RES-2012-089 RESOLUTION NO. 2012- 089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RELATING TO FEES AND PENALTIES IN
CONNECTION WITH IMPLEMENTING THE UNIFIED
HAZARDOUS WASTE AND HAZARDOUS MATERIAL
MANAGEMENT REGULATORY PROGRAM ACT AND
RESCINDING RESOLUTION NO. 2010 -097
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 6.11.150 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 meeting or
public hearing, as required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that
1. The fees set forth in the fee schedule attached hereto as Exhibit "A" shall be,
and the same are, hereby adopted.
Exhibit A
1. Aboveground Petroleum Storage Act:
a. Annual Fee per Facility (based on total petroleum volumes stored at facility that exceeds
1,320 gallons).
1. <10,000 gallons $ 330.00
2. 10,001 gallons to 100,000 gallons $ 550.00
3. 100,001 gallons to 1,000,000 gallons $ 880.00
4. 1,000,001 gallons to 10,000,000 gallons $ 1,760.00
5. 10,000,001 gallons to 100,000,000 gallons $ 4,400.00
6. >100,000,000 gallons $ 13,200.00
II. Hazardous Waste Generator:
a. Annual Fee per Facility (based on the 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) $ 182.00
2.0 -10 Employees $ 370.00
3. 11 -25 Employees $ 471.00
4. 26 -50 Employees $ 682.00
5. 51 -100 Employees $ 885.00
6. 101 -250 Employees $ 1,339.00
7. 251 -500 Employees $ 1,721.00
8. 500+ Employees $ 2,262.00
b. On -Site Treatment per facility (charged only for the highest tier on site)
1. Permit -by -Rule $ 1,262.00
2. Conditionally Authorized $ 809.00
3. Conditionally Exempt $ 191.00
1I1. Underground Storage of Hazardous Substances
a. Annual Fee per tank $ 383.00
b. Transfer of Ownership per tank $ 75.00
IV. Hazardous Materials Release Plan and Inventory
a. Hazardous Materials Inventory Annual Fee per chemical
1. 1 -2 Hazardous Substances $ 232.00
2. Each Additional Chemical $ 68.00
3. Maximum Charge $ 2,136.00
(this fee shall apply to facilities using, handling or storing up to 30 or more hazardous
substances)
Page 1 of 4
Exhibit A
V. California Accidental Release Prevention Program:
a. Annual Fee per facility $660.00 for up to 6 hours, plus $110.00 each
additional hour
b. Third Party Review Actual cost charged by the
outside vendor
Party submitting Risk Management Plans will contract
with and pay for a qualified consultant approved by the City
to coduct third party review of the document or
specific portion of the document
VI. Pro -rated Fees:
a. Annual Fees assessed to new facilities (excluding State surcharges)
1. Between January 1 and March 31 25% Reduction
2. Between April 1 and June 30 50% Reduction
VII. Plan Check Fees (includes all plan check and inspection activities):
a. Facility Closure $220.00 for up to 2 hours
b. Underground Storage Tank Installation $880.00 for up to 8 hours
c. Underground Storage Tank Removal $660.00 for up to 6 hours
d. Underground Storage Tank System Modification $440.00 for up to 4 hours
e. Additional Plan Check Hours $110.00 each additional hour
f. Underground Storage Tank Abandonment in Place $440.00 for up to 4 hours
g. Permit to Change Contents or Remove Flammables or Combusitbles $110.00 for up to 1 hour
h. Underground Storage Tank Temporary Closure $440.00 for up to 4 hours
i. Expeditied Plan Check (for review within 2 business days) $ 220.00
j. Laserfiche Fee (for all plans over 8 1/2 x 11 inches) Actual cost charged by outside vendor
VIII. Administrative Fees:
a. Late filing of documents required to be submitted to the CUPA
1. 31 -60 days late $ 100.00
2. 61 -90 days late Additional $ 100.00
3. Over 91 days late Additional $ 100.00
b. Late payment of assessed fees
1. 31 -60 days late $ 100.00
2. 61 -90 days late Additional $ 100.00
3. Over 91 days late Additional $ 100.00
c. Replacement copy of issues permits $ 25.00
IX. Technology Fee
Fee assessed to each facility for ongoing management of data systems $ 38.00
Page 2 of 4
Exhibit A
X. Other Service Fees:
Any investigation, consultation, special inspection or incident mitigation $110.00 per hour
services pertaining to hazardous materials or hazardous waste
XI. Reinspection Fees:
After an initial /routine inspection and one follow -up reinspection $ 100.00
each additional reinspection will be charged
XII. SmaII Hydrocarbon Pick -up Program:
a. Engine Company Response Per Incident $ 250.00
Clean up initiated by Engine Company includes cost of material
b. SmaII Hydrocarbon Pick -up Unit Per Minute $ 2.00
Includes cost for driver, vehicle, transportation and disposal
Page 3 of 4
Exhibit A
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 (including percholoroethylene, 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.
Page 4 of 4
2. The fees set forth in the fee schedule attached hereto as Exhibit "A" shall
become effective immediately upon adoption of this Resolution.
3. Upon the effective date of this Resolution, the City Council hereby
rescinds Resolution No. 2010 -097 and any other 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 10th day of July , 2012, by the following roll call
vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MAYOR OF T E CITY OF ANAHEIM
ATTEST:
...A. a .1
CITY CLERK OF THE ITY OF AHEIM
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