Union City Municipal Code Ch. 15.22 Unified Hazardous Waste and Hazardous Materials Management Regulatory…

A. The purpose of this chapter is to implement the provisions of the California Unified Hazardous Waste and Hazardous Material Management Regulatory Program Act (the "Act"), Chapter 6.11, Division 20, California Health and Safety Code, commencing with Section 25404.

B. It is also the purpose of this chapter to consolidate to the extent feasible all hazardous waste and material regulatory authority and compliance requirements within one chapter of the City of Union City Municipal Code ("UCMC").

C. The City of Union City was certified, in accordance with Health and Safety Code Sections 25404, et seq., as the Certified Unified Program Agency ("CUPA") for the City of Union City, effective July 1, 1997.

D. The City Manager shall be responsible for administering and enforcing the CUPA Unified Program (the "Unified Program") set forth in this chapter of the City of Union City Municipal Code.

E. The City Manager hereby delegates to the City of Union City Environmental Programs Division Manager (CUPA Manager) authority to take any and all actions that may be necessary for the City of Union City Environmental Programs Division to administer and enforce California Health and Safety Code Section 25404, et seq., and this chapter. All City employees designated by the CUPA Manager are authorized to make such inspections and take any actions on behalf of the CUPA Manager as may be required to administer and enforce.

(Ord. 756-10 § 1, 2010)

The definitions contained in California Health and Safety Code Division 20, Chapters 6.5, 6.67, 6.7, 6.75 and 6.95 and implementing regulations shall apply to this chapter.

(Ord. 756-10 § 1, 2010)

A. The following chapters of Division 20 of the California Health and Safety Code, with their implementing regulations and agency resolutions, are hereby incorporated into this chapter by reference: Chapter 6.5 (Hazardous Waste Generator and Onsite Hazardous Waste Treatment [tiered permitting] Programs); Chapter 6.67 (Aboveground Petroleum Storage Act (APSA) Program); Chapters 6.7 and 6.75 (Underground Storage Tank Program); Chapter 6.95, Article 1 (Hazardous Materials Release Response Plans and Inventories [Hazardous Materials Business Plans]); Chapter 6.95, Article 2 and Chapter 4.5, Division 2 of Title 19 of the California Code of Regulations (California Accidental Release Prevention (CalARP) Program). The City hereby assumes exclusive jurisdiction of these laws, to the extent authorized by law. These State provisions are incorporated into this chapter by reference, as are the State regulations adopted in furtherance of these statutory provisions, except as modified within this chapter. This chapter is also intended to be used in conjunction with the most recent version of the California Fire and Building Code adopted by Union City which pertains to hazardous materials management.

B. In addition to the CUPA program elements, the following environmental protection programs shall be administered and enforced by the Environmental Programs Division:

Stormwater. Industrial/commercial facilities that are defined as critical sources in accordance with Section 13.36 of the Union City Municipal Code, and by Order No. 01-146, NPDES Permit No. CA0029831 issued by the California Regional Water Quality Control Board, San Francisco Region, and all future amendments thereto are adopted herein by reference.

(Ord. 756-10 § 1, 2010)

Whenever the approval or satisfaction of City may be required in this chapter for a design, monitoring, testing, or other technical submittal by an applicant or permittee, the CUPA Manager may, in his or her discretion, require such applicant or permittee, at such applicant's or permittee's sole cost and expense, to retain a suitably qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to the CUPA Manager for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this chapter.

(Ord. 756-10 § 1, 2010)

A. If the CUPA Manager, or authorized representative, determines that a facility poses a significant likelihood of risk to public health and safety or the environment, whether or not the facility handles regulated materials, the CUPA Manager can require, at the expense of the owner or operator that the facility, to prepare and submit a risk management plan in accordance with the California Accidental Release Program requirements.

B. The owner or operator of a facility which is required to submit a risk management plan shall pay a fee when such plan is reviewed by the City. The annual fee shall be due and payable upon demand by the City. If a third party is used to review, audit or inspect the risk management plan, the facility is required to pay this fee plus any City charges.

(Ord. 756-10 § 1, 2010)

A. The CUPA Manager and the Fire Department serving Union City shall be notified immediately when a release, threatened release or an unauthorized discharge becomes reportable under State, Federal or local regulations or presents a life safety or environmental threat. Immediate notification is also required when:

1. The unauthorized release migrates or could migrate off-site;

2. The unauthorized release generates toxic or flammable vapors or gases and/or increases the possibility of fire or explosion;

3. The unauthorized release causes or could cause injuries;

4. The unauthorized release is not contained by secondary containment;

5. The unauthorized release takes more than four hours to clean up; or

6. Whenever required by the CUPA Manager or designee.

B. Any person responsible for storing or transporting any hazardous material shall have the responsibility to institute and complete all actions necessary to prevent a threatened release or to remedy the effects of any unauthorized release of any hazardous material, whether accidental or intentional, sudden or gradual. This responsibility is not conditioned upon evidence of willfulness or negligence of the party storing or transporting the hazardous material(s) in causing or allowing such release or threatened release. Fire Department serving Union City shall undertake actions to prevent a threatened release or remedy the effects of such unauthorized release itself only if it determines that it is reasonably necessary under the circumstances to do so. The responsible party shall be liable to reimburse the City of Union City for all costs incurred in preventing the threatened release or remedying the effects of such unauthorized release.

C. Costs reimbursable to the City of Union City under this chapter are a debt of the person liable therefor, and shall be collectable in the same manner as in the case of an obligation under contract, express or implied. However, any costs incurred by the City of Union City which assigns one or more of its representatives to respond to, or to investigate, an intentional or negligent release, escape, burning or threatened release of hazardous materials shall be assessed to the person liable therefor.

D. An action to recover costs under this chapter may be joined with any civil or criminal action for penalties, fines, injunctive or other relief brought against the responsible person or employer, or both, arising out of the same incident.

E. A site assessment/remedial investigation is required whenever there is an actual or suspected release of hazardous materials, industrial waste or crude oil or residue of an unauthorized release of a hazardous material, industrial waste, or crude oil into the environment. A remedial action is required when the release into the environment may pose a threat to public health and safety of the environment. No person shall engage in the process of site assessment/remedial investigation or remedial action on a site, where an actual or suspected hazardous material release has occurred and which is under the jurisdiction of the City, until an application for the oversight by the Environmental Programs Division has been submitted and first accepted in writing by the CUPA Manager.

(Ord. 756-10 § 1, 2010)

A. Any person or business, which has previously been required to submit a hazardous material business plan, shall obtain a permit from the Environmental Programs Division and submit a closure work plan to the CUPA Manager at least thirty days prior to the closure, relocation, sale or exchange of the business and/or the real property on which the business is located, describing the work to be performed to properly clean, inspect, sample and close the facility. The closure work plan shall be approved by the CUPA Manager before the removal of hazardous or potentially hazardous materials or hazardous wastes from property prior to implementation.

B. The closure work plan shall describe procedures for terminating the storage of hazardous materials and/or hazardous wastes in each facility in a manner that:

1. Eliminates or minimizes the need for further maintenance;

2. Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials and/or hazardous wastes in the facility is minimized or eliminated; and

3. Demonstrates that the hazardous materials and/or hazardous wastes that were stored in the facility will be removed, disposed of, neutralized or reused in an appropriate manner.

C. If underground storage tanks are also being closed, a separate tank closure permit must be obtained from the City and must be referenced in the overall closure plan.

D. A closure report shall be submitted to the CUPA Manager within thirty days of completion of work outlined in the closure work plan.

(Ord. 756-10 § 1, 2010)

A. Any person intending to do or perform any of the following activities shall first apply for, pay such fees to the City as are established by resolution of the City Council, and obtain from the Environmental Programs Division a consolidated or project specific permit:

1. Store, handle or use hazardous materials or generate hazardous waste;

2. Operate underground tanks for the storage of hazardous substances;

3. Treat hazardous waste on-site under conditionally exempt, conditionally authorized or permit-by-rule;

4. Construct, install, repair, modify, upgrade, temporarily close, remove or abandon in place any underground storage tank system;

5. Permanently remove hazardous materials storage or use under a facility closure plan;

6. Install fixed containment or secondary containment systems, devices, structures or improvements;

7. Install, operate, demolish, remove or close an aboveground storage tank containing hazardous substances including petroleum;

8. Any other activity, use, storage or operation as may be deemed appropriate by the CUPA Manager may be included as part of the permit issued to a person or business.

B. Upon receipt of a completed permit application, full payment from a Unified Program facility for all the annual fees as established by resolution of the City Council, including any late payment fee, and as established by the State for the surcharge, and provided all of the applicable regulatory requirements for a permit or grant of authorization have been met, the Environmental Programs Division shall issue a Unified Program facility permit.

C. A permit issued for the activities of Section 55.22.080(A)(4) through (7) shall expire one hundred eighty days from when the permit was issued issuance unless modified in writing by the CUPA Manager.

D. Unified Program facility permits required by this chapter shall be renewed annually.

E. Application for a new, amended or renewed permit or an additional approval shall be made to the Environmental Programs Division within thirty days of: (1) commencement of the activity; or (2) change to the existing permit; or (3) receipt of notification from the City of Union City of the requirement to submit a permit application.

F. A permit to store, handle or use a hazardous material or hazardous waste or to treat hazardous waste on-site or to operate an underground storage tank system is not transferable to another person, business or physical location.

G. A permit issued pursuant to this chapter shall be posted and conspicuously displayed at the Unified Program facility location. A copy of the hazardous materials business plan shall be maintained at the unified facility location.

H. A permit shall be valid only for the identified activities conducted or operated at the identified locations in Union City and only by the person or persons identified in the permit.

(Ord. 756-10 § 1, 2010)

The permit shall identify the effective date and term, the program elements for which issued, the specific conditions where applicable for which the permit is issued, the address where the program elements are located, and the person, business or business concern to whom the permit is issued. If a person, business, or business concern changes activities such that program elements no longer apply at the Unified Program facility or new program elements or activities apply to the facility, the person, business or business concern shall notify the Environmental Programs Division in writing within thirty days of the change and program elements or activities that have been added, deleted or modified.

(Ord. 756-10 § 1, 2010)

A. The CUPA Manager or designee may deny, suspend, or revoke a permit or a permit element if a complaint or investigation, reveals that a permittee, a permittee's employee, or any person acting with the permittee's consent or under the permittee's authority, has or may have violated any provision of this chapter or any requirement established by law.

B. Suspension or revocation of a permit shall not affect the Environmental Programs Division's authority to institute or continue a disciplinary proceeding against a permittee upon any ground or otherwise take an action against a permittee on these grounds.

(Ord. 756-10 § 1, 2010)

A. Any person who violates the requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 15.20.140 of this Code. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of these provisions is committed, continued or permitted by such person, and shall be punishable as herein provided.

B. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

C. Any person who violates the requirements of this chapter may be enjoined from such violation by any court of competent jurisdiction. The remedy provided by this section is in addition to and cumulative with any other remedy provided by the UCMC and State law.

(Ord. 756-10 § 1, 2010)

A. Fees are hereby imposed on all handlers, owners and other persons who are subject to this chapter for required permits and to recover the costs of the Environmental Programs Division in administering the regulations of this chapter. Fees for a Unified Program facility permit are due annually on a date established in this section or by resolution. Fees for non-recurring permits are due at the time of application.

B. Any State-imposed surcharge applied by CalEPA as determined by the Secretary shall be listed as a separate item on each billing statement issued to Unified Program facilities by the Environmental Programs Division. Any such State-imposed surcharges shall be collected by the Environmental Programs Division and transmitted to the State in accordance with the Act and related regulations.

C. Any annual fee, permit fee, renewal fee, late fee, processing fee or any other fee, surcharge or penalty required to be paid by this chapter shall be established and authorized in a schedule of fees adopted by resolution of the City Council.

D. All annual fees shall be consolidated by the Environmental Programs Division into a single annual invoice. Invoice means any bill issued by the Environmental Programs Division for the fees assessed under this chapter.

E. If an underground storage tank inspection or re-inspection is cancelled by the owner or operator of the facility or contractor of the owner/operator of the tank to be inspected less than twenty-four hours prior to the scheduled inspection.

F. No refunds of the permit fees or late payment penalties assessed under the provisions of this chapter shall be issued to a person, business or business concern which ceases operations or activities for which those fees have been assessed during the course of the permit or billing year.

G. Fees that are due from newly established handlers, owners or other persons in the City may be prorated.

(Ord. 756-10 § 1, 2010)

A. Regardless of the maximum allowable quantities and containment requirements established in the California Fire Code, as adopted by Union City, all containers of liquid hazardous materials regulated by this and any other articles must be provided with an approved means to control spills. Such spill control shall consider the amount of the material(s) and characteristics of the facility.

B. A plan submittal, plan review fee and an issued permit from the Environmental Programs Division is required prior to installing fixed spill containment or secondary containment systems, devices, structures or improvements.

(Ord. 756-10 § 1, 2010)

At the CUPA Manager's direction, weather protection may be required for exterior storage of hazardous materials.

(Ord. 756-10 § 1, 2010)

All persons and businesses governed by Chapters 6.5, 6.67, 6.7, 6.75 and 6.95 of Division 20 of the California Health and Safety Code shall comply with such provisions and the regulations hereunder, including, but not limited to, Chapters 16 and 18 of Division 3 of Title 23, Chapter 4 and 4.5 of Division 2 of Title 19 and Title 22 of the California Code of Regulations. Any violation of this chapter and the provisions of State law referenced in this chapter is a violation of this Code and is subject to civil and criminal fines, penalties and other remedies as provided for under State law and this Code, including restitution and injunctive relief.

(Ord. 756-10 § 1, 2010)