Chapter 11.78 INSPECTIONS AND RECORDS

11.78.010 Inspections by the director.

11.78.020 Right of entry.

11.78.030 Inspections by permittee.

11.78.040 Special inspections.

11.78.045 Demonstration to director.

11.78.050 Maintenance of records.

11.78.010 Inspections by the director.

The director may conduct inspections, at his/her discretion, for the purpose of ascertaining compliance with this division and causing to be corrected any conditions which would constitute any violation of this division or of any other statute, code, rule or regulation affecting the underground storage of hazardous materials. Such inspections may be in conjunction with or in addition to inspections conducted by the CUPA as required by the unified program. (Ord. 97-0016 § 37, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.78.020 Right of entry.

Whenever necessary for the purpose of investigating or enforcing the provisions of this division, or whenever the director or CUPA has reasonable cause to believe that there exists in any structure or upon any premises any condition which constitutes a violation of this division, said officer may enter such structure or premises at all reasonable times to inspect the same, or to perform any duty imposed upon him by law; provided, that if such structure or premises be occupied, the officer shall first present proper credentials and request entry; and further provided, that if such structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person from such a firm or corporation and request entry, except in emergency circumstances. If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry. (Ord. 97-0016 § 38, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.78.030 Inspections by permittee.

The permittee shall conduct regular inspections of its own facilities as specified in its permit to assure compliance with this division and shall maintain logs or file reports in accordance with its permit. In no event shall the permittee inspect its facility less than once every three years. The person conducting such inspections shall be qualified to conduct such inspections. (Ord. 84-0046 § 4, 1984: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.78.040 Special inspections.

In addition to the inspections specified above, the director may require the periodic employment of special inspectors to conduct an audit or assessment of permittee’s facility to make a hazardous material safety evaluation and to determine compliance with the provisions of this division.
A. The special inspector shall be a qualified person or firm who shall demonstrate expertise to the satisfaction of the director.
B. The special inspection report shall include an evaluation of the facilities and recommendations consistent with the provisions of this division where appropriate. A copy of the report shall be filed with the director at the same time that it is submitted to the permittee.
C. Permittee shall, within thirty days of said report, file with the director a plan to implement all recommendations, or shall demonstrate to the satisfaction of the director why such recommendations should not be implemented. (Ord. 97-0016 § 39, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.78.045 Demonstration to director.

The director may require that any regular or special inspection by the permittee pursuant to this chapter be made in the presence of a representative of the director. The director may further require advance notice of not less than 72 hours as to the availability of equipment, material and personnel required to conduct such inspection. (Ord. 97-0016 § 40, 1997: Ord. 84-0046 § 5, 1984.)

11.78.050 Maintenance of records.

All records required by this division shall be maintained by the permittee as provided by state regulations but in no case for less than three years. Said records shall be made available to the director or CUPA during normal working hours and at any time upon reasonable notice. (Ord. 97-0016 § 41, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)