Ventura County Municipal Code Art. 1.5 Unified Program—Inspection of State Authorized Facilities

The purpose of this Article is to implement the provisions of Section 25201.4 of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and to provide for fees to pay the costs of the County to implement such provisions 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 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 definition shall apply to this Article:

(a) "Fixed Treatment Unit" means a fixed treatment unit as that term is defined in Section 66260.10 of Division 4.5 of Title 22 of the California Code of Regulations.

The CUPA shall charge and be paid an annual fee to defray the costs to the County of implementing the provisions of Section 25201.4 of the Health and Safety Code and related provisions of the Act on behalf of the CUPA, including without limitation the inspection of hazardous waste treatment facilities that have been permitted or authorized by the State of California pursuant to a permit-by-rule, conditional authorization or conditional exemption. The fee is hereby imposed for each such facility that is subject to such inspection. The person or persons who were issued or hold such permit or authorization or who are the owners or operators of the facility shall be jointly and severally liable to pay such fee. Such fee shall be due and payable upon demand by the CUPA.

The fee for each facility under a permit-by-rule or conditional authorization shall be:

Fee = 7A + 6AB

The fee for each facility under a conditional exemption shall be:

Fee = 0.5A + 0.5AB

Where with respect to both fees:

A = The EHS III contract hourly rate in effect as of the date the inspection occurs; and

B = The total number of fixed treatment units subject to the permit-by-rule, conditional authorization or conditional exemption, as the case may be, less one.