Lassen County Municipal Code Ch. 7.30 Underground Storage Tanks

The county of Lassen hereby adopts by reference the definitions and requirements of the California Health and Safety Code (commencing at Section 25280 pertaining to underground storage of hazardous substances) and the California Code of Regulations (Water Resources Control Board, Title 23, Division 3, Chapter 16 pertaining to underground tank regulations), as existing and hereafter amended.

(Ord. 2011-006 § 2)

(a) The Lassen County environmental health department is designated as the local agency responsible for administering and enforcing the provisions of this chapter, state laws and regulations pursuant thereto as adopted by the State Water Resources Control Board relating to underground storage of hazardous materials and substance.

(b) The Lassen County environmental health department is designated as the local agency responsible for construction and installation standards of underground storage tanks pursuant thereto Chapter 6.7 of Division 20 of the Health and Safety Code Sections 25291 and 25292.

(Ord. 2011-006 § 2)

The Lassen County environmental health department shall not approve a permit until the applicant demonstrates full compliance with all applicable state and local laws.

(Ord. 2011-006 § 2)

The Lassen County environmental health department shall honor any variances granted by the State Water Resources Control Board or the Regional Water Quality Control Board, providing that such variances have been issued in accordance with applicable state regulations.

(Ord. 2011-006 § 2)

(a) No person shall own or operate an underground storage tank facility used for the storage of any hazardous substance within the county without having a valid permit to operate issued by the Lassen County environmental health department. The applicant must submit an application to the Lassen County environmental health department, with the fee as set forth in Section 7.30.200 of this chapter.

(b) A permit shall not be approved until the applicant demonstrates full compliance with state and local law.

(c) Exemptions applicable under state law and regulations shall also be applicable as a basis for exemption from the provisions of this chapter.

(Ord. 2011-006 § 2)

(a) No underground storage tank shall be installed until a permit to install is first obtained from the Lassen County environmental health department.

(b) Any person installing an underground storage tank used for the storage of hazardous substances shall submit an application for a permit to install to the Lassen County environmental health department, with the fee as set forth in Section 7.30.200 of this chapter.

(Ord. 2011-006 § 2)

No person shall temporarily or permanently close an underground storage tank facility used for the storage of any hazardous substance until a closure permit is first obtained from Lassen County environmental health department. The facility owner/operator shall submit an application at least thirty days prior to closure along with the appropriate fee as set forth in Section 7.30.200 of this chapter.

(Ord. 2011-006 § 2)

Any person amending a permit to operate shall submit an application for amendment and fee as set forth in Section 7.30.200 of this chapter thirty days prior to any modification to the existing permit conditions. Tank owners shall continue to comply with Section 7.30.060 of this chapter while applying for a modification to the current permit conditions.

(Ord. 2011-006 § 2)

Any person renewing a permit to operate shall submit an application for renewal and fee as set forth in Section 7.30.200 of this chapter, one hundred eighty days prior to the expiration date of the current permit.

(Ord. 2011-006 § 2)

The permit to operate shall be effective for one year.

(Ord. 2011-006 § 2)

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

(a) That an "unauthorized release" has occurred as set forth in the California Health and Safety Code; or

(b) That modifications have been made to the underground storage tank or facility in violation of the permit;

(c) That the holder of the permit has violated one or more conditions upon which the permit has been issued.

(Ord. 2011-006 § 2)

The Lassen County environmental health department may revoke a permit by issuing a written notice of revocation to the permittee as soon as reasonably possible. The notice shall contain a statement of reasons and a copy of the relevant state and local laws. The revocation shall become effective fifteen days after the date of service, unless the permittee files an appeal in accordance with the provisions of this chapter, in which case the revocation shall be stayed pending a final decision by the Lassen County board of supervisors; provided, however, that if the reason for revocation is an actual or threatened unauthorized release which in the judgment of the environmental health director poses a substantial threat to health or safety, the revocation shall be effective immediately.

(Ord. 2011-006 § 2)

Any person assuming ownership of an underground storage tank which has a valid operating permit shall comply with Section 25284(c) of the California Health and Safety Code.

Consolidated operating permits are nontransferable. Upon transfer of ownership, the owner must submit an application pursuant to Section 7.30.050.

(Ord. 2011-006 § 2)

The Lassen County environmental health department shall inspect every underground storage tank facility annually or more frequently as deemed necessary.

(Ord. 2011-006 § 2)

The Lassen County environmental health director and designated employees shall have the authority to inspect every underground storage tank facility to ensure compliance with this chapter, and to take samples of water and/or soil, as well as to secure any records required to be maintained. When there is an immediate danger to public health and safety, the director and designated employees shall have a right of entry onto the premises. If the person controlling the premises is absent, trespass by the inspectors is hereby authorized.

Otherwise, the consent of the person controlling the premises shall be obtained, or an administrative inspection warrant shall be served.

(Ord. 2011-006 § 2)

Except for violations set forth in the California Health and Safety Code, a violation of any of the provisions of this chapter is an infraction, and each day that the violation occurs is a separate violation.

(Ord. 2011-006 § 2)

The provisions of this chapter shall be enforced by any peace officer, as defined in the California Penal Code, or by the environmental health director and employees designated by the director. Such designated employees are authorized to issue citations for violations of this chapter.

(Ord. 2011-006 § 2)

A discretionary decision or action by the environmental health director shall be subject to appeal no later than fifteen days after the date of the decision. The interested party shall file the appeal with the clerk of the Lassen County board of supervisors, with a copy served on the environmental health director. The appeal shall be in writing, and state specifically the reasons and grounds for relief. If an appeal is not filed within the time limit or the manner prescribed, the right to review the action against the complainant shall be deemed to have been waived.

(Ord. 2011-006 § 2)

Not later than thirty days following the date of filing an appeal, the board of supervisors shall conduct a hearing. Written notice of time, date and place shall be mailed to the applicant not later than ten days preceding the date of the hearing.

(Ord. 2011-006 § 2)

The fee schedule for underground storage tanks in Lassen County shall be as set forth in Title 3 of the Lassen County Code.

(Ord. 2011-006 § 2; Ord. 2019-07 § 4)

The Lassen County environmental health department shall recover from the tank owner any costs that exceed the fees as set forth in Section 7.30.200 of this chapter.

(Ord. 2011-006 § 2)

Owners of underground storage tanks of hazardous substances as defined in Chapter 6.7, Section 25281 of the Health and Safety Code are responsible for all cleanup costs of any unauthorized releases from their tanks, piping or any other associated equipment.

(Ord. 2011-006 § 2)