(A) 
No person or business shall store any hazardous materials regulated by this chapter until a hazardous materials permit has been issued pursuant to this chapter. Only one storage permit may be issued for a single facility.
(B) 
No person or business shall install, construct, repair, modify, close, remove, or cause significant change to any storage facility or underground storage tank until the appropriate permit(s) and/or approval has been issued pursuant to this chapter. An application for a permit to construct or modify a hazardous materials facility shall be submitted by the user or facility owner on standardized forms prepared by the County and provided by the Health Officer.
(C) 
All applications for permits shall be accompanied by the required fee.
(D) 
Each applicant for a permit to store hazardous materials shall use the internet to electronically submit a plan on the California Environmental Reporting System (CERS) for the Health Officer's approval, to be known as a Hazardous Materials Management Plan (HMMP).
(E) 
A permit may be issued at any time of the year. All storage permits expire annually on the one-year anniversary of the date of issuance. A new storage permit shall be applied for at least 15 days prior to the date of expiration.
(F) 
Where the permittee is a company, firm or corporation, the application must be signed by a person having the legal authority to bind the permittee.
(G) 
No permit shall be granted pursuant to this chapter unless the permit applicant demonstrates to the satisfaction of the Health Officer by the submission of appropriate application, forms, plan, and/or other information that the design and construction of the storage facility will result in a manner of storage consistent with this chapter.
(H) 
No permit issued pursuant to this chapter is assignable or transferable.
(I) 
Applicants for permits who are delinquent in filing their applications, or permit fees, or both, are subject to the following penalties:
(1) 
Twenty-five percent of the regular permit fee, if delinquent by more than 30 days;
(2) 
Fifty percent of the regular permit fee, if delinquent by more than 60 days;
(3) 
One hundred percent of the regular permit fee, if delinquent by more than 90 days.
(J) 
A 100 percent penalty shall be applied to all permit fees, other than those relating to the use of hazardous materials, obtained after the unpermitted activity has commenced. These permits include, but are not limited to, facility modification, underground storage tank installation or removal, and monitoring well installation or removal permits.
(K) 
The imposition of, or payment of, a penalty imposed by either subsection (I) or (J) of this section shall not preclude the imposition of any other penalty prescribed by this chapter or the prosecution of any violation under this chapter.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
Within 45 business days after receipt of a completed application, the Health Officer shall either grant, provisionally grant, conditionally grant, or deny the permit. This time limit may be extended by mutual agreement between the Health Officer and the applicant.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
(A) 
Any permit issued pursuant to the provisions of this chapter may be amended, suspended, or revoked by the Health Officer, as provided in this section, if they determine that a violation of this chapter exists or where such action would be appropriate and consistent with protecting human health, safety, or the environment.
(B) 
Any permit may also be amended, suspended, or revoked by the Health Officer if they determine at a hearing held by the Health Officer that the person or business to whom any permit was issued pursuant to this chapter has obtained the permit by fraud or misrepresentation; provided, that notice of the time, place and purpose of the hearing must be given to the permittee at least five days prior to the hearing.
(C) 
The denial, amendment, suspension, or revocation of any permit shall not be effective until notice thereof, in writing, is served personally on the applicant or holder of the permit. Alternatively, the notice may be sent by registered or certified mail, postage prepaid, return receipt requested, to the applicant or the holder of the permit. The notice shall contain a brief statement of the reasons for the denial, amendment, suspension, or revocation.
(D) 
No suspension period shall exceed 90 days. The Health Officer shall amend, revoke, or reinstate the suspended permit within this time frame.
(E) 
A person or business whose permit has been denied, amended, suspended, or revoked may file an appeal pursuant to the procedures set forth in SCCC § 7.100.090.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
An applicant for a permit under this chapter whose application has been denied or issued provisionally or conditionally by the Health Officer, or whose permit once issued has been amended, suspended, or revoked and who believes that their application and/or use, handling, or storage satisfy the criteria set forth in this chapter, may appeal to the Hazardous Materials Advisory Commission under the following conditions:
(A) 
Within 15 days after receipt of notice of the denial, amendment, suspension, or revocation, the applicant or permit holder shall file with the Health Officer a written notice of appeal setting forth the reasons the appellant believes such denial, amendment, suspension, or revocation is improper. The written notice of appeal shall be accompanied by the appeal fee as established by resolution of the Board of Supervisors.
(B) 
Upon receipt of the notice of appeal, the Health Officer shall schedule a hearing of the appeal before the Hazardous Materials Advisory Commission and shall give notice, in writing, to the appellant of the date, time and place of the hearing by personally delivering the notice to the appellant, or alternatively, by sending the notice to the appellant by registered or certified mail, postage prepaid, return receipt requested. The hearing shall be scheduled no later than 30 days from the date the Health Officer receives the notice of appeal. The Health Officer shall notify the appellant of the date of the hearing in writing no later than 15 days prior to the hearing date.
(C) 
At the appeal hearing, the appellant may appear in person or through or with legal counsel and may present such evidence as they may desire and show cause why the application should be granted, or show cause why the permit should not be suspended or revoked, as the case may be. In conducting the hearing, the Commission shall receive information, evidence and testimony relevant to the circumstances of the denial, suspension or revocation and the formal rules of evidence shall not apply. Appeal hearings shall be tape recorded and such recordings shall be the official records of such hearings and shall be retained in the custody of the Health Officer.
(D) 
The Hazardous Materials Advisory Commission may affirm, modify or reverse the denial, amendment, suspension, or revocation. The Commission shall render its decision not later than 10 days following the conclusion of the hearing and a notice thereof shall be personally delivered or sent by the Health Officer to the appellant by registered or certified mail, postage prepaid, return receipt requested, not later than three days following the rendering of the decision. The action of the Hazardous Materials Advisory Commission shall be final.
(Ord. 4521 § 2, 1998; Ord. 5071 § 3, 2010; Ord. 5306 § 3, 2019)
(A) 
The Board of Supervisors shall by resolution adopt a fee schedule at a level sufficient to pay the necessary and reasonable costs incurred in administering this chapter, including, but not limited to, permitting and inspection responsibilities. No application as provided for in this chapter shall be considered complete unless and until the applicable fee has been paid.
(B) 
The Health Officer shall recover all costs incurred that are both reasonable and necessary in gaining compliance with this chapter and in providing oversight of activities which are not otherwise calculated into a permit fee.
(C) 
The fee for a permit shall include any applicable State surcharges, the amount of which shall be determined by the Legislature annually to cover the costs of the California Environmental Protection Agency in carrying out its responsibilities under State law. Any State surcharge shall be clearly identified as such on the billing statement provided by the County to the permittee.
(Ord. 4521 § 2, 1998)