Saratoga Municipal Code Art. 8-05 General Provisions

The purpose of this Chapter is the protection of health, life, resources, property through prevention and control of unauthorized discharges of hazardous materials.

The City hereby delegates to the County, acting by and through such officers, employees, boards, commissions, agents, or other representatives as may be designated by said County, the duty and responsibility to administer and enforce provisions of this Chapter. The County is further authorized to establish and collect fees and other charges payable by applicants and permittees hereunder and the County may retain such fees and charges to compensate itself for the costs of administering and enforcing this Chapter.

(a) No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials:

(1) In a manner which violates a provision of this Chapter or any other local, federal, or state statute, code, rule, or regulation relating to hazardous materials; or

(2) In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.

(b) The County shall have discretion to exempt an applicant from any specific requirements of this Chapter, other than the requirement for secondary containment in underground storage facilities (unless a variance from such requirements is granted pursuant to Subsection 8-15.020(c)(4) of this Chapter), or to require an applicant to meet additional or modified requirements, where such action would be appropriate and consistent with achieving the general obligation of this Chapter for protecting public health, safety, and welfare.

(a) Any person, firm, or corporation which stores any material regulated by Section 8-10.010 which is not excluded by Section 8-10.020 shall obtain and keep current a Hazardous Materials Storage Permit.

(b) All such hazardous materials shall be contained in conformity with Article 8-15 of this Chapter.

(c) The storage of such hazardous materials shall be in conformance with the approved Hazardous Materials Management Plan.

Unless otherwise expressly stated, whenever used in this Chapter, the following terms shall have the meanings set forth below:

(a) Abandoned, when referring to a storage facility, means out of service and not safeguarded in compliance with this Chapter.

(b) County means the County of Santa Clara.

(c) Facility means a building or buildings, appurtenant structures, and surrounding land area used by a single business entity at a single location or site.

(d) Hazard class means Explosives A, Explosives B, Explosives C, Blasting agents, Flammable liquids, Combustible liquids, Flammable solids, Oxidizers, Organic peroxides, Corrosive materials, Flammable gases, Nonflammable gases, Poisons A, Poisons B, Irritating materials, Etiologic agents, Radioactive materials, Other Regulated Material (ORM) A, B, C, D and E. For purposes of this Chapter, the U.S. Department of Transportation (DOT) definitions in 49 CFR Part 173 as amended shall be utilized; however, whenever the definitions in 49 CFR 173 refer to transportation or hazards associated with transportation, they shall be deemed to refer to storage or other regulated activity under this Chapter.

(e) Hazard material means any material which is subject to regulation pursuant to Article 8-10 of this Chapter. A mixture shall be deemed to be hazardous material if it either is a waste and contains any material regulated pursuant to Article 8-10 of this Chapter, or is a nonwaste and contains one percent by volume or more of any material regulated pursuant to Article 8-10 of this Chapter.

(f) Officer means the employee assigned by the County to administer this Chapter or any designee of such employee.

(g) Permit means any Hazardous Materials Storage Permit issued pursuant to this Chapter, as well as any additional approvals thereto.

(h) Permit quantity limit means the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage facility for which a permit is obtained in accordance with the requirements of this Chapter.

(i) Permittee means any person, firm, or corporation to whom a permit is issued pursuant to this Chapter and any authorized representative, agent or designee of such person, firm or corporation.

(j) Pipes means pipeline systems which are used in connection with the storage of hazardous materials exclusively within the confines of a facility and which are not intended to transport hazardous materials in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.

(k) Primary containment means the first level of containment, i.e. the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.

(l) Product-tight means impervious to the hazardous material which is contained, or is to be contained, so as to prevent the seepage of the hazardous material from the primary containment. To be product-tight, the container shall be made of a material that is not subject to physical or chemical deterioration by the hazardous material being contained.

(m) Secondary containment means the level of containment external to and separate from the primary containment.

(n) Single-walled means construction with walls made of but one thickness of material. Laminated, coated, or clad materials shall be considered as single-walled.

(o) Storage facility means any one or combination of tanks, sumps, wet floors, waste-treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials at a facility.

(p) Sump means a pit or well in which liquids collect.

(q) Unauthorized discharge means any release or emission of any hazardous material which does not conform to the provisions of this Chapter, unless such release is in accordance with the release regulations of the Bay Area Air Quality Management District and California Air Resources Board, with a National Pollutant Discharge Elimination System Permit, with waste discharge requirements established by the Regional Water Quality Control Board pursuant to the Porter Cologne Water Quality Act, or with local sewer pretreatment requirements for Publicly Owned Treatment Works. Controlling agencies may differ for different local jurisdictions.

(r) Wet floor means a floor which is used to routinely collect, contain or maintain standing liquids or to transmit standing liquids on a more or less continuous basis.

Whenever the approval or satisfaction of the County may be required in this Chapter for a design, monitoring, testing or other technical submittal by an applicant or permittee, the County may, in its discretion, require such applicant or permittee, at such applicant's or permittee's sole cost and expense, to retain a suitably qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to the County, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this Chapter. The County shall be entitled to rely on such evaluation and/or opinion of such engineer, chemist or professional consultant in making the relevant determinations provided for in this Chapter.

(a) In any hearing under this Chapter, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross examine any witnesses against them. Any hearing under this Chapter may be continued by the person conducting the hearing for a reasonable time for the convenience of a party or a witness.

(b) All notices required by this Chapter shall be sent by certified mail, postage prepaid, to the applicant or permittee at the address given for purposes of notice on the application or permit or delivered to the permittee personally.