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ORDINANCE NO. ___________
AN ORDINANCE AMENDING CHAPTER 8.60 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO CERTIFIED
UNIFIED PROGRAM AGENCY.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 8.60, of the Bakersfield Municipal Code are hereby amended to read as follows:
Chapter 8.60 CERTIFIED UNIFIED PROGRAM AGENCY
Sections:
1. Deletions, Additions and Modifications
8.60.010 Authority.
8.60.020 Scope of Program — Amended.
8.60.030 City Enforcement.
8.60.040 Additional Materials Regulated.
8.60.045 Requirements for Additional Materials Regulated – Added.
8.60.050 Underground Storage Tank Cleanup Fund.
8.60.060 Free Collection System.
8.60.010 Authority.
The office of environmental services for the fire department of the city of Bakersfield has been certified by the Secretary of the California Environmental Protection Age ncy as the certified unified program agency (CUPA) within the incorporated area of the city of Bakersfield.
8.60.020 Scope of Program.
The unified program includes the enforcement and administration of the following programs:
A. The requirements of Health and Safety Code Chapter 6.5 (commencing with Section 25100) applicable to hazardous waste generators and the sections dealing with permit -
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by-role, conditional authorization, and conditional exempt tiered permits.
B. The requirements of subdivision (c) of Section 25270.5 of Chapter 6.67 of the Health and Safety Code for owners and operators of above ground storage tanks to prepare a spill prevention control and countermeasure plan.
C. The requirements of Chapter 6.7 of the Health and Safety Codes concerning underground storage tanks.
D. The requirements of Article I of Chapter 6.95 of the Health and Safety Code concerning hazardous materials release response plans and inventories.
E. The requirements of Article 2 of Chapter 6.95 of the Health and Safety Code concerning acutely hazardous materials and California Code of Regulations, Title 19, Division 5, Chapter 2, Sections 5050.1 to 5160.1 concerning acutely hazardous materials.
F. The requirements of subdivisions b and c of Section 80.103 of the Uniform Fire Code, concerning hazardous materials management plans and inventories.
8.60.030 City Enforcement.
The environmental services division of the Bakersfield city fire department shall be responsible for the implementation of the unified program within the incorporated area of the city of Bakersfield.
8.60.040 Additional Materials Regulated.
For the implementation of Article 1 of Chapter 6.95 (commencing with Section 25500) of the California Health and Safety Code, as part of the unified program, the following materials shall be reported as part of the hazardous materials inventories:
A. Explosives in any quantity.
B. Hazardous waste in any quantity.
8.60.045 Requirements for additional materials regulated.
Hazardous waste, as defined under California Code of Regulations Title 22, Section 66261.3 and Health and Safety Code Chapter 6.5 Article 13 in quantities less than 100kg shall follow storage, handling, and disposal requirements, pursuant to California Code of Regulations Title 22, Section 66262.16. Universal waste as
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outlined in California Code of Regulations Title 22, Section 66261.9, is exempt from said requirements.
8.60.050 Underground Storage Tank Cleanup Fund.
The city hereby adopts the “Petroleum Underground Storage Tank Cleanup” law, Chapter
6.75 of Division 20 of the California Health and Safety Code, and the regulations which implement it, including, but not limited to, Title 23, California Code of Regulations, Chapter 16, Article XI and Chapter 18. The office of environmental services of the fire department of the city of Bakersfield shall be responsible for the implementation and enforcement of Chapter 6.75 of the California Health and Safety Code.
8.60.060 Fee Collection System.
Pursuant to Article 6.11 of the California Health and Safety Code (commencing with section 25404, et seq.), the city of Bakersfield hereby institutes t he single fee system and collection of state surcharge revenues as set forth therein. The fees collected for administration of this program shall be set forth per Bakersfield Municipal Code Chapter
3.70. Charges and fees collected hereunder shall be due an d payable on the first day of the month and become delinquent after the last day of the month. Interest at the rate of one percent per month shall be added to any charge which is delinquent. Should the city initiate court action to collect amounts due, the city shall be entitled to collect reasonable incurred costs.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________, by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________
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ABSENT: COUNCILMEMBER: _______________________________________________________________
______________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield
APPROVED:
By:____________________________
KAREN GOH
Mayor
APPROVED AS TO CONTENT:
FIRE DEPARTMENT
By: ___________________________
KEVIN ALBERTSON
Fire Chief
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _______________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
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