Monterey County Municipal Code Ch. 10.67 Hazardous Materials Emergency Response

Under Section 15210 of the California Code of Regulations, Title 27. Division 1, Subdivision 4, Chapter 1, each Certified Unified Program Agency (CUPA) shall implement a Single Fee System which shall replace, within its jurisdiction, all fees currently mandated in Health and Safety Code, Sections 25205.14 and any other fees levied by a local agency specifically to fund the implementation of the programs specified in Health and Safety Code Section 25404. Section 15210 (a)(1) CCR allows the Single Fee System to be used to charge fees for program which are not listed as Unified Program elements in Health and Safety Code, Section 25404(c), if those programs are incorporated into the Unified program. The Monterey County Health Department, Division of Environmental Health is designated as the Certified Unified Program Agency (CUPA) by the State of California for Monterey County and each of the cities. Hazardous Materials Emergency Response is a program that was incorporated into the Unified program at the time of designation by the State.

(Ord. 4223 § 1 (part), 2003)

A. In the wake of the events of September 11, 2001, the number of Hazardous Materials Emergency Response requests increased dramatically.

B. The cities of Seaside and Salinas, through their respective fire departments, have operated, funded and maintained, for many years, the only Hazardous Materials Emergency Response Teams capable of responding to hazardous materials incidents (releases, spills, etc.) within the unincorporated areas and within each incorporated city.

C. City officials from Seaside and Salinas have expressed concerns regarding the equity associated with the expectation that two cities should bear the entire financial burden of providing this critical Hazardous Material Response capability.

D. A range of funding options have been explored under the auspices of the County's Operational Area Coordinating Council (OACC).

E. A Hazardous Material Surcharge is being created involving the use of the Monterey County Health Department, and its status as the Certified Unified Program Agency (CUPA), as the mechanism to levy a surcharge on permitted businesses regulated by the Monterey County Health Department's Environmental Health Division.

F. Most, if not all of the regulated businesses handle materials that have the potential to necessitate a Fire Hazardous Material Emergency Response.

G. Over two thousand (2,000) businesses that are a potential hazardous materials risk are required under the terms of their permits to have Hazardous Materials Response Plans on file with the Health Department's Environmental Health Division. Therefore, the Health Department currently has the administrative structure in place to collect the surcharge, pursue cost recovery from responsible parties and to act as a "pass-through" for disbursements to the cities of Seaside and Salinas as reimbursement for costs incurred.

H. This Chapter is necessary to protect the public health, safety and welfare of the residents of Monterey County.

(Ord. 4223 § 1 (part), 2003)

A. This Chapter is intended to provide the means to fund and maintain Hazardous Materials Emergency Response capability within the unincorporated area of Monterey County and incorporated cities of Monterey County.

B. The surcharge will be used to fund the ongoing cost to equip, train, and maintain the response capabilities of the Salinas and Seaside Fire Departments Hazardous Materials Emergency Response Teams, or future Fire Hazardous Emergency Response Teams and to improve the County's capacity to provide fire agencies with real time information regarding the presence of hazardous materials at the site of any structural fire and/or incident to which they are called to respond.

(Ord. 4223 § 1 (part), 2003)

Words used in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular included the plural and the plural singular.

A. "CUPA" Certified Unified Program Agency means the local agency that has been designated by the State to implement the six mandated hazardous materials programs throughout the County and within each city.

B. "Environmental Health Hazardous Materials Permitted Businesses" means those subject to California Health and Safety Code, Section 25500 and 25520—25536, pertaining to hazardous materials registration, and must obtain an annual Hazardous Materials Permit.

C. "Fire Hazardous Emergency Response" means an occurrence or event, either human-cause or a natural phenomenon that requires action by either Salinas Fire Hazardous Materials Emergency Response Team or Seaside Fire Hazardous Materials Emergency Response Team personnel, or future Fire Hazardous Emergency Response Teams, to prevent or minimize loss of life or damage to property and/or natural resources.

D. "General Environmental Health Permitted Businesses" means those businesses that are required by local, state and/or federal laws and regulations to obtain a permit or registration from the Health Department/Division of Environmental Health and use, store and handle hazardous materials that may necessitate a Fire Hazardous Material Emergency Response.

E. "Hazardous materials" means any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the CUPA has a reasonable basis for believing that it would be injurious to health and safety of persons or harmful to the environment if releases into the workplace or the environment.

F. "Surcharge" means the component of the permitted business operating permit fee that will be used to fund and maintain Hazardous Materials Emergency Response capability within the unincorporated areas of the County and within each of the incorporated cities.

(Ord. 4223 § 1 (part), 2003)

A. Those identified General Environmental Health Permitted Businesses that are subject to an annual operating permit or registration fee as prescribed by Chapter 10.04 of the Monterey County Code, and that use, store or otherwise handle hazardous materials that may necessitate a Fire Hazardous Material Emergency Response, shall pay an annual surcharge in the amount prescribed by Chapter 10.04 of the Monterey County Code.

B. All Environmental Health Hazardous Materials Permitted Businesses subject to California Health and Safety Code, Section 25500 and 25520—25536, pertaining to hazardous materials registration, shall pay an annual surcharge in the amount prescribed by Chapter 10.04 of the Monterey County Code.

C. The payment of the annual surcharge is a condition of the required operating permit for those identified permitted businesses. If the annual surcharge is not paid within the prescribed time, the required operating permit will not be issued and the permittee shall immediately discontinue operating the facility or function of the facility to which the permit applies, until the required annual surcharge is paid.

(Ord. 4223 § 1 (part), 2003)

The Director may, in specific cases, grant a variance from any provision of the standards as set forth in this Chapter, or incorporated into this Chapter by reference if the Director finds that special circumstances exist in a particular case and that practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any such standard, and that the granting of such a variance would not grant a special privilege, or defeat the purposes of this Chapter.

(Ord. 4223 § 1 (part), 2003)

A. Within ten (10) calendar days of the final written determination of the Director, and transmittal thereof, the permittee may file an appeal with the Board of Supervisors of any final determination of the Director made pursuant to this Chapter.

B. Any person whose application for any permit authorized by this Chapter has been denied, or granted conditionally, or whose permit has been suspended or revoked, may appeal to the Board of Supervisors, in writing, within ten (10) days after such denial, conditional granting, suspension or revocation. Such appeal shall specify grounds upon which the appeal is based, and shall be accompanied by a filing fee of twenty-five dollars ($25.00). The Clerk of the Board shall set the appeal for hearing at the earliest practicable time, and shall notify the appellant and the Director, in writing, of the date and time, at least five days prior to the hearing. After such hearing, the Board of Supervisors may affirm, reverse, or modify the order or determination appealed from.

(Ord. 4223 § 1 (part), 2003)

The provisions of this Chapter shall be enforced pursuant to California Health and Safety Code Section 25404 et. seq., as may be amended from time to time and, incorporated herein by this reference.

(Ord. 4223 § 1 (part), 2003)

The Department after a hearing noticed and conducted as provided in Section 25404 of the California Health and Safety Code, may suspend or revoke any permit issued pursuant to this Chapter if the Department determines pursuant to the hearing that the permittee is not complying with the conditions of the permit, this Chapter, or any regulation, standard, or order issued or adopted thereunder, or that the permittee has made a false statement or representation on any application, record, or report maintained, or submitted for purposes of compliance with this Chapter. (Authority: California Health and Safety Code Section 25404.1.1 et. seq., as may be amended from time to time.)

(Ord. 4223 § 1 (part), 2003)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases may be declared invalid.

(Ord. 4223 § 1 (part), 2003)

If this Chapter is found to be in conflict with any other Chapter, Section, Subsection, or Title, the provisions of this Chapter shall prevail.

(Ord. 4223 § 1 (part), 2003)