HomeMy WebLinkAboutORD NO 3814ORDINANCE NO. 3 8 ~1 4
AN ORDINANCE REPEALING CHAPTER 15.65 OF THE
BAKERSFIELD MUNICIPAL CODE AND AMENDING
CHAPTER 8.60 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO THE RESPONSIBILITIES OF THE
BAKERSFIELD CITY FIRE DEPARTMENT, ENVIRON-
MENTAL SERVICES DIVISION, AS THE CERTIFIED
UNIFIED PROGRAM AGENCY WITHIN THE CITY OF
BAKERSFIELD.
WHEREAS, pursuant to Chapter 611 (commencing with section 25404 et seq.) Of
the California Health and Safety Code, the City of Bakersfield has been certified by the
Secretary of the California Environmental Protection Agency, as the Certified Unified
Program Agency within the incorporated area of the City of Bakersfield; and
WHEREAS, Health and Safety Code Chapter 6.11 defines the scope of the Unified
Program. The Certified Unified Program Agency (CUPA) shall consolidate the
administration of mandated environmental programs; and
WHEREAS, the duties and responsibilities of the Unified Program ,~gency include
unified coordinated inspection and enforcement programs, a consolidated permit for all
programs, a single fee and state surcharge implementation plan and unified single forms
and reporting requirements; and
WHEREAS, Chapter 8.60 (sections 8.60.010 thru 8.60.070) and Chapter 15.65
(sections 15.65.010 thru 15.65.030) address the previous administration of portions of this
unified program which are currently incorrectl and
WHEREAS, local agencies are permitted to augment the minimum reporting
requirement for the Hazardous Materials Release Response Plan and Inventories
program; and
WHEREAS, each certified program agency must institute a single fee system to
fund implementation of the Unified Hazardous Waste and Hazardous Materials Regulatory
Program.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 15.65 of the Bakersfield Municipal Code is hereby repealed.
SECTION 2.
Chapter 8.60 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 8.60
CERTIFIED UNIFIED PROGRAM AGENCY
Sections:
8.60.010
8.60.020
8.60.O30
8.60.040
8.60.050
8.60.060
Authority
Scope of Program
City Enforcement
Additional Materials Regulated
Underground Storage Tank Cleanup Fund
Fee Collection System
8.60.010 Authority.
The Office of Environmental Services for the Fire Department of the City of
Bakersfield has been certified by the Secretary of the California Environmental Protection
Agency as the Certified Unified Program Agency (CUPA) within the incorporated area of
the City of Bakersfield.
8.60.020 Scope of Program.
The Unified Program includes the enforcement and administration of the following
programs:
The requirements of Health and Safety Code Chapter 6.5 (commencing with
Section 25100) applicable to hazardous waste generators and the sections
dealing with permit-by-rule, conditional authorization, and conditional exempt
tiered permits.
The requirements of subdivision (c) of Section 25270.5 of Chapter 6.67 of
the Health and Safety Code for owners and operators of above ground
storage tanks to prepare a spill prevention control and countermeasure plan.
The requirements of Chapter 6.7 of the Health and Safety Codes concerning
underground storage tanks.
The requirements of Article 1 of Chapter 6.95 of the Health and Safety Code
concerning hazardous materials release response plans and inventories.
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The requirements of Article 2 of Chapter 6.95 of the Health and Safety Code
concerning acutely hazardous materials.
The requirements of subdivisions b and c of Section 80.103 of the Uniform
Fire Code, concerning hazardous materials management plans and
inventories.
8.60.030 City Enforcement.
The Environmental Services division of the Bakersfield City Fire Department shall
be responsible for the implementation of the Unified Program within the incorporated area
of the City of Bakersfield.
8.60.040 Additional Materials Regulated.
For the implementation of Article I of Chapter 6.95 (commencing with Section
25500) of the California Health and Safety Code, as part of the Unified Program, the
following materials shall be reported as part of the Hazardous Materials Inventories:
A. Explosives in any quantity.
B Hazardous Waste in any quantity.
8.60.050 Underground Storage Tank Cleanup Fund.
The City hereby adopts the "Petroleum Underground Storage Tank Cleanup" law,
Chapter 6.75 of Division 20 of the California Health and Safety Code, and the regulations
which implement it, including, but not limited to, Title 23, California Code of Regulations,
Chapter 16, Article XI and Chapter 18. The Office of Environmental Services of the Fire
Department of the City of Bakersfield shall be responsible for the implementation and
enforcement of Chapter 6.75 of the California Health and Safety Code.
8.60.060 Fee Collection System.
Pursuant to Article 6.11 of the California Health and Safety Code (commencing with
section 25404, et seq.), the City of Bakersfield hereby institutes the single fee system and
collection of state surcharge revenues as set forth therein. The fees collected for
administration of this program shall be set forth per Bakersfield Municipal Code Chapter
3.70. Charges and fees collected hereunder shall be due and payable on the first day of
the month and become delinquent after the last day of the month. Interest at the rate of
one percent per month shall be added to any charge which is delinquent. Should the City
initiate court action to collect amounts due, the City shall be entitled to collect reasonable
incurred costs.
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SECTION 3.
This ordinance shall be posted in accordance with the City charter provisions and
shall become effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and.aj;I.opted by the
Council of the City of Bakersfield at a regular meeting thereof held on 14AN ! 4 1998 ~ ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSO. N/, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN. SALVAGGIO
COUNCILMEMBER ../V~-.,
COUNCILMEMBER
COUNCILMEMBER
APPROVED: ~N 1 4 1998
BOB PRICE, MAYOR
CITY OF BAKERSFIELD
CITY CLERK and EX OFFIG.]O of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITY ATTORNEY
~.~. JUDY K. SKq
City Attorney
City of Bakersfield
MGNmeg
S:~COUNClL\ORD~UPA.ORD--Decernber 2, 1997
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
COUNTY OF KERN )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on the 15th day of January, 1998, she posted on the Bulletin Board at City Hall, a full,
true, and correct copy of the following: Ordinance No. 3814, passed by the Bakersfield City
Council at a meeting held on the 14th day of January, 1998, and entitled:
Ordinance repealing Chapter 15.65 of the Bakersfield Municipal Code
amending Chapter 8.60 relating to the responsibilities of the Bakersfield City Fire
Department, Environmental Services Division.
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk