall be transferable or assignable
from one person to another. Each such permit shall terminate and be
deemed to have no further force or effect upon a change of control
from one person to another of the ownership of the business, function
or operation of the person to whom the permit has been issued.
(SCC 1293 § 1, 2005)
All applicants for permits and all permittees shall pay fees,
as may be established by resolution of the Board of Supervisors, as
such resolution may be amended from time to time. Such fees may include,
but are not limited to, permit application fees, permit fees and fuel
flowage fees as follows:
A.
All
applicants for all aircraft fueling permits shall pay a permit application
fee to the County in the amount set by the Board of Supervisors. Such
fee shall be paid at the time that the application for the permit
is tendered to the Director and shall be non-refundable to the applicant
regardless of whether the Director issues or declines to issue the
Permit for which application was made.
B.
All
permittees shall pay a monthly permit fee to the County as set by
the Board of Supervisors. Such fees shall be paid to the County as
prescribed in the permit issued to the permittee.
C.
Commercial
fueling permittees shall pay a fee to the County per gallon of fuel
sold or delivered in the form of a fuel flowage fee in the amount
set by the Board of Supervisors. Such fees shall be added to the price
of the fuel sold or delivered to the customer, itemized separately
on the fuel invoice provided to the customer, collected from the fuel
customer at the time of the fuel sale or delivery and paid to the
County as prescribed in the Commercial fueling permit issued to the
permittee.
D.
Self-fueling
permittees shall pay a fee to the County per gallon of fuel purchased
or received in the form of a fuel flowage fee in the amount set by
the Board of Supervisors. Such fees shall be paid to the County as
prescribed in the self-fueling permit issued to the permittee.
E.
All
commercial fueling and self-fueling permittees shall prepare and provide
to the County annually a report in writing which reconciles fee assessments
and collections with fuel purchases or receipts, evaporative and spillage
fuel losses, and sales and deliveries. This report shall be certified,
under penalty of perjury, to be true and correct by: (1) the general
partner, if a partnership; (2) an officer, if a corporation; or (3)
the managing member, if a limited liability company.
In addition to the required annual certified report, the County
may also audit, without limitation as to quantity or frequency, at
its expense, using its own staff or an outside auditor, the fueling
records of the permittee at any time up to a period of two years following
termination, revocation or suspension of the permit upon delivery
of 30 days written notice to the permittee. If, as a result of such
audit, it is determined that additional fuel flowage fees are due
the County, permittee shall pay such additional fuel flowage fees
to the County within 30 days following receipt of written notice to
do so. If, as a result of such audit, the underpayment of fuel flowage
fees by the permittee is determined to be more than two percent, the
permittee shall reimburse the County for the cost of the audit within
30 days following receipt of written notice to do so. If, as a result
of such audit, it is determined that permittee has overpaid fuel flowage
fees to the County, the County will refund the amount of overpayment
within 30 days of receipt and acceptance of the audit report by the
County.
The permittee shall retain for the period starting on the date
of issuance of the permit and ending two years after the date of termination,
suspension or revocation of the permit, in a readily accessible manner
and location within the County, all books and records of account of
the permittee related to all business conducted and fuel flowage fees
paid to the County in connection with the permit. Such books and records
shall be made available to the County or its duly authorized agents
or auditors for the purpose of verifying the information contained
in any annual report, for audit or for verifying permittee's compliance
with the terms of the permit.
(SCC 1293 § 1, 2005)
The Director is authorized on behalf and in the name of the
County of Sacramento to issue, reissue, suspend, revoke or terminate
permits for aircraft fueling operations on the airport and in the
fueling area subject to the following limitations:
A.
The
permittee shall pay the rates and charges established by the Board
of Supervisors for such aircraft fueling privileges;
B.
The
permit shall be subject to:
1.
Immediate
suspension and/or revocation where the permittee is in violation of
the terms and conditions of the permit and poses an immediate threat
to the public health, safety and welfare in the conduct of aircraft
fueling operations.
2.
Suspension
and/or revocation upon 10 calendar days' prior written notice for
a violation of any of the terms and conditions of the permit.
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The Director shall, in writing, state the reasons for any denial, suspension or revocation of a permit. Written notice of the denial, suspension or revocation, together with a copy of the provisions of this chapter, shall be served upon the applicant, or permittee, pursuant to the provisions of Section 11.42.210.
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The form of all permits issued by the Director shall have been
approved by the County Counsel.
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(SCC 1293 § 1, 2005)
It shall be unlawful for any person who is not the holder of
a valid, unexpired and unrevoked commercial fueling permit, issued
pursuant to this chapter, to engage in commercial fueling operations
on the airport or in the fueling area.
(SCC 1293 § 1, 2005)
It shall be unlawful for any person who is not the holder of
a valid, unexpired and unrevoked self-fueling permit, issued pursuant
to this chapter, to engage in self-fueling operations on the airport
or in the fueling area.
(SCC 1293 § 1, 2005)
It shall be unlawful for any person owning or operating an aircraft
to obtain or assist in obtaining fuel from an unpermitted fueling
source.
Any person found in violation of this section may be prohibited
from using the airport for any purpose.
(SCC 1293 § 1, 2005)
Fueling permits shall limit the aircraft fueling operations authorized by such permits to the activities specified for a particular category of fueling activity as such category is defined in Section 11.42.030.
It shall be unlawful for any person to conduct aircraft fueling
operations on the airport or in the fueling area that are not authorized
under the permit issued to that person.
(SCC 1293 § 1, 2005)
In addition to any other penalties, fees or other criminal charges assessed against a person in violation of any of the provisions of this chapter, such violation shall, pursuant to the provisions of Section 1.01.190 contained in Title 1 of this Code, constitute a misdemeanor.
(SCC 1293 § 1, 2005)
Every person violating the provisions of this chapter, or any
regulations adopted by the Director pursuant to this chapter, is guilty
of a separate and further violation for each day, or any portion thereof,
that a violation continues.
(SCC 1293 § 1, 2005)
Any action or proceeding commenced or continued by the Director
against a person for violations of this chapter, or any regulations
or rules adopted by the Director pursuant to this chapter, shall be
deemed actions or proceedings to enforce the police or regulatory
power of the County.
(SCC 1293 § 1, 2005)
In addition to all other penalties and other County recourse
as described in this chapter, the County may assess penalties of no
less than $500 per calendar day and no more than $10,000 per calendar
day against any person found in violation of this chapter.
(SCC 1293 § 1, 2005)
In addition to the penalties set forth in Sections 11.42.120, 11.42.140, 11.42.150 and 11.42.170, any violation of the provisions of this chapter, or any violation of the regulations adopted by the Director pursuant to this chapter, may be remedied by injunction or other civil proceedings commenced in the name of the County by the County Counsel pursuant to the direction of the Director.
(SCC 1293 § 1, 2005)
Any person may appeal the denial, suspension or revocation of any aircraft fueling permit to the Board of Supervisors. Any such appeal shall be in writing and shall be filed with the Clerk of the Board not later than 15 calendar days after the date of service by the Director of the notice prescribed in Section 11.42.090. If the appeal is not filed within such time or manner, the right to a review of the action against which complaint is made shall be deemed to have been waived.
The appellant must file with that appeal a written answer under
oath or affirmation which admits or denies specifically each allegation
and each supporting fact contained in the Director's letter notifying
appellant of the reasons for the denial, suspension or revocation.
A general denial is not sufficient to controvert a specific allegation.
If the appellant is without knowledge, he or she shall so state and
that statement shall operate as a denial. The answer shall also state
any additional facts and information that the appellant desires to
have considered in explanation or mitigation of allegations in the
Director's notification letter. The failure to specifically deny or
explain or deny knowledge of any allegation or supporting fact shall
be deemed an admission that the allegation or fact is true.
(SCC 1293 § 1, 2005)
Whenever reference in this chapter is made to the Board of Supervisors
or any department, office, division, officer or official, the reference
shall be deemed to be, respectively, the Board of Supervisors or a
department, office, division, officer or official of the County.
Whenever in this chapter an authority or power is vested in,
or a duty is imposed upon, an officer or official, the County employees
subordinate to the officer or official to whom an appropriate delegation
has been made shall be entitled to exercise the power or authority
and perform the duty of the officer or official.
(SCC 1293 § 1, 2005)
Any notice or other writing authorized or required by this chapter
shall be deemed served and effective for all purposes on the date
when it is reduced to writing and is either personally delivered to
the party to whom it is directed or is deposited in the United States
mail, postage prepaid, and addressed to the party to whom it is directed
or, if in regard to an issued permit, to the person and at the address
prescribed in the permit. When under the provisions of this chapter
any notice or other writing is authorized or required to be filed,
it shall not be deemed to have been filed until it is received in
the office of the official with whom filing is required.
(SCC 1293 § 1, 2005)
The permittee shall, as a condition thereof, protect, defend
and hold the County and its elected representatives, officers, agents
and employees completely harmless from and against any and all liabilities,
losses, suits, claims, judgments, fines or demands arising by reason
of injury or death of any person or damage to any property, including
all reasonable costs for investigation and defense thereof (including,
but not limited to, attorneys fees, court costs and expert witness
fees), of any nature whatsoever arising out of or incident to the
permittee's operations or exercise of any rights pursuant to the permit
or the acts or omissions of the permittee's officers, agents, employees,
contractors, subcontractors, licensees or invitees, regardless of
where the injury, death or damage may occur.
(SCC 1293 § 1, 2005)
The permittee shall at all times during the term of the permit
maintain in full force and effect, at no cost to the County, the following:
A.
Commercial
general liability insurance in the minimum amount of $5,000,000 per
occurrence and aggregate for bodily injury, personal injury and property
damage, products and completed operations and contractual liability.
B.
Fire
damage liability in the minimum amount of $100,000, or in an amount
sufficient to cover the replacement cost of real property in the care,
custody and control of the permittee, whichever is higher.
C.
Automobile
liability insurance in the minimum amount of $5,000,000 per accident
for bodily injury and property damage on all vehicles used by the
permittee at the airport or in the fueling area for the delivery of
aviation fuel to aircraft.
D.
Automobile
liability insurance in the minimum amount of $1,000,000 per accident
for bodily injury and property damage on all vehicles used by the
permittee at the airport or in the fueling area in conjunction with
the permittee's operations, other than for the delivery of aviation
fuel to aircraft.
E.
Hangarkeeper's
liability insurance in the minimum amount of $1,000,000, or in an
amount adequate to cover the replacement cost of any non-owned aircraft
in the care, custody and control of the permittee, whichever is higher.
F.
Workers'
compensation insurance at statutory requirements of the State of California.
The policy shall be endorsed to state that the workers' compensation
carrier waives its right of subrogation against the County.
G.
Employer's
liability insurance in the minimum amount of $1,000,000 per accident
for bodily injury or disease.
H.
Pollution
legal liability, including storage tank pollution liability (both
above ground and underground storage tanks) insurance in the minimum
amount of $1,000,000.
I.
For
self-fueling permittees only, aircraft liability insurance, including
coverage for non-owned aircraft, in the minimum amount of $5,000,000,
or in the amount specified by a designated commercial aircraft operating
permit, whichever is higher.
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Each such policy of insurance shall be issued by an admitted
insurer or a California Department of Insurance-approved surplus lines
non-admitted insurer as defined by the California Insurance Code.
Insurance carriers shall have a current A. M. Best rating of not less
than A-, VII. Each commercial general liability and automobile liability
policy shall be endorsed to expressly name the County, and in their
capacities as such, its officers, elected representatives, employees
and agents as additional insureds thereunder, covering all losses
and damages specified in this section. Each such endorsement shall
expressly stipulate that such policies shall operate as primary insurance
and that no other insurance and/or self-insurance maintained by the
County, or any of its officers, elected representatives, employees
or agents, will be called on to contribute to a loss covered thereunder.
The permittee shall maintain all insurance coverages in place at all
times and shall provide the County with evidence of each policy's
renewal not less than 10 days in advance of its anniversary date.
Coverage for each insurance policy shall not be canceled or not renewed
by either party except after not less than 30 days written notice
for cancellation or non-renewal has been received by the Director.
For non-payment of premium, coverage for each insurance policy shall
not be cancelled except after not less than 10 days' written notice
for cancellation has been received by the Director.
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The Director may, upon 30 days' prior written notice, require additional insurance and/or higher limits than that described in subsection A of this section.
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(SCC 1293 § 1, 2005)
The adoption of the provisions of this chapter and the adoption
of rules and regulations by the Director are not intended, and shall
not be construed, to grant any property right or expectation to any
person whomsoever.
Pursuant to its reservation of plenary authority to regulate the use of the airport and the fueling area, the Board of Supervisors of the County reserves the right to modify any requirements for aircraft fueling operations on the airport or in the fueling area and to terminate any aircraft fueling permits upon the issuance of 30 calendar days prior notice. Such termination shall not be subject to appeal pursuant to Section 11.42.190.
(SCC 1293 § 1, 2005)
