Marin County Municipal Code Ch. 7.83 Certified Unified Program Agency (cupa) Hazardous Waste Generator Program

Footnotes:

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Editor's note— Ord. No. 3525, § IV, adopted Oct. 6, 2009, amended Ch. 7.83 in its entirety to read as herein set out. Former Ch. 7.83, §§ 7.83.005—7.83.115, pertained to similar subject matter and derived from Ord. No. 3490, § 2(part), adopted 2008.

This chapter shall be known as "hazardous waste generator program".

(Ord. No. 3525, § IV, 2009)

It is the purpose of this chapter to incorporate and implement Division 20, Chapters 6.5 (commencing with Section 25100) and 6.11 of the California Health and Safety Code and Title 22 of the California Code of Regulations. The provisions of these codes establish the authority for the regulation and permitting of facilities that generate, store or treat hazardous wastes. It is also the purpose of this chapter to establish the procedures for the enforcement of these laws.

(Ord. No. 3525, § IV, 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, § IV, 2009)

Except as expressly provided to the contrary, those terms referred and defined by Sections 25110 and 25124 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. "Business" means the conduct of activity and is not limited to a commercial or proprietary activity.

C. "Board" means the Board of Supervisors for Marin County.

D. "California Code of Regulations" means Title 22 of the California Code of Regulations.

E. "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.

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

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

H. "Hazardous waste facility" means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units.

I. "Health and Safety Code" means Chapter 6.5 of the California Health and Safety Code.

J. "Operator" means the person responsible for the overall operation of the facility.

K. "Owner" means the person who owns a facility or part of a facility.

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

M. "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, federal government, or any department or agency thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.

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

O. "Secretary" means the Secretary of the California Environmental Protection Agency.

(Ord. No. 3525, § IV, 2009)

Except as otherwise expressly provided by this chapter, all requirements, limitations and exemptions contained in Chapter 6.5 (commencing with Section 25100) of the Health and Safety Code and Title 22 of the California Code of Regulations, as under this chapter, are hereby incorporated herein by reference. The public works department is hereby designated pursuant to subdivision (a)(1)(C) of Section 25404 of the Health and Safety Code as the agency responsible for implementation and enforcement of Chapter 6.5 (commencing with Section 25100), and the regulations adopted pursuant thereto with the exception of sections applicable to persons operating transportable treatment units.

(Ord. No. 3525, § IV, 2009)

A. No person shall own or operate a business within the County of Marin that generates, handles, stores or treats hazardous waste unless by authority of a valid permit for such ownership or operation issued to the owner or operator pursuant to the provisions of this chapter.

B. Such a permit is site, business and owner specific and may not be transferred to other owners or locations. Any person assuming ownership of a hazardous waste facility 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 permit. During the period from the date of application until the permit is issued or denied, the person shall not be held to be in violation of this section.

C. This section does not obviate the requirement to obtain valid permits pursuant to Titles 16 and 17 of this Code, or compliance with other applicable ordinances, including, but not limited to the Marin County Zoning Code.

(Ord. No. 3525, § IV, 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, § IV, 2009)

Application for a permit under this chapter, including application for renewal or extension of a permit, shall be filed on a form or forms provided by and containing such information as prescribed by the director.

(Ord. No. 3525, § IV, 2009)

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

(Ord. No. 3525, § IV, 2009)

A permit will not be issued or renewed if the director, upon inspection of the hazardous waste facility, determines that it does not comply with this chapter and/or has not paid the local fees and state surcharges assessed pursuant to Chapter 7.80 of Title 7 of this Code and Section 7.83.080 of this chapter.

(Ord. No. 3525, § IV, 2009)

Permits issued pursuant to this chapter shall be subject to such conditions imposed by the public works department and such additional conditions as the director determines are necessary to promote the purposes and objects of Chapter 6.5 (commencing with Section 25100) of the Health and Safety Code, Title 22 of the California Code of Regulations and of this chapter.

(Ord. No. 3525, § IV, 2009)

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

(Ord. No. 3525, § IV, 2009)

Any permit issued pursuant to this chapter may be revoked 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 results in or requires modification or termination of the operation of the facility; or

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

(Ord. No. 3525, § IV, 2009)

The director may revoke a permit by issuing a written notice stating the reasons for the revocation 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 7.83.125 of this chapter. If such an appeal is filed, the revocation shall not become effective until a final decision on the appeal is issued.

(Ord. No. 3525, § IV, 2009)

Fees associated with permits and other regulatory functions under this chapter are prescribed by Section 7.80.030, Chapter 7.80 of Title 7 of this Code.

(Ord. No. 3525, § IV, 2009)

It shall be unlawful for any person to violate any provision of Chapter 6.5 (commencing with Section 25100) of the Health and Safety Code, Title 22 of the California Code of Regulations and of this chapter. Each and every day a violation of Chapter 6.5 (commencing with Section 25100) of the Health and Safety Code, Title 22 of the California Code of Regulations, and 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) is a public nuisance and may be abated as such, in accordance with applicable law and Marin County Code Chapter 1.05.

(Ord. No. 3525, § IV, 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, 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 7.83.105 hereof.

B. By written policy, the director shall adopt procedures for implementing administrative enforcement actions. Such procedures shall contain those elements required by, and shall be consistent with, the provisions of 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, § IV, 2009)

A. Criminal, civil and administrative penalties as specified in Chapter 6.5 of the Health and Safety Code apply to violations defined by Section 7.83.085 of this chapter.

B. Any person who violates the requirements of Section 7.83.030 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, § IV, 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 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, § IV, 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 hazardous waste or hazardous substance.

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 7.83.100 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, § IV, 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 whom 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 Administrative 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, § IV, 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 director, 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, § IV, 2009)