This chapter applies to all businesses which produce a hazardous waste.
(Ord. 02-01 § 1)
It is the intent of this chapter to insure that hazardous waste producers are in compliance with the State Statutes and the Minimum Standards and Regulations.
(Ord. 02-01 § 1)
The following terms wherever used in this chapter shall have the meanings hereafter set forth unless the context requires a different meaning:
means the conduct of activity and is not limited to a commercial or proprietary activity.
means the Fire Chief or City’s duly authorized representative.
means any waste, or combination of waste which are regulated or defined by Federal or State Statutes and Regulations and the Minimum Standards and Regulations.
means, for the purposes of administering, enforcing and implementing the powers, duties and functions that are vested in the “Health Officer,” as designated by the City.
mean the provisions of Title 22, Division 4, Chapter 30 of the California Administrative Code.
means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, or association. “Person” also includes any governmental agency to the extent authorized by law.
means any person who produces or generates hazardous waste.
mean the provisions of the California Health, Division 20, Chapter 6.5.
(Ord. 02-01 § 1; Ord. 12-02 § 10)
Every person as owner, lessee, agent, or otherwise who operates, carries on or engages in any business which produces a hazardous waste or hazardous wastes shall possess a “hazardous waste generator permit” issued by the Health Officer.
(Ord. 02-01 § 1)
A.
Every person carrying on or conducting a business which generates a hazardous waste or hazardous wastes shall make a written application to, and upon forms furnished by, the Health Officer. Such application shall be made under penalty of perjury and state the name and address of the applicant, the address at which such business is proposed to be carried on, a brief description of the business or waste producing process, and a description of the types and quantities of hazardous waste or wastes produced including chemical composition, physical states, the volume or amounts generated, and the method or proposed method of handling, transporting, storing, treating and disposal of the waste or wastes.
B.
All persons engaging in existing businesses covered by the requirements of this chapter shall submit an application in accordance with this chapter. If said application is not received within 90 days, the business is in violation of the City Code and subject to enforcement action.
(Ord. 02-01 § 1)
A.
The Health Officer shall make or cause to be made an investigation of said applicant and the proposed place of business, and the manner in which the hazardous waste or wastes are produced, handled, transported, stored, treated and disposed of. If the Health Officer finds that all provisions of this chapter, and of the Federal and State Statutes and Regulations and of the Minimum Standards and Regulations have been and will be complied with, he or she shall issue such permit; otherwise the Health Officer shall order the applicant to bring the operation into compliance with all requirements within a period of time established by the Health Officer. Upon failure to comply, the application shall be denied.
B.
Such permits shall be good for one year from date of issuance, and shall be annually renewed in the same manner as that provided for the securing of a new permit; provided, however, that no application fee shall be charged for a renewal of any permit. Such permits shall be nontransferable and nonassignable. Every business covered by the requirements of this chapter existing prior to the effective date of this chapter shall apply for a hazardous waste generator permit in the manner required by this title.
C.
It shall not be necessary for the Health Officer to investigate the applicant of a business prior to issuance of the permit. Existing businesses are required to comply with the provisions of this chapter and the provisions of the State Statutes and of the Minimum Standards and Regulations.
(Ord. 02-01 § 1)
Whenever the Health Officer shall determine from an investigation, examination or inspection of any business covered by the requirements of this chapter, that the holder of any permit issued under the provisions of this chapter has violated any of the provisions of this chapter, or any provisions of the State Statutes, or any provisions of the Minimum Standards and Regulations regarding the production, handling, transportation, storage, treatment or disposal of hazardous wastes, and has not complied with the orders of the Health Officer to provide corrections, he or she may serve a written notice upon such permittee to appear before the Director to show cause why such permit shall not be revoked. Such notice shall contain a brief statement of the alleged violation, and the time and place of the hearing, which shall be held within 10 days after the receipt of the notice. The permittee may appear in person or with counsel and present such evidence as he or she may desire regarding the alleged violation and show cause why the permit shall not be revoked. The Director shall receive such information, evidence and testimony as may concern the circumstances of the alleged violation, and the formal rules of evidence shall not apply. If the Director shall determine that any of the provisions of this chapter, or any of the provisions of the State Statutes, or any of the provisions of the Minimum Standards and Regulations have been or are being violated, he or she may revoke or temporarily suspend such permit, until such time as the act, default or omission has been remedied.
(Ord. 02-01 § 1)
A.
Any permit issued pursuant to this chapter may be summarily suspended by the Director for cause. Cause shall be any violation of this chapter, or any violation of the provisions of the State Statutes or of the Minimum Standards and Regulations which, in the opinion of the Director, poses an imminent hazard to, or threatens the public health and safety, or the environment. Reinstatement of said permit shall not be effected unless the act, default or omission which was the grounds for summary suspension shall have been remedied prior to the time or reinstatement.
B.
The holder of any permit so summarily suspended pursuant to this section shall have the right to file a written request to the Director requesting a hearing to be held within 10 days after the effective date of such suspension. The hearing shall be held as set forth in this title and the Director shall determine whether or not cause exists, for such suspension. If the Director should so determine that cause exists for such suspension he or she may suspend such permit until such time as the act, default or omission has been remedied.
(Ord. 02-01 § 1)
The following are exempted from the requirements of this chapter:
A.
Any business which produces a hazardous waste and receives a nonhazardous classification for that waste pursuant to Section 66305 of the Minimum Standards and Regulations.
B.
Any business which does not normally produce a hazardous waste, but must dispose of a hazardous waste caused by the occasional accidental discharge or accidental spillage of a hazardous material onto the land. For the purposes of this section, “occasional” means not more than one time in any calendar quarter.
(Ord. 02-01 § 1)
The Health Officer may grant variances to the permit and fee provisions of this chapter only if the waste produced is insignificant as a potential hazard to humans, domestic livestock or wildlife due to its small quantity, low concentration and/or its physical or chemical characteristics. Any variance granted does not exempt the producer from any other applicable laws and regulations governing the management of hazardous wastes.
(Ord. 02-01 § 1)
The Health Officer is hereby authorized and directed to enter, at any reasonable time, any place of business covered by or reasonably believed to be covered by this chapter, to verify compliance with these provisions of this chapter. The Health Officer shall have the duty of enforcing the provisions of this chapter. The Health Officer may ask the City Attorney to seek injunctive relief to enjoin violations of the ordinance codified in this chapter or any permit or order issued hereunder or any rule, regulation, or requirement promulgated hereunder. Civil penalties of up to $500.00 per day of violation may be imposed. All enforcement actions hereunder are cumulative to one another and to any other applicable penalties.
(Ord. 02-01 § 1)
Each person applying for a hazardous waste generator permit pursuant to Section 8.03.110 shall, at the time of filing the application form, pay to the City a nonrefundable application fee, as set forth by the City for each place of business said permit is required.
(Ord. 02-01 § 1; Ord. 12-02 § 11)
Each person who is required to have a hazardous waste generator permit issued pursuant to Section 8.03.110, shall pay a nonrefundable annual permit fee as set forth by the City for each place of business said permit is required.
(Ord. 02-01 § 1)
Each of the persons whose duty it is to obtain, or cause to be obtained, a permit from the Health Officer, as herein provided, shall be, and is hereby declared and made to be, jointly and severally liable for the payment of the fee required to be paid to the City for such permit.
(Ord. 02-01 § 1; Ord. 12-02 § 12)
For the purposes of any public hearings required to be conducted pursuant to the State Statutes or the Minimum Standards and Regulations, the City Council or a committee thereof, shall act as hearing panel.
(Ord. 02-01 § 1)
The Health Officer shall prescribe rules, regulations and requirements not in conflict with the general law, for the implementation and enforcement of this chapter.
(Ord. 02-01 § 1)