Ventura County Municipal Code Art. 1.3 Unified Program—Aboveground Storage of Hazardous Substances

The purpose of this Article is to implement the provisions of Chapter 6.67 (commencing with Section 25270) of Division 20 of the Health and Safety Code and to provide for fees to pay the County's costs to implement such Chapter on behalf of the CUPA. The authority for this Article includes such Chapter, 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 areas of the participating agencies 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.

The CUPA shall charge and shall be paid a fee to defray the costs to the County to implement the unified program related to Spill Prevention Control and Countermeasure Plan on behalf of the CUPA. Such fee shall be due and payable once each year for each unified program facility where such a plan is required. The person or persons who are the owners and operators of such facility where such a plan is required shall be jointly and severally liable to pay such fee. The fee provided by this Section shall be due and payable upon demand by the CUPA.

The fee for aboveground petroleum storage facilities with a storage capacity of one thousand three hundred twenty (1,320) gallons to nine thousand nine hundred ninety-nine (9,999) gallons shall be:

Fee = 1A

where:

A = The EHS III contract hourly rate in effect at the time the CUPA demands payment.

The fee for aboveground petroleum storage facilities with a storage capacity greater than nine thousand nine hundred ninety-nine (9,999) gallons shall be:

Fee = (2A) + (8B) 3

where:

A = The EHS III contract hourly rate in effect at the time the CUPA demands payment; and,

B = The EHS IV contract hourly rate in effect at the time the CUPA demands payment.

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