Ventura County Municipal Code Art. 1 Unified Program Generally

(Added by Ord. 3627—1/11/83)

(Rep. Reen. by Ord. 3731—5/21/85)

(Rep. Reen. by Ord. 4105—12/19/95)

(Rep. Reen. by Ord. 4169—6/23/98)

This Article is authorized by Chapter 6.11 (commencing with Section 2504) of Division 20 of the Health and Safety Code. The purpose of this Article is to implement the unified hazardous waste and hazardous materials management regulatory program provided for in said Chapter and to provide for fees to defray the costs of the County of administrating and implementing such Chapter in its capacity as certified unified program agency. The provisions of this Article relating to fees are further authorized by Sections 25404.5, 101280(d), and 101325 of the Health and Safety Code.

(Ord. No. 4430, 5-24-2011)

Unless the context otherwise provides, the following definitions shall apply to this Article:

(a) "Act" means Chapter 6.11 (commencing with Section 25404), Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), Chapter 6.75 (commencing with Section 25299.10), and Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code, as amended, and all other provisions of state law pertaining to the unified program, including without limitation any and all regulations and standards promulgated by the State of California to implement said provisions, as amended.

(b) "Contract hourly rate" means the hourly cost of the County to provide on behalf of the CUPA 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. The hourly cost shall be that of an Environmental Health Specialist III ("EHS III") or an Environmental Health Specialist IV ("EHS IV"), as may be specifically provided.

(c) "County" means the County of Ventura, a political subdivision of the State of California.

(d) "CUPA" means the Environmental Health Division of the Resource Management Agency of the County in its capacity as the Certified Unified Program Agency, as defined by Section 25404 of the Health and Safety Code.

(e) "CUPA jurisdiction" means all of the unincorporated and incorporated areas of Ventura County, except for the incorporated area of the City of Oxnard.

(f) "Hazardous Materials Business Plan/Risk Management Plan" means all of those activities authorized or required by Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code and related state statutes, regulations and standards, as amended, to be implemented as a part of the unified program.

(g) "Hazardous Materials Management Plan and Hazardous Materials Inventory Statement" means all of those activities authorized or required by Section 25404 (c)(6) of the Health and Safety Code and related state statutes, regulations and standards, as amended, to be implemented as a part of the unified program.

(h) "Participating agency" means, unless otherwise provided, the City of Santa Paula Fire Department and the City of San Buenaventura Fire Department as participating agencies, as defined in Section 25404 of the Health and Safety Code.

(i) "Person" means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including but not limited to, a government corporation, city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or department or agency thereof to the extent permitted by law.

(j) "Spill Prevention Control and Countermeasure Plan" means all of those activities authorized or required by Chapter 6.67 (commencing with Section 25270 of Division 20 of the Health and Safety Code and related state statutes, regulations and standards, as amended, to be implemented as a part of the unified program.

(k) "Unified program" means the unified hazardous waste and hazardous materials management regulatory program to be implemented by the CUPA and participating agencies in the CUPA jurisdiction, as authorized or required by Chapter 6.11 (commencing with Section 25404) of Division 20 of the Health and Safety Code and related state statutes, regulations and standards, as amended.

(l) "Unified program facility" means any area, room, enclosure, structure, building, lot or contiguous group of lots located in the CUPA jurisdiction where any operation or activity is conducted that is subject to any requirement that a permit or approval be obtained or is subject to any inspection or regulation under the unified program. One facility may include more than one lot provided such lots are contiguous with one another. Operations or activities on sites that are not contiguous, even if controlled by the same person or integrated within the same operation or business, shall be deemed separate facilities.

(m) "Unified program manager" means the Deputy Director of the Environmental Health Division of the Resource Management Agency of the County of Ventura that is assigned to manage the CUPA and his or her duly appointed representatives.

(n) "Underground Storage Tank Program" means all of those activities authorized or required by 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 related state regulations and standards, as amended, to be implemented as part of the unified program.

In accordance with each of their respective responsibilities under the Act, the CUPA and the participating agencies are hereby authorized to implement the unified program within the CUPA jurisdiction. The CUPA and participating agencies shall implement the unified program in accordance with agreements made between the County and participating agencies, as may be amended from time to time. In accordance with the Act and in accordance with Articles 1.1 through 1.6, inclusive, of this Chapter, the CUPA shall implement all elements of the unified program in the unincorporated and incorporated areas of the CUPA jurisdiction, except as to those elements to implemented by participating agencies in accordance with Section 4503. Except as so provided, the CUPA shall implement the Hazardous Materials Business Plan/Risk Management Plan, the Spill Prevention Control and Countermeasure Plan, the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement and the Underground Storage Tank Program. The CUPA and the unified program manager are also authorized to coordinate unified program activities with the City of Oxnard, a separate certified unified program agency within the incorporated area of the City of Oxnard, and with all other state and local agencies and officials.

In accordance with the Act, each participating agency shall implement those elements of the unified program to which each such participating agency has been authorized by the State of California. As participating agencies, the City of San Buenaventura and the City of Santa Paula Fire Departments shall implement the following elements of the unified program in the incorporated areas of their respective cities: the Hazardous Materials Business Plan/Risk Management Plan, the Spill Prevention Control and Countermeasure Plan and the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement. As a participating agency, the City of San Buenaventura Fire Department shall also implement the Underground Storage Tank Program in the City of San Buenaventura. If at any time certification of any participating agency with respect to any of these elements is terminated, the CUPA shall assume responsibility for such elements unless otherwise directed by the State of California.

In accordance with the Act, the CUPA and participating agencies shall implement those provisions of the unified program requiring that permits and approvals be issued by the CUPA on a unified basis. All documentation related to permits and approvals that are required to be issued under the Act by the CUPA as a part of the unified program and that are to be processed by a participating agency prior to issuance by the CUPA shall be delivered by such participating agency to the unified program manager. Based upon such documentation and any other documentation pertinent to other authorizations sought under the unified program, the CUPA shall issue permits and approvals in accordance with the Act. No permit or approval required to be issued under the Act as a part of unified program shall be deemed issued or operative until such permit or approval has been issued by the CUPA. No permit or approval shall be issued by the CUPA under the unified program until all applicable fees and surcharges that are due have been paid to the CUPA.

In accordance with the Act, the CUPA and participating agencies shall implement a unified schedule of fees, including without limitation the fees provided for in this Article, fees provided in Articles 1.1 through 1.5, inclusive of this Chapter, those fees established by each participating agency to implement the elements identified in Section 4503 and those applicable fees or surcharges established by the State of California. The CUPA shall collect and disburse such fees in accordance with the Act and agreements made between the County and participating agencies, as may be amended from time to time. The CUPA and each participating agency shall be responsible for properly and timely determining the amount of their respective fees and any revisions thereof. Each participating agency shall notify the CUPA of the amount of such agency's fees and any revisions thereof in accordance with such agreements.

The CUPA shall charge and shall be paid an annual administrative fee in accordance with Section 25404.5 of the Health and Safety Code to defray the costs to the County of administering the unified program on behalf of the CUPA and participating agencies. Such fee is hereby imposed on each unified program facility that is subject to a permit or approval issued or outstanding under the unified program at any time during such year or that is subject to inspection or other form of regulation by the CUPA or participating agencies under the unified program during such year. The amount of such fee for each such facility shall be determined by resolution of the Board of Supervisors. Except as may be otherwise provided by law, the person or persons who hold the pertinent permit or approval or who are the owners and operators of such facility shall be jointly and severally liable to pay such fee. The fee shall be due when the unified program facility is billed or request for payment is otherwise made by the CUPA.

The CUPA shall charge and shall be paid an annual basic inspection fee to defray the costs to the County of inspecting unified program facilities on behalf of the CUPA during the year. Such fee is hereby imposed on each unified program facility that is subject to any form of inspection by the CUPA during such year except with respect to any facility that may be exempt in accordance with applicable law and except with respect to a facility that is subject to inspection only with respect to a permit to install, repair or modify an underground tank. The amount of the fee shall be calculated as follows:

Fee = 2.75A

where:

A = the EHS Ill contract hourly rate in effect as of the date the fee is due and payable.

The amount of the fee for a special hazardous waste producer as described in Section 4511(f) of Article 1 of this chapter shall be calculated as follows:

Fee =2.75A/3.

The person or persons who hold the pertinent permit or approval or who are owners or operators of such facility shall be jointly and severally liable to pay such fee. The fee shall be due when unified program facility is billed or request for payment is otherwise made by the CUPA. This basic inspection fee shall be in addition to any other inspection fees provided by law, including such fees provided in Articles 1.1 through 1.5, inclusive, of this chapter and any such fees imposed by participating agencies.

(Am. Ord. 4286—6/17/03; Am. Ord. 4269—6/18/02)

In the event any fee required to be paid by this Article, Articles 1.1 through 1.5, inclusive, of this Chapter or any fee collected by the CUPA on behalf of participating agencies, is not paid within thirty (30) calendar days after the due date specified with respect to such fees, a late payment surcharge shall be added thereto in an amount equal to ten (10) percent of the fee if the fee and the surcharge are both paid within sixty (60) calendar days after the due date and thirty (30) percent of the fee if the fee and the surcharge are not both paid within the 60-day period. The surcharge is imposed to recover the estimated average additional cost incurred by the County on behalf of the CUPA in connection with late payment applications and fees, and not as a penalty.

(Am. Ord. 4304—6/22/04)

Each of the fees and surcharges imposed by this Article and each of the fees and surcharges imposed by Articles 1.1 through 1.5, inclusive, of this Chapter shall be in addition to one another and any other fee required by law, including without limitation, any fees imposed by participating agencies, and any state fees and surcharges.