§ 450-8.018. Review, audit and inspection.

(a)

Upon submission of a safety plan by the stationary source, the department shall review the safety plan to determine if all the elements required by Section 450-8.016 are included and complete. The department shall provide to the stationary source a written notice of deficiencies, if any. The stationary source shall have sixty calendar days from receipt of the notice of deficiencies to make any corrections. The stationary source may request, in writing, a one-time thirty-day calendar day extension to correct deficiencies. By the end of the sixty calendar days or any extension period, the stationary source shall resubmit the revised safety plan to the department. After the department determines that the safety plan is complete, the department shall schedule a public meeting on the stationary source's safety plan to explain its contents to the public and take public comments. Public comments on the safety plan shall be taken by the department for a period of forty-five days after the safety plan is made available to the public. The department shall schedule a public meeting on the stationary source's safety plan during the forty-five day comment period. The public meetings shall be held in the affected community on evenings or weekends. The department shall respond in writing to all written comments received during the forty-five day comment period and to all oral comments received and not addressed at the public meeting. The department shall make portions of the safety plan, which are not protected trade secret information, available to the public for the public meeting.

(b)

(1)

The department shall, within one-year of the submission of the stationary source's safety plan, conduct an initial audit and inspection of the stationary source's safety program to determine compliance with this chapter. Based upon the department's review of the safety plan and the audit and inspection of the stationary source, the department may require modifications or additions to the safety plan submitted by the stationary source, or safety program to bring the safety plan or safety program into compliance with the requirements of this chapter. Any determination that modifications or additions to the safety plan or safety program are required shall be in writing, collectively referred to as the "preliminary determination." The preliminary determination shall explain the basis for the modifications or additions required to bring the safety plan or safety program into compliance with the requirements of this chapter and provide a timetable for resolution of the recommendations. The preliminary determination shall be mailed to the stationary source.

(2)

The stationary source shall respond in writing to the preliminary determination issued by the department. The response shall state that the stationary source will incorporate into the safety plan or safety program the revisions contained in the preliminary determination or shall state that the stationary source rejects the revisions; in whole or in part. For each rejected revision, the stationary source shall explain the basis for rejecting such revision. Such explanation may include substitute revisions.

(3)

The stationary source's written response to the department's preliminary determination shall be received by the department within ninety days of the issuance of the preliminary determination or such shorter time as the department specifies in the preliminary determination as being necessary to protect public health and safety. Prior to the written response being due and upon written request from the stationary source, the department may provide, in writing, additional time for the response to be received.

(4)

After receiving the written response from the stationary source, the department shall issue a public notice pursuant to the department's public participation policy and make portions of the safety plan, the preliminary determination and the stationary source's responses, which are not protected trade secret information, available for public review. Public comments on the safety plan shall be taken by the department for a period of forty-five days after the safety plan, the preliminary determination and the stationary source's responses are made available to the public. The department shall schedule a public meeting on the stationary source's safety plan during the forty-five day comment period. The public meetings shall be held in the affected community on evenings or weekends. The department shall respond in writing to all written comments received during the forty-five day comment period and to all oral comments received and not addressed at the public meeting.

(c)

Based upon the department's preliminary determination, review of the stationary source's responses and review of public comments on the safety plan, the preliminary determination and the stationary source's responses, the department may require modifications or additions to the safety plan submitted by the stationary source or safety program to bring the safety plan or safety program into compliance with the requirements of this chapter. Any determination that modifications or additions to the safety plan or safety program are required, and any determination that no modifications or additions to the safety plan or safety program are required shall be in writing (collectively referred to as "final determination"), shall be mailed to the stationary source and shall be made available to the public. A copy of the final determination report will be sent to Cal/OSHA, EPA and the local fire department that has oversight of the stationary source. The department may not include in a final determination any requirements to a safety plan or safety program that would cause a violation of, or conflict with, any state or federal law or regulation or a violation of any permit or order issued by any state or federal agency.

(d)

Within thirty days of the department's final determination, the stationary source and/or any person may appeal the final determination to the board of supervisors pursuant to Chapter 14-4 by a verified written notice of appeal filed with the clerk of the board of supervisors and payment of the applicable appeal fee. The appeal must be limited to issues raised during the public comment period. The notice shall state the grounds for any such appeal, including (i) the reasoning that the appeal is necessary because the stationary source is in compliance with this chapter, or (ii) the reasoning that the appeal is necessary to bring the stationary source into compliance with this chapter. In acting on the appeal, the board shall have the same authority over the final determination as the department. The board may require modifications or additions to the safety plan or safety program to bring the safety plan or safety program into compliance with the requirements of this chapter. The board may not include in its decision on the final determination any requirements to a safety plan or safety program that would cause a violation of, or conflict with, any state or federal law or regulation or a violation of any permit or order issued by any state or federal agency. The decision of the board of supervisors shall be final with respect to the final determination.

(e)

The safety plan shall be valid for a period of three years from the date of receipt by the department and shall be reviewed and updated by the stationary source every three years pursuant to the requirements of this chapter. Any revisions to the safety plan as a result of the review and update shall be submitted to the department and shall be subject to the provisions of this section.

(f)

The department may, within thirty days of a major chemical accident or release, initiate a safety inspection to review and audit the stationary source's compliance with the provisions of Section 450-8.016. The department shall review and audit the stationary source's compliance with the provisions of Section 450-8.016 at least once every three years. The department may audit the stationary source based upon any of the following criteria: accident history of the stationary source, accident history of other stationary sources in the same industry, quantity of regulated substances present at the stationary source, location of the stationary source and its proximity to the public and environmental receptors, the presence of specific regulated substances, the hazards identified in the safety plan, a plan for providing neutral and random oversight, or a complaint from the stationary source's employee(s) or their representative. The stationary source shall allow the department to conduct these inspections and audits. The department, at its option, may select an outside consultant to assist in conducting such inspection.

(g)

Within thirty days of a major chemical accident or release the department may commence an incident safety inspection with respect to the process involved in the incident pursuant to the provisions of Section 450-8.016(c).

(h)

(1)

Based upon the department's audit, safety inspection or an incident inspection, the department may require modifications or additions to the safety plan submitted by the stationary source or safety program to bring the safety plan or safety program into compliance with the requirements of this chapter. Any determination by the department shall be in writing and shall be mailed to the stationary source (referred to as the "notice of findings"). The stationary source shall have sixty calendar days from receipt of the notice of findings to make any corrections. The stationary source may request, in writing, a one-time thirty-day calendar day extension to make corrections. The department may not include in its notice of findings requirements to a safety plan or safety program that would cause a violation of, or conflict with, any state or federal law or regulation or a violation of any permit or order issued by any state or federal agency. The notice of findings made by the department will be available to the public.

(2)

Within thirty days of the department's notice of findings, the stationary source and/or any person may appeal the notice of findings to the board of supervisors pursuant to Chapter 14-4 by a verified written notice of appeal filed with the clerk of the board of supervisors and payment of the applicable appeal fee. The appeal must state the grounds for any such appeal, including (i) the reasoning that the appeal is necessary because the stationary source is in compliance with this chapter, or (ii) the reasoning that the appeal is necessary to bring the stationary source into compliance with this chapter. In acting on the appeal, the board shall have the same authority over the notice of findings as the department. The board may require modifications or additions to the safety plan or safety program to bring the safety plan or safety program into compliance with the requirements of this chapter. The board may not include in its decision on the notice of findings any requirements to a safety plan or safety program that would cause a violation of, or conflict with, any state or federal law or regulation or a violation of any permit or order issued by any state or federal agency. The decision of the board of supervisors shall be final with respect to the notice of findings.

(i)

Nothing in this section shall preclude, limit, or interfere in any way with the authority of the county to exercise its enforcement, investigatory, and information gathering authorities under any other provision of law nor shall anything in the chapter effect or diminish the rights of the stationary source to claim legal privileges such as attorney client privilege and/or work product with respect to information and/or documents required to be submitted to or reviewed by the department.

(Ord. No. 2014-07, § VI, 6-17-14; Ords. 2006-22 § 6, 98-48 § 2)