Poway Municipal Code Art. II Hazardous Waste Establishments

It is the intent of the City Council that the Health Officer establish a program to monitor establishments where hazardous wastes are produced, stored, handled, disposed of, treated or recycled. It is further the intent of the City Council that the Health Officer provide health care information and other appropriate technical assistance on a 24-hour basis to emergency responders in the event of a hazardous waste incident involving community exposure.

(CC § 68.901; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

The Health Officer, in addition to his other duties, is designated as the officer to enforce the provisions of the State Hazardous Waste Control Law and the minimum standards of management of hazardous and extremely hazardous waste as specified in Chapter 30, Division 4, Title 22 of California Administrative Code pertaining to the safe production, storage, handling, disposal, treatment and recycling of such waste.

(CC § 68.902; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

It shall be the duty of the Health Officer to make periodic inspections of all hazardous waste establishments where hazardous waste and extremely hazardous waste are produced, stored, handled, disposed of, treated or recycled. Such establishments shall be referred to in PMC §§ 8.88.140 through 8.88.240 as hazardous waste establishments.

(CC § 68.903; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

The Health Officer is empowered to request all persons believed by him to be owners or operators of hazardous waste establishments to, within 30 days, complete a form specifying the person’s name, address and information concerning general hazardous waste management activities.

(CC § 68.904; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

It is unlawful for a person to establish, operate or maintain a hazardous waste establishment without first obtaining a hazardous waste establishment permit from the Health Officer. Owners and operators of permitted hazardous waste establishments shall report in writing any change of business address or change of business name. The report shall be filed with the Health Officer within 30 days of any such change.

(CC § 68.905; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

Every applicant for a permit or license required by PMC §§ 8.88.140 through 8.88.240 shall file with the Department of Health Services a written application on a form prescribed by said department. The application shall state the name and address of the applicant, the description of the property by street and number wherein or whereon it is proposed to conduct the activity for which the permit or license is required, the nature of the permit or license for which application is made, the character of the activity proposed to be conducted and such other information as the Department of Health Services may require.

(CC § 68.906; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

Every applicant for a permit or license required by PMC §§ 8.88.140 through 8.88.240 shall at the time of making application pay the annual fee prescribed for such permit or license. Such annual permit fees shall be established by resolution of the City Council.

(CC § 68.907; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

A. Upon receipt of such application, and the required fee, it shall be the duty of the Health Officer to investigate the matters set forth in such application, and the hazardous waste conditions in and about the place where it is proposed to conduct the activity specified in the application, and if it shall appear to the Health Officer that the statements contained in the application are true, and that the existing hazardous waste conditions in the place specified in said application comply with the provisions of this code and State laws, a permit or license shall thereupon be granted.

B. Such permit or license shall be subject to revocation or suspension by said Health Officer upon a showing satisfactory to said Health Officer of a violation by the holder of such permit, his employee, servant or agent, or any other person acting with his consent or under his authority, of any provision of this code or any law of the State.

(CC § 68.908; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

Applicants who are delinquent in filing the application and obtaining the required permit or license shall be subject to payment of the original fee plus late fees. Late fees will be 10 percent of the required fee if delinquent by more than 30 days. Late fees will be 100 percent of the required fee if delinquent by more than 60 days. The imposition of or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this code or any ordinance or prosecution for violation of this code or any ordinance.

(CC § 68.909; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

A. A permit or license issued pursuant to PMC §§ 8.88.140 through 8.88.240 shall expire on the last day of the month of the one year anniversary month in which the permit was issued and shall be renewed annually. At the time application is made, there shall be paid to the Department of Health Services the required annual fee, which fee is due and payable each year. The annual fee, if unpaid, is delinquent on the first day of the second month after the month in which the permit expires and thereafter a penalty equal to 10 percent of the annual fee shall be added thereto, and shall be collected at the time application for renewal is made.

B. If the annual fee and penalty is not paid the first month it is due there shall be added to and collected with the annual fee, an additional penalty equal to 10 percent of the annual fee for each month or fraction of a month during which the annual fee or any penalty continues to remain unpaid; provided, however, in no event shall the total penalty added to the annual fee pursuant to this section be more than 60 percent of the annual fee. The imposition of, or payment of the penalty imposed by this section, shall not prevent the imposition of any other penalty prescribed by this code, or any ordinance, or prosecution for violation of this code, or any ordinance.

(CC § 68.910; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)

No permit or license issued pursuant to PMC §§ 8.88.140 through 8.88.240 shall be transferable.

(CC § 68.911; Ord. 29 § 1, 1981; Ord. 95 § 2, 1983)