Ventura County Municipal Code Art. 5 Business Plans and Risk Management and Prevention Programs

The purpose of this Article is to supplement and 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 cost incurred in administering such chapter. The authority for this Article includes such chapter, the provisions of Section 101325 of the Health and Safety Code, and the general police power. The provisions of this Article shall apply to all of Ventura County, including cities therein, excepting only the City of Oxnard which has its own CUPA.

(Am. Ord. 4134—6/17/97)

For the purpose of this Article, unless the context otherwise requires, the definitions in Sections 25501 and 25532 of the Health and Safety Code and, in addition, the following definitions shall apply:

(a) "Administering agency" means the Environmental Health Division of the Ventura County Resource Management Agency, which performs the functions of the CUPA for all of Ventura County except the City of Oxnard.

(b) "Chapter 6.95" means Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code as amended from time to time.

(c) "Contract hourly rate" means the hourly cost of the County of providing 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.

(d) "EHS III contract hourly rate" means the contract hourly rate for one Environmental Health Specialist III.

(e) "EHS IV contract hourly rate" means the contract hourly rate for one Environmental Health Specialist IV.

(f) "Manager" means the Deputy Director of the Ventura County Resource Management Agency assigned to manage that agency's Environmental Health Division and his or her duly appointed representatives.

(Am. Ord. 4134—6/17/97)

Every business that is required by the provisions of Chapter 6.95 to submit a business plan or plans to the administering agency with respect to a given facility or facilities shall pay the applicable fee specified in this Section for each such facility, except for any facility that is entitled to the exemption specified in subdivision (c) (5) of Section 25503.5 of the Health and Safety Code.

(a) Business Plan Review Fee. The business plan review fee is intended to reimburse the administering agency for the estimated average cost of reviewing the first business plan for a given facility. The fee shall be paid only once in connection with submittal of the first business plan for the facility, and only if that plan is submitted after the operative date of this Article, and shall not be paid in connection with any modification of the first business plan. The business plan review shall be due on the date on which the first draft of the first business plan for the facility is submitted for review, or on the date on which the facility first handles a hazardous material or a mixture containing hazardous materials in a threshold amount specified in subdivision (a) of Section 25503.5 of the Health and Safety Code, whichever date is earlier. The amount of the business plan review fee shall be equal to twice the EHS III contract hourly rate.

(b) Basic Inspection Fee. The basic inspection fee is intended to reimburse the administering agency for the estimated cost of the minimum amount of time (i.e., 2.25 person-hours) required to conduct one annual inspection of one facility. The fee shall be paid annually in connection with the submittal of the first business plan for the facility and each year thereafter in connection with the submittal of annual updates of the inventory component of the business plan pursuant to subdivision (g) of Section 2729 of Title 19 of the California Code of Regulations. If paid in connection with the submittal of the first business plan for the facility, the basic inspection fee shall be due on the date that the business plan review fee for that facility is due. If paid in connection with the annual update of the inventory, the basic inspection fee shall be due on the date the updated inventory is due. The amount of the basic inspection fee paid pursuant to this Section shall be equal to 2.25 times the EHS III contract hourly rate; provided that, if the facility is one for which a current health permit has been issued pursuant to Section 4605 or if the basic inspection fee specified in either subdivision (a) of Section 4508 or subdivision (b) of Section 4529 has been paid with respect to the same facility in the same calendar year, the amount of the basic inspection fee specified in this Section shall be zero.

(c) Supplemental Inspection Fee. The supplemental inspection fee is intended to reimburse the administering agency for the cost of the estimated average number of supplemental person-hours (over and above the first 2.25 person-hours covered by the basic inspection fee) required to conduct one annual inspection of a facility. This estimated average 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:

For example, if the inventory indicated estimated maximums of 40 gallons of the first material, 270 gallons of the second material, 900 pounds of the third material, and 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 on the date the basic inspection for that facility is due. The amount of the supplemental inspection fee shall be equal to the product of the EHS III contact hourly rate multiplied by the estimated average number of supplemental person-hours; provided that, if the facility is one for which a current health permit has been issued pursuant to Section 4605, the amount of the supplemental inspection fee shall be zero. Notwithstanding the foregoing, in no event shall the supplemental inspection fee exceed ten thousand dollars ($10,000.00).

(d) Alternative Participating Agency Fees. Whenever a service specified in this Section is provided by a Participating Agency pursuant to an agreement with the County and the agreement specifies a fee for that service, the fee specified in the agreement shall be charged for that service in lieu of the corresponding fee specified in subdivision (a), (b) or (c) of this Section.

(Am. Ord. 4134—6/17/97)

(a) RMP Review Fees. The owner or operator of any stationary source that is required by the provisions of Chapter 6.95 to submit to the administering agency an RMP or a revision of a previously approved RMP shall pay an RMP review fee 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 equal to the product of the EHS IV contract hourly rate multiplied by the number of person-hours actually expended by the administering agency in connection with the review of the proposed RMP or revision after the administering agency 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 administering agency has determined that the RMP or revision is required, the owner or operator shall submit to the administering agency 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 administering agency 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 administering agency 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 administering agency 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 that the amount of the advance deposit, the administering agency shall refund the balance.

(b) Inspection and Audit Fees. The owner or operator of any stationary source that is inspected by the administering agency pursuant to Section 25537 of the Health and Safety Code, and the owner or operator of any stationary source that has its RMP audited by the administering agency pursuant to Section 68.220 of Title 40 of the Code of Federal Regulations, shall pay a fee for each such inspection or audit. The amount of the fee shall be equal to the product of the EHS IV contract hourly rate multiplied by the number of person-hours actually expended by the administering agency in connection with the inspection or audit. After the administering agency 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.

(c) Alterative Participating Agency Fee. Whenever a service specified in this Section is provided by a Participating Agency pursuant to an agreement with the County and the agreement specifies a fee for that service, the fee specified in the agreement shall be charged for that service in lieu of the corresponding fee specified in subdivision (a) or (b) of this Section.

(Am. Ord. 4134—6/17/97)

The fees required by Section 4563 shall be deemed delinquent if not paid on or before the due date specified therein. The advance deposit and subsequent fee payment required by Section 4564 shall be deemed delinquent if not paid within the applicable 30-day period specified therein. In the event any fee payment or advance deposit required by Section 4563 or Section 4564 becomes delinquent, a late payment surcharge shall be added thereto in an amount equal to ten (10) percent of the amount due if the amount due and surcharge are both paid within sixty (60) calendar days after the date of delinquency and sixty (60) percent of the amount due if the amount due and the surcharge are not both paid within said 60-day period. The surcharge is imposed to recover the estimated average additional cost incurred by the administering agency in connection with delinquencies and not as a penalty.

The fees and surcharges imposed pursuant to this Article are in addition to any other fees and surcharges that may be required by state or federal law or local regulations.

This Section constitutes a written policy to adopt and carry out the provisions of Sections 25514.5 and 25514.6 of the Health and Safety Code.

(a) Hearing Officer. The manager shall be the hearing officer for all administrative hearings pursuant to Section 25514.6 of the Health and Safety Code.

(b) Notice of Hearing Date and Place. The complaint issued pursuant to Section 25514.6 of the Health and Safety Code shall specify the date, time and place at which the hearing shall be held, which date shall be within sixty (60) days after service of the complaint.

(c) Hearing. The hearing shall be public and shall be held before the hearing officer at the date, time and place specified in the complaint or at such other date, time and place as may be mutually agreed to by the hearing officer and the party served with the complaint.

(d) Oaths. The hearing officer shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

(e) Evidence. Oral evidence need not be taken under oath or affirmation unless a person on whom civil liability may be imposed pursuant to the hearing so requests and it appears that the witness has a motive for being untruthful. Testimony may be given in an informal narrative style. The administering agency and the person on whom civil liability may be imposed have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any manner relevant to the issues even though such matter was not covered on direct examination, and to impeach any witness regardless of who first called the witness to testify. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient in itself to support a finding unless it would admissible over objection in a civil action.

(f) Subpoena Power. Before the hearing has commenced, the hearing officer shall, at the request of any representative of the administering agency or the person on whom civil liability may be imposed, issue subpoenas and subpoenas duces tecum for attendance or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum. After the hearing is commenced, the hearing officer may issue such subpoenas and subpoenas duces tecum as he or she deems proper. Any person duly subpoenaed to appear and testify or to produce any books and papers before the hearing officer who wrongfully neglects or refuses to appear to testify or to produce such books and papers is guilty of a misdemeanor.

(g) Record. The hearing officer shall record the hearing on a recording device and shall make such recording available to any member of the public upon request. The hearing officer shall provide a copy of the recording or a transcript prepared therefrom to any person who requested and pays the cost of making such copy or preparing such transcript.

(h) Decision. After the hearing, the hearing officer shall prepare and issue a decision in accordance with the provisions of Section 25514.6 of the Health and Safety Code. The maximum amount of the civil penalty, if any, imposed by the decision shall be the maximum amount allowed under Section 25514.5 of the Health and Safety Code or the amount specified in the complaint, whichever amount is less. Subject to those maximums, the amount of the civil penalty imposed, if any, shall be as determined by the hearing officer in accordance with the provisions of Sections 25514.5 and 25514.6 of the Health and Safety Code.