Butte County Municipal Code Ch. 37 Underground Hazardous Substance Storage Facilities

This chapter may be known and may be cited and referred to as the "Underground Storage Permit Ordinance" of the County of Butte.

(Ord. No. 2511, § 1, 1-22-86)

This chapter is enacted pursuant to authority conferred by sections 476, 510, 25283, and 25287 of the Health and Safety Code of the State of California.

(Ord. No. 2511, § 1, 1-22-86)

The board of supervisors of the County of Butte hereby finds and declares that the underground storage of hazardous substances poses a potential threat of contamination to the ground and surface waters of the county and therefore, to the health and safety of all citizens of the county, and pursuant to section 510 of the Health and Safety Code of the State of California, that the expenses of the health officer of this county in the enforcement of statutes, orders, rules, or regulations prescribed by state officers or departments relating to regulation of underground storage of hazardous materials which either require or authorize the health officer of this county to perform specified acts, are not met by any fees prescribed by the state.

(Ord. No. 2511, § 1, 1-22-86)

It is the purpose of this chapter to adopt the regulations for the construction and monitoring of facilities used for the underground storage of hazardous substances, as adopted by the state water resources control board under chapter 6.7 of the Health and Safety Code; and to establish a procedure for issuance of permits for the use of these facilities; and to authorize the prescription of such fees as will pay the reasonable expenses of the health officer incurred in such enforcement of regulations relating to underground hazardous substance storage facilities.

(Ord. No. 2511, § 1, 1-22-86)

The provisions of this chapter may apply within any city in the county when the governing board thereof consents to county health administration for that city pursuant to section 476 of the Health and Safety Code of the State of California; and the schedule of fees authorized by this chapter shall be applicable in the area in which the health officer of this county enforces any statute, order, quarantine, rule, or regulation prescribed by a state health officer or department relating to public health.

(Ord. No. 2511, § 1, 1-22-86)

For the purpose of this chapter, unless the provisions or context indicate otherwise, the terms and words used herein shall have the meanings as set forth in the Underground Storage of Hazardous Substances Law commencing with section 25281 of the Health and Safety Code of California.

(Ord. No. 2511, § 1, 1-22-86)

(A) No person shall operate a facility within Butte County for the underground storage of any hazardous substance, unless by authority of a valid, unexpired, and unrevoked permit to operate issued to the owner pursuant to the provisions of section 37-8 or section 37-9.

(B) A person operates a facility in violation of this section if the person, without a required permit to operate in effect, supervises, inspects, directs, organizes, manages, or controls, or is in any way responsible for or in charge of the facility for which the permit is required.

(C) Compliance with the provisions of this chapter does not constitute or excuse compliance with any other provision of law applicable to installation, maintenance, or operation of a facility, or to the use for which the underground storage tank or facility is installed, operated, or maintained.

(Ord. No. 2511, § 1, 1-22-86)

Cross reference—Penalty, § 1-7(b).

No underground storage tank or facility shall be installed after January 1, 1986, unless a permit to operate is first obtained from the health officer. A permit to operate shall not be issued for any underground storage tank or facility installed after January 1, 1986, unless the tank or facility meets the requirements identified in section 25291 of the Health and Safety Code.

(Ord. No. 2511, § 1, 1-22-86)

Cross reference—Penalty, § 1-7(b).

(A) No underground storage tank or facility installed on or before January 1, 1986, and used for the storage of hazardous substances shall continue to operate unless a permit to operate is obtained by July 1, 1986.

(B) For every underground storage tank installed on or before January 1, 1986, and used for the storage of hazardous substances, all of the requirements identified in section 25292 of the Health and Safety Code must be met prior to the issuance of the permit to operate.

(Ord. No. 2511, § 1, 1-22-86)

Cross reference—Penalty, § 1-7(b).

An application for a permit to operate shall be filed with the health department on a form prescribed by the health officer, and shall be accompanied by any fee set by the board of supervisors.

(Ord. No. 2511, § 1, 1-22-86)

The health officer shall act upon the application not later than ninety (90) days after the date it is accepted as complete, unless:

(1) The applicant has filed with the health officer written notice of a request and received written approval for extension of time within which action is taken on the grounds that additional time is required to prepare or present plans or other information, obtain zoning variances or other permits, or make other corrections remedying inconsistencies with the provisions of this chapter; or

(2) The health officer has on file a written notice from a public agency showing just cause for an extension of time, and has approved an extension of time pursuant thereto.

(Ord. No. 2511, § 1, 1-22-86)

The term of the permit to operate shall be five (5) years, at which time the permittee may apply for reissuance pursuant to sections 37-7 and 37-11.

(Ord. No. 2511, § 1, 1-22-86)

(A) The permit to operate shall contain a complete description of the enterprise for which it is issued, the date of issuance and date of expiration, a description of the method of monitoring, and all conditions upon which the permit has been issued. A copy of the permit shall be kept on the premises and shall be made available to the health officer upon demand.

(B) As a condition of any permit to operate, the permittee shall complete and file with the health officer an annual report which details any changes in the usage of any underground storage tanks, including the storage of new hazardous substances, changes in monitoring procedures, and unauthorized release occurrences.

(Ord. No. 2511, § 1, 1-22-86)

Each application shall be accompanied by the fee prescribed by ordinance of the board of supervisors. No permit shall be granted or renewed unless the applicant pays said fees. The total fee shall include a state surcharge, the amount of which shall be determined by the legislature annually, to cover the costs of the state water resources control board in carrying out its responsibilities under chapter 6.7 of the Health and Safety Code.

(Ord. No. 2511, § 1, 1-22-86; Ord. No. 2707-K, § 1, 9-20-88)

Cross reference—Health department fees, ch. 43.

Except as provided in section 25284 of the Health and Safety Code, no person assuming ownership of a facility shall operate it unless a permit to operate has been issued or transferred to the person.

(Ord. No. 2511, § 1, 1-22-86)

(A) Every operator of an underground storage facility shall monitor the facility, using the method specified on the permit for the facility. Records shall be kept in sufficient detail to enable the health officer to determine that the operator has undertaken all monitoring activities required by the permit to operate.

(B) If the operator is not the owner, the owner shall provide a copy of the permit to the operator, enter into a written contract with the operator which requires the operator to monitor the facility as set forth in the permit, and provide the operator with a copy of section 25299 of the Health and Safety Code. The owner shall notify the health officer of any change of operator.

(Ord. No. 2511, § 1, 1-22-86)

In accordance with sections 25288 and 25289 of the Health and Safety Code, the health officer shall inspect every underground storage tank or facility at least once every three (3) years. The health officer may require the permittee to employ, periodically, special inspectors to conduct an audit or assessment of the permittee's facility to determine compliance with this chapter and the provisions of chapter 6.7 of the Health and Safety Code.

(Ord. No. 2511, § 1, 1-22-86)

Any unauthorized release shall be recorded and reported in accordance with sections 25294, 25295, and 25296 of the Health and Safety Code of California.

(Ord. No. 2511, § 1, 1-22-86)

Cleanup of unauthorized releases shall be in accordance with section 25297 of the Health and Safety Code.

(Ord. No. 2511, § 1, 1-22-86)

Any physical modification including replacement of an underground storage tank or facility, shall be undertaken in compliance with this chapter and all provisions of law applicable to the use for which the underground storage tank or facility is installed, operated, or maintained.

(Ord. No. 2511, § 1, 1-22-86)

(A) Any permit to operate issued pursuant to this chapter may be revoked during its term upon one or more of the following grounds:

(1) An unauthorized release subject to section 25295 of the Health and Safety Code.

(2) Modifications have been made to the underground storage tank or facility in violation of the permit to operate.

(3) The permittee has violated one or more conditions upon which the permit has been issued.

(B) The health officer may revoke a permit to operate by issuing and serving upon a permittee a written notice of revocation. The notice shall state the reason(s) for revocation and a copy of this chapter shall be appended to it. The revocation becomes effective fifteen (15) days after the date of service, unless the permittee files an appeal within the time and in accordance with the provisions established by the county. If such an appeal is filed, the revocation shall not become effective until a final decision on the appeal is made.

(Ord. No. 2511, § 1, 1-22-86)

No person shall abandon an underground storage tank or close or temporarily cease operating an underground storage tank except as provided in section 25298 of the Health and Safety Code.

(Ord. No. 2511, § 1, 1-22-86)

A violation of any of the provisions of this chapter or failure with any of the regulatory requirements of this chapter is punishable in accordance with the provision of section 25299 of the Health and Safety Code.

(Ord. No. 2511, § 1, 1-22-86)

The health officer is charged with primary responsibility for the administration of this chapter and may develop those forms, procedures, and reports reasonably necessary to administer this chapter to achieve its purposes.

(Ord. No. 2511, § 1, 1-22-86)

If a city, pursuant to Health and Safety Code section 25283, adopts an ordinance by which the city assumes responsibility for implementing chapter 6.7 (commencing with section 25280) of division 20 of the Health and Safety Code, the provisions of this chapter shall be suspended as to that city and as to all underground storage facilities for hazardous substances located within the jurisdictional limits of the city for so long as the city's ordinance is in effect.

(Ord. No. 2511, § 1, 1-22-86)