Del Norte County Municipal Code § 7.52 Underground Storage Of Hazardous Substances

This chapter is adopted pursuant to the authority of Chapter 6.7 of Division 20 of the Health and Safety Code, section 25280-25296; and 25298-25299.6, which authorizes a county to adopt an ordinance implementing and enforcing the provisions of state law regulating the construction, maintenance, testing and use of underground tanks used for the storage of hazardous substances, and which mandates local implementation and enforcement of said state law pursuant to regulations adopted by the State Water Resources Control Board.

(Ord. 2022-007 § 1 (part), 2022; Ord. 96-10 § 2 (part), 1996)

Pursuant to Chapter 6.11, Section 25404, et seq., and Chapter 6.7, sections 25280-25296; and 25298-25299.6 of Division 20 of the California Health and Safety Code, the county assumes enforcement responsibility for the implementation of Title 23, Division 3, Chapter 16, sections 2610-2717.7 of the California Code of Regulations and Chapter 6.7, sections 25280-25296; and 25298-25299.6 of Division 20 of the California Health and Safety Code.

(Ord. 2022-007 § 1 (part), 2022; Ord. 96-10 § 2 (part), 1996.)

Any person required by this chapter to have a permit or pay fees related to the underground storage of hazardous substances, shall pay an amount as designated in the board of supervisor’s fee resolution, as may be amended by the board of supervisors from time to time.

(Ord. 2022-007 § 1 (part), 2022; Ord. 96-10 § 2 (part), 1996.)

1. No person shall own or operate a facility for the underground storage of any hazardous substance unless by authority of a valid, unexpired, and unrevoked permit to operate issued to the owner by the Environmental Health Division.

2. A person shall be in violation of this section if such person, without a required permit to operate, supervises, inspects, directs, organizes, manages, or controls or is responsible for or operates the facility for which the permit is required.

3. Application for a new, amended, or renewed Underground Storage Tank permit, or an additional approval, and the facility information shall be submitted to the Environmental Health Division and the California Environmental Reporting system (CERS).

4. Any person assuming ownership of an underground storage tank used for the storage of hazardous substances, for which a valid operating permit element has been issued, shall submit the required submittal elements in CERS within 30 days of assuming ownership.

(Ord. 2022-007 § 1 (part), 2022)

Permits issued under this chapter shall be effective for five years from the date of issuance.

(Ord. 2022-007 § 1 (part), 2022)

1. No person shall commence new construction, upgrading, repair, modification, or closure of one or more tank systems or of part of any tank system at an underground storage tank facility without having first obtaining a construction permit from the Environmental Health Division.

2. An application for the underground storage tank construction permit shall demonstrate all proposed work complies with the applicable provisions of this chapter, including the state laws and regulations incorporated by reference in this chapter.

3. The above provisions shall not apply to emergency work required to protect the environment, public health, or safety. In such cases, the person responsible for the work shall:

   1. Satisfy the Environmental Health Division that such work was urgently necessary; and

   2. Demonstrate that all work performed was in conformance with this chapter and with any standards specified by the Environmental Health Division at the time of the emergency work.

(Ord. 2022-007 § 1 (part), 2022)

1. It shall be unlawful for any person to violate any provision of this chapter. Such violations shall include violations of Title 23, Division 3, Chapter 16, sections 2610-2717.7 of the California Code of Regulations and Chapter 6.7, sections 25280-25296; and 25298-25299.6 of Division 20 of the California Health and Safety Code.

2. Violation of Title 23, Division 3, Chapters 16, sections 2610-2717.7 of the California Code of Regulations, Chapter 6.7 section 25280-25296; and 25298-25299.6 the California Health and Safety Code, or this chapter shall constitute a separate violation per day for each underground storage tank.

(Ord. 2022-007 § 1 (part), 2022)

Any permit issued pursuant to this chapter may be revoked, suspended, or modified during its term for cause, including, but not limited to, any of the following:

1. Violation of any of the terms or conditions of the operating permit element, including nonpayment of fees;

2. Obtaining the operating permit element by misrepresentation or intentional failure to fully disclose all relevant facts;

3. A change in any condition that requires modification or termination of the operation of the underground storage tank; or

4. Violation of any provision of this chapter, including the state laws and regulations incorporated by reference in this chapter.

(Ord. 2022-007 § 1 (part), 2022)