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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)
Applicants who are delinquent in filing the application and obtaining the required permit to operate or paying the annual fee shall be subject to payment of the original fee plus late fees. Delinquent fees will be specified in Section 65.105 of the County Code of Regulatory Ordinances. Failure to pay the annual fee shall automatically revoke the permit to operate. The imposition of or payment of the penalty 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. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7301 (N.S.), effective 6-11-87; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
It shall be unlawful for any person to violate any provision of this Chapter and such violations shall include violations of Chapter 6.7 and 6.75 of Division 20 of the California Health and Safety Code. Such violation shall be a misdemeanor and shall be subject to any of the penalties set forth in Section 68.1012.
(a) Each and every day a violation of this Chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each violation and punished accordingly.
(Amended by Ord. No. 7301 (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. 10927 (N.S.), effective 1-10-25)
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