These regulations shall be known as the "Protection of Drinking
Water—Backflow Prevention."
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
This chapter is enacted pursuant to California Health and Safety
Code (CHSC) Section 116805, and the California State Water Resources
Board
Cross-Connection Control Policy Handbook (C
CCPH),
which authorizes the implementation of a cross-connection control
program to protect against backflow through service connections into
the public water supply. In Sacramento County, the Sacramento County
Environmental Management Department (EMD) is designated to carry out
this program.
EMD shall implement the provisions of this chapter for a public
water supplier whose program participation is determined by means
of a contract pursuant to CHSC 116805 and the C
CCPH, or where EMD
has local primacy agency (LPA) delegation for the administration and
enforcement for the small water systems as provided for in the LPA
delegation.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
The purpose of this chapter is:
A. To protect public water systems and small water systems against backflow
by isolating within premises, contamination or pollution that may
occur because of undiscovered, unauthorized, and/or unprotected cross-connections
on premises;
B. To eliminate or implement backflow prevention for existing unprotected
connections between public water systems and other sources of water
that are not approved as safe and potable for human consumption;
C. To prevent the creation of unprotected cross-connections in the future;
D. To provide a means to assure compliance with a comprehensive cross-connection
control program;
E. To ensure compliance with standards, laws, and guidelines adopted,
and/or modified by the County of Sacramento, the State of California,
and applicable regulatory agencies.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
The provisions of this chapter shall apply to those premises,
where the public water supplier which has jurisdiction has contracted
with EMD for administration of the cross-connection control program,
or where EMD has local primacy agency (LPA) delegation for the administration
and enforcement for the small water systems as provided for in the
LPA delegation.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
Except as otherwise provided, EMD is charged with the responsibility
of administering this chapter and shall be authorized from time to
time to promulgate and enforce such rules or regulations consistent
with the purposes, intent, and express terms of this chapter as necessary
to implement such purpose, intent, and express terms.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
The meanings of terms used in this chapter are as follows:
1. "Air-gap separation" shall mean a vertical physical separation between
the free flowing discharge end of a potable water supply pipeline
and an open or non-pressure receiving vessel. An "approved air-gap
separation" shall be at least double the diameter of the supply pipe
measured vertically above the flood-level rim of the receiving vessel
and in no case shall be less than one inch.
2. "Approved water supply" shall mean a water supply that has been approved
by the agency having jurisdiction.
3. "Atmospheric vacuum breaker (nonpressure)" shall mean a backflow
prevention device containing a shut-off valve followed by a valve
body containing a float-check, a check seat, and an air inlet port.
4. "Auxiliary water system" shall mean any water supply on or available
to an owner and/or operator's premises other than an approved
public water system.
5. "Backflow" means an undesired or unintended reversal of flow of water
and/or other liquid, gas, or other substance into the public water
system's distribution system or approved water supply. Backflow
is caused by backpressure or backsiphonage.
6. "Backflow prevention assembly" means an approved mechanical assembly,
designed and constructed to prevent backflow, such that while in-line
it can be maintained and its ability to prevent backflow, as designed,
can be field tested, inspected, and evaluated. Such assemblies must
be approved by a testing agency acceptable to EMD and installed in
accordance with the C
CCPH, California Plumbing Code, and public water
supplier requirements, as applicable.
7. "Backpressure" means backflow due to an increased pressure above
the supply pressure, which may be due to pumps, boilers, gravity,
or other sources of pressure.
8. "Backsiphonage" means the flowing back of used, contaminated, or
polluted water from a plumbing fixture or vessel into a water supply
pipe due to a pressure less than atmospheric in such pipe.
9. "Certified backflow prevention assembly tester" shall mean a person
with valid Backflow Prevention Assembly Tester Certification from
a certifying organization recognized by the California State Water
Resources Control Board pursuant to the C
CCPH, who has the necessary
training and competence to test backflow prevention assemblies and
is registered by EMD.
10.
"Cross-connection" shall mean any actual or potential connection
or structural arrangement between any part of a public water system
used or intended to supply water for human consumption, including
a piping system connected to the public water system and located on
the premises of a water user or available to the water user, and any
source or distribution system containing liquid, gas, or other substance
that is not or cannot be approved as safe, wholesome, and potable
for human consumption, or is not from an approved water supply.
11.
"Director" means the Director of the Sacramento County Environmental
Management Department, or designee.
12.
"Double check detector backflow prevention assembly" or "DCDA"
means a double check valve backflow prevention assembly that includes
a bypass with a water meter and double check backflow prevention assembly,
with the bypass's water meter accurately registering flow rates
up to two gallons per minute and visually showing a registration for
all rates of flow. This type of assembly may only be used to isolate
low hazard cross-connections.
13.
"Double check detector backflow prevention assembly-type II"
or "DCDA-II" means a double check valve backflow prevention assembly
that includes a bypass around the second check, with the bypass having
a single check valve and a water meter accurately registering flow
rates up to two gallons per minute and visually showing a registration
for all rates of flow. This type of assembly may only be used to isolate
low hazard cross-connections.
14.
"Double check valve backflow prevention assembly" or "DC" means
an assembly consisting of two independently-acting internally-loaded
check valves, with tightly closing shut-off valves located at each
end of the assembly (upstream and downstream of the two check valves)
and fitted with test cocks that enable accurate field testing of the
assembly. This type of assembly may only be used to isolate low hazard
cross-connections. When a DC is required or referenced in this chapter,
a double check detector assembly (DCDA) or double check detector assembly-type
II (DCDA-II) type of assembly may be substituted if appropriate.
15.
"EMD" means the Sacramento County Environmental Management Department.
16.
"Health Officer" means the Health Officer for Sacramento County,
or authorized representative.
17.
"Owner and/or operator" shall mean any person who is in control
of or is responsible for the premises receiving water from an approved
public water system. For the purposes of this chapter, the term "person"
means an individual, partnership, corporation, limited liability company,
association, trust, or any other legal entity.
18.
"Premises" means the property under the ownership or control
of the owner and/or operator and served, or capable of being served,
with water via a service connection with the public water system.
19.
"Pressure vacuum breaker backsiphonage prevention assembly"
or "PVB" means a backflow prevention assembly with an independently-acting
internally-loaded check valve and an independently-acting loaded air
inlet valve located on the discharge side of the check valve; with
test cocks and tightly closing shutoff valves located at each end
of the assembly that enable accurate field testing of the assembly.
This type of assembly may only be used for protection from backsiphonage
and is not to be used to protect from backpressure.
20.
"Public water supplier" means any person, corporation, public
utility, municipality, district, or other agency or institution that
owns or operates a public water system.
21.
"Public water system" means a system for the provision of water
for human consumption through pipes or other constructed conveyances
that has 15 or more service connections or regularly serves at least
25 individuals daily at least 60 days out of the year as defined in
CHSC Section 116275(h).
22.
"Reduced pressure principle backflow prevention assembly" or
"RP" means an assembly with two independently acting internally-loaded
check valves, with a hydraulically operating mechanically independent
differential-pressure relief valve located between the check valves
and below the upstream check valve. The assembly shall have shut-off
valves located upstream and downstream of the two check-valves, and
test cocks to enable accurate field testing of the assembly. When
an RP is required or referenced in this chapter, a reduced pressure
principle detector assembly (RPDA) or reduced pressure principle detector
assembly-type II (RPDA-II) type of assembly may be substituted if
appropriate.
23.
"Reduced pressure principle detector backflow prevention assembly"
or "RPDA" means a reduced pressure principle backflow prevention assembly
that includes a bypass with a water meter and reduced pressure principle
backflow prevention assembly, with the bypass's water meter accurately
registering flow rates up to two gallons per minute and visually showing
a registration for all rates of flow.
24.
"Reduced pressure principle detector backflow prevention assembly-type
II" or "RPDA-II" means a reduced pressure principle backflow prevention
assembly that includes a bypass around the second check, with the
bypass having a single check valve and a water meter accurately registering
flow rates up to two gallons per minute and visually showing a registration
for all rates of flow.
25.
"Service connection" shall mean the point at which the public
water system piping ends and the water system piping of the owner
and/or operator begins. If a meter is installed as part of the public
water system, then the term 'service connection' shall mean
the downstream end of the meter.
26.
"Small water systems" means a community water system with less
than 200 service connections and all non-community water systems as
defined in CHSC Sections 116275(i), (k), (n), and (o).
27.
"Spill-resistant pressure vacuum breaker backsiphonage prevention
assembly" or "SVB" means a backflow prevention assembly with an independently-acting
internally-loaded check valve and an independently-acting loaded air
inlet valve located on the discharge side of the check valve; with
shutoff valves at each end and a test cock and bleed/vent port, to
enable accurate field testing of the assembly. This type of assembly
may only be used for protection from backsiphonage and is not to be
used to protect from backpressure.
28.
"Unprotected cross-connection" means a cross-connection that
is not protected by a backflow prevention assembly or other means
to prevent backflow.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
It shall be the responsibility of each owner and/or operator
to provide, install, and maintain all backflow prevention assemblies
in compliance with this chapter.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. Where Protection from Backflow is Required.
1. Protection shall be required at each service connection from a public
water system that supplies water to premises having an auxiliary water
system.
2. Protection shall be required at each service connection from a public
water system that supplies water to premises on which any substance
is or may be handled in such a manner as to permit entry into a public
water system, including water originating from a public water system
which is or may be subjected to deterioration in sanitary quality.
3. Protection shall be required at each service connection to any premises
that has cross-connections unless such cross-connections are abated
to the satisfaction of EMD.
The type of protection that shall be provided to prevent backflow
into a public water system or a small water system shall be commensurate
with the degree of hazard that exists on the owner and/or operator's
premises. The types of backflow prevention mechanisms that may be
required (listed in an increasing level of protection) include double
check valve assembly (DC, DCDA, or DCDA-II), reduced pressure principle
assembly (RP, RPDA, or RPDA-II), or an air-gap separation (AG). The
owner and/or operator may choose a higher level of protection than
required by this section, if allowed by the public water supplier
having jurisdiction.
Premises or situations which are not listed in this section
shall be evaluated on a case by case basis and the appropriate type
of protection shall be determined by the public water supplier having
jurisdiction, or by EMD.
B. The minimum level of required service connection protection at specific
owner and/or operator's premises and facilities shall include
the following, unless otherwise specified by a cross-connection control
hazard assessment performed by the public water supplier having jurisdiction.
Additional types of premises with specific levels of backflow prevention
required are listed in C
CCPH Appendix D.
When a DC is required or referenced, a DCDA or DCDA-II type
of assembly may be substituted if appropriate. When an RP is required
or referenced, an RPDA or RPDA-II type of assembly may be substituted
if appropriate.
1. Aircraft and missile plants - RP;
4. Auxiliary water systems - Defined as any water supply on, or available
to, an owner and/or operator's premises other than an approved
public water system:
a.
Auxiliary water systems with no known cross-connections - P,
b.
Auxiliary water systems where cross-connections are known to
exist - RP;
5. Beverage bottling plants - RP;
7. Buildings:
a.
Hotels, apartments, houses, public and private buildings, or
other structures where sewage pumps and/or sewage ejectors have been
installed - RP,
b.
Any commercial structure in which the specific business activity
cannot be ascertained - RP,
c.
Multi-storied buildings that use booster pumps or elevated storage
tanks to distribute potable water within the premises - DC,
d.
Any building that exceeds 40 feet in height, as measured from
the service connection to the highest water outlet - DC;
8. Canneries, packing houses, and reduction plants - RP;
9. Chemical plants - Any premises, served from a public water supply,
where there is a facility requiring the use of water in the industrial
process of manufacturing, storing, compounding, or processing chemicals.
This also includes facilities where chemicals are used as additives
to the water supply or in the processing of products - RP;
10.
Chemically contaminated water systems - Any premises, served
from a public water supply, where chemicals are used as additives
to the water supply, or where the water supply is used for transmission
or distribution of chemicals, or where chemicals are used with water
in the compounding or processing of products - RP;
11.
Cold storage plants - RP;
13.
Dairy processing plants - RP;
15.
Dry cleaning facilities - RP;
17.
Film processing facilities or film manufacturing plants - RP;
18.
Fire protection systems that are supplied from a public water
system:
a.
Low-Hazard Fire Protection Systems.
i.
Fire protection system is directly supplied from a public water
system and where there is an auxiliary water supply on or to the premises
(not interconnected) - DC,
ii.
Fire protection system is supplied from a public water system
and where either elevated storage tanks or fire pumps which take suction
from private reservoirs and tanks are used - DC,
iii. Fire protection system is directly supplied from
a public water system and interconnected with another public water
service - DC;
b.
High-Hazard Fire Protection Systems.
i.
Fire protection system is directly supplied from a public water
system and interconnected with an auxiliary water supply - RP,
ii.
Fire protection system is supplied from a public water system
and contains any hazardous substance - RP;
19.
Hazardous or potentially hazardous treatment processes, handling,
and/or pumping equipment interconnected to a piping system that can
be connected to the public water system - AG;
21.
Ice manufacturing plants - RP;
22.
Irrigation Systems.
a.
Premises or locations where facilities have been installed for
pumping, injecting, or spreading fertilizers, pesticides, or other
hazardous substances - RP,
b.
Premises or locations having a separate service connection for
irrigation purposes - RP;
23.
Laboratories - Including, but not limited to, teaching institutions,
biological, and analytical facilities - RP;
24.
Laundries (commercial) - RP;
25.
Medical buildings and clinics - RP;
26.
Metal manufacturing, cleaning, processing, or fabricating plants
- RP;
29.
Multi-storied buildings (see "Buildings" above);
30.
Multiple services - Includes two or more interconnected services
provided by one or more water suppliers to a single owner and/or operator
complex - RP. Pursuant to C
CCPH Appendix D.10, all connections must
receive at least the same level of protection excluding fire protection
when connected to the public water supplier distribution system (e.g.,
if the public water supplier having jurisdiction requires one connection
to have an AG, then all connections must have AGs);
32.
Oil/gas production, storage, or transmission premises - RP;
33.
Paper and paper products manufacturing plants - RP;
34.
Plastic manufacturing, extruding, and injection molding - RP
(see "Chemical plants" above);
36.
Portable spray or cleaning equipment which can be connected
to a public water system - AG;
37.
Radioactive materials or substances - Plants or facilities that
process, handle, or store radioactive materials or substances - RP;
38.
Recycled Water Distribution Systems.
a.
Premises where the public water system is used to supplement
the recycled water system - AG,
b.
Premises where recycled water is used and there is no interconnection
with the potable water system - RP;
39.
Restricted, classified, or other closed facilities - RP;
40.
Rubber manufacturing plants - Natural or synthetic - RP;
41.
Sand and gravel plants - RP;
43.
Schools, colleges, and universities - RP;
44.
Sewage treatment processes, handling, and/or pumping equipment
interconnected to a piping system that can be connected to the public
water system - AG;
45.
Solar heating systems.
a.
Solar collector system which contains any hazardous substance
and where there is a direct makeup connection to the public water
system - RP,
b.
Service connection protection is not required for "once through"
solar heating systems including, but not limited to, domestic hot
water systems;
46.
Tank trucks - AG (see "Portable spray" and "Cleaning equipment"
above);
47.
Vehicle washing facilities - RP;
49.
Waterfront facilities and industries - Including, but not limited
to, docks, fisheries, fish hatcheries, and marinas - RP.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
The EMD list of approved backflow prevention assemblies includes
the list of approved backflow prevention assemblies as formulated
by the University of Southern California, Foundation for Cross-Connection
Control and Hydraulic Research, which is current at the time of the
assembly installation.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. Backflow prevention assemblies in service at the time of initial
adoption of this chapter, which do not comply with the provisions
of this chapter, may continue in use until the assembly is determined
to be defective.
B. Any such assembly that is determined to be defective shall be replaced
by an assembly that complies with the provisions of this chapter.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
The owner and/or operator's premises shall be available
for inspection during reasonable hours to authorized representatives
of EMD to determine if protection of the public water system is required
at the service connection(s).
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. Any owner and/or operator of a facility or premises where a service connection with a backflow prevention assembly is installed pursuant to this chapter, shall have each such assembly tested at the time of installation and annually thereafter or more often as EMD may require. All required field testing shall be performed by a person who is currently registered pursuant to Section
6.30.130 of this chapter.
B. Following completion of a backflow prevention assembly test, an EMD
backflow assembly tag shall be immediately affixed to the assembly
as follows, and the test report shall be submitted to EMD within the
following timeframes:
1. For backflow prevention assemblies that pass field testing, an approved
EMD backflow assembly tag shall be immediately affixed to the assembly,
and the test report must be submitted to EMD within 20 calendar days.
The backflow assembly tag serial number shall be included on the test
report that is submitted to EMD.
2. For backflow prevention assemblies that fail field testing, a failed
red tag issued by EMD shall be immediately affixed to the assembly,
and the test report must be submitted to EMD within 5 calendar days.
Additionally, if a backflow incident or an unprotected cross-connection
is observed at the backflow prevention assembly or prior to, or upstream,
the user premises during field testing, the tester shall notify the
public water supplier having jurisdiction as soon as possible within
24 hours.
C. The owner and/or operator of a facility or premises shall repair
or replace any defective backflow prevention assembly as specified
by the provisions of this chapter. The participating public water
supplier or EMD may require the owner and/or operator to replace any
existing assembly.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
Backflow prevention assembly installation must comply with this
chapter, the C
CCPH, and any specifications required by the public
water supplier having jurisdiction.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
In order to perform backflow prevention assembly testing services
in Sacramento County, a person must:
A. Have valid certification from a certifying organization recognized
by the State Water Resources Control Board pursuant to the C
CCPH.
B. Have the proper testing equipment that has been calibrated to the
manufacturer's specifications within the previous 12 months.
C. Be registered with EMD as a Certified Backflow Prevention Assembly
Tester.
1. A person may apply for registration with EMD by submitting an application
to EMD in a manner prescribed by EMD. The application shall include
submittal of the following:
a.
A copy of the certificate of completion from an approved backflow
prevention assembly tester's course and performance examination;
b.
A copy of the calibration report for the test gauge that will
be used in field testing procedures. The report shall demonstrate
that the testing equipment has been calibrated to the manufacturer's
specifications within the previous 12 months, prior to application
to EMD;
c.
A fee as specified by Chapter
6.99 of the Sacramento County Code. This fee shall not be refundable or transferable.
A person who wishes to perform backflow prevention assembly
testing services within Sacramento County must register annually with
EMD prior to performing testing services.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. Field testing procedures shall be conducted pursuant to the "Manual
of Cross-Connection Control," published by the University of Southern
California, Foundation for Cross-Connection Control and Hydraulic
Research.
B. For the testing of PVB, RP, RPDA, RPDA-II, and SVB assemblies: Required
equipment shall include a differential pressure gauge incorporating
a minimum range of zero to 15 pounds per square inch differential
(psid) with maximum 0.2 psid graduations.
C. For the testing of DC, DCDA, DCDA-II assemblies: Required equipment
shall include a differential pressure gauge incorporating a minimum
range of zero to 15 pounds per square inch differential (psid) with
maximum 0.2 psid graduations.
D. All testing equipment shall be calibrated annually according to the
manufacturer's specifications, and shall include all necessary
hoses and fittings.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
The Director or designee may issue a notice of violation to any person found to be in violation of a provision of this chapter, including, but not limited to, any regulation, information request, order, variance, condition, or other requirement that the Director, and/or designee, is authorized to enforce or implement pursuant to this chapter. Issuance of a notice of violation may also result in issuance of an administrative enforcement order pursuant to Section
6.30.170 of this chapter, or in the suspension or revocation of a tester's registration.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. In addition to any other content, a notice of violation shall contain
the following elements:
1. A statement of the Director's, or designee's, findings
that indicate a violation has occurred.
2. A citation of the provision of this chapter including any regulation,
permit, information request, order, variance, condition, or other
requirement that has been violated.
3. A date by which any person must be in compliance with this chapter
including any regulation, permit, information request, order, variance,
condition, or other requirement, or a date by which an action plan
must be submitted by the person to propose a means and time frame
by which to correct violations. The Director, or designee, may extend
the compliance deadline when good cause exists for such an extension.
4. Notification that continued noncompliance may result in additional
enforcement action being taken against the business, facility, or
any responsible persons.
5. Notification that a violation of this chapter may result in an administrative civil penalty, in accordance with Section
6.30.170 of this chapter, or in criminal penalties.
6. Notification that the correction of any alleged violation(s) within
the specified deadline date(s) will not necessarily prevent the Director,
or designee, from issuing an administrative enforcement order and
imposing administrative civil penalties relating to the alleged violation(s)
or from suspending or revoking a tester's registration.
B. In addition to any other content, a notice of violation may establish
required corrective actions, including, but not limited to, the following:
1. Terms, conditions, and requirements reasonably related to the provisions
of this chapter, including the following:
a.
Cessation of prohibited actions,
b.
Correction of prohibited conditions,
c.
A requirement for submittal of a written action plan for achieving
and maintaining compliance with this chapter,
d.
Inspection and/or reporting requirements to demonstrate ongoing
compliance;
2. A requirement that the person receiving same shall submit written
certification to the Director, or designee, that the necessary corrective
actions have been completed. As appropriate for the type of correction
action taken, the notice of violation may require documentation that
substantiates the certification including, but not limited to, receipts,
inspection reports, contracts, or photographs;
3. Any other terms or conditions reasonably calculated to prevent additional
or ongoing violations of this chapter.
C. An administrative enforcement order may be issued separately, but
only after issuance of a notice of violation, or in combination with
a notice of violation, for the same violations or set of related violations.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. If the Director, or designee, determines that a person has committed,
or is committing, a violation of any provision, permit, information
request, order, variance, condition, or other requirement of this
chapter that the Director, or designee, is authorized to enforce or
implement, the Director, or designee, may issue an administrative
enforcement order after issuing a notice of violation or, in combination
with this notice of violation, requiring that the violation be corrected
and imposing an administrative penalty.
B. The violator shall be liable for a penalty of not more than $1,000
for each day on which each violation occurs and/or continues.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. In addition to any other content, an administrative enforcement order
shall contain the following elements:
1. A statement of the Director's, or designee's, findings
that indicate a violation has occurred;
2. A citation of the provision of this chapter including any regulation,
information request, order, variance, condition, or other requirement
that has been violated;
3. A date by which any person must be in compliance with this chapter,
or a date by which an action plan must be submitted by the person
to propose a means and time frame by which to correct violations.
The Director, or designee, may extend the compliance deadline when
good cause exists for such an extension;
4. Notification that continued noncompliance may result in additional
enforcement action being taken against the business, facility, or
any responsible persons;
5. Notification as to whether an administrative civil penalty is imposed
and the terms and conditions of payment, if any;
6. In establishing the penalty amount, the Director, and/or designee,
shall take the following into consideration:
a.
The nature, circumstances, extent, and gravity of the violation,
b.
The violator's past and present efforts toward compliant
behavior,
c.
The violator's ability to pay the penalty,
d.
The deterrent effect that the imposition of the penalty would
have on both the violator and the community;
7. Notification that the recipient has a right to a hearing on the matter as set forth in Section
6.30.220 of this chapter to appeal any findings or required corrective actions established by the Director, or designee.
8. Notification of procedures for requesting a hearing established according to Section
6.30.220 of this chapter.
B. In addition to any other content, an administrative enforcement order
may establish required corrective actions, including the following:
1. Terms, conditions, and requirements reasonably related to the provisions
of this chapter, including the following:
a.
Cessation of prohibited actions,
b.
Correction of prohibited conditions,
c.
A requirement for submittal of a written action plan for achieving
and maintaining compliance with this chapter,
d.
Inspection and/or reporting requirements to demonstrate ongoing
compliance;
2. A requirement that the person receiving same shall submit written
certification to the Director, or designee, that the necessary corrective
actions have been completed. As appropriate for the type of correction
action taken, the administrative enforcement order may require documentation
that substantiates the certification including, but not limited to,
receipts, permits, inspection reports, contracts, or photographs;
3. Any other terms or conditions reasonably calculated to prevent additional
or ongoing violations of this chapter.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
When any person has engaged in, is engaged in, or threatens
to engage in, any act or practice which violates this chapter, or
any resolution, rule, or regulation adopted pursuant to this chapter,
the office of the County Counsel for Sacramento County may apply to
any court of competent jurisdiction for an order enjoining those acts
or practices, or for an order directing compliance.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. The Director may issue a cease and desist order requiring the Owner
and/or Operator of any facility, or any other person responsible for
any violation of this chapter, to take the following actions:
1. Immediately discontinue use of the water system.
2. Immediately discontinue any other violation of this chapter.
3. Satisfactorily remediate the area affected by the violation.
B. The Director may issue an administrative enforcement order, pursuant to Section
6.30.170 of this chapter, if it has been determined that an owner and/or operator, or any other person, has not complied with any or all provision(s) of any cease and desist order.
(SCC 1456 § 2, 2010; SCC
1618 § 67, 2018; SCC 1739, 9/24/2024)
Any notice of violation, notice of suspension/revocation of
tester registration, administrative enforcement order, or other enforcement
action pursuant to the requirements of this chapter shall be subject
to the following requirements:
A. Delivery of the aforementioned shall be deemed complete upon either
personal delivery to the recipient or by certified mail.
B. Where the recipient of the notice or order is the owner of the premises,
the address for notice or order shall be the address from the most
recently issued equalized assessment roll for the premises.
C. Where the owner or occupant of any premises cannot be located after
reasonable efforts of the Director, or designee, the notice or order
shall be deemed delivered after posting on the premises for a period
of 10 business days.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. Any person, owner, or operator served with an administrative enforcement
order and/or notice of suspension/revocation of tester registration
issued pursuant to this chapter who has been unable to resolve any
violation with the Director, and/or designee, may within 15 days after
service of the order, request a hearing pursuant to this section by
filing with the Director, or designee, a notice of defense, which
form shall be provided with the administrative enforcement order or
notice of suspension/revocation of tester registration.
1. A notice of defense shall be deemed filed within the 15 day period
provided by this section if it is postmarked no later than 15 days
after service of the order.
2. If no notice of defense is filed within the time limit provided by
this section, the administrative enforcement order or notice of suspension/revocation
of tester registration shall become final.
B. A person, owner, or operator requesting a hearing on an order issued
by the Director, or designee, under this chapter may select the Hearing
Officer specified in either subsection (1) or (2) in this subsection
by indicating so on the notice of defense filed with the Director,
or designee. If a notice of defense is filed but no Hearing Officer
is selected, the Director, or designee, may select the Hearing Officer
pursuant to either subsection (1) or (2) of this subsection. Within
60 days of receipt of the notice of defense by the Director, and/or
designee, the hearing shall be scheduled using one of the following:
1. An Administrative Law judge of the Office of Administrative Hearings of the Department of General Services, shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3, Title
2, of the
Government Code, and the Director, or designee, shall have all the authority granted to the agency by those provisions.
2. A Sacramento County Hearing Officer appointed pursuant to Government
Code Sections 27720, et seq. Each Hearing Officer shall also meet
the requirements of
Government Code Section 11425.30 and any applicable
restriction.
C. When a hearing is conducted by a Hearing Officer designated by the
Director, or designee, the Hearing Officer shall issue a decision
within 30 days after the hearing is conducted. Each Hearing Officer
designated by the Director, or designee, shall meet the requirements
of Section 11425.30 of the
Government Code and any other applicable
restriction.
D. Alternative dates for the hearing may be established by mutual consent
of the person, owner, or operator, and the Director, or designee,
or as ordered by the Hearing Officer.
E. The hearing decision issued pursuant to subsection
C of this section shall be effective and final upon issuance by the Director, or designee. A copy of the decision shall be served by personal service or by certified mail upon the party served with the order, or their representative, if any.
F. The hearing decision issued pursuant to subsection
C of this section may be reviewed by a court pursuant to Section 11523 of the
Government Code. In all proceedings pursuant to this section, the court shall uphold the decision of the Director, and/or designee, if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this chapter. This section does not prohibit the court from granting any appropriate relief within its jurisdiction.
G. All administrative penalties and filing fees, collected from actions
brought by the Director, or designee, pursuant to this section, paid
to the Director, or designee, shall be deposited into a special account
that shall be expended to fund the activities of EMD in enforcing
this chapter.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. General. At the time set for hearing, the Hearing Officer shall state
what the prima facie case is, what the burden of proof is, and what
the range of penalties is. The Hearing Officer shall proceed to hear
the testimony of the Director, or designee, the person, and other
competent persons respecting the circumstances of the violation, and
other relevant facts concerning the matter. The Hearing Officer shall
follow the rules of procedure for conducting hearings established
by this chapter.
B. Record of Oral Evidence at Hearing. A record of the entire hearing
proceedings shall be made by either a certified court reporter or
any other means of permanent recording determined to be appropriate
by the Hearing Officer. A transcript of the proceedings shall be made
available to all parties upon request and upon payment of the fee
prescribed therefor. Such fees may be established and revised from
time to time by the Director, or designee.
C. Continuances. The Hearing Officer may, upon request of the person,
a party in interest, or the Director, or designee, grant continuances
from time to time for good cause shown, or upon his or her own motion.
Any continuance granted shall in no way diminish the responsibility
of the person and/or parties in interest for maintaining the premises,
nor affect other requirements of this chapter regarding time for challenging
any decisions made or actions taken.
D. Oaths—Certification. The Hearing Officer or certified court
reporter shall administer the oath or affirmation.
E. Evidence Rules. Government Chapter of the State of California, Section
11513, as presently written, or hereinafter amended, shall apply to
hearings conducted under this chapter.
F. Rights of Parties. Parties may represent themselves, or be represented
by anyone of their choice. Each party may appear at the hearing and
offer evidence in this matter and cross examine witnesses.
G. Official Notice. In reaching a decision, official notice may be taken,
either before or after submission of the case for decision, of any
fact which may be judicially noticed by the courts of this State.
H. Burden of Proof. The burden of proof in hearings held pursuant to
this chapter shall be as follows:
1. In the case of any notice or order, the Director, or designee, shall
bear the burden of proof, by a preponderance of evidence, to show
that a violation of this chapter has occurred.
2. In the case of a notice of administrative civil penalty, the Director,
and/or designee, shall bear the burden of proof, by a preponderance
of evidence, to show that a penalty should be assessed.
3. In the case of an appeal regarding the occurrence of a violation,
or of required corrective actions, the appellant shall bear the burden
of proof, by clear and convincing evidence, to show cause for amending
or rejecting all or part of the corrective actions or requirements
imposed by the Director, or designee, by a notice or order.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
A. Following the hearing, the Hearing Officer shall issue an Order,
in writing, no later than 30 days from the date of the hearing, unless
the time is waived by the parties. The Order shall contain findings
of fact and rationale appropriate to the violation and result, and
a resolution of the essential issues raised, including the following:
1. Confirmation or denial of the occurrence of violations of this chapter
that are alleged by the Director, or designee;
2. Confirmation or rejection of any Administrative Civil Penalty sought
by the Director, or designee, and establishment of the monetary amount
of any Administrative Civil Penalty to be enforced; and
3. Confirmation, amendment, or rejection of required corrective actions
related to compliance with this chapter that are imposed by the Director,
or designee, but only if those requirements are appealed by the person.
B. The Hearing Officer's order shall uphold required corrective
actions if the person fails to show clear and convincing evidence
that the required corrective actions are unreasonable or unnecessary
for achieving or demonstrating ongoing compliance with this chapter.
The Hearing Officer's order may amend or reject required corrective
actions, provided that compliance with this chapter will be achieved.
C. The Hearing Officer's Order shall inform the person that failure
to comply with the Hearing Officer's Order shall constitute a
misdemeanor and is subject to additional enforcement action, including
criminal penalties and additional civil and administrative penalties.
D. The Hearing Officer's Order shall inform the person that the
time and manner by which a person may file a challenge to the Hearing
Officer's order is governed by
Government Code Section 53069.4
or any successor provision thereto.
E. The order issued by the Hearing Officer pursuant to this chapter
shall be effective upon issuance. A copy of the order shall be delivered
by the Hearing Officer in accordance with this chapter.
F. Preparation of a record of the administrative proceeding shall be
governed by the provisions of
Code of Civil Procedure Section 1096.4.
G. Any challenge to the Order of the Hearing Officer concerning any
appeal or Administrative Civil Penalty shall be governed by Government
Code Section 53069.4, or any successor provision thereto. Service
of the Notice of Appeal authorized by
Government Code Section 53069.4
on the County shall be served upon the Director.
H. After any notice or order made pursuant to this chapter shall have
become final, no person to whom any such order is directed shall fail,
neglect, or refuse to obey such order. The Director, or designee,
may pursue, through County Counsel or the District Attorney, appropriate
judicial action against any person who fails to comply with any such
Notice or Order, including charging that person with a misdemeanor
offense.
(SCC 1456 § 2, 2010; SCC
1618 § 68, 2018; SCC 1739, 9/24/2024)
A. The administrative civil penalty shall be due and payable within
30 days after the Hearing Officer's decision is issued. If the
penalty is not timely paid, the Director, and/or designee, may pursue
all reasonable and legal means in collecting those sums authorized
and due.
B. All administrative civil penalties collected from actions brought
pursuant to this chapter shall be paid to the Director, or designee,
enforcing this chapter, and shall be deposited into a special account
that shall be expended to fund the activities of EMD to implement
the applicable provisions of this chapter.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
This chapter does not do any of the following:
A. Otherwise affect the authority of the Director, or designee, to take
any other action authorized by any other provision of law;
B. Restrict the power of a City Attorney, District Attorney, County
Counsel, or the Attorney General to bring, in the name of the people
of California, any criminal, civil, or administrative proceeding otherwise
authorized by law.
C. Prevent or limit any other agency from taking any action authorized
by any other provision of law.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
EMD is authorized to make all necessary and reasonable rules
and regulations with respect to the enforcement of this chapter. All
such rules and regulations shall be consistent with the provisions
of this chapter and shall be effective 30 days after being filed with
the Clerk of the Board of Supervisors.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)
Fees for cross-connection control tags and other regulatory items associated with this chapter are prescribed by Sacramento County Code Chapter
6.99.
(SCC 1456 § 2, 2010; SCC 1739, 9/24/2024)