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Ord 2001-007
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Ord 2001-007
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
3/19/2001
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(d) Businesses that safely handle hazardous materials and wastes are beneficial to the <br /> economic life of the City and community. It is the intent of the Council to provide program <br /> provisions that facilitate the continued and growing presence of safe businesses. <br /> (e) It is further the intent of the Council to conform the provisions of this chapter to <br /> California laws regulating the storage and handling of hazardous materials and wastes, including: <br /> Chapter 6.5 (hazardous waste); Chapter 6.7 and 6.75 (underground storage tanks); Chapter 6.95, <br /> Article 1 (hazardous materials); Chapter 6.95, Article 2 (Accidental Release Prevention <br /> Program) of Division 20 of the California Health and Safety Code; and Division 7, Chapter 10, <br /> Article 4 of the California Water Code (water monitoring wells). The City hereby assumes <br /> responsibility and exclusive jurisdiction of these laws, to the extent authorized by law. These <br /> State provisions are incorporated into this chapter by reference, as are the State regulations <br /> adopted in furtherance of these statutory provisions, except as modified within this chapter. This <br /> chapter is also intended to be used in conjunction with the most recent version of the Uniform <br /> Fire and Building Code adopted by the City which pertains to hazardous materials management. <br /> Section 3 -17 -110. Assumption of CUPA Authority. <br /> (a) The City hereby assumes the authority and responsibility for the implementation of <br /> CUPA programs ( "Chapter 6.1 1 ") of the California Health and Safety Code (Health and Safety <br /> Code Section 25500 et seq.), as to the handling of hazardous waste /materials in the City. Pursuant <br /> to Section 25404 of Chapter 6.1 1, the City shall have exclusive jurisdiction within its boundaries <br /> for the purposes of implementing CUPA programs. Notwithstanding any other provision of this <br /> Chapter, the Alameda County District Attorney shall continue to be responsible for any civil and <br /> criminal prosecution of CUPA violations, unless otherwise agreed to by the City and the County of <br /> Alameda in writing. <br /> (b) In accordance with Section 25404.2 of Chapter 6.1 1, the City of San Leandro <br /> Environmental Services Division hereby is designated as the administering agency responsible <br /> for the administration and enforcement of the provisions of Chapter 6.11 and this Article. The <br /> City Manager hereby delegates to the City of San Leandro Environmental Services Division <br /> Manager ( "Administrator ") authority to take any and all actions that may be necessary for the <br /> City of San Leandro Environmental Services Division to administer and enforce Chapter 6.11 <br /> and this Article. All City employees designated by the Administrator are authorized to make <br /> such inspections and take any actions on behalf of the Administrator as may be required to <br /> administer and enforce. <br /> Section 3 -17 -115. Laws and Regulations Incorporated by Reference. <br /> The following chapters of the California Health and Safety Code, with their implementing <br /> regulations and agency resolutions, are hereby incorporated into this Chapter by reference: <br /> Chapter 6.5 (hazardous waste); Chapter 6.7 and 6.75 (underground storage tanks; Chapter 6.95 <br /> 3 <br />
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