Sec. 29-3. - Scope.

(a)

It is the intent of this chapter to regulate the storage, handling, and management of hazardous materials, whether in waste or nonwaste form, unless specifically preempted by state or federal law.

(b)

This chapter provides for the inventory and control of hazardous materials which are stored above ground and underground in both the incorporated and unincorporated areas of Sonoma County to the extent permitted by law except in those incorporated cities which are Certified Unified Program Agencies (CUPAs). The applicable statutes and regulations include the following:

(1)

Hazardous Materials Business Plans. This program includes chemical and hazardous waste inventories and emergency response plans. California Health and Safety Code, Division 20, Chapter 6.9, and Title 19 of the California Code of Regulations.

(2)

Risk Management and Prevention Planning. This program includes facilities which handle, use, or store acutely hazardous materials. California Health and Safety Code, Division 20, Chapter 6.95, and Title 19 of the California Code of Regulations.

(3)

Underground Storage Tank (UST) Program. This program includes all underground storage tanks except those exempted under federal and state law. California Health and Safety Code, Division 20, Chapter 6.7 and Chapter 6.75, and Title 23, Division 3, Chapter 16 and 18 of the California Code of Regulations.

(4)

Hazardous Waste Generator Program/Tiered Permitting Hazardous Waste On-Site Treatment. This program includes facilities which generate any quantity of hazardous waste. California Health and Safety Code, Division 20, Chapter 6.5 and Title 22, Division 4.5, Chapters 10, 11, 12, 16, 20, 23, 29, 31, 32, and 45 of the California Code of Regulations.

(5)

Aboveground Petroleum Storage Act Spill Prevention, Control and Countermeasure (SPCC) Plans. This program includes facilities which have aboveground storage of petroleum products in excess of one thousand three hundred twenty (1,320) total gallons. California Health and Safety Code, Division 20, Chapter 6.67.

(6)

California Fire Code, California Health and Safety Code, Division 13, Chapter 4, Part 2.5 commencing with Section 18935, Part 9 and Title 24, California Code of Regulations. This section of the Fire Code includes requirements for the hazardous materials business plan.

(c)

This chapter provides for regulatory action by the county to remedy or prevent an imminent risk of harm to the public health, domestic livestock, wildlife, or the environment arising out of any actual or threatened disposal or release of a material; authorizes the county to remedy any actual or threatened release not corrected by the responsible person, designates the persons responsible for the cost of such actions by the County; and provides for criminal and civil penalties to be assessed for violations of this chapter.

(d)

All definitions of terms stated herein are found in state and federal regulations and statutes except those noted in Section 29-4, Definitions.

(e)

The CUPA shall enforce standards found in the currently adopted California Fire Code as they relate to hazardous materials business plans.

(Ord. No. 6050, § I, 11-5-2013)