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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