Windsor Municipal Code Art. 4 Implementation

a. The Administrative Authority shall inspect every hazardous materials storage facility at least once annually unless covered by paragraphs b. and c. below. After an inspection, the Administrative Authority shall prepare a compliance report detailing the inspection and shall send a copy of the report to the permit holder.

b. If a storage facility consists solely of underground storage tanks, inspection shall occur at least every three (3) years to determine compliance with the design and construction standards of this chapter, whether the owner, operator or handler has monitored and tested the storage facility as required by the permit, and whether the premises are in safe operating condition.

c. Any facility using hazardous materials only for heating or cooking purposes shall be inspected once upon inclusion in the program and, thereafter, must submit an annual self-inspection form supplied by the Administrative Authority.

d. For premises consisting solely of underground storage tanks and not involving compliance with business plan requirements of this chapter, in addition to or instead of the inspections specified in paragraph a., the Administrative Authority may require the permit holder to employ, periodically, special inspectors to conduct an audit or assessment of the permit holder's facility to determine whether the facility complies with the factors specified in paragraph a. and to prepare a special inspection report with recommendations concerning the safe storage of hazardous materials at the facility. The special inspector shall be a qualified person or firm who shall demonstrate expertise to the satisfaction of the Administrative Authority. Recommendations shall be consistent with the provisions of the chapter, where appropriate. A copy of the report shall be filed with the Administrative Authority at the same time the inspector submits the report to the permit holder. Within thirty (30) days after receiving this report, the permit holder shall file with the Administrative Authority a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the Administrative Authority, why these recommendations should not be implemented.

a. The Administrative Authority or any duly authorized representative is authorized to enter any hazardous materials storage facility during reasonable working hours in order to carry out the purposes of this chapter and other laws relating to hazardous materials which the Administrative Authority or his/her representatives have the authority or duty to enforce.

b. The Administrative Authority or any duly authorized representative has access authority specified in Health and Safety Code Section 25185, 25185.5 and 25508.

a. Management plans and revisions shall be available for public inspection during normal working hours of the Administrative Authority EXCEPT those portions of the business plans specifying the precise location where hazardous materials are stored and handled, including any maps of the site that specifically locate hazardous materials. Public access to trade secrets are also governed by this section. The Administrative Authority shall transmit copies of the entire business plan or any information contained in the business plan to any requesting State or local agency.

b. "Trade secrets," as used in this chapter, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

c. The Administrative Authority may disclose trade secrets received pursuant to this chapter to authorized representatives of other governmental agencies only in connection with the Administrative Authority's responsibilities pursuant to this chapter. The Administrative Authority shall establish procedures to ensure that these trade secrets are utilized only in connection with these responsibilities and are not otherwise disseminated without the consent of the business which provided the information to the Administrative Authority. Notwithstanding the above, any relevant information may be used in administrative or judicial enforcement actions or proceedings involving the business, subject to State law.

d. Any business providing information pursuant to this chapter shall, at the time of its submission, identify all information which the business believes is a trade secret, and submit a legal justification for claiming trade secret status. The information submitted, whether for underground or aboveground storage, shall be as set forth for underground storage in the regulations of the Toxic Substances Control Department of the California Environmental Protection Agency (CAL EPA Toxics). Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law.

e. The Administrative Authority, pursuant to paragraph d. above, shall protect from disclosure any trade secret designated as such by the business. Disclosure to the public of trade secrets reported on an inventory form shall be permitted only as specified in Health and Safety Code Section 25511.

f. The submission of any information required under this chapter does not effect any other liability or responsibility of a business with regard to safeguarding the health and safety of an employee or any other person.