Marin County Municipal Code Ch. 7.81 Certified Unified Program Agency (cupa) Underground Storage Tank Program

Footnotes:

--- (8) ---

Editor's note— Ord. No. 3525, § II, adopted Oct. 6, 2009, amended Ch. 7.81 in its entirety to read as herein set out. Former Ch. 7.81, §§ 7.81.005—7.81.135, pertained to similar subject matter and derived from Ord. No. 3490, § 2(part), adopted 2008.

This chapter shall be known as "underground storage of hazardous substances".

(Ord. No. 3525, § II, 2009)

It is the purpose of this chapter to incorporate and implement Division 20, Chapters 6.7, 6.75 and 6.11 of the California Health and Safety Code, and California Code of Regulations, Title 23, Division 3, Chapters 16 and 18 which establish standards and procedures regarding underground storage tanks and a fund for underground storage tank cleanup, to establish a procedure for issuance of permits for underground storage tanks, and to establish a procedure for enforcement of the requirements of this chapter, in order to prevent and control unauthorized discharges of hazardous substances stored underground.

(Ord. No. 3525, § II, 2009)

Except as otherwise provided, the director, or his/her designee, is charged with the responsibility of administering this chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent and express terms of this chapter as he or she deems necessary to implement such purpose, intent and express terms. No rules or regulations promulgated by the director or amendments thereof shall be enforced or become effective until thirty calendar days following the date on which the proposed rules or regulations are filed with the clerk of the board of supervisors.

(Ord. No. 3525, § II, 2009)

Except as expressly provided to the contrary, those terms referred and defined by Sections 25281 and 25299.25 of the California Health and Safety Code shall be ascribed the same meaning as used in this chapter.

A. "Administrative enforcement order (AEO)" includes any of the order variations including the expedited consent order, draft unilateral order, stipulation and order and unilateral order.

B. "California Code of Regulations" means Title 23 of the California Code of Regulations.

C. "Certified unified program agency (CUPA)" means the agency certified by the secretary to implement the unified program specified in Chapter 6.11 of the California Health and Safety Code. The public works department for Marin County is the CUPA for both the incorporated and unincorporated areas of Marin County.

D. "County" means the County of Marin, or Marin County.

E. "Director" means the Director of the Public Works Department for Marin County, or his/her designee.

F. "Facility" means any one, or a combination of, underground storage tanks used by a single business entity at a single location or site.

G. "Hazardous substance" means either of the following:

1. All of the following liquid and solid substances, unless the department of toxic substance control, in consultation with the state water resources control board, determines that the substance could not adversely affect the quality of the waters of the state:

a. Substances on the list prepared by the director of industrial relations pursuant to Section 6382 of the Labor Code.

b. Hazardous substances, as defined in Section 25316 of Chapter 6.8 of the Health and Safety Code.

c. Any substance or material that is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid.

2. Any regulated substance, as defined in subsection (2) of Section 6991 of Title 42 of the United States Code, as that section reads on January 1, 1989, or as it may subsequently be amended or supplemented.

H. "Health and Safety Code" means Chapter 6.7 of the California Health and Safety Code.

I. "Operator" means any person in control of, or having daily responsibility for, the daily operation of an underground storage tank system.

J. "Owner" means the owner of an underground storage tank.

K. "Permitting authority" means the Board of Supervisors for Marin County or its designee.

L. "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, limited liability company, or association. "Person" also includes any city, county, district, the state, another state of the United States, any department or agency of this state or another state, or the United States to the extent authorized by federal law.

M. "Public works department" means the Public Works Department for Marin County.

N. "Underground storage tank" means any one or combination of tanks, including pipes connected thereto, that is used for the storage of hazardous substances and that is substantially or totally beneath the surface of the ground. "Underground storage tank" does not include any of the following:

a. A tank with a capacity of one thousand one hundred gallons or less that is located on a farm and that stores motor vehicle fuel used primarily for agricultural purposes and not for resale.

b. A tank that is located on a farm or at the residence of a person, that has a capacity of one thousand one hundred gallons or less, and that stores home heating oil for consumptive use on the premises where stored.

c. Structures, such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons. A sump that is a part of a monitoring system required under Sections 25290.1, 25290.2, 25291, or 25292 of Chapter 6.7 of the Health and Safety Code and sumps or other structures defined as underground storage tanks under the federal act are not exempted by this subsection.

d. A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators and other similar devices.

e. Structures identified in Subsection c. and d. may be regulated by the board and any regional board pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) to ensure that they do not pose a threat to water quality.

O. "Underground tank system" or "tank system" means an underground storage tank, connected piping, ancillary equipment and containment system, if any.

(Ord. No. 3525, § II, 2009)

Except as otherwise expressly provided by this chapter, all requirements, limitations and exemptions contained in Chapters 6.7, 6.11 and 6.75 of the Health and Safety Code (commencing with Section 25280) and Chapters 16 and 18, Division 3, Title 23 of the California Code of Regulations, as under this chapter, and are hereby incorporated herein by reference. The public works department is hereby designated pursuant to Section 25283 of the Health and Safety Code as the agency responsible for implementation and enforcement of Chapters 6.7, 6.75 and 6.11 of the Health and Safety Code and Title 23, Division 3, Chapters 16 and 18 of the California Code of Regulations.

(Ord. No. 3525, § II, 2009)

A. No person shall own or operate an underground storage tank or tank system, as defined, within the County of Marin unless by authority of a valid certified unified program agency operating permit issued to the owner or operator pursuant to the provisions of this chapter, except as otherwise provided in subdivisions (c) and (d) of Sections 25283.5 and 25284 of the Health and Safety Code.

B. Such operating permit(s) are site, facility and owner specific and may not be transferred to other owners or locations. Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit has been previously issued shall have thirty days after the date of assumption of ownership to apply for a new operating permit. During the period from the date of application until the operating permit is issued or denied, the person shall not be held to be in violation of this section.

C. An operating permit issued pursuant to this chapter for an underground storage tank installed on or before December 22, 1988, shall require compliance with Section 25292 of the Health and Safety Code. A permit issued pursuant to this chapter for an underground storage tank installed after December 22, 1988, shall require compliance with Section 25291 of the Health and Safety Code.

D. This section does not obviate the requirement to obtain valid permits pursuant to Titles 16 and 19 of this Code, or compliance with other applicable ordinances, including, but not limited to the Marin County Zoning Code.

(Ord. No. 3525, § II, 2009)

A. Permit. No person will install an underground storage tank or underground storage tank system within the County of Marin unless by authority of a valid permit for such installation, issued to the owner or operator pursuant to the provisions of this chapter. Activities authorized under the permit shall be completed within ninety days of permit approval.

B. Extension of permit. The director may, in his/her discretion, extend the completion date one time, for ninety days. Activities authorized under the permit will be completed within ninety days of permit approval.

(Ord. No. 3525, § II, 2009)

A. Permit. No person will modify an underground storage tank or underground storage tank system within the County of Marin unless by authority of a valid permit for such modification issued to the owner or operator pursuant to the provisions of this chapter. Activities authorized under the permit will be completed within ninety days of permit approval.

B. Extension of permit. The director may, in his/her discretion, extend the completion date one time, for ninety days. Activities authorized under the permit will be completed within ninety days of permit approval.

(Ord. No. 3525, § II, 2009)

A. Permit. No person will close in place an underground storage tank or underground storage tank system within the County of Marin unless by authority of a valid permit for such closure in place, issued to the owner or operator pursuant to the provisions of this chapter.

B. Permit application. An application for a closure in place permit must be applied for within thirty days of ceasing operation of the underground storage tank. All closure in place permits will be evaluated on a case-by-case basis. Activities authorized under the permit will be completed within ninety days of permit approval.

C. Extension of permit. The director may, in his/her discretion, extend the completion date one time, for ninety days. Activities authorized under the permit will be completed within ninety days of permit approval.

(Ord. No. 3525, § II, 2009)

A. Permit. No person will remove an underground storage tank or underground storage tank system within the County of Marin unless by authority of a valid permit for such removal, issued to the owner or operator pursuant to the provisions of this chapter. The application for the removal of an underground tank or underground tank system shall be submitted within thirty days of ceasing operation of the tank or tank system. Activities authorized under the permit will be completed within ninety days of permit approval.

B. Extension of permit. The director may, in his/her discretion, extend the completion date one time, for ninety days. Activities authorized under the permit will be completed within ninety days of permit approval.

(Ord. No. 3525, § II, 2009)

All applications for a permit under this chapter, including applications for renewal or extension of permits, shall be filed with the director.

(Ord. No. 3525, § II, 2009)

Application for a permit under this chapter shall be filed on a form provided by and shall contain such additional information as requested by the director.

(Ord. No. 3525, § II, 2009)

The permitting authority hereby designates the director as its designee for the issuance of permits.

(Ord. No. 3525, § II, 2009)

A permit will not be issued, renewed or extended if the director, upon inspection of the underground storage tank or underground tank system, determines that it does not comply with this chapter. A permit may not be issued, renewed or extended if the applicant has not paid the local fees and state surcharges assessed pursuant to Chapter 7.80 of Title 7 of this Code and Section 7.81.100 of this chapter.

(Ord. No. 3525, § II, 2009)

Permits issued pursuant to this chapter shall be subject to conditions imposed by the board and such additional conditions as the director determines are necessary to promote the purposes and objects of Chapters 6.7 and 6.75 of the Health and Safety Code, and of this chapter.

(Ord. No. 3525, § II, 2009)

The term of an operating permit issued pursuant to the provisions of this chapter shall be from date issued until December 31st of the year in which the permit was issued.

(Ord. No. 3525, § II, 2009)

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

A. Violation of any of the terms or conditions of the permit, including nonpayment of fees;

B. Obtaining the permit by misrepresentation or intentional failure to fully disclose all relevant facts;

C. A change in any condition that requires modification or termination of the operation of the underground storage tank; or

D. Violation of any provision of this chapter, including the state laws and regulations incorporated by reference in this chapter.

(Ord. No. 3525, § II, 2009)

The director may revoke, modify or suspend a permit by issuing a written notice stating the reasons therefore, and serving same together with a copy of the provisions of this chapter, upon the holder of the permit. The revocation, modification or suspension shall become effective fifteen days after service of the notice, unless the holder of the permit enters into a settlement agreement with the director or appeals the notice in accordance with the provisions of Section 7.81.135. If such an appeal is filed, the revocation, modification or suspension shall not become effective until a final decision on the appeal is issued.

(Ord. No. 3525, § II, 2009)

A business or facility which operates or conducts an enterprise at more than one address or location shall apply for and comply with all requirements necessary to obtain a separate permit issued pursuant to this chapter for each location where an enterprise is maintained. Each place where a different street address is assigned to an enterprise shall be deemed to constitute prima facie separate location. With respect to an enterprise conducted at a single location whose operation involves the operation and maintenance of an underground storage tank in functions which are different from each other, or involves functions that are separated by significant physical distances, the public works department may, in its discretion, require more than one permit and as many permits as it deems necessary and appropriate to effectively administer the provisions of this chapter.

(Ord. No. 3525, § II, 2009)

Fees associated with permits and other regulatory functions under this chapter are prescribed by Title 7, Chapter 7.80.020 of this Code.

(Ord. No. 3525, § II, 2009)

It shall be unlawful for any person to violate any provision of Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code or this chapter. Each and every day a violation of Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code or this chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation. Any violation of this chapter, or of Chapter 6.5 (commencing with Section 25280 of the Health and Safety Code) constitutes a public nuisance and may be abated as such, the remedies and penalties provided by this chapter shall be in addition to any other remedies and penalties provided by law including remedies pursuant to Marin County Code Chapter 1.05.

(Ord. No. 3525, § II, 2009)

A. Pursuant to Section 25404.1.1 of the Health and Safety Code, if the director determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, directive, variance, or other requirement that the director is authorized to enforce or implement pursuant to this chapter, the director may issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty as specified in Section 7.81.115 hereof.

B. By written policy the director shall adopt procedures for enforcing this chapter. Such procedures shall contain those elements required by, and shall be consistent with the provisions stated in Section 25404.1.1 of the Health and Safety Code, or any successor statute thereto. The administrative enforcement procedures adopted shall not be exclusive, but are cumulative with all other remedies available by law and under this chapter.

(Ord. No. 3525, § II, 2009)

A. For violations defined in Section 7.81.105 of this chapter, violators shall be subject to the applicable civil penalties provided in subdivisions (a) through (f) of Section 25299 of the Health and Safety Code.

B. Any person who violates the requirements of Sections 7.81.030, 7.81.035, 7.81.040, 7.81.045 and 7.81.050 of this chapter, shall be guilty of a misdemeanor, punishable by fine not to exceed one thousand dollars, or by imprisonment for a period not exceeding six months, or both.

(Ord. No. 3525, § II, 2009)

When any person has engaged in, is engaged in, or threatens to engage in, any acts or practices which violate this chapter, or any resolution, rule or regulation adopted pursuant to this chapter, the Office of the County Counsel for Marin County, or those parties as specified in Section 25299.02 of the Health and Safety Code, may apply to any court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance.

(Ord. No. 3525, § II, 2009)

A. The director may issue a cease and desist order requiring the owner or operator of any facility, or any other person responsible for any violation of this chapter, to take any of the following actions:

1. Immediately discontinue any prohibited discharge of a hazardous material.

2. Immediately discontinue any other violation of this chapter.

3. Satisfactorily remediate the area affected by the violation.

B. The director may issue an administrative enforcement order, pursuant to Section 7.81.095 of this chapter, if it has been determined that an owner or operator has not complied with any or all provision(s) of any cease and desist order.

(Ord. No. 3525, § II, 2009)

Whenever the term "hearing authority" is utilized in this chapter, it shall be deemed to refer to one or more persons listed below who is assigned the responsibility of conducting a hearing:

A. County management personnel who the county executive finds are qualified by training and experience to conduct such hearings;

B. Any person or persons, qualified by training or experience, who the county executive may employ or who are retained by contract to conduct such hearings; or

C. Administrative law judges assigned to the State of California Office of Administration Hearings. The county executive is hereby authorized to contract in the name of the county for the retention of hearing services at rates which do not exceed financial limitations established by the county's annual budget.

(Ord. No. 3525, § II, 2009)

Pursuant to subdivisions (d) through (h) of Section 25404.1.1 of the Health and Safety Code, any person served with an order pursuant to this chapter who has been unable to resolve any violation with the public works department, may within fifteen days after service of the order, request a hearing by filing a notice of defense with the director.

If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.

(Ord. No. 3525, § II, 2009)