Tuolumne County Municipal Code Ch. 13.24 Hazardous Materials Management

Sections:

13.24.010 Findings and Purpose

13.24.020 Definitions

13.24.030 Certified Unified Program Agency (CUPA)

13.24.040 Unified Program Facility Permit/Construction Permits Required

13.24.050 Unified Program Facility Permit and Construction Permit Validity

13.24.060 Application for a Unified Program Facility Permit or Construction Permit

13.24.070 Inspections

13.24.080 Hazardous Materials Release Response Plan & Inventory (Business Plan)

13.24.090 Exemptions From Unified Program Facility Permit and Business Plan Requirements

13.24.100 Regulated Substance Materials Registration

13.24.110 Risk Management Plan Required

13.24.120 Hazardous Waste Generators and On-Site Treatment - Additional Requirements

13.24.130 Release Reporting Requirements

13.24.140 Response to Threatened or Actual Releases of Hazardous Materials or Hazardous Wastes

13.24.150 Inspections

13.24.160 Fees

13.24.170 Enforcement - Authority

13.24.180 Violation-Administrative Civil and Criminal Penalties

13.24.190 Violation for Lack of Permit - enforcement

(a) On January 1, 1997, the Tuolumne County Division of Environmental Health was designated and Certified as the Unified Program Agency, by the Secretary of the California Environmental Protection Agency, to implement within Tuolumne County the consolidated administration of all hazardous materials and hazardous waste programs enumerated in Chapter 1 of Division 1(commencing with Section 15100) of Title 27 of the California Code of Regulations, including any amendments thereto.

(b) The reason for the adoption of this chapter is to establish administrative procedures for the effective local implementation of hazardous material, hazardous waste and regulated hazardous substances regulatory requirements, to exempt facilities using specified quantities of propane gas for specified uses from this chapter, and to bring all hazardous material and hazardous waste regulatory authority of the Unified Program Agency and compliance requirements into one ordinance.

(c) It is the intent of the Board of Supervisors that the Certified Unified Program Agency (CUPA) shall regulate and enforce all applicable

provisions of the law as enumerated in Chapter 6.11 of Division 20 (commencing with section 25404) of the California Health and Safety Code, and Chapter 1 of Division 1(commencing with Section 15100) of Title 27 of the California Code of Regulations, including any amendments thereto.

(d) It is the intent of the Board of Supervisors to empower the Certified Unified Program Agency to utilize all available resources to gain compliance, which may include but is not limited to civil, criminal and administrative actions and penalties.

(e) It is the intent of this chapter to be no less stringent than state law.

(f) The CUPA finds that the Tuolumne County Fire Department, California Department of Forestry and Fire Protection, and all other Fire Agencies in Tuolumne County agree with the exemptions set forth in section 13.24.070 paragraph (a)(2) because the hazardous materials and quantities exempted do not pose a present or potential danger to human health, the environment, or the fire fighters considering their intended use and chemical properties. (Ord. 3134 § 53, 2010; Ord. 2556 § 1, 2004)

incorporated by reference from the laws and regulations enumerated in Chapter 6.11 of Division 20(commencing with section 25404) of the California Health and Safety Code, and Chapter 1 of Division 1 (commencing with Section 15100) of Title 27 of the California Code of Regulations, including any amendments thereto, the following definitions govern the construction of this chapter. 13-40

(a) “Business” means the entities defined in California Health and Safety Code Sections 25501(d) and 25501.4

(b) “Business Plan” means a separate plan for each facility, site, or branch of a business, which meets the requirements of Chapter 6.95 of Division 20 (commencing with Section 25500) of the California Health and Safety Code.

(c) “Certified Unified Program Agency” or “CUPA” means the Tuolumne County Community Development Department.

(d) “Covered Process” means a process that has a regulated substance present in more than a threshold quantity.

(e) “Handle” means to use, generate, process, produce, package, repackage, treat, store, emit, discharge or dispose of a hazardous material in any fashion.

(f) “Hazardous Material” means any substance as defined by California Health and Safety Code, Section 25501(o).

(g) “Hazardous Waste” means any substance as defined by California Health and Safety Code, Section 25501(q).

(h) “HSC” means the California Health and Safety Code.

(I) “Permitted” means that a business has completed and submitted the necessary permit forms and documentation, paid the appropriate fees, including their annual fees, and is in compliance with this chapter.

(j) “Person” means a natural person, any partnership, firm, trust, business, corporation, company, Limited Liability Corporation, limited liability partnership, any association, whether or not incorporated and whether or not formed for profit, and governmental entities as defined in HSC Section 25501.4.

(k) “Qualified Person” means a person who is qualified to attest, at a minimum to the completeness of a Risk Management Plan.

(l) “Regulated Substance” means any substance indicated in Section 25532(g) of Division 20, Chapter 6.95 of the California Health and Safety Code and Section 2770.5, Division 2, Chapter 4.5, of Title 19 of the California Code of Regulations.

(m) “Risk Management Plan (RMP)” means a detailed engineered analysis of the potential accident factors present at a business and the mitigation measures that can be implemented to reduce this accident potential as required under Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations and by Article 2 (commencing with Section 25531), Chapter 6.95 of Division 20, of the California Health and Safety Code.

(n) “Secretary” means Secretary of the California Environmental Protection Agency.

(o) “Stationary Source” means any stationary source, as defined in Title 40 of the Code of Federal Regulations, Section 68.3.

(p) “Surcharge” means an annual state service charge that is determined by the Secretary, which is assessed to businesses regulated by the CUPA.

(q) “Unified Program Facility Permit” means a permit issued pursuant to Chapter 6.11 of Division 20 (commencing with Section 25404) of the California Health and Safety Code.

(r)”Year” means fiscal year beginning July 1 and ending June 30 of the next calendar year.
(Ord. 3150 § 1, 2010; Ord. 2556 § 1, 2004)

(CUPA) The CUPA shall administer and enforce hazardous materials and hazardous waste laws and regulations as specified in Chapter 1 of Division 1, Section 15100 (c)(d)(e)(f) and (g) of Title 27 of the California Code of Regulations. (Ord. 2556 § 1, 2004)

Permit/Construction Permits Required

(a) No person shall enter into any of the following activities unless they first apply for, pay the appropriate fees (including state surcharges), and obtain a unified program facility permit or construction permit from the CUPA, unless otherwise exempted by this chapter or provisions of law or regulation referenced in this chapter. A unified program facility permit is required for all ongoing activities listed in subparagraphs (1) and (2) and a construction permit is required for all activities listed in subparagraph (3).

(1) Store, handle or use hazardous materials, above the threshold quantities, and/or generate hazardous wastes, and/or operate underground tanks for storage of hazardous substances, either separately or in combination.

(2) Treat hazardous waste on-site under the permit-by-rule tier, conditional authorized tier, or conditional exempt tier, unless such tiered permitting authority is under the jurisdiction of the California Department of Toxic Substances Control.

(3) Construct, install, repair, modify, upgrade, temporarily close, remove or abandon in place any underground storage tank system or any part of the system, including associated piping and monitoring equipment.

(b) Unified program facility permits are non- transferable to another person, business or physical location, and may be revoked for failure to conform to the requirements of this chapter. 13-41

(c)A unified program facility or construction permit issued by the CUPA pursuant to this chapter shall be posted at the permitted place of business. (Ord. 2556 § 1, 2004)

Construction Permit Validity

(a) A unified program facility permit issued for the ongoing activities identified in Section 13.24.040 paragraph (a), subparagraphs (1) and (2) of this chapter shall be valid for one year from the date of issuance.

(b) A construction permit issued for the one- time activities identified in Section 13.24.040 paragraph (a), subparagraph (3) is valid for one year from date of issue to completion of the work.
One 6-month extension may be granted if requested in writing prior to the expiration date and if no changes are made to the original plans. No construction permit shall be extended more than once. In order to renew action on a construction permit after expiration, the applicant must pay for a new full permit. (Ord. 2556 § 1, 2004)

Facility Permit or Construction Permit

(a) Application for a permit described in Section 13.24.040 shall be made to the CUPA on a form(s) provided by the CUPA.

(b) For any of the activities identified in Section 13.24.040 paragraph (a) of this chapter, installation plans, work plans, site safety and health plans may be required by the CUPA to be submitted for approval as part of the application for a unified program facility or construction permit.

(c) An application shall not be approved, or permit issued, until the person or business has paid the required fees, complied with this chapter, and any other applicable laws and regulations, under the purview of the CUPA, to the satisfaction of the CUPA.

(d) No final certificate of occupancy for any building in which a business intends to handle hazardous materials shall be issued by the Community Development Department without CUPA certification of compliance with all applicable conditions of this chapter. (Ord. 2667 § 5, 2005; Ord. 2556 § 1, 2004)

authorized and directed to enforce all provisions of this chapter and to inspect all activities, which may be regulated by this chapter for the purpose of determining compliance with this chapter. The CUPA shall oversee the implementation of the Tuolumne County Hazardous Materials Area Response Plan. (Ord. 3134 § 55, 2010; Ord. 2556 § 1, 2004)

Response Plans and Inventory (Business Plan)

(a) Any person or business that stores, handles or uses a hazardous material over the threshold quantities defined in Chapter 6.95 of Division 20 (commencing with Section 25500) of the HSC shall annually, or more frequently as required in paragraph (d) of this Section, submit a completed Business Plan to the CUPA, unless specifically exempted in Section 13.24.090.

(b) At the time of the annual submittal if there have been no changes in the types or quantities of Hazardous Materials stored, handled or used, the submittal may be in the form of a certification page to that effect. The CUPA shall maintain a certification page for this use.

(c) A copy of the Hazardous Materials Business Plan shall be maintained at the place of business.

(d) An amendment to the Business Plan shall be filed with the CUPA within thirty (30) calendar days of any of the following changes to the Business Plan: (The CUPA shall maintain a form for this use)

(1) A change in the quantity of a previously reported hazardous material that exceeds an increase or decrease of one hundred (100) percent or more of a hazardous material;

(2) The storage, handling or use of a previously undisclosed hazardous material;

(3) Changes in any required elements of the Business Plan.

(e) An amendment to the Business Plan required by subsection (d) containing only new information about a specific change, as determined by the CUPA, shall not require the resubmittal of an entire Business Plan. (Ord. 2556 § 1, 2004)

Facility Permit and Business Plan Requirements

(a) Any person or business engaged exclusively in the following types of operation shall be exempt from a unified program facility permit (13.24.040) and business plan and inventory (13.24.080) requirements.

(1) Handlers specifically listed in Section 25503.5 in Chapter 6.95 of Division 20 of the HSC;

(2) Compressed propane gas used solely for cooking, water heating and space heating in quantities of less than or equal to 1,000 gallons (35,000 cubic feet) at standard temperature and pressure. (Ord. 2556 § 1, 2004)

13-42

Registration. A business that handles a regulated substance shall register with the CUPA using a form provided by the CUPA. The completed Hazardous Materials Inventory-Chemical Description Form shall include, but not be limited to, the information required by Section 25503.3 in Chapter 6.95 of Division 20 of the HSC. (Ord. 2556
§ 1, 2004)

(a) If the CUPA determines, pursuant to Section 25534 in Chapter 6.95 of Division 20 of the HSC, that a Risk Management Plan (RMP) is required, the CUPA shall notify the handler in writing to comply with Title 19, Division 2, Chapter 2, commencing with Section 2620 of the California Code of Regulations.

(b) Within one (1) year of notification by the CUPA, the handler must complete an RMP to the satisfaction of the CUPA.

(c)The CUPA shall ensure completeness and conduct inspections and audits to verify that the RMP contents are implemented at the facility.

(d) The RMP shall be accompanied by the RMP Plan Check fee and the surcharge fee. (Ord. 2556
§ 1, 2004)

Site Treatment-Additional Requirements

(a) A person or business that generates hazardous waste and does not store reportable quantities of hazardous materials, pursuant to Section 25503.5 in Chapter 6.95 of Division 20 of the HSC, shall complete a Hazardous Waste Generator Form and CUPA permit application. The business shall be subject to the requirements of Division 20, Chapter 6.5 (commencing with section 25500) of the HSC as defined in Title 27 of the California Code of Regulations, Section 15100 (c).

(b) A person or business that is regulated under the permit-by-rule, conditional authorized or conditional exempt tier of Chapter 6.5 of Division 20 commencing with Section 25100, of the HSC, as defined in Title 27 of the California Code of Regulations, Section 15100 (c) shall be required to complete a CUPA permit application. (Ord. 2556 § 1, 2004)

(a) If there is a release or suspected release
from any underground storage tank system, a person or business shall immediately notify the CUPA and, complete a written report pursuant to Title 23 of the California Code of Regulations, Section 2652, and submit it to the CUPA and notify the Central Valley Regional Water Quality Control Board.

(b) If there is a release or suspected release from any handler subject to this chapter, a person or business shall immediately notify the CUPA, and any other emergency agencies as appropriate. (Ord. 2556 § 1, 2004)

Releases of Hazardous Materials or Hazardous Wastes

(a) If a threatened, or actual release of a hazardous material or hazardous waste occurs in the absence of a business or property owner, the Incident Commander shall make a reasonable attempt to contact the business and/or property owner where the threatened or actual release has occurred and shall require the immediate mitigation of the hazard.

(b) If there is no response or no contact can be made with a business or property owner within a reasonable time frame, the Incident Commander shall take mitigating action which may include, but is not limited to hazard removal or relocation, clean- up, site evaluation, soil testing, and/or chemical analysis.

(c) Any person or business with an ownership interest in the business or property on or in which the threatened or actual release occurred shall incur the cost of response and all damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction. Expenses shall include, but not be limited to, equipment and personnel and any payments to outside business firms. (Ord. 2556
§ 1, 2004)

periodic inspections of persons or businesses where hazardous materials and/or hazardous waste is generated, stored, handled, disposed, treated or recycled, and shall inspect aboveground and underground storage tank systems and all persons or businesses where the CUPA has reasonable cause to believe that hazardous materials or hazardous waste is generated, stored, handled, disposed, treated, or recycled. Inspections may be made without prior notice to the owner or operator of such business. (Ord. 2556 § 1, 2004)

shall be in amounts as set forth in Chapter 3.40 of this code. (Ord. 2556 § 1, 2004)

authorized and directed to enforce all provisions of 13-43

this chapter and to inspect all activities, which may be regulated by this chapter for the purpose of determining compliance with this chapter. (Ord. 2556 § 1, 2004)

Criminal Penalties. Any person that violates any section of this chapter, with the exception of Section 13.24.040(a)(3), shall be subject to the enforcement provisions of the laws and regulations for those programs cited in Chapter 6.11 of Division 20 (commencing with Section 25404) of the HSC, and Chapter 1 of Division 1 (commencing with Section 15100) of Title 27 of the California Code of Regulations, by the CUPA. (Ord. 2556 § 1, 2004)

permit penalty . A violation for entering into any activity specified in Section 13.24.040(a)(3) of this chapter without the required construction permit shall be enforced as provided for in Chapter 1.10 of the Tuolumne County Ordinance Code. An applicant for a permit to legalize a violation of the above cited section, after service of a notice of violation, or a notice and order, in accordance with
Chapter 1.10 of the Tuolumne County Ordinance Code, shall pay a violation permit penalty as established by the Board of Supervisors and set forth in Chapter 1.10 of the Tuolumne County Ordinance Code. This fee shall be paid in addition to the regular permit processing fee. (Ord 2612 § 6, 2005; Ord. 2556 § 1, 2004)

13-44