Chapter 17.40 — REMEDIAL ACTION

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, willful misrepresentation, or any willful, inaccurate or false statement in applying for a new or renewed permit;

(b) Fraud, willful misrepresentation, or any willful, inaccurate or false statement in any report required by this title;

(c) Violation of any of the terms or conditions of a permit;

(d) Failure to abate, correct or rectify any noncompliance within the time specified in the notice of noncompliance;

(e) Failure to correct conditions constituting an unreasonable risk or an unauthorized discharge of hazardous materials within a reasonable time after notice from a governmental entity other than city;

(f) Failure to abide by the remedial action imposed by the city;

(g) Failure to pay any applicable fees;

(h) Failure to apply for or timely obtain a permit required by this title;

(i) Failure to report an unauthorized discharge;

(j) A change in any condition that requires modification or termination of the operation of an underground storage tank.

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

Unless the fire chief finds that an immediate suspension or other action under Section17.40.040 is necessary to protect the public health or safety from imminent danger, the fire chief shall issue a notice of noncompliance:

(a) For failure to comply with the provisions of this title, any permit conditions or any provisions of the hazardous materials management plan; or

(b) Before taking remedial action pursuant to Section 17.40.010(e);

Such notice shall be given in writing to the responsible person in person or by mail. If the noncompliance is not abated, corrected, or rectified within the time specified, remedial action may be taken.

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

A notice of hearing shall be given to the responsible person by the fire chief 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. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Whenever the fire chief finds that suspension of a permit and/or other emergency action prior to a hearing for remedial action is necessary to protect the public health or safety from imminent danger, the fire chief may immediately suspend any permit and order any and all actions necessary to protect the public health or safety from imminent danger, pending the hearing for remedial action. The fire chief shall immediately notify a responsible person of such suspension or other action by having a written notice of the suspension or other action personally served on a responsible person. The responsible person shall have the opportunity for a preliminary hearing with regard to such prehearing suspension or other action within three working days of receiving written notice of such action.

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

If the fire chief, after the hearing, finds that cause exists for remedial action, the fire chief may impose one or more of the following:

(a) An order to correct the particular noncompliance specified in the notice issued pursuant to Section17.40.020;

(b) A revocation of the permit for the facility or for a storage facility and approval of a provisional permit;

(c) Suspension of the permit for the facility or for a storage facility for a specified period not to exceed six months;

(d) Modification or addition of conditions of the permit;

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

If the grounds for remedial action are based on subsections (c), (d), (e) or (f) of Section17.40.010 and if such grounds are limited to one storage facility, the remedial action taken shall be limited to that storage facility.

The city shall revoke the permit for an underground storage tank if the owner or operator is not in compliance with Article 3 (commencing with Section 25299.30) of the California Health and Safety Code on the date three months after the date on which the owner or operator first becomes subject to said Article 3.

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

Remedial action remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

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

The suspension, revocation or expiration of a permit issued under this title shall not prevent any proceedings to investigate such permit, nor the instituting of any other proceeding or taking remedial action against such permittee.

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

In the event that a permit issued under the provisions of this title is suspended or revoked, the permittee shall forward it to the fire chief not later than the end of the third business day after notification of such suspension or revocation.

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