Santa Clara County Municipal Code Art. 6 Inspections and Records

The Department may conduct inspections, at the Director's discretion, for the purpose of ascertaining compliance with this chapter and causing to be corrected any conditions which would constitute any violation of this chapter or of any other statute, code, rule or regulation affecting the storage of hazardous materials.

Permittees are not required to disclose the identity of hazardous materials protected as trade secrets pursuant to California Health and Safety Code § 25511 to anyone other than the official designated for that purpose pursuant to California Health and Safety Code § 25511(d), except in the case of an emergency response or an unauthorized discharge related to the storage facility in which the trade secret material is contained. The permittee may put temporary coverings over the labels of trade secret materials during the course of Department inspections conducted by other than the Department official so designated.

(Ord. No. NS-517.72, § 2, 4-15-03)

The permittee must conduct regular inspections of its own facilities to assure compliance with this chapter and must maintain logs or file reports in accordance with its hazardous materials management plan. The inspector conducting such inspections must be qualified to conduct such inspections.

(Ord. No. NS-517.72, § 2, 4-15-03)

In addition to the inspections specified above, the Director may require the periodic employment of special inspectors to conduct an audit or assessment of the permittee's facility to make a hazardous material safety evaluation and to determine compliance with the provisions of this chapter.

(a) The special inspector must be a qualified person or firm who must demonstrate expertise to the satisfaction of the Director.

(b) The special inspection report must include an evaluation of the facilities and recommendations consistent with the provisions of this chapter where appropriate. A copy of the report must be filed with the Director at the same time that it is submitted to the permittee.

(c) The permittee must, within 30 days of said report, file with the Director a plan to implement all recommendations, or must demonstrate to the satisfaction of the Director why such recommendations should not be implemented.

(Ord. No. NS-517.72, § 2, 4-15-03)

All records required by this chapter must be maintained by the permittee for a period of not less than three years. Said records must be made available to the Director during normal working hours and upon reasonable notice.

(Ord. No. NS-517.72, § 2, 4-15-03)