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HazMat Program Ordinance Code

Last modified: 3/5/2012 11:54 AM

This document contains those sections of Division B11 of the Santa Clara County Ordinance Code which are enforced by the Hazardous Materials Program, Hazardous Materials Compliance Division (HMCD), within the Department of Environmental Health.

 

TABLE OF CONTENTS

Division B11

ENVIRONMENTAL HEALTH
 

 

 
CHAPTER I. GENERAL ENVIRONMENTAL HEALTH AND ENFORCEMENT

Sec. B11-1. Definitions
Sec. B11-3. Environmental health fees-maximum annual increase
Sec. B11-4. Right of entry
Sec. B11-5. Investigation
Sec. B11-6. Criminal penalties
Sec. B11-7. Civil penalties
Sec. B11-8. Enforcement cost recovery
Sec. B11-9. Remedies not exclusive
Sec. B11-10. Power of director to make additional regulations
Sec. B11-11. Professional assistance for director determinations

 

CHAPTER II. ENVIRONMENTAL HEALTH PERMITS AND FEES

ARTICLE 1. GENERAL

Sec. B11-20. Purpose and authority
Sec. B11-21. Permits
Sec. B11-22. Permit fees
Sec. B11-23. Delinquency date; penalty
Sec. B11-24. Geographic area of application
Sec. B11-25. Multiple activities
Sec. B11-26. Fictitious names
Sec. B11-27. Temporary permits
Sec. B11-28. Transfer of permit
Sec. B11-29. Identification
Sec. B11-30. Posting of permit
Sec. B11-31. Carrying permit if no fixed location
Sec. B11-32. Exhibition of permit on request
Sec. B11-33. Denial, suspension, or revocation of permit/hearing
Sec. B11-34. Immediate permit suspension or revocation

ARTICLE 2. PLAN CONSTRUCTION APPROVAL

Sec. B11-40. Submittal of plans
Sec. B11-41. Application for approval
Sec. B11-42. Plan check fees
Sec. B11-43. Plan approval
Sec. B11-44. Inspections
Sec. B11-45. Reinspection fees
Sec. B11-46. Service fees

 

CHAPTER XIII. HAZARDOUS MATERIALS STORAGE

ARTICLE 1. GENERAL PROVISIONS

Sec. B11-270. Purpose
Sec. B11-271. General obligation; safety and care
Sec. B11-272. Specific obligation
Sec. B11-273. Definitions

ARTICLE 2. MATERIALS REGULATED

Sec. B11-280. Materials regulated
Sec. B11-281. Exclusions

ARTICLE 3. CONTAINMENT STANDARDS

Sec. B11-285. Containment of hazardous materials
Sec. B11-286. New storage facilities
Sec. B11-287. Existing storage facilities
Sec. B11-288. Out-of-service storage facilities
Sec. B11-289. Monitoring
Sec. B11-290. Maintenance, repair or replacement
Sec. B11-291. Handling
Sec. B11-292. Secured facilities
Sec. B11-293. Emergency equipment
Sec. B11-294. Posting of emergency procedures

ARTICLE 4. HAZARDOUS MATERIALS DISCLOSURE

Sec. B11-300. Hazardous materials disclosure
Sec. B11-301. Hazardous materials business plan
Sec. B11-302. Hazardous materials/waste registration form; minimal storage site

ARTICLE 5. RESPONSIBILITY

Sec. B11-305. Reporting unauthorized discharge
Sec. B11-306. Cleanup responsibility
Sec. B11-307. Indemnification

ARTICLE 6. INSPECTIONS AND RECORDS

Sec. B11-310. Inspections by the department
Sec. B11-311. Inspections by permittee
Sec. B11-312. Special inspections
Sec. B11-313. Maintenance of records

ARTICLE 7. PERMITS

Sec. B11-320. Permits
Sec. B11-321. Application for permit
Sec. B11-322. Approval of permit
Sec. B11-323. Temporary storage permit
Sec. B11-324. Issuance of permits
Sec. B11-325. Additional approvals
Sec. B11-326. Term
Sec. B11-327. Renewal
Sec. B11-328. Determination

ARTICLE 8. REMEDIAL ACTION

Sec. B11-335. Grounds for remedial action
Sec. B11-336. Notice of noncompliance
Sec. B11-337. Suspension prior to hearing
Sec. B11-338. Remedial action
Sec. B11-339. Transmittal of decision
Sec. B11-340. Authority after suspension, revocation or expiration
Sec. B11-341. Return of permit

ARTICLE 9. ENFORCEMENT

Sec. B11-345. Civil penalties
Sec. B11-346. Civil action for retaliation
Sec. B11-347. Penalty deposits

ARTICLE 10. MISCELLANEOUS

Sec. B11-350. Disclaimer of liability
Sec. B11-351. Conflict with other laws

 

CHAPTER XIV. TOXIC GAS STORAGE

ARTICLE 1. GENERAL PROVISIONS

Sec. B11-360. Scope
Sec. B11-361. General obligation
Sec. B11-362. Definitions

ARTICLE 2. MATERIALS REGULATED

Sec. B11-365. Materials regulated
Sec. B11-366. Exclusions and exemptions

ARTICLE 3. HAZARD CLASSIFICATION

Sec. B11-370. General
Sec. B11-371. Calculations for determining the class of mixtures

ARTICLE 4. CONTROLS

Sec. B11-380. General controls
Sec. B11-381. Class I controls
Sec. B11-382. Class II controls
Sec. B11-383. Class III controls
Sec. B11-384. Minimum threshold quantity controls
Sec. B11-385. Exterior storage
Sec. B11-386. Tank cars and piping

ARTICLE 5. PERMITS

Sec. B11-390. Permits and system upgrades
Sec. B11-391. Closure

ARTICLE 6. RESPONSIBILITIES

Sec. B11-395. Reporting unauthorized discharge
Sec. B11-396. Indemnification

ARTICLE 7. ENFORCEMENT

Sec. B11-400. Civil penalties
Sec. B11-401. Penalty deposits

ARTICLE 8. MISCELLANEOUS

Sec. B11-405 Disclaimer of liability

 

CHAPTER XV. UNIFIED PROGRAM

ARTICLE 1. GENERAL PROVISIONS

Sec. B11-410. Declaration of findings and intent
Sec. B11-411. Authority
Sec. B11-412. Program list and code sections
Sec. B11-413. Definitions

ARTICLE 2. PERMITS

Sec. B11-420. Unified program facility permit
Sec. B11-421. CalARP facility permit
Sec. B11-422. Hazardous waste generator permit
Sec. B11-423. Hazardous waste onsite treatment permit
Sec. B11-424. Underground storage tank permit

ARTICLE 3. ENFORCEMENT

Sec. B11-430. General
Sec. B11-431. Civil penalties
Sec. B11-432. Penalty deposits

ARTICLE 4. MISCELLANEOUS

Sec. B11-440. Disclaimer of liability
Sec. B11-441. Relation to existing laws
Sec. B11-442. Indemnification

 

CHAPTER I. GENERAL ENVIRONMENTAL HEALTH AND ENFORCEMENT

Sec. B11-1. Definitions.
(a) Department means the Department of Environmental Health, Environmental Resources Agency, County of Santa Clara.
(b) Director means the director of the Department of Environmental Health or designee or duly authorized representative of the county health officer pursuant to the authority contained in section 101280(b) or section 452 of the California Health and Safety Code.
(c) Dwelling unit means a building or portion thereof used or intended for use as a residence.
(d) Fees mean fees established by resolution of the board of supervisors.
(e) Permit means environmental health permit to operate.
(f) Permittee means any person to whom a permit is issued pursuant to this division; any authorized representative, agent or designee of such person; or any person who is required pursuant to this division to obtain a permit but fails to obtain such a permit.
(g) Person means an individual, firm, association, partnership, corporation, and/or public entity.
(h) Qualified registered engineer means an individual who is registered as a professional engineer with the state board of registration for professional engineers.
(i) Registered environmental health specialist means a person who holds a valid certificate of registration as a registered environmental health specialist issued by the California Department of Health Services.
Sec. B11-2. Reserved.
Sec. B11-3. Environmental health fees-maximum annual increase.
All fees referenced in this division will be subject to a maximum annual increase based on the percentage change in the Consumer Price Index, All Urban Consumers (All Items), for the San Francisco-Oakland-San Jose, CA Area, with the Standard Reference Base (1982--84 = 100), as published by the United States Department of Labor, Bureau of Labor of Statistics. The "annual average" percentage published by the Bureau of Labor Statistics will be used to determine the maximum annual increase. This percentage, which is calculated at the end of each calendar year, is available in January following the end of the previous calendar year. New fees based on the maximum annual increase will be rounded to the nearest whole dollar.
Any necessary fee increase above the maximum annual increase allowed herein will be established by resolution of the Board of Supervisors.
Sec. B11-4. Right of entry.
(a) The director has the right to enter upon any premises at all reasonable times to make inspections and tests as necessary to enforce the provisions of this division and state law. This right of entry will be exercised only at reasonable hours unless otherwise required by an emergency, and entry will be made to any establishment or property only with the consent of the owner, manager, manager's representative, or tenant thereof, or with an inspection warrant or other remedy provided by law to secure entry.
(b) All inspections specified herein will be at the discretion of the director, and nothing in this division will be construed as requiring the department to conduct any such inspection nor will any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this division may be construed to hold the county or any officer, employee or representative of the county responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection or by reason of any failure to take any enforcement or remedial action.
Sec. B11-5. Investigation.
The director may make such investigation of an applicant or permittee and facility or activity as the director deems necessary to carry out the purposes of this division.
Sec. B11-6. Criminal penalties.
(a) Any person conducting any activity in violation of this division is guilty of a misdemeanor and penalties are as defined in Penal Code section 19. A person is guilty of a separate offense for each and every day during which any portion of that day any violation of any provision of this division is committed or permitted by such person.
(b) Pursuant to section 836.5 of the California Penal Code, the director or his or her designated representative is hereby empowered to issue citations for violations of this division.
(c) In any criminal action brought pursuant hereto, in which the county prevails, the court will award reasonable expenses, including attorney's fees, incurred by the county in investigation and prosecution of the action.
Sec. B11-7. Civil penalties.
In addition to or in lieu of criminal penalties, any person who violates any requirement of this division will be liable for civil penalties to the full extent provided by state law and this division. The District Attorney or Office of the County Counsel may file a civil action as appropriate. Such liability may include, but is not limited to, liability for administrative civil penalties as provided in Health and Safety Code Sections 25514.5 and 25182. In any civil action brought pursuant hereto, in which the county prevails, the court will award reasonable expenses, including attorney's fees, incurred by the county in investigation and litigation of the action.
Sec. B11-8. Enforcement cost recovery.
(a) A permittee must reimburse the department for actual costs incurred by the department for any enforcement activities related to a permit revocation or suspension proceeding.
(b) Upon suspension or revocation of a permit, the director will provide an invoice for these enforcement costs indicating the total hours expended, the basis for the expenditure, and the hourly cost rate of the department.
(c) Charges for enforcement costs invoiced by the department pursuant to this section will be based on hourly rate in an amount established by resolution of the board of supervisors.
Sec. B11-9. Remedies not exclusive.
Remedies in this division are in addition to and do not supersede or limit any and all other remedies, civil, criminal or administrative.
Sec. B11-10. Power of director to make additional regulations.
The director is hereby authorized to make all necessary rules, regulations, and guidelines as is necessary to carry out the intent of this division.
Sec. B11-11. Professional assistance for director determinations.
Whenever the approval or satisfaction of the director may be required in this division for a design, monitoring, testing or other technical submittal by an applicant or permittee, the director may, at his or her discretion, require such applicant or permittee, at such applicant's or permittee's sole cost and expense, to retain a suitably qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to the director, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this division. The director is entitled to rely on such evaluation and/or opinion of such engineer, chemist or professional consultant in making the relevant determinations provided for in this division.

CHAPTER II. ENVIRONMENTAL HEALTH PERMITS AND FEES

ARTICLE 1. GENERAL

Sec. B11-20. Purpose and authority.
The purpose of this chapter is to establish a permit system for activities subject to local ordinance, state statutes, orders, quarantines, and rules or regulations relating to public health and environmental health. Department expenses resulting from implementation of this division are to be offset by permit fees collected. The authority for this chapter is contained in sections 25404.5, 101280(d) and 113920 of the California Health and Safety Code.
Sec. B11-21. Permits.
(a) Prior to the commencement of any activity for which this division requires a permit, the applicant must first apply for and obtain the required permit from the director.
(b) The director will review the permit application for accuracy and completeness, and may make an examination of the premises, buildings, equipment, and apparatus associated with the requested permit. If the director finds the proposed activity to be in accordance with the laws and regulations of the state, local ordinances, and requirements of the director, a permit will be issued after receipt of payment of the required permit fee(s).
(c) The director may condition a permit in a manner as is deemed necessary to carry out the purposes of this chapter.
(d) No person may conduct any activity for which this division requires a permit without such a permit. If a permit is not obtained prior to the commencement of any activity requiring a permit pursuant to this division, in addition to the fee for the permit, the applicant may be subject to a penalty equal to twenty-five percent of the permit fee.
(e) Upon change of ownership, the new owner must apply for a permit within ten calendar days of commencing any activity for which this division requires a permit. If after ten calendar days the new owner has not submitted the required application(s) for the required permit(s), in addition to the permit fee(s), the new owner may be subject to a penalty equal to twenty-five percent of the permit fee(s).
(f) A permit may be suspended or revoked for cause.
(g) Before resuming any activity for which a permit was suspended, the director may reinstate the permit upon determination that conditions that prompted the suspension no longer exist. Before resuming any activity for which a permit was revoked, an applicant must obtain a new permit upon application and payment of a new permit fee.
(h) The permit(s) required by this division will be in addition to any other license or permit required by this county or by any other public jurisdiction.
(i) The permit will expire on the last day of the month of purchase of the succeeding year and will be renewable from year to year upon payment of the fee required by resolution of the board of supervisors, or upon payment of fee plus penalties.
Sec. B11-22. Permit fees.
(a) Annual permit fees are required to be paid to the department for each unit, location or facility needing a permit. Such fees will be established by resolution of the board of supervisors.
(b) No refund or rebate of a permit fee will be allowed by reason of the fact that the permit is denied, or the permittee discontinues the permitted activity or use of a facility prior to the expiration of the term, or that the permit is suspended or revoked prior to the expiration of the term.
Sec. B11-23. Delinquency date; penalty.
In the case of a permit or registration renewal, the delinquency date is the day after the expiration date. If any fee required by this division is not paid prior to the delinquency date, in addition to the fee, the applicant will pay a penalty equal to twenty-five percent of the unpaid balance.
Sec. B11-24. Geographic area of application.
Permits required by this division will be required of any business or activity within the area in which the director enforces any state statute, local ordinance, order, quarantine, rule or regulation relating to public health or environmental health, whether within or outside an incorporated city. Enforcement within cities is pursuant to California Health and Safety Code Section 101375 and as indicated in Chapter XV.
Sec. B11-25. Multiple activities.
If a person engages in, conducts, manages, or carries on at the same time more than one of the activities herein defined by this division, that person will be deemed to be engaging in, conducting, managing or carrying on each activity separately and apart from the other activity, whether located on the same premises or not, and must pay the permit fee for each separate activity.
Sec. B11-26. Fictitious names.
A permit may be issued pursuant to this division to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all of the provisions of chapter 5 of part 3, division 7 of the Business and Professions Code of this state or any statute superseding or taking the place of that code section. Otherwise, all permits must be issued in the true name of the individual or individuals applying therefore. Except as above provided, no business so permitted may operate under any false or fictitious name. A permit issued to a corporation must designate the corporation by the exact name that appears in the articles of incorporation of that corporation.
Sec. B11-27. Temporary permits.
An applicant may apply for a temporary permit if the applicant certifies in writing to the director that the business, activity or occupation can only be carried on for a limited time because of:
(a) The seasonal nature of the occupation, business or activity; or
(b) Statutory or ordinance regulations or restrictions; or
(c) Termination or loss of lease; or
(d) Acquisition by the public of the premises on which the occupation or business or other activity is situated; or
(e) Any other reason approved by the director.
Upon presentation of the certification and acceptance by the director, a temporary permit may be issued for any period specified by the director, not to exceed thirty days; and the permit fee will be twenty-five percent of the annual permit fee for that activity.
Sec. B11-28. Transfer of permit.
(a) The permit is nontransferable except for a mobile food facility, a refuse collection vehicle, liquid waste pumper vehicle, or greasewaste handler. If, during the permit year, a mobile food facility, refuse collection vehicle, liquid waste pumper, or greasewaste vehicle must be replaced and is taken entirely out of the business and a new one is to be used as a replacement, the director may transfer the permit to the new vehicle or facility.
(b) If a permit is issued to a partnership and the partnership is changed by the addition or deletion of partners, the permit may be transferred to the new partnership if the new owner/partnership makes application for a transfer and pays a transfer fee in an amount as established by resolution of the board of supervisors.
Sec. B11-29. Identification.
The director may issue, in conjunction with any permit required by this division, further identification in the form of a license plate, decal or gummed sticker. Upon issuance of same, the director will advise the permittee as to where this identification is to be affixed.
Sec. B11-30. Posting of permit.
(a) Every person having a permit required by this division and conducting, managing or carrying on a business or occupation at a fixed place of business must keep the permit posted and exhibited, while in force, in some conspicuous part of the place of business.
(b) A vehicle permit issued under the provisions of this division must be maintained with the vehicle at all times while the vehicle is being operated in the conduct of the business.
Sec. B11-31. Carrying permit if no fixed location.
Every person having a permit required by his division and not having a fixed place of business must carry the permit with him or her at all times while carrying on the business or occupation for which it was granted.
Sec. B11-32. Exhibition of permit on request.
Every person having a permit required by this division must produce and exhibit the same whenever requested to do so by the director or any duly authorized agent of the director.
Sec. B11-33. Denial, suspension, or revocation of permit/hearing.
Except as otherwise specifically provided by state law or ordinance code provision, all permit denial, suspension or revocation procedures will be as follows:
(a) The director may deny, suspend, or revoke any permit issued under this division for any of the following causes, arising from acts or omissions of the permittee:
(1) Whenever the director determines that the permit holder fails to meet the requirements of the permit, local ordinances, or applicable state law or regulations;
(2) Fraud, willful misrepresentation, or any willful inaccurate or false statement in applying for a new or renewed permit;
(3) Fraud, willful misrepresentation, or any willful inaccurate or false statement in any report required by this division;
(4) Any of the grounds upon which the permit would be subject to immediate revocation.
(b) The director will serve notice on the applicant or permit holder, by United States mail addressed to the business address shown on the application or permit, of the director's intention to deny, suspend, or revoke the permit on the grounds stated therein. The notice will also state that the applicant or permit holder has fifteen days within which to request a hearing or the permit will be denied, suspended, or revoked. When circumstances warrant, the director may order a hearing at any reasonable time within this fifteen-day period to expedite the permit suspension or revocation process.
(c) The hearing will be held by the director or authorized designee within fifteen calendar days of receipt of a request for a hearing. The director's decision will be final.
Sec. B11-34. Immediate permit suspension or revocation.
(a) Except as otherwise specifically provided by state law or ordinance code provision and notwithstanding section B11-33, the director may immediately suspend or revoke a permit if the director determines that the permitted activity is imminently hazardous to public health, safety, or welfare. Imminently hazardous means any condition, based upon inspection findings or other evidence, that can cause disease transmission or an unsafe or hazardous condition, including but not limited to, contamination of drinking water, sewage contamination, or an unsafe public pool.
(b) The director will serve on the permit holder, within forty-eight hours of the suspension or revocation, written notice of the grounds for the immediate suspension or revocation of the permit. The permit holder may appeal the suspension or revocation by filing a written notice with the director within fifteen calendar days of the suspension or revocation.
(c) If an appeal is requested, a hearing will be conducted by the director within fifteen calendar days of the date the request is received. The director's decision will be final.

ARTICLE 2. PLAN AND CONSTRUCTION APPROVAL

Sec. B11-40. Submittal of plans.

No person may begin construction, reconstruction or alteration of any facility or auxiliary structure or equipment of any facility defined in this division without first submitting plans and specifications to the director. In addition, the director may require other information as necessary to determine if the facilities comply with all laws and regulations of the State of California and the County of Santa Clara. The plans, specifications and other information will be reviewed and approved by the director before any permits are issued.
Sec. B11-41. Application for approval.
(a) Application. To obtain approval, an applicant must first file a written application to the director on a form furnished by the director for that purpose. Every application must:
(1) Identify and describe the work to be covered by the approval for which the application is made.
(2) Describe the property on which the proposed work is to be done by legal description, street address or similar description that will readily identify and locate the proposed building or work.
(3) Indicate the use or occupancy for which the proposed work is intended.
(4) Be accompanied by plans, diagrams, computations, specifications, and other data as required by subsection (b) of this section.
(5) Be signed by the applicant, or the applicant's authorized agent.
(6) Provide other data and information as may be required by the director.
(b) Plans and specifications. Plans, engineering calculations, diagrams, and other data must be submitted with each application for approval. Plans are not required to be prepared by an architect or engineer. However, the director may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state to practice in those fields even if not required by state law to be so licensed.
Sec. B11-42. Plan check fees.
With the submission of plans, specifications and supporting data as required in section B11-41 of this chapter, a plan check fee must be paid to the director as established by resolution of the board of supervisors.
Sec. B11-43. Plan approval.
(a) Issuance. The application, plans, specifications, computations, and other data filed by an applicant for approval will be reviewed by the director. Upon approval, the director will endorse in writing or stamp the plans and specifications "APPROVED." The approved plans and specifications must not be changed, modified, or altered without authorization from the director, and all work must be done in accordance with the approved plans.
(b) Expiration of application for plan approval. Applications, for which no approval is granted within one hundred eighty days following the date of application, will expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the director. The director may extend the time for action by the applicant for a period not exceeding sixty days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action to be taken. No application will be extended more than once. In order to renew action on an application after expiration, the applicant must resubmit plans and pay a new plan check fee.
(c) Retention of plans. One set of approved plans, specifications, and computations will be retained by the director for a period of not less than ninety days from date of completion of the work covered by approval; and at least two sets of approved plans and specifications will be returned to the applicant, one set of which must be kept on the site of the work at all times during which the work approved is in progress.
(d) Validity of approval. The granting of approval of plans, specifications, and computations is not be construed to be a permit for, or approval of, any other jurisdiction. The granting of approval based on plans, specifications, and other data will not prevent the director from thereafter requiring the correction of errors in the plans.
(e) Expiration. Every approval granted by the director under the provisions of this chapter will expire by limitation and become null and void if the construction, reconstruction, alteration, or other work authorized by the approval has not commenced within one hundred eighty days from the date of approval. Before the work can be recommenced, a new approval must be obtained. The fee for the new approval will be twenty-five percent of the amount required for the original plan check fee. Any applicant holding an unexpired plan approval may apply for an extension of the time within which work may commence under that plan approval. The director may extend the time for action by the applicant for a period not exceeding one hundred eighty days on written request by the applicant. No approval will be extended more than once.
(f) Suspension or revocation. The director may, in writing, suspend or revoke an approval whenever the approval was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation.
Sec. B11-44. Inspections.
(a) General. All work for which approval is granted is subject to inspection by the director. Approval, as a result of an inspection, is not to be construed as an approval of any other jurisdiction. The applicant must leave all work accessible and exposed during inspection.
(b) Inspection construction card. The approved plan and construction card must be posted or otherwise made available to allow the director to conveniently make the required entries regarding inspection of the work. The plan and construction card must remain available by the applicant until final approval is granted.
Sec. B11-45. Reinspection fees.
In the event that a permittee is required by the director to make changes and/or corrections in a facility or other activity requiring a permit, for the purpose of bringing the facility or activity into compliance with the provisions of this division and/or state law, the director will charge the permittee a reinspection fee for each and every reinspection performed by the director after the first inspection following the direction to correct, until the necessary changes and/or corrections are made. The reinspection fee will be established by resolution of the board of supervisors.
Sec. B11-46. Service fees.
A service fee will be charged for services not otherwise covered by fees noted elsewhere in this division, including but not limited to consultation services, plan reviews of existing permitted activities, equipment evaluations and reviews, site evaluations, and investigations. The service fee will be established by resolution of the board of supervisors. No part of this fee will be refundable.

 

CHAPTER XIII. HAZARDOUS MATERIALS STORAGE

ARTICLE 1. GENERAL PROVISIONS.

Sec. B11-270. Purpose.
The purpose of this chapter is the protection of health, life, resources and property through prevention and control of unauthorized discharges of hazardous materials.
Sec. B11-271. General obligation; safety and care.
(a) No person may cause, suffer or permit the storage of hazardous materials:
(1) In a manner which violates a provision of this chapter or any other local, federal or state statute, code, rule or regulation relating to hazardous materials; or
(2) In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.
(b) The director will have discretion to exempt an applicant from any specific requirements of this chapter which is not required pursuant to state or federal statute or regulation, or to require the applicant to meet additional or modified requirements, where such action would be appropriate and consistent with achieving the general obligation of this chapter for protecting public health, safety, and welfare.
Sec. B11-272. Specific obligation.
(a) Any person who stores any material regulated by section B11-280 which is not excluded by section B11-281 must obtain and keep current a hazardous materials storage permit.
(b) All such hazardous materials must be contained in conformity with article 3 of this chapter.
(c) The storage of such hazardous materials must be in conformance with the approved hazardous materials business plan or hazardous materials/waste registration form.
Sec. B11-273. Definitions.
In addition to the definitions in chapter I, The following are defined for purposes of this chapter:
(a) Abandoned, when referring to a storage facility, means out of service and not safeguarded in compliance with this chapter.
(b) Facility means a building or buildings, appurtenant structures, and surrounding land area used by a single business entity at a single location or site.
(c) Hazard class means explosives, blasting agents, flammable liquids, combustible liquids, flammable solids, oxidizers, organic peroxides, corrosive materials, flammable gases, nonflammable gases, poisons, poison gases, irritating materials, etiologic agents, radioactive materials, and other regulated materials (ORM). For purposes of this chapter, the U.S. Department of Transportation (DOT) definitions in 49 CFR part 173 as amended will be utilized; however, whenever the definitions in 49 CFR 173 refer to transportation or hazards associated with transportation, they will be deemed to refer to storage or other regulated activity under this chapter.
(d) Hazardous material means any material which is subject to regulation pursuant to article 2 of this chapter. A mixture will be deemed to be a hazardous material if it either is a waste and contains any material regulated pursuant to article 2 of this chapter, or is a nonwaste and contains one percent by volume or more of any material regulated pursuant to article 2 of this chapter.
(e) Hazardous materials business plan means a document which meets the requirements of section 25504 of chapter 6.95 of division 20 of the California Health and Safety Code, as amended, or if applicable, the notification made pursuant to section 25503.5(c)(6)(D) of chapter 6.95 of division 20 of the California Health and Safety Code, as amended.
(f) Officer means the employee assigned by the director to administer this chapter or any designee of such employee.
(g) Permit means any hazardous materials storage permit issued pursuant to this chapter, as well as any additional approvals thereto.
(h) Permit quantity limit means the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage facility for which a permit is obtained in accordance with the requirements of this chapter.
(i) Pipes means pipeline systems which are used in connection with the storage of hazardous materials exclusively within the confines of a facility and which are not intended to transport hazardous materials in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.
(j) Primary containment means the first level of containment, i.e. the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
(k) Product-tight means impervious to the hazardous material which is contained, or is to be contained, so as to prevent the seepage of the hazardous material from the primary containment. To be product-tight, the container must be made of a material that is not subject to physical or chemical deterioration by the hazardous material being contained.
(l) Secondary containment means the level of containment external to and separate from the primary containment.
(m) Single-walled means construction with walls made of but one thickness of material. Laminated, coated or clad materials will be considered as single-walled.
(n) Storage facility means any one or combination of tanks, sumps, wet floors, waste-treatment facilities, pipes, vaults or other portable or fixed containers, used or designed to be used for the storage of hazardous materials at a facility.
(o) STP means standard temperature and pressure.
(p) Sump means a pit or well in which liquids collect.
(q) Unauthorized discharge means any release or emission of any hazardous material which does not conform to the provisions of this chapter, unless such release is in accordance with the release regulations of the Bay Area Air Quality Management District and California Air Resources Board, with a National Pollutant Discharge Elimination System Permit, with waste discharge requirements established by the Regional Water Quality Control Board pursuant to the Porter Cologne Water Quality Act, or with local sewer pretreatment requirements for publicly owned treatment works. Controlling agencies may differ for different local jurisdictions.
(r) Wet floor means a floor which is used to routinely collect, contain or maintain standing liquids or to transmit standing liquids on a more or less continuous basis.

ARTICLE 2. MATERIALS REGULATED

Sec. B11-280. Materials regulated.
The materials regulated by this chapter will consist of the following:
(a) Any material regulated by chapter 6.5 of the California Health and Safety Code or division 4.5 of title 22 of the California Code of Regulations, as amended, whether such material is stored or handled in waste or nonwaste form; or
(b) Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, section 401.15, as amended; or
(c) Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a class II combustible liquid or a class IIIA combustible liquid; or
(d) Any material which is listed by the Director of the Department of Industrial Relations in title 8, California Code of Regulations section 339, as amended, excluding all footnotes thereto and subject to the exclusions specified in this subsection. The exclusions will apply only to materials which are not otherwise regulated pursuant to this section. These exclusions will be as follows:
(1) Materials recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them if such materials are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; hormones; enzymes; and aflatoxins;
(2) Aluminum salts; asphalt fumes; atrazine; benomyl; bis (dimethylthiocarbamoyl) disulfide; boron oxide; 4-tertbutyl-2-chlorophenyl-methyl methylphosphoramidate; camphor; carbon black; 2-chlor-6 (trichloromethyl) pyridine; clopidol; coal tar pitch volatiles; cotton dust, dibenzoyl peroxide (benzoyl peroxide); dicyclopentadienyl iron; 3, 5-dinitro-o-toluamide; 2, 6-di-tert-butyl-p-cresol; ferbam, fumaric acid; glass, fibrous or dust; graphite; helium; iron oxide; iron salts; magnesium oxide; mica; mineral wool fiber; oil mist; phenothiazine; phenyl ether; phenyl ether-diphenyl (eutectic mixture), vapor; phthalic anhydride; m-phthalodinitrile; poyltetrasluoreo-ethylene decomposition products; rhodium salts; ronnel; rosin core solder; rotenone, commercial; silica; soapstone; talc; tantalum oxide; terphenyls; and 4, 4'-thiobis (6-tert-butyl-m-cresol); or
(e) Any material which has been determined to be hazardous based upon any appraisal or assessment by or on behalf of the party storing this material in compliance with the requirements of the EPA or the California Department of Health Services, or which should have been, but was not, determined to be hazardous due to the deliberate failure of the party storing the material to comply with the requirements of the EPA and/or the Department of Health Services; or
(f) Any material which has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety or welfare. This subsection will not establish a requirement to test for the purposes of this chapter.
Sec. B11-281. Exclusions.
This chapter does not apply to the following:
(a) Certain elemental metals. The following elemental metals included within the purview of section B11-280 will not be considered hazardous materials for purposes of this chapter unless they are stored in a friable, powdered or finely divided state: aluminum, beryllium, cadmium, chromium, copper, lead, manganese, molybdenum, nickel, rhodium, silver, tellurium, tin and zinc. Furthermore, tantalum, titanium, tungsten and uranium will be excluded from regulation under this chapter.
(b) Retail products. Hazardous materials when contained solely in consumer products packaged for distribution to, and use by, the general public or commercial products used at the facility solely for janitorial or minor maintenance purposes such as paint thinner or wax strippers.
(c) Feed. Hazardous materials when contained in a substance intended for use as animal feed.
(d) Work station. Hazardous materials located at a work station in a quantity reasonably required for use as determined by the director under the circumstances.
(e) Exemption. The director will exempt any material from the requirements of this chapter where it has been demonstrated to the satisfaction of the director that the material in the quantity and/or solution stored does not present a significant actual or potential hazard to the public health, safety or welfare.

ARTICLE 3. CONTAINMENT STANDARDS

Sec. B11-285. Containment of hazardous materials.
No person may store any hazardous materials regulated by this chapter until a permit or approval has been issued pursuant to this chapter. No permit or approval will be granted pursuant to this chapter unless the permit applicant demonstrates to the satisfaction of the director, by the submission of appropriate plans and other information, that the design and construction of the storage facility will result in a suitable manner of storage for the hazardous material or materials to be contained therein.
All installation, construction, repair, modification, closure, or removal must be to the satisfaction of the director. The director has the discretion to exempt an applicant from any specific requirement, except with regard to underground storage facilities; or to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this chapter for protection of public health, safety and welfare.
Sec. B11-286. New storage facilities.
(a) Permit Required. No person may construct or install any new storage facility until a permit or approval has been issued pursuant to this chapter.
(b) Monitoring Capability. All new storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and pressure (STP) must be designed and constructed with a monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the director. Where secondary containment may be subject to the intrusion of water, a means of monitoring and for safely removing such water must be provided.
Whenever monitoring devices are provided, they must, where applicable, be connected to attention-getting visual and/or audible alarms.
(c) Containment Requirements. Primary and secondary levels of containment are required for all new storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and pressure (STP) unless exempted by the director.
(1) All primary containment must be product-tight.
(2) Secondary containment.
a. All secondary containment must be constructed of materials of sufficient thickness, density and composition so as not to be structurally weakened as a result of contact with the discharged hazardous materials and so as to be capable of containing hazardous materials discharged from a primary container for a period of time equal to or longer than the maximum anticipated time sufficient to allow recovery of the discharged hazardous material.
b. In the case of an installation with one primary container, the secondary containment must be large enough to contain at least one hundred ten percent of the volume of the primary container.
c. In the case of a storage facility with multiple primary containers, the secondary container must be large enough to contain one hundred fifty percent of the volume of the largest primary container placed in it, or ten percent of the aggregate internal volume of all primary containers in the storage facility, whichever is greater.
d. If the storage facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a twenty-four-hour rainfall as determined by a one-hundred-year storm history.
(3) Laminated, coated or clad materials are considered single-walled and must not be construed to fulfill the requirements of both primary and secondary containment.
(d) Overfill Protection. Means of overfill protection may be required for any aboveground tank. This may be an overfill prevention device and/or an attention-getting high-level alarm.
(e) Separation of Materials. Materials that in combination may cause a fire or explosion, or the production of a flammable, toxic or poisonous gas, or the deterioration of a primary or secondary container must be separated in both the primary and secondary containment so as to avoid potential intermixing.
(f) Drainage System. If water could enter into the secondary containment by precipitation or infiltration, the facility must provide a means of removing the water by the owner or operator. This removal system must also provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility. This removal system must also prevent uncontrolled removal of this water.
(g) Spill Protection. A spill container to collect any hazardous material spilled during product delivery operations may be required at any aboveground tank fill point.
Sec. B11-287. Existing storage facilities.
Any storage facility in existence as of the effective date of this chapter [January 12, 1984], or any storage facility for which a building permit was issued prior to the effective date of this chapter, which does not meet the standards of section B11-286, may be permitted pursuant to this chapter as long as it is providing suitable storage for hazardous materials. In addition, storage facilities which contain hazardous materials which are liquids or solids at standard temperature and pressure (STP) must be monitored in accordance with a plan approved by the director as set forth herein with a monitoring system capable of detecting unauthorized releases.
(a) A monitoring plan for each such storage facility containing hazardous materials which are liquids or solids at STP must be submitted to the department as part of the hazardous materials business plan or hazardous materials/waste registration form.
(b) Monitoring under such plan must include visual inspection of the primary containment wherever practical; however, if the visual inspection is not practical, an alternative method of monitoring each storage facility on a monthly or more frequent basis may be approved by the director.
(c) Alternative method(s) of monitoring may include but are not limited to pressure testing, vacuum testing or hydrostatic testing of the piping systems; groundwater monitoring well(s) which are down-gradient and adjacent to the storage facility; vapor analysis within the well(s) where appropriate; and analysis of the soil boring(s) at the time of initial installation of the well(s). The location and number of well(s), depth of well(s) and sampling frequency must be approved by the director.
(d) The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by the director whenever there has been any unauthorized discharge. It will also be reviewed by the director each time the permit is renewed. In determining whether continued storage in such storage facility is suitable, the director will consider the age of the storage facility, the methods of containment, the methods of monitoring, the feasibility of the required retrofit, the concentration of the hazardous materials contained, the severity of potential unauthorized discharge, and the suitability of other long-term preventive measures which meet the intent of this chapter.
Sec. B11-288. Out-of-service storage facilities.
(a) No storage facility may be abandoned.
(b) Storage facilities which are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected.
(c) Any storage facility which is not being monitored and inspected in accordance with this chapter must be closed or removed in a manner approved by the director in accordance with section B11-325.
(d) Any person having an interest, including a leasehold interest, in real property and having reason to believe that an abandoned storage facility is located upon such property must make a reasonable effort to locate such storage facility within six months of the effective date of this chapter [January 12, 1984].
(e) Whenever an abandoned storage facility is located, a plan for the closing or removing or the upgrading and permitting of such storage facility must be filed within ninety days of its discovery. A closure plan must conform to the standards specified in section B11-325.
Sec. B11-289. Monitoring.
(a) Monitoring Methods. Monitoring methods must include at least one system for detecting leakage from the primary container. A monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment must be provided. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the director. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water must be provided. Whenever monitoring devices are provided, they must, where applicable, be connected to attention-getting visual and/or audible alarms.
(b) Monitoring, Testing and Inspection. Every permittee under this chapter must conduct testing, monitoring (if applicable), and inspections in compliance with the monitoring program component of the hazardous materials business plan or hazardous materials/waste registration form and must maintain records adequate to demonstrate compliance therewith.
(c) The permittee must conduct monthly inspections, at a minimum, of electronic monitoring system consoles (control panels) to ensure that they are in working order and must maintain records adequate to demonstrate compliance therewith.
Sec. B11-290. Maintenance, repair or replacement.
(a) The permittee must carry out maintenance, ordinary upkeep, and minor repairs in a careful and safe manner. No permit or other approval will be required for such maintenance and upkeep.
(b) Any substantial modification or repair of a storage facility other than minor repairs or emergency repairs must be in accordance with plans to be submitted to the director and approved in accordance with section B11-325 prior to the initiation of such work.
(c) The permittee may make emergency repairs to a storage facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five working days after such emergency repairs have been started, the permittee must seek approval pursuant to section B11-325 by submitting drawings or other information adequate to describe the repairs to the director.
(d) Replacement of any storage facility for hazardous materials, which are liquids or solids at STP, must be in accordance with the new installation standards of section B11-286.
(e) All monitoring equipment and audible/visual overfill protection alarms used to satisfy the requirements of this article must be installed, calibrated, operated and maintained in accordance with manufacturer's instructions, and tested every twelve months by a qualified technician to confirm operability, proper operating condition, and proper calibration. Written records of such testing must be maintained as required in section B11-313.
(f) Persons performing secondary containment testing of any underground storage tank system subject to section 2637(a)(4) of title 23 of the California Code of Regulations, as amended, must report test results using the State Water Resources Control Board's "Secondary Containment Testing Report Form" or an alternate format approved by the director.
(g) The owner or operator of any underground storage tank subject to section 2637(b) of title 23 of the California Code of Regulations, as amended, must coordinate annual certification of underground storage tank monitoring equipment to coincide with the department's annual compliance inspection. Notwithstanding section 2637(b)(5), the UST owner or operator must notify the director at least fourteen calendar days prior to annual certification testing unless the notification requirement is waived by the director.
Sec. B11-291. Handling.
(a) Dispensing and mixing of hazardous materials must not be done in such a manner as to substantially increase the risk of an unauthorized discharge.
(b) When hazardous materials are moved into or out of a storage facility, they may remain in the travel path only for the time reasonably necessary to transport the hazardous materials; and such movement must be in a manner which will not result in an unauthorized discharge.
Sec. B11-292. Secured facilities.
Access to the storage facilities must be secured by means of fences and/or locks. The access to the storage facilities must be kept securely locked when unattended.
Sec. B11-293. Emergency equipment.
Emergency equipment must be provided which is reasonable and appropriate for potential emergencies presented by the stored hazardous materials. Such equipment must be regularly tested and adequately maintained.
Sec. B11-294. Posting of emergency procedures.
Simplified emergency procedures must be posted conspicuously in locations where hazardous materials are stored.

ARTICLE 4. HAZARDOUS MATERIALS DISCLOSURE

Sec. B11-300. Hazardous materials disclosure.
Each person subject to the requirements of this chapter must file a written plan, for approval by the director, disclosing all hazardous materials regulated by this chapter which are stored or handled at that person's facility.
Sec. B11-301. Hazardous materials business plan.
A hazardous materials business plan (HMBP) must be submitted by any facility subject to the requirements of chapter 6.95 of division 20 of the California Health and Safety Code, as amended. The HMBP must be submitted unless the facility qualifies as a minimal storage site under section B11-302, below. The HMBP must include the following:
(a) Facility description.
(1) General facility description. The HMBP must contain a map drawn at a legible scale and in a format and detail determined by the director. It must show the location of all buildings and structures, chemical loading areas, parking lots, internal roads, and storm and sewer drains, and specify the uses of adjacent properties.
(2) Facility storage map.
a. The HMBP must contain a facility storage map at a legible scale for licensing and enforcement purposes. The information in this section is provided for purposes of ensuring the suitable and secure storage of hazardous materials and for the protection of emergency response personnel. The director must take reasonable precautions to ensure the confidentiality of the information provided pursuant to this subsection.
The storage map must indicate the location of each hazardous materials storage facility, including all interior, exterior and underground storage facilities, and access to such storage facilities. In addition, the map must indicate the location of emergency equipment related to each storage facility and the general purpose of the other areas within each facility.
For each storage facility, the map must contain information as prescribed below; except that where the hazardous material being stored is a trade secret, it may be identified in a coded manner (together with its key) and not in a manner which would reveal trade secret information:
(i) A floor plan to scale;
(ii) For tanks, the capacity limit of each tank, and the hazardous material contained in each tank by chemical name or common/trade name.
b. The storage map must be updated whenever an additional approval is required for the facility or whenever the hazardous materials inventory is required to be amended.
(b) Hazardous materials inventory. The HMBP must include the following inventory information regarding hazardous materials stored or handled in quantities below HMBP reporting thresholds:
(1) For nonwaste materials, aggregate reporting by primary DOT (Department of Transportation) hazard class, maximum quantity onsite, largest container size, and storage location(s);
(2) For materials regulated under chapter XIV of this division, reporting by primary DOT hazard class, chemical or common name, maximum quantity onsite, largest container size, and storage location(s); and
(3) For each hazardous waste, reporting by primary DOT hazard class, waste name, treatment/disposal method(s) (i.e., recycled onsite, treated onsite, or shipped offsite for recycling/treatment/disposal), maximum quantity onsite, annual quantity generated, and accumulation/storage location(s).
(c) Monitoring program. The HMBP must contain a description of the location, type, and manufacturer specifications (if applicable), of monitoring methods to be used in each storage facility storing hazardous materials which are liquids or solids at STP. It must also specify the frequency of inspections of storage facilities which will be conducted by the permittee.
(d) Record keeping forms. The HMBP must contain an inspection check sheet or log designed to be used in conjunction with routine inspections. The check sheet or log must provide for the recording of the date of inspection; description of any recordable unauthorized discharge; the date, time and description of any corrective action taken; and the name of the inspector.
(e) Variation in information.
(1) Additional information may be required for the HMBP where such information is reasonably necessary to meet the intent of this chapter.
(2) Whenever the permittee has submitted a plan which includes substantially the same information as is required for any component(s) of the HMBP to any other public agency regulating hazardous materials, such plan may be submitted to the department in lieu of such component(s). The director may give deference to any approval of such plan by the other public agency.
Sec. B11-302. Hazardous materials/waste registration form; minimal storage site.
(a) A facility may qualify as a minimal storage site if the quantity of each hazardous material stored in one or more storage facilities in an aggregate quantity for the facility is less than five hundred pounds for solids, fifty-five gallons for liquids, or two hundred cubic feet at STP for compressed gases, and the facility is not otherwise subject to the HMBP reporting requirements of chapter 6.95 of division 20 of the California Health and Safety Code, as amended.
(b) The applicant for a permit for a facility which qualifies as a minimal storage site may opt to file the hazardous materials/waste registration form in lieu of a HMBP. Such registration form must include the following components:
(1) General application information;
(2) A simple line drawing of the facility showing the location of all interior and exterior storage facilities;
(3) The following hazardous materials inventory information regarding hazardous materials stored or handled at the facility:
a. For nonwaste materials, aggregate reporting by primary DOT (Department of Transportation) hazard class, maximum quantity onsite, largest container size, and storage location(s); and
b. For materials regulated under chapter XIV of this division, reporting by primary DOT hazard class, chemical or common name, maximum quantity onsite, and largest container size, and storage location(s); and
c. For each hazardous waste, reporting by primary DOT hazard class, waste name, treatment/disposal method(s) (i.e., recycled onsite, treated onsite, or shipped offsite for recycling/ treatment/disposal), maximum quantity onsite, annual quantity generated, and accumulation/storage location(s).
(4) A written monitoring program demonstrating that the hazardous materials will be stored in a suitable manner and will be appropriately contained, separated and monitored;
(5) A signature by the facility owner/operator, with title and date, and a statement that the information submitted is true and correct to the best of their knowledge.

ARTICLE 5. RESPONSIBILITIES

Sec. B11-305. Reporting unauthorized discharge.
(a) Liquids and Solids at STP. As soon as any person in charge of a storage facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed unauthorized discharge of a hazardous material which is liquid or solid at STP, such person must take all necessary steps to ensure the discovery and containment and cleanup of such discharge and must notify the director of the occurrence as required by this subsection.
(1) Confirmed unauthorized discharge.
a. Recordable unauthorized discharge. Any recordable unauthorized discharge must be contained and safely disposed of in an appropriate manner by the permittee, and such occurrence and the response thereto must be recorded in the facility's monitoring records. A recordable unauthorized discharge is any unauthorized discharge of a hazardous material which meets all of the following criteria:
(i) The discharge is from a primary containment to a secondary containment or to a rigid aboveground surface covering capable of containing the discharge until cleanup of the hazardous material is completed; and
(ii) The permittee is able to adequately clean up the discharge before it escapes from such secondary containment or such aboveground surface; but if the cleanup requires more than eight hours, it becomes a reportable discharge in accordance with section B11-305(a)(1)b, below; and
(iii) There is no increase in the hazard of fire or explosion, nor is there any production of a flammable or poisonous gas, nor is there any deterioration of such secondary containment or such rigid above-ground surface.
An otherwise recordable unauthorized discharge does not need to be recorded if the discharge is not the result of the deterioration or failure of the primary container and the quantity discharged is less than one ounce by weight, and can be cleaned up within fifteen minutes.
b. Reportable unauthorized discharge. Any unauthorized discharge which is not determined to be recordable under subsection B11-305(a)(1)a, above, must be reported to the director immediately. The reporting party must provide information to the director relating to the ability of the permittee to contain and dispose of the hazardous material, the estimated time it will take to complete containment and disposal, and the degree of hazard created. The director may verify that the hazardous material is being contained and appropriately disposed. The director, at any time upon a determination that the permittee is not adequately containing and disposing of such hazardous material, has the power and authority to undertake and direct an emergency response in order to protect the public health and/or safety.
(2) Unconfirmed unauthorized discharge.
a. Indication of loss in inventory records. Whenever a material balance or other inventory record, employed as a monitoring technique indicates a loss of hazardous material, and no unauthorized discharge has been confirmed by other means, the permittee will have five working days to determine whether or not there has been an unauthorized discharge. If before the end of such period it is determined that there has been no unauthorized discharge, an entry explaining the occurrence must be made in the facility's monitoring records. Where the permittee has not been able, within such period, to determine that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and the permittee must proceed in accordance with subsection B11-305(a)(1)b, above.
b. Test results. Whenever any test results suggest a possible unauthorized discharge, and no unauthorized discharge has been confirmed by other means, the permittee will have five working days to retest. If second test results obtained within that period establish that there has been no unauthorized discharge, the results of both tests must be recorded in the facility's monitoring records. If it has not been established within such period that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and the permittee must proceed in accordance with subsection B11-305(a)(1)b, above.
(b) Gases at STP. Any person in charge of a storage facility or responsible for emergency response for a storage facility, who has knowledge of any unauthorized discharge of a hazardous material which is a gas at STP, must immediately report such discharge to the director if such discharge presents a threat of imminent danger to public health and safety.
Sec. B11-306. Cleanup responsibility.
Any person responsible for storing the hazardous material must institute and complete all actions necessary to remedy the effects of any unauthorized discharge, whether sudden or gradual. The director must undertake actions to remedy the effects of such unauthorized discharge only if he or she determines that it is reasonably necessary under the circumstances to do so. The responsible party will be liable to reimburse the county for all costs incurred by the county in remedying the effects of such unauthorized discharge, including the costs of fighting fires to the extent allowed by law. This responsibility is not conditioned upon evidence of willfulness or negligence of the party storing the hazardous material(s) in causing or allowing such discharge. Any responsible party who undertakes action to remedy the effects of unauthorized discharge(s) will not be barred by this chapter from seeking to recover appropriate costs and expenditures from other responsible parties except as provided by section B11-307.
Sec. B11-307. Indemnification.
The permittee must indemnify, hold harmless and defend the county against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with the permittee's operations under this permit, except as arises from the county's sole willful act or sole active negligence.

ARTICLE 6. INSPECTIONS AND RECORDS

Sec. B11-310. Inspections by the department.
The department may conduct inspections, at the director's discretion, for the purpose of ascertaining compliance with this chapter and causing to be corrected any conditions which would constitute any violation of this chapter or of any other statute, code, rule or regulation affecting the storage of hazardous materials.
Permittees are not required to disclose the identity of hazardous materials protected as trade secrets pursuant to section 25511 of California Health and Safety Code to anyone other than the official designated for that purpose pursuant to section 25511(d) of California Health and Safety Code, except in the case of an emergency response or an unauthorized discharge related to the storage facility in which the trade secret material is contained. The permittee may put temporary coverings over the labels of trade secret materials during the course of department inspections conducted by other than the department official so designated.
Sec. B11-311. Inspections by permittee.
The permittee must conduct regular inspections of its own facilities to assure compliance with this chapter and must maintain logs or file reports in accordance with its hazardous materials management plan. The inspector conducting such inspections must be qualified to conduct such inspections.
Sec. B11-312. Special inspections.
In addition to the inspections specified above, the director may require the periodic employment of special inspectors to conduct an audit or assessment of the permittee's facility to make a hazardous material safety evaluation and to determine compliance with the provisions of this chapter.
(a) The special inspector must be a qualified person or firm who must demonstrate expertise to the satisfaction of the director.
(b) The special inspection report must include an evaluation of the facilities and recommendations consistent with the provisions of this chapter where appropriate. A copy of the report must be filed with the director at the same time that it is submitted to the permittee.
(c) The permittee must, within thirty days of said report, file with the director a plan to implement all recommendations, or must demonstrate to the satisfaction of the director why such recommendations should not be implemented.
Sec. B11-313. Maintenance of records.
All records required by this chapter must be maintained by the permittee for a period of not less than three years. Said records must be made available to the director during normal working hours and upon reasonable notice.

ARTICLE 7. PERMITS

Sec. B11-320. Permits.
(a) Hazardous materials storage permit. Any person who stores any hazardous material must obtain and keep current a hazardous materials storage permit issued pursuant to this chapter.
(b) Additional approvals. A permit must be obtained prior to connecting, installing, constructing, substantially modifying, replacing, closing, or removing a hazardous materials storage or handling facility, tank system, or piping system; performing repairs as required in section B11-290; or for any change or addition in hazardous materials stored which is not in accordance with a prior approval by the director.
(c) Notwithstanding the above, the permittee will have thirty days to apply for an additional approval for the storing of a new or different hazardous material with the same hazard class as stated on the existing permit approvals where such storage does not increase the hazard of fire or explosion or the hazard of the production of flammable or poisonous gas. Storage of new or different hazardous materials, not meeting all of these criteria, will require the prior additional approval.
(d) Storage permits required in this chapter will be consolidated as a Unified Program Facility Permit as required by section 15100, Title 27, California Code of Regulations.
Sec. B11-321. Application for permit.
Application for a new, amended or renewed hazardous materials storage permit or an additional approval must be made to the designated officer on the form(s) approved by the director. In addition to the information required by such form(s), the applicant must submit a new or amended hazardous materials business plan or hazardous materials/waste registration form as required by section B11-300 and construction plans, if any, in conformity with section B11-285.
Sec. B11-322. Approval of permit.
A permit will not be approved until the issuing officer is satisfied that the storage conforms to the provisions of this chapter.
Sec. B11-323. Temporary storage permit.
A temporary hazardous materials storage permit may be issued where storage does not exceed six months and occurs no more frequently than every six months. The containment standards of article 3, the hazardous materials management plan of article 4 and the inspection and records requirements of article 7 may be modified as appropriate under these circumstances for the storage of hazardous materials on a nonregular temporary basis.
Sec. B11-324. Issuance of permit.
Upon the approval of a permit by the officer and upon the payment of any applicable fee(s) as established by resolution of the board of supervisors, the officer will issue the permit to the applicant.
Sec. B11-325. Additional approvals.
When a request for additional approval is for closure of a storage facility or tank system, the permittee must apply for approval to close such facility or tank system not less than thirty days prior to the termination of storage of hazardous materials at the facility or in the tank system. Such closure must be in accordance with a closure plan which describes procedures for terminating the storage of hazardous materials in a manner that:
(a) Minimizes the need for further maintenance; and
(b) Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials is minimized or eliminated; and
(c) Demonstrates that hazardous materials that were stored in the storage facility or tank system will be removed, disposed of, neutralized or reused in an appropriate manner. This thirty-day period may be waived by the director if there are special circumstances requiring such waiver.
Sec. B11-326. Term.
A hazardous materials storage permit may be issued for a term of five years, excepting temporary permits which, notwithstanding section B11-27, may be issued for no longer than six months.
Sec. B11-327. Renewal.
Every application for the renewal of a hazardous materials storage permit must be made at least thirty days prior to the expiration date of such permit. If a timely application for renewal has been submitted, the permit will remain in effect until the director has made his or her determination pursuant to section B11-328 and any administrative appeal pursuant to chapter II has been exhausted.
Sec. B11-328. Determination.
The director must make a determination with regard to any application for a permit, an additional approval, or a renewal, within ninety days from the date the application has been completed or compliance with the appropriate provisions of the California Environmental Quality Act (CEQA) has been completed, whichever occurs later. This time limit may be further extended by mutual agreement between the director and the applicant.

ARTICLE 8. REMEDIAL ACTION

Sec. B11-335. Grounds for remedial action.
A permittee may be subject to remedial action for any of the following causes, arising from the acts or omissions of the permittee, either before or after a permit is issued:
(a) Fraud, willful misrepresentation, or any willful inaccurate or false statement in applying for a new or renewed permit;
(b) Fraud, willful misrepresentation, or any willful inaccurate or false statement in any report required by this chapter;
(c) Failure to abate, correct or rectify any noncompliance within the time specified in the notice of noncompliance;
(d) Failure to correct conditions constituting an unreasonable risk of an unauthorized discharge of hazardous materials within a reasonable time after notice from a governmental entity other than the department;
(e) Failure to abide by the remedial action imposed by the director.
Sec. B11-336. Notice of noncompliance.
Unless the director finds that an immediate suspension under section B11-337 is necessary to protect the public health or safety from imminent danger, the officer will issue a notice of noncompliance:
(1) For failure to comply with the provisions of this chapter, any permit conditions or any provisions of the hazardous materials management plan; or
(2) Before instituting remedial action pursuant to section B11-335(d).
Such notice must be sent by certified mail to the permittee. If the noncompliance is not abated, corrected or rectified within the time specified, remedial action may be taken.
Sec. B11-337. Suspension prior to hearing.
Whenever the director finds that suspension of a permit prior to a hearing for remedial action is necessary to protect the public health or safety from imminent danger, the director may immediately suspend any permit pending the hearing for remedial action. The director will immediately notify the permittee of such suspension by having a written notice of the suspension personally served on the permittee. The permittee will have the opportunity for a preliminary hearing with regard to such prehearing suspension within three working days of receiving written notice of such suspension.
Sec. B11-338. Remedial action.
If the director after the hearing finds that cause exists for remedial action, the director will impose one or more of the following:
(a) A warning;
(b) An order to correct the particular noncompliance specified in the notice issued pursuant to section B11-336;
(c) Suspension of the permit for the facility or for a storage facility for a specified period not to exceed six months;
(d) Modification or addition of conditions of the permit;
(e) Revocation of the permit with no reapplication permitted for a specified period not to exceed five years.
If the grounds for remedial action are based on section B11-335(c) or (d) and if such grounds are limited to one storage facility, the remedial action taken will be limited to that storage facility.
Sec. B11-339. Transmittal of decision.
Within ten days of the hearing, the director must render a written opinion, stating the findings upon which the decision is based and the action taken, if any. The decision of the director will be the final administrative determination and is subject to judicial review.
Sec. B11-340. Authority after suspension, revocation or expiration.
The suspension, revocation or expiration of a permit issued under this chapter will not prevent any proceedings to investigate such permit, any remedial action against such permittee, or any proceeding against such permittee.
Sec. B11-341. Return of permit.
In the event a permit issued under the provisions of this chapter is suspended or revoked, the permittee must forward it to the issuing officer not later than the end of the third business day after notification of such suspension or revocation.

ARTICLE 9. ENFORCEMENT

Sec. B11-345. Civil penalties.
In addition to the enforcement provisions in chapter I of this division, the following civil penalties may apply.
Any person who intentionally or negligently violates any provision of this chapter, except that an unauthorized discharge which is recordable and recorded in compliance with section B11-305 will not be a violation of this chapter for purposes of this section, or fails to comply with any order issued thereunder, will be liable for a civil penalty not to exceed five thousand dollars ($5,000.00) per day for each violation, which will be assessed and recovered in a civil action brought by the county counsel or the district attorney. In determining the penalty, the court will consider all relevant circumstances, including but not limited to the following:
(a) The extent of harm or potential harm caused by the violation;
(b) The nature and persistence of the violation;
(c) The length of time over which the violation occurred;
(d) The frequency of past violations;
(e) The permittee's record of maintenance;
(f) Corrective action, if any, taken by the permittee.
In any civil action brought pursuant hereto, in which the county prevails, the court will determine and impose reasonable expenses, including attorneys' fees, incurred by the county in the investigation and prosecution of the action.
Sec. B11-346. Civil action for retaliation.
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 will include costs and attorneys' fees. The court may award punitive damages in a proper case.
Sec. B11-347. Penalty deposits.
Any administrative, civil and/or criminal penalties collected pursuant to this chapter will be deposited into the hazardous materials program account.

ARTICLE 10. MISCELLANEOUS

Sec. B11-350. Disclaimer of liability.
(a) The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter does not create liability on the part of the county, any officer or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons 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.
(b) This chapter is not intended to create any different standard or obligation for the storage of carcinogens than is imposed for the storage of other hazardous materials. Hazardous materials are identified as carcinogens herein for public record purposes only, and the identification of a material as a carcinogen will not require a different or stricter application of the provisions of this chapter nor notice to any person under any circumstances other than those expressly specified in this chapter; nor will such identification create any other duty or obligation upon the county different from or additional to those duties or obligations applicable to the storage of other hazardous materials.
Sec. B11-351. Conflict with other laws.
Notwithstanding any other provision of this chapter:
(a) A storage facility regulated by any state or federal agency will be exempted from any conflicting provision of this chapter.
(b) If the storage facility is required to have a permit from the California Department of Health Services under Health and Safety Code section 25100 et seq., it will be exempted from any provision of this chapter which is covered by the regulations adopted under the above-cited statute.
(c) Whenever any provision of this chapter conflicts with the Uniform Fire Code as adopted by the county, the stricter will prevail.
(d) Whenever any provision of this chapter conflicts with any provision set forth in the California Health and Safety Code or any regulation adopted pursuant thereto, the stricter will prevail.

 

 

CHAPTER XIV. TOXIC GAS STORAGE

ARTICLE 1. GENERAL PROVISIONS

Section B11-360. Scope.
(a) This chapter governs the storage, dispensing, use and handling of regulated materials.
(b) The provisions of this chapter apply to all regulated materials, including Class I, Class II, Class III and minimum threshold quantities of regulated materials.
(c) This chapter applies to all new and existing facilities where regulated materials subject to this chapter are present.
(d) It is intended that this chapter supplement and be used in conjunction with the currently adopted revisions of the Fire Code and the Uniform Building Code.
(e) In the event of conflicting or overlapping regulatory provisions within the county ordinance code, the Fire Code and this chapter, the most stringent requirement will be applied.
(f) In the event of conflicting or overlapping regulatory provisions with a federal law or state law or regulation, unless the application of this chapter is expressly preempted by an act of congress or enactment of the legislature, the more stringent requirement will apply.
(g) This chapter does not apply to the registration and application of pesticides which is preempted by an act of congress. Handling and storage of pesticide cylinders, however, must comply with all requirements of this chapter.
Section B11-361. General obligation.
No person may cause, suffer or permit the storage, handling, use or dispensing of materials regulated by this chapter:
(a) In a manner which is contrary to a provision of this chapter or any other federal or state or local statute, code, ordinance, rule, regulation or standard of performance relating to materials subject to this chapter; or
(b) In a manner which causes an unauthorized discharge or which imposes a significant risk of such unauthorized discharge.
Section B11-362. Definitions.
For words and phrases not defined in this chapter, the definitions set forth in the most recently adopted version of the Fire Code will control. In addition to the definitions in chapter I, The following are defined for purposes of this chapter:
(a) Class I Material means a material that has a median lethal concentration (LC50) in air of two hundred parts per million or less by volume of gas or vapor, or two milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between two hundred and three hundred grams each.
(b) Class II Material means a material that has a LC50 in air more than two hundred parts per million but not more than three thousand parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than thirty milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between two hundred and three hundred grams each.
(c) Class III Material means a material that has a LC50 in air more than three thousand parts per million but not more than five thousand parts per million by volume of gas or vapor, or more than thirty milligrams per liter but not more than fifty milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between two hundred and three hundred grams each.
(d) Controls means a way to regulate materials to prevent unauthorized discharges.
(e) Control Area means a building or portion of a building within which the exempted amounts of hazardous materials are allowed to be stored, dispensed, used or handled.
(f) Excess Flow Control means a fail-safe system designed to shut off flow due to rupture in pressurized piping systems.
(g) Exterior Storage means a storage area enclosed by no more than two contiguous walls.
(h) Facility means any building, structure, installation, equipment, pipe, container, site, area, appurtenant structure or surrounding land area where regulated materials are stored, used, dispensed, handled, placed or otherwise have come to be located.
(i) Fire Code means the Uniform Fire Code as most recently adopted or modified by the county.
(j) IDLH (Immediately Dangerous to Life and Health) means a concentration of airborne contaminants, normally expressed in parts per million (ppm) or milligrams per cubic meter, which represents the maximum level from which one could escape within thirty minutes without any escape-impairing symptoms or irreversible health effects. This level is established by the National Institute of Occupational Safety and Health (NIOSH). If adequate data does not exist for precise establishment of IDLH data, an independent certified industrial hygienist, industrial toxicologist or appropriate regulatory agency will make such determination.
(k) Inert Construction Materials means materials which, under reasonably foreseeable conditions, will not degrade or react upon contact with the regulated material to be contained.
(l) Lethal Concentration (LC50) means the median lethal concentration level at which fifty percent of appropriate test animals die when exposed by inhalation for a scientifically appropriate specified time period. For the purposes of this chapter, LC50 values for a particular regulated material will be those established by the Department of Transportation (DOT). If DOT has not established an LC50 value for a particular regulated material, the LC50 value established by the Compressed Gas Association (CGA) will be used. If neither DOT nor CGA has established an LC50 value for a particular regulated material, the department may use LC50 values from other available scientific sources.
(m) Maximum Threshold Quantity (Max. TQ) means the maximum quantity of a Class II or Class III regulated material which may be stored in a single vessel before a stricter category of regulation is required by this chapter. Max. TQ is determined by the following equation:

Max. TQ (pounds) = LC50 (ppm) X 2

For the purpose of calculating the Max. TQ, storage tank, cylinder and piping systems which can be isolated in a manner approved by the director may be designated as a separate storage vessel.
(n) Minimum Threshold Quantity (Min. TQ) means the aggregate quantity of regulated materials in a control area which, due to the minimal aggregate quantities present, need only comply with specific control requirements established in section B11-384 and not with the specific requirements for Class I, II or III regulated materials. Min. TQ for mixtures will be based on the aggregate weight of the regulated components.
For other all regulated materials: Min. TQ = two pounds or less.
Minimum threshold quantity controls are set forth in section B11-384.
(o) Permissible Exposure Limit (PEL) means the maximum permitted eight-hour time-weighted average concentration of an airborne contaminant. The maximum permitted time-weighted average exposures to be utilized are those published in 29 CFR section 1910.1000.
(p) Portable Tank means any packaging over sixty U.S. gallons (227.1 L) capacity and designed primarily to be loaded into or on or temporarily attached to a transport vehicle or ship and equipped with skids, mounting or accessories to facilitate handling of the tank by mechanical means. It does not include any cylinder having less than a one thousand pound (453.5 kg) water capacity.
(q) Reduced Flow Valve means a valve equipped with a restricted flow orifice and inserted into a compressed gas cylinder, portable tank or stationary tank that is designed to reduce the maximum flow from the valve under full flow conditions. The maximum flow rate from the valve is determined with the valve allowed to flow to atmosphere with no other piping or fittings attached.
(r) Responsible Persons means permittees under this chapter, owners, managers and persons responsible for the day-to-day operation of any facility subject to this chapter.
(s) Stationary Tank means a packaging designed primarily for stationary installations not intended for loading, unloading or attachment to a transport vehicle as part of its normal operation in the process of use. It does not include cylinders having less than one thousand pound (453.5 kg) water capacity.
(t) Toxic Material means a material which produces a lethal dose or a lethal concentration within any of the following categories:
(1) A chemical or substance that has a median lethal dose (LD50) of more than fifty milligrams per kilogram but not more than five hundred milligrams per kilogram but not more five hundred milligrams per kilogram of body weight when administered orally to albino rats weighing between two hundred and three hundred grams each.
(2) A chemical or substance that has a median lethal dose (LD50) of more than two hundred milligrams per kilogram but not more than one thousand milligrams per kilogram of body weight when administered by continuous contact for twenty four hours, or less if death occurs within twenty four hours, with the bare skin of albino rabbits weighing between two and three kilograms each.
(3) A chemical or substance that has a median lethal concentration (LC50) in air more than two hundred parts per million but not more than two thousand parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than twenty milligrams per liter of mist, fume or dust, when administered by continuous inhalation for one hour, or less if death occurs within one hour, to albino rats weighing between two hundred and three hundred grams each.
(u) Unauthorized Discharge means a release or emission of materials in a manner which does not conform to the provisions of this code or applicable public health and safety regulations.

ARTICLE 2. MATERIALS REGULATED

Section B11-365. Materials regulated.
The materials regulated by this chapter, including but not limited to gases, are those materials which meet the following criteria:
(a) The materials fall under the definition of Class I, Class II or Class III materials; and
(b) The materials meet either of the following criteria:
(1) They are shipped in compressed gas cylinders and the material is or becomes or acts as a gas upon release at standard temperature and pressure (68° Fahrenheit and 760 mm Hg); or
(2) The material is used or handled as a gas whether or not the material meets the definition of a compressed gas set forth in the Fire Code.
Materials which meet the foregoing criteria are subject to the provisions of this chapter unless exempted by the director based upon scientific evidence provided by a toxicologist or other professional acceptable to the director.
Section B11-366. Exclusions and exemptions.
(a) Exclusion. To the extent that the application of this chapter to the registration and use of pesticides is preempted by an express provision of an act of Congress or a statute adopted by the state legislature, this chapter does not apply.
(b) Exemption. Except as provided in subsection (c) of this section, below, material which would otherwise be regulated is exempt from regulation under this chapter if the aggregate quantity of the material in a control area or exterior storage does not exceed the Min. TQ and the quantity of the material in a single vessel does not exceed the amounts specified as follows:
(1) One pound; or
(2) The concentration of the material is below the Permissible Exposure Limit (PEL).
(c) Notwithstanding the exemption in subsection (b) of this section, above, no amount of Class I regulated material is exempt from the requirements for flow-limiting devices and fire extinguishing systems found in subsections B11-380(k) and (l).

ARTICLE 3. HAZARD CLASSIFICATION

Section B11-370. General.
Regulated materials will be classified as Class I, Class II, Class III or Min. TQ materials as defined in B11-362.
(a) The specified provisions required by this chapter are in addition to those requirements specified in the Fire Code. Requirements for controls for the use or indoor storage of regulated materials will be cumulative as the hazard class of regulated material increases in accordance with the following table:

 HAZARD CLASSIFICATIONS AND CONTROLS

Hazard Classification

 Hazard Controls

Class I

Includes Division II, Class I, Class II, Class III, minimum threshold quantity and exempt amount controls

 

Class II

Includes Division II, Class II, Class III, minimum threshold quantity and exempt amount controls

 

Class III

Includes Division II, Class III, minimum threshold quantity and exempt amount controls

 

Minimum Threshold Quantity

Includes Division II, minimum threshold quantity and exempt amount controls

 

Exempt Amounts

Other applicable statutes, codes and ordinances

 

(b) All control equipment for materials regulated by this chapter must meet appropriate nationally recognized standards, if any, approved by the director.
(c) Halogenated, non-carbon based gases may hydrolyze to their base mineral acid upon contact with moisture. Therefore, the monitoring and compatibility requirements of this chapter will apply to their decomposition products.
Section B11-371. Calculations for determining the class of mixtures.
(a) The LC50 value for mixtures containing regulated materials must be calculated using the following formula:

(b) If more than one toxic component is present, the LC50 value will be calculated using the following formula:

ARTICLE 4. CONTROLS

Section B11-380. General controls.
(a) Seismic Protection. Persons responsible for a facility with one or more stationary tanks and piping systems used for regulated materials must cause such tanks and piping systems to be seismically braced in accordance with the provisions of the currently adopted version of the Uniform Building Code.
(b) Security. Facilities where materials subject to this chapter are stored, handled, dispensed or used must be secured against unauthorized entry.
(c) Breathing Apparatus.
(1) In order to provide for immediate initial on-scene response in the event of an unauthorized discharge and to provide on-scene assistance to firefighters and other emergency response personnel, persons responsible for any facility where Class I or corrosive regulated materials are present must provide a minimum of two self-contained breathing apparatus. When self-contained breathing apparatus would be inadequate protection due to the nature of the gases present, other appropriate protective equipment must be provided for on-site emergency response personnel.
(2) The self-contained breathing apparatus or other protective equipment must be suitable for use with the material present and must be readily available to on-site emergency response personnel in a location that provides safety for those expected to don the apparatus.
(3) A location that provides safety is one which is not likely to be immediately affected by the release of a regulated material
(d) Incompatible Materials. Responsible persons must provide for regulated materials to be separated from other incompatible hazardous materials listed in Table 5108-A of the Fire Code. Separation must be maintained by one hour fire-resistive construction or by the use of separate gas cabinets. Construction materials must be compatible with the toxic gases they serve. Compatibility of construction materials must be based on nationally recognized standards such as the National Association of Corrosion Engineers (NACE).
(e) Leak Testing. Responsible persons must ensure that the containers of regulated materials are tested for leaks immediately upon delivery and again immediately prior to departure of such containers from facilities. Testing methods must be approved by the director in accordance with appropriately nationally recognized industry standards and practices, if any. Appropriate remedial action must be immediately undertaken when leaks are detected.
(f) Protective Plugs and Caps. Responsible persons must ensure that the protective plugs and caps of regulated materials are in place at all times unless and until the material is properly placed into use.
(g) Emergency Response Plan.
(1) If the preparation of an emergency response plan for the facility is not required by any other law, a responsible person must prepare, or cause to be prepared, and filed with the department, a written emergency response plan.
(2) If the preparation of an emergency response plan is required by any other law, a responsible person must file a copy of the plan with the local fire agency.
(h) Emergency Response Teams.
(1) If not required to do so by another law, a person responsible for a facility subject to this chapter must designate, or cause to be designated, an on-site emergency response team, which must be composed of an adequate number of trained, responsible persons, and which will serve as liaison to the fire department.
(2) Emergency response team members must ascertain all on-site locations where regulated materials are stored, handled and used, and must become familiar with the emergency response plan and the chemical nature of such regulated material, and must act as facility liaison to the fire department and must be prepared to respond in an emergency.
(i) Emergency Drills.
(1) Responsible persons must ensure that emergency drills of each on-site emergency response team to be conducted not less frequently than once every three months.
(2) Records of drills conducted must be maintained at the facility for three (3) years and must be made available for inspection upon request by the local fire agency or the department.
(j) Annual Maintenance.
(1) Responsible persons must ensure that all safety control systems at a facility to be tested not less frequently than annually and maintained in good working condition.
(2) Maintenance and testing must be performed by persons qualified to perform the maintenance and tests.
(3) Maintenance records and test certifications must be available to the department upon inspection or request.
(k) Flow-Limiting Orifices and Devices for Class I Materials. All containers of materials other than lecture bottles classified as Class I regulated materials and having a vapor pressure exceeding 29 psia, must be equipped with a flow-restricting orifice, when available. If a flow-restricting orifice is not available, the container must be used with a flow-limiting device. All flow-limiting devices must be part of the valve assembly and visible to the eye when possible; otherwise, they must be installed as close as possible to the cylinder source.
(l) Fire Extinguishing Systems.
(1) Except as hereinafter provided, responsible persons must cause all interior and exterior use areas and all indoor storage areas and storage buildings to be protected from fire by automatic sprinkler systems.
(2) The design of the sprinkler system must be not less than that required under the current edition of NFPA for ordinary hazard group II, with a minimum design area of three thousand square feet. Where the materials or storage arrangement require a higher level of sprinkler system protection in accordance with nationally recognized standards, the higher level of sprinkler system protection must be provided.
(3) If the chemical properties of the regulated materials are such that the materials will be incompatible with the use of a sprinkler system, the local fire agency may require alternative forms of fire protection.
Section B11-381. Class I controls.
Persons responsible for any facility where Class I materials are present must comply with all of the requirements of this section and sections B11-382 through B11-385.
(a) Piping.
(1) Piping for Class I materials must be designed and fabricated from materials compatible with the material to be contained. Piping must be of strength and durability sufficient to withstand the pressure, structural and seismic stress and exposure to which it may be subjected, as required by the currently adopted version of the Uniform Building Code.
(2) Secondary containment must be provided for piping for Class I materials. The secondary containment must be capable of directing a sudden release into an approved discharge treatment system and must be monitored continually with a continuous gas monitoring system approved by the director. Secondary containment includes, but is not limited to, double walled piping. Secondary containment for piping under sub-atmospheric conditions may not be required if the piping is equipped with an alarm and cylinder fail-safe-to-close valve activated by a loss of vacuum.
(b) Automatic Shutoff. An automatic shutoff valve, which is of fail-safe-to- close design, must be provided. Each of the following must activate automatic shutoff:
(1) Gas detection at PEL in occupiable areas; at ½ IDLH (or 0.05 LC50 if no established IDLH) in unoccupiable areas;
(2) Manual activation of emergency shutoff valves, from remote locations;
(3) Failure of emergency power;
(4) Seismic activity;
(5) Failure of primary containment;
(6) Activation of manual fire alarm;
(7) Failure of required exhaust flow ventilation rate.
(c) Emergency Control Station. Signals from emergency equipment must be transmitted to an emergency control station, which is continually staffed by trained personnel. Continual staffing must not be required during periods when regulated materials have been purged from all process piping and equipment and are no longer being used or dispensed.
Section B11-382. Class II controls.
Materials which are classified as Class II materials must be provided with the controls specified in this section and sections B11-383 through B11-385.
(a) Connections.
(1) Piping and tubing for Class II materials must be installed in accordance with appropriate nationally recognized standards, if any, approved by the director and must have welded connections compatible with the regulated material throughout unless an exhausted enclosure is provided.
(2) Material which is not compatible with ferrous piping may be installed in nonferrous piping approved by the director.
(3) Where connections other than welding connections meet appropriate nationally recognized industry standards, if any, a person responsible for a facility may seek an exception from the director, by filing a request for exception with the director. A request for exception and a fee as set by the schedule of fees as adopted by the department must be filed with the director for approval. The request must document the standards and reason for the exception.
(b) Local Gas Shutoff.
(1) Manual activation controls must be provided at locations near the point of use and near the source, as approved by the director.
(2) The director may require additional controls at other places, including but not limited to the entry to the building, the area in the building where regulated materials are stored or used and emergency control stations.
(3) Manually activated shutoff valves must be of fail-safe-to-close design.
(c) Emergency Power. Emergency power must be provided for:
(1) Exhaust ventilation, including the power supply for treatment systems;
(2) Gas detection systems;
(3) Emergency alarm systems;
(4) Temperature control systems which comply with the Fire Code. 
(d) Excess Flow Control.
(1) Portable tanks and cylinders containing Class II material must be provided with excess flow control.
(2) Excess flow control must be permanently marked to indicate the maximum design flow rate.
(e) Gas Detection. A continuous gas detection system must be provided to detect the presence of a gas at or below the permissible exposure limit in occupiable areas and at or below 1/2 IDLH (or 0.05 LC50 if no established IDLH) in unoccupiable areas. The detection system must initiate a local alarm and transmit a signal to a continually staffed remote location (to provide an immediate response to an alarm). The alarm must be both visual and audible and must be designed to provide warning both inside and outside of the interior storage, use or handling area. The audible alarm must be distinct from all other on-site alarms.
(f) Exhaust Ventilation Monitoring. A continuous monitoring system must be provided to assure that the required exhaust ventilation rate is maintained. The monitoring system must initiate a local alarm. The alarm must be both visual and audible and designed to provide warning both inside and outside of the interior storage, use or handling area.
(g) Seismic Shutoff Valves. A seismically activated valve meeting standards approved by the director must be provided for an automatic shutoff of regulated materials.
(h) Class II Corrosives. Inert construction materials must be used for the primary containment of Class II regulated materials which are corrosive. Alternatively, secondary containment must be provided for Class II materials which are corrosive.
(i) Emergency Alarms. When materials regulated by this chapter are transported through exit corridors or exit enclosures, there must be an emergency telephone system or a local manual alarm station or a signaling device approved by the director at not more than one hundred fifty foot intervals and at each exit doorway throughout the transport route. The signals must be relayed to an approved central, proprietary or remote station service or a constantly attended on-site location and must also initiate a local audible alarm.
Section B11-383. Class III controls.
Materials which are classified as Class III materials must be provided with the controls specified in this section and sections B11-384 and B11-385.
(a) Piping, Valves and Fittings.
(1) Piping, valves, fittings and related components must be designed and fabricated from materials compatible with the material to be contained. They must have strength and durability sufficient to withstand the pressure, structural, seismic and any other stress and exposure to which they may be subjected.
(2) Expansion chambers must be provided between valves whenever appropriate in accordance with nationally recognized standards approved by the director. Chambers must be sized to provide protection for piping, valves and instrumentation and to accommodate the expansion of regulated materials.
(b) Signage.
(1) Stationary above-ground tanks must be placarded with hazard identification signs as specified in the Fire Code, Standard 79-3, for the specific material contained.
(2) Signs prohibiting smoking must be posted in indoor storage, use and handling areas and within twenty-five feet of outdoor storage, use and handling areas, except within buildings designated as "No Smoking" buildings.
(c) Signs must not be obscured or removed.
(d) Signs must be in English and other such languages as may be appropriate, as determined by the director.
(e) Signs must be durable.
(f) The size, color and lettering must be in conformance with nationally recognized standards determined by the director to be applicable to the regulated material.
(g) Inert Gas Purge System. Gas systems for regulated materials must be provided with individually dedicated inert gas purge systems (e.g., nitrogen, helium, argon and neon). A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems must be located in an approved gas cabinet unless the system operates by vacuum demand.
Section B11-384. Minimum threshold quantity controls.
Materials which do not exceed the minimum threshold quantity, must be provided with controls specified in this section and section B11-385.
(a) Exhaust ventilation.
(1) Storage of cylinders must be within ventilated gas cabinets, exhausted enclosures or within a ventilated separate gas storage room as defined in the Fire Code.
(2) Storage of portable and stationary tanks must be within a separate ventilated room without other occupancy or use.
(3) If gas cabinets are provided, the room or area in which they are located must have inde-pendent exhaust ventilation when properly exhausted cabinets are not utilized.
(4) Exhaust systems for gas cabinets, exhausted enclosures and separate gas storage rooms must be designed to handle the accidental release of gas. Such exhaust systems must be capable of diluting, adsorbing, neutralizing, burning or otherwise processing the entire contents of the single tank or cylinder of gas which presents the highest potential hazard.
(5) Systems utilized for such processing must be designed as a treatment system, as described in subsection (c) of this section, below. If a total containment system is utilized, the system must be designed to handle the maximum anticipated pressure of release to the system when the system reaches equilibrium.
(b) Gas Cabinets. When gas cabinets are provided, they must be:
(1) Operated at negative pressure in relation to their surrounding area;
(2) Provided with self-closing limited access ports or fire-rated windows to give access to equipment controls. The average velocity of ventilation at the face of access ports or windows must be not less than two hundred feet per minute (FPM) with a minimum of one hundred fifty FPM at any point of the access port or window;
(3) Connected to a treatment system;
(4) Provided with self-closing doors;
(5) Constructed of steel with a thickness of not less than twelve gauge.
(c) Treatment Systems.
(1) Treatment systems must be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures or separate storage rooms. Treatment systems must be designed to reduce the maximum allowable discharge concentration of the gas to one-half (1/2) IDLH (or 0.05 LC50 if no established IDLH) at the point of discharge to the atmosphere as specified below.
(2) When more than one gas may be emitted to the treatment system, the treatment system must be designed to handle the worst-case release based on the release rate, the quantity and the IDLH (or 0.1 LC50 if no established IDLH) for all the gases stored or used.
(3) In the event that a revised IDLH is published, the director will establish a new timetable for existing facilities to upgrade their treatment systems to meet the revised IDLH value.
(d) Treatment Systems Sizing. Treatment systems must be sized to process the worst-case release of each gas based on the maximum flow rate of release from the cylinder or tank utilized which presents the highest potential hazard. The entire contents of tanks and cylinders must be considered.
(e) Stationary Tanks.
(1) Stationary tanks must be labeled with the maximum rate of release for the gas contained based on any valves or fittings that are inserted directly into the tank.
(2) If multiple valves or fittings are provided, the maximum flow rate of release for the valve or fitting with the highest flow rate must be indicated.
(3) If liquefied gases are in contact with any valve or fitting, the liquid flow rate must be utilized for purposes of computation of the maximum flow rate of release. All flow rates indicated on the label must be converted to cubic feet per minute of gas at normal temperature and pressure.
(f) Portable Tanks and Cylinders.
(1) For portable tanks and cylinders, the maximum flow rate of release must be calculated based on the actual release data or calculations using actual valve manufacturer's specifications. When this data is not available, the maximum flow rate of release will be calculated based on the total release from the cylinder or tank within the time specified in the table below:

 Container

 Nonliquefied (Minutes)

 Liquefied (Minutes)

 Cylinders

 5

 30

 Portable Tanks

 40

 240

(2) When portable tanks or cylinders are equipped with approved reduced flow orifices in the cylinder valve, the worst-case release may be determined by the maximum achievable flow through the orifice as determined by the valve manufacturer or the gas supplier. Reduced flow and excess flow valves must be permanently marked to indicate the maximum design flow rate. Such markings must indicate the flow rate for air under standard conditions. Lettering must be ¼ inch high, minimum , and be in contrast to the color is it printed upon.
(3) When cylinders are manifolded together, the maximum release rate must be the sum of the release rates for all of the manifolded cylinders.
(g) Piping and Controls. All primary piping for regulated materials must pass a helium leak test of 1,000,000,000 cubic centimeters/second where practical, or other nationally recognized standard. Tests must be conducted by a qualified third party not involved with the construction of the piping and control systems.
Section B11-385. Exterior storage.
(a) General. Persons responsible for a facility where there is exterior storage of any regulated material must comply with the provisions of this section and the currently adopted version of the Uniform Building Code.
(b) Distance Limitation to Exposures. Exterior storage of regulated materials must not be within seventy-five feet of a building, structure, property line, street, alley, public way or exit to a public way unless the storage is shielded by a structure which has a minimum fire-resistive rating of two hours and which interrupts the line of sight between the storage and the exposure. The shielding structure must be at least five feet from any exposure.
(c) Openings in Buildings Subject to Exposure. When an exterior storage area is located within seventy-five feet of a building, no openings into the building, other than piping, must not be above the height of the top of the shielding structure referred to in subsection (b) of this section, above, or within fifty feet horizontally from the exterior storage area, whether or not protected by a shielding structure.
(d) Air Intakes. No exterior storage area for regulated materials can be within seventy-five feet of any air intake.
(e) Canopies. Portable tanks and cylinders stored outside of buildings must be stored under a canopy constructed of noncombustible materials. Such exterior storage will not be considered indoor storage. An automatic fire sprinkler system, or alternative systems as determined by the fire chief or his designee for materials incompatible with water, must be provided for canopies installed for the storage of regulated materials.
(f) Stationary Tank Controls. Controls on stationary tanks must be in accordance with the following:
(1) Pressure relief devices must be vented to a treatment system designed in accordance with the provisions of section B11-384(c).
(2) Where filling or dispensing connections are provided, they must be provided with a means of local exhaust. Such exhaust must be designed to capture fumes and vapors. The exhaust must be directed to a treatment system designed in accordance with the provisions of section B11-384(c).
(3) Stationary tanks must be provided with a means of excess flow control on all tank inlet or outlet connections. Inlet connections that are designed to preclude backflow and pressure relief devices are exempt from this requirement.
(g) Gas Cabinets for Leaking Cylinders.
(1) At least one gas cabinet or exhausted enclosure must be provided for the handling of leaking cylinders. The cabinet or enclosure must be within or adjacent to the exterior storage area and connected to a treatment system as specified in section B11-384(c).
(2) A gas cabinet or exhausted enclosure need not be provided for leaking cylinders if all cylinders are stored within gas cabinets or exhausted enclosures and the exhaust is directed to a treatment system designed in accordance with the provisions section B11-384(c).
(3) Encapsulating equipment or other equipment designed to contain high-pressure cylinders and their contents as approved by the fire chief or his designee must be acceptable in meeting the intent of this section in lieu of gas cabinets or exhausted enclosures.
(h) Local Exhaust for Leaking Portable Tanks.
(1) A means of local exhaust must be provided to capture regulated material leaking from portable tanks. The local exhaust may consist of portable ducts or collection systems designed to be applied to the site of a leak in a valve or fitting on the tank. The local exhaust system must be connected to a treatment system as specified in section B11-384(c).
(2) A local exhaust system must be provided within or immediately adjacent to every storage area and within separate gas storage rooms used for portable tanks.
Section B11-386. Tank cars and piping.
(a) The provisions of this chapter do not apply to tank cars which meet all requirements of the U.S. Department of Transportation, while such tank cars are used for the transportation and unloading of regulated material, as such terms are used in the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq. "Unloading" does not include the use of tank cars to store regulated materials.
(b) The provisions of this chapter apply to piping and control systems, automatic shutoff valves, emergency control stations, gas detection systems, treatment systems and alarm systems used with piping which connects tank cars to facilities for the unloading and delivery of regulated material, and to tank cars used to store regulated materials.

ARTICLE 5. PERMITS

Section B11-390. Permits and system upgrades.
(a) General: No person may store, dispense, use or handle any regulated material in excess of an exempt amount at a facility unless a compliance plan and a plan review fee have been submitted to the department and an operating permit for the facility has been issued pursuant to this chapter. The specific requirements for obtaining an operating permit will be established by the director. A fee may be charged in connection with the filing of a compliance plan and the issuance of the operating permit as provided for by resolution of the board of supervisors.
(b) The extent of system upgrades will be determined by the following conditions:
(1) If a permit is required for a piping modification, then upgrading of the entire system for that gas will be required.
(2) If a permit is not required for piping modification, such as for connecting an existing piping system to a new piece of equipment, then upgrading of the entire system will not be required.
Section B11-391. Closure.
(a) It is unlawful for any person to abandon, remove or close a facility or other area regulated by this chapter until a closure plan has been submitted to and approved by the director.
(b) A closure plan and a closure plan review fee as set by the schedule of fees as adopted by the Board of Supervisors must be submitted by a responsible person to the department at least thirty days prior to facility closure. The property owner of the property upon which the regulated materials are stored will be responsible for the closure in the event that the regulated materials are abandoned or when the permittee has not complied with all provisions of this section. The closure plan must demonstrate to the satisfaction of the director that regulated materials which are or have been stored, dispensed, handled or used in the facility will be transported, disposed of or reused in a manner consistent with public health and safety. The director may waive all or part of the thirty day period upon a finding of good cause.

ARTICLE 6. RESPONSIBILITIES

Sec. B11-395. Reporting unauthorized discharge.
A person responsible for a facility must, as soon as he or she has knowledge of an unauthorized discharge from or at such facility, immediately notify the local fire agency and the director of such discharge.
Sec. B11-396. Indemnification.
The permittee must indemnify, hold harmless and defend the county against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with the permittee's operations under this permit, except as arises from the county's sole willful act or sole active negligence.

ARTICLE 7. ENFORCEMENT

Section B11-400. Civil Penalties.
(a) Any person conducting any activity in violation of the provisions of this chapter or regulations adopted pursuant to this chapter will be liable for a civil penalty not less than five hundred dollars and not to exceed five thousand dollars per day for each violation, which will be assessed and recovered in a civil action by the district attorney or the county counsel. In determining the penalty, the court will consider all relevant circumstances, including but not limited to the following:
(1) The extent of harm or potential harm caused by the violation;
(2) The nature and persistence of the violation;
(3) The length of time over which the violation occurred;
(4) The frequency of past violations;
(5) The permittee's record of maintenance;
(6) Corrective action, if any, taken by the permittee.
(b) In any civil action brought pursuant hereto, in which the county prevails, the court will determine and impose reasonable expenses, including attorneys' fees, incurred by the county in the investigation and prosecution of the action.
Sec. B11-401. Penalty deposits.
Any administrative, civil and/or criminal penalties collected pursuant to this chapter will be deposited into the hazardous materials program account.

 

ARTICLE 8. MISCELLANEOUS

Sec. B11-405. Disclaimer of liability.
The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter does not create liability on the part of the county, any officer or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons 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.

 

 

CHAPTER XV. UNIFIED PROGRAM

ARTICLE 1. GENERAL PROVISIONS

Sec. B11-410. Declaration of findings and intent.
(a) It is determined that hazardous materials and hazardous waste in the community may be deleterious to the environment and the health of individuals who visit, reside or work in the County of Santa Clara if they are exposed to such substances as a result of fires, spills, industrial accidents, releases, emissions or other incidents.
(b) Persons who safely handle, use, store and dispose of hazardous materials and waste benefit the community by protecting the environment and the health and welfare of residents, workers and visitors. It is the intent of the county's board of supervisors that the administration and enforcement of the unified program requirements will facilitate safe management practices with respect to hazardous materials and waste.
(c) The purpose of this chapter is the protection of health, life, resources and property. It is the intent of the county's board of supervisors that the administration and enforcement of the unified program will reduce the likelihood of fires, spills, industrial accidents, releases, emissions or other incidents that could detrimentally affect the lives of residents, visitors and workers and the environment by establishing an inspection procedure, disclosure requirements, and permitting procedures for persons who handle, store, use, and dispose of hazardous materials and waste throughout both the incorporated and unincorporated areas of the County of Santa Clara, excluding the jurisdictions of other Unified Program Agencies.
Sec. B11-411. Authority.
(a) Pursuant to approval by the State of California Environmental Protection Agency (Cal EPA) of the County of Santa Clara Department of Environmental Health's application to serve as the unified program agency (UPA) throughout both the incorporated and unincorporated areas of the County of Santa Clara, excluding the jurisdictions of other unified program agencies, the county assumes authority and responsibility for the unified hazardous waste and hazardous materials management regulatory program (unified program) established by Health and Safety Code, division 20, chapter 6.11, section 25404 et seq. This program consolidates the administration and enforcement of six hazardous materials management programs and ensures the coordination and consistency of any regulations adopted pursuant to such program requirements. The six programs are:
(1) Hazardous Materials Release Response Plans and Inventories (Hazardous Materials Business Plans);
(2) Hazardous Waste Generator and Onsite Hazardous Waste Treatment (Tiered Permit) programs;
(3) Underground Storage Tank program;
(4) Aboveground Storage Act requirements for Spill Prevention Control and Countermeasure (SPCC) Plans;
(5) Uniform Fire Code Hazardous Materials Management Plans and Hazardous Materials Inventory Statements;
(6) California Accidental Release Prevention (CalARP) program.
(b) The County has exclusive, local jurisdiction to administer and enforce the requirements of the unified program throughout both the incorporated and unincorporated areas of the County of Santa Clara, excluding the jurisdictions of other unified program agencies.
(c) This chapter will be implemented and enforced in compliance with the state's unified program requirements, the provisions set forth in subsection (a) of this section, any other applicable laws and regulations, as they may be amended from time to time, and chapters XIII and XIV pertaining to hazardous materials management, including the storage, dispensing, use and handling of toxic gases.
(d) This chapter will be implemented and enforced in accordance with any other requirements which are applicable to the unified program, but are not specifically incorporated by reference in this chapter, any new federal, state or local laws and/or regulations that may be enacted from time to time and any amendments to any such requirements.
(e) The County of Santa Clara Department of Environmental Health is designated as the administering agency responsible for the administration and enforcement of the unified program and this chapter. The director has the authority to take any and all actions that may be necessary for public safety to administer and enforce the unified program requirements and this chapter. All employees designated by the director are authorized to make inspections and take any actions on behalf of the director as may be required to administer and enforce the requirements of the unified program and this chapter.
(f) The director or his/her designee will be the administrator of the unified program and this chapter.
(g) The director may, for purposes consistent with this chapter, undertake actions, including but not limited to public educational programs regarding hazardous materials and waste, the requirements of this chapter, and promotion of pollution prevention, and recycling of waste products.
Sec. B11-412. Program list and code sections.
The following provisions of the California Health and Safety Code and applicable regulations, as they may be amended from time to time, which establish the requirements of the six hazardous materials and waste management programs that are consolidated by the unified program hereby are incorporated by reference as if fully set forth herein:
(a) Health and Safety Code, division 20, chapter 6.5, section 25100 et seq. Hazardous waste generator requirements, including enforcement and implementation of the onsite hazardous waste treatment and tiered permitting program;
(b) Health and Safety Code, division 20, chapter 6.67, sections 25270.2, 25270.4, and 25270.5(c). Aboveground petroleum storage tanks (spill prevention control and countermeasure plan);
(c) Health and Safety Code, division 20, chapter 6.7, section 25280 et seq. Underground storage of hazardous substances;
(d) Health and Safety Code, division 20, chapter 6.95, article 1, section 25501 et seq. Hazardous materials release response plans and inventories, commonly referred to as Hazardous Materials Business Plans and Hazardous Materials Area Plans.
(e) Health and Safety Code, division 20, chapter 6.95, article 2, section 25531 et seq. Requirements concerning acutely hazardous materials, commonly referred to as the California accidental release prevention program (CalARP); and
(f) Section 80103 of the Uniform Fire Code, subdivisions (b) and (c) as adopted by the State Fire Marshal pursuant to Health and Safety Code, section 13143.9, California Fire Code requirements concerning hazardous material management plans and inventories.
Sec. B11-413. Definitions.
In addition to the definitions in chapter I, The following are defined for purposes of this chapter:
(a) County UPA means the County of Santa Clara Department of Environmental Health.
(b) Hazardous Waste means hazardous waste as defined in the Hazardous Waste Control Law (section 25117 of chapter 6.5, division 20, California Health and Safety Code).
(c) Participating Agency or PA means a local agency that has a formal agreement with the UPA to implement and enforce a program element as part of the Unified Program.
(d) Program Element means a program listed in California Health and Safety Code, section 25404(c), or it may be a program other than those mandated in Health and Safety Code, section 25404(c) which is voluntarily consolidated into a Unified Program, to be carried out in conjunction with a program listed in section 25404(c).
(e) Risk Management Plan means a plan that summarizes the results of hazard assessments and analyses and the implementation of the risk management program requirements as prescribed under Part 68 (commencing with section 68.1) of subchapter C of chapter I of Title 40 of the Code of Federal Regulations.
(f) Unified Program means the consolidation of the following six environmental programs into one program under the authority of a unified program agency:
(1) Hazardous Materials Release Response Plans and Inventories (Hazardous Materials Business Plans),
(2) Hazardous Waste Generator and Onsite Hazardous Waste Treatment (Tiered Permit) programs,
(3) Underground Storage Tank program,
(4) Aboveground Storage Act requirements for Spill Prevention Control and Countermeasure (SPCC) Plans,
(5) Uniform Fire Code Hazardous Materials Management Plans and Hazardous Materials Inventory Statements,
(6) California Accidental Release Prevention (CalARP) program.
(g) Unified Program Agency or UPA means a local agency that has been certified by the California Environmental Protection Agency to implement the Unified Program within the local agency's jurisdiction.
(h) Unified Program Facility Permit means a permit as defined in Section 25404(a)(5) of the California Health and Safety Code.

ARTICLE 2. PERMITS

Sec. B11-420. Unified program facility permit.
Permits required in this chapter will be consolidated as a Unified Program Facility Permit as required by Section 15100, Title 27, California Code of Regulations.
Sec. B11-421. CalARP facility permit.
(a) Any person who owns/operates a facility for which the County UPA determines that a Risk Management Plan (RMP) must be prepared and submitted to the county for review is required under this chapter to obtain a permit from, and to pay prescribed permit fees to, the County UPA or its designee.
(b) No person may engage in the activity of handling onsite any regulated material which requires an RMP as referred to in subsection (a) of this section, unless the person has a valid permit issued by the director pursuant to the provisions of this division for each facility storing such regulated material(s).
(c) Application for a new, amended or renewed permit or an additional approval must be made to the County UPA on the form(s) approved by the director.
Sec. B11-422. Hazardous waste generator permit.
(a) Any person who generates hazardous waste is required under this chapter to obtain a permit from, and to pay prescribed permit fees to, the County UPA or the appropriate Participating Agency.
(b) No person may engage in the activity of generating hazardous waste unless the person has a valid permit issued by the director pursuant to the provisions of this division for each facility.
(c) Application for a new, amended or renewed permit or an additional approval must be made to the County UPA on the form(s) approved by the director.
Sec. B11-423. Hazardous waste onsite treatment permit.
(a) Any person who generates and treats their own hazardous waste onsite, pursuant to section 25200.3 of the California Health and Safety Code, is required under this chapter to obtain a permit from, and to pay prescribed permit fees to, the County UPA or the appropriate Participating Agency.
(b) No person may perform onsite treatment of hazardous waste generated onsite unless the person has a valid permit issued by the director pursuant to the provisions of this division for each facility.
(c) Application for a new, amended or renewed permit or an additional approval must be made to the County UPA or appropriate Participating Agency, if applicable, on the form(s) required by state regulation and approved by the director.
Sec. B11-424. Underground storage tank permit.
(a) The owner or operator of any underground storage tank (UST) system which contains a hazardous substance and is regulated pursuant to California Health and Safety Code, division 20, chapter 6.7, is required under Health and Safety Code, sections 25284(a) and 25287, and this chapter to obtain a permit from, and to pay prescribed permit fees to, the County UPA or the appropriate Participating Agency.
(b) Application for a new, amended or renewed permit or an additional approval must be made to the County UPA or appropriate Participating Agency, if applicable, on the form(s) required by state regulation and approved by the director.

ARTICLE 3. ENFORCEMENT

Sec. B11-430. General.
In addition to the enforcement provisions in chapter I of this division, the following penalties may apply.
Any person who violates the requirements of this chapter may be liable for criminal penalties to the full extent provided by state law, and this chapter. Such liability may include, but will not be limited to, liability for administrative civil penalties as provided in California Health and Safety Code, sections 25187 and 25514.5. The remedies provided for under this section are in addition to any the County or any person might have under other applicable laws.
Section B11-431. Civil Penalties.
Any person or persons conducting any activity in violation of the provisions of this chapter or regulations adopted pursuant to this chapter will be liable for a civil penalty not less than five hundred dollars and not to exceed five thousand dollars per day for each violation, which will be assessed and recovered in a civil action brought by the district attorney or the county counsel. In determining the penalty, the court may consider all relevant circumstances, including but not limited to the following:
(a) The extent of harm or potential harm caused by the violation;
(b) The nature and persistence of the violation;
(c) The length of time over which the violation occurred;
(d) The frequency of past violations;
(e) The permittee's record of maintenance;
(f) Corrective action, if any, taken by the permittee.
In any civil action brought pursuant hereto, in which the county prevails, the court will determine and impose reasonable expenses, including attorneys' fees, incurred by the county in the investigation and prosecution of the action.
Sec. B11-432. Penalty deposits.
Any administrative, civil and/or criminal penalties collected pursuant to this chapter will be deposited into the hazardous materials program account.

ARTICLE 4. MISCELLANEOUS

Sec. B11-440. Disclaimer of liability.
The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter does not create liability on the part of the county, any officer or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons 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.
Sec. B11-441. Relation to existing laws.
The disclosure of hazardous materials information in accordance with the provisions of this chapter will not in any way affect any other liability or responsibility of a handler of hazardous materials or waste with regard to safeguarding the health and safety of any employee, or any other person or the environment.
Sec. B11-442. Indemnification.
The permittee must indemnify, hold harmless and defend the county against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with the permittee's operations under this permit, except as arises from the county's sole willful act or sole active negligence.

 

Disclaimer: The information contained in this document is intended for informational purposes only. It may contain typographical or other errors and/or omissions. For legal research purposes, you should contact the county records office for a current copy of the Ordinance Code.