Wildomar Municipal Code Ch. 8.52 Hazardous Waste Control

It is the intent of the City Council that the Department of Environmental Health administer a program for the purpose of monitoring establishments where hazardous waste is generated, stored, handled, disposed, treated or recycled, and to regulate by the issuance of permits, the activities of establishments where hazardous waste is generated.

(Ord. 18 § 2, 2008, RCC § 8.60.010)

Incorporated by Reference. The terms used in this chapter shall be as defined in the Hazardous Waste Control Law of the State of California, Health and Safety Code, Chapter 6.5, Division 20, Sections 25100, et seq., as it is amended, and the regulations adopted pursuant to that law, Title 22 of the California Code of Regulations, Chapter 10, Division 4.5, as amended, except for the following:

"Department of Environmental Health"

means the City Health Services Agency, Department of Environmental Health or a representative or employee of that Department.

"Establishment"

means any business, place, or activity of a commercial or noncommercial nature. Households which generate, store, handle, dispose of, treat or recycle hazardous waste of the kinds and in the amounts customary for ordinary households, do not constitute an establishment.

(Ord. 18 § 2, 2008, RCC § 8.60.020)

A. Department of Environmental Health Designated. The Department of Environmental Health is designated to enforce the provisions of the Hazardous Waste Control Law of the State of California as set forth in the California Health and Safety Code, Chapter 6.5, Division 20, Sections 25100, et seq., and the Environmental Health Standards for the Management of Hazardous Waste as specified in Title 22 of the California Code of Regulations, Division 4.5, pertaining to the generation, storage, handling, disposal, treatment and recycling of hazardous waste.

B. No Preclusion of Enforcement. No provision of this chapter nor the enforcement thereof, shall preclude the enforcement by the Department of Environmental Health or by the State of California or both, of any provision of Title 22 of the California Code of Regulations or the California Health and Safety Code.

(Ord. 18 § 2, 2008, RCC § 8.60.030)

A. Inspections. The Department of Environmental Health is empowered to make reasonable periodic inspections of establishments where hazardous waste is generated, stored, handled, disposed, treated or recycled, and all establishments where the Department of Environmental Health has reasonable cause to believe that hazardous waste is generated, stored, handled, disposed, treated or recycled. Such inspections may be made without prior notice of the same to the owner or operator of such establishment.

B. Failure to Comply. The failure or refusal of the owner or operator of such establishment or his/her employee, agent, or any other person acting with such owner's or operator's consent or pursuant to his or her authority, to permit any such reasonable inspection of the establishment by the Department of Environmental Health as provided in this chapter, shall be a violation of this chapter and shall, at the discretion of the Department of Environmental Health, be grounds for the denial, summary suspension, or revocation of a permit applied for or issued, as the case may be, pursuant to this chapter.

(Ord. 18 § 2, 2008, RCC § 8.60.040)

A. Completion of a Reporting Form. The Department of Environmental Health is empowered to require all persons known or reasonably believed to be owners or operators of establishments where hazardous waste is generated, stored, handled, disposed, treated or recycled to, within 30 days of a written request thereof, complete and submit a reporting form as described in subsection C of this section. The Department of Environmental Health shall process the reporting form according to Section 8.52.060(B).

B. Failure to Comply. The failure or refusal of the owner or operator of such establishment to submit to the Department of Environmental Health within 30 days of receipt of the request thereof, the completed reporting form specified herein, shall constitute a violation of this chapter.

C. Reporting Form. The completed reporting form shall be signed and dated by the owner or operator of the establishment and shall contain the following information:

1. Establishment name;

2. Mailing address;

3. Establishment phone;

4. Contact name;

5. Establishment address;

6. Business owner's or operator's name;

7. Business owner's or operator's phone number;

8. Name of previous owner(s) and operator(s);

9. Date business was started or acquired;

10. Legal nature of business: sole proprietorship, corporation or partnership;

11. Reason for application: new, re-open, change of owner;

12. Total number of employees at the site of the establishment;

13. Information regarding possession of permits from other agencies including the air quality management district, regional water quality control board, CAL-EPA Department of Toxic Substances Control, water district or sewer district;

14. The type and amount of hazardous waste produced;

15. Methods of management and disposal of hazardous waste including storage and recycling practices;

16. Hazardous waste manifesting practices;

17. The presence of hazardous materials storage tanks on the property.

(Ord. 18 § 2, 2008, RCC § 8.60.050)

A. Permit Required.

1. No person shall operate an establishment where hazardous waste is generated without a valid permit issued by the Department of Environmental Health. Application for a permit shall be made to the Department of Environmental Health upon the reporting form provided as described in Section 8.52.050, and shall be accompanied by the appropriate fee as specified in Chapter 3.44 and Section 8.52.070. A permit may be issued at any time during the year. All permits and applications for permits shall expire annually on the one-year anniversary of the date of program qualification and a new permit shall be applied for within 30 days of that date thereafter.

2. For nonpermitted establishments, permit fees and completed reporting forms are due at the time hazardous waste is first produced at the establishment. Permit fees for previously unpermitted establishments, which have not been issued permit notices by the Department of Environmental Health, may only be collected for the period after the effective date of the ordinance codified in this chapter.

B. Permit Issuance. Upon receipt of an application for a permit and the payment of the required fee, the Department of Environmental Health shall review the information set forth in the application and any attachments thereto. Such review may include, but is not limited to, an inspection by the Department of Environmental Health of the hazardous waste activities at the applicant's establishment. After such review has been completed, the Department of Environmental Health shall issue a permit to businesses that generate hazardous waste when the following requirements have been met:

1. The reporting form has been completed, submitted and reviewed by the Department of Environmental Health and found to be satisfactory;

2. The application fees as specified in Chapter 3.44 and Section 8.52.080 have been received;

3. It appears that the applicable requirements in the Hazardous Waste Control Law of the State of California as set forth in the California Health and Safety Code, Chapter 6.5, Division 20, Sections 25100, et seq., and the Standards Applicable to Generators of Hazardous Waste as specified in Title 22 of the California Code of Regulations, Division 4.5, and the requirements of this chapter pertaining to the management of hazardous waste have been met.

C. Notice of Denial. Where the Department of Environmental Health determines that an application for a permit should be denied, the Department of Environmental Health shall give notice to the applicant within 30 days of the date when the completed reporting form and the appropriate fees have been received by the Department of Environmental Health. Such notice shall be given in writing and shall contain a brief statement of the reasons for such denial. Such notice shall be personally delivered or sent by the Department of Environmental Health to the applicant by certified mail, postage prepaid, return receipt requested.

D. Reporting of Changes. Holders of permits issued pursuant to this chapter shall report in writing to the Department of Environmental Health, any change of business address, change of business ownership, or change of business name, within 30 days of any such change.

E. Nontransferability of Permit. No permit issued pursuant to this chapter shall be assignable or transferable whether voluntarily or by operation of law.

F. Failure to Comply.

1. Failure or refusal of the owner or operator of an establishment generating hazardous waste to submit to the Department of Environmental Health within 30 days of receipt of the request there-of, the appropriate permit fee, shall constitute a violation of this chapter.

2. Failure or refusal of the owner or operator of an establishment to comply with the Hazardous Waste Control Law of the State of California as set forth in the California Health and Safety Code, Chapter 6.5, Division 20, Sections 25100, et seq., and the Environmental Health Standards for the Management of Hazardous Waste as specified in Title 22 of the California Code of Regulations, Division 4.5, shall constitute a violation of this chapter.

(Ord. 18 § 2, 2008, RCC § 8.60.060)

Applicants for permits who are delinquent in filing their applications or permit fees or both, shall be subject to late fees as established under Chapter 3.44.

(Ord. 18 § 2, 2008, RCC § 8.60.070)

A. Cause. A permit issued, or applied for, pursuant to this chapter may be denied, suspended or revoked, for cause. Cause shall be any violation of this chapter, or any violation of the provisions of the California Health and Safety Code, Chapter 6.5, Division 20, Sections 25100, et seq., or any provision of the Environmental Health Standards for the Management of Hazardous Waste as specified in Title 22 of the California Code of Regulations, Division 4.5, pertaining to the generation, storage, handling, disposal, treatment and recycling of hazardous waste as amended.

B. Other Penalties Not Precluded. The suspension or revocation of a permit issued pursuant to this chapter, shall not preclude the imposition of any other penalty prescribed by this chapter or the prosecution of any violation of this chapter.

C. Cessation of Hazardous Waste Activities Required. Continued operation of an establishment where hazardous waste is generated, after the suspension and prior to the reinstatement of, or after the revocation or denial of a permit issued pursuant to this chapter, shall constitute a violation of this chapter.

D. Basis for Reinstatement of Permit. Reinstatement of a permit thus suspended or revoked shall not be effected unless and until the Department of Environmental Health determines in writing that the act, default, omission or condition, which was the ground for the suspension, revocation or denial has been remedied.

E. Delay in Reissuance of Permit After Revocation. Whenever any permit issued pursuant to this chapter shall have been revoked, no application by the holder of the revoked permit to operate the same or another similar establishment shall be considered for a period of one year from the date of such revocation.

(Ord. 18 § 2, 2008, RCC § 8.60.080)

A. Notice Required. In the event the Department of Environmental Health determines that an application for a permit pursuant to this chapter should be denied or that a permit issued pursuant to this chapter should be revoked or suspended, the Department of Environmental Health shall prepare a written notice of such proposed denial, suspension or revocation, setting forth therein a brief statement of the facts and applicable statute, regulation or provisions of this chapter which have been violated.

B. Service of Notice. A notice of proposed denial, suspension or revocation shall be served personally on the applicant or holder of the permit, or alternatively, may be sent by certified mail, postage prepaid, return receipt requested.

C. Right of Hearing. Any person whose application for a permit pursuant to this chapter is denied, or whose permit issued pursuant to this chapter is proposed to be suspended or revoked, shall have the right to appeal such denial, proposed suspension, or revocation by filing with the Department of Environmental Health, within 10 days after receipt of notice of such denial, suspension or revocation, a written notice of appeal setting forth the reasons the appellant believes such denial, proposed suspension or revocation is to be improper.

D. Scheduling of Hearing. Upon receipt of such notice of appeal, the Director of the Department of Environmental Health shall schedule a hearing of the appeal before the County Hazardous Materials Review Panel ("Panel") and shall give notice, in writing, to the appellant, of the date, time and place of such hearing by personally delivering such notice on the appellant, or alternatively, by sending such notice to the appellant by certified mail, postage prepaid, return receipt requested. A date for the hearing shall be established at a time not later than 30 days from the date the Department of Environmental Health receives the notice of appeal, and written notice thereof by the Department of Environmental Health to the appellant shall be given not later than 10 days prior to the date of the hearing.

E. Waiver of Hearing. When an establishment owner or operator fails to file with the Director of the Department of Environmental Health a written notice of appeal within 10 days of receipt of notice of such denial, proposed suspension or revocation, the owner or operator thereby is deemed to have waived the right to a hearing before the Panel. The Director of the Department of Environmental Health may forthwith implement the proposed action without a hearing.

(Ord. 18 § 2, 2008, RCC § 8.60.090)

A. Imminent Hazard or Threat. Notwithstanding the above, in those instances where the Director of the Department of Environmental Health makes a determination based upon written findings that violations of the Health and Safety Code, Chapter 6.5, Division 20, as amended from, and the regulations adopted pursuant to that law, Title 22 of the California Code of Regulations, Division 4.5, as amended, or violations of this chapter, presents an imminent hazard to or threatens the public health and safety or the environment, the Director of the Department of Environmental Health may immediately suspend the permit. In such instances, the Director of the Department of Environmental Health shall afford the permit holder an opportunity for an office hearing within 10 days following the action of suspension. The hearing shall be before at least one member of the Panel who is not a representative of the Department of Environmental Health.

B. Right to be Heard by Panel. A permit holder who makes use of the office hearing procedures may still pursue the hearing process before a panel established in Section 8.52.110 when the suspension continues in effect.

(Ord. 18 § 2, 2008, RCC § 8.60.100)

A. Members of the Review Panel. The Hazardous Materials Review Panel ("Panel") is established and shall be composed of three regular members and two alternate members, of which two of the regular members and the two alternate members shall be appointed by the City Council. The third regular member shall be a representative of the Director of the Department of Environmental Health. The member selected by the Director shall serve as chairperson of the Panel. The remainder of the membership shall consist of one regular member and one alternate member chosen from that portion of the academic community which has technical expertise in the management of hazardous waste and one regular member and one alternate member chosen from establishments which generate hazardous waste or store hazardous materials as defined by Section 25501(j) of the Health and Safety Code.

B. Purpose of the Review Panel. The purpose of the Panel shall be to hear and determine appeals from denials, proposed suspensions and revocations of permits and appeals from immediate suspension of permits applied for or issued pursuant to this chapter. The panel shall meet at such times and at such places as designated by the Director of the Department of Environmental Health and shall establish its own procedures not inconsistent with this chapter or any other law or regulation. No act of the Panel shall be valid or binding unless a majority of the members or their respective alternates who are present, concur therein.

C. Functions of the Panel. Appeals from the denial, immediate suspension, or the proposed suspension or revocation of permits issued pursuant to this chapter, shall be heard by the Panel, which may affirm, modify or reverse the denial, proposed denial, suspension or revocation, except that no suspension period shall exceed 90 days.

D. Evidence to be Received. In the notice of proposed action, the Department of Environmental Health shall set forth facts and the applicable statutes, regulations or provisions of this chapter which are alleged to have been violated. The appellant may appear in person or be represented by legal counsel. The appellant may present such evidence as desired and show cause why the application for a permit should be granted, reinstated, not be suspended, or revoked. In conducting the hearing, the Panel shall receive such information, evidence, and testimony as is relevant to the alleged violation, and the formal rules of evidence shall not apply.

E. Burden of Proof. The Department of Environmental Health has the burden of proof by the preponderance of the evidence to substantiate a cause for the denial, immediate suspension, proposed suspension or revocation as provided in Sections 8.52.080 and 8.52.100.

F. Record Keeping. Appeal hearings shall be tape-recorded and such recordings shall be the official records of such hearings and shall be retained in the custody of the Department of Environmental Health.

G. Panel Decisions. The Panel shall render its written decision, not later than 15 working days following the conclusion of the hearing and a copy of its decision including findings shall be personally delivered or mailed by the Department of Environmental Health, to the appellant by certified mail, postage prepaid, return receipt requested, not later than 10 days following the rendering of the decision.

H. Finality of Decisions. The decision of the Review Panel shall be final.

(Ord. 18 § 2, 2008, RCC § 8.60.110)

The generation, storage or handling of hazardous waste in violation of the provisions of this chapter is declared to be a public nuisance.

(Ord. 18 § 2, 2008, RCC § 8.60.120)

A. Infraction. Any person or business operator or owner who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished by: (1) a fine not to exceed $100.00 for a first violation of this chapter; (2) a fine not to exceed $200.00 for a second violation of this chapter within one year; (3) a fine not to exceed $500.00 for each additional violation of this chapter after a second violation within one year.

B. Misdemeanor. Notwithstanding the foregoing in subsection A of this section, a first and subsequent offense may be charged and prosecuted as a misdemeanor and upon conviction thereof shall be punished as provided by Penal Code, Section 19 as amended.

C. Separate Violations. Each day such violation is committed or permitted to continue shall constitute a separate offense.

D. Remedies and Penalties in Chapter 1.16. The additional remedies, penalties and procedures for violation of this chapter and for recovery of costs related to enforcement provided for in Chapter 1.16 are incorporated into this chapter by this reference.

E. Correction of Violations. Payment of any penalty established by this chapter shall not relieve a person from the responsibility of correcting any violation of this chapter, statute or regulation, nor shall it relieve a person from the payment of a late fee imposed under Chapter 3.44.

(Ord. 18 § 2, 2008, RCC § 8.60.130)