Ventura County Municipal Code Art. 1.1 Unified Program— Hazardous Waste Producers

The purpose of this Article is to establish a system of licensing business activities that produce hazardous waste and to provide for fees to defray the costs of the County, on behalf of the CUPA, to issue such licenses and to enforce minimum standards and regulations respecting such waste adopted by the State of California pursuant to Section 25150 of the Health and Safety Code. The authority for this Article includes Chapter 6.5 (commencing with Section 25100) and Chapter 6.11 (commencing with Section 25404), of Division 20 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 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 throughout the CUPA jurisdiction 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.

Unless the context provides otherwise, the definitions found in Section 4501 of Article 1 of this chapter shall apply to this article. In addition, the following definitions shall apply to this article:

(a) "Business activity" means any activity conducted by any person in furtherance of such person's business (regardless of whether such business is for profit) or employment at any location in the CUPA jurisdiction.

(b) "Hazardous waste" means a hazardous waste as defined in Section 25117 of the Health and Safety Code, as amended.

(c) "License" means the hazardous waste producer's license required to be obtained from the CUPA in accordance with Section 4512 of this article.

(d) "Location in the CUPA jurisdiction" means any area, room, enclosure, building, lot, or contiguous group of lots located in the CUPA jurisdiction. One location 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 with the same operation or business, shall be deemed separate locations.

(e) "Waste" means those wastes defined by Section 25124 of the Health and Safety Code, as amended.

(f) " Special hazardous waste producer" means a hazardous waste producer that produces less than fifty-five (55) gallons or one hundred (100) pounds annually of photographic waste containing silver and/or silver compounds or universal wastes.

(Am. Ord. 4286—6/17/03)

No person shall engage in any business activity that produces hazardous waste at any location in the CUPA jurisdiction unless such activity is either:

(a) One for which a hazardous waste facility permit is required from the State of California in accordance with the Health and Safety Code and related state statutes and regulations; or

(b) One for which a current hazardous waste producer's license has been issued by the CUPA pursuant to this Article.

Any such activity at any location in the CUPA jurisdiction that requires a license in accordance with this Section shall be deemed to be a unified program facility under the unified program. A separate license shall be required for each such location.

An application for the license, required by Section 4512, shall be submitted to the CUPA in the form and manner prescribed by the unified program manager. Except when it pertains to a license that will merely renew an existing license, the application shall include a demonstration, to the satisfaction of the unified program manager, that the activity to which the application pertains will be conducted or operated in accordance with the Act. A separate application shall be required for each location in the CUPA jurisdiction for which a license is required by this Article. The CUPA shall issue the license upon receipt of a complete application and payment of the applicable fee specified in Section 4517.

Subject to the provisions of Section 4516, the license shall be valid for a period of one year from the date of issuance. The license document shall identify the specific activity licensed, the specific location or locations in the CUPA jurisdiction at which such activity is to be conducted or operated, and the person or persons to whom the license is issued. The license shall be valid only for the identified activities conducted or operated at the identified locations in the CUPA jurisdiction by the identified persons.

The CUPA shall notify the person to whom a license has been issued of any suspected failure to conduct the activity to which the license pertains in accordance with law or with a program that minimizes to the greatest extent economically practicable the volume and toxicity of hazardous waste produced. Such notice shall briefly describe the suspected failure, shall specify a date, time and place of a hearing at which such person will be afforded an opportunity to present evidence showing there has been no such failure, and shall state that failure to appear and present such evidence that may result in suspension or revocation of the license.

(a) Suspension and Revocation by Hearing Officer. A license with respect to which notice has been given pursuant to Section 4515 is subject to suspension or revocation 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 may suspend or revoke the license as the facts may warrant; provided however, that the hearing officer shall have the discretion not to suspend or revoke the license if the hearing officer determines that the failure was not willful, is not ongoing, and is not likely to recur.

(b) Suspension by the Unified Program Manager. The unified program manager may suspend a license prior to a hearing when the unified program manager determines that such action is necessary to protect the public health and safety, the environment or domestic livestock or wildlife from imminent danger. The CUPA shall notify the person to whom the license was issued of such suspension. The suspension shall remain in effect until the hearing officer makes a final determination after 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.

(c) Other Remedies. This Section shall not deprive the CUPA or the County of the authority to pursue any other action or remedy otherwise available under the law.

Each person to whom a license has been issued shall pay to the CUPA a license fee, computed in accordance with this Section to defray the costs of the County to issue the license and to inspect each pertinent location on behalf of the CUPA. Such fee shall be due and payable in full for each such license and shall be payable by such person each year thereafter upon renewal of the license.

Fee Amount. Except as provided in this Section, the license fee shall be computed in accordance with the following formula:

Fee = ABC

where:

A = The EHS III contract hourly rate in effect as of the date of the application for or renewal of the license;

B = The estimated average number of person-hours to process the license and inspect the location based upon the estimated quantity of hazardous waste to be produced annually by the facility or location as follows:

C = The number 1 except that the number shall be 0.5 if the facility is required to pay a supplemental inspection fee in accordance with Section 4537 of Article 1.4 of this Chapter.

Notwithstanding the foregoing, said fee shall be equal to the EHS III contract hourly rate in effect on the date of the application or renewal of the license if the activity for which the license is issued is, as of the date of the issuance or renewal, registered as a small-quantity generator pursuant to Section 4569 of Article 3 of this Chapter.

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

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

Any person who violates any provision of Section 4512 shall be guilty of a misdemeanor/infraction and shall be guilty of a separate offense for each day or portion thereof during which such violation is committed. The provisions of this Section are in addition to and independent of any other sanctions which are or may be imposed under this Article or any other provisions of law.

If an inspection required by Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, or by any regulations pursuant thereto, or as a condition of any permit issued pursuant to Ventura County Ordinance Code Section 4512 results in any violation which is uncorrected after an initial follow-up inspection, then the following fee shall be paid to the CUPA in an amount computed pursuant to the following formula for each subsequent follow-up inspection needed to obtain correction of said violation:

Fee = AE

where:

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

E = the number of person hours expended on behalf of the CUPA by County employees traveling to and from the site and conducting the inspection

(Add. Ord. 4269—6/18/02)