Title 8 HEALTH AND SAFETY
Chapter 8.42 CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)
8.42.010 Certified unified program agency (CUPA).
8.42.020 Findings and purpose.
8.42.030 Adoption of provisions of the act.
8.42.040 Adoption of provisions of six hazardous materials and waste management programs consolidated by under the unified program.
8.42.050 Enforcement responsibility--Delegation of authority.
8.42.060 Definitions.
8.42.070 Filing of a hazardous material disclosure form.
8.42.080 Content of disclosure form.
8.42.090 Exemptions from disclosure.
8.42.100 Review of disclosure forms.
8.42.105 Hazardous materials assessment report and remediation plan.
8.42.110 Closure and redemption.
8.42.120 Community right to know--Trade secrets.
8.42.130 Fees and penalties.
8.42.140 Inspections.
8.42.150 Enforcement.
8.42.160 Relation to existing laws.
8.42.010 Certified unified program agency (CUPA).
A. The city of Oakland (“city”), pursuant to the state of
California Environmental Protection Agency’s (“Cal EPA”)
approval of the city’s application to serve as the certified unified
program agency (“CUPA”) for the city, assumes authority and
responsibility for the administration and enforcement within the city of the
unified hazardous waste and hazardous materials management regulatory program
(“unified program”) established by Chapter 6.11 of the California
Health and Safety Code (section 25404, et seq.), (hereinafter referred to as the
“Act”) to consolidate the administration and enforcement of the six
following hazardous materials management programs and ensure the coordination
and consistency of any regulations adopted pursuant to such program
requirements:
1. Hazardous waste generator requirements (Chapter 6.5 of
Health and Safety Code, Section 25100; et seq.);
2. Aboveground storage
tanks (spill prevention control and countermeasure plan only) (Health and Safety
Code Section 25270.5(c));
3. Underground storage tanks (Chapter 6.7 of
Health and Safety Code, Section 25280; et seq.);
4. Hazardous materials
release response plans and inventories (commonly referred to as hazardous
materials business plans (“HMBP”)) (Chapter 6.95 of Health and
Safety Code, Section 25501 et seq.);
5. Requirements concerning acutely
hazardous materials; (commonly referred to as accidental release prevention
program (“CalARP”)) (Chapter 6.95 of Health and Safety Code, Section
25531, et seq.); and
6. State Uniform Fire Code requirements concerning,
hazardous material management plans and inventories (Section 80.103 of the
Uniform Fire Code as adopted by the State Fire Marshal pursuant to Health and
Safety Code, Section 13143.9.).
B. Pursuant to the Act, the city has
exclusive, local jurisdiction within its boundaries to administer and enforce
the requirements of the unified program. Notwithstanding any provision of this
chapter to the contrary, the Alameda County District Attorney shall continue to
be responsible for any civil and criminal prosecution of violations of the
requirements of the unified program, unless otherwise agreed to by the city and
the county of Alameda in writing.
C. The city’s assumption of
responsibility for the implementation of the unified program is in accordance
with the Act and pursuant to that certain agreement dated January 28, 1997,
between the city and the county of Alameda, entitled “Coordinating
Agencies Agreement.” (Ord. 12057 § 1 (part), 1998)
8.42.020 Findings and purpose.
The City Council finds and declares:
A. Hazardous materials and
hazardous waste in the community may be hazardous to the environment and the
health of individuals who visit, reside or work in the city if they are exposed
to such substances as a result of fire, spills, industrial accidents, releases,
emissions or other incidents.
B. Businesses that safely handle, use, store
and dispose of hazardous materials and waste benefit the community by protecting
the environment and the health and welfare of residents, workers and visitors.
It is the intent of the City Council that the administration and enforcement of
the unified program requirements will facilitate safe business practices with
respect to hazardous materials and waste.
C. It is the intent of the City
Council that the administration and enforcement of the unified program will
reduce the likelihood of fires, spills, emissions, releases and other incidents
that could detrimentally affect the lives of residents, visitors and workers and
the environment by establishing an inspection procedure, disclosure
requirements, and permitting procedures for businesses that handle, store, use,
and dispose of hazardous materials and waste in the city.
D. It, further is
the intent of the City Council that information will be provided to residents,
workers and visitors regarding the appropriate handling, use, storage and
disposal of hazardous materials and waste.
E. The City Council acknowledges
the community’s right and need to know basic information about the
handling, use, storage and disposal of hazardous materials and waste in the
city. Therefore, this chapter identifies the persons in the city who will
provide public information pertaining to businesses that are covered by the
unified program. (Ord. 12057 § 1 (part), 1998)
8.42.030 Adoption of provisions of the act.
The city adopts and incorporates by reference as if fully set forth
herein, the provisions of the Act, (California Health and Safety Code, Section
25404, et seq.) as it may be amended from time to time, which established the
unified program and pursuant to which the city was approved as the certified
unified program agency (“CUPA”) to administer and enforce the
unified program for the city. The city further adopts and incorporates by
reference as if fully set forth herein the regulations promulgated under the
Act, as they may be amended from time to time. (Ord. 12057 § 1 (part),
1998)
8.42.040 Adoption of provisions of six hazardous materials and waste management programs consolidated by under the unified program.
A. The following provisions of the California Health and Safety Code and
applicable regulations, as they may be amended from time to time, which
establish the requirements of the six hazardous waste and materials management
programs that are consolidated by the unified program hereby are incorporated by
reference as if fully set forth herein:
1. Chapter 6.5 of the Health and
Safety Code, Section 25100, et seq.--hazardous waste generator
requirements;
2. Health and Safety Code Section 25280.5(c)--aboveground
storage tanks (spill prevention control and countermeasure plan
only);
3. Chapter 6.7 of the Health and Safety Code, Section 25280, et
seq.--underground storage tanks;
4. Chapter 6.95 of the Health and Safety
Code, Section 25501, et seq.--hazardous materials release response plans and
inventories (commonly referred to as hazardous materials business plans
(“HMBP”));
5. Chapter 6.95 of the Health and Safety Code,
Section 25531, et seq.--requirements concerning acutely hazardous materials;
(commonly referred to as the accidental release prevention program
(“CalARP”)); and
6. Section 80.103 of the Uniform Fire Code as
adopted by the State Fire Marshal pursuant to Health and Safety Code, Section
13143.9 state Uniform Fire Code requirements concerning, hazardous material
management plans and inventories.
B. This chapter shall be implemented and
enforced in compliance with the Act, the provisions set forth in subsection A of
this section, any other applicable laws and regulations, as they may be amended
from time to time, and the following:
1. Uniform Fire and Building Codes of
the city pertaining to hazardous materials and waste management, as they may be
adopted and amended from time to time;
2. In accordance with Health and
Safety Code Section 25500, which authorizes local agencies to adopt more
stringent regulations than those established under state law with respect to
businesses handling hazardous materials, this chapter contains local
requirements that are stricter than the state requirements (see Section
8.42.090(B).);
3. This chapter shall be implemented and enforced in
accordance with any other requirements which are applicable to the unified
program, but are not specifically incorporated by reference in this chapter, any
new federal, state or local laws and/or regulations that may be enacted from
time to time and any amendments to any such requirements. (Ord. 12057 § 1
(part), 1998)
8.42.050 Enforcement responsibility--Delegation of authority.
A. The city’s Fire Services Agency, Office of Emergency Services
(“OES”) is designated as the administering agency responsible for
the administration and enforcement of the unified program and this chapter. The
City Manager delegates to the Director of Fire Services of the Fire Services
Agency the authority to take any and all actions that may be necessary for the
Fire Services Agency, OES to administer and enforce the unified program
requirements and this chapter. All city employees designated by the Fire Chief
are authorized to make inspections and take any actions on behalf of the Fire
Chief as may be required to administer and enforce the requirements of the
unified program and this chapter.
B. The OES Emergency Services manager or
his/her designee shall be the administrator (“Administrator”) of the
unified program and this chapter.
C. The Fire Services Agency, OES may, for
purposes consistent with this chapter, undertake actions, including but not
limited to public educational programs regarding hazardous materials and waste,
the requirements of this chapter, and promotion of pollution prevention, and
recycling of waste products. (Ord. 12057 § 1 (part), 1998)
8.42.060 Definitions.
The definitions of terms included in the applicable laws (see sections
8.42.030 and 8.42.040) shall apply to this chapter. Definitions of certain terms
that are used herein, are set forth in this section for easy reference. However,
the following definitions are not intended, nor shall they be construed to
change the definition of any term defined in the Act or the other provisions of
law that apply to the unified program. In the event of conflict between the
definitions in this chapter and applicable state and/or federal law, the
definition in the state or federal law, as the case may be shall
govern.
“Administrator” means the unified program administrator,
who shall be the OES, Emergency Services Manager or his/her
designee.
“Closure” of a storage unit or facility that has
received a permit under the unified program to handle hazardous materials or
waste means the termination of handling of such hazardous materials and/or
waste, and shall include the preparation and implementation of a closure plan
that will meet the following objectives:
1. Eliminate the need for further
monitoring of the closed unit or facility;
2. Ensure that there is no
residual threat to public health or safety or the environment from possible
release of hazardous materials and/or waste from the unit or facility;
and
3. Ensure that the removal, disposal and neutralization or reuse of the
hazardous materials and/or waste handled by or released from the unit or
facility, are accomplished in an appropriate manner.
“Handle”
means to use, generate, process, package, treat, store, emit, discharge or
dispose of a hazardous material in any manner.
“Handler” means a
business that handles hazardous materials and/or generates wastes, and is
subject to the provisions of the unified program and this
chapter.
“Hazardous material or waste” means any of the
following:
1. Any material classified as a hazardous material or hazardous
substance by any of the provisions of law and applicable regulations
incorporated by reference in this chapter pursuant to Sections 8.42.030 and
8.42.040, hereof;
2. Any waste classified as a hazardous waste by any of the
provisions incorporated by reference in this chapter pursuant to Section
8.42.030 and 8.42.040, hereof;
3. Any material defined by the U.S.
Environmental Protection Agency as an ozone depleter in Title 40 of the Code of
Federal Regulations, part 82; or
4. Any other material or waste designated
as hazardous for purposes of this chapter by the Administrator, upon a finding
by the Administrator that the material or waste meets the requirements of Health
and Safety Code Sections 25501 and 25501.4. (Ord. 12057 § 1 (part),
1998)
8.42.070 Filing of a hazardous material disclosure form.
A. Any business or facility in the city that handles a hazardous material
or waste, must submit its initial disclosure form at the time it begins
operations, or at the time it first begins to handle or generate a hazardous
material or waste that must be disclosed. In accordance with the requirements of
this chapter, including but not limited to Health and Safety Code Sections 25531
through 25543.2, a risk management plan must be completed and submitted to the
Administrator prior to the issuance of the certificate of occupancy for acutely
hazardous materials that exceed the applicable threshold planning quantity. The
form and content of the disclosure shall conform to the requirements of Section
8.42.080 of this chapter.
B. In addition to the requirement set forth in
subsection A of this section, each handler/generator shall submit a completed
disclosure form annually, or when required to do so under the terms of
subsection C of this section. The Administrator shall have the authority to
amend or change the applicable form from time to time as he or she deems
appropriate in his or her sole discretion to accomplish the purposes of the
unified program and this chapter. Handlers shall complete the form that is in
effect at the time they are required to submit such form. It shall be the
responsibility of the handler to obtain from the Administrator the applicable
form.
C. A handler shall file a revised disclosure form within fifteen (15)
days after any of the following:
1. Introduction of a new hazardous material
or waste, or an increase of fifty percent (50%) or more of the total quantity of
a hazardous material or waste previously disclosed, unless the material or waste
is subject to any of the exemptions set forth in Section 8.42.090;
2. Change
of business address;
3. Change of business ownership; or
4. Change of
business name. (Ord. 12057 § 1 (part), 1998)
8.42.080 Content of disclosure form.
A. A hazardous materials/waste disclosure form shall be developed by the
Administrator. The standard disclosure form shall include, but not be limited
to, the following:
1. All information required to be submitted under the
authority of California Health and Safety Code Sections 25503, 25503.5, 25504
and 25509;
2. Sufficient and timely information on how and where the
hazardous materials and wastes disclosed, subject to subsection (A)(1) of this
section, are handled in order to permit fire and safety personnel to prepare
adequate emergency responses to potential releases of the hazardous materials
and wastes;
3. Assurance that any disposal of hazardous materials and wastes
will be accomplished in compliance with the requirements of this chapter and the
unified program; and
4. Sufficient and timely information about any releases
of hazardous materials or wastes into the air, water, sewers or land to permit
the Administrator and the public to understand the sources and content of the
releases.
B. The Administrator may develop a short form, hazardous materials
disclosure form for use by one or more handlers of similar types of materials,
instead of the standard form. Any short form shall include, but not be limited
to, the following:
1. A facility description;
2. An inventory of the
hazardous materials and wastes handled;
3. Information describing how the
hazardous materials and wastes will be handled in a suitable manner in
accordance with the requirements of the unified program and will be
appropriately contained, segregated and monitored;
4. Description of
emergency equipment to be maintained;
5. A map and drawing showing the
location of all hazardous material and waste handling, and indicating the
hazardous class or classes and physical state, and the location of any equipment
or safety features designed to prevent, contain, or respond to releases of
hazardous materials and/or wastes; and
6. Assurance that any disposal of
hazardous materials and wastes will be in an appropriate manner in accordance
with the requirements of the unified program and this chapter.
C. The
Administrator may charge a site plan review fee or fees for reviewing and
processing a disclosure form in accordance with Section 8.42.100 of this
chapter.
D. A handler shall supply to the Administrator upon request
additional information determined by the Administrator to be necessary to
protect health and safety and/or the environment. (Ord. 12057 § 1 (part),
1998)
8.42.090 Exemptions from disclosure.
A. Hazardous substances contained solely in consumer products packaged for
distribution to, and used by, the general public shall be exempt from disclosure
under this chapter, unless the Administrator provides notice that the handling
of certain quantities of specified consumer products requires disclosure under
this chapter in response to public health concerns.
B. In accordance with
Health and Safety Code Section 25503.5(a), any business handling less than five
hundred (500) pounds of all solid hazardous materials or wastes, or less than
thirty (30) gallons of all liquid hazardous materials or wastes, or less than
two hundred (200) cubic feet at standard temperature and pressure of all gaseous
hazardous materials or wastes, at all times during a year, shall be exempt from
the requirement to disclose that handling, unless:
1. The material or waste
is a hazardous material, as defined in Section 25532 of the Health and Safety
Code; or
2. The material or waste is a radioactive material, as defined in
Section 25501(o)(2) of the Health and Safety Code; or
3. The material or
waste is, or contains, a chemical known to the state of California to cause
cancer or reproductive toxicity, as listed in 22 CCR Section
13000.
C. Handlers shall disclose the total quantity of hazardous materials
or wastes in each hazard class. Unless required by the Administrator under the
authority of subsection B of this section, or subsection D of Section 8.42.080,
the disclosure shall identify, by container, only those containers with a
capacity of at least one hundred (100) pounds of a solid, twenty (20) gallons of
a liquid, or fifty (50) cubic feet of a compressed gas measured at standard
temperature and pressure. (Ord. 12057 § 1 (part), 1998)
8.42.100 Review of disclosure forms.
The Administrator or his or her designee shall review each disclosure form
and shall either (1) accept the disclosure form if it conforms to the
requirements of this chapter and the unified program, and provides complete and
adequate information necessary for the protection of safety and health, and the
environment; or (2) return the form to the handler describing additional
information that must be included in the form before it will be accepted. (Ord.
12057 § 1 (part), 1998)
8.42.105 Hazardous materials assessment report and remediation plan.
A. This section shall apply to the following entities that are located
within one thousand (1,000) feet of a residence, school, hospital, or other
sensitive receptor:
1. A handler; or
2. An applicant for a business tax
license for a change of ownership of an industrial facility (hereinafter
referred to as “applicant”).
B. This section shall not supercede
any other disclosure requirements set forth in this chapter.
C. Each
applicant described in subsection (A)(2) of this section, shall, within ten (10)
days of its application, make written disclosure of whether it will handle,
store, or produce any substance presenting a threat to public health listed
pursuant to Section 44321 of the California Health and Safety Code
(“hazardous substance”). For purposes of this section
“release” shall be defined as in Section 44303 of the Health and
Safety Code.
D. At the discretion of the Administrator, each handler
described in subsection (A)(1) of this section or each applicant described in
subsection (A)(2) of this section shall prepare a hazardous materials assessment
report and remediation plan (HMARRP). The HMARRP shall be prepared by a
qualified and properly licensed engineer, specialist, laboratory or fire safety
specialty consultant as directed by the Administrator.
E. The HMARRP shall,
at a minimum, set forth (a) identification of hazardous substances handled and
stored on a property and suitability of the site; (b) analysis of off-site
consequences caused by a release (including on-site fire) of hazardous
substances; and (c) remedial measures to reduce or eliminate on-site and
off-site hazards; and (d) a health risk assessment (HRA) performed in accordance
with the guidelines established by the Office of Health Hazard Assessment
pursuant to Health and Safety Code Section 44360(b)(2). Identification of trade
secret information shall be identified as set forth in Section 8.42.120 of this
code.
F. Upon submission of the HMARRP, the Administrator shall review the
HMARRP to determine if all the elements required are included and complete. The
Administrator shall provide preliminary written notice of deficiencies, if any.
The handler or applicant shall have sixty (60) calendar days from receipt of the
notice of deficiencies to make any corrections. The handler or applicant may
request, in writing, a one-time thirty (30) calendar day extension to correct
administrative or technical deficiencies. By the end of the sixty (60) calendar
days or any extension period, the revised HMARRP shall be resubmitted to the
Administrator. After the Administrator makes a preliminary determination that
the HMARRP is complete, the Administrator shall schedule a public meeting on the
handler’s or applicant’s HMARRP to explain its contents to the
public and take public comments. The Administrator shall make portions of the
HMARRP, which are not protected trade secret information, available to the
public for the public meeting.
G. After receiving the written response from
the handler or applicant, the Administrator shall issue a public notice per the
city’s public participation policy and make portions of the HMARRP, the
preliminary determination and the handler’s or applicant’s
responses, which are not protected trade secret information, available for
public review. For the purpose of consideration in approving the final plan,
public comments on the HMARRP shall be taken by the Administrator for a period
of forty-five (45) days after preliminary approval of the HMARRP. The
preliminary determination and handler’s or applicant’s responses
shall be made available to the public. The Administrator shall schedule a public
meeting on the applicant’s HMARRP during the forty-five (45) day comment
period. The public meetings shall be held in the affected community on evenings
or weekends.
H. The Administrator can direct any or all responsible parties
to implement the recommendations set forth in the hazardous materials assessment
report and remediation plan. (Ord. 12323 § 1, 2001)
8.42.110 Closure and redemption.
A. It shall be unlawful for any person to abandon, remove, or close a unit
or facility, or other area regulated by this chapter until a closure plan has
been submitted to the Administrator and determined by the Administrator to be
complete and satisfactory. The Administrator may charge a fee or fees for
reviewing and processing the closure plan, and for overseeing closure, in
accordance with the provisions of this chapter.
B. Closure shall be
accomplished by complying with the following requirements:
1. A closure plan
shall be submitted by a responsible person (handler and/or owner) to the
Administrator at least thirty (30) days prior to the date scheduled for closure
of the storage unit or facility. The closure plan shall demonstrate to the
satisfaction of the Administrator that regulated hazardous materials and wastes,
that are or have been handled or released in the storage unit or facility, will
be transported, disposed of or reused in a manner that protects public health
and safety and the environment; that any residual contamination and/or material
will be removed before closure is complete; and that closure process will be
accomplished in compliance with the unified program requirements.
2. The
Administrator shall notify the applicant that the closure plan is complete and
has been accepted, or shall notify the applicant of any deficiencies in the
closure plan that must be corrected prior to closure.
3. Each unit or
facility scheduled for closure shall be subject to inspection before and after
closure by the Administrator or his/her designee, to confirm that closure will
be undertaken or was undertaken, as the case may be, in conformity with the
closure plan accepted by the Administrator, and that any contamination has been
removed.
4. If contamination at the facility cannot be removed prior to
closure, then the closure plan shall include a specific plan detailing the plan
to assess, monitor and remove any contamination, and a binding commitment by the
handler to clean up such contamination in accordance with the accepted closure
plan and the time lines determined by the Administrator. The Administrator may
accept a plan under this subdivision only upon a finding that the plan provides
adequate protection of public health and safety and the environment and is in
compliance with the requirements of the unified program and this
chapter.
C. The handler, its employees, and authorized representative, upon
discovery, shall immediately report any release or threatened release of a
hazardous material or waste by calling “911.” Releases required to
be reported under this subsection shall include, but shall not be limited to,
all releases that the handler is required to report to any agency under any law
governing the handling of hazardous materials or wastes. The requirement of this
subsection is in addition to any other requirements to report releases; and
compliance with this subsection does not constitute compliance with any other
such requirements.
D. The handler and any person responsible for handling a
hazardous material or waste subject to this chapter shall institute and complete
all actions necessary to remedy the effects of any unauthorized release, whether
such release is sudden or gradual. This subsection shall not affect any rights
of the responsible party or third parties to recover appropriate costs and
expenditures from any party.
E. All or any part of any real property, or any
building or structure located thereon, at which contamination from hazardous
materials or wastes is found, which contamination is not being managed in
compliance with the provisions of this section, is declared a public nuisance
and may be abated by rehabilitation, removal, demolition, or repair under
procedures and standards provided in this chapter (including provisions
incorporated by reference in Sections 8.42.030 and 8.42.040.) Whenever the city
determines that property in the city constitutes a nuisance as provided in this
section and that abatement of such nuisance is required, the city shall provide
written notice to abate to the owner and any handler who holds a permit under
this chapter to handle hazardous materials or wastes at the site.
1. The
notice shall state the property, street address of the subject property, and
shall be served on the owner and the handler that holds a permit issued under
this chapter either personally or by first class mail, postage
prepaid.
2. The notice shall advise the owner and the handler of the
deadline to take corrective action to remedy the nuisance.
3. The notice
shall specify the corrective action required. When the exact nature and extent
of contamination cannot be determined based on information available at the time
the notice is served, the notice may require the owner and the handler to
undertake measures to identify and characterize the contamination by performing
an analysis of samples of such contamination, and present the results of such
analysis to the Administrator with a plan for corrective action. (Ord. 12057
§ 1 (part), 1998)
8.42.120 Community right to know--Trade secrets.
A. Subject to the subparts of this section regarding trade secrets, all
disclosure forms and permits are public records and will be publicly available
during normal business hours in the office of the Fire Service Agency, OES,
Hazardous Materials Management Program in accordance with the requirements of
the California Public Records Act (Government Code Section 6250 et seq.) and the
city of Oakland Sunshine Ordinance (Ordinance No. 11957 C.M.S.)
B. If a
handler believes that information required to be disclosed on the disclosure
form, a permit application, or under the terms of this chapter involves the
release of a trade secret, the handler shall notify the Administrator in writing
of the information that the handler believes involves the release of a trade
secret. As used in this chapter, trade secret shall have the meaning given by
Health and Safety Code Sections 25290 (for underground storage tank systems) and
25511 (hazardous materials release response plans and inventories), and of
Section 6254.7 of the Government Code (Public Records Act), and Section 1060 of
the Evidence Code when applicable.
C. Upon receipt of a request for the
release of information to the public which includes information identified by
the handler to the Administrator as a trade secret under subsection B of this
section, the Administrator shall notify the handler in writing of the request by
certified mail, return receipt requested. The Administrator shall release the
information forty-five (45) days after the mailing of such notice, unless prior
to the expiration of such forty-five (45) days, the handler institutes an action
in an appropriate court for a declaratory judgment that such information is
subject to protection under subsection B of this section and/or obtains an
injunction prohibiting disclosure. The handler and the member(s) of the public
requesting disclosure shall be considered the real parties in interest in any
such action, and the city of Oakland, if named, will be the disinterested
party.
D. Any information reported to or otherwise obtained by the
Administrator that is exempt from disclosure, shall not be disclosed to anyone
except as may be required or permitted by applicable law.
E. Any person who
receives information protected from disclosure by this section because they
qualify under subsections D(1) and (2) of this section, who, knowing that
disclosure of this information is prohibited, knowingly and wilfully, discloses
such information in any manner to any person not entitled to receive it, shall
be guilty of a misdemeanor.
F. Information certified by appropriate
officials of the United States Government as exempt from disclosure for national
security purposes shall be accorded the full protection against disclosure as
specified by such officials in accordance with the laws of the United
States.
G. The provisions of this section shall not permit a handler of
hazardous materials to refuse to disclose to the Administrator information
required by this chapter. (Ord. 12057 § 1 (part), 1998)
8.42.130 Fees and penalties.
The City Council shall establish, from time to time, a schedule of fees
for each class of permits issued under this chapter, for additional late fees,
and for additional services provided by the city to administer and enforce this
chapter. The fees established by the City Council shall be sufficient to allow
the city to recover its costs of administering this chapter. Such fees shall
take effect upon adoption by the City Council. (Ord. 12057 § 1 (part),
1998)
8.42.140 Inspections.
A. In order to carry out the purposes of this chapter, the Administrator
or designee has the authority to inspect any place/site where hazardous
materials or wastes are handled, or any place/site where the Administrator has
reason to believe that an unauthorized release of a hazardous material has
occurred, is occurring, or may occur. This authority extends to any property
within two thousand (2,000) feet of property on which hazardous materials or
wastes are handled. The authority conferred by this section includes the
authority to conduct any monitoring or testing of any aboveground or underground
storage tank system. This right of entry shall be exercised only at reasonable
hours unless otherwise required by an emergency, and entry shall be made to any
establishment or property only with the consent of the owner or tenant thereof,
or with property inspection warrant or other remedy provided by law to secure
entry.
B. All inspections under this chapter shall be at the discretion of
the Fire Services Agency, OES and nothing in this chapter shall be construed to
require that the OES conduct any inspection, nor shall any inspection by OES
create a duty to conduct any other inspection. Furthermore, nothing in this
chapter shall be construed to hold the OES or any officer, employee or
representative of the OES or the Fire Services Agency responsible for any damage
to persons or property by reason of making an inadequate or negligent
inspection, or by reason of any failure to make an inspection or reinspection,
or take any enforcement or remedial action. (Ord. 12057 § 1 (part),
1998)
8.42.150 Enforcement.
A. Any party that violates any provision of this chapter shall be liable
for civil and criminal penalties, as appropriate, to the full extent provided by
state law, and this chapter. Such liability may include, but shall not be
limited to, liability for administrative civil penalties as provided in Health
and Safety Code Section 25514.5. The remedies provided for under this section
are in addition to any the city or any person might have under other applicable
laws.
B. Any person who violates or causes the violation of this chapter
shall be guilty of a misdemeanor and shall be subject to the penalties provided
therefor in Title 1, Section 1.28.020(A) of this code; in addition to any other
remedies provided for in this chapter or under other applicable law. Failure to
pay by the date due any fee or fine levied under this chapter shall be a
violation of this chapter.
C. The Administrator may cooperate with the
Office of the City Attorney and/or the Alameda County District Attorney’s
Office of Environmental Affairs in bringing judicial and/or administrative
action to enforce any provision of this chapter. Such judicial and/or
administrative actions may seek the penalties and relief to the full extent
provided under law, including but not limited to the reasonable cost of the city
of Oakland and/or the District Attorney’s Office in prosecuting the
enforcement action to the extent authorized by applicable law. (Ord. 12057
§ 1 (part), 1998)
8.42.160 Relation to existing laws.
A. To the extent that the requirements of applicable law are amended from
time to time, the Administrator shall have the power to enforce same.
B. The
disclosure of hazardous materials information in accordance with the provisions
of this chapter shall not in any way affect any other liability or
responsibility of a handler with regard to safeguarding the health and safety of
any employee, or any other person or the environment. (Ord. 12057 § 1
(part), 1998)
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