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6150ORDINANCE NO. 6150 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CALIFORNIA UNIFIED HAZARDOUS WASTE AND HAZARDOUS MATERIAL MANAGEMENT REGULATORY PROGRAM THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1 That Chapter 6.11 of Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety to read as follows: "CHAPTER 6.11 CALIFORNIA UNIFIED HAZARDOUS WASTE AND HAZARDOUS MATERIAL MANAGEMENT REGULATORY PROGRAM Sections: 6.11.010 Findings and purpose. 6.11.020 Definitions. 6.11.030 Aboveground storage of petroleum 6.11.040 Hazardous materials release response plans and inventory and California Accidental Release Prevention Program. 6.11.050 Underground storage of hazardous substances. 6.11.060 Hazardous waste generators and on-site treatment facilities. 6.11.070 Response to threatened or actual release. 6.11.080 Responsibility for unauthorized release. 6.11.090 Closure work plan and closure reports. 6.11.100 Permit required. 6.11.110 Denial, suspension or revocation of permit. 6.11.120 Operating without a permit. 6.11.130 Terms and scope of permit. 6.11.140 Inspections. 6.11.150 Fees. 6.11.160 Late Fees; Failure to submit documentation 6.11.170 Administration and enforcement. 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 Abovejzround 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 2701.5.1 and 2701.5.2 of the California 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. .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. .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 "Triennially" 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 6.11.050 of Chapter 6.11 of Title 6 of the Anaheim Municipal Code relating to the underground storage of hazardous substances, Section 6.11.060 of Chapter 6.11 of Title 6 of the Anaheim Municipal Code relating to the generation or handling of hazardous waste, Section 6.11.040 of Chapter 6.11 of Title 6 of the Anaheim Municipal Code relating to handling of hazardous materials and Section 6.11.030 of 6.11 of Title 6 of the Anaheim Municipal Code relating to aboveground storage of petroleum. 6.11.030 ABOVEGROUND STORAGE OF PETROLEUM .010 The City of Anaheim assumed the responsibility for full implementing Chapter 6.67 of Division 20 of the Health and Safety Code commencing with Section 25270, in 2008, and, as the CUPA, will continue to be the Administering Agency. The requirements set forth in Chapter 6.67, Division 20 of the Health and Safety Code commencing with Section 25270, as they now exist and as they may be amended from time to time, are hereby incorporated by reference as the standards of the City of Anaheim. .020 The owner or operator shall develop, implement and maintain a Spill Prevention, Control and Countermeasures Plan which meets the requirements set forth in Chapter 6.67 of Division 20 of the Health and Safety Code, as such Chapter may be amended. 6.11.040 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, 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 Subsection 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 business or business concern, and shall include a detailed site map. 6.11.050 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 the necessary permit(s) 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 California Fire Code. Any upgrade or changes to the tank system must meet the minimum requirements of state and federal law. 6.11.060 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 maintain a 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 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. 6.11.070 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. 6.11.080 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. .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 willfulness 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 therefore, 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 therefore. .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. 6.11.090 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. 6.11.100 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 consolidated or project specific permit. 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 Any other activity, use, storage or operation as may be deemed appropriate by the Fire Chief may be included as part of the permit issued to a person or business. .020 Upon receipt of a completed permit application, full payment from a Unified Program facility for all the annual fees as established by Resolution of the City Council, including any late payment fee, 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 .0104 and .0105 of Subsection .010 of Section 6.11.100 shall be in accordance with Anaheim Fire Department Guidelines, copies of which are available from the Anaheim Fire Department. .040 A permit issued for the activities identified in Subsection .0104 of Subsection .010 of Section 6.11. 100 shall expire on the last day of the month of the one year anniversary month in which the permit was issued. .050 Unified Program facility permits required by this Chapter shall expire on July 31 st and shall be renewed annually. .060 Application for a new, amended or renewed permit or an additional approval shall be made to the CUPA within thirty (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 Program facility location. A copy of the Hazardous Materials Business Plan shall be maintained at the unified facility location. 6.11.110 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 Marshal 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 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 Program facility permit has shall not be restarted until reissued. activities related to the program elements for which a Unified been suspended or revoked shall be discontinued immediately and the suspended permit has been reinstated or the revoked permit .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. 6.11.120 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. 6.11.130 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 thirty (30) days of the change and program elements or activities that have been added, deleted or modified. 6.11.140 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,madewithout prior notice to the owner or operator of such business. 6.11.150 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. 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 last 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, and on the first day of the next following month, if still unpaid, is ninety (90) 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. 6.11.160 LATE FEES; FAILURE TO SUBMIT DOCUMENTATION .010 If any fee required to be paid pursuant to Section 6.11.110 or Section 6.11.150 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 fee. .020 Any person who fails to submit documentation required or requested by the CUPA within the time limits set forth pursuant to Subsection 6.11.040 or upon notice of the Fire Chief or his authorized representative, shall pay a penalty for said late filing as established pursuant to Section 6.10.040. Said penalty shall be submitted to the CUPA 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. 6.11.170 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. 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 passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. 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 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 23rd day of June , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 21 st day of July , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway NOES: NONE ABSENT: Council Member Kring ABSTAIN: NONE CITY OF HEIM By U" - e' MAYOR OF THE CITY N EIM ATTEST: CITY CLERK OF THE CI Y OF ANAHEIM 73148. Ubmorley AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 30, 2009 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct': Executed at Santa Ana, Orange County, California, on Date: July 30, 2009 L,. Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6150 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RE- LATING TO THE CALIFORNIA UNIFIED HAZARDOUS WASTE AND HAZARDOUS MATERIAL MANAGEMENT REGULATORY PROGRAM. This ordinance amends Chapter 6.11 of Title 6 of the Ana- heim Municipal Code in its entirety reng to the California Unified Hazardous Waste and Hazardoulatis Material Manage- ment Regulatory Program. The City Council amended Tittle 6 of the Anaheim Municipal Code to repeal Chapters 6.10 and 6.90, to remove obsolete sections relating to hazardous waste and hazardous materi- a als management, and add Chapter 6.11 to support CUPA is certification and implementation and consolidate hazardous 5:waste and hazardous material regulatory authority and com- 5;pliance requirements. This amendment makes the follow- n;mg changes to Chapter 6.11: (1) replaces references to the ?Uniform- re Code with California Fire Code and updates irappropriate sections of the Fire Code as they relate to the Certified Unified Program Agency (CUPA� related programs; R ound storages olfshes a new petroleum; (3eiomina es Section 6.11 16.11.030 for 0 ..0106 relating to contamination removal and subsurfacing, as this activity is not authorized by CaIEPA; (4) eliminates Sections 6.11.1 .060 and 6.11.150.070 addressing annual fees for two exist- ing feeeresolution; ific CUPA and, (5 programs revises permit requiredaptured in he fees ees an d late fees to reflect current procedures and fiscal year opera- tions. I, Linda N. Andal, City Clerk of the City of Anaheim, do here- by certify that the attached table constitutes a summary of Ordinance No. 6150 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 23rd day of June, 2009 and was duly passed and adopted at a regular meeting of said Council on the 21st day of July, 2009 by the following roll call vote of the mem- bers thereof: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway NOES: NONE ABSENT: Council Member Kring ABSTAIN: NONE The attached summary is a brief description of the subject matter contained in the text of Ordinance No. 6150, 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 contact 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. Publish: Anaheim Bulletin 9uly30 'oW .91250 7,