Section 25505.

(a)  (1)  Except as provided in subdivision (e), each handler shall submit its business plan to the administering agency in accordance with the requirements of this article and certify that the business plan meets the requirements of this article.

(2)  If, after review, the administering agency determines that the handler's business plan is deficient in any way, the administrative agency shall notify the handler of those deficiencies. The handler shall submit a corrected business plan within 30 days from the date of the notice.

(3)  If a handler fails, after reasonable notice, to submit a business plan in compliance with this article, the administering agency shall immediately take appropriate action to enforce this article, including the imposition of civil and criminal penalties as specified in this article.

(b)  In addition to the requirements of Section 25510, whenever a substantial change in the handler's operations occurs that requires a modification of its business plan, the handler shall submit a copy of the business plan revisions to the administering agency within 30 days from the date of the operational change.

(c)  Each handler shall, in any case, review the business plan, submitted pursuant to subdivision (a) or (b) at least once every three years thereafter after the initial submission of the business plan, to determine if a revision is needed and shall certify to the administering agency that the review was made and that any necessary changes were made to the plan. A copy of those changes shall be submitted to the administering agency as a part of that certification.

(d)  Unless exempted from the business plan requirements under this chapter, each handler shall annually report its hazardous materials inventory on the form required by subdivision (a) of Section 25503.3 or in the alternative form designated by the administering agency pursuant to subdivision (b) of Section 25503.3, or submit a certification statement to the administering agency of the county or city in which the handler is located.

(e)  (1)  Notwithstanding any other provision of this article, an administering agency may, with the written concurrence of the local fire chief, require a handler to submit only the inventory required by subdivision (a) of Section 25504, a list of emergency contacts, a site plan, and a certification that the handler has prepared a complete business plan that meets the requirements of this article, in lieu of the submission of a business plan, and require the handler to maintain the complete business plan at the site where the inventory is stored.

(2)  If an administering agency requires a handler to submit only the inventory, the list of emergency contacts, the site plan, and the certification pursuant to paragraph (1), the administering agency shall review the remaining components of the business plan during its periodic inspections of the handler, and the handler shall annually submit a form, provided by the administering agency, that certifies that the handler has included, and maintains as current, in the business plan, all other information required pursuant to Section 25504. Whenever there is a substantial change in a handler's operations that requires modification of its business plan, the handler shall submit a copy of those changes in accordance with subdivision (b).

(3)  If an administering agency requires a handler to submit only the inventory, the list of emergency contacts, the site plan, and the certification pursuant to paragraph (1), the administering agency shall obtain from the handler the other components of the business plan that are not filed with the administering agency upon receipt of a request for public inspection of the business plan. The handler shall submit a complete copy of the business plan to the administering agency within five working days after the administering agency receives a request for public inspection and the administering agency shall make the business plan available to the member of the public requesting the inspection in accordance with the procedures specified in Section 25506. The administering agency shall not charge for a request to obtain this information or for an examination of the business plan during the administering agency's normal working hours.

(4)  If, for any reason, a business plan maintained by a handler that is required to only submit the inventory, the list of emergency contacts, the site plan, and the certification pursuant to paragraph (1), is damaged or destroyed, the handler shall replace the business plan within 15 days of its damage or destruction, and shall notify the administering agency of the replacement.

(Amended by Stats. 2000, Ch. 296, Sec. 1. Effective January 1, 2001.)