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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)
(Amended by Ord. No. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7301 (N.S.), effective 6-11-87; 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. 10065 (N.S.), effective 8-13-10; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A unified program facility permit containing an underground storage tank installation, repair, replacement, modification, upgrade, or closure element will not be issued, renewed, or extended if the Director, upon inspection of the underground storage tank, determines that it does not comply with the requirements of State law or the requirements of this Chapter. An underground storage tank permit may not be issued, renewed, or extended if the applicant has not paid the local fees and state surcharges assessed pursuant to Division 5 of Title 6 of this Code.
(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)
Unified Program facility permits containing underground storage tank installation, repair, replacement, modification, upgrade or closure elements issued pursuant to this Chapter shall be subject to conditions imposed as the Director determines are necessary to promote the purposes and objectives of Chapter 6.7 and 6.75 of Division 20, California Health and Safety Code and of this Chapter.
(Amended by Ord. No. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7301 (N.S.), effective 6-11-87; 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)
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