San Joaquin County Municipal Code Ch. 1 Administration

Footnotes:

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Editor's note— Ord. No. 4432, adopted January 15, 2013, amended Ch. 1, in its entirety, to read as herein set out in §§ 4-8000—4-8007. Prior to inclusion of said ordinance, Ch. 1 pertained to similar subject matter. See also the Code Comparative Table and Disposition Table.

It shall be the duty of the Director of Environmental Health to administer Chapter 6.95, Section 25500 et seq., of the Health and Safety Code titled, "Hazardous Materials Release Response Plans and Inventory."

(Ord. 3376; Ord. 4005 §§ 9, 10, 1998)

(Ord. No. 4432, 1-15-2013)

(a) Fees to be charged for the implementation and administration of the provisions of Chapter 6.95 of the Health and Safety Code shall be those established by this chapter.

(b) Exemptions from the business emergency plan for specific items and quantities of materials may be established by the Environmental Health Department. The Environmental Health Department shall submit any listing of such proposed exemptions to the Board of Supervisors on or before December 31st of each calendar year for review and approval by the Board to take effect January 1st of the following year.

(Ord. 3376; 3639)

(Ord. No. 4432, 1-15-2013)

In the event that any business fee is paid after the deadline for payment of that fee, a penalty fee of ten percent (10%) of the amount of the filing fee applicable to that plan shall be applied for payment at the time of paying the fee. The ten percent (10%) filing fee penalty shall be deemed to be compensation for the additional administrative service and enforcement procedures necessary to obtain compliance from a business for paying the business fees.

(Ord. 3496)

(Ord. No. 4432, 1-15-2013)

Fees for the costs of filing and processing Risk Management and Prevention Program Registration Forms and Plan required by the Health and Safety Code Sections 25530, et seq., shall be computed by and consist of the following components:

1. Administration fees of ninety dollars ($90.00) per business;

2. An hourly rate for RMPP consultations and review and dispersion modeling assistance as established by the Environmental Health Department at the time the consultation and review is performed.

(Ord. 3496; 3706)

(Ord. No. 4432, 1-15-2013)

(a) Common Materials Fee Schedule. Businesses handling only the following substances: gasoline, diesel, motor oil, waste motor oil, propane, antifreeze, waste antifreeze, non-chlorinated hydrocarbon solvents, and kerosene shall pay an annual fee of seventy dollars ($70.00) plus fifteen dollars ($15.00) per hazardous material listed on their required annual inventory form. Businesses which store any of the above materials above ground in excess of one thousand one hundred (1,100) gallons shall be regulated by subsection (b) of this section.

(b) Regular Fee Schedule. Businesses which handle hazardous materials in quantities equal to or greater than that specified by state statute and which do not meet the criteria of any other category of this section shall pay an annual fee of two hundred forty dollars ($240.00), plus fifteen dollars ($15.00) for each hazardous material listed on their annual inventory form, up to a maximum of thirty (30) hazardous materials.

(c) Farm Fee Schedule. Businesses which are classified as farm operations shall pay an annual fee of eighteen dollars ($18.00) per fixed storage site at the time of submittal of the required annual site hazardous material inventory.

(d) Exemption for Medical Businesses. Medical practitioners, including physicians, dentists, podiatrists, veterinarians or pharmacists who use less than one thousand (1,000) cubic feet of oxygen or nitrous oxide at any one (1) time shall pay a one (1) time fee of fifty dollars ($50.00) at the time of submittal of their one (1) time inventory as required by law.

(e) Fees under this chapter shall be paid once a year at the time of submittal of an inventory form. In the event that there is a change of ownership of a business in a given year, the new owner must submit an annual inventory form with the fee set out in accordance with this chapter within sixty (60) calendar days of commencement of business activities at the site. Inasmuch as the fees under this chapter are reflective of the cost of administering and enforcing the procedures of this chapter, there shall not be a reduction, proration or refund of a fee in the event that a business operates for less than a twelve-month period from the annual due date of the inventories.

(Ord. 3639; 3706; Ord. 3895 § 6, 1996; Ord. 4038 § 1, 1999)

(Ord. No. 4432, 1-15-2013)

A business which has failed to file the required business emergency plan and annual business inventory for any given year must file the plan and inventory, pay the fees, and pay any late penalty charge for that particular year and past years for which a plan and inventory was not filed as required by law, upon discovery of the omission to file. Provided, however, a business will not be required to file a plan and inventory for a year which is in excess of five (5) calendar years prior to the date of discovery of the omission. All fees and late penalty charges shall be those set for the year in which the plan and inventory are actually filed.

A business which has filed false documents to indicate that the business is exempt from filing a plan and inventory, or which failed to disclose information which was within the knowledge of the business and which was required on the filed plan and inventory, or which has in any other way misrepresented information on a plan and inventory, for any year, shall be required to file a correct plan, pay fees, and pay late penalty charges, for that year, and past years the business handled hazardous materials which were regulated in that year, and the matter will be referred to the District Attorney's office for possible prosecution. Provided, however, a business will not be required to file a plan and inventory for a year which is in excess of five (5) calendar years from the date of the discovery of the false records, failure to disclose, or misrepresentation. Fees and late penalty charges shall be those set for the year in which the plan and inventory are actually filed.

(Ord. 3706)

(Ord. No. 4432, 1-15-2013)

Annual inventories are due on January 15th of every year. Biannual hazardous materials management plan reviews by a business which are due in a given year will be due on January 15th of that year regardless of date of the original plan submittal.

(Ord. 3706)

(Ord. No. 4432, 1-15-2013)

The Director of Environmental Health may assign responsibility for regulating businesses which are classified as farm operations under Chapter 6.95 of the Health and Safety Code to the Agricultural Commissioner's Office.

(Ord. 3706; Ord. 4005 § 11, 1998)

(Ord. No. 4432, 1-15-2013)