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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 Chapter 15.65 of the Bakersfield Municipal Code is hereby repealed.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. -2- 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. -3- 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. ............... 000 ............... 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