Chapter 11 — HAZARDOUS AND ACUTELY HAZARDOUS MATERIALS

It is the purpose of this Chapter to implement the provisions of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code of the State dealing with hazardous and acutely hazardous materials.

(§ I, Urgency Ord. 87-14, eff. May 26, 1987)

The County Health Officer is hereby designated as the local agency responsible for administering and enforcing the provisions of this Chapter and Chapter 6.95 of Division 20 of the Health and Safety Code of the State.

(§ 1 Urgency Ord. 87-14 eff. May 26, 1987)

Except as otherwise provided in this Chapter or by law, any business which handles a hazardous material shall establish a business plan for emergency responses to a release or threatened release of a hazardous material in accordance with the standards set forth in this Chapter. The administering agency shall require that all business plans have twenty-four (24) hour availability to emergency rescue personnel. The administering agency may make the business plans, or portions thereof, available to emergency rescue personnel for their use.

(§ 1, Urgency Ord. 87-14, eff. May 26, 1987)

The local Certified Unified Program Agency (CUPA) is authorized to take action pursuant to Health and Safety Section 25503.5(B)(2) to exempt from the inventory provisions of Health and Safety Code Section 25501 specific chemicals. Businesses are hereby exempt from reporting propane tank sizes of 1150 gallons or less and aboveground petroleum tanks 500 gallons or less used exclusively for heating a structure or operation of facility appliances (water heater, dryer, stoves, ovens, lighting, heating units, etc.). Said exemption does not apply to petroleum or propane tanks used for bulk sales or fueling of equipment or other uses where handling of the tank product is necessary.

(§ I, Ord. 04-12, eff. November 2, 2004)

The business plans required by Section 3-11.03 of this Chapter shall include all of the following:

(a)

An appropriate inventory form containing all the information required by law;

(b)

Emergency response plans and procedures in the event of a reportable release or threatened release of a hazardous material; and

(c)

Training for all new employees and annual training, including refresher courses, for all employees in safety procedures.

(§ 1, Urgency Ord. 87-14, eff. May 26, 1987)

Not later than six (6) months after the Office of Emergency Services adopts regulation standards for business plans, each handler shall submit its business plan to the administering agency and certify that the plan meets the requirements of law, including this Chapter. If, after review, the administering agency determines that the handler's business plan is deficient in any way, the agency shall notify the handler of such defects. The handler shall submit a corrected business plan within thirty (30) days after the notice. If a handler fails after reasonable notice to submit a business plan, the administering agency shall immediately take appropriate action to enforce the requirements of this section, including the imposition of civil and criminal penalties as provided by law.

Whenever a substantial change in the handler's operations occurs which requires a modification of its business plan, the handler shall submit a copy of the plan revisions to the administering agency within thirty (30) days after the operational change. A handler shall review, in any case, the business plan submitted pursuant to this Chapter at least once every two (2) years to determine if a revision is needed and certify to the administering agency that the review was made and that any necessary changes were made to the plan and submitted to the administering agency. Notwithstanding the provisions of this section, the inventory form shall be completed annually pursuant to law.

(§ I Urgency Ord. 87-14 eff. May 26, 1987)

The administering agency shall maintain files of all business plans received and shall index them by street address and company name. The business plan and revisions shall be available for public inspection during regular working hours.

(§ 1, Urgency Ord. 87-14, eff. May 26, 1987)

Any handler, upon discovery, shall immediately report any release or threatened release of a hazardous material to the administering agency, and to the Office of Emergency Services, in accordance with the regulations adopted by the Office of Emergency Services. Each handler shall provide all State, City, or County fire or public health or safety personnel and emergency rescue personnel with access to the handler's facilities.

(§ I, Urgency Ord. 87-14, eff. May 26, 1987)

If a handler believes that the inventory required by this Chapter involves the release of a trade secret, the handler shall nevertheless make the disclosure to the administering agency and shall notify the administering agency in writing of such belief on the inventory form. Upon the receipt of such notice, the administering agency shall protect from disclosure any trade secret designated by such handler, subject to the provisions otherwise contained in the law.

(§ 1, Urgency Ord. 87-14, eff. May 26, 1987)

The owner or operator of each business in the State which, at any time, handles any acutely hazardous material shall be required to file the acutely hazardous materials registration form as developed by the Office of Emergency Services with the administering agency. Such form shall be filed on or before September 1, 1987.

(§ I, Urgency Ord. 87-14, eff. May 26, 1987)

Within ninety (90) days after receiving an acutely hazardous materials registration form, the administering agency may require the submission of a Risk Management and Prevention Program (RMPP) if the administering agency determines that the handler's operation may present an acutely hazardous materials accident risk. The handler shall prepare such RMPP in accordance with law. The administering agency shall approve, disapprove, or suggest modifications to the RMPP within ninety (90) days after the owner or operator submits the RMPP.

(§ I, Urgency Ord. 87-14, eff. May 26, 1987)

The administering agency is authorized to conduct inspections as required to determine whether the provisions of law and this Chapter are being followed.

(§ 1, Urgency Ord. 87-14, eff. May 26, 1987)

The Board shall establish by law a schedule of fees in an amount sufficient to pay those costs incurred by the County in carrying out the provisions of this Chapter.

(§ I, Urgency Ord. 87-14, eff. May 26, 1987)

When the administering agency determines that a business has engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of this Chapter, and when requested by the administering agency, the District Attorney shall make an application to the superior court for an order enjoining the acts or practices or for an order directing compliance.

(§ I Urgency Ord. 87-14, eff. May 26, 1987)

The definitions contained in Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code of the State are hereby adopted and shall have the same meanings for the purposes of this Chapter.

(§ I, Urgency Ord. 87-14, eff. May 26, 1987)

The following fees are established for the regulation of hazardous and acutely hazardous materials and shall be collected on all applications and activities performed by the County Health Department effective May 26, 1987. The County Health Department is authorized to prepare administrative procedures to assist in implementing this Chapter, including, but not limited to, procedures for the timing and manner of collection of the fees involved:

(a)

Businesses handling hazardous materials (underground storage) 1

Annual Facilities Operating Permit Fees

Category Fee

1 $ 25.00

2 50.00

3 75.00

4 100.00

(b)

Businesses handling hazardous or acutely hazardous 2 materials (non-underground storage).

Annual Facility Operating Permit Fees

Hazardous Materials Acutely Hazardous Materials

Category Fee Category Fee

5 $125.00 9 $150.00

6 175.00 10 200.00

7 225.00 11 250.00

8 275.00 12 300.00

1 Businesses subject to State underground storage tank regulations and Chapter 10 of this title.

2 Acutely hazardous materials are those defined in Section 25532 of the Health and Safety Code of the State.

Primary fees shall be established by category level with the highest volume of materials. An additional permit fee of Twenty-Five and no/100ths ($25.00) Dollars will be charged for multiple category levels or groups as derived from the hazardous and acutely hazardous materials tables (subsection (c) of this section).

(c)

Hazardous materials tables.

Table I Hazardous Materials Facilities: Underground Storage Tanks

Category Level Volume (Gallons)

1 Less than 1,100

2 1,100—12,000

3 12,001—24,000

4 More than 24,000

Table II Hazardous Materials Facilities: Non-Underground Storage

Category Category Groups Level Solids Liquids (Gallons) Gas(Cubic Feet) (Pounds)

5 501—5,000 56—550 201—2,000

6 5,501—15,000 551—1,500 2,001—5,000

7 15,001—25,000 1,501—2,750 5,001—10,000

8 More than 25,000 More than 2,750 More than 10,000

Acutely Hazardous Materials Facilities: Non-Underground Storage

Category Category Groups Level Solids Liquids (Gallons) Gas(Cubic Feet) (Pounds)

9 100—5,000 20—550 201—2,000

10 5,501—15,000 551—1,500 2,001—5,000

11 15,001—25,000 1,501—2,750 5,001—10,000

12 More than 25,000 More than 2,750 More than 10,000

Fees

(d)

Business plan revisions $100.00

(e)

Transfers of owners 100.00

(f)

Violation reinspections 50.00 per visit

(g)

Responses to emergency incidents 50.00 per visit

(§ I, Urgency Ord. 87-15, eff. May 26, 1987)