For the purpose of this article, unless the provisions or context indicate otherwise, the terms and words used herein shall have the meanings as set forth in the Underground Storage of Hazardous Substances Law commencing with Section 25281 of the Health and Safety Code of California with the exception of the following:
"Department"
means Placer County health department, division of environmental health.
"Director"
means the director of the division of environmental health.
"Site mitigation"
means any activity necessary to remedy the effects of an unauthorized release of a hazardous substance or substances.
(Prior code § 8.700)
The purpose of this article is to adopt and implement the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code and any amendments thereto and to provide for the collection of fees necessary to pay the county's costs incurred in administering said chapter. The authority for this article includes said chapter and the provisions of Section 510 of the Health and Safety Code. The provisions of this article shall apply to all of Placer County, including cities therein, excepting only those cities which have assumed responsibility for the implementation of such chapter by ordinance enacted pursuant to Section 25283 of the Health and Safety Code.
(Prior code § 8.701)
Pursuant to Section 25283, California Health and Safety Code, the department is designated as the local agency responsible for administering and enforcing this article. The department may create regulations regarding this article.
(Prior code § 8.702)
Except as otherwise provided in this article, no person shall construct, install, modify, operate, abandon or close an underground storage tank unless an appropriate permit has been issued by the department upon proper application and payment of fees as specified in Section 2.116.110 of this code. An individual permit must be obtained for each such underground storage tank located at a particular facility, except that pursuant to Section 25284(d) of the California Health and Safety Code, the department may, when in its judgment it is appropriate to do so, issue a single permit to a person for a combination of underground storage tanks at a particular facility.
(Prior code § 8.703; Ord. 5741-B § 14, 2014)
A. 
Any person proposing to construct, install, or modify an underground storage tank or tanks shall apply for a permit to do so. Application for a permit to construct, install, or modify an underground storage tank or tanks shall be made to the department on a form prepared and provided by the department. Each such application shall be accompanied by the appropriate fee.
B. 
Any person applying for a permit to construct, install, or modify an underground storage tank shall submit complete plans and specifications to the department prior to beginning work. The department shall review the plans for such construction, installation, or modification, to determine their compliance with applicable laws, regulations, and this article. The plans shall be approved or rejected within 20 working days after receipt by the department and the applicant shall be notified of the decision. Upon approval of such plans, the department shall issue a permit to construct, install, or modify the underground storage tank or tanks, which permit shall be valid for a period of one year.
C. 
The local building department shall not issue a permit to build until after it has received plan approval by the department.
D. 
Upon completion of the construction, installation or modification of an underground storage tank or tanks, the permittee shall, prior to operation of said tank or tanks, give notice of such completion, in writing, to the department. Within a reasonable time following the receipt of such notice, the department shall inspect such underground storage tank or tanks, and if approved by the department, the department shall issue a permit or permits to operate such underground storage tank or tanks. No underground storage tank or tanks shall be placed in operation without prior issuance of a valid, unrevoked permit to operate from the department. The director of the department shall not issue a permit to any person proposing to construct, install, modify, operate, abandon, or close an underground storage tank unless it has been determined that said proposal complies with all applicable state and county laws and regulations. Notwithstanding any other provisions of this section, the health department shall not be required to issue any permit if, in the opinion of the director, such approval would result in a public health hazard or would be detrimental to the health, safety or welfare of the residents of the area.
(Prior code § 8.704)
No person shall own or operate an underground storage tank unless a valid permit for its operation has been issued by the department to the owner. The owner may apply for a permit to operate on a form prepared and provided by the department. Permits to operate shall be valid until June 30th after the date of issuance.
(Prior code § 8.705)
A. 
Any person proposing to abandon or close an underground storage tank or facility shall apply for a permit to abandon or close, temporarily or permanently, an underground storage tank or tanks; application shall be made to the department by the owner on a form prepared and provided by the department.
B. 
The permit to abandon or close an underground storage tank or tanks shall be issued by the department upon approval of the proposed method of abandonment, closure, destruction or removal.
(Prior code § 8.706)
If an inspection required by Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code, or by any regulations adopted pursuant thereto, or as a condition of any permit issued thereunder or under the provisions of this article is canceled at the request of the owner or operator of the facility or underground storage tank to be inspected, or if the facility or underground storage tank does not pass such an inspection and a follow-up inspection must be performed, the owner and the operator of the facility or underground storage tank shall be jointly and separately liable for a fee to be paid to the department in an amount which shall be no less than two hours at the hourly rate established in Section 2.116.110 for miscellaneous functions.
(Prior code § 8.708; Ord. 5741-B § 15, 2014)
Any person responsible for storing hazardous substances shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual. The department shall undertake actions to remedy the effects of such unauthorized release.
(Prior code § 8.709)
A. 
In the event of any unauthorized release from an underground storage tank subject to the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code, the owner and the operator of such underground storage tank shall submit for department approval a plan for cleanup and site mitigation of the area within seven days of discovery of said release unless this time frame is waived by the department. Cleanup shall be instituted as per the approved plan, and the owner and the operator shall be jointly and separately liable for a fee to be paid to the department in an amount equivalent to the number of hours of the department's involvement in investigation, evaluation, and site mitigation of said release, times the miscellaneous rate established in Section 2.116.110.
B. 
The owner and the operator shall be required to pay a preliminary fee equivalent in an amount established in Section 2.116.110 upon submittal of a plan to mitigate the release. Any additional costs shall be billed to the owner/operator. Any money collected in excess of the actual cost to the department shall be refunded to the owner/operator.
(Prior code § 8.710; Ord. 5741-B § 16, 2014)
A. 
If the person responsible for storing hazardous substances shall fail to take appropriate action regarding abandonment of underground storage tanks, unauthorized release of hazardous substance, or site mitigation activities as specified in this article within the time provided, the county shall have the right to undertake removal of such accumulation at the sole cost and expense of the owner, lessee, or occupant of such lot and the cost thereto shall be a lien upon the lot and may be foreclosed by appropriate action in the superior court of the state of California in and for the county of Placer. Such judgment of foreclosure shall, in addition to costs of abatement, include court costs and a reasonable attorney's fee to be fixed by the court.
B. 
Collection on Tax Roll.
1. 
As an additional and alternative remedy, the board of supervisors may declare such cost of abatement to be a special assessment on the property. Such special assessment shall be collected in the same manner as county taxes, and shall be subject to the same penalties and the same procedure for sale in case of delinquency as provided for ordinary county taxes.
2. 
A copy of the notice of work done which constitutes a lien against the property shall be recorded in the Placer County recorder's office.
C. 
Alternate Civil Remedy. As an additional and alternate civil remedy, if such person shall fail to take appropriate action within the time provided, the county counsel, upon order of the board of supervisors, shall bring action in the name of the county of Placer in the superior court under the provisions of California Code of Civil Procedure, Section 525 et seq., to enjoin violations of this article.
(Prior code § 8.711; Ord. 5006-B, 1999)