Santa Clara County Municipal Code Art. 7 Permits

(a) Hazardous materials storage permit. Any person who stores any hazardous material must obtain and keep current a hazardous materials storage permit issued pursuant to this chapter.

(b) Additional approvals. A permit must be obtained prior to connecting, installing, constructing, substantially modifying, replacing, closing, or removing a hazardous materials storage or handling facility, tank system, or piping system; performing repairs as required in Section B11-290; or for any change or addition in hazardous materials stored which is not in accordance with a prior approval by the Director.

(c) Notwithstanding the above, the permittee will have 30 days to apply for an additional approval for the storing of a new or different hazardous material with the same hazard class as stated on the existing permit approvals where such storage does not increase the hazard of fire or explosion or the hazard of the production of flammable or poisonous gas. Storage of new or different hazardous materials, not meeting all of these criteria, will require the prior additional approval.

(d) Storage permits required in this chapter will be consolidated as a unified program facility permit as required by Section 15100, Title 27, California Code of Regulations.

(Ord. No. NS-517.72, § 2, 4-15-03)

Application for a new, amended or renewed hazardous materials storage permit or an additional approval must be made to the designated officer on the form(s) approved by the Director. In addition to the information required by such form(s), the applicant must submit a new or amended hazardous materials business plan or hazardous materials/waste registration form as required by Section B11-300 and construction plans, if any, in conformity with Section B11-285.

(Ord. No. NS-517.72, § 2, 4-15-03)

A permit will not be approved until the issuing officer is satisfied that the storage conforms to the provisions of this chapter.

(Ord. No. NS-517.72, § 2, 4-15-03)

A temporary hazardous materials storage permit may be issued where storage does not exceed six months and occurs no more frequently than every six months. The containment standards of Article 3, the hazardous materials management plan of Article 4 and the inspection and records requirements of Article 7 may be modified as appropriate under these circumstances for the storage of hazardous materials on a nonregular temporary basis.

(Ord. No. NS-517.72, § 2, 4-15-03)

Upon the approval of a permit by the officer and upon the payment of any applicable fee(s) as established by resolution of the Board of Supervisors, the officer will issue the permit to the applicant.

(Ord. No. NS-517.72, § 2, 4-15-03)

When a request for additional approval is for closure of a storage facility or tank system, the permittee must apply for approval to close such facility or tank system not less than 30 days prior to the termination of storage of hazardous materials at the facility or in the tank system. Such closure must be in accordance with a closure plan which describes procedures for terminating the storage of hazardous materials in a manner that:

(a) Minimizes the need for further maintenance; and

(b) Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials is minimized or eliminated; and

(c) Demonstrates that hazardous materials that were stored in the storage facility or tank system will be removed, disposed of, neutralized or reused in an appropriate manner. This 30-day period may be waived by the Director if there are special circumstances requiring such waiver.

(Ord. No. NS-517.72, § 2, 4-15-03)

A hazardous materials storage permit may be issued for a term of five years, excepting temporary permits which, notwithstanding Section B11-27, may be issued for no longer than six months.

(Ord. No. NS-517.72, § 2, 4-15-03)

Every application for the renewal of a hazardous materials storage permit must be made at least 30 days prior to the expiration date of such permit. If a timely application for renewal has been submitted, the permit will remain in effect until the Director has made his or her determination pursuant to Section B11-328 and any administrative appeal pursuant to Chapter II has been exhausted.

(Ord. No. NS-517.72, § 2, 4-15-03)

The Director must make a determination with regard to any application for a permit, an additional approval, or a renewal, within 90 days from the date the application has been completed or compliance with the appropriate provisions of the California Environmental Quality Act (CEQA) has been completed, whichever occurs later. This time limit may be further extended by mutual agreement between the Director and the applicant.

(Ord. No. NS-517.72, § 2, 4-15-03)