Loading...
A unified program facility permit issued pursuant to this division shall expire on the last day of the month of the one year anniversary month in which the unified program facility permit was issued and shall be renewed annually by paying to the Department the required annual fee, which fee is due and payable each year. The annual fee, if unpaid, is thirty days delinquent on the first day of the second month after the month in which the permit expires.
The imposition of, or payment of the fee imposed by this section, shall not prevent the imposition of any other penalty prescribed by this Code, or any ordinance, or prosecution for violation of this Code, or any ordinance.
(Amended by Ord. No. 7300 (N.S.), effective 6-11-87; 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. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
As required by Section 25404.5 of the California Health and Safety Code, each business, person, owner or operator who notifies the Director through CERS to obtain or update ownership for a permit to operate an underground storage tank or to obtain or renew a unified program facility permit shall pay a surcharge in addition to the local permit fee. The amount of the surcharge shall be determined by the State in the manner prescribed in State law. (The State surcharge is not a County fee and State surcharge revenues are not retained by the County.)
(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. 10733 (N.S.), effective 7-1-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director or a designee of the Director may order that the unified program facility permit or permit element of an establishment be denied, suspended or revoked whenever it appears to him, by reason of either complaint or Department investigation, that the permit should not be granted pursuant to Section 68.908 or 68.908.1 or that permittee, their employee, servant or agent, or any person acting with their consent or under their authority, has or may have violated any provision of this division or any relevant requirement established or provided by law.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) A suspension or revocation of a Unified Program facility permit or permit element, and any administrative enforcement order issued pursuant to Section 25404.1 of the California Health and Safety Code, may be appealed as provided in applicable state laws and regulations.
(b) If applicable state laws and regulations do not specify appeals procedures for an action by the Director related to a Unified Program facility, appeals may be made as provided in Section 61.109 and of this code.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The suspension, expiration or forfeiture by operation of law of a unified program facility permit, or its suspension, forfeiture or cancellation by the Department or by order of a court, or its surrender or attempted or actual transfer without written consent of the Department shall not affect the authority of the Department to institute or continue a disciplinary proceeding against the holder of a unified program facility permit upon any ground, or otherwise taking an action against the holder of a unified program facility permit on these grounds.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) To the extent authorized by the State Department of Toxic Substances Control, the Department, in its capacity as a Certified Unified Program Agency, shall oversee site screening, site investigation and corrective measures required at sites in the County that are subject to the state Hazardous Waste Control Law and are within the regulatory jurisdiction of the County as a Certified Unified Program Agency.
(b) Definitions. For purposes of this section, the following definitions apply:
"Corrective action" means those activities taken to evaluate, investigate, remove, remediate, prevent, minimize or mitigate a release or threatened release of hazardous waste or constituents, as necessary to protect the public health or the environment. The term "corrective action" includes site screening, site investigation and corrective measures.
"Site screening" means those activities that are performed to determine whether current or past hazardous waste management practices at the site have resulted in a release or threatened release of hazardous waste or constituents that poses a threat to the public health or the environment.
"Site investigation" means those activities that are performed to determine the nature and extent of releases of hazardous waste or constituents at the site, identify and assess the risks to the public health or the environment posed by the release, and gather all necessary data on possible corrective measures.
"Corrective measures" means those activities that are performed to remove, remediate, prevent, minimize or mitigate a release of hazardous waste or constituents at the site.
(c) Authority. The Department may require corrective action at a site whenever the Department determines that there is or may be a release of hazardous waste or constituents into the environment at or from a site.
(d) The responsible party or the person requesting oversight shall make deposits and reimburse the Department for its oversight costs as set out in Section 65.107(k)( 21) of this code.
(e) This section does not limit the Department's authority to oversee site investigations or remedial actions pursuant to Chapter 6.65 of Division 20 of the Health and Safety Code, Sections 33459 to 33459.8 of the Health and Safety Code, or Sections 101480 to 101490 of the Health and Safety Code, to the extent applicable.
(Added by Ord. No. 10317 (N.S.), effective 2-7-14; amended by Ord. No. 10473, effective 7-1-17; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)