Morgan Hill Municipal Code Art. III Permits and Remedial Actions Against Permits

Any person, firm or corporation which stores any hazardous material shall obtain and keep current a hazardous materials storage permit issued pursuant to the provisions of this chapter. One such permit shall be issued for a single facility. Additional approvals shall be obtained for any storage facility thereafter connected, installed, constructed or repaired as required by Section 8.40.590 of this chapter, substantially modified, replaced, closed or removed, or for any change or addition in hazardous materials stored, not in accordance with the prior approval.

(Ord. 1082 N.S. § 4, 1992: Ord. 636 N.S. (part), 1983)

Application for a new, amended or renewed permit or an additional approval shall be made to the designated officer on the form provided by the city. In addition to the information required by such form, the applicant shall submit the hazardous materials management plan required by Section 8.40.640 of this chapter and construction plans, if any, in conformity with Section 8.40.490 of this chapter. The applicant shall specify the permit quantity limit requested to be permitted for each storage facility.

(Ord. 636 N.S. (part), 1983)

A. The city will require its permit applicants and permittees to fill out, in addition to forms required for the city's own purposes under this chapter, standardized forms based on the application form and annual report form prepared by the State Water Resources Control Board as specified by California Health and Safety Code Section 25283.2, and the city will forward these forms to the State Water Resources Control Board.

B. However, where any of the information required on such standardized forms is claimed by the permit applicant or permittee as a trade secret shall leave that portion of the form submitted to city blank, except to indicate the words "trade secret," and the permit applicant or permittee shall thereafter, within ten days of submitting the incomplete form to the city, submit the completed form including the trade secret information directly to the State Water Resources Control Board. The city shall have no obligation to protect as a trade secret, any information which is furnished to it for forwarding to the State Water Resources Control Board on these standardized forms.

(Ord. 655 N.S. (part), 1983: Ord. 636 N.S. (part), 1983)

The officer to whom an application for a new or renewed permit is made may make such investigation of the applicant and the proposed facility or activity as such officer deems necessary to carry out the purposes of this chapter.

(Ord. 636 N.S. (part), 1983)

A permit shall not be approved until the issuing officer is satisfied that the storage approved adequately conforms to the provisions of this chapter and the applicant has submitted an executed agreement to reimburse the city for any and all reasonable and necessary costs of abatement of any violation of this chapter for which the applicant is held responsible by a court of competent jurisdiction. Such costs shall constitute a lien upon the applicant's real and/or personal property.

(Ord. 849 N.S. § 2, 1987: Ord. 636 N.S. (part), 1983)

If the officer to whom application has been made finds that the proposal does not completely conform to the provisions of this chapter, the officer may approve a provisional permit, subject to conditions to be imposed by the officer, when such a provisional permit is feasible, does not appear to be detrimental to the public interest and the minimum requirements of Section 25284.1 as appropriate of the Health and Safety Code have been complied with. The applicant must be informed in writing of the reasons why a full-term permit was not issued.

(Ord. 655 N.S. (part), 1983: Ord. 636 N.S. (part), 1983)

A temporary permit for storage may be issued where storage does not exceed thirty days and occurs no more frequently than every six months. The containment standards of Article V of this chapter, the hazardous materials management plan of Article VI of this chapter and the inspection records requirements of Article IX of this chapter may be modified as appropriate under these circumstances for the storage of hazardous materials on a non-regular temporary basis.

(Ord. 636 N.S. (part), 1983)

Upon the approval of a temporary, provisional or full-term permit by the officer and upon the payment of any applicable fee, the officer shall issue and deliver the permit to the applicant. The permit shall contain the following information:

A. The name and address of the permittee for purposes of notice and service of process;

B. The address of the facility for which the permit is issued;

C. Authorization of the storage facility(s) approved under the permit, the permit quantity limit(s) and the approved hazard class or classes for the storage facility(s);

D. The date the permit is effective;

E. The date of expiration;

F. When applicable, a designation that the permit is provisional or temporary;

G. Any special conditions of the permit.

(Ord. 636 N.S. (part), 1983)

The officer shall keep a record of all permits issued and all conditions attached thereto.

(Ord. 636 N.S. (part), 1983)

A. When a request for an additional approval is filed as required by Section 8.40.140 of this article, the procedures set forth in this chapter for an application for a permit shall also apply to an application for an additional approval. Each application for an additional approval shall be accompanied by an appropriate amendment to the HMMP.

B. If the additional approval is for closure of a storage facility, the permittee shall apply for approval to close such storage facility not less than thirty days prior to the termination of the storage of hazardous materials at the storage facility. The property owner of the property upon which the storage facility existed or exists is responsible for the closure in the event of the facility being abandoned or when the permittee has not complied with Sections 8.40.140 and 8.40.570 of this chapter, provided however that the permittee/storage facility owner/ operator shall not be released from their original responsibilities by such abandonment or failure to comply. Such closure shall be in accordance with a closure plan which describes procedures for terminating the storage of hazardous materials in each storage facility in a manner that:

1. Minimizes the need for further maintenance; and

2. Verifies that any threat to public health or safety or to the environment from residual hazardous materials in or from the storage facility is minimized or eliminated. Verification includes, but is not limited to, the analytical results of soil or groundwater samples; and

3. Demonstrates that hazardous materials that were stored in the storage facility will be removed, disposed of, neutralized or reused in an appropriate manner.

The thirty-day period may be waived by the city if there are special circumstances requiring such waiver.

(Ord. 1082 N.S. § 5, 1992; Ord. 849 N.S. § 3, 1987; Ord. 786 N.S. § 10, 1986; Ord. 636 N.S. (part), 1983)

A permit may be issued for a term of five years, excepting provisional permits which may be issued for any period of time up to six months and temporary permits which may be issued for no longer than thirty days.

(Ord. 636 N.S. (part), 1983)

Every application for the renewal of a permit or extension of a provisional permit shall be made at least thirty days prior to the expiration date of such permit. If a timely application for renewal has been submitted, the permit shall remain in effect until the city has made its determination pursuant to Section 8.40.230 of this article, and any administrative appeal pursuant to Sections 8.40.330 through 8.40.370 of this chapter, has been exhausted.

(Ord. 636 N.S. (part), 1983)

The city shall make a determination with regard to any application for a permit, an additional approval, or a renewal, within ninety days from the date that the application has been completed or compliance with the appropriate provisions of the California Environmental Quality Act (CEQA), has been completed, whichever occurs later. This time limit may be further extended by mutual agreement between the city and the applicant.

(Ord. 655 N.S. (part), 1983: Ord. 636 N.S. (part), 1983)

A. The city shall establish fees sufficient to recover its costs in administering the provisions of this chapter and no application shall be accepted unless and until the fees have been paid.

B. All permit fees delinquent for thirty days or more shall be subject to an additional charge to be determined by resolution of the city council which shall be added to the amount of the fee collected.

(Ord. 1082 N.S. § 6, 1992: Ord. 636 N.S. (part), 1983)

All permit fees delinquent for thirty days or more shall be subject to an additional charge to be determined by the city which shall be added to the amount of the fee collected.

(Ord. 636 N.S. (part), 1983)

No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinues the activity or use of a facility prior to the expiration of the term or that the permit is suspended or revoked prior to the expiration of the term.

(Ord. 636 N.S. (part), 1983)

The permit may be transferred to new owners of the same business only if the new owners accept responsibility for all obligations under this chapter at the time of the transfer of the business and document such transfer on a form provided by the city within thirty days of the transfer of ownership of the business. The transfer shall be subject to the approval of the city which may require proof that there is no threat to public health or safety or to the environment from residual hazardous materials from or in the storage facility. Proof might include, but is not limited to, the analytical results of soil and/or groundwater samples.

(Ord. 849 N.S. § 4, 1987: Ord. 636 N.S. (part), 1983)

No permit shall become effective until the permit has been signed and accepted by the permittee. Where the permittee is a company, firm or corporation, the acceptance must be signed by a person having the legal authority to bind the permittee.

(Ord. 636 N.S. (part), 1983)

If the officer to whom application has been made has cause to deny the application and determines that it would not be feasible or in the public interest to approve a temporary or provisional permit, then the officer shall deny the application.

(Ord. 636 N.S. (part), 1983)

A permit shall be denied if the applicant fails to demonstrate adequate conformity to the provisions of this chapter. In addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to Sections 8.40.380 through 8.40.450 of this chapter.

(Ord. 636 N.S. (part), 1983)

The decision to deny the application shall be given to the applicant in writing, setting forth the findings upon which the decision is based.

(Ord. 636 N.S. (part), 1983)

Within thirty days from the date of deposit of the decision in the mail in accordance with Section 8.40.950 of this chapter, the applicant may appeal, in writing, to the city manager, setting forth with particularity the ground or grounds for the appeal.

(Ord. 636 N.S. (part), 1983)

The city manager shall set a time and place for the hearing on the appeal and shall notify the applicant, in writing, of such date and time, not later than ten working days from the date the appeal was received by the city manager. The hearing shall be conducted within thirty days from the date the appeal was received by the city manager.

(Ord. 636 N.S. (part), 1983)

After the hearing on the appeal, the city manager may refer the matter back to the originating officer for a new investigation and decision, may affirm the decision of the originating officer, may approve a provisional permit as provided in Section 8.40.190 of this chapter, or may approve the application with or without conditions. The decision of the city manager shall be the final administrative determination and is subject to judicial review.

(Ord. 636 N.S. (part), 1983)

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 city;

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

(Ord. 636 N.S. (part), 1983)

Unless the city manager finds that an immediate suspension under Section 8.40.410 of this article is necessary to protect the public health or safety from imminent danger, the officer shall issue a notice of noncompliance:

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

B. Before instituting remedial action pursuant to subsection D of Section 8.40.380 of this article. Such notice shall be sent by certified mail to the permittee. If the noncompliance is not abated, corrected or rectified within the time specified, remedial action may be taken.

(Ord. 636 N.S. (part), 1983)

Any notice of hearing shall be given to the permittee by the city manager, 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.

(Ord. 636 N.S. (part), 1983)

Whenever the city manager 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 city manager may immediately suspend any permit pending the hearing for remedial action. The city manager shall immediately notify the permittee of such suspension by having a written notice of the suspension personally served on the permittee. The 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.

(Ord. 636 N.S. (part), 1983)

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

1. A warning;

2. An order to correct the particular noncompliance specified in the notice issued pursuant to Section 8.40.390 of this article;

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

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

5. Modification or addition of conditions of the permit;

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

B. If the grounds for remedial action are based on subsections C, D and E of Section 8.40.380 of this article, and if such permits are limited to one storage facility, the remedial action taken shall be limited to that storage facility.

(Ord. 636 N.S. (part), 1983)

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

(Ord. 636 N.S. (part), 1983)

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.

(Ord. 636 N.S. (part), 1983)

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.

(Ord. 636 N.S. (part), 1983)