HomeMy WebLinkAbout09.a.2) General Manager Written Announcements9.a.2)
Board Meeting of December 15. 2016
Written Announcements:
TREATMENT PLANT
a) Natural Gas Pre -Purchase
On April 2, 2015 the Board authorized the General Manager to pre -purchase natural gas
through 2017 with a $6 per MMBtu limit. Staff has pre -purchased the third and final pre-
purchase of 333 MMBtu per day at $3.41 per MMBtu. This concludes the District's normal
natural gas pre -purchase amount for 2017. The average cost for pre -purchased natural
gas for 2017 will be $3.50 per MMBtu for 999 MMBtu per day, which is 9% below the cost
of pre -purchased natural gas for 2016.
COMMUNITY OUTREACH
b) November 30, 2016 Meeting with Howard Jarvis Taxpayers
Association (HJTA) President Jon Coupal
In response to recent comments related to Central San by Mr. Coupal at the August 25,
2016 Little Hoover Commission Hearing on Special Districts, General Manager Roger S.
Bailey and Communication & Intergovernmental Relations Manager Emily Barnett, met to
discuss ways for Central San and HJTA to work together to increase understanding of
District -related financial data. The meeting was very productive, and was a good first step
in relationship building with the intention of increasing transparency and accuracy of
financial data being reported by HJTA related to Central San.
c) Central San Joins Interagency Effort to Support and Provide
Suggested Modifications to Contra Costa County's Proposed Safe
Drug Disposal Ordinance
Central San has been at the forefront in developing a program to establish drop-off sites
for safe disposal of unwanted medications in partnership with 13 law enforcement
agencies in central Contra Costa County. This program, which has been in place since it
began as a pilot in 2009, has now collected almost 100,000 pounds of unwanted
medications. While Central San has been a leader in providing a pharmaceutical
collection program, it has come at the cost of Central San ratepayers, and additional safe
disposal locations are needed to bring convenience to all Contra Costa County residents.
Pharmaceutical manufacturers are the sources of these medications and should be
responsible for their collection and proper disposal to help prevent pollution of area
waterways.
Written Announcements
December 15, 2016
Page 2 of 2
The Contra Costa County Board of Supervisors recently introduced a Safe Drug Disposal
Ordinance that will require producers of prescription drugs to establish and fund a
program to collect and properly dispose of unwanted prescription drugs in unincorporated
county areas. The draft Ordinance may be viewed at:
http://64.166.146.245/docs/2016/BOS/20161206 827/27883 Ord.%202016-
24%20Safe%20Drua%20Disaosal.pdf
Central San has joined six other Contra Costa County water, recycled water, and
wastewater agencies to provide support of this Ordinance, including suggested
modifications that would ensure program implementation and success. A copy of the
interagency letter and attachment follows this announcement. The Board of Supervisors
first heard the matter on December 6, 2016, and was very receptive to input, so they will
consider a revised Ordinance in mid-December.
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WEST COUNTY WASTEWATER DISTRICT
December 2, 2016
Honorable Board of Supervisors
Contra Costa County
651 Pine Street
Martinez, CA 94553
Dear Members of the Board of Supervisors:
Delta
%�MVSD
Diablo
Dublin San Ramon
Services District
Water, wastewater, recycled water
Subject: Support and Suggested Modifications to Proposed Safe Drug Disposal Ordinance
On behalf of the undersigned public water, recycled water, and wastewater agencies serving the
communities of Contra Costa County, we applaud the Board of Supervisors for considering a
Safe Drug Disposal Ordinance for the betterment of local residents. The proposed ordinance is
an important step forward in making our communities and waterways safer. There has been a
wave of support for forward -thinking safe drug disposal ordinances in counties throughout the
Bay Area. These counties include: Alameda, San Francisco, San Mateo, Santa Clara, Marin,
and Santa Cruz.
Medications are an important and necessary medical technology that provide benefits of longer,
healthier, and more productive lives. However, without convenient disposal options, residents
often store unwanted and expired drugs in their homes, where they can end up in the wrong
hands, or be discarded by dumping them down drains, flushing them down toilets, or throwing
them in the trash. These types of disposal ultimately impact water quality for our community.
Wastewater treatment plants are designed to remove human waste and toilet paper, and are not
designed to remove diluted concentrations of complex, synthetic chemicals like
pharmaceuticals. As a result, many pharmaceutical compounds pass through wastewater
treatment processes and into the water environment where studies suggest that
pharmaceuticals can have a negative effect on aquatic life.
With California's annual prescription drug sales currently in excess of $35 billion, and projected
to increase 3-6% annually, unwanted and expired medications are a waste stream concern that
will continue to grow. Offering safe and convenient drug disposal options to residents helps
protect our communities and reduces the amount of pharmaceutical concentrations entering Bay
Area waterways. The undersigned agencies therefore strongly support the Board of
Supervisors in adopting the proposed Safe Drug Disposal Ordinance. To allow for the best
Honorable Board of Supervisors
Contra Costa County
Page 2 of 4
December 2, 2016
chance of program success, we urge consideration of the following four modifications to the
draft presented at your November 14, 2016, Family and Human Services Subcommittee meeting.
1. Include Over -the -Counter Medications
Over-the-counter medications (OTCs) are the most common drugs found in the average
home. As a result, OTCs are the most accessible for getting into the wrong hands, the
leading cause of childhood drug poisonings (as compared to prescription drugs), and the
pharmaceuticals most often detected in waterways, so it is imperative that the proposed
Ordinance include over-the-counter (OTC) medications.
OTCs are included in Safe Drug Disposal ordinances adopted by the six northern
California Counties that preceded Contra Costa County's proposed Ordinance. Initially,
Alameda County, the first County in the nation to pass such an Ordinance, did not include
OTCs in its July 24, 2012 adopted ordinance. Later, its Board of Supervisors adopted a
resolution on January 26, 2016 to amend the original ordinance to include OTCs.
Contra Costa County's proposed Ordinance can easily be amended to include the
collection of OTCs with the following adjustments (in underlined text) to the Definitions
(§418-16.202 on page 2).
(e) "Covered Drug" means a Druq in any form, including a controlled substance,
that is sold, offered for sale to, or otherwise distributed for use by, one or more
consumers in the Service Area, including prescription, nonprescription, brand name, and
generic. "Covered Drug" shall include controlled substances and, notwithstanding the
previous sentence, shall not include : (1) vitamins or supplements; (2) herbal -based
remedies and homeopathic drugs, products, or remedies; (3) cosmetics, shampoos,
sunscreens, toothpaste, lip balm, antiperspirants, or other personal care products that are
regulated as both cosmetics and nonprescription drugs under the federal Food, Druq,
and Cosmetic Act or any successor legislation; (4) Drugs for which Producer provides a
pharmaceutical product stewardship or take -back program as part of a federal Food and
Drug Administration managed risk evaluation and mitigation strategy (Title 21 U.S.C.
Sec. 355-1); and (5) Drugs that are biological products as defined by 21 C.F.R. 600.3(h)
as it exists on the effective date of this Chapter if the Producer already provides a
pharmaceutical product stewardship or take -back program.
(f) "Drug" means: (1) any article recognized in the official United States
Pharmacopoeia - National Formulary, the official homeopathic pharmacopoeia of the
United States or any supplement of the formulary or those pharmacopoeias as published
by the U.S. Pharmacopeia Convention and the Homeopathic Pharmacopoeia Convention
of the United States; (2) any substance intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in humans or other animals; (3) any substance, other
than food, intended to affect the structure or any function of the body of humans or other
animals; or (4) any substance intended for use as a component of any substance
specified in (1), (2), or (3) of this definition, but not a device or a component, part or
accessory of a device.
Honorable Board of Supervisors
Contra Costa County
Page 3 of 4
December 2, 2016
2. Increase Transparency of the Stewardship Organization
Contra Costa County's draft Ordinance follows a similar approach as six recently adopted
county ordinances in northern California. This approach requires pharmaceutical
producers to establish a Stewardship Organization to implement the requirements of the
Safe Drug Disposal Ordinance. One very important lesson that has been learned by the
other six counties is that, absent specific requirements about the Stewardship
Organization, some pharmaceutical producers have elected to establish a Stewardship
Organization that is structured as a 501(c)(6) organization under the Internal Revenue
Service organizational tax identity.
Unfortunately, a 501(c)(6) organizational tax identity status allows for no limitation on
legislative lobbying, and limited political activity is permitted. Conversely, a 501(c)(3)
organizational tax identity status has strict limits on legislative lobbying and does not
allow for political campaign activity. In order for an effective Safe Drug Disposal
ordinance to be successful in Contra Costa County, and elsewhere, it is imperative that a
spirit of transparency be at the center of any ordinance of this significance.
There is another important distinction for organizational tax identity statuses. A 501(c)(6)
organizational tax identity status allows for private benefit to individuals or companies.
Conversely, 501(c)(3) organizational tax identity status restricts private benefits, and
requires benefits that support the public. Requiring Contra Costa County's Safe Drug
Disposal ordinance to include a Stewardship Organization that is of a 501(c)(3)
organizational tax identity status will ensure public benefit, greater transparency, and
support successful implementation.
To address this item, changes to the definition of "Stewardship organization" (in §418-
16.202 on page 3) is suggested by the following (in strikethrough and underlined text):
(q) "Stewardship organization" means a person 501(c)(3) organization designated
by a producer to develop or implement a stewardship plan or operate a stewardship
program on behalf of the producer.
3. Specify Disposal Method
The proposed section on Transport and disposal (§418-16.216 on page 7) Tacks
specificity on the actual disposal method required. As currently drafted, a producer could
potentially direct the collected drugs to a landfill. Currently, incineration provides the
most benign way for appropriate destruction of pharmaceuticals. The following language
modification brings clarity to the disposal method (in underlined text):
(b) All unwanted covered drugs that are collected under an approved stewardship
program must be disposed of by destructive incineration only at a medical waste facility
or hazardous waste facility that operates under all required permits and licenses. (Ord.
2016-_ § 4).
Honorable Board of Supervisors
Contra Costa County
Page 4 of 4
December 2, 2016
4. Appropriate Enforcement Needed For Program Success
In its current form, the proposed Ordinance, includes no penalties for noncompliance
(§418-16.224 on page 9). Meaningful enforcement is imperative to ensure program
implementation and success. Without penalties, this Ordinance could be viewed by
pharmaceutical producers as voluntary. The six adopted northern California County Safe
Drug Disposal ordinances can help guide the way for County Counsel to develop such
language for inclusion in Contra Costa's Ordinance. The enforcement sections of the six
adopted ordinances are provided in Attachment A to this letter.
The undersigned agencies appreciate Contra Costa County's leadership on this important issue.
We support the ordinance fully with the inclusion of the proposed modifications. We look forward
to working with the County to ensure successful program implementation. Strong leadership
requires forward -thinking policies, care for the citizenry, support for the environment, and
courage to do the right thing. We commend the Board of Supervisors for supporting the
betterment of all within Contra Costa County, and we are here to support you as you take this
important step forward.
Sincerely,
R ger S. Bailey
General Manager
Central Contra Costa Sanitary District
Chad Davisson
General Manager
Ironhouse Sanitary District
GaryW. arling
General Manager
Delta Diablo
Enclosure: Attachment A
Ryan Smith
Director of Water Resource Recovery Dept.
City of Richmond
Neal B. Allen
District Manager
Mt. View Sanitary District
Daniel McIntyre
General Manager
Dublin San Ramon Services District
E. J. halaby
Gener. ager
West County Wastewater District
Attachment A
Example Penalties Language from Adopted
Safe Drug Disposal Ordinances in Northern California
The attached Enforcement and Penalties section excerpts are provided from the
following adopted Safe Drug Disposal Ordinances for reference:
1. Alameda County
6.53.110 Enforcement.
Pages 12-15
Adopted July 24, 2012
2. San Francisco, City and County
2213. STEWARDSHIP PLANS — ENFORCEMENT AND PENALTIES.
Pages 21-23
Adopted March 17, 2015
3. San Mateo County
4.116.130 — Stewardship Plans — Enforcement and Penalties.
Pages 13-15
Adopted April 28, 2015
4. Santa Clara County
Sec. B11-551. Stewardship Plans - Enforcement and Penalties.
Pages 13-14
Adopted June 23, 2015
5. Marin County
7.90.140- Stewardship Plans- Enforcement and Penalties.
Pages 12-13
Adopted August 11, 2015
6. Santa Cruz County
7.95.110- Enforcement.
Pages 0032-0033
Adopted December 8, 2015
6.53.110. - Enforcement.
A. The Department of Environmental Health shall administer the penalty
provisions of this Chapter.
B. The Department of Environmental Health may issue an administrative
citation to a Producer for violation of this Chapter or any regulation adopted pursuant to
this Chapter. The Department shall first send a written warning to the Producer as well
as a copy of this Chapter and any regulations adopted pursuant to this Chapter. The
Producer shall have 30 days after receipt of the warning to comply and correct any
violations.
C. If the Producer fails to comply and correct any violations, the Department
may impose administrative fines for violations of this Chapter or of any regulations
adopted pursuant to this Chapter. Each day shall constitute a separate violation for
these purposes.
D. Any Person in violation of this Chapter or any regulation adopted pursuant
to this Chapter shall be liable to the County of Alameda for a civil penalty in an amount
not to exceed one thousand dollars ($1,000) per day per violation. Each day in which
the violation continues shall constitute a separate and distinct violation.
E. In determining the appropriate penalties, the Department of Environmental
Health shall consider the extent of harm caused by the violation, the nature and
persistence of the violation, the frequency of past violations, any action taken to mitigate
the violation, and the financial burden to the violator.
F. Any Producer receiving an administrative citation under this Chapter or
any regulation adopted pursuant to this Chapter may appeal it within 21 calendar days
from the date the administrative citation was issued. The administrative citation is
deemed issued on the day it is sent by first class mail or personal service. The
administrative citation shall state the date of issuance. If the deadline falls on a
weekend or County of Alameda holiday, then the deadline shall be extended until the
next regular business day.
The request to appeal must:
1. Be in writing;
2. Be accompanied by a deposit of the total fine and any fees noted
on the administrative citation;
3. Specify the basis for the appeal in detail;
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4. Be postmarked within 21 days from the date the administrative
citation was issued; and _
5. Be sent to the address as set forth on the administrative citation.
G. The written request to appeal will be reviewed and, if found to be
complete, a date, time and place shall be set for a hearing before a hearing officer
designated by the Director of the Department of Environmental Health. Written notice of
the time and place for the hearing will be served by first class mail or personal service at
least 21 days prior to the date of the hearing to the Producer appealing the citation.
Service by first class mail, postage prepaid shall be effective on the date of mailing.
H. Failure of any Producer to file an appeal in accordance with the provisions
of this section shall constitute waiver of that Producer's rights to administrative
determination of the merits of the administrative citation and the amount of the fine and
any fees and shall constitute a failure by that Producer to exhaust administrative
remedies.
1. The Producer requesting the appeal may request the Director of the
Department of Environmental Health to recuse a hearing officer for reasons of actual
prejudice against the party's cause. The hearing officer shall conduct an orderly, fair
hearing and accept evidence as follows:
1. A valid administrative citation shall be prima facie evidence of the
violation;
2. Testimony shall be by declaration under penalty of perjury except to
the extent the hearing officer permits or requires live testimony
concerning the violation.
3. The hearing officer may reduce, waive or conditionally reduce the
fines and any fees stated in the administrative citation. The hearing
officer may impose deadlines or a schedule for payment of the fine
and any fees due in excess of the deposit.
4. The hearing officer shall make findings based on the record of the
hearing and make a written decision based on the findings
("Hearing Officer Decision"). The Hearing Officer Decision shall be
served by first class mail on the Producer appealing and the
Department. The Hearing Officer Decision affirming or dismissing
the administrative citation is final, unless a timely notice of appeal is
filed for hearing by the Board of Supervisors of the County of
Alameda.
J. A second appeal may be filed with the Board of Supervisors within ten
calendar days after the date of service of the Hearing Officer Decision.
13
1. The appeal may be taken by any Producer or the Department within
said ten-day period, by filing with the clerk of the Board of Supervisors
a notice of appeal specifying the grounds for such appeal. The \Board
of Supervisors shall not hear any appeal that is untimely filed.
2. Upon receiving an appeal, the Clerk of the Board of Supervisors shall
indicate upon every notice of appeal received the date upon which it
was filed. The Department shall immediately arrange for an
administrative record to be made available to the Board of
Supervisors of all of the documents constituting the record upon which
the action appealed was taken.
3. The Board of Supervisors shall give written notice of the time and
place for a public hearing on any appeal filed pursuant to this section
to the appellant and the Department.
4. The Board of Supervisors may hear additional evidence in its sole
discretion and may sustain, modify or overrule any order brought
before it on appeal.
5. The Board of Supervisors may make such findings and decisions as
are consistent with state law and the County of Alameda Ordinances.
If no motion relative to the Hearing Officer Decision appealed attains a
majority vote of the Board of Supervisors within thirty (30) days from
the date of the hearing by said board thereon, the Hearing Officer
Decision shall stand sustained and be final.
K. The Department of Environmental Health may establish appropriate
administrative rules for implementing this Chapter, conducting hearings, and rendering
decisions pursuant to this section.
L. Upon the failure of any Producer to comply with any requirement of this
Chapter and any rule or regulation adopted pursuant to this Chapter, the Alameda
County Counsel's Office may petition any court having jurisdiction for injunctive relief,
payment of civil penalties and any other appropriate remedy, including restraining such
Person from continuing any prohibited activity and compelling compliance with lawful
requirements. However, this subsection does not permit the County of Alameda or any
court of competent jurisdiction to restrain the sale of any Covered Drug in Alameda
County.
M. Any Person who knowingly and willfully violates the requirements of this
Chapter or any rule or regulation adopted pursuant to this Chapter is guilty of a
misdemeanor and may be prosecuted by the Alameda County District Attorney's Office.
A conviction for a misdemeanor violation under this Chapter is punishable by a fine of
not less than fifty dollars ($50) and not more than five hundred ($500) for each day per
14
violation, or by imprisonment in the Alameda County Jail for a period not to exceed six
(6) months, or by both such fine and imprisonment.
6.53.120 - Additional provisions.
A. Disclaimer. In adopting and implementing this Chapter, the County of
Alameda is assuming an undertaking only to promote the general welfare. Alameda
County is not assuming or imposing on its officers and employees an obligation by
which they could be liable in money damages to any Person or Entity who claims that a
breach proximately caused injury.
B. Conflict with State or Federal Law. This Chapter shall be construed so as
not to conflict with applicable federal or state laws, rules or regulations. Nothing in this
Chapter shall authorize any Alameda County agency or department to impose any
duties or obligations in conflict with limitations on municipal authority established by
state or federal law at the time such agency or department action is taken. Alameda
County shall suspend enforcement of this Ordinance to the extent that said enforcement
would conflict with any preemptive state or federal legislation subsequently adopted.
C. Severability. If any of the provisions of this Chapter or the application
thereof to any Person or circumstance is held invalid, the remainder of those provisions,
including the application of such part or provisions to Persons or circumstances other
than those to which it is held invalid shall not be affected thereby and shall continue in
full force and effect. To this end, the provisions of this Chapter are severable.
D. Environmental Findings. The County of Alameda has determined that
the actions contemplated in this Ordinance are in compliance with the California
Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.).
E. Nothing in this Ordinance, or the Program of stewardship in which
manufacturers of pharmaceutical products who sell Prescription Drugs in Alameda
County are required to participate, is intended to protect anticompetitive or collusive
conduct nor shall this Ordinance be construed to modify, impair, or supersede the
operation of any of the antitrust laws or unfair competition laws of the State of California
or of the United States.
F. This Ordinance shall be construed in accordance with California state law,
including but not limited to the Medical Waste Management Act set forth at California
Health and Safety Code sections 117600, et seq., and shall not be construed in a way
that would result in conflict with, or preemption by, any such state law.
G. This Ordinance is entitled to a categorical exemption of the California
Environmental Quality Act ("CEQA") pursuant to 14 California Code of Regulations
section 15307, which exempts "actions taken by regulatory agencies, as authorized by
state or local ordinance, to assure the maintenance, restoration, enhancement, or
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1 achievement of the service convenience goal, policies and procedures for handling Unwanted Covered
2 Drugs, or education and promotion methods or disposal facilities, must be approved in writing by the
3 Director before the changes are implemented.
4 (b) A Producer or group of Producers participating in a Stewardship Plan shall submit to the
5 Director any proposed change to a Stewardship Plan as described under subsection (a) of this
6 Section 2212 in writing at least 30 days before the change is scheduled to occur and accompanied by
7 the review fee in accordance with Section 2215 of this Division I.
8 (c) The plan operator of an approved Stewardship Plan shall notify the Director at least
9 15 days before implementing anv changes to drop-off site locations, methods for scheduling and
10 locating periodic collection events, or methods for distributing prepaid, preaddressed mailers, that do
11 not substantively alter achievement of the service convenience goal under Section 2205(c) of this
12 Division 1 or other changes that do not substantively alter plan operations under subsection (a) of this
13 Section 2212.
14 (d) The plan operator may request an advance determination from the Director whether a
15 i proposed change would be deemed to substantively alter plan operations.
16
17 SEC. 2213. STEWARDSHIP PLANS — ENFORCEMENT AND PENALTIES.
18 (a) The Director shall administer the penalty provisions of this Division I.
19 (b) If the Director determines that anv Person has violated this Division I or a regulation
20 adopted pursuant to this Division I, the Director shall send a written warning. as well as a copy of this
21 Division I and anv regulations adopted pursuant to this Division I, to the Person or Persons who
22 violated it. The Person or Persons shall have 30 days after receipt of the warning to come into
23 compliance and correct all violations.
24 (c) If the Person or Persons fail to come into compliance or correct all violations, the Director
25 may impose administrative fines for violations of this Division I or of any regulation adopted pursuant
Supervisor Breed; Mar, Yee, Kim, Avalos, Campos
BOARD OF SUPERVISORS Page 21
1 to this Division I. San Francisco Administrative Code Chanter 100. "Procedures Governing the
2 Imposition of Administrative Fines," as amended, is hereby incorporated in its entirety and shall
3 govern the imposition. enforcement, collection, and review of administrative citations issued to enforce
4 this Division I or anv rule or regulation adopted pursuant to this Division I. Each day shall constitute
5 a separate violation for these purposes.
6 (d) The City Attorney, a Producer, or anv organization with tax exempt status under 26 United
7 States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the environment in
8 the San Francisco Bay Area may bring a civil action to enioin violations of or compel compliance with
9 anv requirement of this Division I or anv rule or regulation adopted pursuant to this Division I, as well
10 as for payment of civil penalties and anv other appropriate remedy. The court shall award reasonable
11 attorney's fees and costs to the City Attorney, Producer, or a nonprofit organization that is the
12 prevailing party in a civil action brought under this subsection (d). A Producer or nonprofit
13 organization may institute a civil action under this subsection (d) only if
14 (1) The Producer or nonprofit organization has filed a Complaint with the
15 Director;
16 (2) 90 days have passed since the filing of the Complaint;
17 (3) After such 90 -day period has passed, the Producer or nonprofit organization
18 provides 30 -dap written notice to the Director and the City Attorney's Office of its intent to initiate civil
19 proceedings: and
20 (4) The City Attorney's Office has not provided notice to the Producer or
21 nonprofit organization of the City's intent to initiate civil proceedings by the end of the 30 -dap period.
22 (e) Any Person who knowingly and willfully violates the requirements of this Division I or anv
23 rule or regulation adopted pursuant to this Division I is guilty of a misdemeanor and upon conviction
24 thereof is punishable by afine of not less than fifty dollars ($50) and not more than five hundred ($500)
25
Supervisor Breed; Mar, Yee, Kim, Avalos, Campos
BOARD OF SUPERVISORS Page 22
1 for each day per violation, or by imprisonment in the County Jail for a period not to exceed six months,
2 or by both such fine and imprisonment.
3 (f) Any Person in violation of this Division I or any rule or regulation adopted pursuant to this
4 Division I shall be liable to the City for a civil penalty in an amount not to exceed one thousand dollars
5 ($1, 000) per day per violation. Each day in which the violation continues shall constitute a separate
6 violation. Civil penalties shall not be assessed pursuant to this subsection (D for the same violations for
7 which the Director assessed an administrative penalty pursuant to subsection (c) of this Section 2213.
8 (g) In determining the appropriate penalties, the court or the Director shall consider the extent
9 of harm caused by the violation, the nature and persistence of the violation, the frequency of past
10 violations, any action taken to mitigate the violation, and the financial burden to the violator.
11 (h) No criminal, civil or administrative action under this Section 2213 may be brought more
12 than four years after the date of the alleged violation.
13
14 SEC. 2214. STEWARDSHIP PLANS — RULES, PERFORMANCE STANDARDS. AND REPORT.
15 (a) The Director, following public notice and a hearing, may adopt rules necessary to
16 implement, administer, and enforce this Division I.
17 (b) The Director may work with the Stewardship Plan operator to define goals for collection
18 amounts, education, and promotion for a Stewardship Plan.
19 (c) The Director shall report biennially to the Board of Supervisors concerning the status of all
20 Stewardship Plans and recommendations for changes to this Division 1 The biennial report may also
21 include a summary of available data on indicators and trends of abuse, poisonings and overdoses from
22 prescription and nonprescription drugs and a review of comprehensive prevention strategies to reduce
23 risks of drug abuse, overdoses, and preventable poisonings. The first report shall be due two years
24 from the effective date of this Division I.
25
Supervisor Breed; Mar, Yee, Kim, Avalos, Campos
BOARD OF SUPERVISORS Page 23
(b) A Producer or group of Producers or Stewardship Organization participating in an
approved Stewardship Plan shall submit proposed changes to an approved
Stewardship Plan within six months upon notice from the Director of a change to
the population of a Supervisorial District as described in Section 4.116.050(b)(1).
(c) A Producer or group of Producers or Stewardship Organization participating in a
Stewardship Plan shall submit to the Director any proposed change to a
Stewardship Plan as described under subsection (a) of this Section 4.116.120 in
writing at least 30 days before the change is scheduled to occur and
accompanied by the review fee in accordance with Section 4.116.150 of this
Chapter.
(d) A Producer or group of Producers or Stewardship Organization participating in an
approved Stewardship Plan shall notify the Director at least 15 days before
implementing any changes to drop-off site locations, methods for scheduling and
locating periodic collection events, or methods for distributing prepaid,
preaddressed mailers, that do not substantively alter achievement of the service
convenience goal under Section 4.116.050(b)(1) of this Chapter, or other
changes that do not substantively alter plan operations under subsection (a) of
this Section 4.116.120.
(e) A Producer or group of Producers or Stewardship Organization may request an
advance determination from the Director whether a proposed change would be
deemed to substantively alter plan operations.
4.116.130 — Stewardship Plans — Enforcement and Penalties.
(a) The Director shall administer the penalty provisions of this Chapter.
(b) If the Director makes findings and determines that any Person has violated this
Chapter or a regulation adopted pursuant to this Chapter, the Director shall send
a written warning, as well as a copy of this Chapter and any regulations adopted
pursuant to this Chapter, to the Person or Persons who violated it. The Person or
Persons shall have 30 days after receipt of the warning to come into compliance
and correct all violations.
(c) If the Person or Persons fail to come into compliance or correct all violations, the
Director may impose administrative fines for violations of this Chapter or of any
regulation adopted pursuant to this Chapter.
(1) Upon findings made under subsection (b), the Person or Persons shall be
subject to an administrative fine as follows:
(A)A fine not exceeding one hundred dollars ($100.00) for a first violation;
(B) A fine not exceeding two hundred dollars ($200.00) for a second violation;
(C)A fine not exceeding five hundred dollars ($500) for the third violation and
each subsequent violation.
(2) Each day a violation continues constitutes a separate violation.
(3) Fine Procedures. Notice of the fine shall be served on the Person or Persons.
The notice shall contain an advisement of the right to request a hearing
before the Director of the Environmental Health Division or his or her
designee contesting the imposition of the fine. Said hearing must be
requested within ten days of the date appearing on the notice of the fine. The
decision of the Director of the Environmental Health Division shall be based
upon a finding that the above listed ground for a contest has been met and
shall be a final administrative order, with no administrative right of appeal.
(4) Failure to Pay Fine. If said fine is not paid within 30 days from the date
appearing on the notice of the fine or of the notice of determination of the
Director of the Environmental Health Division or his or her designee after the
hearing, the Director may use any lawful means for collecting the fine,
including instituting an action in any court of proper jurisdiction.
(d) The County, a Producer, group of Producers, a Stewardship Organization, a
group of Stewardship Organizations, any organization with tax exempt status
under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary
mission of protecting the environment in the San Francisco Bay Area, or a
combination thereof may bring a civil action to enjoin violations of or compel
compliance with any requirement of this Chapter or any rule or regulation
adopted pursuant to this Chapter, as well as for payment of civil penalties and
any other appropriate remedy. The court shall award reasonable attorney's fees
and costs to the County, Producer, group of Producers, Stewardship
Organization, group of Stewardship Organizations, organization with tax exempt
status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a
primary mission of protecting the environment in the San Francisco Bay Area, or
a combination thereof that is the prevailing party in a civil action brought under
this subsection (d). A Producer, group of Producers, Stewardship Organization,
group of Stewardship Organizations, organization with tax exempt status under
26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission
of protecting the environment in the San Francisco Bay Area, or a combination
thereof may institute a civil action under this subsection (d) only if:
(1) The Producer, group of Producers, Stewardship Organization, group of
Stewardship Organizations, organization with tax exempt status under 26
United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission
of protecting the environment in the San Francisco Bay Area, or a
combination thereof has filed a Complaint with the Director;
(2) 90 days have passed since the filing of the Complaint;
(3) After such 90 -day period has passed, the Producer, group of Producers,
Stewardship Organization, group of Stewardship Organizations, organization
with tax exempt status under 26 United States Code Section 501(c)(3) or
501(c)(4) and with a primary mission of protecting the environment in the San
Francisco Bay Area, or a combination thereof provides 30 -day written notice
to the Director and the County Counsel's Office of its intent to initiate civil
proceedings; and
(4) The County has not provided notice to the Producer, group of Producers,
Stewardship Organization, group of Stewardship Organizations, organization
with tax exempt status under 26 United States Code Section 501(c)(3) or
501(c)(4) and with a primary mission of protecting the environment in the San
Francisco Bay Area, or a combination thereof of the County's intent to initiate
civil proceedings by the end of the 30 -day period.
(e) Any Person who knowingly and willfully violates the requirements of this Chapter
or any rule or regulation adopted pursuant to this Chapter is guilty of a
misdemeanor and upon conviction thereof is punishable by a fine of not less than
fifty dollars ($50) and not more than five hundred ($500) for each day per
violation, or by imprisonment in the County Jail for a period not to exceed six
months, or by both such fine and imprisonment.
(f) Any Person in violation of this Chapter or any rule or regulation adopted pursuant
to this Chapter shall be liable to the County for a civil penalty in an amount not to
exceed one thousand dollars ($1,000) per day per violation. Each day in which
the violation continues shall constitute a separate violation. Civil penalties shall
not be assessed pursuant to this subsection (f) for the same violations for which
the Director assessed an administrative penalty pursuant to subsection (c) of this
Section 4.116.130.
(g) In determining the appropriate penalties, the court or the Director shall consider
the extent of harm caused by the violation, the nature and persistence of the
violation, the frequency of past violations, any action taken to mitigate the
violation, and the financial burden to the violator.
(h) No criminal, civil or administrative action under this Section 4.116.130 may be
brought more than four years after the date of the alleged violation.
4.116.140 — Stewardship Plans — Rules, Performance Standards, and Report.
(a) The Director, following public notice and a hearing, may adopt rules necessary to
implement, administer, and enforce this Chapter.
(b) The Director may work with the Stewardship Plan operator to define goals for
collection amounts, education, and promotion for a Stewardship Plan.
(c) The Director shall report as requested to the Board of Supervisors concerning
the status of all Stewardship Plans and recommendations for changes to this
Chapter. The report may also include a summary of available data on indicators
and trends of abuse, poisonings and overdoses from prescription and
nonprescription drugs and a review of comprehensive prevention strategies to
(5) Operation of periodic collection events, including costs of law enforcement staff time
if necessary;
(6) Transportation of all collected Covered Drugs to final disposal, including costs of law
enforcement escort if necessary;
(7) Environmentally sound disposal of all collected Covered Drugs under Section B11-
546
11-
546 of this Chapter;
(8) Program promotion under Section B 11-547 of this Chapter; and
(9) Costs related to any review of a Product Stewardship Plan for purposes of obtaining
compliance with the California Environmental Quality Act (Cal. Pub. Res. Code §§
21000 et seq.).
(b) No Person or Producer may charge a point-of-sale fee to consumers to recoup the costs of
a Stewardship Plan, nor may they charge a specific point -of -collection fee at the time the
Covered Drugs are collected.
(c) Producers are not required to pay for costs of staff time at drop-off sites provided by
Collectors volunteering to participate in a Stewardship Plan.
Sec. B11-550. Stewardship Plans -- Plan Review and Annual Operation Fees.
The Board of Supervisors authorizes the Director to charge Producers or a group of Producers
participating in a Stewardship Plan fees to cover all costs the County of Santa Clara incurs in
administering and enforcing this Chapter. Fees shall not exceed actual costs to the County of
Santa Clara.
Sec. B11-551. Stewardship Plans -- Enforcement and Penalties.
(a) The Director shall administer the enforcement provisions of this Chapter.
(b) If the Director determines that any Person has violated this Chapter or a regulation
adopted pursuant to this Chapter, the Director shall send a written warning, as well as a
copy of this Chapter and any regulations adopted pursuant to this Chapter, to the Person
or Persons who violated it. The Person or Persons shall have 30 days after receipt of the
warning to come into compliance and correct all violations.
(c) If the Person or Persons fail to come into compliance or correct all violations, the
Director may impose administrative fines for violations of this Chapter or of any
regulation adopted pursuant to this Chapter. Santa Clara County Ordinance Code
Division A37, "Administrative Fines/Penalties," is hereby incorporated in its entirety and
shall govern the imposition, enforcement, collection, and review of administrative fines
issued to enforce this Chapter or any regulation adopted pursuant to this Chapter. Each
day of non-compliance shall constitute a separate violation for these purposes.
(d) Any knowing and willful violation of the requirements of this Chapter or of any
regulation adopted pursuant to this Chapter is a misdemeanor, and punishable by a fine of
five hundred dollars ($500) for each day per violation, or by imprisonment in the County
Jail for a period not to exceed six months, or by both such fine and imprisonment.
(e) Any Person in violation of this Chapter or any regulation adopted pursuant to this
Chapter shall be liable to the County for a civil penalty in an amount not to exceed one
Ordinance NS- 517.89 re
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Page 13 of 16 rev 05/11/15
thousand dollars ($1,000) per day per violation. Each day in which the violation
continues shall constitute a separate violation.
(f) In determining the appropriate penalties, the court or the Director shall consider the
extent of harm caused by the violation, the nature and persistence of the violation, the
frequency of past violations, any action taken to mitigate the violation, and the financial
burden to the violator.
(g) The County Counsel, a Producer, a group of Producers, a Stewardship Organization, a
group of Stewardship Organizations or any organization with tax exempt status under 26
United States Code Section 501(c)(3) or 501(c)(4) may bring a civil action to enjoin
violations of or compel compliance with any requirement of this Chapter or any rule or
regulation adopted pursuant to this Chapter, as well as for payment of civil penalties and
any other appropriate remedy. The court shall award reasonable attorney's fees and costs
to the County Counsel, Producer, group of Producers, a Stewardship Organization, a
group of Stewardship Organizations or nonprofit organization that brings a civil action to
enforce this Chapter under this subsection (g) and is the prevailing party in that action. A
Producer, group of Producers, Stewardship Organization, group of Stewardship
Organizations, or nonprofit organization may institute a civil action under this subsection
(g) only if:
(1) It has filed a Complaint with the Director;
(2) 90 days have passed since the filing of the Complaint;
(3) After such 90 -day period has passed, the Producer, group of Producers, Stewardship
Organization, group of Stewardship Organizations, or nonprofit organization provides
30 -day written notice to the Director and the County Counsel's Office of its intent to
initiate civil proceedings; and
(4) The County Counsel's Office has not provided notice to the Producer, group of
Producers, Stewardship Organization, group of Stewardship Organizations, or
nonprofit organization of the County's intent to initiate civil proceedings by the end
of the 30 -day period. If the County Counsel's Office provides such notice, the
Producer, group of Producers, Stewardship Organization, group of Stewardship
Organizations, or nonprofit organization cannot bring suit under subsection (g)
without the express written consent of the County Counsel's Office.
(h) No criminal, civil or administrative action under this Section B11-551 may be brought
more than four years after the date of the alleged violation.
Sec. B11-552. Stewardship Plans — Regulations, Performance Standards, and Report to
Board.
(a) The Director may adopt regulations necessary to implement, administer, and enforce this
Chapter.
(b) The Director may work with a Stewardship Plan Operator to define goals for collection
amounts, education, and promotion for a Stewardship Plan.
(c) The Director shall report as requested to the Board of Supervisors concerning the status
of all Stewardship Plans and recommendations for changes to this Chapter.
Ordinance NS- 517.89 re
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Page 14 of 16 rev 05/11/15
E. The Board of Supervisors authorizes the Director to set fees pursuant to this Chapter by
regulation to recover but not exceed actual costs to the County at a rate duly approved by
the Board of Supervisors.
7.90.140 — Stewardship Plans - Enforcement and Penalties.
A. The Director shall administer the enforcement and penalty provisions of this Chapter.
B. If the Director makes findings and determines that any Person has violated this Chapter or
a regulation adopted pursuant to this Chapter, the Director shall send a written warning, as
well as a copy of this Chapter and any regulations adopted pursuant to this Chapter, to the
Person or Persons who violated it. The Person or Persons shall have 30 calendar days
after receipt of the warning to come into compliance and correct all violations.
C. If the Person or Persons fail to come into compliance or correct all violations, the Director
may impose administrative fines for violations of this Chapter or of any regulation adopted
pursuant to this Chapter. Upon findings made under subsection (B), the Person or Persons
shall be subject to an administrative fine set forth in the regulations adopted pursuant to this
Chapter. Each day a violation continues constitutes a separate violation.
1. Fine Procedures. Notice of the fine shall be served on the Person or Persons. The
notice shall contain an advisement of the right to request a hearing before the
Director or his or her designee contesting the imposition of the fine. Said hearing
must be requested within 10 calendar days of the date appearing on the notice of
the fine. The decision of the Director shall be based upon a finding that the above -
listed ground for a contest has been met and shall be a final administrative order,
with no administrative right of appeal.
2. Failure to Pay Fine. If said fine is not paid within 30 calendar days from the date
appearing on the notice of the fine or of the notice of determination of the Director
after the hearing, the Director may use any lawful means for collecting the fine,
including instituting an action in any court of proper jurisdiction.
D. The County, a Producer, group of Producers, a Stewardship Organization, a group of
Stewardship Organizations, any organization with tax exempt status under 26 United
States Code section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the
environment in the San Francisco Bay Area, or a combination thereof may bring a civil
action to enjoin violations of or compel compliance with any requirement of this Chapter or
any rule or regulation adopted pursuant to this Chapter, as well as for payment of civil
penalties and any other appropriate remedy. The court shall award reasonable attorney's
fees and costs to the County, Producer, group of Producers, Stewardship Organization,
group of Stewardship Organizations, organization with tax exempt status under 26 United
States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the
environment in the San Francisco Bay Area, or a combination thereof that is the prevailing
party in a civil action brought under this subsection (D). A Producer, group of Producers,
Stewardship Organization, group of Stewardship Organizations, organization with tax
exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a
primary mission of protecting the environment in the San Francisco Bay Area, or a
combination thereof may institute a civil action under this subsection (D) only if:
1. The Producer, group of Producers, Stewardship Organization, group of
Stewardship Organizations, organization with tax exempt status under 26 United
States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting
the environment in the San Francisco Bay Area, or a combination thereof has filed
a Complaint with the Director;
2. 90 calendar days have passed since the filing of the Complaint;
Ordinance No.
Page 12 of 14
3. After such 90 calendar day period has passed, the Producer, group of Producers,
Stewardship Organization, group of Stewardship Organizations, organization with
tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and
with a primary mission of protecting the environment in the San Francisco Bay
Area, or a combination thereof provides 30 calendar day written notice to the
Director and the County of its intent to initiate civil proceedings; and
4. The County has not provided notice to the Producer, group of Producers,
Stewardship Organization, group of Stewardship Organizations, organization with
tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and
with a primary mission of protecting the environment in the San Francisco Bay
Area, or a combination thereof of the County's intent to initiate civil proceedings by
the end of the 30 calendar day period.
E. Any Person who knowingly and willfully violates the requirements of this Chapter or any
rule or regulation adopted pursuant to this Chapter is guilty of a misdemeanor and upon
conviction thereof is punishable by a fine of not less than fifty dollars ($50) and not more
than five hundred ($500) for each day per violation, or by imprisonment in the County Jail
for a period not to exceed six months, or by both such fine and imprisonment.
F. Any Person in violation of this Chapter or any rule or regulation adopted pursuant to this
Chapter shall be liable to the County for a civil penalty in an amount not to exceed one
thousand dollars ($1000) per day per violation. Each day in which the violation continues
shall constitute a separate violation.
G. In determining the appropriate penalties, the court or the Director shall consider the extent
of harm caused by the violation, the nature and persistence of the violation, the frequency
of past violations, any action taken to mitigate the violation, and the financial burden to the
violator.
H. No criminal, civil or administrative action under this Section 7.90.140 may be brought more
than four years after the date of the alleged violation.
7.90.150 — Stewardship Plan — Regulations, Performance Standards, and Report to Board.
A. The Director may adopt regulations necessary to implement, administer, and enforce
this Chapter.
B. The Director may work with a Stewardship Plan Operator to define goals for collection
amounts, education, and promotion for a Stewardship Plan.
C. The Director shall report as requested to the Board of Supervisors concerning the status
of all Stewardship Plans and recommendations for changes to this Chapter.
7.90.160 — General Provisions.
A. Undertaking for the General Welfare. In adopting and implementing this Chapter, the
County is assuming an undertaking only to promote the general welfare. It is not
assuming, nor is it imposing, on its officers or employees an obligation by which they
could be liable in money damages to any Person or entity who claims that a breach
proximately caused injury.
B. No Conflict with State or Federal Law. This Chapter shall be construed so as not to
conflict with applicable federal or State laws, rules or regulations. Nothing in this Chapter
shall authorize any County agency or department to impose any duties or obligations in
conflict with limitations on authority established by State or federal law at the time such
agency or department action is taken. The County shall suspend enforcement of this
Chapter to the extent that said enforcement would conflict with any preemptive State or
Ordinance No,
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The Department shall provide on its website a list of all Producers participating in Product
Stewardship Programs approved by the Department and a list of all Producers the Department
has identified as noncompliant with this chapter or any regulations adopted pursuant to this
chapter.
7.95.100 - Regulations and fees.
A. The Director of the Department of Public Works may, after a noticed Public Hearing, adopt
such rules and regulations as necessary to implement, administer, and enforce this chapter.
B. As soon as practicable, the Department shall submit to the Board of Supervisors a proposed
schedule of fees to be charged to Producers to cover Santa Cruz County's costs of
administering and enforcing this chapter.
7.95.110 - Enforcement.
A. The Department shall administer the penalty provisions of this chapter.
B. The Department may issue an administrative citation to a Producer, Plan Operator or Product
Stewardship Organization for violation of this chapter or any regulation adopted pursuant to
this chapter. The Department shall first send a written warning to the Producer, Plan
Operator or Product Stewardship Organization as well as a copy of this chapter and any
regulations adopted pursuant to this chapter. The Producer, Plan Operator or Product
Stewardship Organization shall have thirty (30) days after receipt of the warning to comply
and correct any violations.
C. If the Producer, Plan Operator or Product Stewardship Organization fails to comply and
correct any violations, the Department may impose administrative fines for violations of this
chapter or of any regulations adopted pursuant to this chapter. Each day shall constitute a
separate violation for these purposes.
D. Any Person in violation of this chapter or any regulation adopted pursuant to this chapter shall
be liable to the County of Santa Cruz for a civil penalty in an amount not to exceed one
thousand dollars ($1,000.00) per day per violation. Each day in which the violation
continues shall constitute a separate and distinct violation.
E. In determining the appropriate penalties, the Department shall consider the extent of harm
caused by the violation, the nature and persistence of the violation, the frequency of past
violations, any action taken to mitigate the violation, and the financial burden to the violator.
F. Any Producer, Plan Operator or Product Stewardship Organization receiving an administrative
citation under this chapter or any regulation adopted pursuant to this chapter may appeal it
within twenty-one (21) calendar days from the date the administrative citation was issued.
The administrative citation is deemed issued on the day it is sent by first class mail or
personal service. The administrative citation shall state the date of issuance. If the deadline
falls on a weekend or County holiday, then the deadline shall be extended until the next
regular business day. The request to appeal must:
1. Be in writing;
2. Be accompanied by a deposit of the total fine and any fees noted on the administrative
citation;
3. Specify the basis for the appeal in detail;
4. Be postmarked within twenty-one (21) days from the date the administrative citation was
issued; and
5. Be sent to the address as set forth on the administrative citation.
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G. The written request to appeal will be reviewed and, if found to be complete, a date, time and
place shall be set for a hearing before a hearing officer designated by the Director of the
Department. Written notice of the time and place for the hearing will be served by first class
mail or personal service at least twenty-one (21) days prior to the date of the hearing to the
Producer, Plan Operator or Product Stewardship Organization appealing the citation. Service
by first class mail, postage prepaid shall be effective on the date of mailing.
H. Failure of any Producer, Plan Operator or Product Stewardship Organization to file an appeal
in accordance with the provisions of this section shall constitute waiver of that Producer's,
Plan Operator's or Product Stewardship Organization's rights to administrative
determination of the merits of the administrative citation and the amount of the fine and any
fees and shall constitute a failure by that Producer to exhaust administrative remedies.
I. The Producer, Plan Operator or Product Stewardship Organization requesting the appeal may
request the Director of the Department to recuse a hearing officer for reasons of actual
prejudice against the party's cause. The hearing officer shall conduct an orderly, fair hearing
and accept evidence as follows:
1. A valid administrative citation shall be prima facie evidence of the violation;
2. Testimony shall be by declaration under penalty of perjury except to the extent the
hearing officer permits or requires live testimony concerning the violation.
3. The hearing officer may reduce, waive or conditionally reduce the fines and any fees
stated in the administrative citation. The hearing officer may impose deadlines or a
schedule for payment of the fine and any fees due in excess of the deposit.
4. The hearing officer shall make findings based on the record of the hearing and make a
written decision based on the findings ("Hearing Officer Decision"). The Hearing
Officer Decision shall be served by first class mail on the Producer appealing and the
Department. The Hearing Officer Decision affirming or dismissing the administrative
citation is final.
J. The Department may establish appropriate administrative rules for implementing this chapter,
conducting hearings, and rendering decisions pursuant to this section.
K. Upon the failure of any Producer to comply with any requirement of this chapter and any rule
or regulation adopted pursuant to this chapter, the Santa Cruz County Counsel's office may
petition any court having jurisdiction for injunctive relief, payment of civil penalties and any
other appropriate remedy, including restraining such Person or Entity from continuing any
prohibited activity and compelling compliance with lawful requirements. However, this
subsection does not permit the County of Santa Cruz or any court of competent jurisdiction
to restrain the sale of any Covered Drug in Santa Cruz County.
L. Any Person who knowingly and willfully violates the requirements of this chapter or any rule
or regulation adopted pursuant to this chapter is guilty of a misdemeanor and may be
prosecuted by the Santa Cruz County. District Attorney's Office. A conviction for a
misdemeanor violation under this chapter is punishable by a fine of not less than fifty dollars
($50.00) and not more than five hundred ($500.00) for each day per violation, or by
imprisonment for a period not to exceed six months, or by both such fine and imprisonment.
7.95.120 - Additional provisions.
A. Disclaimer. In adopting and implementing this chapter, the County of Santa Cruz is assuming
an undertaking only to promote the general welfare. Santa Cruz County is not assuming or
imposing on its officers and employees an obligation by which they could be liable in money