Sutter County Municipal Code Ch. 770 Regulations Pertaining to the Certified Unified Program Agency

The purpose of this Chapter is to protect public health and safety, environmental quality, and economic vitality through effective and efficient implementation of the Unified Program.

(a) Authority for this Chapter derives from applicable sections of the California Health and Safety Code, Chapter 6.11, Section 25404 and California Code of Regulations Title 27, Division 1, Subdivision 4, Chapter 1, Section 15100.

(b) The Board of Supervisors hereby appoints the Development Services Department Director who, under its direction, will oversee the administration of the provisions of this Chapter and all applicable statutes of the State of California.

(Ord. 1584, Sec. 3, May 28, 2013)

It shall be the duty of the Development Services Department Director to administer and enforce the provisions of this Chapter, and it shall be the duty of every County officer to cooperate with employees of the Development Services Department in the enforcement of their duties related to this Chapter.

(Ord. 1584, Sec. 3, May 28, 2013)

When the certified unified program agency determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, variance, or other requirement that the agency is authorized to enforce or implement pursuant to California Health and Safety Code, Sections 25189.2(a-c), 25270.5, 25299(a-c), 25404.1.1, 25514.5, 25514.5(a), 25540(a & b), the agency may administer the penalties provided for in that section and each day the violation occurs is a separate violation.

Annual regulatory fees are required for Business Plans, Underground storage tanks, Hazardous Waste Generators, Above Ground Storage Tanks (SPCC), CalARP, State Surcharges, and incidental plan checks and inspections.

CUPA fees shall be established by the Board of Supervisors by resolution.

In the event a permitee fails to obtain a permit, or fails to renew a permit after its expiration date, he or she shall pay a penalty, established by the Board of Supervisors by resolution.

The County of Sutter hereby adopts by reference the definitions and requirements of the Business Plan program as required in California Health and Safety Code, Chapter 6.95, Article 1, Sections 25500-25520 and California Code of Regulations, Title 19, Division 2, Chapter 4, Sections 2620-2734 as existing and hereafter amended.

The County of Sutter hereby adopts by reference the definitions and requirements of the California Accidental Release Prevention (CalARP) Program as required in the California Code of Regulations, Title 19, Division 2, Chapter 4.5, Sections 2735-2785 as existing and hereafter amended.

The County of Sutter hereby adopts by reference the definitions and requirements of the Underground Storage Tank Program as required in California Health and Safety Code, Chapter 6.7, Sections 25280-25299; California Code of Regulations, Title 22, Division 4.5, Chapter 32, Section 6738.3; and Title 23, Division 3, Chapter 16, Sections 2610-2729 as existing and hereafter amended.

No person shall begin new construction, upgrade, repair or remove an underground storage tank of hazardous substances within the unincorporated area of Sutter County or within the incorporated boundary of any city within Sutter County, without first obtaining a permit from the local CUPA. If significant work has not begun within 90 days after permit issuance, the permitee shall obtain a new permit from the permitting authority and pay all fees associated with obtaining a new permit. After an application for a permit has been approved by the CUPA, contractors, owner/operators, service technicians or employees shall notify the local CUPA 48 hours before commencing any construction, upgrade, repair, or removal of an underground storage tank of hazardous substances.

The dispensing of fuel into the fuel tanks of automobiles at a retail fueling facility that sells motor fuel to the general public, shall be under the supervision of a designated, qualified attendant during normal business hours. Card lock facilities, Airports and Marinas shall be exempt from this requirement. All attendants shall be trained in accordance with Section 2715 of the California Code of Regulations.

The County of Sutter hereby adopts by reference the definitions and requirements of the Aboveground Storage Tank Program as required in California Health and Safety Code, Chapter 6.67, sections 25270-25270.13 as existing and hereafter amended.

The County of Sutter hereby adopts by reference the definitions and requirements of the Hazardous Waste Generator/Tiered Permitting Program as required in California Health and Safety Code, Chapter 6.5, Sections 25100-25250 and California Code of Regulations, Title 22 as existing and hereafter amended.

The County of Sutter hereby adopts by reference the definitions and requirements of the Hazardous Material Management Plans/Hazardous Material Inventory Statement Program as required in California Health and Safety Code, Chapter 6.11, Sections 25404.3(b) and 25404(c)(6) and California Code of Regulations, Title 27, Division 2, Chapter 4.5, Sections 15160(b)(1), 15100(g)(1), 15100(b)(2), 15100(g)(3), and 15330(a) as existing and hereafter amended.

Whenever the term "Hearing Authority" is utilized in this Chapter, it shall be deemed to refer to one or more persons assigned the responsibility of conducting a hearing by the Development Services Department Director. The Development Services Department Director shall be authorized to assign hearing responsibilities from time to time to either:

(a) County management personnel whom the Development Services Department Director finds are qualified by training and experience to conduct such hearings; or

(b) Any person or persons qualified by training or experience, who the Development Services Department Director may employ or who are retained by contract to conduct such hearings; or

(c) Administrative law judges assigned to the State of California Office of Administrative Hearings.

The Development Services Department Director is hereby authorized to contract in the name of the County for the retention of hearing services at rates that do not exceed funding appropriated by the Board of Supervisors.

(Ord. 1584, Sec. 3, May 28, 2013)

Any decision of the Development Services Department may be appealed to the Hearing Authority.

Any such appeal shall be in writing, shall state the specific reasons therefore and grounds asserted for relief, and shall be filed with the Development Services Department Director not later than 15 days after the date of service of notice of the determination from which appeal is taken. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived.

(Ord. 1584, Sec. 3, May 28, 2013)

Not later than 30 days, or longer if a notice of continuance is mailed to the appellant, following the date of filing an appeal within the time and in the manner prescribed by Section 770-110, the Hearing Authority shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be mailed to the appellant not later than ten days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the appellant. The provisions of the California Administration Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. At the conclusion of the hearing, the Hearing Authority shall prepare a written decision which either grants or conditionally grants or denies the appeal, and contains findings of fact and conclusions. Notice of the written decisions, including a copy thereof, shall be filed with the Development Services Department Director and mailed to the appellant not later than seven days following the date on which the hearing is closed.

(Ord. 1584, Sec. 3, May 28, 2013)

The decision by the Hearing Authority shall become final upon the date of filing and mailing.

(Ord. 1387, Sec. 3; Sept. 7, 2004)