Siskiyou County Municipal Code Ch. 10 Underground Storage of Hazardous Substances

It is the purpose of this Chapter to implement the provisions of Chapter 6.7 of Division 20 of the Health and Safety Code of the State and Sections 2610 et seq. of Title 23 of the California Administrative Code regarding the regulation of the underground storage of hazardous substances and to establish a procedure for the issuance of permits for the use of such facilities.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

The County Health Officer is hereby designated as the local agency responsible for administering and enforcing the provisions of this Chapter and Chapter 6.7 of Division 20 of the Health and Safety Code of the State.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

(a) No person shall operate a facility for the underground storage of any hazardous substance within the County except by authority of a valid permit to operate issued to the owner, and the operation of the facility shall be in conformance with the regulations adopted by the State Water Resources Control Board.

(b) A person shall be deemed to operate a facility and be in violation of this section if such person, without a required permit, supervises, inspects, directs, organizes, manages, or controls or is in any way responsible for or in charge of the facility for which the permit is required.

(c) This section shall not obviate the requirement to obtain valid permits pursuant to other provisions of law or to comply with other applicable ordinances, including, but not limited to, the provisions of this Code.

(d) The permittee may make emergency repairs to a facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five (5) working days after such emergency repairs have been started, the permittee shall seek approval by submitting drawings or other information to the County Health Department adequate to describe the repairs.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

The application for a permit shall be filed on a State Water Resources Control Board form and contain all such information as is prescribed by the County Health Officer. Each applicant shall submit the form along with a package to comply with the requirements of the State Water Resources Control Board. Such package shall contain any alternative method to be used in monitoring and the emergency plan to be employed by the applicant at the facility.

(§ 1, Urgency Ord. 86-32, eff. August 26, 1986)

The County Health Officer shall act upon the application not later than ninety (90) days after the date it is accepted as complete, unless the applicant has filed with the County Health Officer written notice of a request and received written approval for an extension of the time within which action is taken on the grounds that additional time is required to prepare or present plans or other information, obtain zoning variances or other permits, or make other corrections remedying inconsistencies with the provisions of this Chapter, or on the grounds that the County Health Officer has on file a written notice from another public agency showing just cause for an extension of time, and the County Health Officer has approved an extension of time pursuant thereto.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

The term of the permit to operate shall be five (5) years, at which time the permittee may apply in the manner prescribed in this Chapter for the renewal of the permit for another five (5) year term.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

(a) The permit shall contain a complete description of the enterprise for which it is issued, the date of the permit issuance, the date of the permit expiration, and a description of any and all conditions upon which the permit has been issued. A copy of the permit shall be kept on the storage premises and shall be made available to the County Health Officer.

(b) As a condition of any permit to operate an underground storage tank, the permittee shall complete a quarterly report on a form provided by the County Health Officer, which shall describe any change in the usage of any underground storage tank, including the storage of new hazardous substances, changes in monitoring procedures, and unauthorized release occurrences. In addition, the report shall contain copies of the inventory reconciliation for the past quarter.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

The operator of the underground storage facility shall monitor the facility using the method specified on the permit for the facility. Methods of testing will be with the approval of the County Health Officer and stated on the permit. Equipment used to perform any test shall be subject to County Health Department approval. Records shall be kept in sufficient detail and be made available to enable the County Health Officer to determine that the operator has undertaken all monitoring activities required by the permit, this Chapter, and the regulations of the Water Resources Control Board.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

(a) The Board of Supervisors shall establish by law a schedule of fees for applications, inspections, transfers of ownerships, abandonments, certification, and other related fees to reimburse the County for the costs of implementing this Chapter (Also see Section 3-10.19 of this Chapter)

(b) The County Health Department shall collect all such fees and the State surcharge established by State law.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

The County Health Officer shall inspect every underground storage facility along with inventory records pursuant to Section 25288 of the Health and Safety Code of the State or more frequently as deemed necessary by the County Health Officer.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

(a) Unless otherwise provided by law, any decision of the County Health Officer may be appealed to the Board of Supervisors by an interested party.

(b) Any such appeal shall be in writing on a form provided by the County Health Officer, and shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the County Health Officer not later than fifteen (15) days after the date of the decision. If an appeal is not filed within the time or in the manner prescribed in this subsection, the right to review the action against which the complaint is made shall be deemed to have been waived.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

Not later than thirty (30) days, or as soon thereafter as the matter can be heard, following the date of filing an appeal within the time and in the manner prescribed by Section 3-10.12 of this Chapter, the Board of Supervisors shall conduct a hearing on the appeal. Written notice of the time, date, and place of the hearing shall be mailed to the appellant not later than ten (10) days preceding the date of the hearing.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

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

(a) That an unauthorized release has occurred pursuant to Section 25294 or 25295 of the Health and Safety Code of the State;

(b) That modifications have been made to the underground storage tank or facility in violation of the permit;

(c) That the holder of the permit has violated one or more conditions upon which the permit was issued;

(d) Any violation of any statute, regulation, or this Chapter; or

(e) Any action constituting a public nuisance.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

The County Health Officer may revoke a permit by issuing a written notice of revocation, stating the reasons therefor, and serving the notice, together with a copy of the provisions of this Chapter and Chapter 6.7 of Division 20 of the Health and Safety Code of the State, upon the permittee. The revocation shall become effective fifteen (15) days after the date of service, unless the permittee files an appeal in accordance with the provisions of Section 3-10.12 of this Chapter. If an appeal is filed, the revocation shall not become effective until the appeal is decided by the Board of Supervisors. Nothing shall preclude an immediate revocation if the public health and safety are threatened.

(§ 1, Urgency Ord. 86-32, eff. August 26, 1986)

The County Health Officer shall honor any variance granted by the State Water Resources Control Board or the Regional Water Quality Control Board providing such variance was issued in accordance with the regulations established by the State Water Resources Control Board, and the term of the variance is not longer than five (5) years without review.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

The penalties set forth in Section 25299 of the Health and Safety Code of the State shall apply to all violations of this Chapter.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

(a) This Chapter shall be enforced by the County Health Officer, under the direction of the Board of Supervisors, and by all officers named by the County Health Department.

(b) For the purposes of enforcing or administering this Chapter, the County Health Officer or an authorized representative of such officer, upon presentation of his credentials or, if necessary under the circumstances, after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure of the State, shall have the right of entry to any premises on which an underground storage tank is located for the purpose of inspecting such tank, including securing samples of soils therefrom, or any records required to be maintained in connection therewith by the County Health Officer.

(§ I, Urgency Ord. 86-32, eff. August 26, 1986)

Fees established for the regulation of underground storage tanks shall be collected on all applications and activities performed by the County Public Health Department. Said fees are listed in Section VII of Table 5-7.01 of Chapter 7 of Title 5 of this Code regarding fees to be charged.

(§ I, Urgency Ord. 86-35, eff. September 8, 1986, as amended by § I, Ord. 89-36, eff. November 23, 1989)