Contra Costa County Municipal Code Ch. 450-6 Underground Storage of Hazardous Substances

The purpose of this chapter is to establish regulations to supplement and assist and facilitate the enforcement, implementation and administration of the provisions of Health and Safety Code Chapter 6.7 (Section 25280 et seq.) on underground storage of hazardous substances, and regulations adopted pursuant thereto, as said statutes and regulations are amended from time to time.

(Ord. 90-122 § 4).

This chapter is adopted pursuant to Health and Safety Code Sections 25299.1(a) and 25299.2, and the county's police power.

(Ord. 90-122 § 4).

Pursuant to Health and Safety Code Section 25283, the provisions of this chapter apply in the entire county, including territory within incorporated cities.

(Ord. 90-122 § 4).

(a) Except as other- wise provided in this section, for purposes of this chapter, the definitions in Health and Safety Code Section 25281 apply.

(b) "Department" means the county health services department.

(c) "Director" means the director of the county health services department.

(Ord. 90-122 § 4).

The department is the "local agency," as said term is defined in Health and Safety Code Section 25281, responsible for the administration, implementation and enforcement of the provisions of Health and Safety Code Chapter 6.7 and this chapter.

(Ord. 90-122 § 4).

Article 450-6.4. Requirements

No person shall repair or make any modifications to an underground storage tank without a permit therefor issued by the department. The permits required by this section are in addition to the permit required by Health and Safety Code Section 25284.

(Ord. 90-122 § 4).

No person shall deliver any product to an underground storage tank unless the department has issued a permit for its operation to the owner and said permit has not expired or been revoked. Upon request by any person, the owner or operator of an underground storage tank shall allow inspection of the permit.

(Ord. 90-122 § 4).

No person shall leave unattached any excavation over three feet in depth, associated in any way with an underground storage tank without erecting a fence adequate to prevent persons or animals from falling into the excavation.

(Ord. 90-122 § 4).

Article 450-6.6. Permit Revocation or Modification

In addition to the grounds set forth in Health and Safety Code Section 25285.1, a permit issued pursuant to Health and Safety Code Section 25284 may be revoked for the following reasons:

(a) Nonpayment of any fee imposed by the board of supervisors to implement, administer or enforce Health and Safety Code Chapter 6.7;

(b) Violation of any requirement or regulation set forth in Health and Safety Code Chapter 6.7, regulations adopted thereunder, or this chapter.

(Ord. 90-122 § 4).

A permit may be modified or revoked by the director, or the director's designee, if grounds exist for such modification or revocation.

Prior to any modification or revocation, the owner and operator shall be given written notice of the intended action, and shall have fifteen days from the notice to request a hearing. The notice of intended action shall be provided by personal delivery or first class mail, postage prepaid. Notice is deemed provided on the date of personal delivery or, if mailed, three days after the date of mailing.

If a hearing is requested, the hearing shall be heard by the director or the director's designee, pursuant to the procedures in Section 450-6.804.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 90-122 § 4).

Article 450-6.8. Appeals

Any decision relative to permits may be appealed to the director.

Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the director not later than fifteen days after the date of service of the decision being appealed. If an appeal is not filed within the time or in the manner prescribed above, the right to a review of the action against which complaint is made shall be deemed to have been waived.

(Ords. 90-122 § 4, 83-68).

If an appeal is filed within the time and in the manner prescribed by Section 450-6.802, or a hearing is requested within the time and in the manner prescribed by Section 450 -6.604, the director or the director's designee shall promptly set the matter for hearing. Written notice of the time, date and place of the hearing shall be mailed to the appellant not later than ten days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the appellant. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings, nor shall formal rules of evidence in civil or criminal judicial proceedings be applicable. Written statements by a county officer or employee, an officer or employee of the state of California, or an officer or employee of any law enforcement or fire protection agency acting in the course and scope of their employment or official duties may be accepted as evidence that such fact(s) or condition(s) do or do not exist. At the conclusion of the hearing, the director or the director's designee shall prepare a written decision which either grants, conditionally grants or denies the appeal, and contains findings of fact and conclusions. The written decision shall be mailed to the appellant.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 90-122 § 4, 83-68).

The written decision rendered pursuant to Section 450-6.804 shall be the final decision of the director and is effective upon the date of mailing.

(Ords. 90-122 § 4, 83-68).