Ventura County Municipal Code Art. 1.4 Unified Program—Business Plan/Risk Management Plan

The purpose of this Article is to 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 costs incurred implementing 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 25404.5 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.

Notwithstanding Health and Safety Code Sections 25501.2 and 25503.5, any business that uses or stores any quantity of a chemical that the CUPA/Administering Agency determines to be a "regulated substances accident risk" as this term is defined in Health and Safety Code, Section 25532(h) is required to comply with Health and Safety Code Sections 25504 and 25505.

(Am. Ord. 4373—12/4/07)

Unless the context provides otherwise, the definitions found in Section 4501 of Article 1 of this Chapter and the definitions found in Sections 25501 and 25532 of Division 20 of the Health and Safety Code shall also apply to this Article.

The CUPA shall charge and shall be paid the fees provided by this Article with respect to any business that is required to have a Hazardous Materials Business Plan/Risk Management Plan for any unified program facility in the CUPA jurisdiction. The person or persons who own or operate such facility shall be jointly and severally liable to pay such fees.

(a) Supplemental Inspection Fee. The supplemental inspection fee is intended to reimburse the County for its cost for the estimated average number of supplemental person-hours required to conduct one annual inspection of a facility on behalf of the CUPA. This estimated 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:

Notwithstanding the quantities above, the estimated average number of supplemental person hours shall be 0.5 for any amount of radioactive material that requires a business plan in accordance with Section 25503.5(a) of the Health and Safety Code.

For example, if the inventory indicated estimated maximums of forty (40) gallons of the first material, two hundred seventy (270) gallons of the second material, nine hundred (900) pounds of the third material, and one hundred (100) cubic feet of the fourth material, the estimated average number of supplemental person-hours would be 1.0 (0+0.5+0.5+0=1.0). The supplemental inspection fee shall be due annually in connection with the submittal of the first business plan for the facility and each year thereafter in connection with the submittal of the annual updates of the inventory component of the business plan pursuant to subdivision (b) of Section 2729.4 of Title 19 of the California Code of Regulations. The amount of the supplemental inspection fee shall be calculated in accordance with the following formula:

Fee = AB

Where:

A = the EHS III contract hourly rate in effect at the time of the inspection; and

B = the estimated average number of supplemental person-hours.

Notwithstanding the foregoing, in no event shall the supplemental inspection fee exceed ten thousand dollars ($10,000.00). The supplemental inspection fee shall not apply to the Ventura County Fire Protection District for the storage of vehicle fuel in above ground tanks at its fire stations. This exception shall not apply to the storage of vehicle fuel at Ventura County Fire Protection District fire stations when stored in underground storage tanks and the fee shall be as provided in Section 4527 of the ordinance codified in this Chapter.

(b) The supplemental inspection fee for any business that is entitled to the exemption specified in Health and Safety Code Section 25503.5(c)(5) shall be calculated in accordance with the following formula:

Fee = .85A

Where:

A = the EHS III contract hourly rate in effect at the time of the inspection.

The basic inspection fee as described in Section 4507 and the CUPA administrative fee as described in Section 4506 of the Ventura County Ordinance Code shall not apply to any business that is entitled to the exemption specified in Health and Safety Code 25503.5(c)(5).

(Am. Ord. 4304—6/22/04; Am. Ord. 4373—12/4/07)

(a) RMP Review Fees. Any person who is the owner or operator of any stationary source that is required by the provisions of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code to submit to the CUPA a RMP or a revision of a previously approved RMP shall be jointly and severally liable to pay an RMP review fee to the CUPA for each RMP or revision required to be submitted after the operative date of this Article. The amount of the RMP review fee shall be calculated in accordance with the following formula:

Fee = CD

Where:

C = the EHS IV contract hourly rate at the time of review of the review; and

D = the number of person-hours actually expended by the County on behalf of the CUPA in connection with the review of the proposed RMP or revision after the CUPA has determined pursuant to Section 25534 of the Health and Safety Code that the RMP or revision is required.

Within thirty (30) calendar days after the owner or operator has been notified that the CUPA has determined that the RMP or revision is required, the owner or operator shall submit to the CUPA an amount equal to ten (10) times the EHS IV contract hourly rate as an advance deposit on account of the RMP review fee. At the end of each calendar quarter during which it is conducting its review of the RMP or revision, the CUPA shall send the owner or operator an itemized quarterly billing, and upon completion of its review (or upon determining that the proposed RMP or revision is no longer required on account of changes in the proposed operation of the facility), the CUPA shall send the owner or operator an itemized final billing, showing the total number of person-hours expended to date in connection with the review. If the amount of any quarterly or final billing is more than the amount of the advance deposit plus any additional amounts received by the CUPA on account of the RMP review fee, the owner or operator shall pay the balance within thirty (30) calendar days after receipt of the billing. If the amount of the final billing is less than the amount of the advance deposit, the CUPA shall refund the balance.

(b) Inspection and Audit Fees. Any person who is the owner or operator of any stationary source that is inspected by the CUPA pursuant to Section 25537 of the Health and Safety Code, and any person who is the owner or operator of any stationary source that has its RMP audited by the CUPA pursuant to Section 68.220 of Title 40 of the Code of Federal Regulations, shall be jointly and severally liable to pay a fee for each such inspection or audit. The amount of the fee shall be calculated in accordance with the following formula:

Fee = CE

Where:

C = the EHS IV contract hourly rate in effect at the time of the inspection or audit; and

E = the number of person-hours actually expended by the County on behalf of the CUPA in connection with the inspection or audit.

After the CUPA has completed the inspection or audit, it shall send the owner or operator an itemized billing showing the total number of person-hours expended in connection with the inspection or audit. The owner or operator shall pay the fee within thirty (30) calendar days after receipt of the billing.

The CUPA may seek and collect administrative penalties in accordance with, and if allowed by, Sections 25514.5 and 25514.6 of the Health and Safety Code. Article 1.6 (commencing with Section 4550) of this Chapter shall constitute a written policy to adopt and carry out the provisions of Sections 25514.5 and 25514.6 of the Health and Safety Code.