Chapter 8.36 — HAZARDOUS MATERIALS

The declared purposes of this chapter are to: (a) provide for the establishment of a program to monitor establishments where hazardous materials are produced, stored, handled, disposed of, treated, emitted, discharged, or recycled; (b) provide that said program be managed by the Health Officer; (c) reference State of California health and safety laws and regulations that direct said program; (d) fully implement regulatory efforts related to hazardous materials; and (e) assure the safe handling of hazardous materials that is protective of public health and the environment. (Prior code § 13.48)

The basic requirements for the City of Vernon Hazardous Materials Monitoring and Control Program are stated in the Hazardous Materials Release Response Plans and Inventory law, Chapter 6.95 of Division 20 of the Health and Safety Code of the State of California; and the California Code of Regulations, Title 19; or their successors as they may be amended from time to time. The provisions of this chapter are requirements of the City of Vernon Hazardous Materials Monitoring and Control Program that are additional to those in Federal and State law and regulation; provided, however, nothing herein shall be interpreted so as to interfere with the lawful regulatory jurisdiction of any State or Federal agencies over hazardous materials under any applicable law.

(Prior code § 13.49)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Administering agency" means the Health and Environmental Control Department of the City of Vernon, which is a Certified Unified Program Agency, as defined in the California Health and Safety Code.

"Certificate of closure" means a document, written by the administering agency, that confirms the hazardous material activities at the site of a hazardous material establishment have ceased, and no significant hazardous material residuals remain at the site.

"City Clerk" means the City Clerk of the City of Vernon.

"City Council" means the City Council of the City of Vernon.

"Emergency response agency" means the Fire Department.

"Hazardous materials" means the same as "hazardous material" in Section 25501 the California Health and Safety Code, as it may be amended from time to time.

"Hazardous materials business plan" means the same as "Business plan" in Section 25501 the California Health and Safety Code, as it may be amended from time to time.

"Hazardous materials establishment" or "establishment" means any room, building or place, or portion thereof, maintained, used or operated where hazardous materials are produced, stored, handled, disposed of, emitted, treated or recycled in the City.

"Health Department" or "Department" means the City Department of Environmental Health.

"Health Officer" means the City of Vernon Health Officer, or duly authorized representative. The duties of the Health Officer are those set forth in the California Health and Safety Code, as it may be amended from time to time. Whenever a power is granted to or a duty imposed upon the Health Officer by this chapter, the power may be exercised or the duty performed by a duly authorized representative of the Health Officer, unless this chapter expressly provides otherwise.

"Location" means a building, a group of contiguous or adjacent buildings occupied by a single company, or a single parcel of unimproved property.

"Operator" means the same as "business operator" as identified in an establishment's hazardous materials business plan.

"Person" means any individual, company, firm, corporation, association, business, trust, joint venture or group or combination and acting as a unit; or, any employee, officer or any other kind of representative thereof acting either under personal appointment or pursuant to law, or any successor in interest thereto.

(Prior code § 13.1, 13.50)

• A. The administering agency is hereby designated to be responsible for the administration and enforcement of the provisions of this chapter.

• B. It shall be the duty of the Health Officer to oversee and supervise the administering agency in the performance of its duties to enforce the provisions of this chapter.

• C. The administering agency shall review and approve hazardous materials business plans required by Section 8.36.130.

• D. It shall be the duty of the administering agency, in conjunction with the emergency response agency to prepare, update, review, and approve a Citywide area plan, as defined in State law, to be implemented in the event of an unauthorized release of hazardous materials that may extend beyond the premises or location where the release occurs.

• (Prior code § 13.51)

It is the duty of the administering agency to make periodic inspections of all hazardous materials establishments in the City of Vernon. The administering agency shall closely coordinate its inspection activities with the emergency response agency and other City departments and public agencies, so as to reduce duplication of effort and assure consistency of enforcement. (Prior code § 13.52)

• A. It is unlawful for a person to establish, operate, or maintain a hazardous materials establishment without first obtaining a hazardous materials establishment permit from the administering agency.

• B. An operator of a permitted hazardous materials establishment shall report in writing any change of ownership, operator, business name, or address information, within 30 calendar days of the occurrence of the change, and request an amendment to the permit.

• C. No permit issued pursuant to this chapter shall be transferable. (Prior code § 13.53)

• A. Every applicant for a permit required by this chapter shall file a written application before commencing operation, on a form provided by the administering agency, and shall attach the appropriate fee, as specified in Section 8.36.100. Each application shall include a hazardous materials business plan.

• B. A permittee shall notify the administering agency, in writing, of any changes in a hazardous materials business plan within 30 calendar days, and the administering agency shall review the changes for completeness.

• C. Information contained in the hazardous materials business plan shall be provided to the emergency response agency by the administering agency within 30 working days of a site inspection to confirm the details in the hazardous materials business plan.

• (Prior code § 13.54)

The administering agency shall determine, after reviewing the application and conducting an inspection of the hazardous materials establishment, whether the initial application filed by the applicant is accurate and complete. If the application is accurate and complete, the administrating agency shall issue a permit to the establishment operator within 60 calendar days of the determination that the application is accurate and complete. Such permit shall become effective on the date of issue and shall expire on the following June 30th. For applications that are determined by the administering agency as incomplete or inaccurate, a written notice of disapproval shall be issued. The applicant may appeal the determination to the City Council pursuant to the procedures set forth in Section 8.36.260. (Prior code § 13.55)

The operator of an establishment shall submit an application for renewal of the hazardous materials establishment permit annually by completing and submitting a renewal form, provided by the administering agency, along with payment of a renewal fee. Annual renewal forms shall be certified and submitted for each succeeding renewal period and shall include all pertinent changes made to the establishment's hazardous materials business plan since the previous application or renewal. After confirmation that an associated permit renewal fee has been paid, the administering agency shall review the renewal form for accuracy and completeness. Renewal permits shall become effective when the respective renewal forms are determined to be accurate and complete, or on July 1st of each year, whichever is later; and expire on the following June 30th. Permits that are not renewed by August 1st become delinquent and are subject to the penalty indicated in Section 8.36.100(B). The administering agency reserves the right to require a permittee to submit a new application, in lieu of a renewal form, when it is deemed appropriate. (Prior code § 13.56)

• A. A fee shall be paid to the administering agency by each person who submits an application for a permit to operate a hazardous materials establishment or to renew, amend, or terminate a permit required by this chapter. Such permit fees shall be established by resolution of the City Council. The City Council may provide for the waiver of fees when a public agency makes an application for a permit or renews a permit.

• B. There shall be added to and collected with the permit or other fees, a penalty equal to 10% of the permit fee that is delinquent for 30 calendar days. For each additional month or fraction thereof in which a delinquency continues, an additional 10% penalty shall be collected. In no event shall the total penalty exceed 60% of the permit fee.

• C. No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied, or the permittee discontinues operation of the facility prior to expiration of the permit term, or that the permit is suspended or revoked prior to the expiration of the permit term.

(Prior code § 13.57)

The hazardous materials establishment permit shall be subject to revocation or suspension by the administering agency upon the determination by the administering agency of a violation by the permittee, the permittee's employee or agent, or any other person acting with the permittee's consent or under the permittee's authority, of any provision of this chapter or any referenced law or regulation of the State of California. The permittee may appeal the determination to the City Council pursuant to the procedures set forth in Section 8.36.260. (Prior code § 13.58)

It is the responsibility of the establishment operator to operate and maintain the hazardous materials establishment in a manner whereby all hazardous material is stored, handled, treated, or disposed of in accordance with applicable Federal, State and local law. An establishment operator shall operate and maintain all areas used for storage, treatment, or handling of hazardous material in a manner which minimizes the possibility of a fire, explosion, or unplanned release, whether sudden or slow, into the air, soil, ground surface, or waters of the United States.

(Prior code § 13.59)

• A. Required. The operator of each hazardous materials establishment permitted by this chapter shall prepare and maintain a hazardous materials business plan which shall be filed with the administering agency. The administering agency shall review and, if deemed complete, transfer the information from said plan to the emergency response agency. The operator shall use the plan to safely handle hazardous materials, and shall update the plan as necessary to keep it current.

• B. Contents. Hazardous materials business plans shall include all the applicable information specified on a form provided by the administering agency.

• (Prior code §§ 13.60, 13.61)

Emergency contacts designated in an establishment's hazardous materials business plan shall have the following responsibilities in the event of a fire, explosion, or any unplanned release of hazardous material:

• A. Emergency contacts shall comply with Section 8.36.150; and

• B. Emergency contacts shall provide any and all relevant information requested by the emergency response agency authorized officer about the involved hazardous materials establishment and assist in expediting appropriate evacuation plans.

(Prior code § 13.62)

The operator or the emergency contact designated in an establishment's hazardous materials business plan shall immediately notify the emergency response agency as well as the administering agency of any release of hazardous materials. (Prior code § 13.63)

The emergency response agency shall have scene management authority on behalf of the City for addressing hazardous materials spills or releases onto streets, roads except freeways, and public and private property, within the City limits of the City of Vernon. The emergency response agency scene manager shall have the option to request other City departments to assist by providing support functions such as perimeter control, establishing access routes for emergency equipment, assisting in evacuations of non-contaminated areas, and providing equipment and personnel for spill or release containment and clean-up. The administering agency shall consult with the emergency response agency scene manager, take samples, perform tests, and otherwise assist in evacuations and clean-ups as requested. (Prior code § 13.64)

The hazardous materials establishment operator shall be responsible for the training of all personnel that work with hazardous materials at the establishment. The training shall include classroom or on-the-job instruction which informs facility personnel about hazardous material management safety procedures, the establishment's hazardous materials business plan, and laws relevant to the positions to which they are assigned. The establishment operator shall maintain records of the names of personnel receiving training, dates of instruction, and the training subject matter.

(Prior code § 13.65)

The operator of a hazardous materials establishment shall notify the administering agency at least 30 calendar days before the date of termination of hazardous material activities at the establishment, or closure of the establishment, and apply for a certificate of closure. If the operator has less than 30 calendar days advance knowledge of such termination or closure, he shall notify the administering agency on the next working day after receiving such knowledge. (Prior code § 13.66)

Within 90 calendar days of closure or termination of hazardous material activities, all hazardous materials and hazardous material residues shall be properly removed from establishment equipment, structures, and premises. Proper documentation of closure or termination activities shall be submitted to the administering agency and shall be reviewed as a basis for issuance of a certificate of closure. The administering agency may grant an extension of the time limit for the removal of such hazardous materials and residues based upon the administering agency's determination that extraordinary circumstances warrant such an extension. (Prior code § 13.67)

• A. The operator of a hazardous materials establishment and a professional, acceptable to the administering agency, such as an independent qualified engineer registered in California, a chemist with an appropriate degree in chemistry, or an environmental assessor registered to practice in California, shall submit to the administering agency closure documentation, including certification that the establishment has complied with Section 8.36.190. The closure documentation shall include a narrative report with details of the method of sampling or testing that confirms removal of hazardous materials and residues, as well as clean-up procedures followed. The disposition of hazardous materials formerly stored at the establishment shall be stated in the closure report.

• B. The administering agency shall review all submissions and issue a certificate of closure if it is determined that all hazardous materials and significant hazardous material residues have been properly removed from an establishment. The administering agency shall notify, in writing, whomever submitted the closure documentation, if the submitted documents are inadequate to permit the issuance of a certificate of closure.

• C. The premises shall not be reoccupied until the certificate of closure is issued by the administering agency.

• D. If an operator of a hazardous materials establishment fails to comply with the closure requirements of Section 8.36.180, 8.36.190 or 8.36.200, the owner of the property on which the hazardous materials establishment is located will be responsible for complying with these closure requirements.

• (Prior code § 13.68)

• A. Any permit holder or permit applicant who handles only a limited amount of hazardous materials which are generally available as over-the-counter products to the public, may apply to the administering agency for a variance from certain or all portions of this chapter.

• B. Any permit holder or permit applicant may apply to the administering agency for a variance from specific requirements of this chapter.

• C. Variances will be considered based on the submission of clear and convincing justification or evidence that the granting of a variance will not pose a significant threat to public health, public safety, or the environment. Should the variance be denied, the applicant may appeal the denial to the City Council pursuant to the procedures set forth in Section 8.36.260.

• D. A variance may be revoked by the administering agency upon 10 calendar days' written notice sent to the applicant by regular mail at the applicant's address contained in applicant's last-filed application or renewal. Said variance may be revoked because of operational changes such as, but not limited to, a change in the justification or evidence submitted with the original variance application, or for violations of applicable laws and/or regulations. Should the variance be revoked, the applicant may appeal the denial to the City Council pursuant to the procedures set forth in Section 8.36.260.

• (Prior code § 13.69)

The administering agency may promulgate regulations to further refine or clarify the requirements of this chapter. Such regulations shall be contained in a resolution and shall be effective after the approval by the City Council. Upon approval, such regulations shall have the same force and effect as other provisions of this chapter. (Prior code § 13.70)

Laws and regulations of other Federal, State, regional and local agencies may apply. (Prior code § 13.71)

It is unlawful to abandon, place, scatter, bury, discharge, or improperly dispose of any hazardous material or hazardous material residue in, upon, or below the surface of any premises, highway, public street, public right-of-way, public place, or storm drain system in the City, or on any premises owned by another entity. Lawful disposal may be accomplished at a treatment, storage, or disposal facility permitted by the State of California or other governmental agency. (Prior code § 13.72)

The administering agency is authorized to issue written orders to comply with provisions of this chapter in cases where, in the judgment of the administering agency, hazardous material is being improperly handled, used, stored, or disposed. Failure to comply with written orders issued by the administering agency within the time specified by the orders could result in permit suspension or revocation pursuant to Section 8.36.110 and/or the assessment of civil penalties, fines, and/or imprisonment pursuant to Section 8.36.270. (Prior code § 13.73)

• A. Any person aggrieved by the decision of the administering agency with respect to the issuance, denial, suspension or revocation of a permit, certificate of closure or variance pursuant to this chapter may appeal that decision to the City Council or its designee within 30 calendar days from the notification of the issuance, denial, suspension or revocation of the permit, certificate of closure or variance. The appeal must be in writing and filed with the City Clerk. Following the filing of an appeal, the City Council or its designee must notify the appellant of a time and place for a hearing to review the appeal. Following the hearing, the City Council must notify the appellant of the decision in writing.

• B. Failure to file a written appeal with the City Clerk within 30 calendar days of said determination shall be deemed a waiver of the right to appeal.

• (Prior code § 13.74)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

(Prior code § 13.75)