*Note--Chapter 10, Underground Storage of Hazardous Substances, Sections 68.1001--68.1011, added by Ord. No. 6753 (N.S.), effective 5-10-84; title amended by Ord. No. 9293 (N.S.), effective 1-12-01; Chapter 10 amended by Ord. No. 10927 (N.S.), effective 1-10-25.
Cross reference(s)--Hazardous and medical wastes, § 68.505; additional locally-required information on hazardous compressed gases, carcinogens and reproductive toxins, § 68.1113; hazardous waste establishments (Certified Unified Program Agency), § 68.901 et seq.; hazardous materials inventory and response plans, § 68.1101 et seq.; medical wastes, § 68.1201 et seq.
It is the purpose of this Chapter to implement Chapters 6.7 and 6.75 of Division 20 of the California Health and Safety Code, which establish standards and procedures regarding underground storage tanks and a fund for underground storage tank cleanup, to establish a procedure for issuance of an underground storage tank operating element of a unified program facility permit for underground storage tanks, and to establish a procedure for enforcement of the requirements of this Chapter, in order to prevent and control unauthorized discharges of hazardous substances stored underground.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; 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. 10927 (N.S.), effective 1-10-25)
For the purposes of this chapter, the operating permit as defined in Chapter 6.7 of Division 20 of the California Health and Safety Code and Title 23 of Division 3 of the California Code of Regulations shall be known as the operating permit element of the unified program facility permit.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended 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)
For the purposes of this chapter, the underground storage tank installation, repair, replacement, modification, upgrade or closure permit shall be known as the underground storage tank installation, repair, replacement, modification, upgrade or closure element of the unified program facility permit.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Department is hereby designated pursuant to Section 25283 of the California Health and Safety Code as the agency responsible for implementation and enforcement of Chapters 6.7 and 6.75 of Division 20, California Health and Safety Code.
(Amended by Ord. No. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7428 (N.S.), effective 2-4-88; 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. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) No person shall own or operate an underground storage tank within the County of San Diego unless by authority of a valid, unexpired, unsuspended and unrevoked unified program facility permit containing an underground storage tank operating permit element for the unified program facility on which the tank is located, issued to the owner or operator pursuant to the provisions of this Chapter.
(b) Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit element has been issued shall have 30 days after the date of assumption of ownership to apply for an operations permit or, if accepting a transferred operating permit element, shall submit to the Director the completed form accepting the obligations of the transferred operating permit element. During the period from the date of application until the operating permit element is issued or refused, the person shall not be held to be in violation of this section.
(c) A person shall be deemed to operate an underground storage tank if the person in effect supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the facility for which a permit is required.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; 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. 9859 (N.S.), effective 6-15-07, operative 7-1-07; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Permit. No person shall install, repair, replace, modify, upgrade, close or remove an Underground Storage Tank (U.S.T.) within the County of San Diego, unless by authority of a valid, unexpired, unsuspended and unrevoked unified program facility permit containing a U.S.T. Installation, Repair, Replacement, Modification, Upgrade or Closure Element, respectively for such installation, repair, replacement, modification, upgrade, closure or removal, issued to the owner or operator pursuant to the provisions of this Chapter. For the purpose of this section, the underground storage tank includes connected piping and any associated monitoring systems. The U.S.T. Installation, Repair, Replacement, Modification, Upgrade, or Closure Element is valid for 180 days from the date of issue. Fees paid for plan check and inspections for the Element are not refundable after this 180-day period.
(b) Timing of Inspections. Each permit element issued shall specify a deadline for the owner or operator to make the facility available for inspection by the County in a condition that will allow the County to verify correct completion of the activities authorized by the permit. Failure or refusal of the owner or operator to make the facility available prior to this deadline shall constitute a violation of this Ordinance and shall be subject to the penalties set out in Division 8 of Title 1 of this code, for each day after the missed deadline. Such violations shall also be grounds for revocation of the Operating Permit Element.
If an Operating Permit Element is revoked, a new permit fee must be paid to reinstate that Element, so that the required inspection can be performed.
(c) Timing of Closure. An owner or operator of an underground storage tank must apply for a unified program facility permit containing a U.S.T. Closure Element, or, if the owner/ operator has a unified program facility permit, the owner/operator must apply to modify the permit to include a U.S.T. Closure Element to the permit within 90 days of ceasing operation of the underground storage tank. Activities authorized under the U.S.T. Closure Element shall be completed within 180 days of permit approval or modification. The Director may, in his/her discretion, extend the completion date one time, for up to 180 days.
(d) The expiration of the permit Element may be extended one time, for 180 days, with payment of the required Plan Extension Fee.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; 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. 9524 (N.S.), effective 1-10-03; amended by Ord. No. 9530 (N.S.), effective 3-14-03; amended by Ord. No. 9859 (N.S.), effective 6-15-07, operative 7-1-07; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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