CCLME.ORG - Article 2 (commencing withHNC 5410) Ch. 6 Pt. 3 Div. 5
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State
California
HNC Sec 5410-5416


HEALTH AND SAFETY CODE
SECTION 5410-5416





5410. As used in this chapter:
(a) "Waste" includes sewage and any and all other waste
substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any
producing, manufacturing, or processing operation of whatever nature.

(b) "Person" as used in this article also includes any city,
county, district, the state or any department or agency thereof.
(c) "Waters of the state" means any water, surface or underground,
including saline waters, within the boundaries of the state.
(d) "Contamination" means an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of disease.
"Contamination" shall include any equivalent effect resulting from
the disposal of waste, whether or not waters of the state are
affected.
(e) "Pollution" means an alteration of the quality of the waters
of the state by waste to a degree which unreasonably affects: (1)
such waters for beneficial uses, or (2) facilities which serve such
beneficial uses. "Pollution" may include "contamination."
(f) "Nuisance" means anything which: (1) is injurious to health,
or is indecent or offensive to the senses, or an obstruction to the
free use of property, so as to interfere with the comfortable
enjoyment of life or property, and (2) affects at the same time an
entire community or neighborhood, or any considerable number of
persons, although the extent of the annoyance or damage inflicted
upon individuals may be unequal, and (3) occurs during, or as a
result of, the treatment or disposal of wastes.
(g) "Regional board" means any California regional water quality
control board created pursuant to Section 13201 of the Water Code.



5411. No person shall discharge sewage or other waste, or the
effluent of treated sewage or other waste, in any manner which will
result in contamination, pollution or a nuisance.



5411.5. (a) Any person who, without regard to intent or negligence,
causes or permits any sewage or other waste, or the effluent of
treated sewage or other waste to be discharged in or on any waters of
the state, or discharged in or deposited where it is, or probably
will be, discharged in or on any waters of the state, as soon as that
person has knowledge of the discharge, shall immediately notify the
local health officer or the director of environmental health of the
discharge.
(b) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars ($500) nor more than one thousand
dollars ($1,000), or imprisonment for less than one year, or both
the fine and imprisonment.
(c) The notification required by this section shall not apply to a
discharge authorized by law and in compliance with waste discharge
requirements or other requirements established by the appropriate
regional water quality control board or the State Water Resources
Control Board.



5412. Whenever the state department or any local health officer
finds that a contamination exists, the state department or officer
shall order the contamination abated, as provided in this chapter,
and, commencing July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, shall submit any
report required pursuant to subdivision (d) of Section 13193 of the
Water Code.



5412.5. (a) Any person who, without regard to intent or negligence,
causes or permits any sewage or other waste, or the effluent of
treated sewage or other waste to be discharged in or on any waters of
the state, or discharged in or deposited where it is, or probably
will be, discharged in or on any waters of the state that may cause
contamination of waters used for a water-contact sport, as defined in
Section 24155, shall reimburse the local health officer or the
director of environmental health for the necessary and actual costs
incurred to mitigate the threat of contamination and to protect the
health and safety of the public.
(b) The governing body of the county shall establish the amount of
payment at a level sufficient to pay the necessary and reasonable
costs incurred by the local health officer or environmental health
director administering this section and Section 5411.5.
(c) For the purposes of this section "mitigate" includes, but is
not limited to, actions taken by the local health officer or the
director of environmental health in the affected tributaries and
waters used for a water-contact sport to investigate the waste
discharge, to collect and analyze water samples to determine the
areas of contamination, to close or restrict use, to post closure
signs, and to notify the public of closures or restrictions.
(d) This section shall not apply to discharge authorized by law
and in compliance with waste discharge requirements or other
requirements established by the appropriate regional water quality
control board or the State Water Resources Control Board.




5413. Whenever the state department finds that a pollution or
nuisance does, in fact, exist, that condition shall be immediately
referred by the state department to the proper regional board for
action, together with any recommendations for correction, and,
commencing July 1 of a year in which the Legislature has appropriated
sufficient funds for this purpose, the state department shall submit
any report required pursuant to subdivision (d) of Section 13193 of
the Water Code. Upon request of a regional board, the state
department shall inspect and report to the board on any technical
factors involved in any condition of pollution or nuisance.




5414. With respect to any condition of contamination, the state
department may accept the action of any state, county, or municipal
officer or agency having jurisdiction over the matter as sufficient.



5415. No provision in this chapter is a limitation on any of the
following:
(a) The authority of a city or county to adopt and enforce
additional regulations not in conflict with this chapter imposing
additional conditions, restrictions, or limitations relating to the
disposal of sewage or other waste.
(b) The authority of any city or county to declare, prohibit, and
abate nuisances.
(c) The authority of a state agency in the enforcement or
administration of any provision of law which it is specifically
permitted or required to enforce or administer.
(d) The right of any person to maintain at any time any
appropriate action for relief against any private nuisance as defined
in the Civil Code or for relief against any contamination or
pollution.
(e) The authority of a city or county to adopt and enforce
regulations relating to the use of recycled water in accordance with
Chapter 7 (commencing with Section 13500) of Division 7 of the Water
Code.



5416. (a) There shall be not less than one water closet for each 20
employees or fractional part thereof working at a construction job
site.
(b) The water closet shall consist of a patented chemical type
privy, or a pit privy; provided, however, that a pit privy shall
consist of a pit at least four feet deep with a well-constructed
shelter, the openings of which shall be flyproofed, and with respect
to which adequate sanitary and safe flooring shall be provided. With
the approval of the local health officer other types of toilet
facilities or modifications of those specified may be allowed.
(c) For the purpose of this section the term construction site
shall mean the location on which actual construction of a building is
in progress.
(d) A violation of this section shall constitute a misdemeanor.




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