Tehama Municipal Code Ch. 6.28 Underground Storage of Hazardous Substances

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Editor's note— Ord. No. 2080, § 3, adopted September 17, 2019, repealed Chapter 6.28 in its entirety and readopted a new Chapter 6.28 to read as set out herein. Former Chapter 6.28, §§ 6.28.010—6.28.250 pertained to similar subject matter and derived from Ord. 1332 § 1(part), adopted in 1986; Ord. 1356 (part) adopted in 1986; and Ord. 1528 (part), adopted in 1991.

The county hereby adopts by reference the requirements of Chapter 6.7, Division 20 of the Health and Safety Code, Section 25280 through 25299.6 inclusive and the California Code of Regulations, Title 23, Waters, Division 3, Water Resources Control Board, Chapter 16, Underground Tank Regulations, as adopted by the state Water Resources Control Board and approved by the Office of Administrative Law.

(Ord. No. 2080, § 3, 9-17-2019)

A. The Tehama County Department of Environmental Health is hereby designated as the local agency responsible for administering and enforcing the provisions of this chapter, state laws and regulations pursuant thereto as adopted by the State Water Resources Control Board relating to underground storage of hazardous materials and substances.

B. The Tehama County Department of Environmental Health is hereby designated as the local agency responsible for construction and installation standards of underground storage tanks pursuant thereto Chapter 6.7 of Division 20 of the Health and Safety Code, Sections 25291 and 25292.

(Ord. No. 2080, § 3, 9-17-2019)

A. No person shall own or operate an underground storage tank facility used for the storage of any hazardous substance within Tehama County except by a valid permit to operate, issued to the owner.

B. Any person assuming ownership of an underground storage tank which has a valid operating permit shall comply with Section 25284(c) of the Health and Safety Code.

C. No underground storage tank or facility shall be installed after February 15, 1986, until a permit to install is first obtained from the permitting authority.

D. A permit to install shall remain in effect until a permit to operate is granted, or the application is withdrawn.

E. Owners of underground storage tanks containing hazardous substances that meet the requirement of Section 2621 of Title 23 of the California Code of Regulations, shall be exempt from the provisions of this chapter.

(Ord. No. 2080, § 3, 9-17-2019)

The department shall not approve a permit until the applicant demonstrates full compliance with all applicable state and local laws.

(Ord. No. 2080, § 3, 9-17-2019)

Any person owning an underground storage tank installed prior to February 15, 1986 and which is used for the storage of hazardous substance shall submit an application for a permit to operate to the Tehama County Department of Environmental Health, with the fee as set forth in Section 6.28.170 no later than March 15, 1986.

(Ord. No. 2080, § 3, 9-17-2019)

Any person installing an underground storage tank used for the storage of hazardous substances shall submit an application for a permit to install to the Tehama County Department of Environmental Health thirty days prior to construction, with the fee as set forth in Section 6.28.170.

(Ord. No. 2080, § 3, 9-17-2019)

A. Any person owning an existing underground storage tank which is used for the storage of hazardous substances, and has complied with Section 6.28.050 of this chapter, shall submit the fee as set forth in Section 6.28.170 no later than January 31, 1987. This fee shall be due annually for the duration of the permit.

B. Any person installing a new tank after February 15, 1986, and has complied with Section 6.28.060 of this chapter, shall submit the fee as set forth in Section 6.28.170. This fee shall be due at the time of issuance of a permit to operate and due annually thereafter for the duration of the permit.

(Ord. No. 2080, § 3, 9-17-2019)

Any person amending a permit to operate shall submit an application for amendment and fee as set forth in Section 6.28.170 thirty days prior to any modification to the existing permit conditions. Tank owners shall continue to comply with Section 6.28.070 while applying for a modification to the current permit conditions.

(Ord. No. 2080, § 3, 9-17-2019)

No permit to operate shall be renewed unless the underground storage tank is in compliance with requirements set forth in Chapter 6.7 of Division 20 of the Health and Safety Code, Title 23 of the California Code of Regulations as applicable, and the conditions of the permit.

(Ord. No. 2080, § 3, 9-17-2019)

Permit transfers shall comply with Section 2712(f) of the California Administrative Code, Title 23, Waters; Chapter 3, Water Resources Control Board; Subchapter 16, Underground Tank Regulations. Any person transferring ownership of an underground storage tank which is used for storage of hazardous substances shall submit an application for transfer and the required fee.

(Ord. No. 2080, § 3, 9-17-2019)

No person shall close or temporarily close an underground storage tank containing a hazardous substance without filing an application for closure with the Tehama County Department of Environmental Health. This application for closure shall be submitted thirty days prior to closure with the fee as set forth in Section 6.28.170.

(Ord. No. 2080, § 3, 9-17-2019)

The Tehama County Department of Environmental Health may inspect every underground storage facility at least once every year or more frequently as deemed necessary.

(Ord. No. 2080, § 3, 9-17-2019)

A. Any decision by the Tehama County Department of Environmental Health may be appealed to the Board of supervisors by an interested party.

B. Any such appeal shall be in writing and state the specific reasons therefor and grounds asserted for relief, and shall be filed with the Tehama County Department of Environmental Health not later than fifteen days after the date of the decision. Failure to file an appeal within the time limit or in the manner prescribed, shall constitute a failure to exhaust administrative remedies.

(Ord. No. 2080, § 3, 9-17-2019)

Not later than thirty days following the date of filing an appeal, the board of supervisors shall conduct a hearing. Written notice of time, date and place shall be mailed to the applicant not later than ten days preceding the date of the hearing.

(Ord. No. 2080, § 3, 9-17-2019)

The current schedule of fees for permitting underground storage tanks in the county is on file at the Tehama County Department of Environmental Health.

(Ord. No. 2080, § 3, 9-17-2019)

All billings are due and payable within thirty days of date of statement. Any fee not paid within thirty days of the statement shall be subject to penalty and accrued interest in accordance with the current schedule of fees on file at the Tehama County Department of Environmental Health. The delinquent fee may be waived by the Director of Tehama County Department of Environmental Health when it is determined to be in the best interest of the county.

(Ord. No. 2080, § 3, 9-17-2019)

A. The Tehama County Department of Environmental Health may recover from the tank owner or operator any costs that exceed the fees as set forth in Section 6.28.170.

B. The tank owner or operator is responsible for paying for any laboratory analysis required by the Tehama County Department of Environmental Health.

(Ord. No. 2080, § 3, 9-17-2019)

Any permit issued pursuant to this chapter may be revoked during its term upon one or more of the following grounds:

A. That an unauthorized release has occurred pursuant to Section 25294 or 25295 of the Health and Safety Code;

B. That modifications have been made to the underground storage tank or facility in violation of the permit;

C. That the holder of the permit has violated one or more conditions upon which the permit has been issued.

(Ord. No. 2080, § 3, 9-17-2019)

The Tehama County Department of Environmental Health may revoke a permit by issuing a written notice of revocation, stating the reasons therefore, and serving same, together with a copy of the provisions of this chapter and Chapter 6.7 of Division 20 of the Health and Safety Code upon the permittee. The revocation shall become effective fifteen days after the date of service, unless the permittee files an appeal in accordance with the provisions of Section 6.28.150 of this chapter. If an appeal is filed, any revocation action shall cease until the board of supervisors grants or denies the appeal

(Ord. No. 2080, § 3, 9-17-2019)

The Tehama County Department of Environmental Health shall honor any variance granted by the State Water Resources Control Board or the Regional Water Quality Control Board, providing such variances were issued in accordance with the regulations established by the State Water Resources Control Board.

(Ord. No. 2080, § 3, 9-17-2019)

A violation of any of the provisions of this chapter not specifically mentioned in Section 25299 of the Health and Safety Code is an infraction.

(Ord. No. 2080, § 3, 9-17-2019)

A. This chapter shall be enforced by the Tehama County Department of Environmental Health. Persons authorized to enforce this chapter are authorized to arrest without warrant as provided in Section 836.5 of the Penal Code.

B. For the purpose of enforcing or administering the chapter, the Tehama County Department of Environmental Health or an authorized representative of such department, upon presentation of his credentials, or if necessary under the circumstances, after obtaining an inspection warrant pursuant to Title 13, (commencing with Section 1822.50) Part 3 of the Code of Civil Procedures, shall have the right of entry to any premises on which an underground storage tank is located for the purpose of inspecting such tank, including securing samples of water or soil therefrom, and any records required to be maintained in connection therewith by the Tehama County Department of Environmental Health.

(Ord. No. 2080, § 3, 9-17-2019)

Owners of underground storage tanks of hazardous substances as defined in Chapter 6.7, Section 25281 are responsible for all cleanup costs or any unauthorized releases from their tanks, piping or any other associated equipment.

(Ord. No. 2080, § 3, 9-17-2019)