Hayward Municipal Code Part VIII Application for Permit

Any person, firm, or corporation which stores any hazardous material shall obtain and keep current a Hazardous Materials Storage Permit issued pursuant to this Article. A Hazardous Materials Storage Permit may be a full term or temporary permit or a provisional permit. One (1) permit shall be issued for each storage facility. Additional approvals shall be obtained for any storage facility thereafter connected, installed, constructed, repaired as required by Section 3-8.14, substantially modified, replaced, closed, or removed, or for any change or addition in hazardous materials stored, not in accordance with the prior approval. Notwithstanding the above, permittee shall have thirty (30) days to apply for an additional approval for the storing of a new or different hazardous material with the same hazard class as stated on the existing permit approvals where such storage does not increase the hazard of fire or explosion or the hazard of the production of flammable or poisonous gas. Storage of new or different hazardous materials, not meeting all of these criteria, shall require the prior additional approval.

Application for a new, amended, or renewed permit or an additional approval shall be made to the Fire Chief on the form provided by City. In addition to the information required by such form, applicant shall submit the Hazardous Materials Management Plan required by Section 3-8.19 and construction plans, if any, in conformity with Section 3-8.09. Applicant shall specify the permit quantity limit requested to be permitted approved for each storage facility.

The officer to whom an application for a new or renewed permit is made may make such investigation of the applicant and the proposed facility or activity as such officer deems necessary to carry out the purposes of this Article.

Neither a full term nor a temporary permit shall not be approved until the issuing officer is satisfied that the storage approved adequately conforms to the provisions of this Article.

If the officer to whom application has been made finds that the proposal does not completely conform to the provisions of this Article the officer may approve a provisional permit, subject to conditions to be imposed by the officer, when such a provisional permit is feasible and does not appear to be detrimental to the public interest. The applicant must be informed in writing of the reasons why a full term permit was not issued.

A temporary permit for storage may be issued where storage does not exceed six (6) months. The Containment Standards of Part III, the Hazardous Materials Management Plan of Part IV, and the Inspection and Records Requirements of Part VII may be modified as appropriate under these circumstances for the storage of hazardous materials on a nonregular, temporary basis.

(a) Issuance. Upon the approval of a temporary, provisional, or full term permit by the officer and upon the payment of any applicable fee, the officer shall issue 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) Authorization of the storage facility approved under the permit, the permit quantity limit, and the approved hazard class or classes for the storage facility;

(4) The date the permit is effective;

(5) The date of expiration;

(6) When applicable, a designation that the permit is provisional or temporary;

(7) Any special conditions of the permit.

(b) Records. The fire department shall keep a record of all permits issued and all conditions attached thereto.

(a) When a request for an additional approval is filed as required by Section 3-8.34 the procedures set forth in this Article for an application for a permit shall also apply to an application for an additional approval. Each application for an additional approval shall be accompanied by an appropriate amendment to the HMMP.

(b) If the additional approval request is for closure of a storage facility, permittee shall apply for approval to close such storage facility not less than thirty (30) days prior to the termination of the storage of hazardous materials at the storage facility. Such closure shall be in accordance with a closure plan which describes procedures for terminating the storage of hazardous materials in each storage facility in a manner that:

(1) Minimizes the need for further maintenance; and

(2) Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials in the storage facility is minimized or eliminated; and

(3) Demonstrates that hazardous materials that were stored in the storage facility will be removed, disposed of, neutralized, or reused in an appropriate manner.

This thirty-day period may be waived by City if there are special circumstances requiring such waiver.

A permit may be issued for a term of one (l) year, excepting provisional permits which may be issued for any period of time up to six (6) months and temporary permits which may be issued for no longer than six (6) months.

Every application for the renewal of a full term permit shall be made at least thirty (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 City has made its determination pursuant to Section 3-8.44 and any administrative appeal pursuant to Part IX has been exhausted.

City shall make a determination with regard to any application for a permit, an additional approval, or a renewal, within ninety (90) days from the date that the application has been completed or compliance with the appropriate provisions of the California Environmental Quality Act (CEQA), has been completed, whichever occurs later. This time limit may be further extended by mutual agreement between City and applicant.

The City Council shall establish fees by Resolution from time to time in amounts sufficient to recover the costs in processing applications for permits and administering this Article.

(a) Applicant Fees. No application shall be accepted unless and until the required application fee has been paid.

No refund or rebate of an application 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.

(b) Administration Fees. No approved permit shall be issued until the required administration fee has been paid.

The permit may be transferred to new owners of the same business only if the new owners accept responsibility for all obligations under this Article at the time of the transfer of the business and document such transfer on a form provided by City within thirty (30) days of transfer of ownership of the business. Such transfer shall be subject to the approval of City.

No permit shall become effective until the permit has been signed and accepted by the permittee. Where the permittee is a company, firm, or corporation, the acceptance must be signed by a person having the legal authority to bind the permittee.