The objectives of this chapter are:
(a) 
To regulate Mobile Commercial Washing activities to prevent wastewater containing any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other cleaning substance, or any oils, grime, grit, dirt, heavy metals, substances resulting from the cleaning or other pollutants from being discharged into the City's storm drain system or otherwise on City property or in a manner which would cause damage to property or the environment.
(b) 
To maintain compliance with applicable stormwater program regulations and to avoid potential fines against the City from regulatory bodies.
(c) 
To establish procedures to carry out the permitting, inspection, and monitoring necessary to ensure compliance with this Chapter.
(Ord. 2022-04, eff. 7/7/22; Ord. 2021-02 § 1, eff. 5/6/21)
As used in this Section, the following terms shall have the meanings set forth below, unless the context clearly requires otherwise:
"Applicant"
means the applicant for a Permit under this Chapter.
"Charity Event Permit"
means a permit for a one-time, charitable Mobile Commercial Washing event. Charity Event Permits are limited to a specific day, period, and location. Charity Event Permits are subject to all the requirements of this Chapter. A single Charity Event Permit covers all individuals participating in the event. Where a Charity Event Permit is for Waterless Mobile Commercial Washing only, a Demonstration is not required.
"Demonstration"
means the scheduled test after receipt of initial application approval or upon submission of a renewal application. The Applicant will be required to demonstrate knowledge of the requirements of this Chapter, proper use of minimum required equipment, and their ability to comply with the Chapter requirements during the actual washing of a car, to be provided by Applicant. If multiple vehicles, trailers, or other minimum required equipment will be utilized pursuant to the Permit, all vehicles, trailers, or other minimum required equipment must be brought to the Demonstration for approval.
"Demonstration Fee"
means fee to be paid prior to the Demonstration. The Demonstration Fee is set by Resolution.
"Director"
means the Director of the Code Enforcement Division or their designee.
"Dirty Water"
means water used for purposes of Mobile Commercial Washing that contains any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other cleaning substance, or any oils, grime, grit, dirt, heavy metals, substances resulting from the cleaning or other pollutants.
"Holding Tank Waste Disposal Permit"
means the permit obtained pursuant to Title 8, Chapter 12, Article 8 of the Santa Maria Municipal Code, or a similar permit obtained from an approved disposal facility.
"Holding Tank Waste Disposal Permittee"
means a holder of a Holding Tank Waste Disposal Permit or holder of a similar permit from an approved disposal facility.
"Examiner"
means the individual designated by the Supervisor to conduct and score the Demonstration.
"Commercial Permit"
means a Permit for a business to conduct Mobile Commercial Washing pursuant to this Chapter. Commercial Permits are non-transferable. Individuals operating under a Commercial Permit are required to obtain a Business License in addition to the Commercial Permit.
"Mobile Commercial Washing"
means any activity conducted for compensation that involves the washing of automobiles, trucks, motorcycles, recreational vehicles, or any other vehicle. A Mobile Commercial Washing operation moves from one location to another, such as to serve customers at their residences or places of work and must not operate from a fixed location. Mobile Commercial Washing includes any temporary car wash event conducted by any person for the purpose of fundraising.
"Permit"
means a Commercial Permit, Waterless Permit, and/or Charity Event Permit, unless otherwise stated.
"Permittee"
means the holder of a Permit.
"Supervisor"
means the Code Enforcement Supervisor or their designee.
"Waterless Mobile Commercial Washing"
is a form of Mobile Commercial Washing that does not use water or other methods to rinse a vehicle. Waterless Mobile Commercial Washing is commonly referred to as a waterless wash, spray-on wash, or dry wash. In Waterless Mobile Commercial Washing, a specialized product is sprayed onto the vehicle and then removed by towel rather than rinsed. Waterless Mobile Commercial Washing does not contribute to stormwater regulatory issues because there is no water or other liquid removing contaminants from vehicles and into drainage gutters.
"Waterless Permit"
means a Commercial Permit or Charity Event Permit that is useable only for Waterless Mobile Commercial Washing.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
No person or business shall engage in conduct or carry on Mobile Commercial Washing in the City without first obtaining and maintaining a Permit issued pursuant to this Chapter.
(b) 
Employees of a licensed business operating under a Commercial Permit issued to their employer are not required to obtain a Permit or perform a Demonstration. Employees are responsible for compliance with this Chapter and may be individually cited as a violator. Employers are responsible for ensuring their employees' compliance with this Chapter and shall be cited as a responsible party for the violations of their employees or agents.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
Applications. Applications for Permits and Permit renewals shall be filed with the Supervisor and shall comply with the following requirements:
(1) 
Applications shall be accompanied by a fee in an amount established from time to time by resolution of the City Council.
(2) 
Applications shall be completed on a form designated by the Director, and shall be signed by the Applicant under penalty of perjury.
(b) 
Contents of Application Form and Renewal Application Form. Applications for Mobile Commercial Washing Permits and for the renewal for such Permits shall contain the following information:
(1) 
Name, address, telephone, and other contact information for the Applicant.
(2) 
Driver's License Information.
(3) 
Business license or charitable organization information.
(4) 
Number of employees, if any.
(5) 
Physical location for retention of required business records and mailing of notifications.
(6) 
Make, model, and description, including license numbers, of any vehicles or trailers that will be used to conduct Mobile Commercial Washing activities with the Permit, including proof of registration and insurance.
(7) 
Type of Permit sought.
(8) 
For Commercial Permits where any Mobile Commercial Washing activities will be performed by employees, proof of satisfaction of the registration requirements of Labor Code section 2050 et seq.
(9) 
For Charity Event Permits only:
a. 
Date of event.
b. 
Hours of event.
c. 
Location of event.
d. 
The number of individuals that will be engaging in Mobile Commercial Washing.
e. 
A letter of authority from the property owner of the location of the event.
(10) 
For Mobile Commercial Washing excluding Waterless Mobile Commercial Washing:
a. 
Proof of Required Equipment.
b. 
Proof of general liability insurance.
c. 
Water source information.
d. 
An application for a Holding Tank Waste Disposal Permit, an approved permit from an approved disposal facility, or, for Charity Event Permits, if applicable, a will-serve letter from a Holding Tank Waste Disposal Permittee acknowledging its intent to provide proper disposal of all Dirty Water generated during Mobile Commercial Washing at a disposal facility on behalf of the Charity Event Permittee for the date of the Charity Event Permit.
(11) 
A complete description of the Mobile Commercial Washing to be conducted in the City.
(12) 
Any other information that the Director reasonably requires to administer this Chapter with respect to the Applicant's activities in the City.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
Initial Approval or Denial. Once a completed application is filed, and the Applicant pays the prescribed application fee, the Supervisor shall review the application and either deny or conditionally approve the application.
(1) 
Denial.
a. 
If the application is denied, the Supervisor shall give notice of that decision to the Applicant and shall include a statement of the reasons for the denial. The grounds for denial shall be:
i. 
The Permit application contains a false or misleading statement of a material fact.
ii. 
The Permit application fails to demonstrate how the Applicant will comply with this Chapter.
iii. 
The application seeks approval for Mobile Commercial Washing in violation of applicable law or this Chapter.
b. 
Notice of the Supervisor's decision shall be mailed by certified or registered mail or personally delivered to the Applicant at the address shown on the application.
(2) 
Approval Conditioned on Successful Completion of a Demonstration.
a. 
If the application is initially approved by the Supervisor, the Applicant shall schedule a Demonstration wherein the Applicant must demonstrate its knowledge of the requirements of this Chapter and its ability to comply with this Chapter through the washing of a vehicle, to be provided by Applicant.
b. 
The Applicant shall pay the Demonstration Fee, which shall be set by Resolution, at least five business days prior to partaking in the Demonstration. Demonstrations can be rescheduled up to one time with at least two business days' notice before a new Demonstration Fee is required. Demonstrations canceled or rescheduled by Applicant within two business days of the scheduled Demonstration, or where the Applicant fails to appear shall not be entitled to a refund of the Demonstration Fee.
c. 
If the Applicant passes the Demonstration, a final permit will be issued. If the Applicant fails the Demonstration, the Applicant will be provided written notice via certified or registered mail of its deficiencies within 10 business days by the Examiner.
d. 
The determination of the Examiner regarding the passage of the Demonstration is not appealable.
e. 
If an Applicant fails to successfully complete a Demonstration, the Applicant may schedule additional attempts until the Applicant is able to pass the Demonstration, provided that each Demonstration shall require a new Demonstration Fee prior to partaking in additional Demonstrations.
f. 
Applications for Waterless Mobile Commercial Washing only (Waterless Permits) are exempt from the Demonstration requirement.
(3) 
For Commercial Permits where any Mobile Commercial Washing activities will be performed by employees, proof of satisfaction of the registration requirements of Labor Code section 2050 et seq. must be submitted prior to permit issuance.
(4) 
Holding Tank Waste Disposal Permit. Prior to issuance of a Permit, the Applicant shall secure a Holding Tank Waste Disposal Permit from the Department of Utilities or other disposal facility or, for Charity Event Permits, if applicable, an executed agreement with a Holding Tank Waste Disposal Permittee for purposes of ensuring proper disposal of all Dirty Water generated during Mobile Commercial Washing at a disposal facility.
(b) 
Changes in Information. During the application process, an Applicant shall notify the Supervisor of any change in facts or information presented in the application within five calendar days after such change.
(c) 
Issuance of Permit. A Mobile Commercial Washing Permit shall be effective on the date it is issued.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
Within 10 calendar days of the Supervisor's decision, the Applicant may appeal an adverse decision to the Director. The appeal shall be in writing, shall set forth the ground(s) for the appeal, and shall be accompanied by an appeal fee in an amount established from time to time by Resolution of the City Council.
(b) 
A hearing shall be held, and action is taken not less than 14 days nor more than 45 calendar days after the timely filing of a complete appeal unless the Applicant requests an extension. One extension shall be granted as a matter of right, but the Director shall have the discretion to grant or deny further extensions.
(c) 
The City shall give the Applicant at least 10 calendar days' notice of the hearing by mail at the address shown on the application.
(d) 
At the time set for the hearing, the Director shall hear the Applicant, who may present any facts to show why the Permit should be granted. The Director shall consider all relevant documents filed, and all relevant testimony given at the hearing.
(e) 
The Director shall adopt and issue a written decision approving or denying an application within 30 calendar days after the conclusion of the hearing. Any decision to deny a Permit application shall be based on the grounds set forth in Section 4-21.05.
(f) 
Notice of the Director's decision shall be final as to the City.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
Permits issued under this Chapter are nontransferable. Any attempt to do so shall invalidate the Permit, constitute a violation of this Chapter, and result in both the Permittee and the transferee losing eligibility to receive a Permit for a period of 12 months from the date of citation.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
A Commercial Permit shall be valid for one year from the date of its issuance, unless suspended or revoked. Charity Event Permits are valid only for the time, date, and location stated in the Charity Event Permit.
(b) 
A Permit must be renewed annually by the Permittee to prevent Permit expiration.
(c) 
The deadline to submit renewal applications is 45 calendar days prior to Permit expiration. Applications submitted within 45 calendar days of expiration will be treated as applications for a new permit.
(d) 
The Supervisor shall review a Permit renewal application in the manner prescribed in Section 4-21.05. If the Supervisor denies an application for renewal or revokes or suspends a Permit, the Permittee may appeal the Supervisor's decision to the Director pursuant to Section 4-21.06 of this Chapter.
(e) 
Renewal applications are not subject to the Demonstration requirements. Provided, however, that the Supervisor may require Demonstrations be completed with any renewal application where there are changes to the equipment being utilized, to this Chapter, or where the Permittee or an employee of Permittee was cited for a violation of this Chapter at any time in the previous two years.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
Waterless Permits:
There are no minimum equipment requirements for Waterless Permits.
(b) 
All other Permits must maintain the below minimum required equipment:
(1) 
Portable catch basin (or overlapping basins). The Portable catch basin must catch 95 percent of water, with 5 percent allowed for overspray.
(2) 
Sufficiently sized Dirty Water storage container.
(3) 
An active recovery system/vacuum system/pump system capable of operating continually during the vehicle wash process. The recovery system must be capable of collecting water from the portable catch basin and transferring it into the Dirty Water storage container without spillage.
(4) 
Equipment able to safely transfer a full Dirty Water storage container.
(5) 
All hoses must have auto shut-off nozzles.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
A Mobile Commercial Washing Permittee shall:
(1) 
Maintain Minimum Required Equipment.
(2) 
Always comply with the requirements of this Chapter.
(3) 
Provide updates to the Director within five business days of any changes in information that would affect the Permittee's Permit status or Mobile Commercial Washing.
(b) 
A Mobile Commercial Washing Permittee shall not:
(1) 
Operate at a fixed location, advertise that services are available at a specific location, or otherwise invite customers to come to a specific location to receive services provided by the business. Mobile Commercial Washing Permittees must go to the customer rather than have the customer come to them. A Permittee shall not set up shop at any particular location and accept customers at that location. The Mobile Commercial Washing must truly be mobile.
(2) 
Wash engines, undercarriages, or heavily soiled vehicles.
(3) 
Erect or place advertising of the business at any location the business may operate, except to the extent required to prominently display their Permit in accordance with this Chapter.
(4) 
Operate utilizing any vehicles, trailers or other minimum required equipment not listed in the Permit.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
During the wash, all water must be collected in the required portable catch basin. It must then be collected from the portable catch basin and stored in a Dirty Water storage container without spillage.
(b) 
During the entire term of the Permit, Permittees, except those engaging solely in Waterless Mobile Commercial Washing, must maintain a Holding Tank Waste Disposal Permit and dispose of Dirty Water generated through Mobile Commercial Washing Activities pursuant to that Holding Tank Waste Disposal Permit. Charity Event Permit holders not solely engaged in Waterless Mobile Commercial Washing may, in lieu of securing a Holding Tank Waste Disposal Permit, enter into an agreement with a Holding Tank Waste Disposal Permittee that ensures proper disposal of all Dirty Water generated during Mobile Commercial Washing at a disposal facility.
(c) 
Permittees must comply with Title 8, Chapters 8-12 and 8-12a of the Santa Maria Municipal Code at all times.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
Permittee, and any employees operating under the Permit, shall display the Permit in a prominent location during any Mobile Commercial Washing activity and shall present the Permit to any City agent upon demand.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
Permittees must keep records of the following:
a. 
Numbers of vehicles washed per day.
b. 
Locations of where vehicles are washed by Permittee.
c. 
Total volume (gallons) of Dirty Water discharges per day.
d. 
Receipts, invoices, and/or other forms of documentation of proper disposal of Dirty Water discharges at a disposal facility by Permittee or other authorized Holding Tank Waste Disposal Permittee.
(b) 
Permittees must submit records to the Department annually, within 30 calendar days after the expiration date of their Permit, whether or not said Permit is renewed.
(c) 
The Director may designate required forms of recordkeeping and required methods of submission of records.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
Mobile Commercial Washing is banned from all City streets, City easements, and City-owned properties.
(b) 
Mobile Commercial Washing may take place on private property with the permission of the owner or tenant. It is unlawful for a Permittee to provide services at any location without first having obtained the express written authorization of the owner or authorized tenant of the property. Written authorization is not required when the owner or tenant or the property is present while the vehicle is being washed.
(c) 
In the case of a residential building with more than four units (such as an apartment complex) or a commercial complex, the authorization must be provided by the property owner (or property management firm, in the case of property managed by such a firm).
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
(a) 
Any Permittee that is cited for three violations of this Chapter within the period of one year, on a rolling basis, shall have their Permit revoked upon written notice from the Supervisor.
(b) 
A Permittee that has their permit revoked (or any employee of a Permittee cited for three violations of this Chapter within the period of one year, on a rolling basis) is ineligible to receive a new Permit from the City for a period of one calendar year from the date of revocation.
(c) 
A revocation may be appealed to the Director in accordance with Section 4-21.06.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
Permittees, excepting Permittees with Permits solely for Waterless Mobile Commercial Washing, are required to maintain general liability insurance in the amount of $1,000,000.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
Permittee, as a condition of the Permit, shall and does hereby agree to indemnify, defend with counsel approved by City and hold harmless the City, its officers, employees, and agents from and against any and all loss, liability, penalty, fine, forfeiture, claim, demand, action, proceeding or suit, of any and every kind and description, whether judicial, quasijudicial, legislative or administrative in nature including, but not limited to, injury to and death of any person and damage to property or for contribution or indemnity claimed by third parties arising out of or occasioned in any way by, directly or indirectly by the negligence or willful misconduct of Permittee, its officers, agents and employees in performing services in the City of Santa Maria; and/or by the failure of Permittee, its officers, agents and employees to comply with the provisions of applicable laws, including the Santa Maria Municipal Code, and/or applicable Permits and licenses.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
The Director is authorized to enforce all provisions of this Chapter. The City's inspection authority pursuant to this Section shall include the authority to enter, sample, inspect, review and copy records required to be maintained under this Chapter. Authorized City staff may inspect Mobile Commercial Washing activities that take place in any public area and, upon an appropriate warrant, if required, may inspect such activities on private property.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
Any person violating any of the provisions of this Chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Title 1, Chapter 1-6 of this Code. Indiscretion of prosecuting agency, violations may be treated as infractions and prosecuted under any applicable provision in Title 1 of this Code.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)
It shall be unlawful and a public nuisance for Mobile Commercial Washing activities to be operated, conducted, or maintained contrary to the provisions of this Chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.
(Ord. 2021-02 § 1, eff. 5/6/21; Ord. 2022-04, eff. 7/7/22)