Humboldt County Municipal Code Div. 10 Coal and Petroleum

Intent. Definitions. Prohibition on Storage and/or Handling of Coal or Petroleum Coke. Exemptions. Violations; Declaration of a Nuisance; Abatement. Exceptions. Conflicting Provisions. 5101-1. Intent. (a) This division is intended to protect and promote the health, safety, and welfare of the County’s citizens, visitors, and workers by reducing the release of pollutants into the environment as a result of coal and petroleum coke storage and handling. This division is also intended to reduce the public health, safety, or welfare impacts (including, without limitation, adverse impacts to property values, aesthetics, and economic interests) caused by the storage and handling of coal and petroleum coke. (b) This division bans the establishment and/or expansion of storage and handling of coal and/or petroleum coke on County-owned property. (Ord. 2689, Att. 1 § 1, 2/8/2022)

5101-2. Definitions. As used in this division, the following terms have the following meanings: “Coal” means a solid, brittle, carbonaceous rock classified as anthracite, bituminous, subbituminous, or lignite by the American Society for Testing and Materials (“ASTM”) designation D388-77. “Petroleum coke” means a solid carbonaceous residue produced from a coker after cracking and distillation from petroleum refining operations, including such residues produced by petroleum upgraders in addition to petroleum refining. “Property owned by the County of Humboldt” means property in which the County of Humboldt holds a proprietary interest to include fee, trust, or leasehold interests in land non-State or Federally owned. To the extent the County possesses a leasehold interest in lands affected by this division, this division shall apply solely to County agents, invitees, and licensees. “Store or handle,” or “storing or handling,” or “storage or handling” means to allow or maintain any pile, including without limitation covered and uncovered piles, piles located above ground, underground, or within containers, or to load, unload, stockpile, or otherwise handle and/or manage, temporarily or permanently, coal and/or petroleum coke. “Small amounts of coal or petroleum coke” means twenty-five (25) pounds or less stored or handled in a twenty- four (24) hour period. (Ord. 2689, Att. 1 § 1, 2/8/2022) 5101-3. Prohibition on Storage and/or Handling of Coal or Petroleum Coke. The storage and handling of coal and petroleum coke on any property owned by the County of Humboldt is prohibited. (Ord. 2689, Att. 1 § 1, 2/8/2022) 5101-4. Exemptions. The following noncommercial uses are exempt from the provisions of Section 5101-3: residential, educational, scientific, recreational, religious, craft or cultural uses in which persons store or handle small amounts of coal or petroleum coke. (Ord. 2689, Att. 1 § 1, 2/8/2022) 5101-5. Violations; Declaration of a Nuisance; Abatement. Any use that fails to comply with or violates any provision of this division is hereby declared to be an unlawful nuisance. Any use declared to be a nuisance pursuant to this section is subject to the abatement procedures and penalties including but not limited to those established in Division 5 of Title III of this Code. (Ord. 2689, Att. 1 § 1, 2/ 8/2022)

5101-6. Exceptions. (a) The provisions of this division are not applicable to the extent, but only to the extent, that they would violate the Constitution or laws of the United States or of the State of California. (b) Any person claiming to be adversely affected by an unlawful or unconstitutional application of this division may apply to the County Administrative Officer for an exception, setting forth the basis for the application and requesting an exception. The County Administrative Officer or her/his designee must respond in writing within twenty-one (21) days, granting or denying the exception. Such determination of exception shall be published to the County of Humboldt website. (c) Within ten (10) calendar days after publication of the determination of exception, any determination by the County Administrative Officer that an exception will be granted or denied may be appealed by any person aggrieved by such action to the Board of Supervisors. If no appeal is filed, the County Administrative Officer’s decision is final. (d) The Clerk of the Board will set the appeal for hearing before the Board of Supervisors at a regular or special meeting within sixty (60) calendar days and give notice to the applicant, the appellant, and by publication pursuant to Government Code § 6061 not less than ten (10) days prior to the hearing. The hearing will be conducted de novo. The Board may continue the hearing from time to time. The Board’s findings and determination on the appeal will be final and conclusive. (Ord. 2689, Att. 1 § 1, 2/8/2022) 5101-7. Conflicting Provisions. Where a conflict exists between the requirements in this division and applicable requirements contained in other provisions of this Code, the applicable requirements of this division prevail. (Ord. 2689, Att. 1 § 1, 2/8/2022) § 5111-1. § 5111-2. § 5111-3. § 5111-4. § 5111-5. TITLE V – HEALTH AND SAFETY