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(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)
Except as provided in Section 25285.1 of the California Health and Safety Code, operating permit elements issued under Section 68.1003 of this Chapter shall be effective for five years from the date of issuance. Unified program facility permits shall be effective for one year from the date of issuance.
(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) Investigation (work without a permit). Whenever an underground storage tank system is installed, modified, removed or destroyed without first obtaining the required permit, a special investigation shall be made before a permit may be issued for such work.
b) Fee. Investigation Fee (work without a permit). An investigation fee, in addition to the permit fee, shall be submitted by the person required to have the permit to the Director whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or State law nor from any penalty prescribed by law.
c) Unauthorized Release. Whenever there is an unauthorized release of a hazardous substance from an underground storage tank system, the tank owner, tank operator, and/or property owner shall, as required by the Director, determine the extent of contamination, assess the risk to public health and the environment, and develop and implement remedial action programs to comply with provisions of this code and State laws.
d) Investigation Fee (unauthorized release). The person responsible for an unauthorized release shall submit fee to the Department for the staff time expended for consultation, investigation and remediation. The fee shall be paid at the rate specified in Section 65.107 of the County Code of Regulatory Ordinances.
e) Investigation Fees--Penalty for Delinquency. All investigation fees are due 30 days from the date of billing. The investigation fee, if unpaid, is thirty days delinquent thirty days after the date of billing. Thereafter a penalty shall be added thereto, which shall be collected at the time the fee is paid. Penalties are specified in Section 65.105 of the County Code of Regulatory Ordinances.
(Added 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. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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