Imperial County Municipal Code Ch. 2 General Provisions

Pursuant to Health and Safety Code Section 25282, the county of Imperial assumes responsibility for implementation and enforcement of Health and Safety Code, Chapter 6.7 (Sections 25280 through 25299.6) "Underground Storage of Hazardous Substances" together with rules and regulations issued by the State Department of Health Services and promulgated as California Code of Regulations (CCR) Title 23, Chapter 3 Subchapter 16.

(Prior code § 91102.00)

The county of Imperial shall be the enforcement agency for the incorporated and the unincorporated areas of Imperial County. The authority designated as the responsible agency for the enforcement of this division shall be the planning and development services department (planning director) serving as lead agency in conjunction with the director of environmental health services (EHS) and the fire chief of the jurisdiction wherein the system is located, subject to the following:

A. The duties of the planning director shall include, but are not limited to, directing, administering, and enforcing all provisions of this division and California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16 as they pertain to the installation, alteration, repair, permitting, monitoring and abatement of underground facilities. The planning director shall act as the central coordinator for permitting and enforcement including reporting to state and other agencies as required. Upon locating any system that is leaking, the planning director shall immediately notify both the director of EHS and the Fire Chief.

B. The duties of the director of EHS shall include, but are not limited to, the directing and enforcement of all provisions of this division as they pertain to public health; including the disposal of contaminated materials, etc. It shall be the responsibility of the director of EHS to determine whether or not a public health hazard exists.

C. The duties of the designated fire chief will include, but are not limited to, the directing or enforcement of all provisions of this division; as they pertain to fire and emergency services.

(Amended during 2008 codification; prior code § 91102.01)

Personnel of the planning and development services department assigned to administer this division shall have the right of entry during regular business hours in the performance of their duties.

(Amended during 2008 codification; prior code § 91102.02)

There is created a board of appeals for the underground tank monitoring program consisting of seven members which shall be qualified in accordance with the following: three underground owner/operators actively involved in owning and/or operating underground tanks or systems; two laymen; one engineer or architect; and one accountant/CPA. These members shall be appointed by the board of supervisors. Of the members so appointed, all will be appointed for a term of four years. The building official or designee shall act as secretary to this board of appeals. The secretary shall maintain or cause to be maintained minutes of the meetings and shall record all proceedings before the board of appeals by mechanical means. This board of appeals may from time to time make written recommendations to the board of supervisors as to changes or additions relating to the suitability of this division and/or procedures.

(Prior code § 91102.03)

Any person aggrieved by the decision of the building official as to a matter within the purview of this division shall have the right to appeal such decision to the board of appeals in accordance with rules and regulations relating to appeal procedures adopted by the board of appeals and approved by the board of supervisors.

An appeal may be made by filing an application therefore, with the building official. Such application must be accompanied by a filing fee as specified in Division 9, of one hundred dollars ($100.00).

(Prior code § 91102.04)

The decision of the board of appeals on any appeal shall be final, unless within ten (10) days after the decision, a written appeal to the board of supervisors is filed by the applicant with the clerk of the board. The appeal shall state the reason(s) upon which the appeal is made. The appeal shall be accompanied by a filing fee of one hundred dollars ($100.00). The appeal shall be heard at a scheduled public hearing by the board of supervisors following the date of the filing of the appeal. Notice of the time and place of the hearing shall be given to the applicant by mailing such notice to him or her, postage prepaid, at his or her last known address at least five days prior to the date set for such hearing. A copy of the notice shall also be sent to the building official and to all members of the board of appeals. The board of supervisors shall not consider any appeal until the appeal has first been considered by the building board of appeals, and the appeals board has rendered a decision and filed a written report with the board of supervisors.

(Prior code § 91102.05)

State surcharge fees shall be as established by the State Legislature. These fees shall be collected by the county and forwarded to the state of California Water Resources Control Board. These fees shall be billed separately from the permit to operate fees.

(Prior code § 91102.06)

Refunds of county permit fees to owner/operator shall be authorized by the building officials providing the owner/operator has filed a written request for a refund stating the reason for the refund request. The amount to be refunded shall be determined by the building official. No refund shall be allowed for a fiscal year wherein the monitoring has already been completed.

(Prior code § 91102.07)