HomeMy WebLinkAbout05/28/1992 VICE UAYOR REFERRAL
(PROPOSED ORDINANCES ONLY)
DATE OF REFERRAL: May 28, 1992
REFERRED TO: URBAN DEVELOPMENT
ITEM: AMENDMENTS TO CHAPTER 8.60 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO UNDERGROUND STORAGE TANKS.
BACKUR MATERIAL ATTACHED: Yes, ordinance.
PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED.
cc: Honorable Mayor and City Council
City Manager
City Clerk
City Attorney
REFER92.3
ADMINISTRATIVE REPORT
MEETING DATE:
July 15, 1992
AGENDA SECTION:
New Business
AGENDA ITEM:
12 .b.
TO: Honorable Mayor and City Council
FROM: Lawrence M. Lunardini, City Attorney CITY ATTORNEY
DATE: July 7, 1992 CITY MANAGER~~
SUBJECT: An Ordinance amending Section 8.60.060 of the Bakersfield~
Municipal Code and adding Section 8.60.070 to the Bakersfield
Municipal Code relative to Underground Storage Tanks.
RECOMMENDATION:
First reading.
BACKGROUND:
Section 8.60.060 has been amended to specifically designate the
Hazardous Materials Division of the City of Bakersfield Fire
Department as the administering agency of California Health and
Safety Code Section 25283. This designation was previously
inadvertently omitted from the ordinance although it is required
by State law.
Section 8.60.070 is added to Bakersfield Municipal Code to
specifically adopt the "Petroleum Underground Storage Tank
Cleanup" law, Chapter 6.75 of Division 20 of the California
Health and Safety Code. None of the Health and Safety Code
regulations previously adopted .by the City would permit
implementation of this program. Implementation of these
provisions has also been recommended by the State Water
Resources Control Board.
~....The Urban Development Committee met on June 19, 1992 and
recommends first reading of this ordinance.
LML\meg
JY15CA1.NB
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION
8.60. 060 OF THE BAKERSFIELD
MUNICIPAL CODE AND ADDING SECTION
8.60. 070 TO THE BAKERSFIELD
MUNICIPAL CODE RELATIVE TO UNDER-
GROUND STORAGE TANKS.
BE IT ORDAINED by the Council of the City of Bakers-
field as follows:
SECTION 1.
Section 8.60.060 of the Bakersfield Municipal Code is
hereby amended to read as follows:
8.60.060 City administration.
The City, pursuant to California Health and Safety Code
Section 25283, hereby assumes responsibility for implementation
of the State laws and regulations and applicable federal laws and
regulations for design, installation, monitoring, removal,
release and reporting requirements regarding underground storage
tanks. The agency which has responsibility for administering
this Chapter is the Hazardous Materials Division of the City of
Bakersfield Fire Department.
SECTION 2.
Section 8.60.070 is hereby added to the Bakersfield
Municipal Cod~ to read as follows:
8.60.070 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
Hazardous Materials Division 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.
SECTION 3.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty i30)
days from and after the date of its passage.
o0o
V CE MAYOR REFERRAL
(PROPOSED ORDINANCES ONLY)
DATE OF REFERRAL: May 28, 1992
REFERRED TO: URBAN DEVELOPMENT
ITEM: AMENDMENTS TO CHAPTER 8.60 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO UNDERGROUND STORAGE TANKS.
BACKUP MATERIAL ATTACHED: Yes, ordinance.
STATUS:
TO COUNCIL COMMITTEE ON
COMMITTEE REPORT NO.
SENT TO COUNCIL ON
PUBLIC HEARING ON
ORDINANCE ADOPTED (DATE)
PROPOSED ORDINANCE CANCELED (DATE)
OTHER
PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED.
cc: Honorable Mayor and City Council
City Manager
City Clerk
City Attorney
REFERg2.3
MEMORANDUM
May 19, 1992
TO: VI CE-MAYOR KEVIN McDERMOTT
FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY ~
SUBJECT: AMENDMENTS TO CHAPTER 8.60 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO UNDERGROUND STORAGE TANKS.
Please refer the following proposed ordinance to
whichever committee you deem appropriate:
AMENDMENTS TO CHAPTER 8.60 RELATING TOUNDRW_GROUND STORA~R TANKm.
Background:
Section 8.60.060 has been amended to specifically
designate the Hazardous Materials Division of the City of
Bakersfield Fire Department as the administering agency
of California Health and Safety Code Section 25283.
This designation was previously inadvertently omitted
from the ordinance although it is required by State law.
Section 8.60.070 is added to Bakersfield Municipal Code
to specifically adopt the "Petroleum Underground Storage
Tank Cleanup" law, Chapter 6.75 of Division 20 of the
California Health and Safety Code. None of the Health
and Safety Code regulations previously adopted by the
City would permit implementation of this program.
Implementation of these provisions has also been
recommended by the State Water Resources Control Board.
MGA/meg
ORD-REF\
STG-TANK.VM
Attachment ~O~HO S~,9¥N¥~Ajj0
cc: Steve Johnson, Fire Chief
DRAFT
ORDINANCE NO;.
AN ORDINANCE AMENDING SECTION
8.60. 060. OF THE BAKERSFI~.r*
MUNICIPAL CODE AND ADDING SECTION
8.60..070 TO THE BAKERSFIELD
· MUNICIPAL CODE RELATIVE TO UNDER-
GROUND STORAGE TANKS.
BE IT ORDAINED by the Council of the City of Bakers-
field as follows:
SECTION 1.
Section 8.60.060 of the'Bakersfield MuniciPal Code is
hereby amended to read as follows:
8.60.060 City administration.
The City, pursuant to California Health. and Safety Code
Section 25283, hereby assumes responsibility for implementation
of the State laws and regulations and applicable federal laws and
regulations for design, installation, mpnitoring, removal,
release and reporting requirements regarding underground storage
tanks. The agency which has responsibility for administering
this Chapter is the HazardOus Materials Division of the City of
Bakersfield Fire Department.
SECTION 2.
Section 8.60.070 is hereby added.to the Bakersfield
Municipal Code to read as follows:
~8.60.070 :Underground storage tank cleanup fund. '
The Cityhereby 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
Hazardous Materials Division 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. --..
· SECTION 3.
' This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code. and shall become effective thirty (30)
days from and after the date of its passage-..
00o ---
I ~Rmy CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
recjular meeting thereof held on by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARF~CE E.~nDEKS
MAYOR of the City of Bakersfield
'APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MGA/meg
UG-TANKS. O- 1
4/28/92