Sec. 29-7. - Consolidated permit application.

(a)

A consolidated permit shall be required to store or handle hazardous materials for those programs as defined in Title 27, Division 1, Subdivision 4, Chapter 1 of the California Code of Regulations. This article does not apply to private households storing or handling reasonable household quantities of hazardous materials in consumer-sized containers for domestic use. A consolidated permit shall be required to store any quantity of a carcinogen, used for business purposes.

(b)

Application for consolidated permits required by this chapter shall be made by the owner, operator, or handler on a standardized form provided by the CUPA and shall be accompanied by the appropriate fee.

(c)

Consolidated permits issued pursuant to this chapter shall be valid for three (3) years. Facilities must submit updated information and fees annually to the CUPA. The CUPA may not issue or renew a consolidated permit unless the premises are inspected in accordance with Section 29-14 and determined to comply with this chapter.

(d)

Additional information may be required by the CUPA for processing a consolidated permit application.

(e)

Every consolidated permit application shall contain a signed statement, and date of signature, under penalty of perjury, by the applicant that the information contained therein is true and correct. If any permit is issued upon the basis of an application which contains false information, the permit shall be void and of no effect, regardless of whether the falsification is wilful or negligent.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-8. - Consolidated permits—Exceptions.

(a)

A CUPA may grant an exemption from permitting and inspection requirements of the hazardous waste generator program for those facilities which generate less than five (5) gallons each of a recyclable hazardous waste per month and which recycle such waste. Facilities granted an exemption are responsible for adherence to all local, state and federal hazardous waste regulations. The CUPA has the right, at any time, to inspect facilities to insure compliance with these regulations. This exemption will be removed, if upon inspection, the CUPA determines that the facility is not in compliance with the regulations. All fees will be due at that time.

(b)

Persons who accumulate less than fifty-five (55) gallons of hazardous waste at any one time, up to a maximum of three hundred twenty-five (325) gallons per year, may participate in the self-audit program. The self-audit program includes yearly submittal of self-audit checklist and reduced fees in the following years after issuance and compliance with the initial consolidated permit to the owner/operator. If such a person is found to be out of compliance due to Class I or repeated Class II violations as discovered through the audit inspection process, they will lose their eligibility for fee reductions, and their fees will convert back to the full small quantity generator permit fee.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-9. - Permit fees.

(a)

An application fee shall be paid to the CUPA by each person who submits an application for any permit required by this chapter and for the renewal or amendment of any such permit. An annual fee shall be paid to the CUPA by each person issued a permit pursuant to this chapter during the term of such permit. The board of supervisors shall establish the mounts at a level sufficient to pay the necessary and reasonable costs of services incurred in administering this chapter including, but not limited to, permitting and inspection responsibilities. The board may provide for the waiver of fees when a public agency applies for a permit or for a renewal of a permit to operate.

(b)

The application and annual fee shall include a state surcharge as determined by the legislature to cover the costs of state agencies.

(c)

There shall be added to and collected with any permit fee a penalty equal to ten percent (10%) of the local fee for all fees that are delinquent for thirty (30) days. For each additional month or fraction thereof in which the delinquency continues, an additional ten percent (10%) penalty shall be collected. In no event shall the total penalty exceed one hundred percent (100%) of the permit fee. This penalty may be assessed in addition to any violation reinspection fee.

(d)

No refund or rebate of any permit fee or other fee required by this chapter shall be allowed by reason of the fact that the permit is denied or the permittee discontinues the activity or use of a facility prior to the expiration of the term of that permit or that the permit is suspended or revoked prior to the expiration of the term.

(e)

Any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor, or has failed to apply for an operating permit or failed to register their underground storage tank(s) with the lead agency prior to March 1, 1986, shall, if subsequently permitted to obtain a permit, pay double the permit fee for such work, provided, however, that this provision shall not apply to emergency work in accordance with Section 29-12 when it shall be proved to the satisfaction of the lead agency that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-10. - Permit transfer.

(a)

Except as provided in subsection (b) of this section, no person shall own or operate a hazardous materials storage facility unless a permit application for its operation has been submitted to the CUPA. Any person who is to assume the ownership of a hazardous materials storage facility from the previous owner shall complete an approved form accepting the obligations of the permit and submit the completed form to the CUPA within thirty (30) days after the ownership is transferred. The CUPA may review and modify or terminate the transfer of the permit to operate the premises, pursuant to the criteria specified in this chapter.

(b)

Any person assuming ownership of hazardous materials storage facility for which a valid operating permit has been issued shall have thirty (30) days after the date of assumption of ownership to apply for an operating permit pursuant to this chapter or, if accepting a transferred permit, shall submit to the CUPA the completed form accepting the obligations of the transferred permit as specified in subsection (a) of this section. During the period from the date of application until the permit is issued or refused, the person shall not be held in violation of this section.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-11. - Underground storage tank permits.

(a)

A permit must be obtained from the CUPA for installation, modification, repair or closure of an underground storage tank in accordance with state law and regulations. The permit application must be submitted along with two (2) sets of plan drawings, specifications, and the appropiate plan check fee. Upon approval of plans and specifications, the CUPA shall issue a permit to install, construct, modify, or close a tank. The permit shall be valid for up to one (1) calendar year from date of issue. A permit shall not be renewed or reissued for more than one (1) year. Application for extension of a permit shall be made at least thirty (30) days prior to expiration of such a permit.

(b)

The testing of underground storage tanks shall require a precision testing permit. The application shall be made on forms provided by the CUPA.

(c)

The CUPA may perform such inspections which are necessary at the discretion of the CUPA, to ensure compliance with this chapter or other applicable laws and regulations or to protect the public health or safety or the environment.

(d)

Any permit issued for activities relating to underground storage tanks must include evidence of worker's compensation insurance or other compliance with Section 3800 of the California Labor Code.

(e)

For the purposes of this section, hazardous materials storage facilities include tanks with capacities of one thousand one hundred (1,100) gallons or less which are located on farms and which store motor vehicle fuel used primarily for agricultural purposes and are not for resale, as well as tanks located on farms or at personal residences which have capacities of one thousand one hundred (1,100) gallons or less, and which store home heating oil for consumptive use on the premises where stored, where a change of use occurs in any of the following: the tanks, the contents of the tanks, or the land.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-12. - Emergency repair permit.

The permittee may make emergency repairs to a facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain any actual or threatened disposal or release or to protect the integrity of the containment. However, within five (5) working days after such emergency repairs have been started, the permittee shall seek approval pursuant to Section 29-11 by submitting drawings or other information adequate to describe the repairs to the CUPA. The repair of items that would normally be considered a part of ongoing maintenance do not need a permit, e.g. replacing a valve, coating a floor, sealing cracks, etc., even if done in response to an emergency situation.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-13. - Permit suspension.

Whenever the CUPA finds that the suspension of a permit prior to a hearing for regulatory action is necessary to protect the public health or safety from an immediate threat to public health or safety, the CUPA may immediately suspend any permit. The CUPA shall immediately notify the permittee or designated twenty-four (24) hour contact person of such suspension by any of the following methods: (1) written notice of suspension mail certified, return receipt requested to the owner or operator of the facility and to the persons shown on the latest equalized county tax roll to be the owners of the real property on which the facility is located; (2) personal delivery of written notice of suspension served upon an owner or operator of the facility; (3) posting notice of suspension on the property and thereafter mailing a copy of the notice by first class mail, postage pre-paid to the persons shown on the latest equalized county tax roll to be the owners of the real property. Service in this manner is deemed complete at the time of mailing.

(Ord. No. 5015 § 1, 1997.)