Note: Prior ordinance history: SCC 879, 709, 540.
This chapter shall be known as "Hazardous Materials Business
Plans and the California Accidental Release Prevention Program."
(SCC 1286 § 2, 2004)
It is the purpose of this chapter to incorporate and implement
Division 20, Chapters 6.95 and 6.11 of the California Health and Safety
Code, which establishes standards and procedures regarding the reporting
of the location, type, quantity, and health risks of hazardous materials
handled, used, stored or disposed of within the unincorporated area
of Sacramento County, and within the incorporated territory of each
municipality within Sacramento County. Chapter 6.95 of the California
Health and Safety Code also establishes the authority for the regulation
and permitting of facilities engaged in such activities. It is also
the purpose of this chapter to establish the procedures for the enforcement
of these laws.
(SCC 1286 § 2, 2004)
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 1286 § 2, 2004)
Except as expressly provided to the contrary, those terms referred
to and defined by Sections 25501 through 25501.4 of the California
Health and Safety Code shall be ascribed the same meaning as used
in this chapter.
A.
"Board"
means the Board of Supervisors of the County.
B.
"Business"
means an entity as defined in subdivision (d) of Section 25501 and
in Section 25501.4 of the Health and Safety Code.
C.
"Certified
Unified Program Agency (CUPA)" means the Agency certified by the Secretary
to implement the unified program specified in Chapter 6.11 of the
California Health and Safety Code. The Environmental Management Department
is the CUPA for both the incorporated and unincorporated areas of
Sacramento County.
D.
"County"
means the County of Sacramento.
E.
"Department"
means the Sacramento County Environmental Management Department.
F.
"Director"
means the Director of the Sacramento County Environmental Management
Department or designee.
G.
"Health
and Safety Code" means Division 20 of the California Health and Safety
Code.
H.
"Operator"
means any person in control of, or having daily responsibility for,
the daily operation that results in the storage and/or manages hazardous
materials.
I.
"Owner"
means the owner of a facility that stores and/or manages hazardous
materials.
J.
"Permitting
Authority" means the Sacramento County Board of Supervisors or designee.
K.
"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 State, Federal government, or any department or agency
thereof.
L.
"Secretary"
means the Secretary of the California Environmental Protection Agency.
(SCC 1286 § 2, 2004; SCC
1618 § 81, 2018)
Except as otherwise expressly provided by this chapter, all
requirements, limitations, and exemptions contained in Article 1 (commencing
with Section 25501) and Article 2 (commencing with Section 25531)
of Chapter 6.95 of the Health and Safety Code as under this chapter,
are hereby incorporated herein by reference. The Environmental Management
Department, as a CUPA, is hereby designated pursuant to subdivision
(a)(1)(C) of Section 25404 of the Health and Safety Code as the agency
responsible for implementation and enforcement of Chapter 6.95 (commencing
with Section 25500), and the regulations adopted pursuant thereto.
(SCC 1286 § 2, 2004)
a.
Except as provided for in Sections 6.96.095, 6.96.100, and 6.96.105 of this chapter, no person shall own or operate a business within the County of Sacramento that stores or manages hazardous materials in quantities that are in excess of threshold levels stipulated in Section 25503.5 of the Health and Safety Code unless by authority of a valid, unexpired, unsuspended and not revoked permit for such ownership or operation 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 business as described in this section 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 business 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.
(SCC 1286 § 2, 2004)
All applications for a permit under this chapter, including
applications for renewal or extension of permits, shall be filed with
the Director.
(SCC 1286 § 2, 2004)
Application for a permit under this chapter, including application
for renewal or extension of a permit, shall be filed on a form or
forms provided by and containing such information as prescribed by
the Director.
(SCC 1286 § 2, 2004)
The Permitting Authority hereby designates the Director as its
designee for issuance of permits. The Director shall act upon the
application not later than 30 days after the date it is accepted as
complete unless the applicant has filed with the Director written
notice of a request, and received written approval for, an extension
of time within which action on the application is to be taken on the
grounds that additional time is required to prepare or present plans
or other information, obtain zoning variances or other permits, or
make other corrections remedying inconsistencies with the provisions
of this chapter.
(SCC 1286 § 2, 2004)
A permit will not be issued, renewed, or extended if the Director, upon inspection of the business or facility, determines that it does not comply with the provisions of Article 1 (commencing with Section 25501) and Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health and Safety Code and of this chapter. A permit may not be issued, renewed, or extended if the application has not paid the local fees, state surcharges or any other charges assessed pursuant to Chapter 6.99 of Title 6 of this Code and Section 6.96.090 of this chapter.
(SCC 1286 § 2, 2004)
Permits issued pursuant to this chapter shall be subject to
such conditions as the Department determines are necessary to comply
with the provisions of Article 1 (commencing with Section 25501) and
Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health
and Safety Code and of this chapter.
(SCC 1286 § 2, 2004; SCC
1618 § 82, 2018)
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 1286 § 2, 2004)
Any permit issued pursuant to this chapter may be revoked, modified
or suspended by the Director 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 results in or requires modification or termination
of the operation of the facility; or
d.
Violation
of any provision of this chapter, including the State laws and regulations
incorporated by reference in this chapter.
(SCC 1286 § 2, 2004)
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 6.96.140 of this chapter.
(SCC 1286 § 2, 2004)
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 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 1286 § 2, 2004; SCC
1618 § 83, 2018)
Following the filing of a completed application, the Administering
Agency shall conduct an on-site inspection of the applicant.
(SCC 1286 § 2, 2004)
The Hazardous Material Disclosure Permit shall be issued not
later than 30 calendar days following the date on which a completed
application therefor is filed.
An application shall not be deemed complete within the meaning of this chapter until the date on which all information required by Section 6.96.065 and the Act has been provided, the Applicant has corrected any deficiencies in its submitted Business Plan as imposed by Section 25505(a) of the Act, and all fees prescribed pursuant to Section 6.96.070 have been paid.
(SCC 1286 § 2, 2004)
Fees for the Permits and other regulatory functions associated with this chapter are prescribed by Chapter 6.99 of Title 6 of this Code.
(SCC 1286 § 2, 2004)
A.
Pursuant
to notice and public hearing given in connection with the enactment
of this chapter, the Department, under subdivision (c)(3) of Section
25503.5 of Chapter 6.95 of the Health and Safety Code, has found that
the following substances would not pose a present or potential danger
to the environment or to human health and safety if released into
the environment. Therefore, the following hazardous materials warrant
exemption from the inventory provisions of this chapter and also the
inventory provisions in Chapter 6.95 of the Health and Safety Code:
B.
Pursuant
to notice and public hearing given in connection with the enactment
of this chapter, the Department, under subdivision (c)(3) of Section
25503.5 of the Health and Safety Code, has found that the following
hazardous materials, under stated circumstances, would not pose a
present or potential danger to the environment or to human health
and safety if released into the environment. Therefore, the following
hazardous materials warrant exemption from the inventory provisions
of this chapter and also the inventory provisions in Chapter 6.95
of the Health and Safety Code.
1.
Carbon
dioxide gas used for carbonation of beverages and stored in quantities
of not more than 6,000 cubic feet at standard temperature and pressure.
2.
Common
refrigerants (with the exception of ammonia) used in closed loop refrigeration
systems located in grocery stores, mini-mart, and convenience stores
and stored in quantities of 200 cubic feet or more at standard temperature
and pressure.
3.
Common
refrigerants (with the exception of ammonia) used with vapor compression
chillers located in large buildings, warehouses, and hospitals and
stored in quantities of 200 cubic feet or more at standard temperature
and pressure.
4.
Dielectric
oils, or other transformer fluids used for transformers in quantities
of 55 gallons or more.
5.
Halon
gas used for fire suppression systems and stored in quantities of
200 cubic feet or more at standard temperature and pressure.
6.
Hazardous
materials at temporary construction job sites stored no more than
90 days and in quantities of 55 gallons or more for liquid, 500 pounds
or more for solid and 200 cubic feet or more for compressed gas at
standard temperature and pressure.
7.
Helium
gas used for inflation of balloons and stored in quantities of not
more than 1,000 cubic feet at standard temperature and pressure.
8.
Hydraulic
lift tanks holding hydraulic fluid of 55 gallons or more for a closed
loop mechanical system that uses hydraulic fluid to operate lifts,
elevators, and other hydraulic-powered equipment.
(SCC 1286 § 2, 2004; SCC
1444 § 2, 2009; SCC 1618 § 84,
2018)
Pursuant to subdivision (c)(3) of Section 25503.5 of the Health
and Safety Code, a business may, upon application to the Director,
request to be exempted from any portion of this chapter.
(SCC 1286 § 2, 2004)
It is unlawful for any person to violate any provision of Article
1 (commencing with Section 25501) and Article 2 (commencing with Section
25531) of Chapter 6.95 of the California Health and Safety Code and
of this chapter. Each and every day a violation of Article 1 (commencing
with Section 25501) and Article 2 (commencing with Section 25531)
of Chapter 6.95 of the Health and Safety Code and 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 such violation and punished accordingly.
(SCC 1286 § 2, 2004)
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 request, order, 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 6.96.120 hereof.
b.
By written
policy, the Director shall adopt procedures for implementing administrative
enforcement actions. Such procedures shall contain those elements
required by, and shall be consistent with the provisions of 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 1286 § 2, 2004)
Criminal, civil, and administrative penalties as specified in Article 1 (commencing with Section 25501) and Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health and Safety Code apply to violations defined by Section 6.96.110 of this chapter.
(SCC 1286 § 2, 2004)
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 1287 § 2, 2004)
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:
(SCC 1287 § 2, 2004)
Whenever the term "Hearing Authority" is utilized in this chapter,
it shall be deemed to refer to one or more persons listed who is assigned
the responsibility of conducting a hearing.
a.
County
management personnel whom the County Executive finds are qualified
by training and experience to conduct such hearings;
b.
Any
person or persons, qualified by training or experience, who the County
Executive may employ or who are retained by contract to conduct such
hearings; or
c.
Administrative
law judges assigned to the State of California Office of Administrative
Hearings.
|
The County Executive is hereby authorized to contract in the
name of the County for the retention of hearing services at rates
which do not exceed financial limitations established by the County's
annual budget.
|
(SCC 1287 § 2, 2004)
In connection to regulatory services by the County Director under Chapter 6.9.1 of the Health and Safety Code, a fee shall be payable in the amount established pursuant to Section 6.99.065.
(SCC 1329 § 1, 2006)
Pursuant to subdivisions (d) through (h) of Section 25404.1.1
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 Director, 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.
(SCC 1287 § 2, 2004)
