Santa Fe Springs Municipal Code Ch. 97 Environmental Protection

(A) The ordinance codified in Chapter 97 (hereafter the "chapter") of Title 9 of the Santa Fe Springs Municipal Code, shall be known as the "Environmental Protection Ordinance" and may be referred to as such. References to the chapter shall include all state and other laws and regulations that are adopted herein.

(B) For convenience of reference in the Environmental Protection Ordinance, any provisions and standards administered under the authority of this chapter may be referred to as "Environmental Protection Programs."

(C) For convenience of reference this chapter, the provisions of Title 20, Division 2, of the Los Angeles County Code, entitled "Sanitary Sewers and Industrial Waste," and all future amendments thereto, will hereinafter be referred to as the "County Code provisions."

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

The City Council finds and declares:

(A) The purpose of this chapter is to implement provisions of the Unified Hazardous Waste and Hazardous Material Management Regulatory Program ("Unified Program"), Chapter 6.11, Division 20, California Health & Safety Code, commencing with § 25404 (the "Act") and applicable sections within Title 27 of the California Code of Regulations.

(B) The purpose of this chapter is also to consolidate all hazardous waste and material regulatory authority and compliance requirements within one chapter of the Santa Fe Springs Municipal Code.

(C) The consolidation of environmental protection programs within the Unified Program will reduce excessive and duplicative regulatory requirements that businesses experience at different levels of government, thereby easing the regulatory burdens of doing business in the city.

(D) Effective March 1, 1997 and thereafter, the City of Santa Fe Springs Fire Department (renamed "Santa Fe Department of Fire-Rescue") was designated as a Certified Unified Program Agency (CUPA) by the California Environmental Protection Agency.

(E) It is the intent of the City Council that the Environmental Protection Division of the Santa Fe Springs Department of Fire-Rescue (hereafter referred to as the "Fire Department"), administers and enforces all programs within the Unified Program. These consist of:

(1) Hazardous Waste Control. Chapter 6.5, Division 20, California Health & Safety Code, §§ 25100 et seq., and California Code of Regulations ("CCR"), Title 22, Division. 4.5, relating to hazardous waste generators and hazardous waste generators conducting on-site waste treatment conditionally exempted, conditionally authorized, and under permit by rule;

(2) Underground Storage of Hazardous Substances. Chapter 6.7, §§ 25280 et seq. and 6.75, Division 20 of the California Health & Safety Code, CCR, Title 23, Division 3, Chapters 16 and 18;

(3) Hazardous Materials Release Response Plans and Inventory. Article 1, Chapter 6.95, Division 20 of the California Health & Safety Code §§ 25500 et seq., and CCR, Title 19, Division 2, Chapter 4;

(4) California Accidental Release Prevention Program. Article 2, Chapter 6.95, Division 20 of the California Health & Safety Code §§ 25531 et seq., and CCR, Title 19, Division 2, Chapter 4.5;

(5) Hazardous Materials Management Plan and Inventory Statement. California Health & Safety Code § 13143.9 and the 2013 California Fire Code (CFC), Sections 5001.5.1 and 5001.5.2;

(6) Aboveground Storage of Petroleum. Chapter 6.67, Division 20 of the California Health & Safety Code §§ 25270.5 et seq.

(F) All other provisions of law enforceable by the CUPA, including any amendments to the statutes and regulations listed in divisions (E)(1) through (6) of this section, shall be administered by the Fire Department.

(G) In addition to the Unified Program elements, the following environmental and life safety protection programs shall be administered and enforced by the Fire Department:

(1) Industrial waste. The County Code provisions and all future amendments thereto are adopted herein by reference.

(2) Site mitigation. The standards in § 97.330 of this chapter entitled "Site Assessment/Remedial Investigation and Remedial Action."

(3) Storm water. Provisions in the current Los Angeles County Municipal Separate Storm Sewer System (Los Angeles County MS4) permit issued by the California Regional Water Quality Control Board, Los Angeles Region, pertaining to industrial/commercial facilities defined as critical sources.

(4) California Fire Code. Provisions within the California Fire Code that are not administered by the Fire Prevention Bureau and at the discretion of the Fire Chief.

(H) This chapter applies to all businesses subject to the Unified Program elements listed in division (E)(1) through (6) and/or the environmental and life safety protection programs listed in division (G)(1) through (4).

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

For purposes of this chapter, the following definitions shall apply:

Assessment/Remedial Investigation. Includes, without limitation, those actions that: are reasonably necessary, as determined by the Fire Department, to (i) determine the nature and full extent of a hazardous material release at a site, including hazardous substance contamination or potential contamination of air, soil, soil gas, surface water and ground water at the site; (ii) identify the public health and environmental threat posed by the release; (iii) collect data on possible remedies; or, (iv) otherwise evaluate the site for purposes of developing a remedial action plan.

Board of Supervisors of the County of Los Angeles. The City Council of the City of Santa Fe Springs whenever this board is referred to in Los Angeles County Code provisions that are applicable to the city.

Business. An employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. Business includes a business organized for profit and a non-profit business. Business also includes every government agency.

Certified Unified Program Agency or CUPA. The Fire Department.

City. The City of Santa Fe Springs.

County Engineer. The Director of Public Works of the City of Santa Fe Springs, or his or her duly authorized representative, whenever this term is referred to in County Code provisions that are applicable to the city.

County of Los Angeles. The City of Santa Fe Springs whenever the term is referred to in the relevant sections of the County Code provisions.

CUPA Permit. An annual permit issued by the Fire Department to a facility that engages in one or more of the programs and activities listed in § 97.400(A).

Duly Authorized Representative. The Deputy Director of Environmental Protection Division of their designee whenever the term is referred to in this chapter or County Code provisions.

Employee. A person who works for an employer primarily at the permitted location for a minimum of 20 calendar weeks a year. Independent contractors, owners, and other workers not directly employed by the employer are not considered Employees.

Facility. All contiguous land and structures, other appurtenances, and improvements on the land where one or more of the programs and activities listed in § 97.400(A) occur.

Fine or Fines. A monetary sum, penalty, or sanction imposed as a punishment for a violation of this chapter or applicable federal, state, or local laws, regulations, or codes.

Fire Chief. The chief officer of the Fire Department, or his or her duly authorized representative.

Handle. To use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material in any fashion.

Handler. A person who handles hazardous material.

Hazardous Material. Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a present or potential hazard to human health and safety or to the environment, if released into the workplace or to the environment. Hazardous Material includes, but is not limited to, hazardous substances, hazardous waste as defined in H&SC § 25117, and California Code of Regulations (CCR), Title 22, Div. 4.5, Ch. 10, and any material which the Fire Department determines would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or environment.

Immediate Notification. Refers to the duty of a handler, or any employee, authorized representative, agent, or designee of a handler, to upon discovery, immediately report any release or threatened release of a hazardous material to the Fire Department, to the California Emergency Management Agency, and to all other local, state and federal agencies as required by law. Each handler and any employee, authorized representative, agent, or designee of a handler shall provide all state, city, or county fire or public health or safety personnel and emergency rescue personnel with complete access to the handler's facilities that involve or concern a release or threatened release of a hazardous material.

Invoice. Any bill issued by the Fire Department for the fees assessed under this chapter.

Liquid Industrial Grade Materials and Wastewater. Any non-hazardous liquid, from nonhuman origins, which, if released, may be deleterious to the environment or to public health, safety and welfare.

Owner. Any person as defined in this chapter, who:

(1) Has legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's Office.

(2) Has legal title to, or who otherwise possesses, controls or has responsibility for, a business in the city.

(3) Has legal title to, or who otherwise possesses, controls or has responsibility for, personal property in the city.

Person. An individual, trust, firm, joint stock company, business, partnership, limited liability company, association, or corporation, including, but not limited to, a government corporation. Person also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. Person also includes those with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers.

Program Elements. Those Unified Program elements which have been consolidated under the Act along with other environmental and life safety protection programs and activities administered and enforced under this chapter.

Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of a hazardous material into the environment, unless permitted in writing by a regulatory agency.

Remedial Action. Those actions that the Fire Department deems reasonably necessary to prevent, minimize or mitigate damage that might otherwise result from a release of hazardous material or that are consistent with a permanent remedy of that damage or potential damage.

Responsible Person or Persons. All owners, handlers and other persons, as well as their agents, employees and representatives, who violate any provision of this chapter, whether by an affirmative action or due to a failure to undertake an action or to perform a duty that is required by law or regulation. Employers and principals shall be responsible for the acts or omissions of their employees, agents, contractors and representatives in connection with a violation of this chapter and such liability shall be joint and several. Responsible Person or Persons shall also include all owners, handlers and persons who maintain, or who allow or permit, any condition, use or activity in violation of this chapter to occur or continue in the city.

Site. Any area where a hazardous material has been spilled, released, stored, disposed, placed or otherwise comes to be located.

Site Mitigation Work. Any assessment/remedial investigation or remedial action conducted at any site of hazardous material contamination.

Threatened Release. A condition or activity creating a substantial probability of harm, or as determined by the Fire Department, when the probability and potential extent of harm makes it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to person, property or the environment.

Violation. The failure to comply with any requirement or prohibition in this chapter, or in any law or regulation that is adopted herein. Violation shall also include the failure to comply with any permit, or any condition thereof.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) Conflicting provisions. The program elements contained in this chapter shall, except as hereafter stated, follow the standards identified in this section in addition to those standards that are contained in the laws, codes, regulations and policies adopted. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. This chapter is not intended to replace or be less restrictive than any federal, state, county or local laws, regulations, or codes that pertain to the program elements.

(B) Independent third party review. The Fire Chief may require an independent third party professional consultant to prepare or review required reports and related information which require additional technical expertise as deemed necessary by the Fire Chief. When required, the responsible party shall pay for all costs incurred by the Fire Department that are directly related to the specific review.

(C) Notification requirements. Immediate notification, as defined in this chapter, is required, but not limited to, releases or threatened releases of hazardous materials from pipelines, railcars, tanks, tank vehicles, drums, containers, cylinders, tote bins, process vessels and lines, scrubbers, emergency relief valves, electrical transformers, and oil wells. Immediate notification is also required for releases of crude oil, and liquid industrial grade materials and wastewater.

(D) Inspections. The Fire Department may make periodic inspections of premises where hazardous materials, industrial liquid waste, and/or hazardous waste is generated, stored, handled, disposed, treated or recycled, and to inspect aboveground and underground storage tank systems, commercial and industrial critical sources of pollutants, hazardous waste haulers, and all persons or businesses where the Fire Department has reasonable cause to believe that hazardous materials or hazardous waste is generated, stored, handled, disposed, treated, or recycled.

(E) Hazardous material release clean up. Any handler, owner, or other person who releases, causes or allows a release of a hazardous material (collectively the "responsible party") shall be liable for all costs associated with the clean up of the release(s) including, but not limited to, the containment, collection, and disposal of the hazardous material release(s); the costs associated with remediating the soil, ground or surface waters impacted by the release(s); the costs incurred by the city and/or city's contractor during the response to the release(s); the cost incurred by the city during the investigation of the release(s); all regulatory oversight fees and all penalties associated with the release(s). For purposes of this section, costs incurred by the city shall include, but not be limited to, actual labor costs of city personnel, including benefits, and administrative overhead; cost of equipment operation; cost of materials used to remedy the release; cost of any contract labor and materials; and the cost to legally dispose the released material and other items impacted by the release. The liability established in this section shall be joint and several as to all responsible persons and the city may collect such costs in any manner allowed by law. A city action to recover such costs shall be in addition to any other remedies provided by law that may be exercised by the city to address a violation of this chapter.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

Facilities that store or handle hazardous materials with a National Fire Protection Association (NFPA) rating of 3 or 4 in any category, or regulated substances as defined by of the H&SC § 25532(i), which may emit gas or vapors, shall have an approved gas detection system as required by the Fire Chief. Additionally, the gas detection system shall be certified and calibrated at least annually and in accordance with manufacturer's specifications. This must be performed by a Fire Department approved third party when deemed necessary by the Fire Chief. Calibration certification records shall be maintained by the business and available for review by the Fire Department for a period of five years. Compliance with International Code Council (ICC) requirements and Fire Department conditions shall also apply. Failure to maintain and operate the gas detection system in accordance with this section shall result in the gas detection system being monitored by an approved continually manned offsite central station when required by the Fire Chief. Failure of any responsible person to comply with such a monitoring requirement, or with any Fire Department conditions that are imposed pursuant to this section or the California Fire Code, shall constitute a violation of this chapter.

(Ord. 1060, passed 7-10-14)

(A) Aboveground storage tanks shall be maintained in accordance with guidelines set forth by the Fire Department, the requirements contained in the California Fire Code, the standards identified in this section, in addition to those standards that are contained in laws, codes, regulations, and as deemed necessary by the Fire Chief.

(B) The installation of below grade vaulted tanks containing a Class I, II or IIIA liquid is prohibited unless approved in writing by the Fire Chief.

(C) A permit for closure as defined in § 97.405 shall be obtained by a responsible person to demolish, remove or close an aboveground storage tank which had been used to store hazardous material, as deemed necessary by the Fire Chief. Aboveground storage tank closures shall comply with established Fire Department guidelines. Soil sampling and analysis may be required as part of an aboveground storage tank closure permit. The Fire Department may impose conditions and other requirements in connection with such a permit and a permittee and all other responsible persons shall comply therewith.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) The Fire Department shall enforce the provisions of the County Code Provisions adopted by reference pertaining to industrial waste disposal with the following amendments:

(1) The industrial waste disposal permit fees in § 20.36.230 of the County Code Provisions are amended as set by City Council resolution. In all other respects, § 20.36.230 is unchanged.

(2) The industrial waste plan review fees in § 20.36.245 of the County Code provisions are amended as set by City Council resolution. In all other respects, § 20.36.245 is unchanged.

(3) The annual inspection fees in paragraph A of § 20.36.250 of the County Code provisions are amended as set by City Council resolution. Section 20.36.250 is amended with the addition of Inspection Fee Class S (silver-only wastewater) and T (generator/non-sewer disposal). The annual rainwater diversion inspection fee in paragraph C is amended as set by City Council resolution for each approved rainwater diversion system. In all other respects, § 20.36.250 is unchanged.

(4) Section 20.36.265 of the County Code provisions is repealed.

(5) Section 20.36.270 of the County Code provisions is repealed.

(6) Section 20.36.280 of the County Code provisions is repealed.

(7) Section 20.36.290 of the County Code provisions is repealed.

(8) Section 20.36.310(D) of the County Code provisions is repealed.

(B) A permit for closure as defined in § 97.405 shall be obtained by a responsible person before permanently closing an industrial waste treatment unit. Industrial waste treatment unit closures shall comply with established Fire Department guidelines. The Fire Department may impose conditions and other requirements in connection with such a permit and a permittee and all other responsible persons shall comply therewith.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

Every business shall comply with reporting requirements as set forth by the Fire Department relating to hazardous materials, regulated substances and stationary sources under H&SC Division 20, Chapter 6.95. For all purposes of this chapter, the city's requirements contained in this chapter shall supersede any conflicting state amendments, as allowed. In accordance with H&SC Division 20, Article 1, the Fire Department sets forth the following additional reporting requirements:

(A) The Hazardous Materials Business Plan and annual inventory reporting shall be submitted via the California Electronic Reporting System (CERS) or the local electronic reporting system developed by the Fire Department.

(B) Initial submission of the Hazardous Materials Business Plan and inventory is required within 30 days of handling hazardous materials at the facility.

(C) A tank vehicle, tank car, or container used to transfer hazardous materials to or from an approved on-site storage vessel shall be exempted from disclosure requirements if the transfer is completed within 24 hours of arrival at the facility. Tank vehicles, tank cars, or containers containing hazardous materials which are or may be connected directly to a system or process, or for transfer to or from an unapproved storage vessel, must be included with the inventory reported to the Fire Department.

(D) Except as specified in H&SC § 25536(a), at the request of the Fire Chief, the Fire Department requires the handler to implement all activities and programs specified in the Risk Management Plan (RMP) within one year following the submission of the RMP pursuant to H&SC § 25535.1. Implementation of the RMP shall include carrying out all operating, maintenance, monitoring, inventory control, equipment, inspection, auditing, record keeping and training programs as required by the RMP. The Fire Department may grant an extension of this deadline in writing upon showing of good cause, as determined by the Fire Department in its sole discretion.

(E) Any risk management plan or supporting technical information requested by the Fire Department pursuant to § 25536(b) of the H&SC shall be submitted in accordance with the schedule established by the Fire Department.

(F) The Fire Department finds pursuant to § 25507(f) of the H&SC, that the following hazardous materials, under stated circumstances, would not pose a present or potential danger to the environment or to human health and safety if released into the environment. Therefore, the following hazardous materials warrant exemption from provisions of H&SC Division 20, Chapter 6.95, § 25506:

(1) Carbon dioxide compressed gas used for carbonation of beverages and stored in quantities of not more than 6,000 cubic feet at standard temperature and pressure. Liquefied carbon dioxide used for carbonation of beverages and stored in quantities of not more than 1,000 cubic feet at standard temperature and pressure.

(2) Fluorocarbons, chlorocarbons and chlorofluorocarbons in a closed cooling system used for the purpose of air conditioning. Refrigeration systems may exempted on a case-by-case basis.

(3) Closed fire suppression systems.

(4) Compressed air and oxygen in cylinders, bottles, and tanks used by Fire Departments and other governmental emergency response agencies for the purposes of emergency response and safety.

(5) Waste oil stored in quantities that do not exceed 55 gallons and the facility generating the waste oil has an active EPA identification number with the state.

(6) One spare forklift propane cylinder which does not exceed an eight-gallon water capacity provided the cylinder is secured in accordance with the California Fire Code.

(7) Lead-acid batteries, propane, and other fuels when stored on material handling equipment such as forklifts.

(8) A ten percent or less concentration of a material classified as an irritant only when diluted with water.

(G) The Fire Department finds pursuant to § 25507(a)(4)(A) and (B) of the H&SC, that the following hazardous materials requires the submittal of a business plan in response to public health, safety, or environmental concerns:

(1) Liquids or solids with a flash point less than 500 degrees Fahrenheit are excluded from the irritant and sensitizer exemption in § 25507(a)(4)(A).

(2) Hazardous material contained solely in consumer products that are stored at establishments primarily engaged in wholesale distribution are excluded from any business plan exemption in H&SC Division 20, Chapter 6.95, Article 1.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) Hazardous waste generating facilities within the city's jurisdiction are required to report the total number of employees.

(B) Special permit for very small quantity generators of hazardous waste. Businesses that generate less than or equal to one gallon or ten pounds of hazardous waste per month (less than 12 gallons or 120 pounds per year) as defined in the H&SC and in the CCR are eligible for a Very Small Quantity Hazardous Waste Generator Special Permit (VSQG Special) from the city. Waste material cannot be an acutely hazardous waste as listed in 40 CFR. All requests for a Very Small Quantity Hazardous Waste Generator Special Permit shall be made in writing by the business and is subject to approval by the Fire Department.

(C) Self-audit program. The city hereby enacts a self-audit program for businesses with ten employees or less, that will allow them a reduction in their hazardous waste generator fees. The fee reduction will be set by resolution of the City Council and will become part of the annual hazardous waste generator fees. The implementation of this program is subject to the approval of the Fire Chief and may be discontinued at the Fire Chief's discretion. Additional businesses can qualify to participate in the program if approved in writing by the Fire Chief. The self-audit program is a voluntary program and all of the following eligibility and operational requirements must be met in order for the business to participate:

(1) Generators of hazardous waste must have one employee complete the Self Audit Compliance training offered by the Fire Department. If a company has multiple facilities or addresses, only one employee is required to attend the training.

(2) All past and present Fire Department fees must have been fully paid.

(3) A Fire Department self-audit checklist form must be completed and received by the Fire Department within the required period and signed by the employee who completed the compliance training.

(4) The business cannot be a large quantity generator as defined by federal and state laws and regulations.

(5) The business must maintain compliance with all applicable federal, state, county and city laws and regulations at all times.

(D) Conditionally Exempt Small Quantity Generator Silver Waste Only Permit. Businesses that generate less than 27 gallons per month of hazardous waste and the waste is hazardous solely due to the content of silver are eligible for a Conditionally Exempt Small Quantity Generator Silver Waste Only Permit (CESQG Silver).

(E) Excluded Recyclable Waste Only Permit. Businesses that generate more than 100 kg (27 gallons) of hazardous waste that is recycled onsite using an approved exclusion or exemption found in § 25143.2 of the H&SC, and do not generate any other hazardous waste that is not recycled per the exclusion in § 25143.2, are eligible for an Excluded Recyclable Waste Only Permit. To qualify for this permit, the generator must submit a Recyclable Materials Report to the Fire Department every even numbered year and upon request by the Fire Department.

(F) Hazardous Waste Haulers Permit. Businesses lawfully registered with the state as a hazardous waste hauler and having a location within the City of Santa Fe Springs where trucks, trailers, or vehicles containing hazardous material or waste are to be parked or stored, shall first obtain a Hazardous Waste Haulers Permit from the Fire Department before engaging in this use. Such businesses shall undergo periodic inspections by the Fire Department to ensure that hazardous material or waste is being handled in compliance with all local, county and state laws and regulations. No person regulated by this section shall park trucks, trailers or vehicles containing hazardous material or waste in the city without first obtaining this permit, nor shall any such person violate any permit conditions or requirements.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) A site assessment/remedial investigation is required whenever there is an actual or suspected release of hazardous materials, industrial waste or crude oil or residue of an unauthorized release of a hazardous material, industrial waste, or crude oil into the environment. Remedial action is required when the release into the environment may pose a threat to public health and safety of the environment. No person shall engage in the process of site assessment/remedial investigation or remedial action on a site, where an actual or suspected hazardous material release has occurred and where the responsible party is seeking regulatory oversight form the Fire Department, until an environmental oversight agreement form has been submitted and accepted by the Fire Chief.

(B) No person shall engage in site assessment/remedial investigation or nonemergency remedial action work pursuant to this chapter without first submitting and obtaining Fire Department written approval for appropriate work plans and documents, as determined by the Fire Chief.

(C) The Fire Chief may order assessment, analysis or examination of any apparent, threatened, or suspected releases or release residues to determine the nature, concentration, lateral and vertical extent, potential for migration, and risk to public health or the environment from the release or release residual. Responsible persons for the threatened or suspected release shall oversee the services of qualified and state licensed service providers to perform such actions and their analysis, findings, conclusions, determinations and recommendations shall be tendered to the Fire Chief in a period required by the Fire Chief.

(D) The results and reporting for any site assessment/remedial investigation or remedial action conducted under the Fire Department's oversight shall be submitted and approved by the Fire Chief in writing.

(E) No person shall engage in site assessment/remedial investigation or remedial action work without the appropriate education, experience, training, equipment, and professional certifications as determined by the Fire Chief.

(F) The Fire Chief may order the submittal and approval of a Soils Management Plan prior to the commencement of post-soil remediation earthwork activities at sites with known or suspected residual contamination.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) Spill containment, as required by this chapter, or pursuant to the laws and regulations incorporated herein, is required for any operation, process, or equipment, use, or storage of liquid industrial grade materials and wastewater; as well as crude oil, and hazardous materials which includes hazardous waste as deemed necessary by the Fire Chief.

(B) Legible plans with construction specifications must be submitted, along with a plan review fee, to the Fire Department and a permit to construct as defined in § 97.405 must be approved prior to installing fixed spill containment or secondary containment systems, devices, structures or improvements. Monitoring plans may be required for underground storage tanks exempted by 23 CCR § 2621(a)(10) and (12) and are subject to approval by the Fire Chief. Procurement of a permit to construct pursuant to this section shall not excuse a business, handler, owner or other person from complying with all permit and other requirements of Title XV [Land Usage] of the code.

(C) The use of valves for draining secondary containment systems is prohibited unless specifically required under the California Fire Code.

(D) Rainwater collected in secondary containment areas must be managed such that no deleterious material enters the storm drain system.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) Underground storage tanks, their installation, modification, repair, upgrade, removal, closure, and modification, shall, at all times, comply with the guidelines, standards, and forms that have been established in the Fire Department's Underground Storage Tank Installation Application Package and Underground Storage Tank Closure Application Package, and pursuant to this chapter, California Code of Regulations, California Health and Safety Code, and any other applicable adopted laws and regulations. Applications for a change of underground storage tank ownership or permit transfer shall be done using the "Underground Storage Tank Change of Ownership/Permit Transfer Package."

(B) It shall be unlawful for any business, handler, owner or other person, to construct, install, modify, repair, upgrade, maintain, temporarily close, remove or abandon in place any underground storage tank system, any associated piping or any monitoring equipment without first obtaining a permit as defined in § 97.405 and written approval from the Fire Department. The Fire Chief may waive this requirement for the replacement of sensors and line leak detectors with identical make and model numbers as the existing equipment. Procurement of a permit pursuant to this section shall not excuse a business, handler, owner or other person from complying with all permit and other requirements of Title XV [Land Usage] of the code.

(C) Spill Container Testing shall, at all times, be performed in accordance with the city's "Standard for Annual Spill Container Testing." Variations to this standard may be requested in writing and are subject to the Fire Chief's written approval.

(D) Sensors used to detect liquid for purposes of detecting a leak from an underground storage tank system shall, at all times, be retestable.

(E) In accordance with H&SC § 25299.2(a), the Fire Department hereby adopts the following local regulations in addition to the California Underground Storage Tank Regulations Title 23, Division 3, Chapter 16, CCR and Chapter 6.7 of the H&SC:

(1) Interior tank lining referenced in 23 CCR §§ 2662(c) and 2663 is not allowed unless approved by the Fire Chief in writing.

(2) The use of bladder systems referenced in 23 CCR § 2662(c) and § 2664 is not allowed unless approved by the Fire Chief in writing.

(3) Cathodic protection for underground storage tank systems referenced in 23 CCR § 2662(c) and § 2666(b) is not allowed as a means of meeting corrosion protection requirements unless approved by the Fire Chief in writing.

(4) Underground tanks used for emergency spill containment tank must comply with § 97.335(B) of the Spill Containment and Secondary Containment Standards.

(5) Installation of discriminating sensors for purposes of meeting the requirements for underground storage tanks system monitoring as described in 23 CCR Division 3, Chapter 16, §§ 2620 - 2666 is prohibited unless the sensors are programmed to alarm upon the detection of any hazardous substance. Water alarm and warning levels are subject to the approval of the Fire Chief.

(6) Construction of a new underground storage tank inside any buried or partially buried underground storage tank to replace the primary or secondary containment or to provide a new interstitial space is not allowed.

(F) Underground storage tank systems installed after July 1, 2004 shall be constructed using rigid penetration fittings for sumps.

(G) The installation of below grade vaulted tanks containing a California Fire Code Class I, II, or IIIA liquid is subject to the approval of the Fire Chief.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14; Am. Ord. 1096, passed 11-20-18)

(A) Industrial/commercial storm water facilities that are defined as critical sources of pollutants of storm water shall be inspected by the city to ensure compliance with applicable elements of Chapter 52 of the city's code.

(B) Critical source facilities are defined in the Los Angeles County MS4 permit issued by the California Regional Water Quality Control Board, Los Angeles Region.

(C) Facilities that acquire or apply for a Conditional Exclusion - No Exposure Certification as allowed under the NPDES General Permit for Storm Water Discharges Associated with Industrial Activities are subject to inspection to verify their eligibility.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) Programs and activities requiring a CUPA Permit. No handler, owner or other person, shall commence, conduct, carry on, continue, engage in, or undertake any of the following programs or activities regulated by this chapter without first obtaining a valid CUPA Permit from the Fire Department pursuant to this section. The Fire Department may impose conditions with the CUPA Permit to ensure that the purposes of this chapter are achieved.

(1) Store, handle or use hazardous materials in quantities requiring a business plan unless specifically exempted by this chapter.

(2) California Accidental Release Prevention Program.

(3) Aboveground Petroleum Storage Tank Program.

(4) Generate or handle hazardous waste.

(5) Treat hazardous waste on-site under conditionally exempt, conditionally authorized or permit-by-rule authorization.

(6) Generate, dispose and/or discharge liquid industrial wastewater.

(7) Operate underground tanks for the storage of hazardous substances.

(8) Operate an industrial or commercial facility defined as critical source of pollutants of storm water in the Los Angeles County MS4 permit.

(9) Operational permits issued under the authority of the California Fire Code.

(10) Operate a Hazardous Waste Hauler facility.

(B) Multiple locations CUPA Permits. A business conducting operations at more than one address or within multiple building structures on a single parcel may be required to obtain more than one CUPA Permit. The Fire Department shall determine the number of CUPA Permits required if there are multiple structures at a single address based on what is deemed necessary and appropriate to effectively administer the provisions of this chapter.

(C) CUPA Permit issuance. The following requirements for a new CUPA Permit shall be completed prior to the commencement of activities, or the creation of conditions, that are regulated by this chapter:

(1) All necessary documents, plans, and supporting information received and accepted by the Fire Department.

(2) All CUPA Permit fees, as established by resolution of the City Council, as well as all required state fees and charges, shall be tendered in full by the applicant and received by the Fire Department.

(3) Any additional actions that are required by the Fire Department or the city (including but not limited to, a site inspection and procurement of all other license, permits and approvals as required) shall be completed.

(D) CUPA Permit renewal. The CUPA Permit must be renewed annually. The following requirements for renewal of a CUPA Permit shall be completed before the CUPA Permit will be reissued:

(1) The facility shall be in substantial compliance with the requirements of all Unified Program Elements.

(2) All applications and renewal forms, reports, and plans that are required by this chapter, shall be received by the Fire Department.

(3) All CUPA Permit fees and applicable late payment penalties, as established by resolution of the City Council, as well as all required state fees and charges, shall be received by the Fire Department.

(E) CUPA Permit not transferable. Any CUPA Permit that is issued pursuant to this chapter is not transferable to another person, entity, business or location except as authorized by H&SC § 25284.

(F) CUPA Permit posting. A valid CUPA Permit issued pursuant to this chapter shall be posted and conspicuously displayed at the permitted facility at all times.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

Prior to initiating any new construction, equipment installation, tank closure and/or removal, site assessment and contaminant mitigation, or other activity regulated by this chapter, a permit must be obtained by the Fire Department. Where applicable, this permit will comply with the requirements identified in Section 105 of the California Fire Code. these permits are non-recurring.

(Ord. 1060, passed 7-10-14)

No facility shall generate, treat and/or dispose industrial waste, either through off-site disposal or on-site discharge to the sanitary sewer, without obtaining and maintaining a permit from the Fire Department. The Fire Department may waive this requirement if the quantity and characteristics of the industrial waste generated at the facility is considered by the Fire Department to be insignificant. The initial application, five-year renewals, amendments, and plan reviews are subject to a non-recurring fee. The industrial waste disposal permit is renewed annually as part of the CUPA Permit. One of the following Industrial Waste permits shall be required:

(A) Joint Industrial Wastewater Discharge Permit. A Joint Industrial Wastewater Discharge Permit is required for any facility that discharges industrial wastewater to the sanitary sewer unless specifically exempted. This permit requires approval from both the Fire Department and the Los Angeles County Sanitation Districts. The term of the Joint Industrial Wastewater Discharge Permit is typically five years.

(B) City Industrial Waste Disposal Permit. A City Industrial Waste Disposal Permit is required if the facility generating, treating, and/or disposing industrial wastewater is not required to obtain a Joint Industrial Wastewater Discharge Permit. The City Industrial Waste Disposal Permit is renewed annually with the CUPA Permit.

(Ord. 1060, passed 7-10-14)

Permits issued pursuant to the chapter shall be subject to conditions imposed by statute and regulation and such additional conditions as the Fire Department determines are necessary to promote the purposes and objects of this chapter.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

Any permit issued pursuant to this chapter may be revoked or suspended during its term, upon one or more of the following grounds:

(A) Violation of any of the terms or conditions of the permit, including nonpayment of fees.

(B) Obtaining the permit by misrepresentation or intentional failure to fully disclose all relevant facts.

(C) Failure to comply with any of the terms or conditions of an administrative enforcement order, including non-payment of any penalties.

(D) A change in condition at the facility that leads the Fire Department to require the termination of the permitted activity to protect the public health, safety and welfare and to comply with the purposes of this chapter.

(E) Violation of any provision of this chapter, including the laws, ordinances and regulations incorporated by reference in this chapter.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) Fees required. Fees are hereby imposed on all handlers, owners and other persons who are subject to this chapter for required permits and to recover the costs associated with administering the regulations of the Environmental Protection Ordinance. The City Council shall establish such fees and may subsequently amend them in a schedule of fees that is adopted by resolution. In no event, however, shall Unified Program Element fees exceed those prescribed under state law as set forth in California Health & Safety Code § 25404.1.1.

(B) Fees for non-recurring permits. Fees for non-recurring permits issued pursuant to §§ 97.405 and 97.410 are due at the time of application.

(C) Fee refunds. The fees imposed by this section are nonrefundable and a permittee who terminates operations or regulated activities that are regulated by the CUPA Permit shall not be entitled a refund of fees for any remaining portion of that CUPA Permit period.

(D) Fee exemption. Any person or business which conducts, exclusively for charitable purposes, an activity for which a permit is required under this chapter, and from which no person benefits through the distribution of profits, payment of excessive charges or compensation, or the more advantageous pursuit of their business or profession shall obtain all required permits, and not be charged any fee for such permit. A written affidavit with the facts showing entitlement to such exemption from a fee requirement may be required by the Fire Chief. A person or business which conducts an activity for which a permit is required by this chapter shall be deemed to qualify for a no-fee permit if it complies with § 214 of the California Revenue and Taxation Code as now or hereafter amended.

(E) CUPA invoice. All annual CUPA Permit fees shall be consolidated by the Fire Department into a single annual invoice. The annual invoice shall also include Fire Department fees for the environmental and life safety protection programs listed in § 97.105(G) of this chapter, operation permits issued by Fire Prevention and any state-mandated service fees.

(F) Delinquent CUPA Permit renewal fees. Fees for renewal of a CUPA Permit are due as stated on the CUPA invoice. Fees not received by the CUPA invoice due date are delinquent and a late payment penalty may be added to the delinquent fees. The amount of the late payment penalty is established by a resolution of the City Council. Late payment penalties may not be waived unless the Fire Chief determines that the Fire Department imposed them in error. Failure to pay CUPA Permit fees in a timely manner is a violation of this chapter and imposition of a late payment penalty shall not bar the city from concurrently exercising any of its remedies in connection with said violation. Delinquent fees and late payment penalties are recoverable by the city in any manner allowed by law.

(G) State service fees. Any state imposed service fee applied to a Unified Program Element by Cal EPA as determined by the Secretary shall be listed as a separate item on each CUPA invoice issued by the Fire Department. Any such state imposed service fee shall be collected by the Fire Department and transmitted to the state in accordance with the Act and related regulations.

(H) Hazardous Materials Business Plan fees. The annual fees listed on the CUPA invoice for Hazardous Materials Business Plans are based upon the information contained in the most recent required submission of the inventory of hazardous materials or Regulated Substance Reporting Form. The quantity reported is considered to be current inventory or potential inventory unless amended as required pursuant to § 25508.1 of the Health and Safety Code.

(I) Re-inspection fee. The Fire Department may impose a re-inspection fee on any handler, owner or other person who violates this chapter for each successive inspection of a facility or premises on which the violation is detected. The amount of the re-inspection fee is established by a resolution of the City Council. In the event such fees are not paid, the Fire Department may decline to renew or revoke the permit until such fees are paid. In this event, the permittee shall not continue, maintain or resume the activity, use or condition that the expired permit had previously authorized. The city may recover such fees in any other manner provided by law.

(J) Fee proration. Facilities that first become subject to annual CUPA Permit requirements after January 1 will be charged 1/2 of the annual fee amount established by the City Council resolution for that fiscal year.

(K) Fee modification. The Fire Chief, with the concurrence of the City Council, may prospectively modify the fees charged for permits at particular types of facilities if the Fire Chief, in his or her discretion, believes that the standard fee(s) for such facilities do not accurately defray the costs to the Fire Department for administration of the Environmental Protection Ordinance.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)

(A) Violations. Unless otherwise specified in this chapter or in controlling state law, any violation of any provision or requirement of this chapter, or of any permit, approval, condition or corrective order made pursuant to this chapter, is unlawful and a misdemeanor punishable in accordance with § 10.97 of the Santa Fe Springs Municipal Code, as well as pursuant to applicable county and state laws (including, but not limited to, the administrative remedies set forth in California Health & Safety Code § 25404.1.1). The Fire Department may exercise any or all of the remedies that are authorized by this code, concurrently or otherwise, to address violations of this chapter, as well as those remedies that are authorized by the laws and regulations that are adopted herein by reference. The Fire Department's imposition of civil fines or penalties, as authorized by law, for a violation of this chapter, shall not preclude the imposition of additional sanctions, or the exercise of additional remedies against responsible persons as allowed by law. Each and every day a violation continues shall constitute a new and separate offense. Any person committing, continuing or permitting such an offense may be charged with a new and separate offense for each day such violation is continued.

(B) Penalties. Criminal, civil, and administrative penalties apply to violations defined in relevant portions of California Health & Safety Code § 25404, the California Fire Code, and this chapter.

(C) Judicial review. Unless otherwise specified under state or federal law, the timeframes for judicial review of any final administrative order under this chapter are as set forth in California Code of Civil Procedure § 1094.6.

(D) Power of arrest. Subject to complying with the requirements of Penal Code § 832 and/or § 31.01 of the Santa Fe Springs Municipal Code, Fire Department personnel, may make arrests of responsible persons who violate this chapter.

(E) Injunctions. When any person has engaged in, is engaged in, or threatens to engage in, any acts or practices which violate this chapter, or any resolution, rule, or regulation adopted pursuant to this chapter, the City Prosecutor may, in addition to any other available remedy, apply to any court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance.

(F) Notices to cease and desist. Nothing in this chapter shall prohibit the Fire Chief from electing to issue notices to cease and desist, notices of violations, or other types of warning notices as a precursor to more formal enforcement actions. The Fire Chief may issue such notices requiring the owner or operator of any facility, or any other responsible person for any violation of this chapter, to make any required corrective actions, including, but not limited to, the following:

(1) Immediately discontinue any prohibited discharge of a hazardous material, liquid industrial grade materials and/or waste,

(2) Immediately discontinue any other violation of this chapter,

(3) Remediate the area affected by the violation to the satisfaction of the Fire Department.

(G) Operating with an expired CUPA Permit. Any business that conducts, carries on, continues, engages in, or undertakes any activity or use, or that creates or maintains any condition that is regulated by this chapter with an expired CUPA Permit, is in violation of this chapter.

(H) Falsified information. No handler, owner or person shall make any false statement, omission or representation in any application, record, permit or other document filed or used for purposes of compliance with this chapter. Providing false information is a violation of this chapter.

(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)