Sec. 29-2. - Findings and purpose.
Sec. 29-5. - Certified unified program agency (CUPA).
This chapter shall be known as the "Hazardous Materials Management Ordinance" (HMMO) of Sonoma County.
(Ord. No. 5015 § 1, 1997.)
Sec. 29-2. - Findings and purpose.
(a)
The board of supervisors, county of Sonoma, state of California, finds and declares that chemicals are widely used in commerce and by individuals in our society and that properly controlled and utilized chemicals can be beneficial to our overall well being. However, the board further finds that unknown quantities and qualities of chemicals exist which may be toxic, corrosive, irritating, sensitizing, or flammable and which may cause serious illness or harm to humans, animals, and the environment. The public has a right to expect regulation of these materials.
(b)
The board further finds and declares that public protection from hazardous materials release or threatened release to the environment is essential. This requires proper planning on the part of the community as well as those responsible for hazardous materials.
(c)
The board of supervisors finds and declares that substantial public and private cooperation and education is essential for the appropriate understanding and control of chemicals.
(d)
The board of supervisors further finds and declares that the ability to respond to hazardous materials emergencies is essential to the protection of the public health and welfare and the environment from risks of harm by unplanned, threatened or actual releases of hazardous materials. Financial responsibility for emergency response must be assumed by responsible persons in order to preserve the certified unified program agency's (CUPA's) ability to respond to hazardous materials emergencies.
(Ord. No. 5015 § 1, 1997.)
(a)
It is the intent of this chapter to regulate the storage, handling, and management of hazardous materials, whether in waste or non-waste form, unless specifically preempted by state or federal law.
(b)
This chapter provides for the inventory and control of hazardous materials which are stored above ground and underground in both the incorporated and unincorporated areas of Sonoma County to the extent permitted by law except in those incorporated cities which are certified unified program agencies (CUPAs). The applicable statutes and regulations include the following:
(1)
Hazardous Materials Business Plans. This program includes chemical and hazardous waste inventories and emergency response plans. California Health and Safety Code, Division 20, Chapter 6.9, Article I and Title 19 of the California Code of Regulations.
(2)
Risk Management and Prevention Planning. This program includes facilities which handle, use, or store acutely hazardous materials. California Health and Safety Code, Division 20, Chapter 6.95, Article 2 and Title 19 of the California Code of Regulations.
(3)
Underground Storage Tank (UST) Program. This program includes all underground storage tanks except those exempted under federal and state law. California Health and Safety Code, Division 20, Chapter 6.7 and Chapter 6.75, and Title 23, Division 3, Chapter 16 and 18 of the California Code of Regulations.
(4)
Hazardous Waste Generator Program/Tiered Permitting Hazardous Waste On-Site Treatment. This program includes facilities which generate any quantity of hazardous waste. California Health and Safety Code, Division 20, Chapter 6.5, Articles 1 — 13 and Title 22, Division 4.5, Chapters 10, 11, 12, 20 and 31 of the California Code of Regulations.
(5)
Aboveground Petroleum Storage Act Spill Prevention, Control and Countermeasure (SPCC) Plans. This program includes facilities which have aboveground storage of petroleum products in excess of six hundred sixty (660) gallons per tank or in excess of one thousand three hundred twenty (1,320) total gallons. California Health and Safety Code, Division 20, Chapter 6.67. (6) California Fire Code, California Health and Safety Code, Division 13, Chapter 4, Part 2.5 commencing with Section 18935, Part 9 and Title 24, California Code of Regulations. This section of the Fire Code includes requirements for the hazardous materials business plan.
(c)
This chapter provides for regulatory action by the county to remedy or prevent an imminent risk of harm to the public health, domestic livestock, wildlife, or the environment arising out of any actual or threatened disposal or release of a material; authorizes the county to remedy any actual or threatened release not corrected by the responsible person, designates the persons responsible for the cost of such actions by the county; and provides for criminal and civil penalties to be assessed for violations of this chapter.
(d)
All definitions of terms stated herein are found in state and federal regulations and statutes except those noted in Section 29-4, Definitions.
(e)
The CUPA shall enforce standards found in the currently adopted Uniform Fire Code as they relate to hazardous materials business plans.
(Ord. No. 5015 § 1, 1997.)
Unless the context indicates otherwise, the following definitions govern the construction of this chapter.
"Abandonment" means removing a hazardous material storage facility from service without compliance with this chapter.
"Board of supervisors" or "board" means the board of supervisors of Sonoma County.
"Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. For purposes of this chapter, "business" includes a business organized for profit and nonprofit business. "Business" also includes any city, county, district, the state, any department or agency thereof, or the United States.
"Business advisory group" means the CUPA advisory group comprised of a minimum of three (3) representatives from the local trade associations.
"Certified unified program agency (CUPA)" means the Sonoma County department of health services or the Sonoma County department of emergency services or the agricultural commissioner or such other agencies as may be designated by the board of supervisors. Designees may be other county departments or agencies and such agencies or entities approved by the board of supervisors. All designees shall be responsible to the director of the department of emergency services.
"Environment" means navigable waters, waters of zones contiguous to any navigable waters, oceans, seas, streams, creeks, rivers, ponds, pools, lakes, surface waters, groundwaters, drinking water supplies, land surface or subsurface strata, and ambient air.
"Facility" means:
(1)
Any one or, combination of, underground tanks used by a single business entity at a single location or site.
(2)
Contiguous land or structures, or other appurtenances, or improvements on land used for the above ground storage of hazardous materials.
(3)
Any combination of subsections (1) and (2).
"Health officer" means the Sonoma County public health officer or designee.
"Hearing officer" shall be a member of the California Bar admitted to practice no less than five (5) years as is required by Government Code Section 27724. Hearing officers shall have those powers set forth in Sections 27721 and 27722 of the Government Code including the power to conduct the hearing, the power to decide a matter upon which a hearing has been held, the power to make findings of fact and conclusions of law required for the decision, the power to issue subpoenas at the request of a party in interest, the power to receive evidence, the power to administer oaths, the power to rule on questions of law and the admissibility of evidence, the power to continue the hearing from time to time, and the power to prepare a record of the proceedings.
"Highly toxic material" means material with a health hazard rating of 3 or 4 when rated in accordance with Uniform Fire Code Standard No. 79-3.
"Imminent risk of harm" means a reasonable likelihood that public health, welfare, domestic livestock, wildlife, or the environment may be placed at risk in the near future. This term shall be construed consistent with CERCLA (42 USC Section 9601, et seq., as amended) and RCRA (42 USC Section 6901 et seq., as amended.)
"Lead agency" for hazardous materials management means the Sonoma County department of emergency services.
"Operator" means those persons described as "operators" by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 USC Section 9601 et seq.) and by the Resource Conservation and Recovery Act, Subtitle I, as amended (42 USC Section 6991(2)(B)(4)).
"Owner" means those persons described as "owners" by the Comprehensive Environmental Response and Liability Act, as amended (42 USC Section 9601 et seq.) and by the Resource Conservation and Recovery Act, Subtitle I, as amended (42 USC Section 6991(2)(B)(3)).
"Person" means an individual, business, trust, firm, joint stock company, corporation, including a government corporation, partnership, and association. "Person" also includes any city, county, district, the state, any department or agency thereof, or the United States, to the extent authorized by federal laws.
"Public agency" means any city, county, district, the state, any department or agency thereof, or the United States to the extent authorized by federal law.
"Recovery action" means those actions taken in connection with monitoring, assessing or evaluating a release or threatened release of a hazardous material or are taken in connection with attempting an amelioration or permanent removal of a release or threatened release of a hazardous material, or any action taken by any governmental agency to compel the lawful disposal of hazardous materials, the remediation of a contaminated site, the removal of a threatened release, or to recover costs of disposal or remediation where a governmental agency has arranged for or accomplished the remediation of a threatened or actual release.
"Regulatory action" means any action taken by any governmental agency to enforce laws or regulations or this chapter relating to the storage, handling, or management, of hazardous materials.
"Substantial repair or modification" means any repair or modification that occurs within a six (6) month period that is equal to or greater than twenty percent (20%) of the replacement cost or results in deviation from approved plans and specifications unless otherwise provided by law.
"Threatened release" means a condition creating an unreasonable risk of release.
(Ord. No. 5015 § 1, 1997.)
Sec. 29-5. - Certified unified program agency (CUPA).
This chapter shall be administered by the CUPA in cooperation with other agencies enforcing hazardous materials regulations and statutes. Regulatory duplication shall be avoided where adequate control of hazardous materials exists.
(Ord. No. 5015 § 1, 1997.)