Santa Clara County Municipal Code Art. 1 General Provisions

(a) It is determined that hazardous materials and hazardous waste in the community may be deleterious to the environment and the health of individuals who visit, reside or work in the County of Santa Clara if they are exposed to such substances as a result of fires, spills, industrial accidents, releases, emissions or other incidents.

(b) Persons who safely handle, use, store and dispose of hazardous materials and waste benefit the community by protecting the environment and the health and welfare of residents, workers and visitors. It is the intent of the County's Board of Supervisors that the administration and enforcement of the unified program requirements will facilitate safe management practices with respect to hazardous materials and waste.

(c) The purpose of this chapter is the protection of health, life, resources and property. It is the intent of the County's Board of Supervisors that the administration and enforcement of the unified program will reduce the likelihood of fires, spills, industrial accidents, releases, emissions or other incidents that could detrimentally affect the lives of residents, visitors and workers and the environment by establishing an inspection procedure, disclosure requirements, and permitting procedures for persons who handle, store, use, and dispose of hazardous materials and waste throughout both the incorporated and unincorporated areas of the County of Santa Clara, excluding the jurisdictions of other unified program agencies.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) Pursuant to approval by the State of California Environmental Protection Agency (Cal EPA) of the County of Santa Clara Public Health Department's application to serve as the Unified Program Agency (UPA) throughout both the incorporated and unincorporated areas of Santa Clara County, excluding the jurisdictions of other unified program agencies, the County assumes authority and responsibility for the unified hazardous waste and hazardous materials management regulatory program (unified program) established by Health and Safety Code, Division 20, Chapter 6.11 (Health and Safety Code § 25404 et seq.). This program consolidates the administration and enforcement of six hazardous materials management programs and ensures the coordination and consistency of any regulations adopted pursuant to such program requirements. The six programs are:

(1) Hazardous Materials Release Response Plans and Inventories (Hazardous Materials Business Plans);

(2) Hazardous Waste Generator and Onsite Hazardous Waste Treatment (Tiered Permit) Programs;

(3) Underground Storage Tank Program;

(4) Aboveground Storage Act requirements for Spill Prevention Control and Countermeasure (SPCC) Plans;

(5) Uniform Fire Code Hazardous Materials Management Plans and Hazardous Materials Inventory Statements;

(6) California Accidental Release Prevention (CalARP) Program.

(b) The County has exclusive, local jurisdiction to administer and enforce the requirements of the unified program throughout both the incorporated and unincorporated areas of Santa Clara County, excluding the jurisdictions of other unified program agencies.

(c) This Chapter will be implemented and enforced in compliance with the State's unified program requirements, the provisions set forth in Subsection (a) of this Section, any other applicable laws and regulations, as they may be amended from time to time, and Chapters XIII and XIV pertaining to hazardous materials management, including the storage, dispensing, use, and handling of toxic gases.

(d) This Chapter will be implemented and enforced in accordance with any other requirements which are applicable to the unified program, but are not specifically incorporated by reference in this Chapter, any new federal, state or local laws and/or regulations that may be enacted from time to time, and any amendments to any such requirements.

(e) The County of Santa Clara Public Health Department is designated as the administering agency responsible for the administration and enforcement of the unified program and this Chapter. The Director has the authority to take any and all actions that may be necessary for public safety to administer and enforce the unified program requirements and this Chapter. All employees designated by the Director are authorized to make inspections and take any actions on behalf of the Director as may be required to administer and enforce the requirements of the unified program and this Chapter.

(f) The Director or their designee will be the administrator of the unified program and this Chapter.

(g) The Director may, for purposes consistent with this Chapter, undertake actions, including but not limited to public educational programs regarding hazardous materials and waste, the requirements of this Chapter, and promotion of pollution prevention, and recycling of waste products.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 48, 10-21-25)

The following provisions of the California Health and Safety Code and applicable regulations, as they may be amended from time to time, which establish the requirements of the six hazardous materials and waste management programs that are consolidated by the unified program hereby are incorporated by reference as if fully set forth herein:

(a) Health and Safety Code Division 20, Chapter 6.5 (Health and Safety Code § 25100 et seq.), hazardous waste generator requirements, including enforcement and implementation of the onsite hazardous waste treatment and tiered permitting program;

(b) Health and Safety Code §§ 25270.2, 25270.4, and 25270.5(c). Aboveground petroleum storage tanks (Spill Prevention Control and Countermeasure Plan) (SPCC);

(c) Health and Safety Code Division 20, Chapter 6.7 (Health and Safety Code § 25280 et seq.). Underground Storage of Hazardous Substances;

(d) Health and Safety Code Division 20, Chapter 6.95, Article 1, (Health and Safety Code § 25501 et seq.). Hazardous Materials Release Response Plans and Inventories, commonly referred to as Hazardous Materials Business Plans and Hazardous Materials Area Plans;

(e) Health and Safety Code, Division 20, Chapter 6.95, Article 2 (Health and Safety Code § 25531 et seq.). Requirements concerning acutely hazardous materials, commonly referred to as the California Accidental Release Prevention Program (CalARP); and

(f) Section 80103 of the Uniform Fire Code, Subdivisions (b) and (c) as adopted by the State Fire Marshal pursuant to Health and Safety Code § 13143.9, California Fire Code requirements concerning Hazardous Material Management Plans and Inventories.

(Ord. No. NS-517.72, § 2, 4-15-03)

In addition to the definitions in Chapter I, the following are defined for purposes of this Chapter:

(a) County UPA means the County of Santa Clara Public Health Department.

(b) Director means the Director of the County UPA.

(c) Hazardous waste means hazardous waste as defined in the Hazardous Waste Control Law (Health and Safety Code § 25117).

(d) Participating agency or PA means a local agency that has a formal agreement with the Unified Program Agency to implement and enforce a program element as part of the unified program.

(e) Program element means a program listed in California Health and Safety Code section 25404(c), or it may be a program other than those mandated in Health and Safety Code section 25404(c) which is voluntarily consolidated into a unified program, to be carried out in conjunction with a program listed in Health and Safety Code § 25404(c).

(f) Risk management plan means a plan that summarizes the results of hazard assessments and analyses and the implementation of the risk management program requirements as prescribed under Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.

(g) Unified program means the consolidation of the following six environmental programs into one program under the authority of a Unified Program Agency:

(1) Hazardous Materials Release Response Plans and Inventories (Hazardous Materials Business Plans),

(2) Hazardous Waste Generator and Onsite Hazardous Waste Treatment (Tiered Permit) Programs,

(3) Underground Storage Tank Program,

(4) Aboveground Storage Act Requirements for Spill Prevention Control and Countermeasure (SPCC) Plans,

(5) Uniform Fire Code Hazardous Materials Management Plans and Hazardous Materials Inventory Statements,

(6) California Accidental Release Prevention (CalARP) Program.

(h) Unified Program Agency or UPA means a local agency that has been certified by the California Environmental Protection Agency to implement the unified program within the local agency's jurisdiction.

(i) Unified program facility permit means a permit as defined in Health and Safety Code section 25404(a)(5).

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 49, 10-21-25)