2003-129RESOLUTION NO. 2003R- 129
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 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.
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 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. 2002R-83 is
hereby rescinded upon adoption of the new fee schedule.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this _~~day of ~ 2003.
/,
MAYOR OF THE C~ O[MANAHEIM
ATTEST~
CIT~ CLERt~ OF THE CITY OF ANAHEIM
43908.2
II.
Hazardous Waste Control:
EXHIBIT "A"
a. Special Generator
b. 0-10 Employees
c. 11-25 Employees
d. 26-50 Employees
e. 51-100 Employees
f. 101-250 Employees
g. 251-500 Employees
h. 500 + Employees
i. On-Site Treatment
1. Permit-by-Rule
2. Conditionally Authorized
3. Conditionally Exempt
Underground Storage of Hazardous Substances:
a. Annual Fee to Operate
b. Transfer of Ownership
c. Permit to Change Contents or Remove Flammables
fo
Temporary Closure of Underground Storage Tank (not to exceed
one year)
Plan Check Fee 1. Tank Installation
2. Tank Removal
3. Abandonment in Place Permit
4. System Modification
5. Oversight of Cleanup
150.00
290.00
370.00
535.0O
695.00
1,050.00
1,350.00
1,775.00
990.00 per facility
635.00 per facility
150.00 per facility
294.00
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
192.00 (per three hours)
+ 64.00 each add'l hour
88.00 per hour
Investigation of Unauthorized Releases/leaks/abandonment of
underground storage tanks; investigations of non-permitted facilities
64.00
per hour
Page I of 3
III. Hazardous Materials Release Plan and Inventory:
a. Facility Closure
120.00
Hazardous Materials Inventory 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 hazardous substances)
205.00
55.00 per chemical
1,195.00
Late Filing of Business Emergency Plan or Late Filing of Information
Updating Business Emergency Plan and/or Inventory
1. 31-60 days late
2. 61-90 days late
3. Over 91 days late - Penalties of Section 25514 of the California
Health and Safety Code
IV. California Accidental Release Prevention Program:
100.00
200.00
Ve
ao
To be paid by persons submitting a Risk Management Plan
1. RMP review, evaluation and stationary source audit
or inspection
64.O0
per hour
2. 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
Small Hydrocarbon Pick-up Program:
64.00
per hour
ao
Engine Company Response
Clean up initiated by Engine Company includes cost of
material.
250.00
perincident
Small Hydrocarbon Pick-Up Unit
Includes cost for driver, vehicle, transportation and disposal.
2.00
per minute
Page 2 of 3
VI.
Late Fees:
To be paid upon late payment of permit and renewal fees.
a. 31-60 days late
b. 61-90 days late
100.00
200.00
VII.
Reinspection Fees:
After the initial inspection and one follow-up reinspection, each additional
inspection will be charged.
100.00
Page 3 of 3
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. 2003R-129 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City
members thereof:
AYES:
NOES:
ABSTAINED:
ABSENT:
Council held on the 17th day of June, 2003, by the following vote of the
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Pringle, Chavez, Tait, Hernandez, McCracken
None
None
None
C_(IZrY CLERIC' OF 'fi'HE CITY OF ANAHEIM
(SEAL)