Saratoga Municipal Code Art. 8-50 Remedial Action

A permit may be subjected 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 County;

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

Unless the County Executive finds that an immediate suspension under Section 8-50.040 is necessary to protect the public health or safety from imminent danger, the officer shall issue a notice of noncompliance:

(a) For failure to comply with the provisions of this Chapter, any permit conditions or any provisions of the Hazardous Materials Management Plan; or

(b) Before instituting remedial action pursuant to Section 8-50.010(d).

Such notice shall 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.

A notice of hearing shall be given to the permittee by the County Executive in writing, setting forth the time and place of the hearing, the ground or grounds upon which the remedial action is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be given at least fifteen days prior to the hearing date. A copy of such notice shall be furnished by the County Executive to the City Manager.

Whenever the County Executive 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 County Executive may immediately suspend any permit pending the hearing for remedial action. The County Executive shall immediately notify the permittee of such suspension by having a written notice of the suspension personally served on the permittee. The permittee shall have the opportunity for a preliminary hearing with regard to such prehearing suspension within three working days of receiving written notice of such suspension.

If the County Executive after the hearing, finds that cause exists for remedial action, the County Executive shall 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 8-50.020;

(c) A revocation of the permit for the facility or for a storage facility and approval of a provisional permit;

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

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

(f) 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 8-50.010(c), (d) or (e) and if such grounds are limited to one storage facility, the remedial action taken shall be limited to that storage facility.

Within ten days of the hearing the County Executive shall render a written opinion, stating the findings upon which the decision is based and the action taken, if any. The decision of the County Executive shall be the final administrative determination and is subject to judicial review. A copy of such decision shall be furnished to the City Manager.

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

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