Chapter 10 — CERTIFIED UNIFIED PROGRAM AGENCY, UNDERGROUND

STORAGE OF HAZARDOUS SUBSTANCES*

*Note--Chapter 10, Underground Storage of Hazardous Substances, Sections 68.1001--68.1011, added by Ord. No. 6753 (N.S.), effective 5-10-84; title amended by Ord. No. 9293 (N.S.), effective 1-12-01; Chapter 10 amended by Ord. No. 10927 (N.S.), effective 1-10-25.

Cross reference(s)--Hazardous and medical wastes, § 68.505; additional locally-required information on hazardous compressed gases, carcinogens and reproductive toxins, § 68.1113; hazardous waste establishments (Certified Unified Program Agency), § 68.901 et seq.; hazardous materials inventory and response plans, § 68.1101 et seq.; medical wastes, § 68.1201 et seq.

The Department is hereby designated pursuant to Section 25283 of the California Health and Safety Code as the agency responsible for implementation and enforcement of Chapters 6.7 and 6.75 of Division 20, California Health and Safety Code.

(Amended by Ord. No. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) No person shall own or operate an underground storage tank within the County of San Diego unless by authority of a valid, unexpired, unsuspended and unrevoked unified program facility permit containing an underground storage tank operating permit element for the unified program facility on which the tank is located, issued to the owner or operator pursuant to the provisions of this Chapter.

(b) Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit element has been issued shall have 30 days after the date of assumption of ownership to apply for an operations permit or, if accepting a transferred operating permit element, shall submit to the Director the completed form accepting the obligations of the transferred operating permit element. During the period from the date of application until the operating permit element is issued or refused, the person shall not be held to be in violation of this section.

(c) A person shall be deemed to operate an underground storage tank if the person in effect supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the facility for which a permit is required.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 9859 (N.S.), effective 6-15-07, operative 7-1-07; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Permit. No person shall install, repair, replace, modify, upgrade, close or remove an Underground Storage Tank (U.S.T.) within the County of San Diego, unless by authority of a valid, unexpired, unsuspended and unrevoked unified program facility permit containing a U.S.T. Installation, Repair, Replacement, Modification, Upgrade or Closure Element, respectively for such installation, repair, replacement, modification, upgrade, closure or removal, issued to the owner or operator pursuant to the provisions of this Chapter. For the purpose of this section, the underground storage tank includes connected piping and any associated monitoring systems. The U.S.T. Installation, Repair, Replacement, Modification, Upgrade, or Closure Element is valid for 180 days from the date of issue. Fees paid for plan check and inspections for the Element are not refundable after this 180-day period.

(b) Timing of Inspections. Each permit element issued shall specify a deadline for the owner or operator to make the facility available for inspection by the County in a condition that will allow the County to verify correct completion of the activities authorized by the permit. Failure or refusal of the owner or operator to make the facility available prior to this deadline shall constitute a violation of this Ordinance and shall be subject to the penalties set out in Division 8 of Title 1 of this code, for each day after the missed deadline. Such violations shall also be grounds for revocation of the Operating Permit Element.

If an Operating Permit Element is revoked, a new permit fee must be paid to reinstate that Element, so that the required

inspection can be performed.

(c) Timing of Closure. An owner or operator of an underground storage tank must apply for a unified program facility permit containing a U.S.T. Closure Element, or, if the owner/ operator has a unified program facility permit, the owner/operator must apply to modify the permit to include a U.S.T. Closure Element to the permit within 90 days of ceasing operation of the underground storage tank. Activities authorized under the U.S.T. Closure Element shall be completed within 180 days of permit approval or modification. The Director may, in his/her discretion, extend the completion date one time, for up to 180 days.

(d) The expiration of the permit Element may be extended one time, for 180 days, with payment of the required Plan Extension Fee.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 9524 (N.S.), effective 1-10-03; amended by Ord. No. 9530 (N.S.), effective 3-14-03; amended by Ord. No. 9859 (N.S.), effective 6-15-07, operative 7-1-07; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

All applications for a new unified program facility permit shall be filed with the Director pursuant to Section68.906 et seq. All applications to modify existing unified program facility permits shall be filed with the Director pursuant to Section 68.908.2.

(Amended by Ord. No. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7301 (N.S.), effective 6-11-87; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10065 (N.S.), effective 8-13-10; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord. No. 9293 (N.S.), effective 1-12-01)

A unified program facility permit containing an underground storage tank installation, repair, replacement, modification, upgrade, or closure element will not be issued, renewed, or extended if the Director, upon inspection of the underground storage tank, determines that it does not comply with the requirements of State law or the requirements of this Chapter. An underground storage tank permit may not be issued, renewed, or extended if the applicant has not paid the local fees and state surcharges assessed pursuant to Division 5 of Title 6 of this Code.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Applicants who are delinquent in filing the application and obtaining the required permit to operate or paying the annual fee shall be subject to payment of the original fee plus late fees. Delinquent fees will be specified in Section 65.105 of the County Code of Regulatory Ordinances. Failure to pay the annual fee shall automatically revoke the permit to operate. 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.

(Amended by Ord. No. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7301 (N.S.), effective 6-11-87; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

It shall be unlawful for any person to violate any provision of this Chapter and such violations shall include violations of Chapter 6.7 and 6.75 of Division 20 of the California Health and Safety Code. Such violation shall be a misdemeanor and shall be subject to any of the penalties set forth in Section 68.1012.

(a) Each and every day a violation of this Chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each violation and punished accordingly.

(Amended by Ord. No. 7301 (N.S.), effective 6-11-87; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

In addition to penalties provided in State law, the following criminal, civil and administrative civil penalties apply to violations of this Chapter.

(a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1000), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(b) Administrative Civil Penalties. In addition to any other remedies provided by County Code or state law, any person who violates any provision of this Chapter, including the state laws and regulations incorporated in this Chapter, shall be liable for an administrative civil penalty to be imposed by the Director. The amount of the penalty shall not be more than five thousand dollars ($5000) for each day of violation. Any person who knowingly violates any provision of this Chapter, after reasonable notice of the violation, is liable for an administrative civil penalty of not more than ten thousand dollars ($10,000) for each day of violation. Where the violation would otherwise be an infraction, the amount of the administrative civil penalty shall not exceed the maximum fine or penalty amounts of infractions set forth in subsection (b) above.

(c) Penalty Factors. In determining the civil, criminal and administrative civil penalties imposed pursuant to this Chapter, all relevant circumstances shall be considered, including but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, if any, taken by the violator.

(d) Separate Remedies. Each civil, criminal or administrative civil penalty imposed pursuant to this Chapter for any separate violation shall be separate, and in addition to, any other provision of law and does not supersede or limit any and all other legal remedies and penalties, civil, administrative or criminal which may be applicable under other laws.

(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Notice of Penalty and Opportunity for Hearing. Notice of any administrative civil penalty shall set forth the alleged acts or failures to act that constitute a basis for liability and the amount of the proposed administrative civil penalty. The notice of administrative civil penalty shall be served by personal service or certified mail and shall inform the party so served that the administrative civil penalty imposed shall be administratively reviewed by the Hearing Authority before it is enforced if a request for hearing is timely filed. The notice shall also specify the procedure for requesting a hearing before the Hearing Authority.

(b) Administrative Review. If a party desires administrative review of the administrative civil penalty imposed by the Director, it shall request a hearing by timely filing a written request pursuant to the provisions of Section 68.1017 of this Chapter. A hearing shall be conducted by the Hearing Authority pursuant to Section 68.1017 of this Chapter unless the party has waived the right to a hearing or has entered into a settlement agreement with the Director. A party waives the right to a hearing by so stating in writing or by failure to file with the Director a written request for hearing within fifteen (15) days after service of the notice of opportunity for hearing.

(c) Effective Date. Where the party has waived the right to a hearing or where the party has entered into a settlement agreement, the administrative civil penalty shall not be subject to review by any court, the Hearing Authority or any other agency and shall be effective 15 days after notice of the penalty is served. Where a hearing has been held, the penalty shall be effective 20 days after the decision of the Hearing Authority becomes final.

(d) Judicial Review. The manner of contesting the final order of the Hearing Authority concerning any administrative civil penalty is governed by Government Code Section 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code Section 53069.4 upon the County of San Diego shall be by service upon the Clerk of the Board of Supervisors.

(e) Collection. Payment of the penalty shall be made within 30 days from when the penalty became effective. In addition to all remedies herein contained, the County of San Diego may pursue all reasonable and legal means in collecting administrative civil penalties.

(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

When any person has engaged in, is engaged in or is about to engage in any acts or practices which violate this Chapter, or any resolution, rule or regulation adopted pursuant to this Chapter, the Office of the County Counsel or District Attorney for San Diego County may apply to any court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance.

(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The Director, pursuant to Section 68.1013 of this Chapter, may adopt a written settlement agreement process for the settlement of violations of this Chapter, which shall take into consideration the penalty factors set forth in Section 68.1012(c) of this Chapter.

(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Any operating permit element issued pursuant to this Chapter may be revoked, modified or suspended during its term, upon one or more of the following grounds:

(a) Violation of any of the terms or conditions of the operating permit element, including nonpayment of fees;

(b) Obtaining the operating permit element by misrepresentation or intentional failure to fully disclose all relevant facts;

(c) A change in any condition that requires modification or termination of the operation of the underground storage tank; or

(d) Violation of any provision of this Chapter, including the state laws and regulations incorporated by reference in this Chapter.

(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The Director may revoke, modify or suspend an operating permit element pursuant to Section68.912 and follow by issuing a written notice stating the reasons therefor, and serving same together with a copy of the provisions of this Chapter, upon the holder of the operating permit element. The revocation, modification or suspension shall become effective 15 days after service of the notice, unless the holder of the operating permit element enters into a settlement agreement with the Director or appeals the notice in accordance with the provisions of Section 68.913. If such an appeal is filed, the revocation, modification or suspension shall not become effective until a final decision on the appeal is issued.

(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Except as otherwise provided, the Director, or their designee, is charged with the responsibility of administering this Chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent and express terms of this Chapter as he or she deems necessary to implement such purposes, intent and express terms. No rules or regulations promulgated by the Director or amendments thereof shall be enforced or become effective until thirty calendar days following the date on which the proposed rules or regulations are filed with the Clerk of the Board of Supervisors.

(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)