Glenn County Municipal Code § 20.06 Hazardous Materials Disclosure 20.06.010 Purpose And Intent 20.06.020…

For statutory provisions for establishment of authority for the regulation and permitting of facilities relating to hazardous wastes, see Chapters 6.5 & 6.95 of Division 20 of the California Health & Safety Code (specific sections set forth within this chapter).

1. The purpose of this chapter is to provide for implementation of the provisions of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code, regarding the regulation of hazardous materials, and to establish a procedure for the filing of a Certificate of Compliance for Hazardous Materials.

2. All provisions of this chapter shall be interpreted in accordance with those provisions of the Health and Safety Code cited in subsection A and the regulations adopted by the State pursuant thereto. (Ord.1117 § 3, 2000)

1. Administering Agency. The Administering Agency for Chapter 20.05, 20.06 and 20.07 shall be that Agency designated by a Board of Supervisors Minute Order.

2. The Director shall enforce the provisions of this Chapter and of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code. The Director shall be designated by a Board of Supervisors Minute Order. (Ord.1117 § 3, 2000)

Pursuant to notice and public hearing given in connection with the enactment of this Chapter the Administering Agency, under Subparagraph (2) or Paragraph (c) of Section 25503.5 of the Act, has found that the following substances would not pose a present or potential danger to the environment or to human health and safety if released into the environment, and that exceptional circumstances warrant exemption from inventory provisions of the Act of the elemental metals of Aluminum, Beryllium, Cadmium, Copper, Lead, Manganese, Molybdenum, Nickel, Rhodium, Silver, Tellurium, Tin and Zinc, unless any of these materials is stored in a friable powdered or finely divided state. Accordingly, unless stored in the states specified, the above elemental metals shall not be deemed to be Hazardous Material with the County.

In accordance with Section 25503.5 (c)(2) of the California Health and Safety Code, the Administering Agency for Chapter 6.95, Hazardous Release Response Plans and Inventory (Business Plans) may, following notice and a public hearing, exempt from the inventory provisions of the Business Plan any hazardous substance if the Administering Agency finds that the hazardous substance would not pose a present or potential danger to the environment, or to human health and safety if the hazardous substance was released into the environment. (Ord.1117 § 3, 2000)

A business using compressed gas cylinders containing either of the following hazardous materials used for the purpose specified and stored at each place of business in quantities not exceeding the thresholds specified below shall be exempted from the requirements of this Chapter, based on the fact that these materials would not pose a present or potential danger to the environment or to human health and safety if released into the environment:

1. Helium has used for inflation of balloons and stored in quantities of not more than 1,000 cubic feet at standard temperature and pressure;

2. Carbon dioxide gas for carbonation of beverages and stored in quantities of not more than 6,000 cubic feet at standard temperature and pressure. (Ord.1117 § 3, 2000)

A business that handles hazardous materials solely in the form of consumer packaged products for direct distribution to and use by the general public may by exempted from filing the Certificate of Compliance required by Section 20.06.030 by the Director. (Ord.1117 § 3, 2000)

A business operating a farm for purposes of cultivation the soil or raising or harvesting any agricultural or horticultural commodity shall be exempt from Section 20.06.050 and Section 20.05.080 when they provide a Certificate of Compliance, inventory and other information as deemed required by the Director to the County Agriculture Commissioner on a schedule and in a form as prescribed by the Commissioner and post buildings as required by the Commissioner. The Commissioner shall forward a copy of the Certificate of Compliance to the Administering Agency. (Ord.1117 § 3, 2000)

In accordance with Section 25503.5 (c)(3) and 25503.5 (c)(4) of the California Health and Safety Code, the Administering Agency for Chapter 6.95, Hazardous Release Response Plans and Inventory (Business Plans) may, upon application by a handler, exempt the handler, under conditions that the Administering Agency finds to be proper, from any portion of the business plan, upon a written finding that the exemption would not pose a significant present or potential hazard to human health or safety or to the environment or affect the ability of the Administering Agency and the emergency rescue personnel to effectively respond to the release of a hazardous material, and that there are unusual circumstances that justify the exemption. The Administering Agency shall specify in writing the basis for any exemption under this paragraph. The Administering Agency, upon application by a handler, may exempt a hazardous material from the inventory provisions of this chapter upon proof that the material does not pose a significant present or potential hazard to human workplace or environment. The Administering Agency shall specify in writing the basis for any exemption under this paragraph. (Ord.1117 § 3, 2000)

1. No person shall operate a facility for the storage of any hazardous substance (materials described by paragraphs (o), (p), (q) of Section 25501 and Section 25501.1 of the Health and Safety Code) within Glenn County except after the filing a Certificate of Compliance with the Administering Agency and the operation of the facility is in conformance with the regulations adopted by the State.

2. A person shall be deemed to operate a facility and be in violation of this section if such person, without a required Certificate of Compliance, supervises, inspects directs, organizes, manages, or controls or is in any way responsibility for or in charge of the facility for which the Certificate of Compliance is required.

3. This section does no obviate the requirements to obtain valid permits pursuant to other provisions of law, or to comply with other applicable ordinances, including, but not limited, to the Glenn County Code. (Ord.1117 § 3, 2000)

All Certificates of Compliance shall be filed in the office of the Agency. (Ord.1117 § 3, 2000)

The Certificate of Compliance shall be filed on a form and contain all such information as is prescribed by the Director. Each applicant shall submit the form along with a package containing information outlined in Section 20.06.080. (Ord.1117 § 3, 2000)

The Director shall act upon the Certificate of Compliance not later than ninety days after the date it is accepted as complete unless the applicant has filed with the Director written notice of a request and received written approval for extension of the time within which action is taken on the grounds that additional time is required to prepare or present plans or other information, obtaining zoning variances or other permits, or make other corrections remedying inconsistencies with the provisions of this chapter; or on the grounds that the Director has on file a written notice from another public agency showing just cause for an extension of time, and the Director has approved an extension of time pursuant thereto. (Ord.1117 § 3, 2000)

A Certificate of Compliance shall be filed annually with the Agency. (Ord.1117 § 3, 2000)

The packet submitted with the Certificate of Compliance shall contain the following:

1. The inventory described by Section 25509 of the Act;

2. A site plan showing the location by building and by place within a building or upon a site of all Hazardous Substances handled by the business;

3. A Business Plan for emergency response to a release or threatened release of a Hazardous Substance, which complies and is in accordance with the standards in the regulations adopted pursuant to Section 25503 of the Act.

4. As required by law or as requested by the Administering Agency, all required California Accidental Release Prevention Program Plan and Risk Management Plan information shall be submitted. (Ord.1117 § 3, 2000)

Section 20.05.080 and 20.06.050 shall be applicable to those Businesses described therein which store or handle a Hazardous Material or a mixture containing a Hazardous Material which has a quantity at any one time during the year equal to or greater than, a total weight of 500 pounds, or a total volume of 55 gallons, or

200 cubic feet at standard temperature and pressure for compressed gas. (Ord.1117 § 3, 2000)

1. The Board of Supervisors shall establish by resolution a schedule of fees to reimburse the county of Glenn for the costs of implementing this chapter.

2. The Director shall collect all such fees and may collect the state surcharge established by state law. (Ord.1117 § 3, 2000)

The Director shall inspect every facility once every three (3) years or more frequently as deemed necessary by the Administering Agency. (Ord.1117 § 3, 2000)

1. Any decision of the Administering Agency may be appealed to the Board of Supervisors by a party with financial interest in the enterprise, or a resident of the county.

2. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the Administering Agency not later than fifteen days after the date of the decision. If an appeal is not filed within the time or in the manner prescribed above, the right to review the action against which complaint is made shall be deemed to have been waived. (Ord.1117 § 3, 2000)

Not later than thirty days, or as soon thereafter as the matter can be heard, following the date of filing an appeal within the time and in the manner prescribed by Section 20.06.120, the Board of Supervisors shall conduct a hearing on the appeal. 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. (Ord.1117 § 3, 2000)

Any Certificate of Compliance accepted pursuant to this chapter may be revoked during its term upon one or more of the following grounds:

1. That an unauthorized release has occurred pursuant to Section 25294 or 25295 of the Health and Safety Code;

2. That modifications have been made to the storage area or facility in violation of the Certificate;

3. That the holder of the Certificate has violated one or more conditions upon which the Certificate has been issued. (Ord.1117 § 2, 2000)

The Director may revoke acceptance of the Certificate of Compliance by issuing a written notice of revocation, stating the reasons therefor, and serving same, together with a copy of the provisions of this chapter and applicable portions of the Health and Safety Code, upon the submittee. The revocation shall become effective fifteen days after the date of service, unless the submittee files an appeal in accordance with the provisions of Sections 20.06.120. If an appeal is filed, the revocation shall become effective until the appeal is decided by the Board of Supervisors. (Ord.1117 § 3, 2000)

Any person who fails to notify the Agency or Director when requested to do so by this chapter, and who submits false information in a permit application, Certificate of Compliance, report or to a request for information is liable for penalty as specified in Section 20.06.170. (Ord.1117 § 3, 2000)

Every person who violates any provision of this chapter is guilty of a misdemeanor; however, if conduct prohibited by this chapter is also punishable under Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code, the penalties provided in that chapter shall apply to that conduct in lieu of the penalties provided in this code.

1. Civil Penalty. Any person who violates any provision of this Chapter is liable for a civil penalty of not more than two thousand dollars ($2,000) for each day, or part thereof, that such violation occurs. Any person who knowingly violates any provision of this Chapter, after reasonable notice of the violation is liable for a civil penalty of not more than five thousand dollars ($5,000) for each day, or part thereof, that such violation occurs;

2. Additional Penalties. In addition to any civil and criminal penalties prescribed under this ordinance the Director may impose administrative civil penalties for violation of this ordinance or regulation of the Agency adopted pursuant to Division 20, Chapter 6.95 of the Health and Safety Code. No administrative civil penalty levied pursuant to this section may exceed five hundred dollars ($500) for each violation. However, nothing in this section is intended to restrict the authority of the agency to negotiate mutual settlement under any other penalty provision of law;

3. Continuing Violation. Each and every day a violation of this chapter or Division 20, Section 6.95 of the Health and Safety Code continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation and punished accordingly. (Ord.1117 § 3, 2000)

All other Government Agencies are subject to the provisions of this chapter. (Ord.1117 § 3, 2000)

1. This chapter shall be enforced by the Director under direction of the Board of Supervisors, and by all officers named by the Director. Persons authorized to enforce this chapter are authorized to arrest without warrant as provided in Section 836.5 of the Penal Code.

2. For the purpose of enforcing or administering this chapter, the Director or an authorized representative of such officer, upon presentation of his credentials, or if necessary under the circumstances, after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50), Part 3 of the Code of Civil Procedure, shall have the right of entry to any premises on which hazardous materials may be stored for the purpose of inspecting such premises including securing any records required to be maintained in connection therewith by the Director. (Ord.1117 § 3, 2000)