Sec. 29-4. - Definitions.

Unless the context indicates otherwise, the following definitions govern the construction of this chapter.

"Abandonment" means removing a hazardous material storage facility from service without compliance with this chapter.

"Board of supervisors" or "board" means the board of supervisors of Sonoma County.

"Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. For purposes of this chapter, "business" includes a business organized for profit and nonprofit business. "Business" also includes any city, county, district, the state, any department or agency thereof, or the United States.

"Business advisory group" means the CUPA advisory group comprised of a minimum of three (3) representatives from the local trade associations.

"Certified Unified Program Agency (CUPA)" means the Sonoma County agencies that have been certified by the Secretary of Cal-EPA to implement the unified program pursuant to Health and Safety Code Chapter 6.11 and California Code of Regulations Title 27, Division 1. Other county boards, departments and agencies may be designated by the board of supervisors to assist a unified program in the gathering of information, execution of investigations, enforcement, or other duties.

"Environment" means navigable waters, waters of zones contiguous to any navigable waters, oceans, seas, streams, creeks, rivers, ponds, pools, lakes, surface waters, groundwaters, drinking water supplies, land surface or subsurface strata, and ambient air.

"Facility" means:

(1)

Any one or, combination of, underground tanks used by a single business entity at a single location or site.

(2)

Contiguous land or structures, or other appurtenances, or improvements on land used for the above ground storage of hazardous materials.

(3)

Any combination of subsections (1) and (2).

"Health officer" means the Sonoma County public health officer or designee.

"Hearing officer" shall be a member of the California Bar admitted to practice no less than five (5) years as is required and shall have those powers set forth in Government Code Title 3, Division 2, Part 3, Chapter 14 including the power to conduct the hearing, the power to decide a matter upon which a hearing has been held, the power to make findings of fact and conclusions of law required for the decision, the power to issue subpoenas at the request of a party in interest, the power to receive evidence, the power to administer oaths, the power to rule on questions of law and the admissibility of evidence, the power to continue the hearing from time to time, and the power to prepare a record of the proceedings.

"Highly toxic material" means material which produces a lethal dose or lethal concentration in accordance with the California Fire Code.

"Imminent risk of harm" means a reasonable likelihood that public health, welfare, domestic livestock, wildlife, or the environment may be placed at risk in the near future. This term shall be construed consistent with CERCLA (42 USC Section 9601, et seq., as amended) and RCRA (42 USC Section 6901 et seq., as amended.)

"Lead agency" for hazardous materials management means the Sonoma County fire and emergency services department.

"Operator" means those persons described as "operators" by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 USC Section 9601 et seq.) and by the Resource Conservation and Recovery Act, Subtitle I, as amended (42 USC Section 6991(2)(B)(4)).

"Owner" means those persons described as "owners" by the Comprehensive Environmental Response and Liability Act, as amended (42 USC Section 9601 et seq.) and by the Resource Conservation and Recovery Act, Subtitle I, as amended (42 USC Section 6991(2)(B)(3)).

"Person" means an individual, business, trust, firm, joint stock company, corporation, including a government corporation, partnership, and association. "Person" also includes any city, county, district, the state, any department or agency thereof, or the United States, to the extent authorized by federal laws.

"Public agency" means any city, county, district, the state, any department or agency thereof, or the United States to the extent authorized by federal law.

"Recovery action" means those actions taken in connection with monitoring, assessing or evaluating a release or threatened release of a hazardous material or taken in connection with attempting an amelioration or permanent removal of a release or threatened release of a hazardous material, or any action taken by any governmental agency to compel the lawful disposal of hazardous materials, the remediation of a contaminated site, the removal of a threatened release, or to recover costs of disposal or remediation where a governmental agency has arranged for or accomplished the remediation of a threatened or actual release.

"Regulatory action" means any action taken by any governmental agency to enforce laws or regulations or this chapter relating to the storage, handling, or management, of hazardous materials.

"Substantial repair or modification" means any repair or modification that occurs within a six-month period that is equal to or greater than twenty per cent (20%) of the replacement cost or results in deviation from approved plans and specifications unless otherwise provided by law.

"Threatened release" means a condition creating an unreasonable risk of release.

(Ord. No. 6050, § I, 11-5-2013)