§ 11.70.160. Significant Violation.

A.

"Significant violation" means the failure of a person to comply with any requirement of Division 20, Chapter 6.7, of the California Health and Safety Code, any regulation adopted thereunder, or any requirement of this division, that is any of the following:

1.

A violation that is causing, or threatens to cause, a liquid release of hazardous substances from an underground storage tank system, including, but not limited to: the failure of any required overfill prevention system, where the failure is causing or threatens to cause a release; or the failure of a required spill containment structure, where the failure is causing or threatens to cause a release to the environment due to a spill or an overfill.

2.

A violation that impairs the ability of an underground storage tank system to detect a liquid leak or contain a liquid release of hazardous substances in the manner required by law, including, but not limited to: tampering with leak detection equipment so that the equipment is no longer capable of detecting a leak at the earliest possible opportunity.

3.

A chronic violation or a violation that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the Director shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to any requirement of Division 20, Chapter 6.7, of the California Health and Safety Code or of any regulation adopted thereunder, not including the corrective action requirements in Division 20, Chapter 6.7, of the California Health and Safety Code, section 25296.10, and Title 23, Division 3, Chapter 16, Article 11, of the California Code of Regulations.

B.

"Imminent threat to human health or safety or the environment" means a condition that, as determined by the Director, creates a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the actual or potential damages to human health or safety or the environment.

C.

Notwithstanding subsection A of this section, "significant violation" does not include a failure to comply with the corrective action requirements of Division 20, Chapter 6.7, of the California Health and Safety Code, section 25296.10, and Title 23, Division 3, Chapter 16, Article 11, of the California Code of Regulations.

(Ord. 2015-0016 § 17, 2015.)