Modoc County Municipal Code Ch. 8.24 Underground Storage of Hazardous Substances

It is the purpose of this chapter to implement the provisions of Chapter 6.7 of Division 20 of the Health and Safety Code of the state and Sections 2610 et seq. of Title 23 of the California Code of Regulations regarding the regulation of underground storage of hazardous substances and to establish a procedure for the issuance of permits for the use of such facilities.

(Ord. 288-A §2(part), 1992)

The branch director of environmental health is designated as the local agency responsible for administering and enforcing the provisions of this chapter and Chapter 6.7 of Division 20 of the Health and Safety Code of the State.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-2024)

A. No person shall operate a facility for the underground storage of any hazardous substance within the county except by authority of a valid permit to operate issued to the owner, and the operation of the facility shall be in conformance with the regulations adopted by the state water resources control board.

B. A person shall be deemed to operate a facility and be in violation of this section if such person, without a required permit, supervises, inspects, directs, organizes, manages, or controls or is in any way responsible for or in charge of the facility for which the permit is required.

C. This section shall not obviate the requirement to obtain valid permits pursuant to other provisions of law or to comply with other applicable ordinances, including, but not limited to, the provisions of this code.

D. The permittee may make emergency repairs to a facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five working days after such emergency repairs have been started, the permittee shall seek approval by submitting drawings or other information to the branch director of environmental health adequate to describe the repairs.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-2024)

The application for a permit shall be filed with the California Environmental Reporting System (CERS) and contain all such information as prescribed by the branch director of environmental health. Each applicant shall submit the form along with a package to comply with the requirements of the state water resources control board. Such package shall contain any alternative method to be used in monitoring and the emergency plan to be employed by the applicant at the facility.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-2024)

The branch director of environmental health shall act upon the application not later than ninety days after the date it is accepted as complete unless the applicant has filed with the branch director of environmental health written notice of a request and received written approval for an extension of the time within which action is taken on the grounds that additional time is required to prepare or present plans or other information, obtain zoning variances or other permits, or make other corrections remedying inconsistencies with the provisions of this chapter, or on the grounds that the branch director of environmental health has on file a written notice from another public agency showing just cause for an extension of time, and the branch director of environmental health has approved an extension of time pursuant thereto.

(Ord. 288-A §2 (part), 1992)

(Ord. 288-B, § I, 11-26-2024)

The term of the permit to operate shall be one year, at which time the permittee may apply in the manner prescribed in this chapter for the renewal of the permit for another one year term.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-2024)

A. The permit shall contain a complete description of the enterprise for which it is issued, the date of the permit issuance, the date of the permit expiration, a description of any and all conditions upon which the permit has been issued, written routine monitoring procedures and written response plans and the seventeen-digit state underground storage tank identification number. A copy of the permit shall be kept on the storage premises and shall be made available to the branch director of environmental health.

(Ord. 288-B §1, 1994; Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-2024)

The operator of the underground storage facility shall monitor the facility using the method specified on the permit for the facility. Methods of testing will be with the approval of the branch director of environmental health and stated on the permit. Equipment used to perform any test shall be subject to the branch director of environmental health approval. Records shall be kept in sufficient detail and be made available to enable the branch director of environmental health to determine that the operator has undertaken all monitoring activities required by the permit, this chapter, and the regulations of the water resources control board.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-24)

Owners and operators of underground storage tanks shall comply with the financial responsibility and corrective action requirements of state law as set forth in Chapter 6.75, Petroleum Underground Storage Tank Cleanup, commencing with Section 25299.10 of the California Health and Safety Code.

(Ord. 288-B §3, 1994)

A. The board of supervisors shall establish from time to time by resolution a schedule of fees for applications, inspections, transfers of ownerships, abandonments, certification, and other related fees to reimburse the county for the costs of implementing this chapter.

B. The branch director of environmental health shall collect all such fees and the state surcharge established by state law.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-24)

The branch director of environmental health shall inspect every underground storage facility along with inventory records pursuant to Section 25288 of the Health and Safety Code of the state or more frequently as deemed necessary by the branch director of environmental health.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-24)

A. Unless otherwise provided by law, any decision of the branch director of environmental health may be appealed to the board of supervisors by an interested party.

B. Any such appeal shall be in writing on a form provided by the branch director of environmental health, and shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the branch director of environmental health not later than fifteen days after the date of the decision. If an appeal is not filed within the time or in the manner prescribed in this subsection, the right to review the action against which the complaint is made shall be deemed to have been waived.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-24)

Not later than thirty days, or as soon thereafter as the matter can be heard, following the date of filing an appeal within the time and in the manner prescribed by section 8.24.110 of this chapter, the board of supervisors shall conduct a hearing on the appeal. Written notice of the time, date, and place of the hearing shall be mailed to the appellant not later than ten days preceding the date of the hearing.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-24)

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

A. That an unauthorized release has occurred pursuant to Section 25294 or 25295 of the Health and Safety Code of the State;

B. That modifications have been made to the underground storage tank or facility in violation of the permit;

C. That the holder of the permit has violated one or more conditions upon which the permit was issued;

D. Any violation of any statute, regulation, or this chapter;

E. Any action constituting a public nuisance;

F. That the permit was obtained by misrepresentation or intentional failure to fully disclose all relevant facts; or

G. That the tank owner or operator is not in compliance with the financial responsibility requirements within three months of the deadline.

(Ord. 288-B §2, 1994; Ord. 288-A §2(part), 1992)

The branch director of environmental health may revoke a permit by issuing a written notice of revocation, stating the reasons therefor, and serving the notice, together with a copy of the provisions of this chapter and Chapter 6.7 of Division 20 of the Health and Safety Code of the state, upon the permittee. The revocation shall become effective fifteen days after the date of service unless the permittee files an appeal in accordance with the provisions of section 8.24.110 of this chapter. If an appeal is filed, the revocation shall not become effective until the appeal is decided by the board of supervisors. Nothing shall preclude an immediate revocation if the public health and safety are threatened.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-24)

The branch director of environmental health shall honor any variance granted by the state water resources control board or the regional water quality control board providing such variance was issued in accordance with the regulations established by the state water resources control board, and the term of the variance is no longer than five years without review.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-24)

The penalties set forth in Section 25299 of the Health and Safety Code of the state shall apply to all violations of this chapter.

(Ord. 288-A §2(part), 1992)

A. This chapter shall be enforced by the branch director of environmental health under the direction of the board of supervisors, and by all officers named by the county department of environmental health.

B. For the purposes of enforcing or administering this chapter, the branch director of environmental health or an authorized representative of such officer, upon presentation of his credentials or, if necessary under the circumstances, after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure of the state, shall have the right of entry to any premises on which an underground storage tank is located for the purpose of inspecting such tank, including securing samples of soils therefrom, or any records required to be maintained in connection therewith by the branch director of environmental health.

(Ord. 288-A §2(part), 1992)

(Ord. 288-B, § I, 11-26-24)