This chapter shall be known as "Petroleum Storage in Aboveground Tanks."
(SCC 1438 § 1, 2009)
It is the purpose of this chapter to incorporate and implement Division 20, Chapter 6.67, of the California Health and Safety Code, which establishes standards and procedures regarding aboveground petroleum storage tanks. These standards and procedures include identifying tank facilities that are subject to regulation; requirements for tank owners or operators; regulatory inspection requirements; establishing a program permit fee; establishing standards and procedures for spill reporting; and establishing procedures for enforcement of the requirements of this chapter.
(SCC 1438 § 1, 2009)
Except as otherwise provided, the Director, or designee, is charged with the responsibility of administering this chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this chapter as he or she deems necessary to implement such purposed, intent, and express terms. No rules or regulations promulgated by the Director or amendments thereof shall be enforced or become effective until 30 calendar days following the date on which the proposed rules or regulations are filed with the Clerk of the Board of Supervisors.
(SCC 1438 § 1, 2009)
Except as expressly provided to the contrary, those terms referred and defined by Sections 25270 through 25270.13 of the California Health and Safety Code shall be ascribed the same meaning as used in this chapter.
A. 
"Aboveground storage tank" or "storage tank" means a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground.
B. 
"Business" means any entity as defined in subdivision (d) of Section 25501 of the Health and Safety Code.
C. 
"Board" means Board of Supervisors of Sacramento County.
D. 
"Certified Unified Program Agency (CUPA)" means the agency certified by the Secretary of the California Environmental Protection Agency to implement the unified program specified in Chapter 6.11 of the Health and Safety Code. The Environmental Management Department is the CUPA for both the incorporated and unincorporated areas of Sacramento County.
E. 
"Director" means the Director of the Environmental Management Department, or designee.
F. 
"Environmental Management Department" means the Sacramento County Environmental Management Department.
G. 
"Health and Safety Code" means Division 20 of the California Health and Safety Code.
H. 
"Hearing authority" means one or more persons assigned the responsibility of conducting a hearing and who are either:
1. 
County management personnel who the County Executive finds are qualified by training and experience to conduct such hearings; or
2. 
Administrative law judges assigned to the State of California Office of Administration Hearings.
I. 
"Operator" means the person responsible for the overall operation of a tank facility.
J. 
"Owner" means the person who owns the tank facility or part of the tank facility.
K. 
"Permitting authority" means the Sacramento County Board of Supervisors or its designee.
L. 
"Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, limited liability company, or association. "Person" also includes any city, county, district, the University of California, the California State University, the state, any department or agency thereof, and the United States, to the extent authorized by Federal law.
M. 
"Petroleum" means crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.
N. 
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, or disposing into the environment.
O. 
"Storage capacity" means the aggregate capacity of all aboveground storage tanks at a tank facility.
P. 
"Storage" or "store" means the containment, handling, or treatment of petroleum, for a period of time, including on a temporary basis.
Q. 
"Tank facility" means one or more aboveground storage tanks, including any piping that are integral to the tanks, that contain petroleum and that are used by a single business entity at a single location or site. A tank facility is subject to the provisions of Division 20, Chapter 6.67, of the California Health and Safety Code if the tank facility is subject to the oil prevention regulations specified in Part 112 of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations or the tank facility has a storage capacity of 1,320 gallons or more of petroleum. For purposes of this chapter, a pipe is integrally related to an aboveground storage tank if the pipe is connected to the tank and meets any of the following:
1. 
The pipe is within the dike or containment area;
2. 
The pipe is between the containment area and the first flange or valve outside the containment area;
3. 
The pipe is connected to the first flanges or valve on the exterior of the tank, if state or federal law does not require a containment areas.
(SCC 1438 § 1, 2009)
Except as otherwise expressly provided by this chapter, all requirements, limitations, and exemptions contained in Chapter 6.67 of the Health and Safety Code, and as it may be amended from time to time, are hereby incorporated herein by reference. The Environmental Management Department is hereby designated pursuant to Section 25283 of the Health and Safety Code as the agency responsible for implementation and enforcement of Chapter 6.67 of the Health and Safety Code.
(SCC 1438 § 1, 2009)
A. 
No person shall own or operate a tank facility, as defined in Section 6.35.020(Q) of this chapter, within the County of Sacramento, unless by authority of a valid, unexpired, unsuspended, and unrevoked unified program facility permit 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. 
Such operations permit is site, business, and owner specific and may not be transferred to other owners or locations. Any person assuming ownership of a tank facility, as defined in Section 6.35.020(Q) of this chapter, for which a valid operating permit has been previously issued shall have 30 days after the date of assumption of ownership to apply for a new operations permit. During the period from the date of application until the permit 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 a tank facility as described in this section 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.
D. 
This section does not obviate the requirement to obtain valid permits to Titles 16 and 17 of this code, or compliance with other applicable ordinances, including but not limited to the Sacramento County Zoning Code.
(SCC 1438 § 1, 2009)
All applications for any permit under this chapter, including applications for renewal or extension of permits, shall be filed annually with the Director.
(SCC 1438 § 1, 2009)
The permitting authority hereby designates the Director as its designee for issuance of permits. The Director shall act upon the permit application not later than 30 days after the date it is accepted as complete.
(SCC 1438 § 1, 2009)
A permit will not be issued, renewed, or extended if the Director, upon inspection of the tank facility, determines that it does not comply with this chapter or Chapter 6.67 of the Health and Safety Code. A permit may not be issued, renewed, or extended if the application has not paid the local fees and state surcharges assessed pursuant to Section 6.99 of Title 6 of this code and Section 6.35.080 of this chapter.
(SCC 1438 § 1, 2009)
A. 
Permits issued pursuant to this chapter shall be subject to such conditions as the Director determines are necessary to promote the purposes and objectives of Division 20, Chapter 6.67 of the Health and Safety Code and of this chapter.
B. 
Upon written request, each owner or operator of a storage tank at a tank facility subject to Chapter 6.67 of the Health and Safety Code must file a spill prevention control and countermeasure (SPCC) plan with the Director.
(SCC 1438 § 1, 2009)
The term of each permit issued pursuant to the provisions of this chapter shall be one year from the date on which the permit is issued.
(SCC 1438 § 1, 2009)
Any permit issued pursuant to this chapter may be revoked, modified, or suspended during its term, upon one or more of the following grounds:
A. 
Violation of any of the terms or conditions of the permit, including nonpayment of fees;
B. 
Obtaining the permit by misrepresentation or intentional failure to fully disclose all relevant facts;
C. 
A change in any condition that requires modification or termination of the operation of the aboveground tank facility; or
D. 
Violation of any provision of this chapter, including the state laws and regulations incorporated by reference in this chapter.
(SCC 1438 § 1, 2009)
The Director may revoke, modify, or suspend a permit by issuing a written notice stating the reasons therefor, and serving same together with a copy of the provisions of this chapter, upon the holder of the permit. The revocation, modification, or suspension shall become effective 15 days after service of the notice, unless the holder of the permit enters into a settlement agreement with the Director or appeals the notice in accordance with the provisions of Section 6.35.110.
(SCC 1438 § 1, 2009)
A business which operates or conducts an enterprise at more than one address or location shall apply for and comply with all requirements necessary to obtain a separate permit issued pursuant to this chapter for each location where an enterprise is maintained. Each place where a different street address is assigned to an enterprise shall be deemed to constitute prima facie separate location. With respect to an enterprise conducted at a single location whose operation involves the handling of different and multiplicity of types of hazardous materials in functions which are different from each other, or involves functions that are separated by significant physical distances, the Environmental Management Department may, in its discretion, require more than one permit and as many permits as it deems necessary and appropriate to effectively administer the provisions of this chapter.
(SCC 1438 § 1, 2009)
Fees associated with administering this chapter, including, but not limited to, inspections, enforcement, and administrative costs, will be established in calendar year 2010 and will be prescribed in Chapter 6.99 of this code.
(SCC 1438 § 1, 2009)
It is unlawful for any person to violate any provision of Chapter 6.67 (commencing with Section 25270) of the Health and Safety Code or this chapter. Each and every day a violation of Chapter 6.67 (commencing with Section 25270) of the Health and Safety Code or this chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation.
(SCC 1438 § 1, 2009)
A. 
Pursuant to Section 25404.1.1 of the Health and Safety Code, if the Director determines that a person has committed, or is committing, a violation of any law, regulation, permit, information requests, order, directive, variance, or other requirement that the Director is authorized to enforce or implement pursuant to this chapter, the Director may issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty as specified in Section 6.35.095 hereof.
B. 
By written policy, the Director shall adopt procedures for enforcing this chapter. Such procedures shall contain those elements required by, and shall be consistent with the provisions stated in Section 25404.1.1 of the Health and Safety Code, or any successor statute thereto. The administrative enforcement procedures adopted shall not be exclusive, but are cumulative with all other remedies available by law and under this chapter.
(SCC 1438 § 1, 2009)
For violations defined in Section 6.35.085 of this chapter, violators shall be subject to the applicable civil penalties provided in Section 25270.12 of the Health and Safety Code.
(SCC 1438 § 1, 2009)
When any person has engaged in, is engaged in, or threatens to engage in, any acts or practices which violate this chapter, or any resolution, rule, or regulation adopted pursuant to this chapter, the Office of the County Counsel for Sacramento County may apply to any court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance.
(SCC 1438 § 1, 2009)
A. 
The Director may issue a cease and desist order requiring the owner or operator of any facility, or any other person responsible for any violation of this chapter, to take any of the following actions:
1. 
Immediately discontinue any prohibited petroleum discharge;
2. 
Immediately discontinue any other violation of this chapter;
3. 
Satisfactorily remediate the area affected by the violation.
B. 
The Director may issue an administrative enforcement order, pursuant to Section 6.35.090 of this chapter, if it has been determined that an owner or operator has not complied with any or all provision(s) of any cease and desist order.
(SCC 1438 § 1, 2009)
A. 
Pursuant to Section 25404.1.1(d) of the Health and Safety Code, any person served with an order pursuant to this chapter who has been unable to resolve any violation with the Environmental Management Department may, within 15 days after service of the order, request a hearing by filing a notice of defense with the Director. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.
B. 
Should a person file a notice of defense within 15 days after service of the order, a hearing shall be granted and conducted in accordance with Section 25404.1.1(e) of the Health and Safety Code.
(SCC 1438 § 1, 2009)