In addition to the definitions incorporated by reference from the laws and regulations listed in Section
17-34.010(C), the following definitions shall apply to all CUPA program elements under this chapter:
"Business"
means the entities listed in
Health and Safety Code Sections
25501(d) and 25501.4(a), including cities and special districts. All
buildings, appurtenant structures, and surrounding land used by a
business are part of the business.
"Environment"
means navigable waters, waters of zones contiguous to any
navigable waters, streams, creeks, rivers, ponds, pools, lakes, surface
waters, ground waters, drinking water supplies, land surface, land
subsurface strata, and ambient air.
"Hazardous material" or "hazardous waste"
means any of the following:
(1)
Any material classified as a hazardous material or hazardous substance by any of the laws or regulations listed in Section
17-34.010(C);
(2)
Any waste classified as a hazardous waste by any of the laws or regulations listed in Section
17-34.010(C);
(3)
Any material or waste designated as hazardous for the purposes
of this chapter by the Fire Chief, upon a finding that the material
or waste, because of its quantity, concentration or physical or chemical
characteristics, poses a significant present or potential hazard to
human health and safety or to the environment, if released.
"Permitted"
means that a business has completed and submitted the necessary
permit forms and documentation, paid appropriate fees and is in reasonable
compliance with conditions of applicable program elements.
"Person"
means a natural person, any partnership, firm, trust, business,
company, limited liability company, corporation, any association,
whether or not incorporated and whether or not formed for profit,
and governmental entities. "Person" includes, but is not limited to,
the City of Santa Rosa and any other city, any special district, any
state and any department agency, instrumentality, or political subdivision
of the State, intergovernmental bodies and agencies, and the United
States and its agencies and instrumentalities, to the extent permitted
by law.
"Year"
means fiscal year beginning July 1st and ending June 30th.
(Ord. 3315 § 1, 1997)
The CUPA shall administer and enforce hazardous materials and hazardous waste laws and regulations pursuant to Section
17-34.010(C).
(Ord. 3315 § 1, 1997)
Any person intending to do or perform any of the following activities shall first apply for, pay appropriate fees to and obtain a permit from the CUPA, unless otherwise exempted by a provision of law or regulation listed in Section
17-34.010(C) or by Section
17-34.060(D):
(A) Store, handle or use hazardous materials, or generate hazardous wastes,
or operate underground tanks for storage of hazardous substances,
either separately or in combination;
(B) Treat hazardous waste on-site under either the permit-by-rule tier,
conditional authorized tier, or conditional exempt tier, unless such
tiered permitting authority is under the jurisdiction of the California
Department of Toxic Substances Control;
(C) Construct, install, repair, modify, upgrade, temporarily close, remove
or abandon in place any underground storage tank system or any part
of the system;
(D) Permanently remove a hazardous materials storage or use premises
from service;
(E) Permanently remove subsurface hazardous material contamination;
(F) Any other activity, use, storage, or operation as may be deemed appropriate
by the Fire Chief may be included as part of the consolidated CUPA
permit issued to a person or business.
For any of the activities identified in subsections (B), (C),
(D) or (E) of this section, installation plans, work plans and site
safety and health plans may be required by the CUPA to be submitted
for approval as part of the application for permit. A permit issued
for the activities identified in subsections (C), (D) or (E) of this
section shall be valid for six months from the date of issuance. For
any permit issued pursuant to subsection (F) of this section, the
date of expiration shall be determined by the CUPA at the time the
permit is issued.
(Ord. 3315 § 1, 1997)
A business that handles acutely hazardous materials (as defined
in
Health and Safety Code Section 25532(a)) in amounts specified in
Section 25536(a) of the
Health and Safety Code shall register with
the CUPA using a form provided by the CUPA. The completed acutely
hazardous materials registration form shall include, but not be limited
to, the information required by
Health and Safety Code Section 25533.
(Ord. 3315 § 1, 1997)
The disclosure of trade secrets, or confidential information
or information certified by an appropriate official of the United
States as necessary to be kept secret for national defense purposes
shall be governed by
Health and Safety Code Sections 25511 and 25538
and other applicable law.
(Ord. 3315 § 1, 1997)
The CUPA may make periodic inspections of persons or businesses
where hazardous materials and/or hazardous waste is generated, stored,
handled, disposed, treated or recycled, and may inspect aboveground
and underground storage tank systems and all persons or businesses
where the CUPA has reasonable cause to believe that hazardous materials
or hazardous waste is generated, stored, handled, disposed, treated,
or recycled. Inspections may be made without prior notice to the owner
or operator of such business.
(Ord. 3315 § 1, 1997)
The Council shall establish fees for CUPA permits and for reviewing
other CUPA activities and shall include the State surcharge in the
fees.
(Ord. 3315 § 1, 1997)
The CUPA is authorized to enforce all provisions of this chapter
and to inspect all activities which are regulated in this chapter
for the purpose of determining compliance with this chapter. No person
shall obstruct or interfere with the CUPA inspector in the performance
of these duties. The CUPA inspector may issue citations for violations
of this chapter.
(Ord. 3315 § 1, 1997)
This section is intended to implement the provisions of Health
and Safety Code Section 25514.6. The CUPA shall comply with the following
procedure in imposing an administrative civil penalty:
(A) The CUPA shall issue a written complaint to any person or business subject to an administrative civil penalty under Section
17-34.220. The complaint shall allege the acts or failures to act that are the basis for the administrative civil penalty and the proposed amount of the administrative civil penalty. The complaint shall be served on the person or business by personal service or certified mail, and shall inform the person or business being served that a hearing shall be conducted by no later than 60 days after service of the complaint, unless the business waives the right to a hearing on the proposed penalty. The business shall request a hearing by written notice to the CUPA within 10 days after the service of the complaint. The written request for hearing shall be served on the CUPA in person or by first class mail. Failure by any person or business to respond within 10 shall be deemed as a waiver of right to a hearing.
(B) If the person or business served with the complaint waives the right
to a hearing, the CUPA shall issue an order requiring the person or
business to pay the administrative civil penalty in the amount specified
in the complaint, unless the person or business and the CUPA have
entered into a settlement agreement, in which case the person or business
shall pay the amount specified in the settlement agreement.
(C) The hearing on the proposed administrative civil penalty shall be
heard by the Fire Chief or a Hearing Officer designated by the Fire
Chief.
(D) At the hearing, a representative of the CUPA shall set forth the
facts which justify the penalty, the applicable provisions of the
ordinance, State law, or CUPA orders or notices that have been violated,
and the factors relied upon by the CUPA in setting the amount of the
proposed penalty.
(E) The person or business may appear in person or by agent or legal
counsel and may present information relevant to the charges or the
proposed penalty.
(F) In conducting the hearing, the Hearing Officer shall receive information,
evidence, and testimony relevant to the alleged violation and the
penalty to be imposed. The formal rules of evidence shall not apply,
but evidence presented shall be of the type which responsible persons
are accustomed to rely on in the conduct of serious affairs.
(G) If the Hearing Officer determines that an administrative civil penalty
is justified, the Hearing Officer shall consider all of the relevant
circumstances in setting the amount of the penalty, including but
not limited to the extent of the harm or potential harm caused by
the violation, the nature of the violation(s) and the period of time
over which it occurred, the frequency of past violations, and the
corrective action, if any, taken by the person or business that holds
the permit.
(H) The Hearing Officer shall issue its decision in writing no later
than 30 days after the hearing. The written decision of the Hearing
Officer shall include findings which explain the basis for imposition
of the administrative civil penalty and the amount of the penalty
and an order for payment of the penalty within 30 days. Copies of
the order shall be served by personal service or certified mail upon
the person or business served with the complaint and upon any other
persons who appeared at the hearing and requested a copy.
(I) Within 30 days after service of a copy of the decision of the Hearing
Officer, the person or business may file with the Superior Court a
petition for a writ of mandate for review of the decision. If the
person or business fails to file the petition within this 30-day period,
it may not later challenge the reasonableness or validity of the Hearing
Officer's decision in any legal action brought by the CUPA to enforce
the decision, or any order, or to seek other legal remedies.
(J) All administrative civil penalties shall be paid within 30 days of
the issuance of the Hearing Officer's decision and order. The filing
of a writ of mandate shall not stay the accrual of administrative
civil penalties imposed by the Hearing Officer.
(K) This section shall supplement any other legal remedies and shall not preclude the CUPA from filing a civil or criminal action against the person or business to enforce the ordinance or any orders or notices issued by the CUPA or to assess administrative civil penalties. Notwithstanding the provisions of Chapter
1-20, the decision of the Hearing Officer is final and may not be appealed to the Council.
(Ord. 3315 § 1, 1997)
Mediation of disputes or peer review may be held pursuant to
procedures adopted by the CUPA.
(Ord. 3315 § 1, 1997)