This chapter shall be known as "Hazardous Waste Generators."
(SCC 1287 § 2, 2004)
It is the purpose of this chapter to incorporate and implement Division 20, Chapters 6.5 (commencing with Section 25100) and 6.11 of the California Health and Safety Code. The provisions of these codes establish the authority for the regulation and permitting of facilities that generate, store or treat hazardous wastes. It is also the purpose of this chapter to establish the procedures for the enforcement of these laws.
(SCC 1287 § 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 1287 § 2, 2004)
Except as expressly provided to the contrary, those terms referred to and defined by Sections 25110 through 25124 of the California Health and Safety Code shall be ascribed the same meaning as used in this chapter.
A.
"Business" means an entity as defined in subdivision (d) of Section 25501 and in Section 25501.4 of the Health and Safety Code.
B.
"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 California Health and Safety Code. The Environmental Management Department is the CUPA for both the incorporated and unincorporated areas of Sacramento County.
C.
"Department" means the Sacramento County Environmental Management Department.
D.
"Director" means the Director of the Sacramento County Environmental Management Department, or designee.
E.
"Health and Safety Code" means Division 20 of the California Health and Safety Code.
F.
"Operator" means any person in control of, or having daily responsibility for, the daily operation that result in the generation, treatment or storage of hazardous waste.
G.
"Owner" means the owner of a facility that generates, stores or treats hazardous waste.
H.
"Permitting Authority" means the Sacramento County Board of Supervisors or its designee.
(SCC 1287 § 2, 2004; SCC 1618 § 85, 2018)
Except as otherwise expressly provided by this chapter, all requirements, limitations and exemptions contained in Chapter 6.5 (commencing with Section 25100) of the Health and Safety Code and 22CCR, as under this chapter, are hereby incorporated herein by reference. The Department 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 6.5 (commencing with Section 25100), and the regulations adopted pursuant thereto with the exception of Sections applicable to persons operating transportable treatment units.
(SCC 1287 § 2, 2004; SCC 1618 § 86, 2018)
a.
No person shall own or operate a business within the County of Sacramento that generates, handles, or stores hazardous waste unless by authority of a valid, unexpired, unsuspended and unrevoked permit for such ownership or operation issued to the owner or operator pursuant to the provisions of this chapter.
b.
Such a permit is site, business and owner specific and may not be transferred to other owners or locations. Any person assuming ownership of a hazardous waste facility 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 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 hazardous waste facility 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 1287 § 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 1287 § 2, 2004)
Application for a permit under this chapter, including application for renewal or extension of a permit, shall be filed on a form provided by and containing such information prescribed by the Director.
(SCC 1287 § 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 1287 § 2, 2004)
A permit will not be issued, renewed, or extended if the Director, upon inspection of the hazardous waste facility, determines that it does not comply with this chapter. A permit may not be issued, renewed, or extended if the application has not paid the local fees and state surcharges assessed pursuant to Chapter 6.99 of Title 6 of this Code and Section 6.98.080 of this chapter.
(SCC 1287 § 2, 2004)
Permits issued pursuant to this chapter shall be subject to conditions imposed by the Department and such additional conditions as the Director determines are necessary to promote the purposes and objects of Chapter 6.5 (commencing with Section 25100) of the Health and Safety Code, 22CCR and of this chapter.
(SCC 1287 § 2, 2004)
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 1287 § 2, 2004)
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 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 1287 § 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 6.98.115 of this chapter. If such an appeal is filed, the revocation, modification or suspension shall not become effective until a final decision on the appeal is issued.
(SCC 1287 § 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 1287 § 2, 2004; SCC 1618 § 87, 2018)
It shall be unlawful for any person to violate any provision of Chapter 6.5 (commencing with Section 25100) of the Health and Safety Code, 22CCR, and of this chapter. Each and every day a violation of Chapter 6.5 (commencing with Section 25100) of the Health and Safety Code, 22CCR, 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.
(SCC 1287 § 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 6.98.095 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 1287 § 2, 2004)
Criminal, civil, and administrative penalties as specified in Chapter 6.5 of the Health and Safety Code apply to violations defined by Section 6.98.085 of this chapter.
(SCC 1287 § 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 below 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)
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)