Los Altos Hills Municipal Code Art. 8 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 chapter. One such permit shall be issued for a single facility. Additional approvals shall be obtained for any storage facility thereafter connected, installed, constructed, repaired as required by Section 4-8.306, 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 30 days to apply for an additional approval for the storing of a new or different hazardous material with the sat hazard class as stated on the existing permit approvals where such storage does not increase the hazard of fire or explosion or the hazard the production of flammable or poisonous gas. Storage of new different hazardous materials, not meeting all of these criteria, shall require the prior additional approval.

(Added by Ord. 284, § 2)

Application for a new, amended, or renewed permit or an additional approval shall be made to the designated officer on the form provided by the officer. In addition to the information required by such form, applicant shall submit the hazardous materials management plan required by Section 4-8.401 and construction plans, if any, in conformity with Section 4-8.301. Applicant shall specify the permit quantity limit requested to be permitted for each storage facility.

(Added by Ord. 284, § 2)

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 chapter.

(Added by Ord. 284, § 2)

A permit shall not be approved until the issuing officer is satisfied that the storage approved adequately conforms to the provisions of this chapter.

(Added by Ord. 284, § 2)

If the officer to whom an application has been made finds that the proposal does not completely conform to the provisions of this chapter, the officer may approve a provisional permit, subject to conditions to be imposed by the officer, when provisional permit is feasible and does not appear to be detrimental to the public interest. Such permit shall not be issued unless the applicable minimum requirements of Section 25284 or 25284.1 of Chapter 6.7 of Division 20 of the Health and Safety Code have been complied with. The applicant must be informed in writing of the reasons why a full term permit was not issued.

(Added by Ord. 284, § 2 (part); amended by Ord. 287, § 6)

Temporary permit for storage may be issued where storage does not exceed 30 days and occurs no more frequently than every six months. The Containment Standards of Article 3, the Hazardous Materials Management Plan of Article 7 and the Inspection and Records requirements of Article 4 may be modified as appropriate under these circumstances for the storage of hazardous materials on a non-regular temporary basis.

(Added by Ord. 284, § 2)

(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 and deliver 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(s) approved under the permit, the permit quantity limit(s) and the approved hazard class or classes for the storage facility(s);

(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 officer shall keep a record of all permits issued and all conditions attached thereto.

(Added by Ord. 284, § 2)

(a) When a request for an additional approval is filed as required by Section 4-8.801, the procedures set forth in this chapter for an application for a permit shall also apply to an application 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 30 days prior to the termination of the storage of hazardous materials at the storage facility. Such closure shall be in accordance with the 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 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 30 day period may be waived by the officer if there are special circumstances requiring such waiver.

(Added by Ord. 284, § 2)

A permit may be issued for a term of five years, except in provisional permits which may be issued for any period of time up to six months and temporary permits which may be issued for no longer than 30 days.

(Added by Ord. 284, § 2)

Every application for the renewal of a permit or extension of a provisional permit shall be made at least 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 the officer has made its determination pursuant to Section 4-8.811 and any administrative appeal pursuant to Article 9 has been exhausted.

(Added by Ord. 284, § 2)

The officer shall make a determination with regard to any application for a permit, an additional approval, or a renewal, within 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 the officer and the applicant.

(Added by Ord. 284, § 2)

The City shall establish fees by resolution sufficient to recover its costs in administering this chapter and no application shall be accepted unless and until the fees have been paid.

(a) Delinquent Fees. All permit fees delinquent for 30 days or more shall be subject to an additional charge to be determined by the officer which shall be added to the amount of the fee collected.

(b) Refund of Fees. No refund or rebate of a permit 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 the term.

(Added by Ord. 284, § 2)

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

(Added by Ord. 284, § 2)

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.

(Added by Ord. 284, § 2)