Windsor Municipal Code Art. 3 Permits

a. An operational permit shall be required to store or handle hazardous materials in excess of the State limits as found in Chapter 6.95 of the California Health and Safety Code whether it is waste or non-waste in form, unless otherwise provided by law. This article does not apply to private households storing or handling reasonable household quantities of hazardous materials in consumer-sized containers for domestic use. An operational permit shall be required to store any quantity of a carcinogen, used for business purposes.

b. Application for operational permits required by this chapter shall be made by the owner, operator or handler on a standardized form provided by the Administrative Authority and shall be accompanied by the appropriate fee. The application form may include, but need not be limited to, the following information:

1. The name and address of the person who owns the storage facility and, if different, the name and address of the person who operates the storage facility.

2. The address of the premises at which the storage facility is located.

3. The name of the person making the application.

4. The name and twenty-four (24) hour phone number of the contact person in the event of an emergency involving the facility.

5. If the owner, operator or handler of the storage premises is a public agency, the application shall include the name of the supervisor of the division, section or office which operates the facility.

6. A signed statement by the applicant authorizing release of any analytical results, geotechnical data and site assessment information to the Administrative Authority as soon as it is available and at the same time it is provided to the applicant or his/her representative.

7. EPA identification number for hazardous wastes.

c. Operational permits issued pursuant to this chapter shall be valid for five (5) years. Facilities must submit updated information and fees annually to the administrative authority. The Administrative Authority may not issue or renew an operational permit unless the premises are inspected in accordance with Section 13-1-400 and determined to comply with this chapter.

d. Additional information may be required by the Administrative Authority for processing an operational permit application. Such information may include, but need not be limited to, the following:

1. A description of the construction of the underground storage tank(s) (as applicable).

2. A Hazardous Materials Inventory Statement (HMIS) as provided in Section 13-1-500.

3. A Hazardous Materials Business Plan (Business Plan) for all hazardous substances on the premises as provided in Section 13-1-510.

e. Operational permit applications shall be processed and returned to the applicant by the Administrative Authority within sixty (60) days after a completed application has been received.

f. Every operational permit application shall contain a signed statement, under penalty of perjury, by the applicant that the information contained therein is true and correct. If any permit is issued upon the basis of an application which contains false information, the permit shall be void and of no effect, regardless of whether the falsification is willful or negligent.

g. No person shall engage in any business activity which produces a hazardous waste unless such activity is either:

1. One for which a hazardous waste facility permit from the Toxic Substances Control Department of the California Environmental Protection Agency is required by Section 66490 of Title 22 of the California Code of Regulations; or

2. One for which a current Hazardous Waste Generator's Permit has been issued by the Administrative Authority pursuant to this Article. Beginning June 1, 1987, the Administrative Authority may require that each producer applying for a license provide documented evidence of a program to reduce the volume and toxicity of hazardous waste which will be produced.

a. An application for a Hazardous Waste Generator's Permit must be submitted to the Administrative Authority in the form and manner prescribed by the Administrative Authority. The Administrative Authority may require that the application include a demonstration, to the satisfaction of the Administrative Authority, that the activity or facility to which the application pertains will be conducted or operated in accordance with the applicable minimum standards and regulations. The Administrative Authority shall issue the permit upon receipt of a completed application and payment of the applicable fee adopted pursuant to Section 13-1-300.

b. Subject to the provision of Section 13-1-300, a Hazardous Waste Generator's Permit shall be valid for a period of five (5) years from the date of issuance; provided, however that if one (1) such permit has already been issued and is still current, the second permit to be issued shall be valid only for the period of time remaining on the first permit. The permit document shall identify the specific activity or facility permitted, the specific location or locations at which such activity or facility is to be conducted or operated, and the person or persons to whom the permit is issued. The permit shall be valid only for the identified activities or facilities conducted or operated at the identified locations by the identified persons.

c. The Administrative Authority shall notify the person to whom a Hazardous Waste Generator's Permit has been issued of any suspected failure to conduct the activity or operate the facility to which the permit pertains in accordance with applicable minimum standards and regulations. Such notices shall briefly describe the suspected failure, shall specify a time and place of a hearing at which such person will be afforded an opportunity to present evidence showing there has been no such failure, and shall state that failure to appear and present such evidence may result in revocation of the permit.

a. An application fee shall be paid to the Administrative Authority by each person who submits an application for any permit required by this chapter and for the renewal or amendment of any such permit. An annual fee shall be paid to the Administrative Authority by each person issued a permit pursuant to this chapter during the term of such permit. The Town Council shall establish the amounts at a level sufficient to pay the necessary and reasonable costs of services incurred in administering this chapter including, but not limited to, permitting and inspection responsibilities. Such costs may also include costs of services incurred in administering the requirements of Chapter 6.95 commencing with Section 25500 of Division 20 of the Health and Safety Code for area and business (or management) planning. The Board may provide for the waiver of fees when a public agency applies for a permit or for a renewal of a permit to operate.

b. The application and annual fee shall include a surcharge for underground storage tanks (as applicable) as determined by the Legislature to cover the costs of the State Water Resources Control Board.

c. There shall be added to and collected with any permit fee or other fee required by this chapter a penalty equal to ten (10%) percent of the fee for all fees that are delinquent for thirty (30) days. Foe each additional month or fraction thereof in which the delinquency continues, an additional ten (10%) percent penalty shall be collected. In no event shall the total penalty exceed one hundred (100%) percent of the permit fee. This penalty may be assessed in addition to any violation reinspection fee.

d. No refund or rebate of any permit fee or other fee required by this chapter shall be allowed by reason of the fact that the permit is denied or the permittee discontinues the activity or use of a facility prior to the expiration of the term of that permit or that the permit is suspended or revoked prior to the expiration of the term.

a. Except as provided in paragraph b. below, no person shall own or operate a hazardous materials storage facility unless a permit for its operation has been issued by the Administrative Authority. Any person who is to assume the ownership of a hazardous materials storage facility from the previous owner shall complete an approved form accepting the obligations of the permit and submit the completed form to the Administrative Authority within thirty (30) days after the ownership is transferred. The Administrative Authority may review and modify or terminate the transfer of the permit to operate the premises, pursuant to the criteria specified in this chapter and Subdivision (c) of Section 25284 of the Health and Safety Code, upon receiving the completed form.

b. Any person assuming ownership of hazardous materials storage facility for which a valid operating permit has been issued shall have thirty (30) days after the date of assumption of ownership to apply for an operating permit pursuant to this chapter or, if accepting a transferred permit, shall submit to the Administrative Authority the completed form accepting the obligations of the transferred permit as specified in paragraph a. above. During the period from the date of application until the permit is issued or refused, the person shall not be held in violation of this section.

a. A permit must be obtained from the Administrative Authority for installation, demolition, construction, modification or substantial repair of a hazardous materials storage facility.

b. Any person wishing to install, demolish, construct, modify or substantially repair a hazardous materials storage facility must submit a completed application form, two (2) sets of plan drawings, specifications, business plan and the appropriate plan check fee. For hazardous waste generator facilities that produce more than one thousand (1,000) kilograms per month, the application must include a proposed program to reduce the volume and toxicity of waste generated. The Administrative Authority shall review the submitted information for compliance with State law and regulations and this chapter. A field investigation may be required prior to approval. The Administrative Authority may require design submittals by a State of California registered professional attesting to, but not limited to, the following: structural soundness, seismic safety, compatibility or construction materials with contents, cathodic protection and mechanical compatibility with structural elements. Upon approval of plans and specifications, the Administrative Authority shall issue a permit to install, construct or modify, valid for one (1) calendar year from date of issue. The permit may be extended upon timely submission and approval of an extension request.

c. The Administrative Authority may perform such inspections which are necessary in the discretion of the Administrative Authority, to ensure compliance with this chapter or other applicable laws and regulations or to protect the public health or safety or the environment. These inspections may include, but are not limited to, inspection or installation of primary containment, secondary containment, all piping associated with underground tanks or monitoring systems.

d. An existing business plan must be reviewed and revised as necessary to comply with this chapter.

e. Any permit issued for activities which include construction, installation, modifications, demolition or repair of a facility must include evidence of Worker's Compensation Insurance or other compliance with Section 3800 of the California Labor Code.

Any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor, or has failed to apply for an operating permit or failed to register their underground storage tank(s) with the lead agency prior to March 1, 1986 shall, if subsequently permitted to obtain a permit, pay double the permit fee for such work; provided, however, that this provision shall not apply to emergency work in accordance with Section 13-1-350 when it shall be proved to the satisfaction of the lead agency that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work.

a. The testing of underground storage tanks shall require a precision testing permit. The application shall be made on forms provided by the Administrative Authority. The application may include, but not be limited to, the following:

1. Name, address and phone number of the tank owner or responsible party.

2. Business name and address of the tank site.

3. Type, normal content, number and size of tanks to be tested.

4. Type of testing to be carried out.

5. Name, address and phone number of contractor performing the test.

6. Documentation of formal training of person(s) performing the test.

7. Certificate of Insurance of evidence that Worker's Compensation Insurance is provided.

b. The final test results of each test shall be submitted to the Administrative Authority within three (3) days of completion.

c. If a leak equal to or exceeding zero point two (0.2) gallons per hour is detected and is not immediately repaired or terminated, the Administrative Authority shall be notified within twenty-four (24) hours of discovery.

No persons shall permanently remove a hazardous materials storage facility from service without first obtaining a permit to cease operation from the Administrative Authority (See Section 13-1-640). The owner shall provide a completed application, required fee and facilities closure plan, which includes, but may not be limited to, the age, type, location, substance(s) stored and the condition of the storage facility. The method of ceasing operation shall be in compliance with State law and regulations of this chapter. A field inspection of the ceasing procedure is required. Additional inspections may be required, depending on the condition of the storage system, whether soil or groundwater contamination is suspected and the method of destruction of any storage tanks. A ceasing operation permit shall be valid for no longer than one (1) year from the date of issue. A permit to cease operation shall not be renewed or reissued for more than one (1) year.

For the purposes of this section, hazardous materials storage facilities include tanks with capacities of one thousand one hundred (1,100) gallons or less which are located on farms and which store motor vehicle fuel used primarily for agricultural purposes and not for resale, as well as tanks located on farms or at personal residences which have capacities of one thousand one hundred (1,100) gallons or less and which store home hearing oil for consumptive use on the premises where stored, where a change of use occurs in any of the following: the tanks, the contents of the tanks or the land.

a. A temporary operational permit for storage of hazardous materials may be issued where storage does not exceed thirty (30) consecutive days and occurs no more frequently than once every six (6) months. The Administrative Authority may establish conditions for storage and require documentation of the temporary nature of storage. This section shall only apply to aboveground storage.

b. A business plan, satisfactory to the Administrative Authority, shall be required for a temporary permit approval.

Application for renewal or extension of an operational permit or extension of an installation, construction, modification, abandonment or provisional permit shall be made at least thirty (30) days prior to expiration of such permit. If a timely application and fee have been submitted, the permit shall remain in effect until the Administrative Authority has determined whether to grant, deny or modify such permit and any administrative appeal pursuant to this chapter has been exhausted.

The permittee may make emergency repairs to a facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain any actual or threatened disposal or release or to protect the integrity of the containment. However, within five (5) working days after such emergency repairs have been started, the permittee shall seek approval pursuant to Section 13-1-320 by submitting drawings or other information adequate to describe the repairs to the Administrative Authority. The repair of items that would normally be considered a part of ongoing maintenance do not need a permit, e.g., replacing a valve, coating a floor, sealing cracks, etc., even if done in response to an emergency situation.

Whenever the Administrative Authority finds that the suspension of a permit prior to a hearing for corrective action is necessary to protect the public health or safety from an immediate threat to public health or safety, the Administrative Authority may immediately suspend any permit. The Administrative Authority shall immediately notify the permittee or designated twenty-four (24) hour contact person of such suspension by any of the following methods:

a. Written notice of suspension mail certified, return receipt requested to the owner or operator of the facility and to the persons shown on the latest equalized County tax roll to be the owners of the real property on which the facility is located;

b. Personal delivery of written notice of suspension served upon an owner or operator of the facility;

c. Posting notice of suspension on the property and thereafter mailing a copy of the notice by first class mail, postage prepaid to the persons shown on the latest equalized County tax roll to be the owners of the real property. Service in this manner is deemed complete at the time of mailing.

Unless the Administrative Authority finds that a summary permit suspension is necessary to protect the public health or safety from immediate threat, the Administrative Authority shall issue a notice of noncompliance in conformance with the requirements of Section 13-1-630.

a. For failure to comply with provisions of this chapter or any conditions of the permit including payment of any fee required by this chapter or State law, or

b. Before instituting corrective action pursuant to this chapter.