Article 2 - Sewage and Other Waste

California Health and Safety Code — §§ 5410-5416

Sections (9)

Amended by Stats. 1969, Ch. 482.

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

Amended by Stats. 1967, Ch. 1447.

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

Amended by Stats. 2013, Ch. 635, Sec. 2. (AB 803) Effective January 1, 2014.

(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, shall, as soon as that person has knowledge of the discharge, immediately notify the local health officer or the director of environmental health of the discharge.

(b)A 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.

(d)The notification required by this section shall not apply to an unauthorized discharge of effluent of treated sewage defined as recycled water pursuant to Section 13050 or 13529.2 of the Water Code.

§ 5412

Amended by Stats. 2001, Ch. 498, Sec. 2. Effective January 1, 2002.

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

Added by Stats. 1992, Ch. 410, Sec. 2. Effective January 1, 1993.

(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

Amended by Stats. 2001, Ch. 498, Sec. 3. Effective January 1, 2002.

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

Repealed and added by Stats. 1949, Ch. 1550.

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

Amended by Stats. 1995, Ch. 28, Sec. 5. Effective January 1, 1996.

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

Amended by Stats. 1953, Ch. 433.

(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.