(A) 
The Health Officer shall maintain files for all HMMPs, disclosure forms, reports of unauthorized releases, or other reports prepared pursuant to this chapter for a period of 30 years.
(B) 
The Health Officer shall index disclosure forms by street addresses and facility name.
(C) 
The Health Officer shall maintain and be responsible for the security of information which constitutes a trade secret as provided in SCCC § 7.100.130 or which relates to the precise location where hazardous materials are stored or handled. This information shall not be disclosed to the public.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
All records required by this chapter shall be maintained by the permittee for a period of not less than five years. These records shall be made available to the Health Officer during normal working hours and upon reasonable notice. Nothing in this section alters or lessens the responsibility to maintain records required under other laws.
(Ord. 4521 § 2, 1998)
(A) 
The Health Officer shall develop policies and procedures for implementing this chapter.
(B) 
The Health Officer, who is responsible for the execution of the provisions of this chapter, shall maintain at all times on file in their office for public inspection, a current copy of both this chapter and the policies and procedures promulgated pursuant thereto.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
Whenever the approval or satisfaction of the Health Officer may be required in this chapter for the design, monitoring, testing or other technical submittal by an applicant or permittee, the Health Officer may, in their discretion, rely on properly certified data, facts, documents and/or other evidence provided by the applicant, or may, at the applicant's or permittee's sole cost or expense, retain a suitably qualified independent engineer, chemist, toxicologist, industrial hygienist or other appropriate professional consultant acceptable to the Health Officer to provide professional assistance to the Health Officer in making any determination required by the provisions of this chapter. The Health Officer shall be entitled to rely on and shall give due weight to such evaluation and/or opinion of such engineer, chemist, toxicologist or industrial hygienist or other appropriate consultant in making the relevant determinations provided for in this chapter.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of this chapter to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorney's fees. The court may award punitive damages in a proper case.
(Ord. 4521 § 2, 1998)
(A) 
Any person who negligently violates any provision of this chapter is liable to the County in a sum not to exceed $250.00 per day for each day in which the violation occurs, and, if the violation results in or significantly contributes to an emergency, including a fire, that person shall be assessed the full costs incurred by all public agencies which responded to such emergency, as well as the cost of cleaning up and disposing of such hazardous materials.
(B) 
Any person who intentionally violates any provision of this chapter is liable to the County for a civil penalty in a sum not less than $500.00 nor more than $5,000 for each day in which such violation occurs, and may have its permit/business license revoked, and, if such violation results in or significantly contributes to an emergency, including fire, that person shall be assessed the full costs incurred by all public agencies which responded to such emergency, as well as the cost of cleaning up and disposing of such hazardous materials.
(C) 
Any civil action filed pursuant to this chapter shall be brought by the City Attorney, District Attorney or County Counsel. In any civil action filed pursuant hereto in which the County prevails, the person shall also be liable for reasonable expenses, including attorney's fees, as determined by the court, incurred by the County in the investigation and prosecution of the action.
(D) 
In determining both the civil and criminal penalties imposed pursuant to this article, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
Subject to the limitations of due process, and notwithstanding any other provision of this code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the County or of its elected or appointed officers, employees, or agents, it is the legislative intent that such words are directory only and do not establish a mandatory duty.
(Ord. 4521 § 2, 1998)
The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth in this chapter are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous materials. This chapter shall not create liability on the part of the County, or of any officer or employee of the County, for any damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter. All users handling, storing, using, processing and disposing of hazardous materials within the County should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this chapter necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials or risk of damage to human health, safety, or the environment.
(Ord. 4521 § 2, 1998)