ORDINANCE NO______
AN ORDINANCE AMENDING SECTIONS OF TITLE 6 OF THE SAN DIEGO
COUNTY CODE OF REGULATORY ORDINANCES RELATED TO UNIFIED
PROGRAM FACILITY REPORTING REQUIREMENTS, OBSOLETE FEES
AND MEDICAL WASTE CONTAINER LABELING AND SECTION 860.5 OF
THE COUNTY ADMINISTRATIVE CODE RELATED TO SOLID WASTE
HEARING PANEL NOTICES
The Board of Supervisors of the County of San Diego ordains as follows:
Section 1: State law was amended in 2013 to require that business emergency
response plans and hazardous material inventory information to be reported electronically
in the California Environmental Reporting System (“CERS”) (Health and Safety Code
Section 25508). Prior law required reporting to the local Certified Unified Program
Agencies including this County, on specified forms. State law was further amended
effective January 1, 2015 by SB 1261 to change some reporting requirements for business
emergency response plans and hazardous material inventory information, and by AB 333
to eliminate state-wide certain reporting requirements that had already been eliminated in
San Diego County.
This ordinance updates the County Code to conform these state law changes,
primarily by requiring that all Unified Program facility reporting be done in CERS. In
addition, local reporting requirements and fees are conformed to changes in state law
exemptions. In some cases, this means deleting the local statement of an exemption that
has now been enacted at the state level, and that will be reflected in the CERS system. In
other cases, this means eliminating a local fee element for a facility that has been
exempted from reporting at the state level. No new reporting requirements or fees are
imposed by this ordinance and no existing exemptions are eliminated.
The ordinance also deletes a County Administrative Code notice period provision
related to the Solid Waste Hearing Panel that was incompatible with law deadlines for
action by that panel. This amendment includes one subsection which made the fee for
Remote sites in San Diego County Code inoperative.
Section 2: Section 68.902 of the San Diego County Code of Regulatory
Ordinances (the “County Code”) is amended to read as follows:
SEC. 68.902. DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL
HEALTH TO IMPLEMENT AND ENFORCE THE UNIFIED PROGRAM.
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(a) The Director of the Department of Environmental Health, in addition to his other
duties, is hereby designated as the Officer to implement and enforce the Unified Program
as certified by the California Secretary for Environmental Protection and specified in the
California Health and Safety Code, Chapter 6.11 (commencing with Section 25404).
Requirements of the Medical Waste Management Act as defined in Part 14 of Division
104 of the California Health and Safety Code are incorporated into the Unified Program.
(b) The Director of the Department of Environmental Health may designate categories
of facilities that are subject to the Unified Program as “Notification-Only Low Risk
Unified Program Facilities.” Facilities that are subject to the Unified Program solely
because they recycle photochemical wastes to recover silver have been so designated for
many years and will remain so designated unless the Director affirmatively de-designates
such facilities. This designation may also be applied to other categories of facilities but
may only be applied to facilities that are subject to the Unified Program solely as waste
generators. Each category of facilities designated shall be defined by such conditions
concerning wastes and waste management as the Director finds are necessary to ensure
that associated risks are extremely low. Designations shall be disclosed on the
appropriate DEH web page or pages and in local CERS instructions.
(c) Any “notification-only” designation to which an objection is made by the Director
of the California Department of Toxic Substances Control shall be rescinded.
(d) The Director may streamline the permitting and reporting process for notificationonly low risk unified program facilities, and need not perform inspections of these
facilities.
Section 3: Section 68.904 of the County Code is amended to read as follows:
SEC. 68.904. CERS REPORTING
(a) Any business which handles hazardous material in quantities subject to the
requirements of Chapter 6.95, and which has not been designated as a notification-only
low risk unified program facility, shall provide inventory information and a business plan
for emergency response in CERS in conformance with said Chapter. These businesses
shall also provide in CERS the additional locally required information specified in
Sections 68.1113 and 68.1116 through 68.1122 of this code.
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(b) Any business, person, owner or operator that operates a unified program
facility shall submit, through CERS, the facility information required to be reported under
State law and the additional locally required information specified in Section 68.1113 of
this code.
(c) Pursuant to Section 25508.1 of the California Health and Safety Code
electronic updates are required for reportable information affected by the following
events:
(1)
(2)
(3)
(4)
(5)
(6)
A 100 percent or more increase in the quantity of a previously disclosed
hazardous material that is subject to the inventory reporting requirements in
State law.
Any handling of a previously undisclosed hazardous material that is subject
to the inventory reporting requirements in State law.
Change of business address.
Change of business ownership.
Change of business name.
A substantial change (as defined in State law) in the handler’s operations
occurs that requires modification to any portion of the business plan.
(d) Submissions for new permits must be made within 30 days of commencing
operation. All required updates must be made within 30 days of the triggering event.
(e) Notification and submittal of unified program facility information through
CERS is the only submittal method that meets the requirements of State law and this
code.
(f) Submissions, updates, and any required certifications in CERS may be made by
the business, person, owner or operator of the Unified Program facility or by an officially
designated representative.
Section 4: Section 68.904.5 of the County Code is amended to read as follows:
SEC. 68.904.5. DEFINITIONS
The relevant definitions in Chapters 6.5, 6.67, 6.7 and 6.95 of Division 20 and in
Part 14 of Division 104 of the California Health and Safety Code shall apply where the
context makes those definitions applicable. In addition, the following definitions apply to
Chapters 9, 10, 11, and 12 of this Division.
(a) “Accepted” in reference to CERS, or “Accepted in CERS” means the CUPA has
reviewed the submitted program elements and finds that the data /documents provided
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appear to meet the State and local reporting requirements. Accepted status does not
imply that data has been validated by a field inspection or that the accuracy of the
submission has been verified.
(b) “CERS” and “California Environmental Reporting System” have the same
meaning as “statewide information management system” as defined in the California
Health and Safety Code, Section 25501.
(c) "Certified Uniform Program Agency" or "CUPA" means the agency certified by
the Secretary of the California Environmental Protection Agency to implement the
unified program in the County of San Diego.
(d) “Chapter 6.95” means Chapter 6.95 (commencing with Section 25500) of Division
20 of the California Health and Safety Code.
(e) "Program elements" means the unified program elements specified in Health and
Safety Code Section 25404(c), the administration of which have been consolidated under
California State Law as the unified program. "Program element" refers to any of the
program elements.
(f) "Unified program facility" or “UPF” means all contiguous land and structures,
other appurtenances and improvements on the land, which are subject to the requirements
listed in Health and Safety Code Section 25404(c).
(g) "Unified program facility permit" or “UPFP” means the permit issued by the
Department of Environmental Health pursuant to Chapters 9, 10, 11, and 12 of this
Division. These permits implement unified program elements for hazardous materials
and hazardous wastes, and also implement the State program to regulate facilities that
generate, handle, store, or treat medical wastes. Permits excluded from the definition of
“Unified Program Facility Permit” at Section 25404(a)(6) of the California Health and
Safety Code (e.g., Fire Code and Building Code permits) are not unified program facility
permits.
Section 5: Section 68.905 of the County Code is amended to read as follows:
SEC. 68.905. UNIFIED PROGRAM FACILITY PERMIT REQUIRED
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No business, person, owner or operator shall operate a unified program facility as
defined in the California Health and Safety Code, Division 20, Chapter 6.11 or generate,
store, transfer, or dispose of medical waste without first obtaining a unified program
facility permit with the applicable permit elements from the Director of the Department
of Environmental Health. Unified program facility permits are not transferable to a
different business, person, owner or operator; a new permit must be obtained. Any
business, person, owner or operator who operates a unified program facility or generates,
stores, transfers or disposes of medical waste without first obtaining a unified program
facility permit from the Director of the Department of Environmental Health shall cease
operations and shall be guilty of a misdemeanor punishable by a $1,000 fine or 6 months
in prison or both. The County may also impose civil penalties against the business,
person, owner or operator in the amount of $1,000 per violation and may seek injunctive
relief if the business, person, owner or operator refuses to cease operation.
Section 6: Section 68.906 of the County Code is amended to read as follows:
SEC. 68.906. APPLICATION FOR PERMIT
Every applicant for a unified program facility permit required by this division shall
submit the information required to obtain said permit through CERS. Any required
update to such information (including but not limited to information on changes in
ownership) shall be submitted in the same manner.
Section 7: Section 68.907 of the County Code is amended to read as follows:
SEC. 68.907. FEE
(a) Every business, person, owner or operator required to have a unified program
facility permit shall pay the applicable fees specified in Section 65.107 of this code when
applying for a new permit or for the annual renewal of an existing permit.
(b) The Director may collect a fee that is based on the relevant facts observed
during an inspection, notwithstanding any contrary data in CERS. The Director is not
obliged to reduce CERS-based fees downward where a business has failed to update
CERS data in time for data to be “accepted” prior to an annual invoice being calculated.
It is the responsibility of the facility operator to keep information required to be reported
in CERS up to date.
Section 8: Section 68.907.1 of the County Code is amended to read as follows:
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SEC. 68.907.1 ESTABLISHED FACILITY NON-NOTIFICATION FEE
Any business, person, owner or operator who operates a unified program facility
and has failed to obtain or apply for a Unified Program Facility Permit through CERS
shall be subject to a onetime non-notification fee as specified in Section 65.107 (k) of this
Code to recover the additional permit processing costs.
Section 9: Section 68.908 of the County Code is amended to read as follows:
SEC. 68.908.
HEALTH
INVESTIGATION BY DEPARTMENT OF ENVIRONMENTAL
Upon receipt of notification from the business, person, owner or operator through
CERS that required information has been submitted, plus payment of the required fee, it
shall be the duty of the Director of the Department of Environmental Health to
investigate the matters set forth in such notification and related submittals, and the
unified program facility conditions in and about the place where it is proposed to conduct
the activities subject to unified program requirements specified in the notification. If the
Director of the Department of Environmental Health determines that the statements
contained in the notification are true, and that the facility complies with unified program
facility requirements as set forth in this Code and State law, a unified program facility
permit shall thereupon be granted. If the business, person, owner or operator of the
facility required to obtain the unified facility program permit fails to pay appropriate fees
associated with a unified program facility permit or upon inspection a facility fails to
comply with requirements as set forth in this Code or State law, such unified program
facility permit shall be denied.
Section 10: Section 68.908.1 of the County Code is amended to read as follows:
SEC. 68.908.1 RE-INSPECTION WITH RE-INSPECTION FEE
If the unified program facility permit is denied for failure to pay appropriate fees
associated with a unified program permit, or if a facility fails to comply with
requirements set forth in this code or State law, a re-inspection will be performed upon
payment of the appropriate fees and a re-inspection fee. Any notification and related
submittals for a new or updated permit will be processed in accordance with Section
68.908.
Section 11: Section 68.908.2 of the County Code is amended to read as follows:
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SEC. 68.908.2 ADDITION, DELETION, OR MODIFICATION OF A PERMIT
ELEMENT
Any permittee who needs to add or delete a permit element or make any other
modification to their unified program facility permit shall submit that information
through CERS. Any fee adjustments applicable based on those updates will apply to the
next annual fee invoice for the facility.
Section 12: Section 68.909 of the County Code is amended to read as follows:
SEC. 68.909.
PROCEDURES
ELECTRONIC
REPORTING
AND
VERIFICATION
Unified program facility information submitted in CERS must be certified
annually, even if there are no changes, by resubmittal of the facility information through
CERS. Provided required fees have been paid, the Director shall verify the completeness
of the reported information. Information that is verified as complete and is accepted by
DEH in CERS shall be treated as having been submitted when it was first posted by the
business, person, owner, operator or designated representative. Information that is
identified by DEH as “not accepted” in CERS shall be deemed submitted on the date that
corrected information was submitted, provided that corrected information is verified as
complete and is accepted by DEH in CERS.
Section 13: Section 68.909.5 is added to the County Code, to read as follows:
SEC. 68.909.5
FACILITIES
NOTIFICATION-ONLY LOW RISK UNIFIED PROGRAM
Businesses operating facilities designated pursuant to Section 68.902(b) of this
code as being eligible for treatment as “notification-only low risk unified program
facilities” may submit an annual notification through CERS in lieu of a permit
application and in lieu of any other CERS reporting for that facility only. This
notification shall include an entry in the Facility Information element in CERS that the
facility generates hazardous waste, and a statement by the business certifying that the
facility meets the conditions for “notification only" status established by the Director for
the specific facility type.
Section 14: Section 68.911 of the County Code is amended to read as follows:
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SEC. 68.911. STATE SURCHARGE
As required by Section 25404.5 of the California Health and Safety Code, each business,
person, owner or operator who notifies the Director through CERS to obtain or update
ownership for a permit to operate an underground storage tank or to renew or amend a
unified program facility permit shall pay a surcharge in addition to the local permit fee.
The amount of the surcharge shall be determined by the State in the manner prescribed in
State law. (The State surcharge is not a County fee and State surcharge revenues are not
retained by the County.)
Section 15: Section 68.1112.5 is added to the County Code to read as follows:
Section 68.1112.5
REQUIREMENTS
LOCAL INTERPRETATIONS
OF
CERTAIN CERS
(a) Site maps submitted through CERS shall identify each location where a
reportable quantity of a hazardous material is stored, even if materials stored in different
locations are combined for inventory reporting purposes.
(b) Chemicals with the same CAS (Chemical Abstract Service) number can be
combined for CERS purposes even if the common names of those chemicals as labeled at
the facility differ. A single applicable common name can be reported.
(c) The Director may allow specific categories of low-risk hazardous materials
that are similar in type, physical state and hazardous components or properties to be
combined for reporting purposes, even if those materials have different CAS numbers.
The Director shall document his determinations that categories of materials can be
combined by posting local instructions in CERS.
Section 16: Section 68.1113 of the County Code is amended to read as follows:
SEC. 68.1113. ADDITIONAL LOCALLY-REQUIRED INFORMATION ON
HAZARDOUS COMPRESSED GASES, CARCINOGENS AND REPRODUCTIVE
TOXINS.
(a) Any business which handles compressed gases with an American Conference of
Governmental Industrial Hygienists Threshold Limit Value (TLV) of 10 parts per million
or less shall report these gases in CERS as part of their chemical inventory, in any
quantity, unless the contents are an instrument calibration gas standard at a concentration
below the Immediately Dangerous to Life and Health (IDLH) limits of the gas. The
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business shall prepare a business plan in conformance with Chapter 6.95, and shall
submit said plan to the Director of the Department of Environmental Health through
CERS.
(b) Any business which is required to submit a business plan under Chapter 6.95 or
under subsection (a) of this section, which handles a material which is a carcinogen or
reproductive toxin in quantities not subject to the requirements of Chapter 6.95, shall
provide a list in CERS of each such material handled during the previous year.
(1) The list shall be provided on a locally-required form added to CERS by the
Director, or equivalent. The form can require information on quantities based on
good faith estimates. No other reporting in CERS is required for below-threshold
quantities of these substances.
(2) If there are changes to the list, it shall be renewed each year by providing a
supplemental report to the Director through CERS which:
(i) Deletes any such material which was not handled during the previous
year;
(ii) Provides the information required in subsection (1) above, for any such
material used during the previous year which was not included in the list or
any previous supplemental listing sheets; and
(iii) Identifies any changes in the quantity handled of such material.
(3) If there are no changes to the list, the business shall notify the Director
annually through CERS by including a statement certifying there have been no
changes.
(c) Subsection (b) shall not apply to:
(1) Businesses using the following carcinogens: and they shall be exempted from
the requirements of Chapter 6.95 (commencing with Section 25500) of Division
20 of the Health and Safety Code for these substances: aflotoxins, alcoholic
beverages, betel quid with tobacco, bracken fern, diesel engine exhaust, gasoline
engine exhausts, tobacco smoke, aspirin, cocaine, anabolic steroids, oral
contraceptives, saccharin, and tobacco.
(2) The following carcinogens: gasoline, crystalline, silica, soots, tars and mineral
oil, and residual (heavy) fuel oils. Any business which handles these carcinogens
is subject to the requirements of Chapter 6.95 (commencing with Section 25500)
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of Division 20 of the Health and Safety Code for these substances.(3) Materials
which are (i) used or intended for use for medical or therapeutic purposes, or (ii)
contained solely in a consumer product for direct distribution to, and use by, the
general public.
(d) For the purpose of this section, a carcinogen and reproductive toxin shall be
those listed by the Governor pursuant to Health and Safety Code Section 25249.8.
Section 17: Section 68.1116 of the County Code is amended to read as follows:
SEC. 68.1116. SMALL COMPRESSED GAS CYLINDER EXEMPTION.
Compressed gases in cylinders containing any of the following materials used for
the purpose specified and stored at each Unified Program Facility in quantities not
exceeding the thresholds specified below are exempt from Section 25507 of the
California Health and Safety Code.
(a) Non-refrigerated or non-cryogenic carbon dioxide compressed gas used for
carbonation of beverages and stored in quantities of not more than 6000 cubic feet at
standard temperature and pressure.
(b) Refrigerated or cryogenic carbon dioxide compressed gas used for carbonation of
beverages and stored in quantities of not more than 3500 cubic feet at standard
temperature and pressure
Section 18: Section 68.1117 of the County Code is amended to read as follows:
SEC. 68.1117. SMALL PROPANE GAS TANK EXEMPTION.
Propane at commercial buildings, restaurants and RV hookup stations that handle
1000 gallons or less of propane gas in stationary tanks exclusively for heating, cooling, or
cooking on site are exempt from Section 25507 of the California Health and Safety Code.
This exemption does not include sites that dispense propane.
Section 19: Section 68.1118 of the County Code is repealed:
Section 20: Section 68.1119 of the County Code is amended to read as follows:
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SEC. 68.1119. CLOSED FIRE SUPPRESSION SYSTEM EXEMPTION
Materials in closed fire suppression systems are exempt from Section 25507 of
the California Health and Safety Code.
Section 21: Section 68.1120 of the County Code is repealed:
Section 22: Section 68.1205 of the County Code is amended to read as follows:
SEC. 68.1205. MEDICAL WASTE CONTAINER LABELING.
Medical waste must be accumulated, stored and transferred in containers that meet
the requirements specified in the California Medical Waste Management Act. Primary
containers accumulating medical wastes (e.g. including but not limited to sharps
containers, red bags, chemotherapeutic, pharmaceutical and pathology waste containers),
with the exception of small bench top red bags used to collect medical waste (such as
non-breakable pipette tips) that are later consolidated into a large, labeled medical waste
red bag, must be labeled in a manner that will identify the generator by
location. Acceptable labels could include an electronic tracking system (e.g. bar code or
unique number) or a label with generator's name, address and phone number that is
visible on the outside of the container. This label must be attached when the container is
first used to accumulate or store medical waste.
Section 23: Section 65.102 of the County Code is amended to read as follows:
SEC. 65.102. ANNUAL FEE FOR ENVIRONMENTAL HEALTH REGULATED
ACTIVITIES.
Every person applying for a permit, license or registration for a food
establishment, apartment house or hotel, organized camp, public swimming pool, sewage
pumping vehicle, unified program facility or other environmental health regulated
business or facility for which an annual or one time permit, license or registration is
required under the provisions of this Code and issued by the Director shall at the time of
making application for the permit, license or registration pay the permit, license or
registration fees, as set forth in Section 65.107.
Section 24: Subsection (k) of Section 65.107 of the County Code is amended to
read as follows:
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SEC. 65.107. FEES
(k) UNIFIED PROGRAM FEES:
(1) Unified Program Facility Permit Base Fee (Required for all Operating Permits
except as noted): $228
Reinspection Fee:
$228
(2) Hazardous and Medical Waste Generator Operating Permit
Hazardous wastes stored in underground storage tanks are not subject to the fees in
section (2).
Waste oil recycled by recycling company (flat rate):
$84
Large Quantity Universal Waste Handler 5,000 kg per year or more (flat rate):
Per Waste less than 5 tons per year:
Per Waste 5-50 tons per year:
$84
$186
Per Waste greater than 50 tons per year:
$318
(3) Onsite Hazardous Waste Treatment (Tiered Permitting) Facility Fee
Conditional Exemption: $102
Conditional Authorization: $450
Permit by Rule: $679
(4) Hazardous Material Response Plans and Inventory Operating Permit (Maximum
Fee is as noted below.): $2,391
Per material less than 550 gallons, 5,000 pounds or 5,000 cubic feet of compressed
gas (maximum quantity): $71
Per material 550 to 5,500 gallons, 5,000 to 50,000 pounds or 5,000 to 20,000 cubic
feet of compressed gas (maximum quantity): $112
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Per material greater than 5,500 gallons, 50,000 pounds or 20,000 cubic feet of
compressed gas (maximum quantity): $203
[Hazardous materials stored in underground tanks are not subject to the fees in Section
(4).]
(5) Limited hazardous waste/materials operating permit for businesses handling or
generating only one (1) disclosable material or waste stream, including large quantity
Universal Waste Handler (includes Operating Permit Base Fee): $257
(6) Underground Hazardous Materials Storage Operating Permit Per Tank (includes
storage of Hazardous Wastes and Hazardous Materials): $433
(7) Underground Hazardous Materials Storage Tank Special Permits
New Underground Storage Tank Installation/Repair/Upgrade (Interior lining,
bladder installation)
Base Fee [includes one (1) tank]: $1,420
Each Additional Tank: $412
Plan Re-Review and Plan Extension:
$452
Closure/Removal
Base Fee [includes one (1) tank]: $886
Each Additional Tank:
$384
Plan Re-Review and Plan Extension: $452
Underground Storage Tank modification/ upgrade including pipe repair/
replacement that involves two inspections
Base Fee (includes entire facility): $1,656
Plan Re-Review and Plan Extension: $452
Underground Storage Tank modification that involves one inspection
Base Fee (includes entire facility): $1,123
Reduced Rate Fee (applies to simple projects): $709
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Plan Re-Review and Plan Extension: $452
Underground Storage Tank re-inspection fee: $709
Underground Storage Tank Additional Plan Check Inspection: $568
(8) Business establishments generating less than 200 pounds per month of medical
waste (Operating Permit Base Fee not required): $174
(9) Business establishments generating 200 pounds or more per month of medical
waste: $228
(10) Hazardous Materials Management Business Plan (HMBP) Review for sites
amending their HMBP as part of the Building Permit process (fee per site): $418
Hazardous Materials Management Business Plan (HMBP) Review for sites
evaluated as part of the Building Permit process (Exempted Sites; fee per site): $81
(11) Preliminary workscope assessment where no fee is specifically indicated.
(Includes Risk Management Plans and other technical assistance.) Minimum charge, two
hours at the hourly rate as specified in Section (m)(5).
(12) California Accidental Release Program (CalARP) and Risk Management Plans
(RMPs)
Program Level 1 annual fee for triennial inspection: $238
Program Levels II & III annual fee for triennial inspection:
$598
Sites are billed at the hourly rate specified in Section (m)(5) for RMP review work
and additional inspection/ audit costs that exceed the annual fee.
(13) Day Care Questionnaire Review for City of San Diego (fee per site):
$170
(14) Notification Only Fee for Low Risk Unified Program Facilities designated by
the Director of Environmental Health as notification only (Operating Permit Base Fee not
required): $53
(15) Established businesses that operate a facility subject to the Unified Program
without first submitting a permit application or notification to the Department must pay
the following one-time non-notification fee. $228
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(16) Biotechnology facilities and research and development laboratories subject to
the Unified Program Facility Permit base fee, the hazardous waste fees or the hazardous
materials fees may have these fees reduced by 25% if the facility meets performance
standards as defined by the Department.
(17) University of California at San Diego (UCSD) sites limited to contiguous
UCSD owned property on and around Gilman Drive in the City of San Diego subject to
the Unified Program Facility Permit Base Fee, the Hazardous Waste Generator Fees, the
Medical Waste Generator Fees, the Hazardous Materials Fees or the Underground
Storage Tank Operating Permit Fees shall pay an annual flat fee in lieu of the fees listed
in this section. UCSD shall be subject to all other fees not specifically covered in this
Section. The flat fee applies only to UCSD Main Campus and the Scripps Institution of
Oceanography. $20,601
(18) Aboveground Petroleum Storage Act (APSA) annual fee is based on the total
aggregate storage capacity of petroleum stored in Aboveground Storage Tank(s) (AST)
(maximum quantity):
Program Tier I (1,320 - 9,999 gal): $125
Program Tier II (10,000 - 100,000 gal): $460
Program Tier III (100,001 - 1,000,000 gal): $855
Program Tier IV (1,000,001 - 10,000,000 gal): $2,500
Program Tier V (10,000,001 - 100,000,000 gal): $6,000
(19)
The responsible party or the person requesting the County's oversight of
corrective action shall pay the County for its oversight costs. Funds to pay for
Department of Environmental Health's (DEH) oversight of corrective action pursuant to
Section 68.915 of this code shall be advanced to and retained by the County as specified
herein.
An initial deposit as specified in section (k)(21)(a) below shall be made by the
responsible party or the person requesting oversight. Actual time expended by DEH in
oversight shall be charged to this deposit account at the current labor rate.
Additional deposits shall be made to the deposit account by the responsible party or
person requesting oversight as specified by the County, to maintain a positive balance
sufficient to cover anticipated oversight costs in that case for two to three months. Upon
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completion of work and closure of the case, any funds not expended shall be returned to
the responsible party or person seeking oversight.
(a) Corrective Action Initial Deposit: $3,692
Section 25: Section 860.5 of the County Administrative Code is amended to read
as follows:
SEC. 860.5. ORGANIZATION
(a) Officers. The Panel shall select from its membership a Chairperson and a
Vice-Chairperson in July of each year, or if no meeting is held in July at the next meeting
of the Panel following each July. The officers shall serve until the next meeting at which
officers are selected.
(b) Rules. The Panel may prepare and adopt any necessary rules and regulations
for the conduct of its business.
(c) Quorum. Three members currently appointed to the Panel or two members
and an alternate shall constitute a quorum. A majority of three members or two members
and alternate in attendance shall be required to take action.
(d)
Minutes. The Panel shall keep written minutes of its meetings, a copy of
which shall be filed with the Clerk of the Board of Supervisors.
(e)
Meetings. The Panel shall meet as often as may be necessary for the
transaction of business and shall give public notice of the time and place of meetings and
this notice shall be in compliance with the requirements of the Brown Act. All meetings
of the Panel shall be open and public and all persons shall be permitted to attend any
meetings of the Panel.
(f) Government Code Section 1098: County Citizen Panels shall be subject to
the provisions of Government Code Section 1098 - Confidential information; use or
disclosure for pecuniary gain.
Section 26: Effective Date. This Ordinance shall take effect and be in force thirty
(30) days after the date of its passage, and before the expiration of fifteen (15) days after
its passage, a summary shall be published once with the names of the members voting for
and against the same in ____________________________________________, a
newspaper of general circulation published in the County of San Diego.
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