Note: Prior code history: Prior code §§ 2-26.01, 2-26.02; Ord. 1112.
The council hereby finds and declares that:
A. 
The purpose of this chapter is to implement, within the city, all hazardous materials and hazardous waste programs covered under SB 1082, otherwise known as the Certified Unified Program Agency (CUPA) law. These programs include: hazardous materials release response plans and inventory, also known as hazardous materials business or management plans (Chapter 6.95 of Division 20 of the Health and Safety Code); California accidental release prevention program (Chapter 6.95 of the Health and Safety Code); underground storage tanks (Chapter 6.7 of the Health and Safety Code), aboveground storage tanks (Chapter 6.67 of the Health and Safety Code); and hazardous waste generator and on-site treatment (Chapter 6.5 of the Health and Safety Code).
B. 
The city has historically implemented the underground storage tank program, the hazardous materials business plan program and the California accidental release prevention program (formerly known as the risk management and prevention plan program). New programs to be undertaken include hazardous waste generator, on-site treatment of hazardous waste (lower three tiers of the tiered permitting program), and aboveground storage of petroleum liquids in tanks (this will be in addition to the Uniform Fire Code requirements). The purpose of this chapter will be to bring all regulatory authority and compliance requirements under one comprehensive chapter.
(Ord. 1734 § 2, 1998)
The following chapters of the California Health and Safety Code and California Code of Regulations, with their implementing regulations and agency resolutions, are hereby incorporated into this chapter by reference: Chapter 6.11 (unified hazardous waste and hazardous materials regulatory program); Chapter 6.5 of Division 20 of the Health and Safety Code commencing with Section 25100 (hazardous waste generators and on-site treatment authorized under the permit-by-rule, conditionally authorized and conditionally exempt tiers); Chapter 6.67 (commencing with Section 25270) of the Health and Safety Code (aboveground storage tanks); Chapters 6.75 and 6.7 excluding Section 25297.1 of Division 20 of the Health and Safety Code (underground storage tanks); Sections 2720 through 2728 of Article 11, Chapter 16 of Title 23 (underground storage tanks); Title 23, Division 3, Chapters 16 and 18 of the California Code of Regulations (underground storage tanks); Chapter 6.95 Article 1 (hazardous materials) and Article 2 (regulated substances) of Division 20 of the California Health and Safety Code and Section 8001.3 Part 9 of Title 24, California Code of Regulations (hazardous materials management plan). The provisions of this chapter shall conform to these incorporated provisions as they may be amended, unless explicitly modified within this chapter. In no case shall this chapter be less stringent than what state law requires.
(Ord. 1734 § 2, 1998)
The Livermore-Pleasanton fire department hereby assumes authority and responsibility to be the certified unified program agency (CUPA) for the jurisdiction of the city. As CUPA, the city has authority to administer and enforce hazardous materials and hazardous waste laws and regulations pursuant to Section 9.16.020 of this chapter.
(Ord. 1734 § 2, 1998)
Whenever this chapter requires the city to approve or to find no exceptions to a design, test or other technical submittal, the city may, in its discretion, require the person making the submittal to retain, at the person's expense, a qualified independent engineer, chemist, or other appropriate professional consultant, acceptable to the city, for the purpose of evaluating and rendering a professional evaluation of such submittal to achieve the purposes of this chapter. The city shall be entitled to rely on such evaluation and/or opinion of such engineer, chemist or professional consultant in making the relevant determinations provided for in this chapter.
(Ord. 1734 § 2, 1998)
The city shall establish, from time to time, a schedule of fees for services provided by the city to administer and enforce this chapter. The fee schedule shall include a service fee for all businesses, which fee shall be collected by the CUPA and transmitted to CalEPA. The fees shall be set by a separate city council resolution as part of the city's master fee schedule (on file in the office of the city clerk).
(Ord. 1734 § 2, 1998)
A. 
Any person that violates any provision of this chapter shall be liable for civil or criminal penalties, as appropriate, to the full extent provided by state law and this code. Violations of this chapter shall be as provided in Chapters 1.12 and 1.24 of this code. Liability for violations may include, but is not limited to, liability for administrative civil penalties as provided in Health and Safety Code Section 25514.5 and in this code. The remedies provided for under this section are in addition to any the city or any person might have under applicable law.
B. 
Any person or business found to have violated any provision of this chapter shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed or continued by such person.
(Ord. 1734 § 2, 1998)