Millbrae Municipal Code Art. X Remedial Action

A permit may be subjected to remedial action for any of the following causes, arising from the acts or omissions of the permittee, either before or after a permit is issued:

A. Fraud, wilful misrepresentation, or any wilful inaccurate or false statement in applying for a new or renewed permit;

B. Fraud, wilful misrepresentation, or any wilful inaccurate or false statement in any report required by this chapter;

C. Failure to abate, correct or rectify any noncompliance within the time specified in the notice of noncompliance;

D. Failure to correct conditions constituting an unreasonable risk of an unauthorized discharge of hazardous materials within a reasonable time after notice from a governmental entity other than the officer;

E. Failure to abide by the remedial action imposed by the officer.

(1976 Code § 4-13.1001; Ord. 476 § 2)

A. Unless the officer finds that an immediate suspension under MMC § 4.65.580 is necessary to protect the public health or safety from imminent danger, the officer shall issue a notice of noncompliance:

1. For failure to comply with the provisions of this chapter, any permit conditions or any provisions of the hazardous materials management plan; or

2. Before instituting remedial action pursuant to MMC § 4.65.550(D), such notice shall be sent by certified mail to permittee.

(1976 Code § 4-13.1002; Amended by Ord. 480 § 7; Ord. 476 § 2)

A notice of hearing shall be given to the permittee by the officer in writing, setting forth the time and place of the hearing, the ground or grounds upon which the remedial action is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be given at least fifteen days prior to the hearing date.

(1976 Code § 4-13.1003; Ord. 476 § 2)

Whenever the officer finds that suspension of a permit prior to a hearing for remedial action is necessary to protect the public health or safety from imminent danger, the officer may immediately suspend any permit pending the hearing for remedial action. The officer shall immediately notify the permittee of such suspension by having a written notice of the suspension personally served on the permittee. Permittee shall have the opportunity for a preliminary hearing with regard to such prehearing suspension within three working days of receiving written notice of such suspension.

(1976 Code § 4-13.1004; Ord. 476 § 2)

If the officer, after the hearing, finds that cause exists for remedial action, the officer shall impose one or more of the following:

A. A warning;

B. An order to correct the particular noncompliance specified in the notice issued pursuant to MMC § 4.65.560;

C. A revocation of the permit for the facility or for a storage facility and approval of a provisional permit;

D. Suspension of the permit for the facility or for a storage facility for a specified period not to exceed six months;

E. Modification or addition of conditions of the permit;

F. Revocation of the permit with no reapplication permitted for a specified period not to exceed five years.

If the grounds for remedial action are based on MMC § 4.65.550(C), (D) or (E) and if such grounds are limited to one storage facility, the remedial action taken shall be limited to that storage facility.

(1976 Code § 4-13.1005; Ord. 476 § 2)

Within ten days of the hearing the officer shall render a written opinion, stating the findings upon which the decision is based and the action taken, if any. The decision of the officer shall be the final administrative determination and is subject to judicial review.

(1976 Code § 4-13.1006; Ord. 476 § 2)

The suspension, revocation or expiration of a permit issued under this chapter shall not prevent any proceedings to investigate such permit, any remedial action against such permittee or any proceeding against such permittee.

(1976 Code § 4-13.1007; Ord. 476 § 2)

In the event that a permit issued under the provisions of this chapter is suspended or revoked, the permittee shall forward it to the issuing officer not later than the end of the third business day after notification of such suspension or revocation.

(1976 Code § 4-13.1008; Ord. 476 § 2)