Ord 95ORDINANCE NO. 95
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
TO REPEAL AND R,:,NACT CHAI>r~ 9 OF TITLE 6
OF THE CODE OF RT~UIATORY ORDINANCES Bw. TATING
TO HAZARDOUS WASTE AND EXTR~b~.Y HAZARDOUS WASTE
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Sectic~ 1.
Chapter 9, Title 6 of the San Diego County Code adopted by reference is hereby
repealed.
Section 2.
Chapter 9 is hereby added to Title 6 to read as follows:
CHAPTER 9
HAZARDOUS W~STE ESTABLIS~IENTS
Sec. 68.901. PURPOSE. It is the intent of the City Council that the
Health officer establish a program to monitor es*ahlishments where hazardous
wastes are produced, stored, handled, disposed of, treated or recycled. It is
further the intent of the City Council that the Health officer provide health
care information and other appropriate technical assistance on a 24-hour basis
to emergency responders in the event of a hazardous waste incident involving
c~,ut~nity exposure.
Sec. 68.902. COUNTY HEALTH OFFICER TO ENFORCE STATE HAZARDOUS T~ASTE
CONTROL LAW. The Health Officer, in addition to his other duties, is hereby
designated as the Officer to enforce the provisions of the State Hazardous Waste
Control Law and the minimum standards of management of hazardous and extremely
hazardous waste as specified in Chapter 30, Division 4, Title 22 of California
~£1ministrative Code pertaining to the safe productioa, storage, handling, dispo-
sal, treatment and recycling of such waste.
Sec. 68.903. INSPECTION OF PLACES OR ESTABLIS~TUS WHERE HAZARDOUS WASTE
IS PRODUCED, STORED, HANDT.k~D, DISPOSED OF, TREATED, OR RECYCT.RD. It shall be
the duty of the Health Officer to make periodic inspections of all hazardous
waste establishments where hazardous waste and extremely hazardous waste are
produced, stored, handled, disposed of, treated, or recycled. Such establish-
ments shall be referred to in this ordinance as b~zardous waste establishments.
Ordinance No. 95
Page 2
Sec. 68.904. REI~DRTING. The Health Officer is hereby ~owered to
request all persons believed by him to be owners or operators of hazardous waste
establishments to, within thirty (30) days, cc~plete a form specifying the
person's name, address and information concerning general hazardous waste mana-
g e~e~n t activities.
sec. 68.905. PERMIT REQUIRED. It shall be unlawful for a person to
establish, operate or maintain a hazardous waste establishment without first
obtaining a hazardous waste establishment permit from the Health Officer.
Owners and operators of permitted b~zardous waste establishments shall report in
writing any change of business address or change of business name. The report
shall be filed with the Health Officer within thirty (30) days of any such
change.
Sec. 68.906. APPLICATION FOR PERMIT. Every applicant for a permit or
license required by this division shall file with the Department of Health
Services a written application on a form prescribed by said Department. The
application shall state the nsme and address of the applicant, the description
of the property by street and number wherein or whereon it is proposed to con-
duct the activity for which the permit or license is required, the nature of the
permit or license for which application is made, the character of the activity
proposed to be conducted and such other information as the Department of Health
Services may require.
Sec. 68.907. FEE. Every applicant for a permit or license required by
this division shall at the time of making application pay the annual fee pre-
scribed for such permit or license. Such annual permit fees shall be estab-
lished by resolution of the City Council.
Sec. 68.908. II~rESTIGATION BY DEPARTMENT OF HEALTH SERVICES. Upon
receipt of such application, and the required fee, it shall be the duty of the
Health Officer to investigate the matters set forth in such application, and the
hazardous waste conditions in and about the place where it is proposed to con-
duct the activity specified in the application, and if it shall appear to the
Health Officer that the statements contained in the application are true, and
that the existing hazardous waste conditions in the place specified in said
application c~,~ly with the provisions of this Code and State laws, a permit or
license shall thereupon be granted. Such permit or license shall be subject to
revocation or suspension by said Health Officer upon a shc~ing satisfactory to
said Health Officer of a violation by the holder of such permit, his employee,
servant or agent, or any other person acting with his consent or under his
authority, of any provision of this Code or any law of the State of california.
Ordinance No. 95
Page 3
Sec. 68.909. PS~ALTY FOR Dk~.INQU~qT PAYM~qT. Applicants who are
delinquent in filing the application and obtaining the required permit or
license shall be subject to payment of the original fee plus late fees. Late
fees will be ten percent (10%) of the required fee if delinquent by more than
thirty (30) days. Late fees will be one hundred percent (100%) of the required
fee if delinquent by more than sixty (60) days. The imposition of or payment of
the penalty imposed by this section shall not prevent the imposition of any
other penalty prescribed by this Code or any ordinance or prosecution for viola-
tion of this Code or any ordinance.
Sec. 68. 910. P4~EWAL OF PERMIT OR LICENSE - PENALTY FOR DELINQUenCY. A
permit or license issued purusant to this divisiom shall expire on the last day
of the momth of the one year anniversary month in which the permit was issued
and shall be renewed annually. At the time application is made, there shall be
paid to the Department of Health Services the required annual fee, which fee is
due and payable each year. The annual fee, if unpaid, is delinquent on the
first day of the secomd month after the momth in which the permit expires and
thereafter a penalty equal to ten percent (10%) of the annual fee shall be added
thereto, and shall be collected at the time application for renewal is made.
If the annual fee and penalty is not paid the first month after it is due
there shall be added to and collected with the annual fee, an additional penalty
equal to ten percent (10%) of the annual fcc for each month or fraction of a
month during which the annual fee or any penalty comtinues to r~nain unpaid;
provided, however, in no event shall the total penalty added to the annual fee
pursuant to this section be more than sixty percent (60%) of the annual fee.
The imposition of, or payment of the penalty imposed by this section, shall not
prevent the imposition of any other penalty prescribed by this Code, or any
ordinance, or prosecution for violation of this Code, or any ordinance.
Sec. 68.911. NO TRANSFER OF PERMIT. No permit or license issued pursuant
to this division shall be transferable.
Section 3.
This ordinance shall ~ake effect and be in force thirty (30) days after the date
of its passage; and the City Clerk of the City of Poway is hereby authorized to
use sta,,,~ry publication procedures pursuant to Government Code Section 36933
utilizing the Pc~ay Nc~s-Chieftain, a newspaper of general circulation published
in the City of Poway.
Ordinance No. 95
Page 4
Introduced and first re~ at a regular m~cting of the City Council of the
City of Poway held the 12th day of April, 1983, and thereafter PASSED AND
ADg_PT~D at a regular meeting of said City Council held the 19th day of
· 1983· by the following roll call vote:
AYES: COUNC~ERS: E~F~RY, KRUSE, SHEPARDSCN , ORAVEC
NOES: COUNCIIP~MBERS: NCNE
ABS~qT: COUNCI~ERS: TARZY
Linda Oravec, Mayor
~M~rjorie K. Wahlsten/City dlerk~/