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)