Santa Clara County Municipal Code Art. 8 Remedial Action

A permittee may be subject to remedial action for any of the following causes, arising from the acts or omissions of the permittee, either before or after a permit is issued:

(a) Fraud, willful misrepresentation, or any willful inaccurate or false statement in applying for a new or renewed permit;

(b) Fraud, willful misrepresentation, or any willful inaccurate or false statement in any report required by this chapter;

(c) Failure to abate, correct or rectify any noncompliance within the time specified in the notice of noncompliance;

(d) Failure to correct conditions constituting an unreasonable risk of an unauthorized discharge of hazardous materials within a reasonable time after notice from a governmental entity other than the Department;

(e) Failure to abide by the remedial action imposed by the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

Unless the Director finds that an immediate suspension under Section B11-337 is necessary to protect the public health or safety from imminent danger, the officer will issue a notice of noncompliance:

(1) For failure to comply with the provisions of this chapter, any permit conditions or any provisions of the hazardous materials management plan; or

(2) Before instituting remedial action pursuant to Section B11-335(d).

Such notice must be sent by certified mail to the permittee. If the noncompliance is not abated, corrected or rectified within the time specified, remedial action may be taken.

(Ord. No. NS-517.72, § 2, 4-15-03)

Whenever the Director finds that suspension of a permit prior to a hearing for remedial action is necessary to protect the public health or safety from imminent danger, the Director may immediately suspend any permit pending the hearing for remedial action. The Director will immediately notify the permittee of such suspension by having a written notice of the suspension personally served on the permittee. The permittee will have the opportunity for a preliminary hearing with regard to such prehearing suspension within three working days of receiving written notice of such suspension.

(Ord. No. NS-517.72, § 2, 4-15-03)

If the Director after the hearing finds that cause exists for remedial action, the Director will impose one or more of the following:

(a) A warning;

(b) An order to correct the particular noncompliance specified in the notice issued pursuant to Section B11-336;

(c) Suspension of the permit for the facility or for a storage facility for a specified period not to exceed six months;

(d) Modification or addition of conditions of the permit;

(e) Revocation of the permit with no reapplication permitted for a specified period not to exceed five years.

If the grounds for remedial action are based on Section B11-335(c) or (d) and if such grounds are limited to one storage facility, the remedial action taken will be limited to that storage facility.

(Ord. No. NS-517.72, § 2, 4-15-03)

Within ten days of the hearing, the Director must render a written opinion, stating the findings upon which the decision is based and the action taken, if any. The decision of the Director will be the final administrative determination and is subject to judicial review.

(Ord. No. NS-517.72, § 2, 4-15-03)

The suspension, revocation or expiration of a permit issued under this chapter will not prevent any proceedings to investigate such permit, any remedial action against such permittee, or any proceeding against such permittee.

(Ord. No. NS-517.72, § 2, 4-15-03)

In the event a permit issued under the provisions of this chapter is suspended or revoked, the permittee must forward it to the issuing officer not later than the end of the third business day after notification of such suspension or revocation.

(Ord. No. NS-517.72, § 2, 4-15-03)