The purpose of this chapter is to implement within the Santa Rosa Fire Department all hazardous materials and hazardous waste programs covered under Health and Safety Code Section 25404, et seq., "Unified Hazardous Waste and Hazardous Material Management Regulatory Program." These programs include those programs described in subsection (C) of this section.

The Santa Rosa Fire Department enforces the hazardous materials management plan requirements of the Uniform Fire Code, and Health and Safety Code programs for hazardous materials business plan, risk management and prevention plan, and underground storage tank. New programs in the Health and Safety Code to be undertaken by the Fire Department include hazardous waste generator, on-site treatment of hazardous waste (authorized lower three tiers of the tiered permitting program), and aboveground storage tank-spill prevention, control and countermeasure plan. The purpose of this chapter is to bring all hazardous material and hazardous waste regulatory authority and compliance requirements within one ordinance.

It is the intent of the Council that the Santa Rosa Fire Department as the Certified Uniform Program Agency (CUPA) shall regulate and enforce all applicable provisions of law, including:

It is the intent of the CUPA to utilize all resources available to gain compliance which may include but is not limited to civil, criminal and administrative actions and penalties.

It is the intent of this chapter to be no less stringent than State law.

Store, handle or use hazardous materials, or generate hazardous wastes, or operate underground tanks for storage of hazardous substances, either separately or in combination;

Treat hazardous waste on-site under either the permit-by-rule tier, conditional authorized tier, or conditional exempt tier, unless such tiered permitting authority is under the jurisdiction of the California Department of Toxic Substances Control;

Construct, install, repair, modify, upgrade, temporarily close, remove or abandon in place any underground storage tank system or any part of the system;

Permanently remove a hazardous materials storage or use premises from service;

Permanently remove subsurface hazardous material contamination;

Any other activity, use, storage, or operation as may be deemed appropriate by the Fire Chief may be included as part of the consolidated CUPA permit issued to a person or business.

Application for a new, amended or renewed permit or an additional approval shall be made to the CUPA on a form provided by the CUPA.

A permit shall not be approved until the CUPA is satisfied that the person or business adequately conforms to the provisions of this chapter and other applicable laws and regulations.

The CUPA shall issue a permit to store, handle or use hazardous materials or hazardous wastes or treat hazardous waste on-site, or operate an underground storage tank system when the following have been met:

A permit to store, handle or use a hazardous material or hazardous waste or to treat hazardous waste on-site, or to operate an underground storage tank system is not transferable to another person, business or physical location.

A permit issued pursuant to this chapter shall be posted at the permitted place of business. A copy of the approved Hazardous Materials Business Plan shall be maintained at the place of business.

Any person or business who stores, handles or uses a hazardous material shall annually, or more frequently, submit a completed business plan as directed by the CUPA. If at the time of annual submittal there have been no changes in the types or quantities of hazardous materials stored, handled or used, the submittal may be in the form of a certification page to that effect.

An amendment to the business plan shall be filed within 30 days of any of the following changes to the business plan:

The amendment to the business plan required by subsection (B) of this section shall contain only new information or information about a specific change and shall not require the resubmittal of an entire business plan.

Any business engaged exclusively in the following types of operation shall be exempt from permit and disclosure:

The CUPA finds that exemptions set forth in subsection (D) of this section are appropriate because the hazardous materials and quantities exempted do not pose a present threat to human health or the environment, considering their intended use and chemical properties.

The hazardous materials business plan shall include all elements of the Santa Rosa hazardous materials inventory statement or the California State Hazardous Material Inventory Form as specified in California Code of Regulations, Title 19, Section 2620, et seq.

The hazardous materials business plan shall also include:

The hazardous materials business plan shall be submitted on the forms designed by the CUPA and completed by the person or business.

Requirements for certain information in the business plan may be waived by the CUPA when such information is not reasonably necessary to meet the intent of this chapter.

If required by law, or by the CUPA upon review of the business plan, a schedule and written inspection procedures for inspecting each hazardous materials or hazardous waste storage facility and its related monitoring, safety, and emergency equipment, security devices, operating and structural equipment for malfunctions and deterioration, operator's errors, poor housekeeping practices, and unauthorized discharges of hazardous materials shall be submitted to the CUPA. These inspections must be scheduled and conducted by the person or business at appropriate frequencies either required by law or approved by the CUPA and must be recorded in an authorized check sheet or log to be maintained by the person or business on-site for three years from the date of inspection.

Additional reporting may be required pursuant to Health and Safety Code Section 25531, et seq., regarding acutely hazardous materials, or other provisions of State law.

Additional reporting may be required by the United States Environmental Protection Agency.

Any additional information required under this section shall be subject to the provisions of Section 17-34.050 of this chapter.

A person or business that the CUPA determines to represent a significant likelihood of risk, pursuant to Health and Safety Code Section 25534, shall prepare and submit to the CUPA a risk management and prevention plan RMPP). The RMPP shall be prepared as prescribed in the Health and Safety Code Section 25500, et seq., Title 40, Code of Federal Regulations, Part 68 and any guidance documents adopted by the CUPA.

Any person or business shall submit to the CUPA, within one year of written request therefor, the RMPP completed to the satisfaction of the CUPA.

It is unlawful for any person or business to construct, install, modify, repair, upgrade, maintain, temporarily close, remove or abandon in place any underground storage tank, any associated piping or any monitoring methods without first obtaining a CUPA permit and approval from the CUPA. Permits are nontransferable and may be revoked for failure to conform to the requirements of this chapter.

The owner or operator shall complete an application for a permit to perform any of the activities described in subsection (A) of this section. The application shall include, but may not be limited to the information required on the application form for a permit to operate an underground storage tank system pursuant to Health and Safety Code Sections 25291 or 25292. Construction drawings or plans shall be submitted to verify that the installation, upgrade, repair or change will comply with the Health and Safety Code Sections 25291 or 25292 and California Code of Regulations, Title 23, Division 3, Chapter 16, Article 3. Any upgrade or changes to the tank system must meet the minimum requirements of State law and Federal law.

A permit to temporarily close, abandon in place or remove an underground storage tank or piping shall be obtained before the actual work is performed. An underground tank closure form shall include assurance that applicable closure requirements as set forth in the California Code of Regulations, Title 23, Division 3, Chapter 16, Article 7, will be met.

If there is a release or suspected release from any underground storage tank system, a person or business shall complete a written report pursuant to the California Code of Regulations, Title 23, Division 3, Chapter 16, Article 5, Section 2652, submit it to the CUPA and notify the North Coast Regional Water Quality Control Board.

A person or business that generates hazardous waste shall complete a hazardous materials business plan and CUPA permit application. The business shall be subject to the requirements of Health and Safety Code Section 25100, et seq., and California Code of Regulations, Title 22, Division 4.5.

A business that is regulated under the permit-by-rule, conditional authorized or conditional exempt tier of Health and Safety Code Section 25100, et seq., shall be required to complete a CUPA permit application as well as DTSC Form 1772 or other approved form. The business shall be subject to the requirements of Health and Safety Code Section 25100, et seq., and California Code of Regulations, Title 22, Division 4.5.

In addition to the provisions for public inspection contained in Health and Safety Code Section 25500, et seq., the following shall apply:

Any person or business, which has previously been required to submit a hazardous material business plan, shall obtain a permit and submit a closure work plan to the CUPA at least 30 days prior to the closure, relocation, sale or exchange of the business and/or the real property on which the business is located. The closure work plan shall be approved by the CUPA before the removal of hazardous or potentially hazardous materials or hazardous wastes from property prior to implementation.

The closure work plan shall describe procedures for terminating the storage of hazardous materials and/or hazardous wastes in each storage facility in a manner that:

If underground storage tanks are also being closed, a separate tank closure permit must be obtained from the CUPA and must be referenced in the overall closure plan.

The closure work plan shall include:

A closure report must be submitted to the CUPA within 30 days of completion of work outlined in the closure work plan. The closure report shall document:

If any business closes or relocates without submitting and implementing a closure plan, in addition to any administrative, civil or criminal penalties, the property owner shall be required to prepare and implement a closure plan prior to reoccupying the site in any manner, either by owner or any other tenant.

The CUPA may require a bond or other financial instrument to secure the performance of the work plan.

If a threatened, or actual release of a hazardous material or hazardous waste occurs in the absence of a business or property owner, the Fire Chief shall make a reasonable attempt to contact the business and/or property owner where the threatened or actual release has occurred and shall require the immediate mitigation of the hazard.

If there is no response or no contact is made with a business or property owner within a reasonable time frame, the Fire Chief shall take mitigating action which may include, but is not limited to hazard removal or relocation, cleanup, site evaluation, soil testing, and/or chemical analysis.

Any person or business with an ownership interest in the business or property on or in which the threatened or actual release occurred shall pay the cost of responding to any threatened, or actual release of any hazardous material and all damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction. Expenses shall include, but not be limited to, equipment and personnel and any payments to outside business firms.

Any application to operate, construct, install, upgrade, repair, modify or temporarily or permanently close a hazardous materials or hazardous waste facility, underground storage tank system or aboveground storage tank may be denied if it does not conform with applicable laws, regulations and this chapter.

Any permit issued pursuant to this chapter may be suspended or revoked for cause. Cause shall be any violation of this chapter or any violation of the provisions of laws or regulations listed in Section 17-34.010(C).

The suspension or revocation of a permit issued pursuant to this chapter shall not preclude the imposition of any other penalty prescribed by this chapter or the prosecution of any violation of this chapter as provided in Section 1-28.010.

The City Attorney or the District Attorney may seek an order enjoining any acts or practices that constitute or threaten to constitute a violation of this chapter and for the reasonable costs of the CUPA in investigating and prosecuting the enforcement action.

Any person or business that violates Sections 17-34.060, 17-34.070, or 17-34.080 shall be subject to a civil penalty in an amount not to exceed $2,000 for each day in which the violation occurs. Violation of Sections 17-34.060, 17-34.070, or 17-34.080 by a business, after notice of the violation has been given by the CUPA, shall be subject to a civil penalty not to exceed $5,000 for each day the violation occurs. If the violation results in, or significantly contributes to an emergency, including but not limited to a sudden release, explosion or fire, the business shall also pay the full cost of the emergency response by the Fire Department and the CUPA, including the cost of cleanup and disposal of the hazardous materials or hazardous wastes.

Any person or business that violates Sections 17-34.090 or 17-34.100 shall be subject to a civil penalty in an amount not to exceed $2,000 for each day in which the violation occurs. In the case of knowing violations of Sections 17-34.090 or 17-34.100 after reasonable notice of the violation has been given by the CUPA, the civil penalty shall not exceed $25,000 for each day in which the violation exists. In addition, in cases of knowing violations, the responsible person may, upon conviction, also be punished by imprisonment in the County jail for not more than one year pursuant to Health and Safety Code Section 25540.

Any person or business that violates Section 17-34.110 shall be subject to a civil penalty in an amount of not less than $500 and not to exceed $5,000 for each underground storage tank for each day in which the violation occurs.

In determining the amount of civil penalty to be imposed, the CUPA shall consider all of the relevant circumstances, including but not limited to, the extent of the harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person or business responsible for any activity subject to a permit.

Each day on which a violation exists or continues to exist shall be deemed a separate violation.

The civil penalties authorized by this section are in addition to the penalties provided by Section 1-28.010 which shall apply to all violations of this chapter. In cases where State law provides greater penalties than Section 1-28.010, the provisions of State law shall apply.

Any person or business that fails to comply with Sections 17-34.060, 17-34.070, or 17-34.080 shall be subject to an administrative civil penalty in an amount not to exceed $2,000 for each day in which the violation occurs. Violation of Sections 17-34.060, 17-34.070, or 17-34.080, after notice of the violation has been given by the CUPA, shall be subject to an administrative civil penalty not to exceed $5,000 for each day the violation occurs. If the violation results in, or significantly contributes to an emergency, including but not limited to a fire or health or medical emergency requiring toxicological, health, or medical consultation, the person or business shall also pay the full costs of the emergency response by the Fire Department and the CUPA, County, City, local emergency medical services agency, or poison control center, including the cost of cleanup and disposal of the hazardous materials, acutely hazardous materials or hazardous wastes.

Any person or business who fails to comply with a written notice or order issued by the CUPA pursuant to this chapter shall also be subject to an administrative civil penalty. If the violation results in, or significantly contributes to an emergency, including but not limited to a fire or health or medical problem requiring toxicological, health, or medical consultation, the person or business shall also pay the full costs of the emergency response by the Fire Department, the CUPA, County, City, local emergency medical services agency or poison control center, as well as the cost of cleaning up and disposing of the hazardous materials or acutely hazardous materials.

A person or business shall not be subject to both an administrative civil penalty and a civil penalty pursuant to Section 17-34.210 for the same violation on the same date. However, a person or business may be subject both to an administrative civil penalty and criminal prosecution as provided in Section 1-28.010 based on the same violation or violations.

In determining the amount of the administrative civil penalty to be imposed pursuant to Section 17-34.230, the CUPA shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurred, the frequency of past violations, any action taken by the person or business to mitigate the violation, and the financial burden that the administrative civil penalty would impose on the person or business.

Payment of an administrative civil penalty shall not relieve a person or business from the responsibility for correcting any violation of this chapter, or State law, or from complying with a written notice or order issued by the CUPA, or from taking other corrective action necessary to comply with this chapter.

The CUPA shall issue a written complaint to any person or business subject to an administrative civil penalty under Section 17-34.220. The complaint shall allege the acts or failures to act that are the basis for the administrative civil penalty and the proposed amount of the administrative civil penalty. The complaint shall be served on the person or business by personal service or certified mail, and shall inform the person or business being served that a hearing shall be conducted by no later than 60 days after service of the complaint, unless the business waives the right to a hearing on the proposed penalty. The business shall request a hearing by written notice to the CUPA within 10 days after the service of the complaint. The written request for hearing shall be served on the CUPA in person or by first class mail. Failure by any person or business to respond within 10 shall be deemed as a waiver of right to a hearing.

If the person or business served with the complaint waives the right to a hearing, the CUPA shall issue an order requiring the person or business to pay the administrative civil penalty in the amount specified in the complaint, unless the person or business and the CUPA have entered into a settlement agreement, in which case the person or business shall pay the amount specified in the settlement agreement.

The hearing on the proposed administrative civil penalty shall be heard by the Fire Chief or a Hearing Officer designated by the Fire Chief.

At the hearing, a representative of the CUPA shall set forth the facts which justify the penalty, the applicable provisions of the ordinance, State law, or CUPA orders or notices that have been violated, and the factors relied upon by the CUPA in setting the amount of the proposed penalty.

The person or business may appear in person or by agent or legal counsel and may present information relevant to the charges or the proposed penalty.

In conducting the hearing, the Hearing Officer shall receive information, evidence, and testimony relevant to the alleged violation and the penalty to be imposed. The formal rules of evidence shall not apply, but evidence presented shall be of the type which responsible persons are accustomed to rely on in the conduct of serious affairs.

If the Hearing Officer determines that an administrative civil penalty is justified, the Hearing Officer shall consider all of the relevant circumstances in setting the amount of the penalty, including but not limited to the extent of the harm or potential harm caused by the violation, the nature of the violation(s) and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person or business that holds the permit.

The Hearing Officer shall issue its decision in writing no later than 30 days after the hearing. The written decision of the Hearing Officer shall include findings which explain the basis for imposition of the administrative civil penalty and the amount of the penalty and an order for payment of the penalty within 30 days. Copies of the order shall be served by personal service or certified mail upon the person or business served with the complaint and upon any other persons who appeared at the hearing and requested a copy.

Within 30 days after service of a copy of the decision of the Hearing Officer, the person or business may file with the Superior Court a petition for a writ of mandate for review of the decision. If the person or business fails to file the petition within this 30-day period, it may not later challenge the reasonableness or validity of the Hearing Officer's decision in any legal action brought by the CUPA to enforce the decision, or any order, or to seek other legal remedies.

All administrative civil penalties shall be paid within 30 days of the issuance of the Hearing Officer's decision and order. The filing of a writ of mandate shall not stay the accrual of administrative civil penalties imposed by the Hearing Officer.

This section shall supplement any other legal remedies and shall not preclude the CUPA from filing a civil or criminal action against the person or business to enforce the ordinance or any orders or notices issued by the CUPA or to assess administrative civil penalties. Notwithstanding the provisions of Chapter 1-20, the decision of the Hearing Officer is final and may not be appealed to the Council.

A person or business regulated under this chapter may request a hearing regarding fees, written notices and orders of the CUPA, denial of permits, proposed suspension or revocation of permits, and immediate suspension of permits to operate.

The person or business may request a hearing in writing addressed to the Fire Chief within 10 days after the action. The Fire Chief shall set a date for the hearing within 30 days after receipt of the written request. Notice of the time and place of the hearing shall be mailed to the appellant no later than 15 days before the date set for the hearing by first class mail. The Fire Chief may request the appellant to produce specific records at such hearing and the notice may designate records required to be produced.

At the hearing, a representative of the CUPA shall set forth facts and the applicable statutes, regulations or provisions of this chapter which are applicable and information concerning how fees have been determined.

The appellant may appear in person or by agent or legal counsel and may present such evidence as may be relevant.

In conducting the hearing, the Hearing Officer shall receive such information, evidence, and testimony as is relevant to the alleged violation, and the formal rules of evidence shall not apply but evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.

The Hearing Officer shall render the decision within 10 days after the hearing and a copy of the written decision including findings shall be sent to the appellant by first class mail.

Notwithstanding the provisions of Chapter 1-20, the decision of the Hearing Officer is final and may not be appealed to the Council.