HomeMy WebLinkAbout38.115 ORDINANCE NO. 38. 115
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
CHAPTER ]7 TO TIlE SARATOGA CITY CODE RELATING TO
HAZARDOUS MATERIALS STORAGE PERMITS
The City Council of the City of Saratoga does ordain as follows:
SECTION 1:
The City Council finds and declares as follows:
(a) A number of facilities in the City of Saratoga store hazardous
materials in the normal course of conducting their operations; and
(b) The public health, safety, and welfare of the citizens of the City may
be endangered by the improper storage of such hazardous materials; and
(c) It is necessary for protection of all citizens that the storage of
hazardous materials be regulated.
SECTION 2:
Chapter 17 (commencing with Section 17-1) is hereby added to the Saratoga
City Code, to read as follows:
CHAPTER 17.
HAZARDOUS MATERIAL STORAGE PERMITS
ARTICLE I
General Provisions
Sec. 17-1. 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.
See. 17-2. Administration and Enforcement.
The City of Saratoga hereby delegates to the County of Santa Clara,
acting by and through such officers, employees, boards, commissions, agents, or other
representatives as may be designated by said County, the duty and responsibility to
administer and enforce the provisions of this Ordinance. The County of Santa Clara is
further authorized to establish and collect fees and other charges payable by
applicants and permittees hereunder and the County may retain such fees and charges
to compensate itself for the costs of admi~istering and enforcing this Ordinance.
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Sec. 17-3. General Obligation - Safety and Care.
(a) No person, firm or corporation shall 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 County shall have discretion to exempt an applicant from
any specific requirements of this Chapter, other than the requirement for secondary
containment in underground storage facilities, except as provided in Seetion 17-11(c)(4),
or to require an 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. 17-4. Specific Obligation.
(a) Any person, firm, or corporation which stores any material
regulated by Section 17-7 which is not excluded by Section 17-8 shall obtain and keep
current a Hazardous Materials Storage Permit.
(b) All such hazardous materials shall be contained in conformity
with Article III of this Chapter.
(c) The storage of such hazardous materials shall be in
conformante with the approved Hazardous Materials Management Plan.
See. 17-5. Definitions.
Unless otherwise expressly stated, whenever used in this Chapter, the
following terms shall have the meanings set forth below:
(a) Abandoned, when referring to a storage facility, means out of
service and not safeguarded in compliance with this Chapter.
(b) County means the County of Santa Clara.
(c) Facility means a building or buildings, appurtenant structures,
and surrounding land area used by a single business entity at a single location or site.
(d) Hazard class means Explosives A, Explosives B, Explosives C,
Blasting agents, Flammable liquids, Combustible liquids, Flammable solids, Oxidizers,
Organic peroxides, Corrosive materials, Flammable gases, Nonflammable gases,
Poisons A, Poisons B, Irritating materials, Etiologic agents, Radioactive materials,
Other Regulated Material (ORM) A, B, C, D and E. For purposes of this Chapter, the
U.S. Department of Transportation (DOT) definitions in 49 CFR Part 173 as amended
shall be utilized; however, whenever the definitions in 49 CFR 173 refer to transporta~
tion or hazards associated with transportation, they shall be deemed to refer to
storage or other regulated activity under this Chapter.
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(e) Hazard material means any material which is subject to regula-
tion pursuant to Article II of this Chapter. A mixture shall be deemed to be hazardous
material if it either is a waste and contains any material regulated pursuant to Article
II of this Chapter, or is a nonwaste and contains one percent (1%) by volume or more of
any material regulated pursuant to Article II of this Chapter.
(f) Officer means the employee assigned by County 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) Permittee means any person, firm, or corporation to whom a
permit is issued pursuant to this Chapter and any authorized representative, agent or
designee of such person, firm or corporation.
(j) 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.
(k) 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.
(1) 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 shall be
made of a material that is not subject to physical or chemical deterioration by the
hazardous material being contained.
(m) Secondary containment means the level of containment
external to and separate from the primary containment.
(n) Single-walled means construction with walls made of but one
thickness of material. Laminated, coated, or clad materials shall be considered as
single-walled.
(o) 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.
(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
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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.
(s) City Manager means the City Manager of the City of Saratoga.
Sec. 17-6. Professional Assistance for County Determinations.
Whenever the approval or satisfaction of County may be required in
this Chapter for a design, monitoring, testing or other technical submittal by an
applicant or permittee, County may, in its 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 County, for the purpose of evaluating and rendering a
professional opinion respecting the adequacy of such submittal to achieve the purposes
of this Chapter. County shall be entitled to rely on such evaluation and/or opinion of
such engineer, chemist or professional consultant in making the relevant determina-
tions provided for in this Chapter.
ARTICLE ]]
Materials Regulated
Sec. 17-7. Materials Regulated.
The materials regulated by this Chapter, shall consist of the
following:
(a) Any material listed as a hazardous and/or extremely hazardous
material or hazardous and/or extremely hazardous waste in Sections 66680 and 66685
of Title 22 of the California Administrative Code, 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 Administrative Code Section 339, as
amended, excluding all footnotes thereto and subject to the exclusions specified in this
subsection. Such exclusions shall apply only to materials which are not otherwise
regulated pursuant to this Section 17-7. These exclusions shall be as follows:
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(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-tert-Butyl-2-
chlorophenyl-methyl methylphosphoramidate; Camphor; Carbon
black; 2-Chloro-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; Phynyl ether-diphenyl
(eutectic mixture), vapor; Phthalic anhydride; m-Phthalodinitrile;
Poyltetrasluoreoethylene 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).
(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 require-
ments 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 shall not
establish a requirement to test for the purposes of this Chapter.
Sec. 17-8. Exclusions.
This Chapter does not apply to the following:
(a) Certain Elemental Metals.
The following elemental metals included within the purview of
Section 17-7 shall 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 shall 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.
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(d) Work Station.
Hazardpus materials located at a work station in a quantity
reasonably required for use as determined by County under the circumstances.
(e) Exemption.
The County shall exempt any material from the requirements of
this Chapter where it has been demonstrated to the satisfaction of County 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.
Sec. 17-9. Underground Tanks.
Notwithstanding Section 17-8 above and in addition to those materials
regulated pursuant to Section 17-7 above, a permit shall be required for the storage in
an underground storage tank as defined by California Health and Safety Code Section
25280(m), of any material defined as a hazardous substance, in accordance with
California Health and Safety Code Section 25280(c).
ARTICLE IH
Containment Standards
Sec. 17-10. Containment of Hazardous Materials.
No person, firm, or corporation shall store any hazardous materials
regulated by this Chapter until a permit of approval has been issued pursuant to this
Chapter. No permit or approval shall be granted pursuant to this Chapter unless
permit applicant demonstrates to the satisfaction of County, 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 or modification, closure, and
removal shall be to the satisfaction of County. County shall have the discretion to
exempt an applicant from any specific requirement, except that the discretion with
regard to underground storage facilities shall be exercised in accordance with
Subsection 17-11(c)(4) below; or to impose reasonable additional or different require-
ments in order to better secure the purpose and general obligation of this Chapter for
protection of public health, safety, and welfare. The guidelines approved pursuant to
Section 17.70 shall serve as an interpretation of the provisions of this Article addressed
in such guidelines.
Sec. 17-11. New Storage Facilities.
(a) No person, firm or corporation shall 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 presssure (STP) shall
be designed and constructed with a monitoring system capable of detecting that the
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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 County. Where secondary
containment may be subject to the intrusion of water, a means of monitoring and for
safely removing such water shall be provided.
Whenever monitoring devices are provided, they shall, where
applicable, be connected to attention-getting visual and/or audible alarms.
(c) Containment P~equirements.
Primary and secondary levels of containment shall be 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
County.
(1) All primary containment shall be product-tight.
(2) Secondary containment:
(i) All secondary containment shall 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 hazardus material.
(ii) In the case of an installation with one primary
container, the secondary containment shall be large enough to
contain at least 110% of the volume of the primary container.
(iii) In the case of a storage facility with multiple
primary containers, the secondary eontainer shall be large
enough to contain 150% of the volume of the largest primary
container placed in it, or 10% of the aggregate internal volume
of all primary containers in the storage facility, whichever is
greater.
(iv) If the storage facility is open to rainfall, then the
secondary containment must be able to additionallly
accommodate the volume of a twenty-four (24) hour rainfall as
determined by a one hundred (100) year storm history.
(3) Laminated, coated, or clad materials shall be considered
single-walled and shall not be construed to fulfill the requirements of
both primary and secondary containment.
(4) Variance.
(i) A variance from the requirement for secondary
containment for an underground storage facility may be granted
upon a written finding by the officer issuing the permit, which
has been reviewed and approved by the County Board of
Supervisors, that based on the special circumstances:
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The requirement of secondary containment creates
an unusual and particular hardship; and
An equivalent degree of protection is provided by
the proposed alternative; and
The proposed alternative has been appropriately so
certified as providing an equivalent degree of pro-
tection, by an independent consultant retained in
accordance with Section 17.6, or has been specified
as potentially appropriate for a variance in the
guidelines approved pursuant to Section 17.70.
(ii) The County Board of Supervisors shall consider the
variance, at a public meeting, at which oral or written
presentation on the matter may be made. A notice which
includes a statement that a variance from secondary contain-
ment for hazardous materials will be considered, and which
specifies the address of the facility seeking the variance, and
the time and place of the meeting shall be given in the
following manner:
The Clerk of the Board shall cause a copy of the
notice to be published once in a newspaper of
general circulation in the City of Saratoga, not less
than ten (10) days prior to the meeting; and
The Clerk of the Board shall cause a copy of the
notice to be mailed at least ten (10) days prior to the
meeting to any party who files a written request
with the Clerk of the Board, for mailed notice of
meetings at which such variance is to be considered.
Such written request for notice shall be valid for
one year from the date on which it is filed unless a
renewal request is filed. Renewal request for such
mailed notices shall be filed on or before April 1st of
each year. A copy of the notice shall also be mailed
at least ten (10) days prior to the meeting to the
City Manager.
(5) Variance - Construction and Monitoring Requirements.
Underground storage tanks may be granted a variance from the
standards for construction and monitoring set forth in this Article,
other than from the requirement for double containment, only upon a
written finding by the officer issuing the permit that the applicant
has demonstrated by clear and convincing evidence:
(i) That because of special circumstances not
generally applicable to other property or facilities, including
size, shape, design, topography, location, or surroundings, the
strict application of the standards of this Chapter would be
unnecessary to adequately protect soil and water from an
unauthorized release; or
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(ii) That strict application of the standards of this
Chapter would increase practical difficulties not generally
applicable to other facilities or property; and that the proposed
alternative will adequately protect soil and water from an
unauthorized release.
(d) Overfill Protection.
Means of overfill protection may be required for any primary
container. 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 shall 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 precipi-
tation or infiltration, the facility shall contain a means of removing the water by the
owner or operator. This removal system shall 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.
Sec. 17-12. Existing Storage Facilities.
Any storage facility in existence as of the effective date of this
Chapter, 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 17-11, 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 County 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, shall be submitted to County as
part of the Hazardous Materials Management Plan.
(b) Monitoring under such plan shall 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 County.
(c) Alternative method(s) of monitoring may include but are not
limited to: pressure testing, vacuum testing or hydrostatic testing of the piping
systems or underground storage tanks; groundwater monitoring well(s) which are
downgradient 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 shall be approved by the County.
(d) Such monitoring devices and methods, as approved by County,
shall be installed and operating within six (6) months of the issuance of a provisional
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permit in accordance with Sections 17-39 and 17-73(b)(1). County may grant an
extension of this compliance date, but not beyond January 1, 1985, or the deadline date
specified in Section 25284.1 of the Health and Safety Code, whichever is later. The
full term permit may be issued when compliance with this subsection has been
achieved.
(e) The continued use of, and permit approval for, existing storage
facilities is subject to review and modification or termination by County whenever
there has been any unauthorized discharge. It shall also be reviewed by County each
time the permit is renewed. In determining whether continued storage in such storage
facility is suitable, County shall 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 unautho-
rized discharge, and the suitability of other long term prevention measures which meet
the intent of this Chapter.
(f) Existing storage facilities which are not approved in accordance
with this Section must be upgraded to comply with this Chapter or be closed in
accordance with Section 17-13 below within one (1) year of a decision not to issue a full
term permit. An extension of time for compliance with this Subsection, not to exceed
one (1) additional year, may be granted by County.
See. 17-13. Out of Service Storage Facilities.
(a) No storage facility shall 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
County in accordance with Section 17-42.
(d) Any person, firm or corporation 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 shall make a reasonable effort to locate
such storage facility within six (6) months of the effective date of this Chapter.
(e) Whenever an abandoned storage facility is located, a plan for
the closing or removing or the upgrading and permitting of such storage facility shall
be filed within ninety (90) days of its discovery. A closure plan shall conform to the
standards specified in Section 17-42.
See. 17-14. Monitoring.
(a) Monitoring Methods.
Monitoring methods shall 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 shall be provided. Visual inspection of the primary
containment is the preferred method; however, other means of monitoring may be
required by County. Where secondary containment may be subject to the intrusion of
water, a means of monitoring for such water shall be provided.
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Whenever monitoring devices are provided, they shall, where
applicable, be connected to attention-getting visual and/or audible alarms.
(b) Monitoring~ Testing and Inspection.
Every permittee under this Chapter shall provide testing,
monitoring (if applicable), and inspections in compliance with the Hazardous Materials
Management Plan and shall maintain records adequate to demonstrate compliance
therewith.
Sec. 17-15. Maintenance~ Repair or Replacement.
(a) Permittee will 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 shall be in accordance with plans to be
submitted to County and approved in accordance with Section 17-42 prior to the
initiation of such work.
(c) 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 (5) working days after such emergency repairs
have been started, permittee shall seek approval pursuant to Section 17-42 by
- submitting drawings or other information adequate to describe the repairs to County.
(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 17-11.
See. 17-16. Handling.
(a) Dispending 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 shall remain in the travel path only for the time reasonably necessary to
transport the hazardous material and such movement shall be in a manner which will
not result in an unauthorized discharge.
Sec. 17-17. Secured Facilities.
Access to the storage facilities shall be secured by means of fences
and/or locks. The access to the storage facilities shall be kept securely locked when
unattended.
See. 17-18. Emergency Equipment.
Emergency equipment shall be provided which is reasonable and
appropriate for potential emergencies presented by the stored hazardous materials.
Such equipment shall be regularly tested and adequately maintained.
See. 17-19. Posting of Emergency Procedures.
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Simplified emergency procedures shall be posted conspicuously in
locations where hazardous materials are stored.
ARTICLE IV
Hazardous Materials Management Plan
Sec. 17-20. Hazardous Materials Management Plan.
Each applicant for a permit pursuant to this Chapter shall file a
written plan, for County approval, to be known as a Hazardous Materials Management
Plan (HMMP), which shall demonstrate the safe storage and handling of hazardous
materials. The HMMP may be amended at any time with the consent of County. The
HMMP shall be a public record except as otherwise specified. Approval of the HMMP
shall mean that the HMMP has provided adequate information for the purposes of
evaluating the permit approval. Such approval shall not be understood to mean that
County has made an independent determination of the adequacy of that which is
described in the HMMP.
See. 17-21. Standard Form HMMP.
The standard form Hazardous Materials Management Plan must be
submitted unless the facility qualifies as a minimal storage site under Section 17-22
below. The HMMP shall include the following:
(a) Facility Description.
(1) General Information.
The HMMP shall contain the name and address of the
facility and business phone number of applicant, the name and titles
and emergency phone numbers of the primary response person and an
alternate, the number of employees, number of shifts, hours of
operation, and principal business activity.
(2) General Facility Description.
The HMMP shall contain a map drawn at a legible scale
and in a format and detail determined by County. It shall show the
location of all buildings and structures, chemical loading areas,
parking lots, internal roads, storm sewer drains, and shall specify the
uses of adjacent properties.
The County may also require information as to the
location of wells, flood plains, earthquake faults, surface water
bodies, and/or general land uses (schools, hospitals, institutions,
residential areas) within one mile of the facility boundaries.
(3) Facility Storage Map.
The HMMP shall contain a Facility Storage Map at a
legible scale for licensing and enforcement purposes. The informa-
tion in this Section is provided for purposes of ensuring the suitable
and secure ~torage of hazardous materials and for the protection and
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safety of response personnel of County. County shall take reasonable
precautions to ensure the confidentiality of the information provided
pursuant to this Subsection.
The Facilities Storage Map shall 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 shall 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 shall contain informa-
tion as prescribed below; except that where the hazardous material
being stored is a trade secret, it shall 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 and the permit quantity limit;
(ii) For each nonwaste hazardous material which is
stored in a quantity greater than the quantities specified in
Section 17-24(a), the general chemical name, common/trade
name, major constituents for mixtures, United Nations (UN) or
North America (NA) number, if available, and physical state.
For each waste hazardous material stored in any quantity
within the storage facility, the presence of wastes shall also be
indicated;
(iii) For all hazardous materials, including wastes, stored
in each facility, the hazard class or classes and the quantity
range for each such class, aggregated within each storage
facility, in the following ranges:
Quantity Range Number Range Amounts
I Up to and including 500 pounds for solids, 55 gallons
for liquids, and 200 cubic feet at STP for
compressed gases;
2 Between 500 and 5,000 pounds for solids, 55 and 550
gallons for liquids, and 200 and 2,000 cubic feet at
STP for compressed gases;
3 Between 5,000 and 25,000 pounds for solids, 550 to
2,750 gallons for liquids, and 2,000 to 10,000 cubic
feet at STP for compressed gases;
4 Between 25,000 and 50,000 pounds for solids, 2,750
and 5,500 gallons for liquids, and 10,000 and 20,000
cubic feet at STP for compressed gases;
5 More than 50,000 pounds for solids, 5,500 gallons for
liquids, and 20,000 cubic feet at STP for compressed
gases;
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(iv) For materials not regulated under this Chapter, but
regulated under the Uniform Fire Code, such as radioactives or
cryogens, or for materials stored in storage facilities exempted
by Sections 17-72(a) or 17-72(b), the County may require that
the hazard class or classes and the quantity range of each such
hazard class, using the quantity ranges listed in Subsection (iii)
above, be provided;
(v) For tanks, the capacity limit of each tank, and the
hazardous material contained in each tank by general chemical
name, common/trade name, major constituents for mixtures~
United Nations (UN) or North America (NA) number, if
available, and physical state.
(4) Confidentiality of Facility Storage Map.
Due to the threat to the security of the facility posed by
the disclosure of the information in the Facility Storage Map, this
information shall be maintained by County for law enforcement
purposes only and shall not be made public. Public disclosure of this
information could endanger the security of the facility or present a
clear danger to public health and safety. County shall not disclosure
this information to the public without the consent of the permittee or
permit applicant unless ordered to do so by a court of competent
jurisdiction. Permittee or permit applicant shall be deemed a real
party in interest in any such action, Prompt notice of a lawsuit to
compel disclosure shall be given by County to permittee or permit
applicant. However, County shall be under no duty to prevent
disclosures where there has been any unauthorized discharge of
hazardous materials stored in storage facility(s) shown on such map
or where such disclosure arises out of any official emergency
response relating to the storage facility(s).
(5) Updating of Facility Storage Map.
The Facility Storage Map shall be updated annually or
whenever an additional approval is required for the facility or
whenever the Hazardous Materials Inventory Statement is required to
be amended pursuant to Section 17-23.
(b) Hazardous Materials Inventory Statement.
A Hazardous Materials Inventory Statement shall be filed in
accordance with Article V of this Chapter.
(c) Separation of Materials.
The HMMP shall contain a description of the methods to be
utilized to ensure separation and protection of stored hazardous materials from
factors which may cause a fire or explosion, or the production of a flammable, toxic,
or poisonous gas, or the deterioration of the primary or secondary containment.
(d) Monitoring Program.
The HMMP shall contain a description of the location, type,
manufacturer specifications (if applicable), and suitability of monitoring methods to be
used in each storage facility storing hazardous materials which are liquids or solids at
STP. It shall also specify the frequency of inspections of storage facilities which will
be conducted by the permittee.
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(e) Recordkeeping Forms.
The HMMP shall contain an inspection check sheet or log
designed to be used in conjunction with routine inspections. The check sheet or log
sheet shall provide for the recording of the date and time of inspection and, for
monitoring activity, the date and time of any corrective action taken, the name of the
inspector, and the countersignature of the designated safety manager for the facility
or the responsible official as designated in the HMMP.
(f) Emergency Equipment.
The HMMP shall describe emergency equipment availability,
testing, and maintenance.
(g) Variation in Information.
(1) Additional information may be required for the HMMP
where such information is reasonably necessary to meet the intent of
this Chapter.
(2) Requirements for information in the HMMP may be
waived where such information is not reasonably necessary to meet
the intent of this Chapter.
(3) Whenever permittee has submitted a plan which includes
substantially the same information as is required for any
component(s) of the HMMP to any other public agency regulating
hazardous materials, such plan may be submitted to County in lieu of
such component(s). The County may give deference to any approval
of such plan .by the other public agency.
Sec. 17-22. Short Form HMMP-Minimal Storage Site.
(a) A facility shall 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 500 pounds or less for solids, 55 gallons or less for liquids,
or 200 cubic feet or less at STP for compressed gases.
(b) The applicant for a permit for a facility which qualifies as a
minimal storage site may opt to file the short form Hazardous Material Management
Plan. Such plan shall include the following components:
(1) General application information;
(2) A simple line drawing of the facility showing the location
of the storage facilities and indicating the hazard class or classes and
physical state of the hazardous materials being stored and whether
any of the material is a waste;
(3) The short form HMMP shall also include a earcinogen
identification form which shall indicate the storage of any quantity
of any carcinogen listed in Sections 5208-5215 and Section 5219 of
Title 8 of the California Administrative Code, as amended. This
provision will be satisfied by the submittal to County of a copy of the
Carcinogen Registration form submitted to the California Depart-
ment of Industrial Relations in accordance with the above cited
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sections of Title 8 of the California Administrative Code, as
amended.
(4) Information describing that the hazardous materials will
be stored in a suitable manner and will be appropriately contained,
separated and monitored;
(5) Description of emergency equipment to be maintained;
(6) Assurance that the disposal of any hazardous materials
will be in an appropriate manner.
(c) Where a claim for trade secret protection pursuant to Section
17-26 is made for any carcinogen listed in Sections 5208-5215 and Section 5219 of Title
8 of the California Administrative Code, as amended, pursuant to Subsection 17-
22(b)(3) above, the Carcinogen Identification form to be publicly disclosed shall
identify all carcinogens not claimed to be trade secrets and it shall indicate the
number of carcinogens claimed to be trade secrets.
ARTICLE V
Hazardous Material Inventory
Sec. 17-23. Hazardous Materials Inventory Statement.
A Hazardous Materials Inventory Statement (HMIS) shall be filed with
County in accordance with this Article. Any person, firm, or corporation which stores
any hazardous material in an amount which is equal to or greater than the quantities
specified in Section 17-24(a) is required to file an HMIS. Such person, firm or
corporation shall amend the HMIS within thirty (30) days of the storage of any
hazardous material not listed thereon but required to be listed by Section 17-24(a), or
of an increase above the quantity range listed in accordance with Section 17.24(c) or
required to be identified in accordance with Section 17-24(d).
See. 17-24. Information Required.
(a) Information shall be included in the HMIS for each hazardous
material stored in a facility (aggregated over all such material stored in one or more
storage facilities) where the aggregate quantity throughout the facility is greater than
five hundred (500) pounds in weight for solids, greater than fifty-five (55) gallons for
liquids, or greater than two hundred (200) cubic feet at standard temperature and
pressure (STP) for compressed gases.
(b) The information in the HMIS shall include either:
(1) For non-wastes:
The general chemical name, common/trade name, major
constituents for mixtures, the manufacturer, United Nations (UN) or
North America (NA) number, if available, and the hazard class or
classes and the Material Safety Data Sheet (MSDS) or equivalent
information as required by County.
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(2) For wastes:
-The Department of Health Services manifest for wastes
or equivalent information, and the hazard class or classes.
(c) In addition, the HMIS shall state the aggregate quantity range
stored at the facility of each hazardous material listed in terms of the quantity ranges
stated in Section 17-21(a)(3)(iii) above.
(d) The HMIS shall also include a carcinogen identification which
shall indicate the storage of any quantity of any carcinogen listed in Sections 5208-
5215 and Section 5219 of Title 8 of the California Administrative Code, as amended.
This provision will be satisfied by the submittal to County of a copy of the Carcinogen
Registration form submitted to the California Department of Industrial Relations in
accordance with the above cited sections of Title 8 of the California Administrative
Code, as amended.
(e) Where a claim for trade secret protection is made for any
hazardous material pursuant to Section 17-26, the HMIS to be publicly disclosed shall
indicate the number of materials claimed to be trade secrets and the aggregate
quantity range stored at the facility for each such hazardous material stated in terms
o~r the quantity ranges set forth in Section 17-21(a)(3)(iii). Where a claim for trade
secret protection is made for any carcinogen identified pursuant to Subsection 17-24(d)
above, the Carcinogen Registration form to be publicly disclosed shall indicate all
carcinogens not claimed to be trade secrets and it shall indicate the number of
carcinogens claimed to be trade secrets.
Sec. 17-25. Public Records.
The HMIS is a public record except that no trade secret shall be
disclosed. Any request for a public record hereunder shall be submitted in writing to
the County officer responsible for administering this Chapter.
Sec. 17-26. Trade Secrets.
(a) Permittee or permit applicant may make a claim for the
protection of the identity of any hazardous material which is its trade secret by filing
a declaration under penalty of perjury on a form provided by County, signed by
permittee or permit applicant, supporting the trade secret status, for each such
hazardous material asserted to be a trade secret. The name of the hazardous material
shall not be disclosed on said declaration.
(b) The exact name of the trade secret material, its quantity range
by storage facility, and all other information required under Section 17-24(b) must,
subject to the approval of County, be placed in a double-keyed lockbox and maintained
in at least two locations at the facility. One key shall be provided to County at the
time the permit becomes effective. The other key shall be maintained on site at all
times, and readily accessible to permittee's designated emergency response person.
Such emergency response person shall cooperate with County in opening the lockbox at
any time County responds to an emergency or unauthorized discharge on the site
involving the storage facility in which the trade secret material is contained. In the
event that the permittee's designated emergency response person is not immediately
available to assist County emergency response personnel to open the lockbox, such
County personnel are authorized to break the lockbox.
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(c) In addition to providing the lockboxes, the permittee or permit
applicant shall provide information to County under one of the following alternatives:
(1) Alternative One.
In lieu of submitting the exact chemical name of said
trade secret material, permittee or permit applicant may submit a
description of the hazardous material, including but not limited to,
the chemical and physical properties, hazard class, reactivity charac-
teristics, fire and explosion characteristics, of trade secret material,
at a level of specificity satisfactory to County, and on a form
provided by County. The description must include health hazard
information including remedies and countermeasures appropriate for
emergency response and in case of human exposure to the trade
secret material. Such description must be adequate to enable County
to assess the suitability of the proposed containment and the
proposed monitoring plan. The description must be certified as
accurate, in writing, by a chemist or chemical engineer; or
(2) Alternative Two.
Instead .of submitting the name of the trade secret to
County, the trade secret information, together with all submittals
pursuant to this Chapter, may be submitted to an independent
chemical engineer or equivalent licensed professional, subject to
· approval by County, who shall certify, in writing, the suitability of
the containment design, the monitoring methods and plans, and the
separation of materials, and the accuracy of the facility storage map
with regard to the information relavant to the trade secret. All such
submittals remain subject to County's review and approval under this
Chapter; or
(3) Alternative Three.
The trade secret information sought to be protected may
be submitted to County on a separate form or forms, clearly and
conspicuously marked or labeled as containing trade secret informa-
tion, and said form or forms must be submitted m~ly to a County
official designated by County to receive trade secret information. If
this method of protecting the trade secret information is chosen by
permittee or permit applicant, such party shall also submit a waiver,
relieving County and the City of Saratoga of any and all liability
-resulting from disclosure of the trade secret in violation of this
Article,
(i) The County official shall endeavor to protect from
disclosure any and all trade secrets which come into County's
possession pursuant to this subsection. If an action is instituted
under California Public Records Act for the release of such
trade secrets, the permittee or permit applicant shall be
deemed a real party in interest in any such action. Notice of a
lawsuit to compel disclosure shall be given by County to
permittee or permit applicant promptly upon receipt of such
notice by County. The permittee or permit applicant shall have
the option to defend any such action. The permittee or permit
applicant shall indemnify County and the City of Saratoga in
any such action. The permittee or permit applicant shall
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indemnify County and the City of Saratoga for all attorneys
fees, costs and expenses incurred in any proceeding related to
this Section, as well as for any judgment imposed pursuant to
California Government Code Section 6259.
(ii) Any information reported to the County officer,
under this subsection, which is exempt from disclosure pursuant
to this Section, shall not be disclosed to anyone other than as
required by law, except an officer or employee of County in
connection with the official duties of such officer or employee
under any law for the protection of health, or to contractors
with the County and their employees, if in the opinion of the
County officer such disclosure is necessary and required for the
satisfactory performance of a contract for performance of
work.
(iii) Any person who by virtue of employment,
contractual relationship or official position has obtained posses-
sion of or has had access to information, the disclosure of which
is prohibited by this Section, and who knowing that disclosure of
the information is prohibited, intentionally or recklessly
discloses the information in any manner to any person not
entitled to receive it, or uses the information for his or her own
use or advantage, shall be guilty of a misdemeanor.
(iv) Information certified by appropriate officials of the
United States, as necessarily kept secret for national defense
purposes, shall be accorded the full protections against
disclosure as specified by such official or in accordance with
the laws of the United States,
(v) The County Board of Supervisors shall, by resolu-
tion, adopt a procedure designed to prevent knowing or
negligent disclosure of trade secret information. Such
procedure shall identify which officials shall have access to the
information, and the means by which access will be controlled
and monitored. Trade secret information shall be maintained
by County in secured facilities which are designed to prevent
inadvertent or unauthorized access or disclosure.
(vi) The confidential treatment, pursuant to this subsec-
tion, of the identity of such trade secret disclosed to County
does not apply where there has been any unauthorized discharge
related to such trade secret material which is reportable in
compliance with Section 17-27 or where such disclosure arises
out of any official emergency response relating to the storage
facility(s) involving such trade secret information by public
safety personnel of County.
ARTICLE VI
Responsibility
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Sec. 17-27. 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 shsll take all necessary steps to ensure the discovery and
containment and clean up of such discharge and shall notify County of the occurrence
as required by this Section.
(b) Confirmed Unauthorized Discharge.
(1) Recordable Unauthorized Discharge.
Any recordable unauthorized discharge of a liquid or solid
at STP shall he contained and safely disposed of in an appropriate
manner by permittee and such occurrence and the response thereto
shall be recorded in the permittee'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 above ground 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 above ground surface, but if the cleanup requires more
than eight (8) hours, it becomes a reportable discharge in
accordance with Subsection 17-27(b)(2) 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.
(iv) 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 (1) ounce by weight, and can
be cleaned up within fifteen (15) minutes.
(2) Reportable Unauthorized Discharge.
Any unauthorized discharge which is not determined to be
recordable under Subsection 17-27(b)(1) above, must be reported to
County immediately. The reporting party shall provide information
to County relating to the ability of 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. County may verify that the hazardous material is being
contained and appropriately disposed. County, at any time upon a
determination that permittee is not adequately containing and
disposing of such hazardous material, shall have the power and
authority to undertake and direct an emergency response in order to
protect the public health and/or safety.
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(c) Unconfirmed Unauthorized Discharge.
(1) Indication of Loss in Inventory Records.
Whenever a material balance or other inventory record,
employed as a monitoring technique under the HMMP, indicates a loss
of hazardous material, and no unauthorized discharge has been
confirmed by other means, permittee shall have five (5) 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 shall be made in permittee's monitoring records. Where
permittee has not been able, within such period, to determine that
there has been no unauthorized discharge, an unauthorized discharge
is deemed confirmed and permittee shall proceed in accordance with
Subsection 17-27(b)(2) above.
(2) Test Results.
Whenever any test results suggest possible unauthorized
discharge, and no unauthorized discharge has been confirmed by other
means, the permittee shall have five (5) 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 shall be
recorded in permittee'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
permittee shall proceed in accordance with Subsection 17-27(b)(2)
above.
(d) 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 County if such discharge presents a threat of imminent danger to public
health and safety.
(e) Office of Emergency Services.
County shall submit a written report to the Office of
Emergency Services within ten (10) working days from the date that County is notified
of an unauthorized discharge from an underground storage tank.
Sec. 17-28. Cleanup Responsibility.
Any person, firm or corporation responsible for storing the hazardous
material shall institute and complete all actions necessary to remedy the effects of
any unauthorized discharge, whether sudden or gradual. County shall undertake
actions to remedy the effects of such unauthorized discharge itself, only if it
determines that it is reasonably necessary under the circumstances for County to do
so. The responsible party shall be liable to reimburse County for all costs incurred by
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) shall not be barred by this Chapter
from seeking to recover appropriate costs and expenditures from other responsible
parties except as provided by Section 17-29.
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See. 17-29. Indemnification.
The permittee shall indemnify, hold harmless and defend County and
the City of Saratoga 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 permittee's operations under this permit.
ARTICLE VII
Inspections and Records
Sec. 17-30. Inspections by County.
County may conduct inspections, at its 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 17-26 to anyone other than
the official designated for that purpose pursuant to Section 17-26(c)(3), 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. Therefore, permittee may put
temporary coverings over the labels of trade secret materials during the course of
County inspections conducted by other than the County official so designated.
(a) Right of Entry.
Whenever necessary for the purpose of investigating or
enforcing the provisions of this Chapter, or whenever any enforcement officer has
reasonable cause to believe that there exists in any structure or upon any premises,
any condition which constitutes a violation of this Chapter, said officers may enter
such structure or premises at all reasonable times to inspect the same, or to perform
any duty imposed upon any of said respective officers by law; provided that if such
structure or premises be occupied, the officer shall first present proper credentials
and request entry, and further provided, that if such structure or premises is
unoccupied, the officer shall first make a reasonable attempt to contact a responsible
person from such firm or corporation and request entry, except in emergency
circumstances. If such entry is refused, the officer seeking entry shall have recourse
to every remedy provided by law to secure entry.
(b) Inspections by County - Discretionary.
All inspections specified herein shall be at the discretion of
County and nothing in this Chapter shall be construed as requiring County to conduct
any such inspection nor shall any actual inspection made imply a duty to conduct any
other inspection. Furthermore, nothing in this Chapter shall be construed to hold
either County or the City of Saratoga, or any officer, employee or representative of
either County or the City of Saratoga 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.
Sec. 17-31. Inspections by Permittee.
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The permittee shall conduct regular inspections of its own facilities
to assure compliance with this Chapter and shall maintain logs or file reports in
accordance with its Hazardous Materials Management Plan. The inspector conducting
such inspections shall be qualified to conduct such inspections.
See. 17-32. Special Inspections.
In addition to the inspections specified above, County may require
the periodic employment of special inspectors to conduct an audit or assessment of
permittee's facility, to make a hazardous material safety evaluation and to determine
compliance with the provisions of this Chapter.
(a) The special inspector shall be a qualified person or firm who
shall demonstrate expertise to the satisfaction of County.
(b) The special inspection report shall include an evaluation of the
facilities and recommendations consistent with the provisions of this Chapter where
appropriate. A copy of the report shall be filed with County at the same time that it
is submitted to permittee.
(c) Permittee shall, within thirty (30) days of said report, file with
County a plan to implement all recommendations, or shall demonstrate to the
satisfaction of County why such recommendations should not be implemented.
Sec. 17-33. Substituted Inspections.
An inspection by an employee of any other public agency may be
deemed by County as a substitute for any requirement above.
Sec. 17-34. Maintenance of Records.
All records required by this Chapter shall be maintained by the
permittee for a period of not less than three (3) years. Said records shall be made
available to County during normal working hours and upon reasonable notice.
ARTICLE VIII
Application for Permit
Sec. 17-35. Permit.
Any person, firm or corporation which stores any hazardous material
shall obtain and keep current a Hazardous Material Storage Permit issued pursuant to
this Chapter. One such permit shall be issued for a single facility. Additional
approvals shall be obtained for any storage facility thereafter connected, installed,
constructed, repaired as required by Section 17-15, substantially modified, replaced,
closed, or removed, or for any change or addition in hazardous materials stored, not in
accordance with the prior approval. Notwithstanding the above, permittee shall have
thirty (30) 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
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hazard of the production of ~ammable or poisonous gas. Storage of new or different
hazardous materials, not meeting all of these criteria, shall require prior additional
approval.
Sec. 17-36. Application for Permit.
Application for a new, amended, or renewed permit or an additional
approval shall be made to the designated officer on the form provided by County. In
addition to the information required by such form, applicant shall submit the
Hazardous Materials Management Plan required by Section 17-20 and construction
plans, if any, in Conformity with Section 17-10. Applicant shall specify the permit
quantity limit requested to be permitted for each storage facility. County's
designated officer shall give written notice of such application having been filed to the
City Manager.
See. 17-37. Investigation.
The officer to whom an application for a new or renewed permit is
made may make such investigation of the applicant and the proposed facility or
activity as such officer deems necessary to carry out the purposes of this Chapter.
See. 17-38. Approval of Permit.
A permit shall not be approved until the issuing officer is satisfied
that the storage approved adequately conforms to the provisions of this Chapter.
Sec. 17-39. Provisional Permit.
If the officer to whom application has been made finds that the
proposal does not completely conform to the provisions of this Chapter, the officer
may approve a provisional permit, subject to conditions to be imposed by the officer,
when such a provisional permit is feasible, conforms to Sections 25284 and 25284.1 of
the Health and Safety Code, and does not appear to be detrimental to the public
interest. The applicant must be informed in writing of the reasons why a full term
permit was not issued.
Sec. 17-40. Temporary Permit.
A Temporary Permit for storage may be issued where storage does
not exceed thirty (30) days and occurs no more frequently than every six (6) months.
The Containment Standards of Article III, the Hazardous Materials Management Plan
of Article IV and the' Inspection and Records requirements of Article VII may be
modified as appropriate under these circumstances for the storage of hazardous
materials on a non-regular temporary basis.
See. 17-41. Issuance of Permits.
(a) Issuance.
Upon the approval of a temporary, provisional, or full term
permit by the officer and upon the payment of any applicable fee, the officer shall
issue and deliver the permit to the applicant. Such permit shall contain the following
information:
(1) The name and address of the permittee for purposes of
notice and service of process;
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(2) The address of the facility for which the permit is issued;
(3) Authorization for the storage facility(s) approved under
the permit, the permit quantity limit(s) and the approved hazard class
or classes for the storage facility(s);
(4) The date the permit is effective;
(5) The date of expiration~
(6) When applicable, a designation that the permit is
provisional or temporary;
(7) Any special conditions of the permit.
(b) Records.
The officer shall keep a record of all permits issued and all conditions
attached thereto.
See. 17-42. Additional ApprovaIs.
(a) When a request for an additional approval is filed as required by
Section 17-35, the procedures set forth in this Chapter for an application for a permit
shah also apply to an application for an additional approval. Each application for an
additional approval shall be accompanied by an appropriate amendment to the HMMP.
(b) If the additional approval request is for closure of a storage
facility, permittee shall apply for approval to close such storage facility not less than
thirty (30) days prior to the termination of the storage of hazardous materials at the
storage facility. Such closure shall be in accordance with a closure plan which
describes procedures for terminating the storage of hazardous materials in each
storage facility in a manner that:
(1) Minimizes the need for further maintenance; and
(2) Controls to the extent that a threat to public health or
safety or to the environment from residual hazardous materials in the
storage facility is minimized or eliminated; and
(3) Demonstrates that hazardous materials that were stored
in the storage facility will be removed, disposed of, neutralized, or
reused in an appropriate manner. This thirty (30) day period may be
waived by County if there are special circumstances requiring such
waiver.
See. 17-43. Term.
A permit may be issued for a term of five (5) years, excepting
provisional permits which may be issued for any period of time up to six (6) months and
temporary permits which may be issued for no longer than thirty (30) days.
Sec. 17-44. Renewal.
Every application for the renewal of a permit or extension of a
provisional permit shall be made at least thirty (30) days prior to the expiration date
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of such permit. If a timely application for renewal has been submitted, the permit
shall remain in effect until County has made its determination pursuant to Section 17-
45 and any administrative appeal pursuant to Article IX has been exhausted.
Sec. 17-45. Determination.
County shall make a determination with regard to any application for
a permit, an additional approval, or a renewal, within ninety (90) days from the date
that the application has been completed or compliance with the appropriate provisions
of the California Environmer)tal Quality Act (CEQA), has been completed, whichever
occurs later. This time limit may be further extended by mutual agreement between
County and applicant.
Sec. 17-46. Fees.
County shall establish fees by resolution sufficient to recover its
costs in administering this Chapter and no application shall be accepted unless and
until the fees have been paid.
(a) Delinquent Fees.
All permit fees delinquent for thirty (30) days or more shall be
subject to an additional charge to be deter~nined by County which shall be added to the
amount of the fee collected.
(b) Refund of Fees.
No refund or rebate of a permit fee shall be allowed by reason
of the fact that the permit is denied or the permittee discontinues the 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. 17-47. Transfer of Permit.
The permit may be transferred to new owners of the same business
only if the new owners accept responsibility for all obligations under this Chapter at
the time of the transfer of the business and document such transfer on a form provided
by County within thirty (30) days of transfer of ownership of the business. Such
transfer shall be subject to the approval of County.
See. 17-48. Effective Date of Permit.
No permit shall become effective until the permit has been signed
and accepted by the permittee. Where the permittee is a company, firm or
corporation, the acceptance must be signed by a person having the legal authority to
bind the permittee.
ARTICLE IX
Denial
See. 17-49. Denial of Application.
If the officer to whom application has been made has cause to deny
the application and determines that it would not be feasible or in the public interest to
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approve a temporary or provisional permit, then the officer shall deny the application.
See. 17-50. Grounds for Denial.
A permit shall be denied if the applicant fails to demonstrage
adequate conformity to the provisions of this Chapter. In addition, a permit can be
denied for any of the grounds upon which the permit would be subject to revocation
pursuant to Article X.
See. 17-51. Transmittal of Decision.
The decision to deny the application shall be given to the applicant in
writing, setting forth the findings upon which the decision is based. A copy of such
decision shall also be furnished to the City Manager.
Sec. 17-52. Appeal to County Executive.
Within thirty (30) days from the date of deposit of the decision in the
mail in accordance with Section 17-64, the applicant may appeal, in writing, to the
County Executive, or the designee thereof, setting forth with particularity the ground
or grounds for the appeal.
See. 17-53. Hearing on Appeal.
The County Executive shall set a time and place for the hearing on
the appeal and shall notify the applicant, in writing, of such date and time, not later
than ten (10) working days from the date the appeal was received by the County
Executive. A copy of such notice shall also be furnished to the City Manager° Tile
hearing shall be conducted within thirty (30) days from the date the appeal was
received by the County Executive.
See. 17-54. Disposition of Appeal.
After the hearing on the appeal, the County Executive, or Designee
thereof, may refer the matter back to the originating officer for a new investigation
and decision, may affirm the decision of the originating officer, may approve a
provisional permit as provided in Section 17-39 or may approve the application with or
without conditions. The decision of the County Executive shall be the final
administrative determination and is subject to judicial review. A copy of such decision
shall be furnished to the City Manager.
ARTICLE X
Remedial Action
Sec. 17-55. Grounds for Remedial Action.
A permit may be subjected 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;
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(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 um'easonable risk
of an unauthorized discharge of hazardous materials within a reasonable time after
notice from a governmental entity other than County;
(e) Failure to abide by the remedial action imposed by County.
Sec. 17-56. Notice Noncompliance.
Unless the County Executive finds that an immediate suspension
under Section 17-58 is necessary to protect the public health or safety from imminent
danger, the officer shall issue a notice of noncompliance:
(a) For failure to comply with the provisions of this Chapter, any
permit conditions or any provisions of the Hazardous Materials Management Plan; or
(b) Before instituting remedial action pursuant to Section 17-55(d).
Such notice shall be sent by certified mail to permittee. If the noncompliance is not
abated, corrected, or rectified within the time specified, remedial action may be
taken.
Sec. 17-57. Notice of Hearing.
A notice of hearing shall be given to the permittee by the County
Executive in writing, setting forth the time and place of the hearing, the ground or
grounds upon which the remedial action is based, the pertinent code section or
sections, and a brief statement of the factual matters in support thereof. The notice
shall be given at ]east fifteen (15) days prior to the hearing date. A copy of such
notice shall be furnished by the County Executive to the City Manager.
See. 17-58. Suspension Prior to Hearing.
Whenever the County Executive 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 County Executive may immediately suspend any
permit pending the hearing for remedial action. The County Executive shall
immediately notify the permittee of such suspension by having a written notice of the
suspension personally served on the permittee. Permittee shall have the opportunity
for a preliminary hearing with regard to such prehearing suspension within three (3)
working days of receiving written notice of such suspension.
Seco 17-59. Remedial Action.
If the County Executive after the hearing, finds that cause exists for
remedial action, the County Executive shall 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 17-56;
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(c) A revocation of the permit for the facility or for a storage
facility and approval of a provisional permit;
(d) Suspension of the permit for the facility or for a storage
facility for a specified period not to exceed six (6) months;
(e) Modification or addition of conditions of the permit;
(f) Revocation of the permit with no reapplication permitted for
specified period not to exceed five (5) years.
If the grounds for remedial action are based on Section 17-55(c), (d) or
(e) and if such grounds are limited to one storage facility, the remedial action taken
shall be limited to that storage facility.
Sec. 17-60. Transmittal of Decision.
Within ten (10) days of the hearing the County Executive shall render
a written opinion, stating the findings upon which the decision is based and the action
taken, if any. The decision of the County Executive shall be the final administrative
determination and is subject to judicial review. A copy of such decision shall be
furnished to the City Manager.
Sec. 17-61. Authority After Suspension~ Revocation or Expiration.
The suspension, revocation or expiration of a permit issued under this
Chapter shall not prevent any proceedings to investigate such permit, any remedial
action against such permittee or any proceeding against such permittee.
Sec. 17-62. Return of Permit.
In the event that a permit issued under the provisions of this Chapter
is suspended or revoked, the permittee shall forward it to the issuing officer not later
than the end of the third business day after notification of such suspension or
revocation.
ARTICLE XI
Hearing Procedure
Sec. 17-63. Hearing Rules.
In any hearing under this Chapter, all parties involved shall have the
right to offer testimonial, documentary, and tangible evidence bearing on the issues,
to be represented by counsel, and to confront and cross examine any witnesses against
them. Any hearing under this Chapter may be continued by the person conducting the
hearing for a reasonable time for the convenience of a party or a witness.
See. 17-64. Hearing Notices.
All notices required by this Chapter shall be sent by certified mail,
postage prepaid, to the applicant or permittee at the address given for purposes of
notice on the application or permit or delivered to the permittee personally.
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ARTICLE XII
Enforcement
Sec. 17-65. Criminal Penalties.
Criminal sanctions may be sought for violations of this Chapter, to
the extent available under existing City or County ordinance code provisions.
See. 17-66. Civil Penalties.
Any person, firm, or corporation who intentionally or negligently
violates any provision of this Chapter, except that an unauthorized discharge which is
recordable and recorded in compliance with Section 17-27 shall not be a violation of
this Chapter for purposes of this Section, or fails to comply with any order issued
thereunder, shall be liable for a civil penalty not to exceed Five Hundred Dollars
($500) per day for each violation which shall be assessed and recovered in a civil action
brought in the name of the people by the County Counsel. In determining the penalty,
the court shall 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 County prevails,
the court shall determine and impose reasonable expenses, including attorney's fees,
incurred by County in the investigation and prosecution of the action.
Sec. 17-67. 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
shall include costs and attorney's fees. The court may award punitive damages in a
proper case.
See. 17-68. Remedies not Exclusive.
Remedies under this Article are in addition to and do not supersede
or limit any and all other remedies, civil or criminal.
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ARTICLE XIII
Miscellaneous
Sec. 17-69. 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 shall not create
liability on the part of County, the City of Saratoga, or any officer or employee
thereof for any damages that result from reliance on this Chapter or any administra-
tive decision lawfully made hereunder. All persons handling, storing, using, processing,
and disposing of hazardous materials within the City 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 shall
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 shall such identification create any other duty or obligation upon
County different from or additional to those duties or obligations applicable to the
storage of other hazardous materials.
See. 17-70. Guidelines.
Guidelines approved by the County Executive shall be maintained in
the Office of the Clerk of the County Board of Supervisors. Such guidelines, in the
areas addressed therein, shall serve as an interpretation of this Chapter.
Sec. 17-71. Duties are Discretionary.
Subject to the limitations of due process, notwithstanding any other
provision of this Chapter whenever the words "shall" or "must" are used in establishing
a responsibility or duty of County, its elected or appointed officers, employees, or
agents, it is the legislative intent that such words establish a discretionary responsibil-
ity or duty requiring the exercise of judgment and discretion.
See. 17-72. 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
Department of Health Services under Health and Safety Code Section 25100 et seq., it
shall 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 Fire
Code as adopted by the City of Saratoga, the stricter shall prevail.
ARTICLE XIV
Compliance Schedule
Sec. 17-73. Time Table for Initial Compliance.
(a) New Storage Facilities.
(1) As of the effective date of this Chapter, a Hazardous
Materials Storage Permit for a facility must be obtained prior to the
installation or use of any new storage facility unless a building permit
for such new storage facility was issued prior to such date.
(2) The Hazardous Material Management Plan must be filed
at the time of application for a Hazardous Material Storage Permit.
(b) Existing Storage Facilities.
(1) A facility which has any existing hazardous materials
storage facilities or had obtained a building permit for such a storage
facility prior to the effective date of this Chapter, and to which no
new storage facility is added, shall have one (1) year from such
effective date to file a completed application for a Hazardous
Materials Storage Permit, including a monitoring plan in accordance
with Section 17-12. The time limitation for determination specified in
Section 17-45 shall not apply but the applicant shall be deemed to
have a provisional permit of indefinite term, until County makes such
determination.
(2) Notwithstanding the above, a Hazardous Material
Inventory Statement, if applicable, must be filed within ninety (90)
days of the effective date of this Chapter.
SECTION 2:
If any section, subsection, sentence, clause, or phrase of this Chapter is for
any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Chapter. The City Council hereby declares that it would have passed
this Chapter and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
Chapter would be subsequently declared invalid or unconstitutional.
SECTION 3:
This Ordinance shall be in full force and effect thirty (30) days from the
date of its final passage and adoption.
Passed and adobt~d at .an. adjodrh~d~ regular meeting of the City Council of the City of
Saratoga held on the 13th day of December 1983, by the following
vote: '
AYES: Councilmembers Callon, Fanelli, Mallory, and Mayor Moyles
NOES: None
/ ~AYOR
ATTEST:
CITY CLERK ~
The above and foregoing is a true and correct
copy of Ordina~ce ~,/iS' which has been
published according to 'law,
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