2001-188RESOLUTION NO. 2001R- 188
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ESTABLISHING
FEES AND PENALTIES IN CONNECTION
WITH THE REGULATION AND ENFORCEMENT
OF THE HAZARDOUS MATERIALS
DISCLOSURE PROGRAM.
WHEREAS, Section 6.10.100 of the Anaheim Municipal Code
authorizes the City Council to establish a schedule of fees and
penalties in connection with the hazardous materials disclosure
program; and
WHEREAS, the City Council desires to establish said
fees and penalties as hereinafter set forth; 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 do not exceed the City's reasonable cost in
administering the hazardous materials disclosure program and of
responding to requests from the public for access to disclosure
forms; and
WHEREAS, prior to approving said fees, the City Council
has held at least one public meeting at which oral or written
presentations could be made concerning said proposed fees as part
of a regularly scheduled meeting of the City Council; and
WHEREAS, the City of Anaheim has heretofore complied
with the applicable requirements of Chapter 8 of Division 1 of
Title 7 of the Government Code of the State of California
entitled Procedures for Adopting Various Fees;
NOW, THEREFORE, BE IT RESOLVED by the City Council that
the following fees and penalties shall be charged:
To be paid annually by persons using, storing or handling a
hazardous material. The fee shall be based on the number of
chemicals on site. This fee will apply to businesses using,
storing or handling up to 20 substances, for a maximum
charge of $1,190.00.
1. 1-2 Hazardous Substances
$200.00
2. Each additional substance $ 55.00
Bo
Eo
To be paid upon late filing of
1. 31-44 days late
2. 45-60 days late
3. Over 61 days late; Penalties of
Health and Safety Code.
any Business Emergency Plan.
$100.00
$200.00
Section 25514(b) of the
To be paid upon late filing of information updating Business
Emergency Plan and/or late payment of renewal fees:
1. 31-44 days late $100.00
2. 45-60 days late $200.00
3. Over 61 days late; Penalties of Section 25514(b) of the
Health and Safety Code.
To be paid by persons submitting a Risk Management Plan:
RMP review, evaluation and
stationary source audit or
inspection
$ 62.00/hour
Third party review
Party submitting
RMP will contract
with and pay for a
qualified consultant
approved by City to
conduct third party
review of the
document or specific
portion of the
document.
$ 62.00 per hour
Consultation services; Investigation
of Releases, Leaks or unlawful
disposal or abandonment of
hazardous materials
BE IT FURTHER RESOLVED that Resolution No. 95R-107 is
hereby rescinded.
BE IT FURTHER RESOLVED that the City Council hereby
declares that should any one or more fees established by this
2
resolution or any portion of this resolution be declared for any
reason to be invalid, it is the intent of the 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.
THE FOREGOING RESOLUTION is
City Council
2001.
ATTEST:
approved and adopted by the
of the City of Anaheim this 10th day of July
OR OF THE ~IT~F A~N IM
OF THE CITY OF ANAHEIM
39966.1/CFlynn
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. 2001R-188 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 10th day of July, 2001, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
CI'F~ CLERK (~F THE CITY OF ANAHEIM
(SEAL)