5785ORDINANCE NO. 5785
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 6.11 TO TITLE 6 OF THE ANAHEIM
MUNICIPAL CODE IMPLEMENTING THE CALIFORNIA
UNIFIED HAZARDOUS WASTE AND HAZARDOUS
MATERIAL MANAGEMENT REGULATORY PROGRAM ACT BY
THE CITY OF ANAHEIM AS THE CERTIFIED UNIFIED
PROGRAM AGENCY (CUPA)AND REPEALING CHAPTERS
6.10 AND 6.90
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1
That Chapter 6.11 be, and the same is hereby, added to Title
6 of the Anaheim Municipal Code to read as follows:
"CHAPTER 6.11 UNIFIED HAZARDOUS WASTE AND
HAZARDOUS MATERIAL MANAGEMENT REGULATORY PROGRAM
6.11.010 FINDINGS AND PURPOSE
.010 The purpose of this Chapter is to implement the
provisions of the California Unified Hazardous Waste and
Hazardous Material Management Regulatory Program Act (the "Act"),
Chapter 6.11, Division 20, California Health and Safety Code,
commencing with Section 25404.
.020 It is also the purpose of this Chapter to
consolidate to the extent feasible all hazardous waste and
material regulatory authority and compliance requirements within
one chapter of the Anaheim Municipal Code.
.030 The City of Anaheim was certified, in accordance
with Health and Safety Code Sections 25404, et seq., as the
Certified Unified Program Agency ("CUPA") for the City of
Anaheim, effective July 1, 2001.
.040 The City of Anaheim Fire Department shall be
responsible for administering and enforcing the CUPA Unified
Program (the "Unified Program")set forth in this Chapter 6.11 of
the Anaheim Municipal Code.
.050 The elements of the Unified Program consist of:
.0501 Hazardous Waste Control pursuant to Chapter
6.5 of Division 20 of the Health and Safety Code, sections 25100,
et seq., and California Code of Regulations, Title 22, Division
4.5. These requirements are applicable to hazardous waste
generators, and hazardous waste generators conducting on-site
treatment under conditionally exempt, conditionally authorized,
and permit -by -rule.
.0502 Underground Storage of Hazardous Substances
pursuant to Chapter 6.7 of Division 20 of the Health and Safety
Code, sections 25280, et seq., and California Code of
Regulations, Title 23, Division 3 Chapter 16. These requirements
are applicable to the storage of hazardous substances in
underground tanks.
.0503 Aboveground Storage of Petroleum pursuant
to Chapter 6.67 of Division 20 of the Health and Safety Code,
sections 25270, et seq., and in accordance with the requirements
of the implementation plan. These requirements are applicable to
aboveground storage tanks and spill prevention control and
countermeasure plans.
.0504 Hazardous Materials Release Response Plans
and Inventory pursuant to Article 1 of Chapter 6.95 of Division
20 of the Health and Safety Code, sections 25500, et seq., and
California Code of Regulations, Title 19, Division 2, Chapter 4.
These requirements are applicable to business plans and inventory
of hazardous materials.
.0505 California Accidental Release Prevention
Program pursuant Article 2 of Chapter 6.95 of Division 20 of the
Health and Safety Code, sections 25531, et seq., and California
Code of Regulations, Title 19, Division 2, Chapter 4.5. These
requirements are applicable to stationary sources with regulated
substances.
.0506 Hazardous Materials Management Plan and
Inventory Statement pursuant to Health and Safety Code section
13143.9 and sections 8001.3.2 and 8001.3.3 of the Uniform Fire
Code. These requirements are applicable to hazardous materials
management plans and inventory statements.
.060 The requirements of the Health and Safety Code
sections set forth above in subsections .0501 through .0506 of
subsection .050 of Section 6.11.010 are hereby adopted by
reference as though fully set forth herein; provided, however,
that whenever a conflict exists between any requirement contained
in any of the above -referenced Health and Safety Code sections
and any requirement set forth in the remainder of this Chapter,
the more restrictive requirement shall apply.
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.070 Any subsequent modifications, amendments, or
successor provisions to any statute or regulation incorporated
into this Chapter are hereby incorporated herein unless
specifically provided otherwise by this Chapter.
6.11.020 DEFINITIONS
.010 "Act" means the California Unified Hazardous
Waste and Hazardous Materials Management Regulatory Program Act,
Chapter 6.11, Division 20, California Health and Safety Code (the
"Health and Safety Code"), commencing with Section 25404.
.020 "Administering Agency" is the City of Anaheim.
.030 "Business" means an employer, self-employed
individual, trust, firm, joint stock company, corporation,
partnership, or association. "Business" includes a business
organized for profit and a nonprofit business. "Business" also
includes every government agency.
.040 "Business concern" means any sole proprietorship,
corporation, association, firm, partnership, trust, or other form
of commercial or noncommercial organization.
.050 "California Environmental Protection Agency" or
"CalEPA" means the California Environmental Protection Agency for
the State of California.
.060 "Certified Unified Program Agency" or "CUPA"
means the City of Anaheim, as the agency certified by the
Secretary to implement the Unified Program specified in this
Chapter within the City of Anaheim.
.070 "Fire Chief" means the Chief of the Anaheim Fire
Department or his/her duly authorized representative.
.080 "Fire Marshal" means the Fire Marshal or the
Anaheim Fire Department or his/her duly authorized
representative.
.090 "Implementation plan" means the implementation
plan of the Anaheim CUPA as approved by the Secretary to
implement the provisions of the Act within the jurisdiction of
the City of Anaheim.
.100 "Location" means a room, enclosure, building, lot
or contiguous group of lots.
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.110 "Person" shall have the meaning set forth in
Section 25118 of the Health and Safety Code and means an
individual, trust, firm, joint stock company, business concern,
partnership, limited liability company, association, and
corporation, including, but not limited to, a government
corporation. "Person" also includes any city, county, city and
county, district, commission, the state or any department,
agency, or political subdivision thereof, any interstate body,
and the federal government or any department or agency thereof to
the extent permitted by law.
.120 "Secretary" means the Secretary of the California
Environmental Protection Agency.
.130 "Transportation incident site" means any highway,
railway, waterway, or other property along with any land, water
or atmospheric space immediately surrounding a transportation
incident which involves the release or threatened release of a
hazardous material from any vehicle, portable tank, drum or
container.
.140 "Trienially" means occurring or being done every
three years.
.150 "Unified Program facility" or "facility" means
all contiguous land and structures, other appurtenances, and
improvements on the land which are subject to the requirements
listed in subsection 25404(c) of the Health and Safety Code.
.160 "Unified Program facility permit" or "permit"
means a consolidated permit issued pursuant to this Chapter. For
the purposes of this Chapter, a Unified Program facility permit
encompasses the permits or licenses issued pursuant to: Section
25284 of the Health and Safety Code and section 6.11.040 of
Chapter 6.11 of Title 6 of the Anaheim Municipal Code relating to
the underground storage of hazardous materials; Section 6.11.050
of Chapter 6.11 of Title 6 of the Anaheim Municipal Code relating
to the generation or handling of hazardous waste; Section
6.11.030 of Chapter 6.11 of Title 6 of the Anaheim Municipal Code
relating to handling of hazardous materials.
6.11.030 HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND
INVENTORY AND CALIFORNIA ACCIDENTAL RELEASE
PREVENTION PROGRAM
.010 The City of Anaheim assumed the responsibility for
implementing Chapter 6.95 of Division 20 of the Health and Safety
Code, Articles 1 and 2, commencing with Section 25500, in 1986,
FA
and, as the CUPA, will continue to be the Administering Agency.
The requirements set forth in Chapter 6.95, Division 20 of the
Health and Safety Code, Articles 1 and 2, commencing with Section
25500, as they now exist and as they may from time to time be
amended, are hereby incorporated by reference as the standards of
the City of Anaheim.
.020 Every business shall comply with reporting
requirements as set forth by the Administering Agency relating to
hazardous materials, regulated substances and stationary sources
under Chapter 6.95 of Division 20, Health and Safety Code, as
such Chapter may be amended. The required reporting includes:
.0201 Initial submission of the business plan and
inventory within 30 days of the commencement of operation of the
business;
.0202 Correction and resubmission within 30 days
of any defects in the business plan requested to be corrected by
the Administering Agency;
.0203 Submission of a modified business plan or
inventory within 30 days of changes that require resubmission;
.0204 Resubmission of the business emergency plan
and/or certification by the handler of review and revision of the
business plan triennially prior to March 1;
.0205 Resubmission of the inventory portion of the
business plan and/or a certification statement annually, prior to
March 1.
.030 Any information requested by the Administering
Agency necessary to make a determination of the likelihood of a
regulated substance accident risk, pursuant to Sections 25534(a)
and 25534.5 of the Health and Safety Code, shall be submitted
within 30 days.
.040 Any risk management plan requested by the
Administering Agency pursuant to Section 25536(b) of the Health
and Safety Code shall be submitted in accordance with the
schedule established by the Administering Agency.
.050 Any requested corrections to the risk management
plan shall be submitted within 60 days pursuant to Section 25535
of the Health and Safety Code.
.060 The form for the Hazardous Materials Business
Plan shall be developed by the CUPA and completed by person or
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business or business concern, and shall include a detailed site
map.
6.11.040 UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
.010 The City of Anaheim Fire Department shall
administer and enforce the provisions of Chapter 6.7 of Division
20, Health and Safety Code, commencing with Section 25280, on
behalf of the Administering Agency.
.020 It shall be unlawful for any person or business
to construct, install, modify, repair, upgrade, maintain,
temporarily close, remove or abandon in place any underground
storage tank, any associated piping or any monitoring methods
without first obtaining a CUPA permit and approval from the CUPA.
.030 The owner or operator shall complete an
application for a permit to perform any of the activities
described in Subsection .020 of Section 6.11.040. The
application shall include, but may not be limited to the
information required on the application form for a permit to
operate an underground storage tank system pursuant to Health and
Safety Code Sections 25291 or 25292. Construction drawings or
plans shall be submitted to verify that the installation,
upgrade, repair or change will comply with the Health and Safety
Code Sections 25291 or 25292, California Code of Regulations,
Title 23, Division 3, Chapter 16, Articles 3 and 4, and the
Uniform Fire Code. Any upgrade or changes to the tank system
must meet the minimum requirements of state and federal law.
6.11.050 HAZARDOUS WASTE GENERATORS AND ON-SITE TREATMENT
FACILITIES
.010 The City of Anaheim Fire Department shall
administer and enforce the Hazardous Waste Control Act, Chapter
6.5 of Division 20, Health and Safety Code, commencing with
Section 25100, on behalf of the Administering Agency.
.020 A person or business that generates hazardous
waste shall within 30 days of falling under the provisions of
this section, complete and submit a Hazardous Materials Business
Plan (Contingency Plan). The business shall be subject to the
requirements of Health and Safety Code Section 25100, et seq. and
California Code of Regulations, Title 22, Division 4.5.
.030 A business that is regulated under the permit -by -
rule, conditionally authorized or conditionally exempt tier of
Health and Safety Code Section 25100, et seq., shall be required
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to complete a CUPA permit application as well as onsite hazardous
waste treatment forms. The business shall be subject to the
requirements of Health and Safety Code section 25100, et seq. and
California Code of Regulations, Title 22 Division 4.5.
6.11.060 RESPONSE TO THREATENED OR ACTUAL RELEASE
Those costs of an emergency response incurred by the CUPA,
including costs of any hazardous materials specialist, public
officer and related personnel, necessary to protect the public
from a threat to health and safety by actions to confine,
prevent, or mitigate the release, escape, burning, or threatened
release of a hazardous material, are a charge against any person
whose intentional or negligent action causes the incident, if one
or more of the following occurs:
.010 A response is necessary to mitigate an emergency
on any business property or transportation incident site to
prevent loss of life or injury.
.020 The incident results in the spread of hazardous
materials or fire posing a real and imminent threat to health and
safety of any person on or near the business property or any
transportation incident site.
.030 Evacuation beyond the business property or
transportation incident site where the incident originates is
necessary to prevent loss of life or injury due to a release or
threatened release.
.040 The incident results in the spread of hazardous
materials or fire posing a real and imminent threat to public
health and safety beyond the property lines of a business or the
immediate surroundings of a transportation incident site.
.050 The incident results in any threat to the
environment.
6.11.070 RESPONSIBILITY FOR UNAUTHORIZED RELEASE
.010 As soon as any person in charge of a facility, of
transportation to or from a facility, or responsible for
emergency response at a facility, has knowledge of any
unauthorized release or threatened release of a hazardous
material, such person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release and shall
notify the CUPA.
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.020 The Fire Chief or his authorized representative
at any time, upon a determination that the responsible party is
not adequately containing and disposing of such hazardous
material, shall have the power and authority to undertake and
direct an emergency response in order to protect the public
health and/or safety and the environment.
.030 Any person responsible for storing or
transporting any hazardous material shall have the responsibility
to institute and complete all actions necessary to prevent a
threatened release or to remedy the effects of any unauthorized
release of any hazardous material, whether accidental or
intentional, sudden or gradual. This responsibility is not
conditioned upon evidence of wilfulness or negligence of the
party storing or transporting the hazardous material(s) in
causing or allowing such release or threatened release. The CUPA
shall undertake actions to prevent a threatened release or remedy
the effects of such unauthorized release itself only if it
determines that it is reasonably necessary under the
circumstances to do so. The responsible party shall be liable to
reimburse the CUPA for all costs incurred in preventing the
threatened release or remedying the effects of such unauthorized
release.
.040 Costs reimbursable to the CUPA under this Chapter
are a debt of the person liable therefor, and shall be
collectable in the same manner as in the case of an obligation
under contract, express or implied. However, any costs incurred
by the CUPA which assigns one or more of its representatives to
respond to, or to investigate, an intentional or negligent
release, escape, burning, or threatened release of hazardous
materials shall be assessed to the person liable therefor.
.050 The charge created against a person by this
Chapter is also a charge against the person's employer if the
intentional or negligent release, escape, burning, or threatened
release causing the incident occurs in the course of the person's
employment.
.060 An action to recover costs under this Chapter may
be joined with any civil or criminal action for penalties, fines,
injunctive, or other relief brought against the responsible
person or employer, or both, arising out of the same incident.
.070 There shall be deducted from any amount otherwise
recoverable under this Chapter, the amount of any reimbursement
for eligible costs paid to the CUPA by the State Hazardous
Substance Cleanup Fund pursuant to Section 25360 of Chapter 6.8
(commencing with Section 25300) of Division 20 of the California
Health and Safety Code.
6.11.080 CLOSURE WORK PLAN AND CLOSURE REPORTS
.010 Any person or business, which has previously been
required to submit a Hazardous Material Business Plan, shall
obtain a permit and submit a closure work plan to the CUPA at
least 30 days prior to the closure, relocation, sale or exchange
of the business and/or the real property on which the business is
located, describing the work to be performed to properly clean,
inspect, sample and close the facility. The closure work plan
shall be approved by the CUPA before the removal of hazardous or
potentially hazardous materials or hazardous wastes from property
prior to implementation.
.020 The closure work plan shall describe procedures
for terminating the storage of hazardous materials and/or
hazardous wastes in each facility in a manner that:
.0201 Eliminates or minimizes the need for
further maintenance;
.0202 Controls to the extent that a threat to
public health or safety or to the environment from residual
hazardous materials and/or hazardous wastes in the facility is
minimized or eliminated; and
.0203 Demonstrates that the hazardous materials
and/or hazardous wastes that were stored in the facility will be
removed, disposed of, neutralized, or reused in an appropriate
manner.
.030 If underground storage tanks are also being
closed, a separate tank closure permit must be obtained from the
CUPA and must be referenced in the overall closure plan.
.040 A closure report shall be submitted to the CUPA
within 30 days of completion of work outlined in the closure work
plan.
6.11.090 PERMIT REQUIRED
.010 Any person intending to do or perform any of the
following activities shall first apply for, pay such fees to the
CUPA as are established by Resolution of the City Council, and
obtain from the CUPA a annual permit or annual grant of
authorization:
.0101 Store, handle or use hazardous materials or
generate hazardous waste.
.0102 Operate underground tanks for the storage
of hazardous substances.
.0103 Treat hazardous waste on-site under
conditionally exempt, conditionally authorized or permit -by -rule.
.0104 Construct, install, repair, modify,
upgrade, temporarily close, remove or abandon in place any
underground storage tank system.
.0105 Permanently remove hazardous materials
storage or use under a facility closure plan.
.0106 Permanently remove surface and/or
subsurface hazardous materials contamination.
.0107 Any other activity, use, storage, or
operation as may be deemed appropriate by the Fire Chief may be
included as part of the consolidated CUPA permit issued to a
person or business.
.020 Upon receipt of full payment from a Unified
Program facility for all the annual fees as established by
Resolution of the City Council, including any late payment
penalty, and as established by the state for the surcharge, and
provided all of the applicable regulatory requirements for a
permit or grant of authorization have been met, the CUPA shall
issue a Unified Program facility permit.
.030 Activities identified in subsections .0102 and
.0103 of Subsection .010 of Section 6.11.090 shall be in
accordance with Anaheim Fire Department Guidelines, copies of
which are on file at the Anaheim Fire Department.
.040 A permit issued for the activities identified in
subsection .0104 of Subsection .010 of Section 6.11.090 shall be
valid for six months from the date of issuance.
.050 Unified Program facility permits required by this
Chapter shall expire on the last day of the month of the one year
anniversary month in which the permit was issued and shall be
renewed annually by paying the required annual fee.
.060 Application for a new, amended or renewed permit
or an additional approval shall be made to the CUPA within thirty
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(30)days of (i) commencement of the activity or (ii) change to
the existing permit, or (iii) receipt of notification from the
Anaheim Fire Department of the requirement to submit a permit
application.
.070 A permit to store, handle or use a hazardous
material or hazardous waste or to treat hazardous waste on-site
or to operate an underground storage tank system is not
transferable to another person, business or physical location.
.080 A permit issued pursuant to this Chapter shall be
posted and conspicuously displayed at the unified facility
location. A copy of the Hazardous Materials Business Plan shall
be maintained at the unified facility location.
6.11.100 DENIAL, SUSPENSION OR REVOCATION OF
PERMIT
.010 Any application for a permit to operate,
construct, install, upgrade, repair, remove, modify, temporarily
or permanently close a hazardous materials or hazardous waste
facility, or an underground storage tank system, may be denied if
it does not conform with applicable laws, regulations, and this
Chapter.
.020 If the Fire Marshal makes a preliminary
determination that activities proposed in any permit application
or activities being conducted pursuant to a permit issued under
this Chapter will not be, or are not being, carried out in
accordance with applicable statutes, regulations or minimum
standards, the Fire Marshall shall notify the applicant or
permittee in writing of the intent to deny, suspend, or revoke
such permit.
.030 The written notice shall briefly describe the
violation upon which the intended denial, revocation or
suspension is based and specify a time and place of a hearing
before the Fire Chief at which such applicant or permittee may
present evidence showing that no violation would occur or has
occurred, or that the violation has been corrected.
.040 The written notice shall be mailed to or
personally delivered upon the applicant or permittee at the
business address stated on the application or permit.
.050 All notices required by this Chapter shall be
deemed given upon the date of either (i) deposit of such notice
in the course of transmission with the United States Postal
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Service, first class mail, postage prepaid and addressed to the
applicant or permittee, or (ii) personal service of such notice
upon the applicant or permittee.
.060 The hearing shall be scheduled a minimum of
fourteen (14) calendar days and a maximum of thirty (30) calendar
days from the date service is deemed complete. Upon written
request of the applicant or permittee, the hearing may be
continued at the discretion of the Fire Chief.
.070 The Fire Chief shall conduct the hearing specified
in the notice. The hearing shall be informal, and shall not be
governed by the rules of evidence applicable to courts of law.
The applicant or permittee to whom the notice was issued, shall
have the opportunity to present relevant evidence at the hearing.
.080 At the conclusion of the hearing, but in no event
later than fourteen (14) calendar days following the hearing, the
Fire Chief shall determine, based upon the evidence presented at
the hearing, whether the application and the activities proposed
by such application conform to the requirements of this Chapter,
or whether the suspected violation identified in the notice has
occurred or has been corrected. The Fire Chief may (a) suspend or
revoke the permit (b) place conditions on the issuance of the
permit and/or (c) take such other action as is deemed necessary
in his discretion to protect the health and safety of the
residents of the City of Anaheim. The determination of the Fire
Chief shall be final and conclusive. Such determination shall be
in writing and contain a brief statement of the findings of fact
upon which the determination was based.
.090 The Fire Marshal may suspend a permit prior to the
hearing when the Fire Marshal determines that such action is
necessary to protect the public health and safety from clear and
imminent danger. The Fire Marshal shall notify the person,
business or business concern to whom the permit was issued of
such suspension or the lifting of any suspension and the reasons
for such action. Unless lifted prior to the hearing, the
suspension may remain in effect until the Fire Chief makes a
final determination based upon the hearing.
.100 Any activities related to the program elements for
which a Unified Program facility permit has been suspended or
revoked shall be discontinued immediately and shall not be
restarted until the suspended permit has been reinstated or the
revoked permit reissued.
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.110 A suspended permit may be reinstated or a revoked
permit reissued if the Fire Marshal determines that conditions
which prompted the suspension or revocation no longer exist.
.120 The suspension or revocation of a permit issued
pursuant to this Chapter shall not preclude the pursuit of any
other action or remedy otherwise available under the law.
6.11.110 OPERATING WITHOUT A PERMIT
.010 Any person who violates the requirements of this
Chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Section 1.01.370 of this
Code. Such Person shall be deemed guilty of a separate offense
for each and every day during any portion of which any violation
of these provisions is committed, continued or permitted by such
Person, and shall be punishable as herein provided.
.020 In addition to the penalties hereinabove provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Chapter shall be deemed a public nuisance
and may be, by this City, summarily abated as such, and each day
such condition continues shall be regarded as a new and separate
offense.
.030 Any person who violates the requirements of this
Chapter, may be enjoined from such violation by any court of
competent jurisdiction. The remedy provided by this section is
additional to and cumulative with any other remedy provided by
law.
6.11.120 TERMS AND SCOPE OF PERMIT
.010 The Unified Program facility permit shall
identify the effective date and term, the program elements for
which issued, the specific conditions where applicable for which
the permit is issued, the address where the program elements are
located, and the person, business or business concern to whom the
permit is issued. If a person, business, or business concern
changes activities such that program elements no longer apply at
the Unified Program facility or new program elements or
activities apply to the facility, the person, business or
business concern shall notify the CUPA in writing within 30 days
of the change and program elements or activities that have been
added, deleted or modified.
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6.11.130 INSPECTIONS
.010 The CUPA may make periodic inspections of persons
or businesses where hazardous materials and/or hazardous waste is
generated, stored, handled, disposed, treated or recycled, and to
inspect aboveground and underground storage tank systems and all
persons or businesses where the CUPA has reasonable cause to
believe that hazardous materials or hazardous waste is generated,
stored, handled, disposed, treated, or recycled. Such
inspections may be made without prior notice to the owner or
operator of such business.
6.11.140 FEES
.010 At the time permit application is made for any of
the CUPA Programs, there shall be paid to the CUPA the required
fee, which fee is due and payable each year on the first day of
the month following the expiration of the permit.
.020 The City Council shall establish fees by
Resolution.
.030 Any state -imposed surcharge applied by Cal/EPA as
determined by the Secretary shall be listed as a separate item on
each billing statement issued to Unified Program facilities by
the CUPA. Any such state imposed surcharges shall be collected
by the CUPA and transmitted to the state in accordance with the
Act and related regulations.
.040 Any fee which is not paid by the first day of the
month following the month in which it is due is thirty days
delinquent, and on the first day of the next following month, if
still unpaid is sixty(60)days delinquent.
.050 No refunds of the permit fees or late payment
penalties assessed under the provisions of this Chapter shall be
issued to a person, business or business concern which ceases
operations or activities for which those fees have been assessed
during the course of the permit or billing year.
.060 The annual fees required for Hazardous Materials
Business Plans shall be based upon the information contained in
the most recent required submission of the inventory of hazardous
materials or Regulated Substance Reporting Form. The quantity
reported shall be considered to be current inventory or potential
inventory unless amended as required pursuant to Section 25505(c)
of the Health and Safety Code. There shall be no partial year
fees or refund of fees.
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.070 The fees required for Risk Management Plans shall
be based upon the personnel hours expended by the CUPA to review,
evaluate, audit, or inspect stationary sources which are
developing or have developed a risk management plan and to ensure
the requirements of the Health and Safety Code and related
regulations have been met. These fees shall be periodically
billed, collected.
6.11.150 PENALTIES FOR LATE PAYMENT OF FEES; FAILURE TO
SUBMIT HAZARDOUS MATERIALS BUSINESS PLAN
.010 If any fee required to be paid pursuant to Section
6.11.090 or Section 6.11.110 of this Chapter is not paid in full
prior to the delinquency date, in addition to such fee(s), the
facility or permittee shall pay a late payment penalty.
.020 Any person who fails to submit a Hazardous
Materials Business Plan within the time limits set forth pursuant
to subsection 6.11.030 or upon notice of the Fire Chief or his
authorized representative, shall pay a penalty for said late
filing as established pursuant to Section 6.10.030. Said penalty
shall be submitted with the Hazardous Materials Business Plan and
shall be in addition to regularly assessed fees, if any.
.030 The imposition or payment of the penalty imposed
by this section shall not prevent the imposition of any other
penalty prescribed by this code or any ordinance nor prosecution
for violation of this code or any ordinance.
6.11.160 ADMINISTRATION AND ENFORCEMENT
The City of Anaheim Fire Department and its representatives
shall have the authority and responsibility to administer and
implement the provisions of this Chapter on behalf of the
Administering Agency."
SECTION 2.
The City Council hereby repeals Chapter 6.10 and Chapter
6.90 of Title 6 of the Anaheim Municipal Code in their
entireties.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this ordinance
of the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
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passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any
other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim' 2 day of October 2001.
MAYO OF THE ITY OF HEIM
ATTEST:
'P19517- CI -TY LERK OF TA CITY OF ANAHEIM
40344.1
16
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5785 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 25th day of September, 2001, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 2nd day of October, 2001, by the
following vote of the members thereof:
AYES
NOES
ABSENT:
(SEAL)
MAYOR/COUNCIL MEMBERS
MAYOR/COUNCIL MEMBERS
MAYOR/COUNCIL MEMBERS
Feldhaus, Kring, Tait, McCracken, Daly
None
None
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CITY CL&K OF THIt CITY OF ANAHEIM
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Anaheim Bulletin
625 N (;rand Axe.
Santa tna. (-A 92701
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PROOF OF PUBLICA'T`ION
!his space is for the ( aunty Clerks Filing .Stamp
SUMMARY PUSUCATION
CITY OF ANAHEIM
ORDINANCE NO. S785
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 6.11 TO TITLE 6 OF THE ANAHEIM MUNICIPAL
CODE IMPLEMENTING THE CALIFORNIA UNIFIED HAZ-
ARDOUS WASTE AND HAZARDOUS MATERIAL MANAGE-
MENT REGULATORY PROGRAM ACT BY THE CITY OF
ANAHEIM AS THE CERTIFIED UNIFIED PROGRAM AGEN-
CY (CUPA) AND REPEALING CHAPTERS 6.10 AND 6.90
The Secretary of the California Environmental Protection
j Agency certified the City of Anaheim as a Certified Unified
Program Agency (CUPA), effective July 1, 2001. The adopt- i
ed ordinance adds the needed sections to the Municipal
Code that will support CUPA certification andimplementa-
tion. It also consolidates, to the extent feasible, hazardous
waste and hazardous material regulatory authority and com-
pliance requirements within one chapter of the Code and re-
peals obsolete sections relating to hazardous waste and
hazardous materials management.
I Sheryll Schroeder, City Clerk of the City of Anaheim. do
hereby certify that the foregoing is a summary of Ordinance
I No. 5785 which ordinance was introduced at a regular meet-
ing of the City Council of the City of Anaheim on the 25th
day of September, 2001 and was duly passed and adopted I
at a regular meeting of said Council on the 2nd day of Octo-
ber, 2001 by the following roll call vote of the members
thereof:
AYES: Mayor Daly. Council Members: Feldhaus, Kring,
McCracken, Tait
NOES: None
ABSENT: None
The above summary is a brief description of the subject mat
ter contained in the text of Ordinance No. 5785 which has
been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or de-
scribe every provision of the ordinance and should not be
relied on as a substitute for the full text of the ordinance,
To obtain a copy of the full text of the ordinance, please con
tact the Office of the City Clerk, (714) 765-5166, between
8:00 AM and 5:00 PM. Monday through Friday. There is no
charge for the copy.
Published. Anaheim Bulletin
October 11, 2001 25-1294 4858081
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