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Home My WebLink AboutMINUTES - 10231990 - H.2 17 �. ORDINANCE N0. 90- 99 (Fees for Underground Storage of Hazardous. Substances and Other Hazardous Materials Services) The Contra Costa County Board of Supervisors ordains as follows: SECTION I . SUMMARY. This ordinance establishes revised fees ' to be collected by the Health Services Department, in connection with implementing, administering and enforcing state and County regulations concerning underground storage of hazardous substances and for the provision of- services regarding hazardous materials and wastes. SECTION II. ' PURPOSE. Pursuant to Health and Safety Code section 25283, the 'County is required to implement the -provisions of Chapter 6 .7 (commencing with section 25280) of the Health & Safety. Code .(hereafter, all unspecified section references are to the Health. &. Safety Code) in the County, including within the incorporated cities in the County. Section 25287 (a) requires the establishment of fees at a level sufficient to pay- the necessary and reasonable costs incurred 'in administering Chapter 6 . 7 . . This ordinance establishes_ fees to pay the necessary and reasonable costs incurred by the County- in- carrying out its duties with . respect to implementing and administering the laws on •underground. storage of hazardous substances. This ordinance also establishes fees to cover the cost of various services rendered regarding hazardous materials and wastes. SECTION III. AUTHORITY. This ordinance is adopted, in part- pursuant to Health and Safety Code 'sections 25287 (a), 25299 . 1(4) and 25299 . 2(a) , Government Code sections 54985 et seq. and 54994 . 1, and the County's police power. SECTION IV. FEES. The following fees -are hereby established. 1. Annual permit fees to operate underground storage tanks (S . 25281(x) , hereafter, "tanks" ) which do not have secondary containment and continuous monitoring equipment. a'. For a single tank of 1,000 gallons or less, used solely in. connection with the occupancy of a residence, $100.00. b. For tanks of 50,000 gallons or less, $285 . 00 for the first tank, plus $185.00 for each additional tank. c. For tanks .exceeding 50,000 gallons in capacity, .$385 . 00 per tank. 2. Annual permit fees to operate tanks installed after January 1, 1984.(which have secondary containment and continuous monitoring equipment) . a. For a single tank of 1,000 gallons. .or. less used 'solely in connection with the occupancy of 'a residence, $60.00 . b. For tanks of 501000 gallons or less, $200 .00 for, the first tank-, plus $150.00 for each additional tank. c. . For tanks exceeding 50,000 gallons in capacity, $250 . 00 per tank. 3. Tank installation plan review and inspection fee. a. -The .applicable State surcharge in the amount prescribed by or pursuant. to the law shall 'be collected. b. For ,plan review and inspection of new tank facilities, $385.00 for .the first tank and $70:00 for each additional tank. 90-99 4. Tank closure or removal fee. a.. For the removal, temporary closure, or abandonment of a single tank of' 1,000 gallons .or less, located at a residence and used solely in connection with the occupancy of that residence, $100. b. For the removal, temporary closure, or abandonment of - the first tank at a site, $240 .00, and $100 . 00 for each additional tank. _Removal permits are valid for 90 days from the date of issuance. S. Inspection- and plan review fees for piping replacement or modification. a. For plan review and inspection of pipe replacement or repair; including the installation of overfill protection equipment and corrosion control devices, $280.00. , , 6. Permit amendment or transfer fee. To amend or transfer a permit, $50. 00. I. Tank modification, repair or lining. a. For a permit to modify, repair or line' an underground .tank, $200.00. This includes review and inspection not exceeding four (4 ) -hours of staff time. For each additional hour or fraction thereof of staff time, $70.00 per hour. 8. Contaminated site fee. a. A fee shall be payable in the amount of $70.00 for each hour. or fraction thereof of service delivered by the County Health Services Departmentin. connection .with the characterization or remediation of a site contaminated_ by discharge of a hazardous substance, material or waste, if the owner, operator, or other responsible person in charge of the site requests assistance from. the County or where an inspection or an emergency response is necessary to verify, compliance.. with state and County regulations or to. assure public safety. 9. Reinspection and time use fee. A fee in the amount of $70 . 00 for each hour or -fraction thereof of staff time provided shall be charged in the following cases: a. Whenever more than one inspection or two hours of onsite time is required, in the case of tank removals b. Whenever more than two inspections or four hours of onsite time is required in the case of tank installations. c. Whenever more.: than one reinspection is required to determine compliance. ° d. Whenever inspection, consultation or other services related to underground storage of hazardous substances, or hazardous materials or wastes, are provided and said services .are not otherwise covered by this ordinance. 10. Document search fee. A fee in- the amount of $70.00 for each hour or' fraction thereof of staff time shall be charged ..to any consulting firm, realtor, lending institution or other commercial enterprise for ORDINANCE 90-99 2 y services performed in complying with document research requests by these enterprises . 11. Delinquent Tanks. For tanks which have- not been and should have been permitted for more than one year, the permit fee shall be triple -the applicable annual .permit fee. SECTION V. TIME OF PAYMENT. Fees required by this ordinance .shall be paid before . any provision of services by the County Health " Services Department. -For fees basedupon the amount oftime of, service provided, a deposit calculated to cover the estimated charge shall be paid before the provison. of service. The actual" fee shall be calculated following the provision. of service. . If the ,fee exceeds the deposit, .the difference shall be paid. If. the fee is less than the deposit, the difference shall be. refunded., SECTION VI". LIABILITY. All fees prescribed by this ordinance shall be owed'by and collectible from the owner of any land upon which a hazardous material or hazardous waste is situated; and/or to which the regulatory activities associated with the fee relate, the lessee or operator of any business or enterprise responsible .for hazardous materials or hazardous wastes to which the regulatory activities associated with the fee relate, . and any _ contractor who undertakes activities pertaining to hazardous materials or hazardous waste to which the regulatory activities associated with the fee relate. The foregoing parties shall be' jointly and severally liable for any and all such fees. SECTION VII. COLLECTION OF FEES. A fee which is ,owing. and . unpaid shall become delinquent sixty calendar days following the date of mailing by the Director of Health Services . A delinquency charge in the amount of $75.00 shall be applied and collectible from the parties responsible in connection with all delinquent accounts. The Director of Health Services is authorized to file and , prosecute, in the name of the County, civil suits in Small Claims Courts to collect delinquent fees prescribed by and owing under . this ordinance. In connection with any such suit, a collection cost charge in the amount of $150. 00 shall be payable by the - responsible party. The Director of. Health Services is authorized to deny or . refuse .to renew any permit required by state or County regulations to any person who is liable for and has not paid any fee, including a delinquent fee, imposed by this , Ordinance. SECTION VIII. APPLICABILITY TO GOVERNMENT. Fees established by this ordinance which are otherwise owing shall constitute an obligation of and be payable by the United States of America, State of California, the County, incorporated cities and any and all special districts or other governmental agencies to. the extent permitted by law. SECTION IB. 'SEVERABILITY. If any fee or provision of this ordinance is held invalid or unenforceable by a. court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board of Supervisors declares that it would have adopted each part of this ordinance .irrespective. of the validity of any other part. SECTION X. PRIOR RESOLUTION. Upon the fees imposed herein becoming effective, Resolution No. 85/202 is superseded. SECTION BI. EFFECTIVE DATE. This ordinance becomes effective -30 ORDINANCE 90-9_9 3 days after passage, and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED ON October L3 , " 1990 by the following vote. AYES: Supervisors Powers , Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY: Deputy Chairperson f the Board [SEAL) LTF/jh (November 27, 1990) J-5:\1tf\ord\feea.f The Clerk caused this Ordinance to be published on December 1 , 1990 in the Contra Costa Times pursuant to Govern- ment Code Section 25124(c) , ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County ,Administrator BY Deputy " ORDINANCE 90- 99 4