Sierra County Municipal Code Ch. 36.05 Storage of Hazardous Substances in Underground Tanks

The purpose of this title is to implement Chapter 6.7 of the Cal. Health & Safety Code §§ 25280 et seq., and any amendments thereto, and to provide for the collection of fees necessary to pay the cost incurred by Sierra County in administering a program for the purpose of preventing contamination from the improper storage of hazardous substances stored underground; to ensure that newly constructed storage tanks meet appropriate standards; and that existing underground storage tanks be maintained, inspected and tested to protect the public health, property and resources.

The provisions of this title shall apply to the incorporated and unincorporated areas of Sierra County excepting any city, which has assumed responsibility for implementation of such program enacted pursuant to Cal. Health & Safety Code § 25283.

In implementing the aforementioned program, Sierra County, through its Health Department, will be acting as a local agency as that term is defined in Cal. Health & Safety Code § 25281(e). This title shall be further implemented according to such regulations as the Board of Supervisors shall, by resolution, adopt. (Formerly 36.01)

Sierra County hereby adopts by reference the requirements of Chapter 6.7 of Division 20 of the Cal. Health & Safety Code §§ 25280 through 25299.6, amendments inclusive and the regulations as adopted pursuant thereto by the State Water Resources Control Board for the underground storage of hazardous substances. (Formerly 36.02)

“Underground storage tank” means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances as defined in Cal. Health & Safety Code § 25281(d) and amendments thereto and which is substantially or totally beneath the surface of the ground.

“Underground storage tank” does not include any of the following:

A. A tank used for the storage of hazardous substances used for the control of external parasites of cattle and subject to the supervision of the County Agricultural Commissioner if the County Agricultural Commissioner determines, by inspection prior to use that the tank provides a level of protection equivalent to that required by Cal. Health & Safety Code § 25291, if the tank was installed after June 30, 1984, or protection equivalent to that provided by Cal. Health & Safety Code § 25292, if the tank was installed on or before June 30, 1984.

B. A tank which is located on a farm and stores motor vehicle fuel which is used only to propel vehicles used primarily for agricultural purposes.

C. A tank which holds 1,100 gallons or less, is located at a residence of a person, and stores home heating fuel used exclusively for personal and nonincome producing purposes.

D. A tank which is used for aviation or motor vehicle fuel, which is located within one mile of a farm and used by a licensed pest control operator, as defined in Section 11705 of the California Food and Agricultural Code, who is primarily involved in agricultural pest control activities. (Formerly 36.03)

The Sierra County Health Department shall be responsible for:

A. Administration and enforcement of this title;

B. Administration and enforcement of any regulations pertaining thereto as adopted by the Board of Supervisors;

C. Administration and enforcement of state law and the regulations adopted pursuant thereto by the California Water Resources Control Board; and

D. Collection of fees, permit processing, inspection, revocation, and administration/cleanup of unauthorized releases as provided herein. (Formerly 36.04)

A. No persons shall install, operate, construct, modify, close or abandon an underground storage tank within the unincorporated and incorporated areas of Sierra County unless by authority of a valid, unexpired and unrevoked permit issued to the owner/operator by the Sierra County Health Office or his designee.

B. A permit shall not be issued for any underground storage tank unless the tank or facility meets the appropriate requirements of the California Health and Safety Code, Division 20, Chapter 6.7 (commencing with Cal. Health & Safety Code § 25280), SubPart 16 of Title 23 of the California Administrative Code, and any regulations adopted by the Board of Supervisors.

C. Permits are not transferable. (Ord. 1091, eff. 5/7/20. Formerly 36.05)

A. An application for the permit shall be filed with the Sierra County Health Department on a form prescribed by the Sierra County Health Officer, and shall be accompanied by the required and requested information, together with any fee for such permit as established by the Board of Supervisors.

B. All permits shall be valid for a period ending August 31st of each year.

C. The Sierra County Health Officer or his designee shall act upon the application no later than 30 days after the date it is accepted as complete, unless the applicant has filed with the Health Officer a written notice for extension of time and an extension of time has been granted by the Health Officer or his designee.

D. All applications for permits shall be accompanied by evidence that the landowner of the subject land upon or under which the tank is to be installed, operated, constructed, modified, abandoned or closed consents to the application for the issuance of the permit by the Sierra County Health Department.

E. Any person applying for a permit to construct, install or modify an underground storage tank shall submit complete plans and specifications for such construction, installation or modification to the Sierra County Health Department. The Health Department shall review the plans to determine compliance with all applicable laws and regulations pertaining thereto. All plans shall be approved or rejected within 20 working days after receipt by the Health Department; the applicant shall be notified in writing of the decision of the Health Department.

F. The Sierra County Building Department shall not issue a building permit, where applicable, until it has received notice of plan approval by the Sierra County Health Department.

G. Upon completion of the construction, installation or modification of any underground storage tank or tanks, the permittee shall prior to operation of said tank or tanks give notice, in writing, of such completion to the Health Department. Within a reasonable time following the receipt of such notice, the Health Department shall inspect such underground tank or tanks, and if approved by the Health Department, the Health Department shall issue a permit or permits to operate such underground storage tank or tanks. No underground storage tank or tanks shall be placed in operation without prior issuance of a valid, unrevoked permit to operate from the Health Department.

H. Any person proposing to abandon or close an underground storage tank or facility shall, prior to abandoning, closing, destroying or removing an existing underground storage tank or tanks, apply for and obtain a permit to abandon or close, temporarily or permanently, an underground storage tank or tanks; the application shall be made to the Sierra County Health Department by the owner on a form prepared and provided by the Health Department. The application must be accompanied by written plans which must be approved by the Sierra County Health Officer or his designee prior to issuance of any permit. (Ord. 1091, eff. 5/7/20. Formerly 36.06)

A. Fee Schedule. The fee schedule for permits issued pursuant to this title, exclusive of surcharges adopted by the Legislature of the state of California, pursuant to Cal. Health & Safety Code § 25287(b) and amendments, shall be established and set forth by resolution of the Board of Supervisors. Permit to operate fees are collected annually.

B. State Surcharge. Sierra County shall collect the state surcharge for each underground storage tank in an amount which is imposed and determined by the state of California. The state surcharge fees are billed together with permit fees, and remitted to the state quarterly. This fee shall be in addition to any other fees collected. (Ord. 1091, eff. 5/7/20. Formerly 36.07)

A. Any permittee aggrieved with the decision of the Health Officer shall have the right to appeal to the Board of Supervisors within 10 days of the decision of the Health Officer.

B. The Clerk shall set the matter for the hearing before the Board of Supervisors. (Formerly 36.08)

Violations of this title, including the provisions of the California Health and Safety Code as adopted by reference in SCC 36.05.020 shall be punished as provided for in Cal. Health & Safety Code § 25299 and any subsequent amendments thereto.

In addition to all the other penalties and remedies provided by law, if such persons fail to take appropriate action within the time provided, the County Counsel, upon order of the Board of Supervisors, shall bring an action in the name of Sierra County in the Superior Court under provisions of the Cal. Civ. Proc. Code §§ 525 et seq., to enjoin violations of this title. (Formerly 36.09)