Mountain View Municipal Code Art. VII Applications and Permits

a. It shall be unlawful for any person, firm or corporation to store, use or handle any hazardous or other regulated materials in excess of the exempt amounts specified in Sec. 24.04.10. without first obtaining a permit for the storage and handling of the hazardous or other regulated materials. Furthermore, it shall be unlawful for any person, firm or corporation to store or handle hazardous or other regulated materials in quantities in excess of the quantities specified in the permit, or to violate any other requirement set forth in this Chapter or in the permit.

b. The permit for hazardous or other regulated material storage, use and handling may include the following: (1) name and address of the permitted facility; (2) mailing address; (3) issue, revision and expiration dates of the permit; (4) type of permit (full-term, temporary or provisional); (5) maximum quantities and hazard classes of hazardous or other regulated materials allowed on site at any one time; and (6) compliance directives specifying maintenance and/or upgrade requirements and dates for complying with these requirements. The permit may impose any additional terms or conditions upon the applicant which the fire chief or designee deems reasonable and necessary to carry out the purposes of this Chapter.

c. A full-term permit may be issued to the applicant if:

1. The applicant has complied with all reporting requirements of this Chapter;

2. The applicant has furnished all requested information, including a complete permit application as described in this Chapter;

3. The fire chief or designee determines there are adequate devices, equipment, chemicals, administrative controls, engineering controls and other facilities to safely store and handle the hazardous or other regulated materials;

4. The person(s) responsible for emergency spill response and control are adequately trained and capable of consistently meeting permit requirements; and

5. The applicant has paid all hazardous materials program fees.

d. Permits shall be valid for a term of no more than one (1) year (three hundred sixty-five (365) days). Permit renewal shall occur annually. The applicant shall electronically submit an accurate and complete HMBP and pay all applicable hazardous materials program fees on or before the annual renewal deadline.

e. If the officer to whom the application has been made finds the proposal does not completely conform to the provisions of this Chapter or meet the conditions of subsection 24.14.05.c. above, the officer may approve a provisional permit, subject to conditions to be imposed by the officer. The applicant must be informed in writing of the reasons why a full-term permit was not issued.

f. A permit for temporary storage may be issued where storage does not exceed thirty (30) days and occurs no more frequently than every six (6) months. The storage, use, handling and dispensing standards of Article III, the HMBP reporting requirements of Article IV and the inspection and records requirements of Article VI may be modified as appropriate under these circumstances for the storage of hazardous or other regulated materials on a nonregular basis.

g. If the officer to whom the permit application has been made has cause to deny the issuance of a full-term permit and determines it would not be feasible or in the public interest to approve a temporary or provisional permit, the officer shall deny issuance of a permit. A permit shall be denied if the applicant fails to demonstrate adequate conformity to the provisions of this chapter, or if issuance of a permit would threaten the health, safety or welfare of the community, persons, resources or property. The decision to deny the permit shall be given to the applicant in writing setting forth the findings upon which the decision is based.

h. No permit shall become effective until the permit has been signed by the fire chief or designee.

i. A change of ownership (including a transfer of the majority of shares in a corporate facility) of the hazardous materials storage facility requires the submittal of an amended permit application. 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 and all permit conditions at the time of the transfer of the business and document such transfer in writing within thirty (30) days of transfer of ownership of the business. Such transfer shall be subject to the approval of the city.

j. Any permittee desiring to store, handle or dispense hazardous or other regulated materials which are not in conformance with the hazardous materials permit shall apply for and obtain an amended permit prior to any such storage, handling or dispensing.

k. The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by the city whenever: (1) there has been any unauthorized discharge or significant reduction in the integrity of primary or secondary containment; (2) the permit is renewed; (3) significant changes in hazardous materials processes occur; (4) there is a change of one hundred (100) percent or more in the quantity or any change in the quantity range of a previously disclosed hazardous or other regulated material, or the handling of a previously undisclosed hazardous or other regulated material; or (5) the city is required to implement programs or policies required by state or federal agencies.

l. The fire chief or designee shall reinstate any suspended hazardous materials permit upon proof of the following:

1. Satisfactory ability to comply with all storage and handling requirements; and

2. The payment of costs, fines or penalties which may be assessed. The fire chief or designee may require the permit holder to develop and implement a compliance schedule for any proposed modification of permit terms and conditions.

m. Notwithstanding Sec. 24.04.10. and in addition to those materials regulated pursuant to Sec. 24.04.05., a permit shall be required for the storage in an underground storage tank as defined by California Health and Safety Code Section 25281(y) of any material defined as a hazardous substance by California Health and Safety Code Section 25316.

(Ord. No. 8.2025, § 1, 9/9/25.)

a. Applicants for a permit to store, use, handle or dispense hazardous or other regulated materials shall electronically file a HMBP and obtain approval by the city for each facility storing, using, handling or dispensing the hazardous or other regulated materials in excess of the exempt amounts specified in Sec. 24.04.10.

b. The HMBP shall serve as the basis of the hazardous materials permit application. Construction plans, specifications, calculations and other additional information may also be required as part of the application in order for the fire chief or designee to determine the storage and handling of the hazardous or other regulated materials will be conducted in a manner which meets the purposes of this Chapter.

c. Every application for the renewal of a permit or extension of a provisional permit shall be made at least thirty (30) 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.

d. 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. No. 8.2025, § 1, 9/9/25.)

a. Persons, firms or corporations storing, using, handling or dispensing hazardous or other regulated materials in amounts exceeding the exempt amounts specified in Sec. 24.04.10. shall apply for approval to close such storage facility not less than thirty (30) days prior to the termination of the storage of hazardous or other regulated materials at the storage facility. This thirty (30) day period may be reduced or waived by the city if there are special circumstances justifying such waiver. The property owner of the property upon which the storage facility exists shall be responsible for the closure in the event of the facility being abandoned or when the facility operator has not complied with Secs. 24.14.05. of this Chapter. Such closure plan shall be acceptable to the city. The closure plan shall adequately describe procedures for terminating the storage of hazardous or other regulated materials in each storage facility in a manner that:

1. Minimizes the need for further maintenance;

2. Verifies that any threat to public health or safety or to the environment from residual hazardous or other regulated materials in or from the storage facility is adequately minimized or eliminated. The basis for this verification may include, but is not limited to, visual inspections, records review, the analytical results of soil or groundwater samples, wipe samples, etc.; and

3. Demonstrates that hazardous or other regulated materials that are stored in the storage facility will be removed, disposed of, neutralized or reused in an appropriate manner and in compliance with all applicable laws, ordinances, regulations and guidelines.

b. Upon completion of the closure plan, proof of proper removal and transport of all hazardous materials, tanks, sumps, reservoirs, containers and equipment which stored, handled or dispensed hazardous or other regulated materials shall be submitted. This may include, but is not limited to, hazardous waste manifests and bills of lading.

c. Upon completion of the closure plan, the fire chief or designee may require the facility operator or property owner of facilities which stored, handled or dispensed poisonous or acutely hazardous materials to include one (1) of the following statements in the closure documentation, signed by an independent industrial hygienist:

1. "This facility has been adequately closed using currently acceptable practices and is in compliance with local, state and federal guidelines. In my professional opinion, remaining contamination (if any) poses an insignificant health risk based on the quantity, toxicity and location of the contamination as well as the proposed use and potential activities of persons on the site"; or

2. "In my professional opinion, contamination has been found which may pose a significant health risk, based on the quantity, toxicity and location of the contamination as well as the proposed use of the site and potential activities of persons on the site. Further remedial action is warranted to reduce this risk to acceptable levels and to comply with local, state and federal guidelines, regulations and laws."

(Ord. No. 8.2025, § 1, 9/9/25.)

The city shall establish fees sufficient to recover its costs in administering this Chapter and related state and federal laws and regulations referenced in this Chapter, including the cost of providing hazardous materials services and implementing the hazardous materials ordinance. These fees shall include, but not be limited to, the cost of review of HMBPs, inspections, plan checks, facility closures and other program implementation and administrative costs. The fee schedule shall be adopted by resolution of the city council. No application shall be accepted unless and until the fees have been paid. The city may collect fees charged by the County of Santa Clara or the State of California for program implementation and administration pursuant to Certified Unified Program Agency legislation (Title 27, Division 1, Subdivision 4, Chapter 1 of the California Code of Regulations).

(Ord. No. 8.2025, § 1, 9/9/25.)