Article 1.2 — Unified Program—Underground Storage of Hazardous Substances

(Added by Ord. 4169—6/23/98)

4520 - Purpose and authority.

The purpose of this Article is to implement the provisions of Chapter 6.7 (commencing with Section 25280) and Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code and to provide for fees to defray the costs to the County to implement such Chapters on behalf of the CUPA. The authority for this Article includes such Chapters, Chapter 6.11 (commencing with Section 25404) of the Health and Safety Code, those provisions of the California Code of Regulations implementing or relating to such statutes, and the general police power. The provisions of this Article relating to fees are further authorized by Sections 510, 1155.6 and 101325 of the Health and Safety Code. The provisions of this Article shall be applicable in the

CUPA jurisdiction with the exception of the incorporated area of the City of San Buenaventura and shall be administered by the CUPA as part of the unified program, as those terms are defined in Section 4501 of Article 1 of this Chapter.

4521 - Definitions.

Unless the context otherwise provides, the definitions found in Section 4501 of Article 1 of this Chapter shall apply to this Article and the definitions found in Section 25281 of Division 20 of the Health and Safety Code shall also apply to this Article. In addition, the following definition shall apply to this Article:

(a)

"Corrective action" means corrective action as defined in Section 25299.14 of the Health and Safety Code.

4522 - Additional permits required.

The permits required by this section are in addition to the permit to operate required by Section 25284 of the Health and Safety Code. Permits issued pursuant to this section shall expire six months from the date of issuance. An extension of the permit expiration date up to six months may be granted by the CUPA.

(Am. Ord. 4269—6/18/02)

4523 - Application for additional permits.

Applications submitted pursuant to this section shall expire six months from the date of submittal if a permit is not issued. An extension of the expiration date up to six months may be granted by the CUPA.

(Am. Ord. 4269—6/18/02)

4524 - Suspension and revocation of permits to operate.

A permit to operate issued pursuant to Section 25284 of the Health and Safety Code shall be effective for one year from the date of issuance; provided, however, that a permit to operate is subject to suspension or revocation as provided in this Section.

(a)

Grounds. Any of the following occurrences constitutes a ground for suspension or revocation of a permit to operate:

(1)

An unauthorized release from or in connection with the operation of the tank for which the permit was issued.

(2)

Failure of either the owner or the operator of the tank for which the permit was issued to comply with any of the conditions thereof.

(3)

Failure to pay before the expiration of thirty (30) calendar days following the due date any fee imposed pursuant to this Article respecting the permit or the tank for which it was issued.

(4)

Abandonment or closure of the tank for which the permit was issued.

(5)

Obtaining the permit by misrepresentation or intentional failure to fully disclose all relevant facts.

(6)

A change in any condition that requires modification or termination of the operation of the underground storage tank or the underground tank system.

(7)

Failure of either the owner or operator to comply with Article 3 (commencing with Section 25299.30) of Chapter 6.75 of Division 20 of the Health and Safety Code at all times commencing with the date three months after the date on which the owner or operator first became subject to said Article 3.

(b)

Notice of Deficiencies. To initiate proceedings to suspend or revoke a permit to operate, the CUPA shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the suspected occurrence which constitutes a ground for suspension or revocation, shall specify a date, time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence, and shall state that failure to appear and present such evidence may result in suspension or revocation of the permit.

(c)

Suspension or Revocation by Hearing Officer. A permit with respect to which notice has been given pursuant to subdivision (b) is subject to suspension or revocation by the hearing officer following a hearing conducted in accordance with Article 1.6 (commencing with Section 4550) of this Chapter. Following the hearing, if the hearing officer determines that the suspected failure identified in the notice has occurred, the hearing officer shall suspend or revoke the permit as the facts may warrant; provided, however, that the hearing officer shall have the discretion not to suspend or revoke the permit if the hearing officer determines that the failure was not willful, is not ongoing, and is not likely to recur.

(d)

Suspension by Unified Program Manager. The unified program manager may suspend a permit prior to a hearing when the manager determines that such action is necessary to protect the public health and safety, the environment, domestic livestock or wildlife from imminent danger. The CUPA shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the hearing officer makes a final determination based upon the hearing; provided, however, that the unified program manager may lift the suspension at any earlier time at which the manager determines that it is no longer necessary.

(e)

Other Remedies. This Section shall not deprive the CUPA or the County from pursuing any other remedy otherwise available to them under the law.

4525 - Corrective action respecting unauthorized release.

(a)

Corrective Action Plan Required. Any person who is the owner or operator of an underground storage tank from which there has been an unauthorized release shall, within the time limits specified in Section 4526, submit an application for approval of a corrective action plan that is in the form and contains all of the information required by Section 4526. The application shall be in addition to the report required by subdivision (a)(1) of Section 25295 of the Health and Safety Code unless the application is filed within five working days of the unauthorized release, in which case the application shall also serve as that report. Except as otherwise provided in subdivision (b), no person employed by, under the direction of or under contract with such owner or operator, shall take any corrective action with respect to the unauthorized release unless such action is in conformance with a corrective action plan that has been approved by the unified program manager pursuant to this Article.

(b)

Exceptions. The provisions of subdivision (a) do not apply to any of the following:

(1)

An unauthorized release to which Section 25294 of the Health and Safety Code applies;

(2)

Emergency action taken within twenty-four (24) hours after the unauthorized release has been detected, or should have been detected, that the person taking the action reasonably believes to be necessary in order to avoid or mitigate an imminent threat of injury to persons, property or the environment;

(3)

An action necessary to comply with lawful orders of state, city, county or fire district by fire, public health, public safety, or emergency rescue personnel;

(4)

An action expressly approved by the unified program manager pending approval of a corrective action plan; and

(5)

An unauthorized release with respect to which the unified program manager has certified in writing that the lead responsibility for the oversight of the remedial action has been assumed by the State Department of Toxic Substances Control or other state agency.

4526 - Application for approval of corrective action plan.

(a)

Time for Submittal. An application for approval of a corrective action plan shall be submitted to the CUPA within thirty (30) calendar days following discovery of the unauthorized release or within such extended period of time as the unified program manager may grant. The unified program manager may, upon a showing of good cause, grant an extension or several extensions of the original 30- day period, provided that no single extension shall be for more than one year.

(b)

Form of Application. An application for approval of a corrective action plan must be on the form specified by the unified program manager and must include the following information:

(1)

The address and a detailed description of the site of the unauthorized release.

(2)

The name, address and telephone number of each person who is the owner or operator of the tank involved in the unauthorized release.

(3)

The name, address and telephone number of each person who are representing the applicant with respect to the application.

(4)

The name, address and telephone number of each person who will be responsible for performing the corrective action pursuant to the corrective action plan.

(5)

A detailed description of the material released, including its chemical composition, physical description, and quantity.

(6)

A detailed description of any corrective action taken to date.

(7)

A statement of the rationale for selecting the corrective action identified in the proposed corrective action plan.

(8)

A proposed corrective action plan that identifies the selected corrective action and sets forth the details for its implementation, including the work to be performed and the timetable for its completion.

(9)

Any other information specified by the unified program manager.

(c)

Approval. The unified program manager shall not approve a corrective action plan unless the application meets the requirements of this Section and the unified program manager determines that implementation of the corrective action plan will adequately protect human health, safety and the environment. However, approval of a corrective action plan shall not constitute a warranty or guarantee by the County, the CUPA or the unified program manager of its effectiveness, shall not give rise to any claim or cause of action against the unified program manager, the CUPA, or the County, and shall not relieve the owner or operator of any liability the owner or operator may otherwise have.

4527 - Fees.

The CUPA shall charge and shall be paid fees required by this Section to defray the costs to the County of administering this Article on behalf of the CUPA. The fees provided in this Section, where applicable, are hereby imposed on each unified program facility at which one or more pertinent tanks are located. The person who was issued or holds the applicable permit and approval, as the case may be, and those persons who own or operate the pertinent facility or tank shall be jointly and severally liable to pay such fees.

(a)

Permit to Install Fee. The fee for a permit to install one or more underground storage tanks at a single unified program facility shall be paid in two (2) installments. The first installment shall come due on the date the permit application is submitted to the CUPA for processing. The second installment shall come due on the date an itemized billing therefore is received by the permittee from the CUPA. The installments shall be computed pursuant to the following formula:

Installment 1 = 10 (A÷$55)

Installment 2 = (A÷$55)B

Where:

A = the EHS IV contract hourly rate as of the due date; and

B = the number of person-hours, if any, in excess of ten hours expended by County employees to process the permit and conduct related inspections on behalf of the CUPA.

(b)

Permit to Operate Fee. The fee for a permit to operate one or more underground storage tanks at a single unified program facility shall be paid in one installment to the CUPA coming due on the date the permit application is submitted to the CUPA for processing. The fee shall be computed pursuant to the following formula:

Fee = 3AC

Where:

A= the EHS IV contract hourly rate as of the due date;

C = the number of tanks covered by the permit.

(c)

Permit to Close Fee. The fee for a permit to close one or more underground tank systems at a single unified program facility shall be paid in two (2) installments. The first installment shall be due and payable to the CUPA on the date the permit application is submitted to the CUPA for processing. The second installment shall come due on the date an itemized billing therefore is received by the permittee. The installments shall be computed pursuant to the following formula:

Installment 1 = 5(A÷$55)

Installment 2 = (A+$55)D

Where:

A = the EHS IV contract hourly rate as of the date due; and

D = the number of person hours, if any, in excess of five hours expended by County employees to process the permit and conduct related inspections on behalf of the CUPA.

(d)

Fees for Canceled or Follow-up Inspections. If an inspection required by Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code, or by any regulations adopted pursuant thereto, or as a condition of any permit issued thereunder or under the provisions of this Article is canceled at the request of the owner, operator or permittee of the facility or tank to be inspected, or if the facility or tank does not pass such an inspection and a follow-up inspection must be performed, the following fee shall be paid to the CUPA in an amount computed pursuant to the following formula:

Fee = AE

Where:

A = the EHS III contract hourly rate in effect as of the due date; and

E = in the case of a canceled inspection, the number of person-hours expended on behalf of the CUPA by County employees traveling to and from the site and waiting at the site before cancellation is requested, and, in the case of a follow-up inspection, the number of person-hours expended by the inspectors traveling to and from the site and conducting the inspection.

The due date for such fee shall be the date a bill therefor is received from the CUPA.

(e)

Unauthorized Release Response Fee. In the event of any unauthorized release from a tank subject to the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code, the following fee shall be paid to the CUPA in an amount computed pursuant to the following formula:

Fee = AF

Where:

A = the EHS III contract hourly rate in effect as of the due date; and

F = the number of person-hours expended on behalf of the CUPA by County personnel in traveling to and from the site, surveying the situation, processing applications for approval of corrective action plans, and supervising any required corrective action.

The due date for such fee shall be the date a bill therefor is received from the CUPA. A credit shall be allowed against such fee in an amount equal to the amount the CUPA or County has received or will receive from the state, pursuant to a local oversight program established under Section 25297.1 of the Health and Safety Code, to reimburse them for the cost of providing the services for which the fee is imposed. This subdivision (e) shall not operate to relieve any person from any liability they may otherwise have under any other provision of law or this Code.

(f)

Permit to Repair or Modify Fee. The fee for a permit to repair or modify one or more underground tank systems at a single unified program facility shall be paid in two (2) installments to the CUPA. The first installment shall come due on the date the permit is issued or the date on which work for which the permit is required actually commences, whichever date is earlier. The second installment shall come due on the date an itemized bill therefore is received by the permittee. The installments shall be computed pursuant to the following formula:

Installment I = 5 (A÷$55)

Installment 2 = (A+$55)G

Where:

A = the EHS IV contract hourly rate as of the due date; and

G = the number of person hours, if any, in excess of five hours, expended by County personnel to process the permit and conduct related inspections on behalf of the CUPA.

(Am. Ord. 4269—6/18/02)

4528 - Violations.

(a)

Performing Repair, Modifications or Closure Without Permit. Any person who violates the provisions of subdivisions (b) or (c) of Section 4522 is guilty of a misdemeanor/infraction and each day or portion thereof during which such violation occurs is a separate offense. Each day or portion thereof during which such violation occurs is a separate offense.

(b)

Failure to Apply for Plan. Any person who, in violation of Section 4525, fails to submit an application for approval of a corrective action plan in accordance with the requirements of this Article is guilty of a misdemeanor/infraction and each day or portion thereof during which such violation continues is a separate violation.

(c)

Taking Corrective Action Without Approved Plan. Any person who takes corrective action in violating of Section 4525 is guilty of a misdemeanor/infraction and each day or portion thereof during which such violation occurs is a separate offense.