Bakersfield Municipal Code Ch. 8.60 Certified Unified Program Agency

Sections: 8.60.010 Authority. 8.60.020 Scope of program. 8.60.030 City enforcement. 8.60.040 Additional materials regulated.

8.60.050 Underground storage tank cleanup fund. 8.60.060 Fee collection system.

• Editor’s Note: Former Chapter 8.60 Underground Storage Tanks Containing Hazardous Substances, was retitled Certified Unified Program Agency by Ordinance 3814.

Prior ordinance history: Ords. 2966, 3292 and 3475.

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 Agency as the certified unified program agency (CUPA) within the incorporated area of the city of Bakersfield. (Ord. 3814 § 2, 1998)

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-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.

F. The requirements of subdivisions b and c of Section 80.103 of the Uniform Fire Code, concerning hazardous materials management plans and inventories. (Ord. 3814 § 2, 1998)

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. (Ord. 3814 § 2, 1998)

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. (Ord. 3814 § 2, 1998)

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. (Ord. 3814 § 2, 1998)

Pursuant to Article 6.11 of the California Health and Safety Code (commencing with section 25404, et seq.), the city of Bakersfield hereby institutes the 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 and 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. (Ord. 3814 § 2, 1998)