Any person, firm, or corporation which owns or operates an underground storage tank which stores a hazardous material shall obtain and keep current a permit issued pursuant to this division. For the purpose of this division, after certification of the unified program agency for a jurisdiction, the permit to operate an underground storage tank in that jurisdiction shall be a unified program permit issued by the CUPA. One such permit shall be issued for a single facility. Additional approvals shall be obtained for any underground storage tank thereafter connected, installed, constructed, repaired as required by Section 11.74.070, substantially modified, replaced, closed, or removed, or for any change or addition in hazardous materials stored, not in accordance with the prior permit. (Ord. 97-0016 § 42, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

A. Application for a new or amended permit or an additional approval shall be made to the director on the form provided by the director or CUPA. The application shall include, but not be limited to, all information required by California Health and Safe Code, Division 20, Chapter 6.7, Section 25286.
B. In addition to the above information provided by such form, applicant shall submit such additional information as may be required by the director or the CUPA and construction plans, if any, in conformity with Section 11.74.020. Applicant shall specify the permit quantity limit to be permitted for each facility where the proposed monitoring, spill prevention or overfill protection system does not allow use of the full tank capacity. (Ord. 97-0016 § 43, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

Upon receipt of an application for a permit the director may make such investigation of the applicant and the proposed facility or activity as he deems necessary to carry out the purposes of this division. (Ord. 97-0016 § 44, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

No permit or approval shall be issued for the operation, alteration, transfer or closure of an underground storage tank until the director has determined that all requirements of this division for said tank have been met. (Ord. 97-0016 § 45, 1997: Ord. 91-0072 § 11, 1991: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

If the director finds that the proposal for an existing facility does not completely conform to the provisions of this division, the director may approve a provisional permit for a period of up to six months, subject to conditions to be imposed by the director, when such a provisional permit is feasible and does not appear to be detrimental to the public interest.
The applicant shall be informed in writing of the reasons why a full-term permit was not issued. (Ord. 97-0016 § 46, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

A. Upon the approval of a provisional or full-term permit by the director and upon the payment of any applicable fee, the CUPA shall issue and deliver to the applicant a unified program permit or those conditions necessary to amend an existing unified program permit to reflect the additional underground storage tanks. Such unified program permit shall contain, but is not limited, to the information required by California Health and Safety Code, Division 20, Chapter 6.7, and regulations promulgated thereunder.
B. The director shall keep a record of all permits issued and all conditions attached thereto. (Ord. 97-0016 § 47, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

A. When a request for an additional approval is filed as required by Section 11.80.010, the procedures set forth in this division for an application for a permit shall also apply to an application for an additional approval. Each application for an additional approval shall be accompanied by appropriate supporting information.
B. If the additional approval request is for closure of a facility, the permittee shall apply for approval to close such facility not less than 30 days prior to the termination of the underground storage of hazardous materials at the facility. Such closure shall be in accordance with a closure plan which describes procedures for terminating the storage of hazardous materials in each underground storage tank in a manner that:
1. Minimizes the need for further maintenance; and
2. Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials in the facility is minimized or eliminated; and
3. Demonstrates that hazardous materials that were stored in the facility and/or contaminated soils or groundwater caused by any unauthorized discharge, will be removed, disposed of, neutralized, or reused in an appropriate manner. The demonstration shall be in the form of reports by a state certified laboratory, professional civil engineer, registered geologist, engineering geologist, or as required by the director. The 30-day period may be waived by the director if there are special circumstances requiring such waiver. (Ord. 97-0016 § 48, 1997: Ord. 84-0046 § 6, 1984: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

A permit may be issued for a term not to exceed one year, except that a provisional permit may be issued for any period of time up to six months. (Ord. 97-0016 § 49, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

A valid permit shall be renewed each year upon payment of the annual fee, state service charge and any penalties due, provided the underground storage tanks permitted are operated in compliance with all conditions and limitations of such permit. A provisional permit may be extended for one additional six-month term, or until December 22, 1998, whichever occurs first, provided timely application was made as provided by this section, the director determines that progress has been made toward obtaining full compliance with this division and the facility continues to provide safe storage of hazardous materials. Every application for the extension of a provisional permit shall be made at least 30 days prior to the expiration date of such permit. If a timely application for extension has been submitted, the permit shall remain in effect until the director has made his/her decision pursuant to Section 11.80.100 and any administrative appeal pursuant to this chapter has been exhausted. (Ord. 97-0016 § 50, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

The director shall grant or deny a permit, additional approval, or extension within 90 days after the application has been completed, all required fees have been paid and that all applicable provisions of the California Environmental Quality Act (CEQA) have been complied with. This time limit may be further extended by mutual agreement between the director and the applicant. The director shall give the applicant written notice of his decision. (Ord. 97-0016 § 51, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

A permit shall be denied if the applicant fails to demonstrate adequate conformity to the provisions of this division. In addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to Chapter 11.84. (Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

Any person dissatisfied with the decision of the director may appeal the decision, in writing, to the appeals board, setting forth with particularity the ground or grounds for the appeal. Such appeal shall be submitted within 10 days after notice of the decision has been given pursuant to Section 11.80.150. (Ord. 97-0016 § 52, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

The appeals board shall set a time and place for the hearing on the appeal and shall notify the appellant, applicant or permittee, and any other interested persons who have requested such notice, in writing, of such date and time not less than 10 days prior to the hearing. (Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

At the hearing, the appeals board shall consider all competent evidence offered by any person pertaining to the decision being appealed. The hearing may be continued by the appeals board for a reasonable time for the convenience of a party or a witness and no further notice shall be required. (Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

All notices required by this chapter shall be sent by first class mail to the applicant or permittee at the address given on the application or permit or delivered to the applicant or permittee personally. (Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

After the hearing on the appeal, the appeals board may refer the matter back to the director for a new investigation and decision, may affirm the decision of the director, may approve a provisional permit as provided in Section 11.80.050 or may approve the application with or without conditions. The decision of the appeals board shall be final. (Ord. 97-0016 § 53, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

The permit may be transferred to new owners of the same business only if the new owners accept responsibility for all obligations under this division at the time of the transfer of the business, document such transfer on a form provided by the director or CUPA within 30 days of transfer of ownership of the business and pay all fees as required by Chapter 11.82. Such transfer shall be subject to the approval of the director. (Ord. 97-0016 § 54, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

The suspension, revocation or expiration of a permit issued under the division shall not prevent any proceedings to investigate such permit, any administrative action against such permittee or any other proceeding against such permittee. (Ord. 97-0016 § 55, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

In the event that a permit issued under the provisions of this division is suspended or revoked, the permittee shall forward it to the CUPA not later than the end of the third business day after notification of such suspension or revocation. (Ord. 97-0016 § 56, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)