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SB-589 Mobilehome and special occupancy parks: sewage disposal.(2007-2008)

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SB589:v94#DOCUMENT

Senate Bill No. 589
CHAPTER 557

An act to amend Section 18554 of, and to repeal and add Section 18871.4 of, the Health and Safety Code, relating to mobilehome and special occupancy parks.

[ Approved by Governor  October 12, 2007. Filed with Secretary of State  October 12, 2007. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 589, Correa. Mobilehome and special occupancy parks: sewage disposal.
(1) The Mobilehome Parks Act makes it unlawful to permit any wastewater or material from a plumbing fixture in a manufactured home, mobilehome, or recreational vehicle to be deposited upon the surface of the ground and authorizes the Department of Housing and Community Development to adopt rules and regulations to carry out the purposes of this provision. Existing law makes it a misdemeanor to willfully violate a provision of the Mobilehome Parks Act.
The Special Occupancy Parks Act establishes a similar crime relating to recreational vehicle parks, temporary recreational vehicle parks, incidental camping areas, and tent camps.
This bill would include a plumbing fixture in a permanent building located within a mobilehome park or special occupancy park, within the scope of the prohibitions described above and would revise the scope of the prohibitions to include sewage or waste material from any mobilehome park sewage or waste disposal system, thereby creating new crimes and imposing a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18554 of the Health and Safety Code is amended to read:

18554.
 (a) It is unlawful to permit any wastewater, sewage, or waste material from any plumbing fixtures in a park, any park sewage or waste disposal system, or any plumbing fixtures in a manufactured home, mobilehome, recreational vehicle, accessory structure, or permanent building in the park, to be discharged onto or deposited upon the surface of the ground.
(b) The enforcement agency may order the removal, sanitation, or both, of any wastewater, sewage, or waste material discharged onto or deposited upon the surface of the ground, or may require the removal, sanitation, or both, of the wastewater, sewage, or waste material, in a manner consistent with the requirements of, and in consultation with, the local health department or agency.
(c) Pursuant to this section, the registered owner of a mobilehome, manufactured home, or recreational vehicle shall be responsible for complying with an order, or the correction of a citation, issued by the enforcement agency, and the costs of that order, whenever wastewater, sewage, or waste material is discharged onto or deposited upon the surface of the ground as a result of leaks from plumbing fixtures in a manufactured home, mobilehome, or recreational vehicle, or accessory structure, or whenever those leaks come from plumbing on the space or lot that connects the home or recreational vehicle or accessory structure to the park’s sewer, septic, or drain system on the home or vehicle registered owner’s side of the connection, if the discharge or deposit is determined by the enforcement agency to be the fault of the registered owner of the home or recreational vehicle.
(d) Except as provided in Section 18930, the department may adopt any rules and regulations that it determines are reasonably necessary for the protection of life and property and to carry out the purposes of this section.

SEC. 2.

 Section 18871.4 of the Health and Safety Code is repealed.

SEC. 3.

 Section 18871.4 is added to the Health and Safety Code, to read:

18871.4.
 (a) It is unlawful to permit any wastewater, sewage, or waste material from any plumbing fixtures in a park, any park sewage or waste disposal system, or any plumbing fixtures in a manufactured home, mobilehome, recreational vehicle, accessory structure, or permanent building in the park, to be discharged onto or deposited upon the ground.
(b) The enforcement agency may order the removal, sanitation, or both, of any wastewater, sewage, or waste material discharged onto or deposited upon the surface of the ground, or may require the removal, sanitation, or both, of the wastewater, sewage, or waste material, in a manner consistent with the requirements of, and in consultation with, the local health department or agency.
(c) Pursuant to this section, the registered owner of a mobilehome, manufactured home, or recreational vehicle shall be responsible for complying with an order, or the correction of a citation, issued by the enforcement agency, and the costs of that order, whenever wastewater, sewage, or waste material is discharged onto or deposited upon the surface of the ground as a result of leaks from plumbing fixtures in a manufactured home, mobilehome, or recreational vehicle, or accessory structure, or whenever those leaks come from plumbing on the space or lot that connects the home or recreational vehicle or accessory structure to the park’s sewer, septic, or drain system on the home or vehicle registered owner’s side of the connection, if the discharge or deposit is determined by the enforcement agency to be the fault of the registered owner of the home or recreational vehicle.
(d) Except as provided in Section 18930, the department may adopt any rules and regulations that it determines are reasonably necessary for the protection of life and property and to carry out the purposes of this section.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.