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2002-083RESOLUTION NO. 2002R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES AND PENALTIES IN CONNECTION WITH IMPLEMENTING THE UNIFIED HAZARDOUS WASTE AND HAZARDOUS MATERIAL MANAGEMENT REGULATORY PROGRAM ACT WHEREAS, the City Council of the City of Anaheim has heretofore amended the Anaheim Municipal Code to assume responsibility for implementing the Unified Hazardous Waste and Hazardous Material Management Regulatory Program Act; and WHEREAS, the City of Anaheim was certified as the Certified Unified Program Agency (CUPA); and the City of Anaheim Fire Department is responsible for administering and enforcing the CUPA Program; and WHEREAS, Section 25404.5 of the Health and Safety Code requires each CUPA to institute a single fee system, with the fee amount established by the CUPA's governing body to be at a level sufficient to pay the necessary and reasonable costs incurred by the CUPA; and WHEREAS, Section 6.11.140 of the Anaheim Municipal Code authorizes the City Council to establish a schedule of fees and penalties in connection with the CUPA; and WHEREAS, the City Council hereby finds and declares that adoption of this fee schedule is exempt from the provisions of the California Environmental Quality Act pursuant to Section 21080(b) (8) of the Public Resources Code and California Code of Regulations Section 15273 in that the fees and rates are established not to exceed the City's reasonable cost in administering the CUPA programs, including but not limited to permitting and inspection responsibilities; and WHEREAS, the fees have been considered at a duly noticed public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the following fee scheduled is hereby adopted, to take effect iraraediately upon adoption: HAZARDOUS WASTE CONTROL a. Special Generator $ 150.00 b. 0-10 Employees $ 290.00 HAZARDOUS WASTE CONTROL (Continued) f. g. h. On-Site Treatment: a. b. C. 11-25 Employees 26-50 Employees 51-100 Employees 101-250 Employees 251-500 Employees 500 + Employees Permit-by-Rule Conditionally Authorized Conditionally Exempt $ 370.00 $ 535.00 $ 695.00 $1,050.00 $1,350.00 $1,775.00 $ 990.00 per facility $ 635.00 per facility $ 150.00 per facility UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES Annual Fee to Operate Transfer of Ownership Permit to Change Contents or Remove Flammables Temporary Closure of Underground Storage Tank (not to exceed one year) Plan Check Fee: a. Tank Installation b. Tank Removal de Abandonment in Place Permit System Modification 283.00 per tank 60.00 per tank $ 60.00 per tank $ 100.00 per tank $ 355.00 per tank $ 240.00 + $100.00 each add'l tank $ 250.00 per tank $ 180.00 (per three hours) +$60.00 each add'l 2 hour) UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES (Continued) Plan Check Fee (Continued): Oversight of Cleanup Investigation of Unauthorized Releases/leaks/abandonment of underground storage tanks; investigations of non-permitted facilities $ 85.00 per hour $ 62.00 per hour HAZARDOUS MATERIALS RELEASE PLAN AND INVENTORY Facility Closure $ 120.00 Hazardous Materials Inventory: a. 1-2 Hazardous Substances $ 200.00 b. Each Additional Substance 55.00 per chemical Maximum Charge: This fee shall apply to facilities using, handling or storing up to 20 hazardous substances $1,190.00 Late Filing of Business Emergency Plan or Late filing of information updating business emergency plan and/or inventory a. 31-60 days late $ 100.00 b. 61-90 days late $ 200.00 Over 91 days late - Penalties of Section 25514 of the California Health and Safety Code CALIFORNIA ACCIDENTAL RELEASE PREVENTION PROGRAM To be paid by persons submitting a Risk Management Plan: Se RMP review, evaluation and stationary source audit or inspection 62.00 per hour Third Party Review Party submitting RMP will contract with and pay for a qualified consultant approved by the City to conduct third party review of the document or specific portion of the document. Consultation Services; Investigations of Releases, leaks or unlawful disposal or abandonment of hazardous materials 62.00 per hour SMALL HYDROCARBON PICK-UP PROGRAM Engine Company Response Clean up initiated by engine company includes cost of material. $ 250.00 per incident bo Small Hydrocarbon Pick-up Unit includes cost for driver, vehicle transportation and disposal. 2.00 per minute LATE FEES To be paid upon late payment of permit and renewal fees: a. 31-60 days late $ 100.00 4 b. 61-90 days late $ 200.00 BE IT FURTHER RESOLVED that the foregoing fees shall become effective immediately upon adoption of this Resolution. BE IT FURTHER RESOLVED that Resolution No. 2001R-187 and Resolution No. 2001R-188 are hereby rescinded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of April 2002. MAY~OF tT~'~ITY ~ANAHEIM ATTEST: CItY CLER~ 0~ THE CITY OF ANAHEIM 43908.1 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 Resolution No. 2002R-83 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of April, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL)