§ 8.64.040. Permit required.

A.

Permit. Except as provided in Chapter 6.95 CH&SC, no person shall operate or maintain a business where hazardous materials, or a mixture containing hazardous materials, are handled in a quantity that is equal to or greater than an amount specified in Section 8.64.070 without a valid permit issued by the DEH. The owner or operator of a business shall obtain a permit for handling hazardous materials from the DEH.

For a previously non-permitted business, a permit fee and completed Business Emergency Plan are due at the time a hazardous material, or a mixture containing a hazardous material, is first handled at a business in a quantity that is equal to or greater than an amount specified in Section 8.64.070. A permit may be issued at any time during the year.

B.

Requirements. For a business to handle hazardous materials in quantities specified in Section 8.64.070, a completed Business Emergency Plan shall be submitted to the DEH. The Business Emergency Plan shall be submitted on the forms provided by the DEH with the appropriate fee as specified in Ordinance 640 and referenced in Section 8.64.080. All permits shall expire annually on the one-year anniversary of the date of program qualification. A new permit shall be applied for on or before the date of expiration.

C.

Contents of Business Emergency Plan. The completed business emergency plan shall include all the information required for business plans pursuant to Chapter 6.95 CH&SC and the UPCF. The major elements of the required information include:

1.

Business activities information;

2.

Statement of exemption;

3.

Business owner/operator identification;

4.

Hazardous materials inventory;

5.

Site map and storage map;

6.

Emergency procedures;

7.

Employee training plan;

8.

Emergency notification;

9.

Additional information.

The DEH may require such additional information as it deems necessary to meet the intent of this chapter and state law in protecting the public health, safety, or the environment.

D.

Permit Issuance. The DEH will issue a permit to handle hazardous materials when the following requirements have been met:

1.

The Business Emergency Plan has been completed, submitted, reviewed and approved by the DEH.

2.

The applicable fees, paid in full, as specified in Ordinance 640 and referenced in Section 8.64.080, have been received.

E.

Nontransferable Permit. A permit to handle a hazardous material is not transferable.

F.

Maintaining Permit and Business Emergency Plan on Premises. A permit issued pursuant to this Ordinance shall be posted at the permitted place of business. A copy of the approved Business Emergency Plan shall be maintained on-site, clearly identified, and easily accessible to employees.

G.

Failure to Comply.

1.

Failure or refusal of the owner or operator of any business to submit to the DEH, the completed business emergency plan for a permit to handle hazardous materials, as specified in this section, shall constitute a violation of this chapter.

2.

Failure or refusal of the owner or operator of any business to submit to the DEH the appropriate fees, as specified in Ordinance 640 and referenced in Section 8.64.080, shall constitute a violation of this chapter.

(Ord. 651.3 § 4, 2001)

(Ord. 651.4, §§ 8—10, 4-14-2009)