Plumas County Municipal Code Ch. 13 Underground Hazardous Materials Storage Tanks

The County of Plumas hereby adopts by reference the definitions and requirements of the California Health and Safety Code (commencing at Section 25280 pertaining to underground storage of hazardous substances) and the California Code of Regulations (Water Resources Control Board, Title 23, Div. 3, Ch. 16 pertaining to underground tank regulations), as existing and hereafter amended.

(Ord. 89-704, eff. March 16, 1989, as amended by § 22, Ord. 02-968, eff. April 16, 2002)

Plumas County Environmental Health is hereby designated as the local agency responsible for administering and enforcing the provisions of this chapter, provided that the Plumas County Building Official is co-designated with respect to the construction and installation of underground storage tanks.

(Ord. 89-704, eff. March 16, 1989, as amended by § 22, Ord. 02-968, eff. April 16, 2002)

(a) No underground storage tank or facility for the storage of any hazardous substance shall be installed until a Permit to Install is first obtained from the County Building Official, after submittal of an application and the appropriate fee.

(b) No person shall operate an underground storage tank facility used for the storage of any hazardous substance without having a valid Permit to Operate, issued by County Environmental Health to the owner, after submittal of an application and the appropriate fee. A Permit to Operate is valid for a period of five years or as otherwise specified in State law.

(c) A Permit to Install shall remain in effect until a Permit to Operate is granted or denied, or the application is cancelled.

(d) No person shall temporarily or permanently close an underground storage tank facility used for the storage of any hazardous substance until a Closure Permit is first obtained from County Environmental Health, after submittal of an application and the appropriate fee at least thirty (30) days prior to closure.

(e) A permit shall not be approved until the applicant demonstrates full compliance with State and local law.

(f) Exemptions applicable under State law and regulations shall also be applicable as a basis for exemption from the provisions of this chapter.

(Ord. 89-704, eff. March 16, 1989, as amended by § 22, Ord. 02-968, eff. April 16, 2002; § 1, Ord. 18-1115, adopted November 13, 2018)

The fee schedule for underground storage tanks in the County is in accordance with the County's Master Fee Resolution.

(§ 22, Ord. 02-968, eff. April 16, 2002; § 1, Ord. 18-1115, adopted November 13, 2018)

Any person wishing to modify the terms of an existing Permit to Operate shall submit an application for amendment with the appropriate fee thirty (30) days prior to any modification of the existing permit conditions. Tank owners shall continue to comply with the conditions of an existing permit while applying for a modification.

(§ 22, Ord. 02-968, eff. April 16, 2002)

County Environmental Health shall honor any variances granted by the State Water Resources Control Board or the Regional Water Quality Control Board, providing that such variances have been issued in accordance with applicable State regulations.

(§ 22, Ord. 02-968, eff. April 16, 2002)

Permits to operate underground storage tanks are nontransferable. Upon transfer of ownership, the owner must submit an application pursuant to Section 6-13.03.

(§ 22, Ord. 02-968, eff. April 16, 2002; § 1, Ord. 18-1115, adopted November 13, 2018)

The County Environmental Health Director and designated employees shall have the authority to inspect every underground storage facility to ensure compliance with this chapter, and to take samples of water and/or soil, and to secure any records required to be maintained. When there is an immediate danger to public health and safety, the Director and designated employees shall have a right of entry onto the premises. If the person controlling the premises is absent, trespass by the inspectors is hereby authorized. Otherwise, the consent of the person controlling the premises shall be obtained, or an administrative inspection warrant shall be served.

(§ 22, Ord. 02-968, eff. April 16, 2002)

Owners of underground storage tanks holding hazardous substances, as defined in the California Health and Safety Code, are responsible for clean-up of any unauthorized releases from their tanks, piping or any other associated equipment and all related costs. In the event that the public health or safety is endangered or threatened by an unauthorized release, Plumas County Environmental Health may abate or otherwise correct the problem in accordance with State and local law, and may recover any and all costs of abatement and correction from the permittee.

(§ 22, Ord. 02-968, eff. April 16, 2002)

Any permit issued pursuant to this chapter may be revoked during its term upon one or more of the following grounds:

(a) That an "unauthorized release" has occurred as set forth in the California Health and Safety Code;

(b) That modifications have been made to the underground storage tank or facility in violation of the permit;

(c) That the holder of the permit has violated one or more conditions upon which the permit has been issued; or

(d) That the owner or operator has failed to establish and maintain financial responsibility for underground storage tank operations as prescribed by the California Health and Safety Code.

(§ 22, Ord. 02-968, eff. April 16, 2002; § 1, Ord. 18-1115, adopted November 13, 2018)

County Environmental Health may revoke a permit by issuing a written Notice of Revocation to the permittee as soon as reasonably possible. The Notice shall contain a statement of reasons and a copy of the relevant State and local laws. The revocation shall become effective fifteen (15) days after the date of service, unless the permittee files an appeal in accordance with the provisions of this chapter, in which case the revocation shall be stayed pending a final decision by the County Board of Supervisors; provided, however, that if the reason for revocation is an actual or threatened unauthorized release which in the judgment of the Environmental Health Director poses a substantial threat to health or safety, the revocation shall be effective immediately.

(§ 22, Ord. 02-968, eff. April 16, 2002)

A discretionary decision or action by the Environmental Health Director shall be subject to appeal within fourteen (14) days of its date. The interested party shall file the appeal with the Clerk of the Plumas County Board of Supervisors, with a copy served on the Environmental Health Director. The appeal shall state specifically the reasons and grounds for relief. An untimely appeal shall be deemed to have waived the right of appeal. The appeal shall proceed pursuant to Chapter 4 of Title 1 of this Code.

(§ 22, Ord. 02-968, eff. April 16, 2002)

Except for violations set forth in the California Health and Safety Code, a violation of any of the provisions of this chapter is an infraction, and each day that the violation occurs is a separate violation.

(§ 22, Ord. 02-968, eff. April 16, 2002)

The provisions of this chapter shall be enforced by any peace officer, as defined in the California Penal Code, or by the Environmental Health Director and employees designated by the Director. Such designated employees are authorized to issue citations for violations of this chapter.

(§ 22, Ord. 02-968, eff. April 16, 2002)