Division 8 — PERMITS

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

Any person who stores any hazardous material shall obtain and keep current a hazardous materials storage permit issued pursuant to this article. One (1) 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 13.20.330, 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 thirty (30) days to apply for an additional approval for the storing of a new or different hazardous material with the same hazard class as stated on the existing permit approvals where such storage does not increase the hazard of fire or explosion or the hazard of the production of flammable or poisonous gas. Storage of new or different hazardous materials, not meeting all of these criteria, shall require the prior additional approval.

(Code 1968, § 35.080.005)

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 Enforcing Officer. In addition to the information required by such form, applicant shall submit the hazardous materials management plan required by section 13.20.405 and construction plans, if any, in conformity with section 13.20.305. The applicant shall specify the permit quantity limit requested to be permitted for each storage facility.

(Code 1968, § 35.080.010)

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 article.

(Code 1968, § 35.080.015)

If the officer to whom application has been made has cause to deny the application for a permit required by this division and determines that it would not be feasible or in the public interest to approve a temporary or provisional permit, then the officer shall deny the application.

(Code 1968, § 35.090.005)

A permit shall be denied if the applicant fails to demonstrate adequate conformity to the provisions of this article; in addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to division 9 of this article.

(Code 1968, § 35.090.010)

The decision to deny the application for a permit under this division shall be given to the applicant in writing, setting forth the findings upon which the decision is based.

(Code 1968, § 35.090.015)

Within thirty (30) days from the date of deposit of the decision in the mail in accordance with section 13.20.885, the applicant may appeal, in writing, to the Enforcing Officer, setting forth with particularity the ground or grounds for the appeal.

(Code 1968, § 35.090.020)

The Enforcing Officer shall set a time and place for the hearing on the appeal and shall notify the applicant, in writing, of such date and time, not later than ten (10) working days from the date the appeal was received by the Enforcing Officer. The hearing shall be conducted within thirty (30) days from the date the appeal was received by the Enforcing Officer.

(Code 1968, § 35.090.025)

After the hearing on the appeal, the Enforcing Officer may refer the matter back to the originating officer for a new investigation and decision, may affirm the decision of the originating officer, may approve a provisional permit as provided in section 13.20.680 or may approve the application with or without conditions. The decision of the Enforcing Officer shall be subject to review under the procedures set forth in sections 6.20.065 through 6.20.085, with the Enforcing Officer substituted for the Building Official.

(Code 1968, § 35.090.030)

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

(Code 1968, § 35.080.020)

If the officer to whom application for a permit has been made under this division finds that the proposal does not completely conform the provisions of this article, the officer may approve a provisional permit, subject to conditions to be imposed by the officer, when such a 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 section 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.

(Code 1968, § 35.080.025)

A temporary permit for storage may be issued where storage does not exceed thirty (30) days and occurs no more frequently than every six (6) months. The containment standards of division 4 of this article, the hazardous materials management plan of division 5 of this article, and the inspection and records requirements of division 2 of this article may be modified as appropriate under these circumstances for the storage of hazardous materials on a nonregular temporary basis.

(Code 1968, § 35.080.030)

(a)

Generally. 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 approved under the permit, the permit quantity limit and the approved hazard class or classes for the storage facility;

(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.

(Code 1968, § 35.080.035)

(a)

When a request for an additional approval is filed as required by section 13.20.630, the procedures set forth in this article for an application for a permit shall also apply to an application for an additional 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 thirty (30) days prior to the termination of the storage of hazardous materials at the storage facility. Such closure shall be in accordance with a 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 or 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 thirty-day period may be waived by the Enforcing Officer if there are special circumstances requiring such waiver.

(Code 1968, § 35.080.040)

A permit may be issued for a term of five (5) years, excepting provisional permits which may be issued for any period of time up to six (6) months and temporary permits which may be issued for no longer than thirty (30) days.

(Code 1968, § 35.080.045)

Every application for the removal of a permit or extension of a provisional permit shall be made at least thirty (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 Enforcing Officer has made its determination pursuant

to section 13.20.710 and any administrative appeal pursuant to sections 13.20.645 through 13.20.670 has been exhausted.

(Code 1968, § 35.080.050)

The Enforcing Officer shall make a determination with regard to any application for a permit, an additional approval, or a renewal, within ninety (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 Enforcing Officer and applicant.

(Code 1968, § 35.080.055)

The Town Council shall establish fees sufficient to recover its costs in administering this article and no application shall be accepted unless and until the fees have been paid.

(1)

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

(2)

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 of the term.

(Code 1968, § 35.080.060)

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

(Code 1968, § 35.080.065)

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.

(Code 1968, § 35.080.070)

Secs. 13.20.730—13.20.800. - Reserved.