Hesperia Municipal Code Ch. 8.08 Hazardous Materials

A. All land use decisions, whether determined by city staff, city consultants, the various boards and commission of the city, or the city council shall, in all applicable respects, conform to the county of San Bernardino Hazardous Waste Management Plan as approved by the state of California Department of Health Services.

B. The city retains the authority to attach appropriate conditions to the issuance of any land use permit for a hazardous waste facility in order to protect the public health, safety and welfare; and further, the city retains the authority to establish more stringent planning requirements or siting criteria than those specified in the county hazardous waste management plan.

C. Severability. The city council declares that, should any provision, section, paragraph, sentence or word of the San Bernardino County Hazardous Waste Management Plan adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of the San Bernardino County Hazardous Waste Management Plan adopted shall remain in full force and effect.

(Ord. 96 §§ 2—4, 1990)

A. The city does assume responsibility for the implementation of the provisions of Chapter 6.95 of the California Health and Safety Code and designates the Hesperia Fire District as the administering agency responsible for administering and enforcing such provisions of said Chapter 6.95 within the boundaries of the city.

B. 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.

C. 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 adopted as those regulations governing hazardous materials release response plans and inventory for the city.

D. 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 this section.

E. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this section. The council declares that it would have passed this section and each and every subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

(Ord. 100 §§ 2—6, 1990)

A. The city does assume responsibility for the implementation of the provisions of Chapter 6.7 of the California Health and Safety Code and designates the Hesperia Fire District as the administering agency responsible for administering and enforcing such provisions of said Chapter 6.7 within the boundaries of the city.

B. The definitions, standards, procedures and requirements as set forth in Chapter 6.7 of the California Health and Safety Code, and the specific guidelines adopted thereunder, are adopted as those regulations governing the underground storage of hazardous substances within the city.

C. The city council shall establish by resolution a schedule of fees to be paid by persons using or handling hazardous substances in underground storage containers which are sufficient to cover the costs to the city of administering the provisions of this section.

D. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this section. The council declares that it would have passed this section and each and every subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

(Ord. 101 §§ 2—5, 1990)