Chapter 8.85 — UNDERGROUND AND ABOVE GROUND STORAGE TANKS

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.

(ORD-23-0010 § 1, 2023; Ord. C-7483 § 1, 1997)

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 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.

(ORD-23-0010 § 1, 2023; Ord. C-7483 § 1, 1997)

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 The designation of authority granted hereunder may be modified or rescinded at any time by modification or repeal of this Section.

(ORD-23-0010 § 1, 2023; Ord. C-7483 § 1, 1997)

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 California Health and 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 repeal of this Section.

(ORD-23-0010 § 1, 2023; Ord. C-7483 § 1, 1997)

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 implementing 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.

(ORD-23-0010 § 1, 2023; Ord. C-7483 § 1, 1997)

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 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 this Code, including restitution and injunctive relief.

(ORD-23-0010 § 1, 2023; Ord. C-7483 § 1, 1997)