Chapter 11 — CERTIFIED UNIFIED PROGRAM AGENCY, HAZARDOUS

MATERIALS INVENTORY AND RESPONSE PLANS*

*Note--Chapter 11, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLANS, Sections 68.1101--68.1111, added by Ord. No. 7091 (N.S.), effective 3-13-86; title amended by Ord. No. 9293 (N.S.), effective 1-12-01; Chapter 11 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.; underground storage of hazardous substances, § 68.1001 et seq.; medical wastes, § 68.1201 et seq.

It is the intent of the Board of Supervisors that the Director shall implement Division 20, Chapter 6.95 of the Health and Safety Code. It is further the intent of the Board of Supervisors that the Director of the Department of Environmental Health and Quality expand the application of the Business Plan, Area Plan, other reporting, disclosure and monitoring requirements of Division 20, Chapter 6.95 of the Health and Safety Code in a manner hereinafter prescribed.

(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; amended by Ord. No. 10966 (N.S.), effective 12-18-25)

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 No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord.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

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 No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord.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

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 No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord.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

(Amended by Ord. No. 7302 (N.S.), effective 6-11-87; 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 No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord.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)

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 No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord.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

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 No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord.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

(Amended by Ord. No. 7302 (N.S.), effective 6-11-87; repealed by Ord. No. 9293 (N.S.), effective 1-12-01)

(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; repealed by Ord. No. 9293 (N.S.), effective 1-12-01)

(Amended by Ord. No. 7302 (N.S.), effective 6-11-87; repealed by Ord. No. 9293 (N.S.), effective 1-12-01)

(Amended by Ord. No. 7302 (N.S.), effective 6-11-87; 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)

Any business which handles compressed gases with an American Conference of Governmental Industrial Hygienists Threshold Limit Value (TLV) of 10 parts per million or less shall report these gases in CERS as part of their chemical inventory, in any quantity, unless the contents are an instrument calibration gas standard at a concentration below the Immediately Dangerous to Life and Health (IDLH) limits of the gas. The business shall prepare a business plan in conformance with Chapter 6.95, and shall submit said plan to the Director through CERS.

(Added by Ord. No. 8672 (N.S.), effective 5-23-96; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10733 (N.S.), effective 7-1-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Violations of this Chapter that are also violations of Chapter 6.95 of Division 20 of the Health and Safety Code are subject to the administrative, civil, and criminal penalties specified in State law. Violations of this Chapter that are not violations of Chapter 6.95 of Division 20 of the Health and Safety Code are subject to the following criminal, civil and administrative penalties:

(a) Penalty for Misdemeanor. Violations of this Chapter are misdemeanors punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(b) Civil Penalty. Any person who violates any provision of this Chapter is liable for a civil penalty of not more than two thousand dollars ($2,000) for each day, or part thereof, such violation occurs. Any person who knowingly violates any

provision of this Chapter, after reasonable notice of the violation is liable for a civil penalty of not more than five thousand dollars ($5,000) for each day, or part thereof, that such violation occurs. The County Counsel or District Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the County.

(c) Administrative Penalties. The Director may impose administrative civil penalties for violations of this Chapter in the same manner as for violations of Chapter 6.95 of Division 20 of the Health and Safety Code.

(d) Continuing Violation. 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 such violation and punished accordingly.

(Added 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. 10099 (N.S.), effective 1-7-11; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

By written policy the Department shall adopt procedures for enforcing this Chapter and Section 25515.2 of the California Health and Safety Code. Such procedures shall contain those elements required by, and shall be consistent with the provisions stated in, Health and Safety Code section 25515.2, or any successor statute thereto. The administrative enforcement procedures adopted shall not be exclusive, but are cumulative with all other remedies available by law and under this Chapter.

(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10099 (N.S.), effective 1-7-11; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Compressed gases in cylinders containing any of the following materials used for the purpose specified and stored at each Unified Program Facility in quantities not exceeding the thresholds specified below are exempt from Section 25507 of the California Health and Safety Code.

(a) Non-refrigerated or non-cryogenic carbon dioxide compressed gas used for carbonation of beverages and stored in quantities of not more than 6000 cubic feet at standard temperature and pressure.

(b) Refrigerated or cryogenic carbon dioxide compressed gas used for carbonation of beverages and stored in quantities of not more than 3500 cubic feet at standard temperature and pressure.

(Added by Ord. No. 9667 (N.S.), effective 8-14-04; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Propane at commercial buildings, restaurants and RV hookup stations that handle 1000 gallons or less of propane gas in stationary tanks exclusively for heating, cooling, or cooking on site are exempt from Section 25507 of the California Health and Safety Code. This exemption does not include sites that dispense propane.

(Added by Ord. No. 9667 (N.S.), effective 8-14-04; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Added by Ord. No. 9667 (N.S.), effective 8-14-04; repealed by Ord. No. 10379 (N.S.), effective 4-17-15)

Materials in closed fire suppression systems are exempt from Section 25507 of the California Health and Safety Code.

(Added by Ord. No. 9667 (N.S.), effective 8-14-04; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Added by Ord. No. 9667 (N.S.), effective 8-14-04; repealed by Ord. No. 10379 (N.S.), effective 4-17-15)