Tehama Municipal Code Ch. 9.30 Hazardous and Acutely Hazardous Materials

It is the purpose of this chapter to adopt by reference the provisions of Chapter 6.95, Articles 1 and 2, Section 25500 et seq., of the California Health and Safety Code titled, "Hazardous Materials Release Response Plans and Inventory," with the regulations contained in Title 19, California Code of Regulations and to detail the local management of hazardous materials.

(Ord. 1429 § 1(part), 1988)

It shall be the duty of the Tehama County health officer to administer and enforce the provisions of this chapter, and state laws and regulations pursuant thereto.

(Ord. 1429 § 1(part), 1988)

This chapter shall take effect in all unincorporated areas and incorporated areas of Tehama County since there are no city ordinances implementing Chapter 6.95 of the Health and Safety Code as specified in Section 25502(b) of the California Health and Safety Code.

(Ord. 1429 § 1(part), 1988)

The definitions contained in Chapter 6.95, Section 25500 et seq., of the California Health and Safety Code titled, "Hazardous Materials Release Response Plans and Inventory," and Title 19, Section 2620 et seq., of the California Code of Regulations titled "Hazardous Material Release Reporting, Inventory, and Response Plans," are adopted and have the same meaning for purposes of this chapter, except the following terms shall have the meanings set forth below:

A. "Administering agency" shall mean the health officer or his designated agent, the Tehama County division of environmental health. The administering agency may rely upon the agricultural commissioner to receive inventories from farm businesses.

B. "Establishment" shall mean any business, place or activity of a commercial or noncommercial nature, which stores or handles hazardous materials or acutely hazardous materials. A household which generates, stores, handles, disposes of, treats or recycles hazardous waste, hazardous materials or acutely hazardous materials of the kinds and in the amounts customary for ordinary households is not an establishment.

C. "Reporting year" shall mean the calendar year.

D. "Hazardous material." This term shall have the meaning of the most recently adopted Section 25501, Health and Safety Code, which at this time is: "Hazardous material" shall mean any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health or safety or to the environment if released into the workplace or the environment. "Hazardous materials" shall include, but are not limited to hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

E. "Acutely hazardous material." This term shall have the meaning of the most recently adopted Section 25532 Health and Safety Code which at this time is: "Acutely hazardous material" shall mean any chemical on the list prepared by the Environmental Protection Agency and classified as an acutely toxic material according to the criteria set forth in the Chemical Emergency Preparedness Program Interim Guidance document on November 1, 1985, and any supplemental amendments to the document.

(Ord. 1429 § 1(part), 1988)

The materials regulated by this chapter shall consist of the following:

A. Hazardous materials;

B. Acutely hazardous materials;

C. A material may be added to the list of hazardous or acutely hazardous materials set forth in this chapter upon the findings of the health officer that it satisfies the following criteria:

1. It does not fall within the purview of exempted categories of materials,

2. The material because of its quantity, concentration or physical or chemical characteristics fits the parameters of the definition in this chapter of "hazardous" or "acutely hazardous materials."

(Ord. 1429 § 1(part), 1988)

A. No person shall operate an establishment which handles or stores, or intends to handle or store, a hazardous material, acutely hazardous material, or a mixture containing a hazardous material or acutely hazardous material which has a quantity in the aggregate at any one time during the reporting year equal to or greater than, a total weight of five hundred pounds or a total volume of fiftyfive gallons or two hundred cubic feet at standard temperature and pressure for compressed gas, without a valid permit from the administering agency issued on forms approved by the health officer.

B. A person operating a farm for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity is exempted from the permit requirements of this section provided that:

1. The handler annually provides the inventory of information required by Section 25509, Chapter 6.95, California Health and Safety Code, to the administering agency or the county agricultural commissioner before January 1st of each year; and

2. Each building in which hazardous materials subject to this chapter are stored is posted with signs which provide notice of the storage of any of the following (See Title 19, Section 2734, California Code of Regulations):

a. Pesticides,

b. Petroleum fuels or oil,

c. Types of fertilizers; and

3. The county agricultural commissioner forwards the inventory to the administering agency within thirty days after receiving the inventory;

4. An acutely hazardous material registration form is completed by the owner or operator of each farm which handles acutely hazardous materials in a quantity subject to this code. This form shall be submitted to the administering agency. In addition, if required by the administering agency, a risk management and prevention program, pursuant to the requirements of Sections 25534 and 25535, Chapter 6.95, Article 2, California Health and Safety Code shall be submitted to the administering agency. To be exempt from permit requirements, the farm business shall be in compliance with subsection (B) (1), (2) and (3) of this section.

(Ord. 1429 § 1(part), 1988)

The business emergency response plans and business inventory statements required by this chapter shall be deemed an application for a permit.

All existing establishments engaging in a practice subject to this chapter shall submit a business emergency response plan and business inventory statement within ninety days of the effective date of the ordinance codified in this chapter. If said plan and statement are not received within ninety days, the establishment is in violation of Section 9.30.060 and enforcement action pursuant to this chapter may be initiated by the health officer.

All establishments proposing to engage in a practice subject to this chapter, which will commence operations on or after the effective date of the ordinance codified in this chapter, shall submit an application at least thirty days prior to commencing such operations.

(Ord. 1429 § 1(part), 1988)

A minimum of two copies of all required business emergency response plans and business inventory statements shall be provided to the administering agency.

The business emergency response plans and business inventory statements shall contain all information requested by the health officer.

(Ord. 1429 § 1(part), 1988)

An annual permit to operate will be issued only after receipt of business emergency response plans, business inventory statements and all other information as required by this chapter, any fees established by the board of supervisors are paid, and review reveals that the information required by this chapter is complete.

Permits shall be valid for one year from the date of issuance and shall be nontransferable and nonassignable.

(Ord. 1429 § 1(part), 1988)

Under certain circumstances, a new or renewal permit for hazardous materials may be issued in the absence of affirmation or inspection by the various agencies who identify deficiencies or violations of laws to be enforced by this chapter. These circumstances are the result of the time periods set to promote expeditious processing of applications and to reduce delays to awaiting applicants. For these reasons, a permit may be issued notwithstanding the possible existence of violations of the laws sought to be enforced. Neither the issuance nor receipt of a permit shall constitute evidence of compliance with the laws sought to be enforced or a representation or assurance to the recipient upon which reliance is authorized or intended by the county that the enterprise for which the permit is issued or the property or premises upon or in which it is located complies with such laws.

(Ord. 1429 § 1(part), 1988)

All containers and/or buildings containing hazardous or acutely hazardous materials shall be identified by attachment of the NFPA adopted diamondshaped, red, blue, yellow and white hazardous material labeling.

(Ord. 1429 § 1(part), 1988)

The administering agency is authorized to conduct inspections as required to determine whether the provisions of state law and this chapter are being followed. The administering agency may pursue memoranda of understandings with emergency response agencies to provide for on-site inspections. The memoranda of understandings, if approved by the board of supervisors and the responding agency, shall have the full force and effect of law.

Establishments subject to this chapter shall conduct regular inspections of their own facilities to assure compliance with this chapter and should maintain logs or file reports to support such activities.

(Ord. 1429 § 1(part), 1988)

All hazardous material storage shall comply with the standards contained in the 1985, or most recently adopted, edition of the Uniform Fire Code, article 80, titled Hazardous Materials. Where differences occur between this chapter and the referenced standards, the provisions of this chapter shall apply.

(Ord. 1429 § 1(part), 1988)

Storage or handling of hazardous materials in such a manner as to present safety hazards that could cause or contribute to a release of a hazardous material into the workplace or the environment or cause or contribute to a health hazard to an employee, emergency responder or the general public, is a violation of this chapter and a public nuisance, dangerous to health, and shall be enjoined or summarily abated in the manner provided by law.

(Ord. 1429 § 1(part), 1988)

Any person, establishment, firm or organization responsible for storing the hazardous material shall institute and complete all actions necessary to remedy the effects of any unauthorized discharge, whether sudden or gradual.

(Ord. 1429 § 1(part), 1988)

Farm businesses which handle or store hazardous materials for thirty days or less are exempt from the inventory requirements, provided the farm business is in compliance with Section 9.30.060(B)(2) of this chapter.

(Ord. 1429 § 1(part), 1988)

The board of supervisors shall from time to time establish a schedule of fees or other funding in an amount sufficient to pay those costs incurred by the county in carrying out the provisions of this chapter and in responding to emergencies involving hazardous materials, and hazardous wastes without regard to whether it was the establishment's responsibility.

(Ord. 1429 § 1(part), 1988)

The health officer may propose additional standards and regulations when deemed necessary to protect the health, safety and general welfare of the public, employees or emergency responders. The health officer shall submit any proposals to the board of supervisors in the form of a resolution and if approved by the board of supervisors, shall have the full force and effect of law.

(Ord. 1429 § 1(part), 1988)

The health officer may revoke a permit by issuing a written notice of revocation, stating the reasons therefor, and serving the same together with a copy of the provisions of this chapter and Chapter 6.95 of the California Health and Safety Code for hazardous or acutely hazardous material violations. The revocation shall become effective fifteen days after the date of service unless the permittee files an appeal in accordance with the provisions of this chapter. If an appeal is filed, any revocation action shall cease until the board of appeals grants or denies the appeal.

(Ord. 1429 § 1(part), 1988)

The board of supervisors shall act as a board of appeal in making a correct determination of any appeal arising from actions of the administering agency utilizing the procedures of Section 9.22.380 of this code.

(Ord. 1429 § 1(part), 1988)

A violation of any of the provisions of this chapter is a misdemeanor punishable by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. A separate offense is committed upon each day or portion thereof during or on which a violation occurs or continues.

If a violation results in an emergency, including a fire, to which Tehama County must respond, that establishment, without regard to responsibility, may be assessed the full cost of the county's response, as well as the full cost of cleaning up and disposing of such hazardous materials.

Tehama County may petition the superior court pursuant to Government Code, Section 54740 to impose, assess and recover such sums. The remedy provided in this section is cumulative and nonexclusive, and shall be in addition to any other appropriate penalty provisions of this code and all other remedies available to the county.

(Ord. 1429 § 1(part), 1988)

The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth in this chapter are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter shall not create liability on the part of Tehama County, or upon any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons handling, storing, using, processing and disposing of hazardous materials within the county should be and are advised to determine to their own satisfaction the level of protection, in addition to that required by this chapter, necessary or desirable to ensure that there is no unauthorized discharge of or exposure to hazardous materials.

(Ord. 1429 § 1(part), 1988)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter. The board of supervisors hereby declares that it would have passed this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional.

(Ord. 1429 § 1(part), 1988)