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(a) Every business, person, owner or operator required to have a unified program facility permit shall pay the applicable fees specified in Section 65.107 of this Code when applying for a new permit or registration, or for the renewal of an existing permit or registration.
(b) The Director may collect a fee that is based on the relevant facts observed during an inspection, notwithstanding any contrary data in CERS. The Director is not obliged to reduce CERS-based fees downward where a business has failed to update CERS data in time for data to be "accepted" prior to an annual invoice being calculated. It is the responsibility of the facility operator to keep information required to be reported in CERS up to date.
(Amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 6972 (N.S.), effective 7-18-85; amended by Ord. No. 7300 (N.S.), effective 6-11-87; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Any business, person, owner or operator who has a unified program facility and failed to obtain or apply for a Unified Program Facility Permit through CERS, or complete and submit a CERS application to the Department, shall be subject to a one-time non-notification fee as specified in Section 65.107 of this Code.
(Added by Ord. No. 9859 (N.S.), effective 6-15-07, operative 7-1-07; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Biotechnology and testing laboratory facilities subject to the Unified Program Facility Permit base fee, the hazardous waste fees or the hazardous materials fees in Section 65.107 of the County Code of Regulatory Ordinances may have these fees reduced by 25% if the facility meets performance standards as defined by the Department.
For the purposes of this section, biotechnology facilities include sites primarily engaged in the research, development or production of: diagnostic processes, analytical laboratory devices and instruments, medical and surgical instruments, medicinal chemicals, botanical products, pharmaceutical preparations, and biological products. Testing laboratories are laboratories where relatively small quantities of hazardous chemicals are handled. These sites are primarily engaged in: research, analysis, clinical testing, or product development, testing and/or quality control.
(Added by Ord. No. 9859 (N.S.), effective 6-15-07, operative 7-1-07; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Upon receipt of notification from the business, person, owner or operator through CERS that required information has been submitted, plus payment of the required fee, it shall be the duty of the Director to investigate the matters set forth in such notification and related submittals, and the unified program facility conditions in and about the place where it is proposed to conduct the activities subject to unified program requirements specified in the notification. If the Director determines that the statements contained in the notification are true, and that the facility complies with unified program facility requirements as set forth in this Code and State law, a unified program facility permit shall thereupon be granted. If the business, person, owner or operator of the facility required to obtain the unified facility program permit fails to pay appropriate fees associated with a unified program facility permit or upon inspection a facility fails to comply with requirements as set forth in this Code or State law, such unified program facility permit shall be denied.
(Amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
If the unified program facility permit is denied for failure to pay appropriate fees associated with a unified program permit, or if a facility fails to comply with requirements set forth in this Code or State law, or if a facility subject to the Small Quantity Medical Waste Registration Program fails to comply with the registration requirements, inspections shall continue to be performed to mitigate threats to public health and safety and the environment, and a re-inspection fee shall be due for each such inspection. Any notification and related submittals for a new or updated permit will be processed in accordance with Section 68.908.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10473, effective 7-1-17; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Any permittee who needs to add or delete a permit element or make any other modification to their unified program facility permit shall submit that information through CERS. Any fee adjustments applicable based on those updates will apply to the next annual fee invoice for the facility.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Unified program facilities that handle hazardous materials in quantities subject to the requirements of Chapter 6.95 of the California Health and Safety Code must comply with the certification requirements in State law. Provided required fees have been paid, the Director shall verify the completeness of the reported information. Information that is verified as complete and is accepted by the Department in CERS shall be treated as having been submitted when it was first posted by the business, person, owner, operator or designated representative. Information that is identified by the Department as "not accepted" in CERS shall be deemed submitted on the date that corrected information was submitted, provided that corrected information is verified as complete and is accepted by the Department in CERS.
(Amended by Ord. No. 7300 (N.S.), effective 6-11-87; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10065 (N.S.), effective 8-13-10; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Facilities that are subject to the Unified Program designated pursuant to Section 68.902(b) of this Code as being eligible as "notification-only low risk unified program facilities" shall submit an annual notification through CERS in lieu of a permit application and in lieu of any other CERS reporting for that facility only. This notification shall include an entry in the Facility Information element in CERS that the facility generates hazardous waste and a statement by the business certifying that the facility meets the conditions for "notification only" status established by the Director for the specific facility type.
(Added by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10606 (N.S.), effective 7-1-19; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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