Buena Park Municipal Code Ch. 8.32 Hazardous Materials

A. Chapter 6.95 of the California Health and Safety Code (Sections 25500, et seq.) establishes procedures and requirements for the handling of hazardous materials, and the establishment of criminal penalties for the violation of any such requirement.

B. Pursuant to California Health and Safety Code Section 25502, every county is required to implement the provisions of said Chapter 6.95. However, Section 225502(b) provides, in pertinent part, that:

C. This council finds that despite the fact that the county of Orange is required to implement and administer such provisions within the county, including the city of Buena Park, it is in the best interests of the health, welfare and safety of the citizens of the city of Buena Park to have the provisions of said Chapter 6.95 administered locally within the boundaries of the city of Buena Park.

D. Pursuant to California Health and Safety Code Section 22502(c), any city which assumes responsibility to administer said Chapter 6.95 must designate a department of the city as the administering agency responsible for enforcing such provisions. Accordingly, it is the desire of this council to designate the Buena Park fire department as such responsible administering agency within the city of Buena Park.

E. All legal prerequisites prior to the adoption of the ordinance codified in this chapter have occurred.

(Prior code § 15C-1; Amended during 1990 codification)

The city of Buena Park does hereby assume responsibility for the implementation of the provisions of Chapter 6.95 of the California Health and Safety Code, and designates the Buena Park fire department as the administering agency responsible for administering and enforcing such provisions of said Chapter 6.95 within the boundaries of the city.

(Prior code § 15C-2)

The schedule of fines and imprisonment set forth in Section 25515 of the California Health and Safety Code shall continue to be specifically applicable to persons and businesses within the boundaries of the city.

(Prior code § 15C-3)

The city clerk shall certify to the adoption of the ordinance codified in this chapter, and is hereby directed to mail a full, true and correct copy of the ordinance codified in this chapter to:

A. The Office of Emergency Services, California State Department of Health Services; and

B. The Orange County Fire Department, Hazardous Materials Program Section.

(Prior code § 15C-4)

The fire department is designated as the primary agency to report to and manage a hazardous materials emergency caused by the release or spillage of hazardous material on either public or private property.

(Added during 1990 codification)

Except as expressly modified herein, the definitions, standards, procedures and requirements as set forth in Chapter 6.95 of the California Health and Safety Code, and the specific guidelines adopted thereunder, are hereby adopted as those regulations governing hazardous materials release response plans and inventory for the city of Buena Park.

(Ord. 1205 § 2, 1987)

Every person or business, except as specifically exempted by California Health and Safety Code Chapter 6.95, shall comply with the Buena Park requirements for hazardous materials response plans and inventory when such person or business handles one or more hazardous materials, or a mixture or mixtures containing hazardous materials, which have a total combined quantity, at any one time during the reporting year, greater than or equal to a total of five hundred pounds, or a total volume of fifty-five gallons, or two hundred cubic feet at standard temperature and pressure for compressed gas, unless the fire chief has provided notice that the weight or volume limits herein for a specific hazardous material have been lowered in response to public health concerns.

(Ord. 1205 § 3, 1987)

The city council shall establish by resolution a schedule of fees to be paid by persons using or handling hazardous materials which are sufficient to cover the costs to the city of administering the provisions of Sections 8.32.060 through 8.32.080 of this chapter.

(Ord. 1205 § 4, 1987)