Chapter 17.32 — APPLICATION FOR PERMIT

Any person who stores any hazardous material shall obtain and keep current a hazardous materials storage permit issued pursuant to this title. One or more such permits shall be issued for a facility according to the administrative convenience of the fire chief. Additional approvals shall be obtained for any storage facility thereafter connected, installed, constructed, repaired as required by Section 17.12.060, substantially modified, replaced, closed, or removed, or for any change in or addition to hazardous materials stored not in accordance with the prior approval. Notwithstanding the above, permittee shall have thirty days to apply for an additional approval for the storing of a new or different hazardous material with the same hazard class as stated on the existing permit approvals where such storage does not increase the hazard of fire or explosion or the hazard of the production of flammable or poisonous gas. Storage of new or different hazardous materials, not meeting all of these criteria, shall require the prior additional approval.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Application for a new, amended, or renewed permit or an additional approval shall be made to the fire chief on the form provided by city. In addition to the information required by such form, applicant shall submit the hazardous materials management plan required by Section 17.16.010 and construction plans, if any, in conformity with Section 17.12.010. Applicant shall specify the permit quantity limit requested to be permitted for each storage facility.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

The fire chief may make such investigation of the applicant and the proposed facility or activity as the fire chief deems necessary to carry out the purposes of this title.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

A permit shall not be approved until the fire chief is satisfied that the storage approved adequately conforms to the provisions of this title.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

If the fire chief finds that the proposal does not completely conform to the provisions of this title, the fire chief may approve a provisional permit, subject to conditions to be imposed by the fire chief, when such a provisional permit is feasible and does not appear to be detrimental to the public interest. The applicant must be informed in writing of the reasons why a full-term permit was not issued.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (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 Chapter 17.12, the hazardous materials management plan of Chapter 17.16 and the inspection and records requirements of Chapter 17.28 may be modified as appropriate under these circumstances for the storage of hazardous materials on a nonregular temporary basis.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

(a) Issuance. Upon the approval of a temporary, provisional, or full-term permit by the fire chief and upon the payment of any applicable fee, the city shall issue and deliver the permit to the applicant. Such permit shall contain the following information:

(1) The name and address of the permittee for purposes of notice and service of process;

(2) The address of the facility for which the permit is issued;

(3) Authorization of any and all storage facilities approved under the permit, the permit quantity limit or limits and the approved hazard class or classes for each storage facility;

(4) The date the permit is effective;

(5) The date of expiration;

(6) When applicable, a designation that the permit is provisional or temporary;

(7) Any special conditions of the permit.

(b) Records. The fire chief shall keep a record of all permits issued and all conditions attached thereto.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

(a) When a request for an additional approval is filed as required by Section17.32.010, the procedures set forth in this title for an application for a permit shall also apply to such 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 request is for closure of a storage facility, 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. 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) Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials in the storage facility is minimized or eliminated; 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. This thirty-day period may be waived by the city if there are special circumstances requiring such waiver.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

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

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (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 fire chief has made a determination pursuant to Section 17.32.110 and any administrative appeal pursuant to Section 17.32.180 has been exhausted.

(Ord. 4066 § 7, 1992: Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

The fire chief 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 fire chief and applicant.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

The city council, in the municipal fee schedule, shall establish fees sufficient to recover the city's costs in administering this title, including, but not limited to, the cost of permitting and inspection responsibilities. The fees set pursuant to this section may be based on the city's overall direct and indirect costs of administering this title, and need not reflect any specific services provided for, or with respect to, any individual person. The established permit fee(s) shall be due and payable each year for all facilities for which permits are required, whether or not application has been made for such permit(s).

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

(b) Refund of Fees. 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. 4002 § 1 (part), 1990: Ord. 3435 § 1 (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 title at the time of the transfer of the business and document such transfer on a form provided by city within thirty days of transfer of ownership of the business. Such transfer shall be subject to the approval of the fire chief.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (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. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

If the fire chief 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 fire chief shall deny the application.

(Ord. 4002 § 1 (part), 1990: Ord. 3793 § 2, 1988)

A permit shall be denied if the applicant fails to demonstrate adequate conformity to the provisions of this title. In addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to Chapter 17.40.

(Ord. 4002 § 1 (part), 1990: Ord. 3793 § 3, 1988)

The determination of the fire chief to approve or deny the application shall be mailed to the applicant and to any other person making a written request for such notice. The written determination shall set forth the findings upon which the determination is based.

(Ord. 4066 § 8, 1992: Ord. 4002 § 1 (part), 1990: Ord. 3793 § 4, 1988)

(a) An appeal may be taken to the city manager or the designee of the city manager by any person aggrieved or affected by any determination of the fire chief to approve or deny a permit under this title.

(b) An appeal shall be in writing and shall be filed with the city clerk within ten days after the date of the mailing of the notice of the determination of the fire chief pursuant to Section 17.32.170. The appeal shall set forth the grounds for the appeal and shall be accompanied by a fee as prescribed by the municipal fee schedule.

(c) Upon the filing of the appeal, the city manager shall set a date for a public hearing on the appeal, which hearing shall be held within thirty days of the date of the filing of the appeal. Notice of the hearing shall be given by first class mail to the appellant and to the applicant and to such other persons who have filed a written request for such notice with the city clerk.

(d) Upon the date set for the hearing, the city manager or the designee of the city manager shall conduct a public hearing thereon, which may be continued from time to time. Upon conclusion of the hearing on the appeal, the manager or designee shall either uphold, in whole or in part, or make modifications to, the decision of the fire chief, or reverse the determination of the fire chief. The decision of the city manager or designee shall be final.

(e) If approved by the city manager or designee, the permit shall be effective immediately. Notice of the manager's or designee's decision shall be mailed to the original applicant, appellant, and to any other person who has filed a written request for such notice with the city clerk.

(Ord. 4066 § 9, 1992)