Fremont Municipal Code Art. VIII Application for Permit

Any person, firm, or corporation which handles, uses, or stores any hazardous material shall obtain and keep current a hazardous materials permit issued pursuant to this chapter. One such permit shall be issued for a single facility.

Additional approvals shall be obtained for any facility thereafter connected, installed, constructed, or repaired, as required by Section 8.35.170, substantially modified, replaced, closed, or removed, or for any change or addition in hazardous materials handling not in accordance with the prior approval for types of materials, hazard classes, or quantities involved. When requested, applicants shall also submit evidence of financial responsibility for taking corrective action and compensating third parties for damages from releases of hazardous materials as required by Cal. Health & Safety Code § 25292.2. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12800.)

Application for a new, amended, or renewed permit or an additional approval shall be made to the city on the form provided. In addition to the information required by such form, applicant shall submit the hazardous materials management plan required by Section 8.35.220, the State Water Resources Control Board form required by the California Health and Safety Code, and construction plans, if any, in conformity with Sections 8.35.120 and 8.35.210. Applicant shall specify the quantity limit requested to be permitted for each facility. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12801.)

The city may make such investigations of the applicant and the proposed facility or activity as the city deems necessary to carry out the purposes of this chapter. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12802.)

A permit shall not be approved until the city is satisfied that the facility adequately conforms to all provisions of this chapter and relevant state and federal codes and regulations. Such conformance can be based on substitutions for specific requirements if such substitutes are found to provide at least equivalent environmental, health and safety protection.

A list of new permits shall be posted at the city government building. Within 10 working days of such posting, a permit may be appealed to the city manager, in writing, setting forth with particularity the grounds for appeals. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12803.)

If the city finds that the applicant’s proposal does not completely conform to the provisions of this chapter, the city may approve a temporary permit not to exceed 90 days in duration, subject to conditions to be imposed by the city, when such a temporary permit is feasible and does not appear to be detrimental to the public interest. Notwithstanding the above, a temporary permit for hazardous materials facilities shall conform to the express provisions of Article III of this chapter at all times. The applicant shall be informed in writing of the actions necessary to enable the issuance of a full-term permit. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12804.)

(a) Issuance. Upon the approval of a temporary or full-term permit and upon the payment of any applicable fee, the city shall issue and deliver the permit to the applicant. Such permit shall contain the following information:

(1) The name and address of the permittee for purposes of notice and service of process;

(2) The address of the facility for which the permit is issued;

(3) The date the permit is effective;

(4) The date of expiration;

(5) When applicable, a designation that the permit is temporary; and

(6) Any special conditions of the permit.

(b) Issuance of Conditional Permit. Subsequent to the city’s review substantiating evidence that all conditions required to be fulfilled prior to the issuance of the permit have been satisfied, the city manager or his/her designee shall issue the necessary permit as set forth in subsection (a) of this section.

(c) Records. The city shall keep a record of all permits issued and all conditions attached thereto. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12805.)

(a) The procedures set forth in this chapter for an application for a permit shall also apply to an application for an additional approval as required by Section 8.35.350. Each additional approval shall be accompanied by an appropriate amendment to the HMMP.

(b) If the additional approval request is for closure of a facility, permittee shall apply for approval to close such facility 30 days prior to the termination of management of hazardous materials at the facility. Such closure shall be in accordance with the facility closure plan which meets the requirements of Section 8.35.230(a)(12), unless an alteration or change in the facility closure plan is necessary, in which case the application for closure shall contain such change(s) or alteration(s). This 30-day period may be waived by the city if there are special circumstances requiring such waiver. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12806.)

A permit may be issued for a term of one year, as specified in this chapter, excepting temporary permits which may be issued for any period of time not to exceed 90 days. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12807.)

Every application for the renewal of a permit or extension of a temporary permit shall be made at least 30 days prior to the expiration date of such permit. If a timely application for renewal has been submitted, the permit shall remain in effect until the city has made its determination pursuant to Section 8.35.440 and any appeal pursuant to Article IX of this chapter has been exhausted unless the city manager determines there is a significant risk to the environment or public welfare. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12808.)

The city shall establish fees sufficient to recover its costs in administering this chapter and no application shall be approved unless and until the fees have been paid.

(a) Delinquent Fees. All permit fees delinquent for 30 days or more shall be subject to an additional charge to be determined by the city which shall be added to the amount of the fee collected.

(b) Refund of Fees. No refund or rebate of a permit fee 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 or that the permit is suspended or revoked prior to the expiration of the term. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12809.)

No permit may be transferred to new owners or new operators of a facility or a property. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12810.)