Article 5 — Business Plans and Risk Management and

(Added Ord. 4105—12/19/95)

4581 - Purpose and authority.

The purpose of this Article is to supplement and implement the provisions of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code and to provide for the collection of fees necessary to pay the County's cost incurred in administering such chapter. The authority for this Article includes such chapter, the provisions of Section 101325 of the Health and Safety Code, and the general police power. The provisions of this Article shall apply to all of Ventura County, including cities therein, excepting only the City of Oxnard which has its own CUPA.

(Am. Ord. 4134—6/17/97)

4582 - Definitions.

For the purpose of this Article, unless the context otherwise requires, the definitions in Sections 25501 and 25532 of the Health and Safety Code and, in addition, the following definitions shall apply:

(a)

"Administering agency" means the Environmental Health Division of the Ventura County Resource Management Agency, which performs the functions of the CUPA for all of Ventura County except the City of Oxnard.

(b)

"Chapter 6.95" means Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code as amended from time to time.

(c)

"Contract hourly rate" means the hourly cost of the County of providing the services of a County employee with a given job classification as established from time to time by the Ventura County Board of Supervisors in accordance with the County's standard accounting procedures.

(d)

"EHS III contract hourly rate" means the contract hourly rate for one Environmental Health Specialist III.

(e)

"EHS IV contract hourly rate" means the contract hourly rate for one Environmental Health Specialist IV.

(f)

"Manager" means the Deputy Director of the Ventura County Resource Management Agency assigned to manage that agency's Environmental Health Division and his or her duly appointed representatives.

(Am. Ord. 4134—6/17/97)

4583 - Fees respecting business plans.

Every business that is required by the provisions of Chapter 6.95 to submit a business plan or plans to the administering agency with respect to a given facility or facilities shall pay the applicable fee specified in this Section for each such facility, except for any facility that is entitled to the exemption specified in subdivision (c) (5) of Section 25503.5 of the Health and Safety Code.

(a)

Business Plan Review Fee. The business plan review fee is intended to reimburse the administering agency for the estimated average cost of reviewing the first business plan for a given facility. The fee shall be paid only once in connection with submittal of the first business plan for the facility, and only if that plan is submitted after the operative date of this Article, and shall not be paid in connection with any modification of the first business plan. The business plan review shall be due on the date on which the first draft of the first business plan for the facility is submitted for review, or on the date on which the facility first handles a hazardous material or a mixture containing hazardous materials in a threshold amount specified in subdivision (a) of Section 25503.5 of the Health and Safety Code, whichever date is earlier. The amount of the business plan review fee shall be equal to twice the EHS III contract hourly rate.

(b)

Basic Inspection Fee. The basic inspection fee is intended to reimburse the administering agency for the estimated cost of the minimum amount of time (i.e., 2.25 person-hours) required to conduct one annual inspection of one facility. The fee shall be paid annually in connection with the submittal of the first business plan for the facility and each year thereafter in connection with the submittal of annual updates of the inventory component of the business plan pursuant to subdivision (g) of Section 2729 of Title 19 of the California Code of Regulations. If paid in connection with the submittal of the first business plan for the facility, the basic inspection fee shall be due on the date that the business plan review fee for that facility is due. If paid in connection with the annual update of the inventory, the basic inspection fee shall be due on the date the updated inventory is due. The amount of the basic inspection fee paid pursuant to this Section shall be equal to 2.25 times the EHS III contract hourly rate; provided that, if the facility is one for which a current health permit has been issued pursuant to Section 4605 or if the basic inspection fee specified in either subdivision (a) of Section 4508 or subdivision (b) of Section 4529 has been paid with respect to the same facility in the same calendar year, the amount of the basic inspection fee specified in this Section shall be zero.

(c)

Supplemental Inspection Fee. The supplemental inspection fee is intended to reimburse the administering agency for the cost of the estimated average number of supplemental person-hours (over and above the first 2.25 person-hours covered by the basic inspection fee) required to conduct one annual inspection of a facility. This estimated average number of supplemental person-hours varies with the estimated maximum amount (as specified in the inventory component of the business plan) of each hazardous material or mixture containing hazardous material that will be handled at the facility at any one time over the twelve (12) months to which the inventory pertains, as specified in the following table:

ion of a facility. This estimated average number of supplemental person-hours varies with the estimated maximum amount (as specified in the inventory component of the business plan) of each hazardous material or mixture containing hazardous material that will be handled at the facility at any one time over the twelve (12) months to which the inventory pertains, as specified in the following table:

EST. AVG. NO. OF EST. MAX. AMT. OF SUPPLEMENTAL HAZ. MATERIAL PERSON-HOURS

0 Less than 55 gal., 500 lbs. or 200 cu. ft.