Morgan Hill Municipal Code Art. IX Recordkeeping and Inspections

All records required by this chapter shall be maintained by the permittee for a period of not less than three years. The records shall be made available to the city during normal working hours and upon reasonable notice.

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

A. The city may conduct inspections, at its discretion, for the purpose of ascertaining compliance with this chapter and causing to be corrected any conditions which would constitute any violation of this chapter or of any other statute, code, rule or regulation affecting the storage of hazardous materials.

B. Permittees are not required to disclose the identity of hazardous materials protected as trade secrets pursuant to Section 8.40.770 of this chapter to anyone other than the official designated for that purpose pursuant to subsection (C)(3) of Section 8.40.770 of this chapter, except in the case of an emergency response or an unauthorized discharge related to the storage facility in which the trade secret material is contained. Therefore, the permittee may put temporary coverings over the labels of trade secret materials during the course of city inspections conducted by other than the city official so designated.

C. In order to carry out the purpose of this chapter the city may, at any reasonable hour of the day, or as authorized pursuant to duly issued inspection warrants under Sections 1822.50 and following of the Code of Civil Procedure do any of the following:

1. Enter and inspect any storage facility, factory, plant, construction site, waste disposal site, transfer station, establishment or any other place or environment where hazardous materials are stored, handled, processed, disposed of, or being treated to recover resources;

2. Carry out any sampling activities necessary to carry out this chapter, including obtaining samples from any individual or taking samples from the property of any person or from any vehicle in which a city officer reasonably believes has transported or is transporting hazardous material. However, upon request, split samples shall be given to the person from whom, or from whose property or vehicle, the samples were obtained if a sufficient volume of the sample exists to allow both quantification and characterization of the sample;

3. Stop and inspect any vehicle reasonably suspected of transporting hazardous materials when accompanied by a uniformed peace officer in a clearly marked vehicle;

4. Inspect, copy, photograph, videotape, or audiotape any records, reports, test results, or other information required to carry out this chapter;

5. Photograph or videotape any material, material container, material container label, vehicle, material or waste treatment process, waste disposal site, or any condition found during an inspection which constitutes or causes or allows to cause a violation of law.

During any such inspection, the inspector shall comply with all reasonable security, safety and sanitation measures. In addition, the inspector shall comply with reasonable precautionary measures specified by the storage facility operator. Whenever photographs and/or videotapes have been taken pursuant to subsection (C)(4) or (C)(5) above, the department shall comply with all procedures established pursuant to Health and Safety Code Section 25173 and shall notify the person whose facility was photographed/videotaped prior to public disclosure of the photographs/videotape, and, upon request of that person, shall submit a copy of any photograph and/or videotape to that person for the purpose of determining whether trade secret information, as defined in Health and Safety Code Section 25173, or facility security, would be revealed by the photograph. "Public disclosure," as used in this section, shall not include review of the photographs/videotape by a court of competent jurisdiction or an administrative law judge.

D. Further, with respect to adjacent property as described herein, or as authorized pursuant to duly issued inspection warrants under Sections 1822.50 and following of the Code of Civil Procedure, in order to carry out the purposes of this chapter, the city, at any reasonable hour of the day, may enter and inspect any real property which is within two thousand feet of a hazardous materials storage facility and do any of the following:

1. Obtain samples of the soil, vegetation, air, water, and viota of or beneath the land;

2. Set up and maintain monitoring equipment for the purpose of assessing or measuring the actual or potential migration of hazardous wastes on, beneath or toward the land;

3. Survey and determine the topography and geology of the land;

4. Photograph or videotape any equipment, sample, activity, or environmental condition described in subsection (D)(1), (D)(2) or (D)(3). The photographs or videotapes shall be subject to the requirements of Health and Safety Code Section 21573.

E. The city may require permittee(s), or if permittee(s) is unable or unwilling, the property owner, to remove any designated hazardous wastes, as defined by California Health and Safety Code Section 25125, as amended, only in the presence of an officer of the city.

(Ord. 1082 N.S. § 17, 1992; Ord. 947 N.S. § 7, 1989: Ord. 849 N.S. § 10, 1987; Ord. 636 N.S. (part), 1983)

All inspections specified in this chapter shall be at the discretion of the city and nothing in this chapter shall be construed as requiring the city to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this chapter shall be construed to hold the city or any officer, employee or representative of the city responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

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

Whenever necessary for the purpose of investigating or enforcing the provisions of this chapter, or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon any premises, any condition which constitutes a violation of this chapter, such officers may enter such structure or premises at all reasonable times to inspect the same, or to perform any duty imposed upon any of such respective officers by law; provided, that if such structure or premises be occupied, the officer shall first present proper credentials and request entry; provided further, that if such structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person from such firm or corporation and request entry, except in emergency circumstances. If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry.

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

The permittee shall conduct regular inspections of its own facilities to assure compliance with this chapter and shall maintain logs or file reports in accordance with its hazardous materials management plan. The inspector conducting such inspections shall be qualified to conduct such inspections.

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

In addition to the inspections specified in this chapter, the city may require the periodic employment of special inspectors to conduct an audit or assessment of the permittee's facility to make a hazardous material safety evaluation and to determine compliance with the provisions of this chapter.

A. The special inspector shall be a qualified person or firm who shall demonstrate expertise to the satisfaction of the city.

B. The special inspection report shall include an evaluation of the facilities and recommendations consistent with the provisions of this chapter where appropriate. A copy of the report shall be filed with the city at the same time that it is submitted to the permittee.

C. The permittee shall, within thirty days of such report, file with the city a plan to implement all recommendations, or shall demonstrate to the satisfaction of the city why such recommendations shall not be implemented.

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

An inspection by an employee of any other public agency may be deemed by the city as a substitute for any requirement in this chapter.

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