1 TMA:kd A22-03646 (2-2-2023)
01484017.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWM MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING CHAPTERS 8.85 AND
8.87, ALL RELATING TO THE LONG BEACH CERTIFIED
UNIFORM PROGRAM AGENCY (CUPA)
WHEREAS,
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Chapter 8.85 of the Long Beach Municipal Code is amended to read as follows:
Chapter 8.85
UNDERGROUND AND ABOVE GROUND STORAGE TANKS
8.85.010 Creation of Long Beach CUPA.
The purpose of this Chapter is to designate the Long Beach CUPA as the Unified Program Agency for purposes of enforcing and assuming responsibility for the regulation of the underground storage of hazardous substances within Long Beach, and as the local agency enforcing the Aboveground Petroleum Storage Act requirements under State law.
8.85.020 Definitions.
For purposes of this Chapter, the following definitions shall apply:
A. “Certified Uniform Program Agency ” or “CUPA” means the agency certified by the Secretary of the California Environmental Protection ORD-23-0010
2 TMA:kd A22-03646 (2-2-2023)
01484017.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWM MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Agency to implement the unified program in the City of Long Beach.
B. “Long Beach CUPA ” means the Long Beach Certified Unified Program Agency created by the City of Long Beach and ce rtified by the Secretary of the California Environmental Protection Agency.
8.85.030 Designation of Long Beach CUPA as local agency for underground storage tanks.
The City designates the Long Beach CUPA as its “local agency ” pursuant to Section 25283 and Chapter 6.11 of Division 20 of the California Health and Safety Code, to be the responsible governmental agency for purposes of implementing and enforcing Chapter 6.7 of Division 20 of the California Health and Safety Code, and Chapter 16 of Division 3 of Title 23 of the California Code of Regulations, and other related statutes and regulations, all as may be amended and/or supplemented from time to time.
The Long Beach CUPA may adopt and enforce requirements which are equal to or more stringent than those set forth under State law, in accordance with California Health and Safety Code Section 25283.5. The City Clerk shall cause to be filed three (3) copies of such equal or more stringent requirements with the Clerk's office, and these copies shall be maintained at all times by the City Clerk for use and examination by the public. The designation of authority granted hereunder may be modified or rescinded at any time by modification or repeal of this Section.
8.85.040 Designation of Long Beach CUPA as Unified Program Agency for above ground storage tanks.
The City designates the Long Beach CUPA as the Certified Unified Program Agency to enforce the Aboveground Petroleum Storage Act requirements of Chapter 6.67 of Division 20 of the Califor nia Health and 3 TMA:kd A22-03646 (2-2-2023)
01484017.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWM MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Safety Code and as the Uniform Program Agency under other related statutes and regulations, all as may be amended and/or supplemented from time to time. As permitted by State law, the Long Beach CUPA may adopt and enforce requirements which are equal to or more stringent than those referenced herein. The City Clerk shall cause to be filed three (3) copies of such equal or more stringent requirements with the Clerk's office, and these copies shall be maintained at all times by the City Clerk for use and examination by the public. The designation of authority granted hereunder may be modified or rescinded at any time by modification or repe al of this Section.
8.85.050 Fees.
All persons and facilities governed by Chapters 6.67 and 6.7 of Division 20 of the California Health and Safety Code shall pay those fees established by the Long Beach CUPA by Ordinance or Resolution, for purposes of im plementing Chapters 6.67 and 6.7 of Division 20 of the California Health and Safety Code, and all other provisions related thereto, along with all applicable regulations thereunder, including Chapter 16 of Division 3 of Title 23 of the California Code of Regulations.
8.85.060 Violations.
All persons and facilities governed by Chapters 6.67 and 6.7 of Division 20 of the California Health and Safety Code shall comply with such provisions and the regulations thereunder, including, but not limited to, Chapter 16 of Division 3 of Title 23 of the California Code of Regulations. Any violation of this Chapter and the p rovisions of State law referenced in this Chapter is a violation of this Code and is subject to civil and criminal fines, 4 TMA:kd A22-03646 (2-2-2023)
01484017.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWM MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
penalties and other remedies as provided for under State law and this Code, including restitution and injunctive relief.
Section 2. Chapter 8.87 of the Long Beach Municipal Code is amended to read as follows:
Chapter 8.87
HAZARDOUS WASTE CONTROL
8.87.010 Purpose and intent.
The purpose of this Chapter is to designate the Long Beach CUPA as the administering agency for the enforcement and regulation of Chapter 6.5 of Division 20 of the California Health and Safety Code, and the applicable requirements thereunder, within the jurisdiction of the City.
8.87.020 Definitions.
A. “Certified Uniform Program Agency ” or “CUPA” means the agency certified by the Secretary of the California Environmental Protection Agency to implement the unified program in the City of Long Beach.
B. “Long Beach CUPA” means the Long Beach Certified Unified Program Agency created by the City of Long Beach and certified by the Secretary of the California Environmental Protection Agency.
8.87.030 Designation of Long Beach CUPA.
The City designates the Long Beach CUPA as the Certified Unified Program Agency for Long Beach for the purpose of enforcing the requirements of Chapter 6.5 of Division 20 of the California Health and Safety Code and the regulations related thereto, as provided for under Section 25404(c)(1) of the California Health and Safety Code, all as may be amended and/or supplemented from time to time. As permitted by State law, the Long 5 TMA:kd A22-03646 (2-2-2023)
01484017.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWM MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Beach CUPA may adopt and enforce requirements which are equal to or more stringent than those referenced to herein. The City Clerk shall cause to be filed three (3) copies of such equal or more stringent requirements with the Clerk's office, and these copies shall be maintained at all times by the City Clerk for use and examination by the public. The Long Beach CU PA under this Chapter shall administer its responsibilities. The designation of authority granted hereunder may be modified or rescinded at any time by modification or repeal of this Section.
8.87.040 Fees.
All persons and facilities shall pay those fees established by the Long Beach CUPA, by Ordinance or Resolution, for purposes of implementing and carrying out the responsibilities of the Certified Unified Program Agency under Chapter 6.5 of Division 20 of the California Health and Sa fety Code and all applicable regulations thereunder.
8.87.050 Violations.
All persons and facilities governed by Chapter 6.5 of Division 20 of the California Health and Safety Code shall comply with such provisions and the regulations thereunder. Any violation of this Chapter and the provisions of State law referenced in this Chapter is a violation of this Code and is subject to civil and criminal fines, penalties and other remedies as provided for under State law and under this Code, including restitution and injunctive relief.
Section 3. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty -first (31st) day after it is approved by the Mayor.
1 I hereby certify that the foregoing ordinance was adopted by the City Council 2 of the City of Long Beach at its meeting of February 21 , 2023, by the 3 following vote:
4 5
6 7
8 9
10 11
16 17
18 19
20 21
22 23
24 25
26 27
28 Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
Approved: 3 /,3 I 1.023
(Date)
TMA:kd A22-03646 (2-2-2023)
01484017.docx
6 Zendejas, Allen, Duggan, Supernaw,
Kerr, Saro, Austin, Ricks-Oddie.
None.
Uranga.
None.
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Alyssa Campos being duly sworn says: That I am employed in the Department of the City Clerk of the City of Long Beach; that on the 23rd day of February 2023, I posted three true and correct copies of Ordinance No. ORD-23-0010 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the lobby of City Hall in front of the Civic Chambers; one of said copies in the Billie Jean King Main Library; and one of said copies on the front counter of the City Clerk Department.
Subscribed and sworn to before me
This 23rd day of February 2023.