RES-2007-113RESOLUTION NO. 2007R- 113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING 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, the City Council hereby finds that said fees, in the amounts
hereinafter set forth in Exhibit "A are less than or equal to, but in no event greater than, the
actual direct and indirect costs and expenses incurred by the City in performing the services
connected with such fees; 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 fmds 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 meeting or
public hearing, as required by law.
Anaheim that
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
1. The fees set forth in the fee schedule attached hereto as Exhibit "A" shall be,
and the same are, hereby adopted.
2. The fees set forth in the fee schedule attached hereto as Exhibit "A" shall
become effective immediately upon adoption of this Resolution.
3. The fees established herein shall, upon the effective date of said fees,
supersede fees set forth in Resolution No. 2003R -129 and any previously adopted fees for the
same permit or approval.
4. The City Council hereby declares that should any one or more fees
established by this Resolution or any portion of this Resolution be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other fees and portions
of this Resolution independent of the elimination herefrom of any such fee or such portion as
may be declared invalid.
BE IT FURTHER RESOLVED that Resolution No. 2003R -129 is hereby
rescinded upon the effective date of the new fee schedule.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 1 9th day of June 2007, by the following roll
call vote:
AYES:
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
43908.3
Mayor Pringle, Council Members Hernandez, Galloway, Sidhu, Kring
CITY ERK OF THE CI EIM
2
By
CITY 0 AHEIM
MAYOR OF TH C OF ANAHEIM
I. Hazardous Waste Control:
EXHIBIT "A"
a. Annual Fee per facility (based on number of employees involved in the
program at the facility and/or any adjoining properties)
1. Special Generator (see page 4 for Special Generator Definition)
2. 0 -10 Employees
3. 11 -25 Employees
4. 26 -50 Employees
5. 51 -100 Employees
6. 101 -250 Employees
7. 251 -500 Employees
8. 500 Employees
b. On -Site Treatment per facility (charged only for the highest tier on site)
1. Permit -by -Rule
2. Conditionally Authorized
3. Conditionally Exempt
II. Underground Storage of Hazardous Substances:
a. Annual Fee per tank
b. Transfer of Ownership per tank
III. Hazardous Materials Release Plan and Inventory:
a. Hazardous Materials Inventory Annual Fee per chemical
1. 1 -2 Hazardous Substances
2. Each Additional Substance
3. Maximum Charge
(this fee shall apply to facilities using, handling
or storing up to 20 or more hazardous substances)
IV. California Accidental Release Prevention Program:
a. Annual Fee per facility
b. Third Party Review
Party submitting Risk Management Plans 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
1 of 4
150.00
290.00
370.00
535.00
695.00
1,050.00
1,350.00
1,775.00
990.00
635.00
150.00
294.00
60.00
205.00
55.00
1,195.00
450.00 for up to 6 hours,
plus 75.00 each
additional hour
Actual cost charged by
outside vendor
V. Aboveground Petroleum Storage Tank Fees:
a. Annual Fee per facility (qualifying tanks are defined in the Health
Safety Code, Chapter 6.95)
VI. Pro -rated Fees:
a. Annual Fees assessed to new facilities (excluding State surcharges)
1. Between January 1 and March 31
2. Between April 1 and June 30
VII. Plan Check Fees (includes all plan check and inspection activities):
b. Underground Storage Tank Installation
c. Underground Storage Tank Removal
d. Underground Storage Tank System Modification
e. Additional Plan Check Hours
f. Abandonment in Place
g. Permit to Change Contents or Remove Flammables
h. Temporary Closure of Underground Storage Tank
i. Expedited Plan Check (for review within 2 business days)
j. Laserfiche Fee (for all plans over 8 1/2 x 11)
VIII. Administrative Fees:
a. Late filing of documents required to be submitted to the CUPA
1. 31 -60 days late
2. 61 -90 days late
3. Over 91 days late
b. Late payment of assessed fees
1. 31 -60 days late
2. 61 -90 days late
3. Over 91 days late
2 of 4
75.00
25% reduction
50% reduction
a. Facility Closure 150.00 for up to 2 hours
750.00 for up to 10 hours
450.00 for up to 6 hours
300.00 for up to 4 hours
75.00 each additional hour
300.00 for up to 4 hours
75.00 for up to 1 hour
300.00 for up to 4 hours
150.00
Actual cost charged by
outside vendor
100.00
Additional 100.00
Additional 100.00
100.00
Additional 100.00
Additional 100.00
c. Replacement copy of issued permits 25.00
IX. Other Services Fees:
Any investigation, consultation, special inspection or incident
mitigation services pertaining to hazardous materials or hazardous
waste
X. Reinspection Fees:
After an initial /routine inspection and one follow -up reinspection,
each additional reinspection will be charged
XI. Small Hydrocarbon Pick -up Program:
a. Engine Company Response
Clean up initiated by Engine Company includes cost of material
b. Small Hydrocarbon Pick -Up Unit
Includes cost for driver, vehicle, transportation and disposal
75.00 per hour
3 of 4
100.00
250.00
per incident
2.00
per minute
Special Generator Definition
A Special Generator is a facility that generates no more than 55 gallons /500 pounds every 180 days (6
months) of any one of the wastes listed in Chapter 6.5, California Health and Safety Code, Section
25160.2* and no more than 165 gallons /1500 pounds total of these every 180 days, and/or treats
photographic solution waste hazardous only due to silver content.
(c) The consolidated manifesting procedure set forth in subdivision (b) may be used only for the following
waste streams and in accordance with the conditions specified below for each waste stream:
(1) Used oil and the contents of an oil /water separator, if the separator is a catch basin, clarifier, or
similar collection device that is used to collect water containing residual amounts of one or more of the
following: used oil, antifreeze, or other substances and contaminants associated with activities that
generate used oil and antifreeze.
(2) The wastes listed in subparagraph (A) may be manifested under the procedures specified in this section
only if all of the requirements specified in subparagraphs (B) and (C) are satisfied.
(A) Wastes eligible for consolidated manifesting:
(i) Solids contaminated with used oil.
(ii) Brake fluid
(iii) Antifreeze.
(iv) Antifreeze sludge.
(v) Parts cleaning solvents, including aqueous cleaning solvents.
(vi) Hydroxide sludge contaminated solely with metals from a wastewater treatment process.
(vii) "Paint- related" wastes, including paints, thinners, filters, and sludges.
(viii) Spent photographic solutions.
(ix) Dry cleaning solvents (includingpercholoroethylene, naphtha, and silicone based solvents).
(x) Filters, lint, and sludges contaminated with dry cleaning solvent.
(xi) Asbestos and asbestos containing materials.
(xii) Inks from the printing industry.
(xiii) Chemicals and laboratory packs collected from K -12 schools.
(xiv) Absorbents contaminated with other wastes listed in this section.
(xv) Filters from dispensing pumps for diesel and gasoline fuels.
(xvi) Disabled vehicle wastes, as defined in subdivision (a) of Section 25163.2.
(xvii) Any other waste, as specified in regulations adopted by the department.
(B) The generator does not generate more than 1,000 kilograms per calendar month of hazardous waste
and meets the conditions of paragraph (1) of subdivision (h) of Section 25123.3. For the purpose of
calculating the 1,000 kilograms per calendar month limit described in this section, the generator may
exclude the volume of used oil and the contents of the oil /water separator that is managed pursuant to
paragraph (1) of subdivision (c).
(C) (i) The generator enters into an agreement with the transporter in which the transporter agrees that the
transporter will submit a confirmation to the generator that the hazardous waste was transported to an
authorized hazardous waste treatment facility for appropriate treatment. The agreement may provide that
the hazardous waste will first be transported to a storage or transfer facility in accordance with the
applicable provisions of law.
4 of 4