Humboldt County Municipal Code Div. 6 Hazardous Materials

Purpose and Intent. Definitions. Administrative Penalty. Issuance of Complaint. Service of Complaint. Waiver of Hearing. Hearing. Evidence at Hearing. Right of Representation. Recording. Assessing Amount of Penalty. Findings, Decision and Order. Judicial Review. 561-1. Purpose and Intent. The purpose of this chapter is to establish a written policy and procedures for the administrative enforcement of violations of Article 1 of Chapter 6.95 of Division 20 of the Health and Safety Code (Hazardous Materials Release Response Plans and Inventory; hereinafter referred to as “Article 1”). This chapter is intended to carry out the requirements of state law as set forth in section 25514.6 of the Health and Safety Code. (Ord. 1975, § 1, 6/9/1992) 561-2. Definitions. (a) “Department” means the Humboldt County Health Department. (b) “Director” means the Director of the Humboldt County Health Department or his/her designee. (Ord. 1975, § 1, 6/9/1992)

561-3. Administrative Penalty. Any business which violates Article 1 is civilly liable to the County of Humboldt for an administrative penalty, in an amount not greater than Two Thousand Dollars ($2,000.00) for each day in which the violation occurs. Any business that knowingly violates Article 1 after reasonable notice of the violation is civilly liable to the County of Humboldt, in an amount not greater than Five Thousand Dollars ($5,000.00) for each day in which the violation occurs. (Ord. 1975, § 1, 6/9/1992) 561-4. Issuance of Complaint. The Director of Environmental Health or his/her designee may issue a complaint to any person on whom civil liability may be imposed pursuant to Section 13009.6, 25514 or 25514.5 of the Health and Safety Code. The complaint shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. (Ord. 1975, § 1, 6/9/1992) 561-5. Service of Complaint. The complaint shall be served by personal service or certified mail and shall inform the party so served (hereinafter referred to as “respondent”) that a hearing shall be conducted within sixty (60) days after the party has been served, unless the hearing is waived. Written notice of the time and place of hearing shall be provided with the complaint, or separately by notice mailed at least fifteen (15) days prior to the date set for hearing. The time of hearing may be changed by agreement of the parties. (Ord. 1975, § 1, 6/9/1992) 561-6. Waiver of Hearing. If the respondent waives the right to a hearing, the Department shall issue an order, signed by the Director setting liability in the amount proposed in the complaint, unless the respondent and the Department have entered into a settlement agreement, in which case the order shall set liability in the amount specified in the settlement agreement. Any order issued pursuant to the provisions of this section shall be final, and shall not be subject to review by any court or agency. (Ord. 1975, § 1, 6/9/1992) 561-7. Hearing. If the hearing is not waived by the respondent, and no settlement agreement has been reached, then a hearing shall be held within sixty (60) days after service of the complaint. The time and place of hearing shall be as noticed in writing, but shall be no sooner than fifteen (15) days following service of the complaint. The hearing shall be conducted by a hearing officer designated by the Director. The hearing officer shall be impartial and shall not have actively participated in the matter scheduled before him/her. (Ord. 1975, § 1, 06/09/1992)

All hearings shall be open to the public. At the request of either party, and in the sound discretion of the hearing officer, witnesses who have not testified may be excluded from the hearing room until such time as they are called to testify. (Ord. 1975, § 1, 6/9/1992) 561-8. Evidence at Hearing. Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issue; to impeach any witness; and to rebut evidence. The hearing need not be conducted according to technical rules of evidence, and any relevant evidence may be admitted if it is the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing officer shall control the manner in which the hearing is conducted, including the order in which evidence is presented, and the admission and exclusion of evidence. Irrelevant and unduly repetitious evidence may be excluded. (Ord. 1975, § 1, 6/9/1992) 561-9. Right of Representation. Either party may be represented by counsel or other representative at the hearing. (Ord. 1975, § 1, 6/9/1992) 561-10. Recording. All hearings shall be tape recorded, and the recordings maintained by the Director for a period of two years following issuance of a decision. Either party may request a stenographic reporter to record the proceedings. The cost of the reporter shall be at the expense of the requesting party, and arrangements for the reporter shall be made by said party. (Ord. 1975, § 1, 6/9/1992) 561-11. Assessing Amount of Penalty. In assessing the civil penalty, the hearing officer shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator. (Ord. 1975, § 1, 6/9/ 1992) 561-12. Findings, Decision and Order. After conducting any hearing required by this chapter, the hearing officer shall, within thirty (30) days after the case is submitted, issue a written decision, including findings of fact and a proposed order setting the amount of civil penalty to be imposed. The decision and proposed order shall be forwarded to the Director, who shall, on behalf of the Department, sign and issue the order as proposed or as modified. Orders setting civil liability shall become effective and final upon issuance thereof, and payment shall be made within thirty (30) days of issuance. Copies of these orders shall be served by personal service or by certified mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy. (Ord. 1975, § 1, 6/9/1992) 561-13. Judicial Review. Within thirty (30) days after service of a copy of a decision issued by the Health Department, any person so served may file with the superior court a petition for writ of mandate for review of the decision. The filing of a petition for writ of mandate shall not stay any accrual of any penalties assessed pursuant to this chapter. Any person who fails to file the petition within this thirty-day period may not challenge the reasonableness or validity of a decision or order of the hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies. (Ord. 1975, § 1, 6/9/1992) Chapter 1 – § 571-1. § 571-2. § 571-3. § 571-4. § 571-5. § 571-6. § 571-7. § 571-8.