Chapter 8.42 — CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)

A.

The city of Oakland ("city"), pursuant to the state of California Environmental Protection Agency's ("Cal EPA") approval of the city's application to serve as the certified unified program agency ("CUPA") for the city, assumes authority and responsibility for the administration and enforcement within the city of the unified hazardous waste and hazardous materials management regulatory program ("unified program") established by Chapter 6.11 of the California Health and Safety Code (section 25404, et seq.), (hereinafter referred to as the "Act") to consolidate the administration and enforcement of the six following hazardous materials management programs and ensure the coordination and consistency of any regulations adopted pursuant to such program requirements:

Hazardous waste generator requirements (Chapter 6.5 of Health and Safety Code, Section 25100; et seq.);

Aboveground storage tanks (spill prevention control and countermeasure plan only) (Health and Safety Code Section 25270.5(c));

Underground storage tanks (Chapter 6.7 of Health and Safety Code, Section 25280; et seq.);

Hazardous materials release response plans and inventories (commonly referred to as hazardous materials business plans ("HMBP")) (Chapter 6.95 of Health and Safety Code, Section 25501 et seq.);

Requirements concerning acutely hazardous materials; (commonly referred to as accidental release prevention program ("CalARP")) (Chapter 6.95 of Health and Safety Code, Section 25531, et seq.); and

State Uniform Fire Code requirements concerning, hazardous material management plans and inventories (Section 80.103 of the Uniform Fire Code as adopted by the State Fire Marshal pursuant to Health and Safety Code, Section 13143.9.).

B.

Pursuant to the Act, the city has exclusive, local jurisdiction within its boundaries to administer and enforce the requirements of the unified program. Notwithstanding any provision of this Chapter to the contrary, the Alameda County District Attorney shall continue to be responsible for any civil and criminal prosecution of violations of the requirements of the unified program, unless otherwise agreed to by the city and the county of Alameda in writing.

C.

The city's assumption of responsibility for the implementation of the unified program is in accordance with the Act and pursuant to that certain agreement dated January 28, 1997, between the city and the county of Alameda, entitled "Coordinating Agencies Agreement."

(Ord. 12057 § 1 (part), 1998)

The City Council finds and declares:

A.

Hazardous materials and hazardous waste in the community may be hazardous to the environment and the health of individuals who visit, reside or work in the city if they are exposed to such substances as a result of fire, spills, industrial accidents, releases, emissions or other incidents.

B.

Businesses that safely handle, use, store and dispose of hazardous materials and waste benefit the community by protecting the environment and the health and welfare of residents, workers and visitors. It is

the intent of the City Council that the administration and enforcement of the unified program requirements will facilitate safe business practices with respect to hazardous materials and waste.

C.

It is the intent of the City Council that the administration and enforcement of the unified program will reduce the likelihood of fires, spills, emissions, releases and other incidents that could detrimentally affect the lives of residents, visitors and workers and the environment by establishing an inspection procedure, disclosure requirements, and permitting procedures for businesses that handle, store, use, and dispose of hazardous materials and waste in the city.

D.

It, further is the intent of the City Council that information will be provided to residents, workers and visitors regarding the appropriate handling, use, storage and disposal of hazardous materials and waste.

E.

The City Council acknowledges the community's right and need to know basic information about the handling, use, storage and disposal of hazardous materials and waste in the city. Therefore, this Chapter identifies the persons in the city who will provide public information pertaining to businesses that are covered by the unified program.

(Ord. 12057 § 1 (part), 1998)

The city adopts and incorporates by reference as if fully set forth herein, the provisions of the Act, (California Health and Safety Code, Section 25404, et seq.) as it may be amended from time to time, which established the unified program and pursuant to which the city was approved as the certified unified program agency ("CUPA") to administer and enforce the unified program for the city. The city further adopts and incorporates by reference as if fully set forth herein the regulations promulgated under the Act, as they may be amended from time to time.

(Ord. 12057 § 1 (part), 1998)

consolidated by under the unified program.

A.

The following provisions of the California Health and Safety Code and applicable regulations, as they may be amended from time to time, which establish the requirements of the six hazardous waste and materials management programs that are consolidated by the unified program hereby are incorporated by reference as if fully set forth herein:

Chapter 6.5 of the Health and Safety Code, Section 25100, et seq.—hazardous waste generator requirements;

Health and Safety Code Section 25280.5(c)—aboveground storage tanks (spill prevention control and countermeasure plan only);

Chapter 6.7 of the Health and Safety Code, Section 25280, et seq.—underground storage tanks;

Chapter 6.95 of the Health and Safety Code, Section 25501, et seq.—hazardous materials release response plans and inventories (commonly referred to as hazardous materials business plans ("HMBP"));

Chapter 6.95 of the Health and Safety Code, Section 25531, et seq.—requirements concerning acutely hazardous materials; (commonly referred to as the accidental release prevention program ("CalARP")); and

Section 80.103 of the Uniform Fire Code as adopted by the State Fire Marshal pursuant to Health and Safety Code, Section 13143.9 state Uniform Fire Code requirements concerning, hazardous material management plans and inventories.

B.

This chapter shall be implemented and enforced in compliance with the Act, the provisions set forth in subsection A of this section, any other applicable laws and regulations, as they may be amended from time to time, and the following:

Uniform Fire and Building Codes of the city pertaining to hazardous materials and waste management, as they may be adopted and amended from time to time;

In accordance with Health and Safety Code Section 25500, which authorizes local agencies to adopt more stringent regulations than those established under state law with respect to businesses handling hazardous materials, this Chapter contains local requirements that are stricter than the state requirements (see Section 8.42.090(B).);

This chapter shall be implemented and enforced in accordance with any other requirements which are applicable to the unified program, but are not specifically incorporated by reference in this Chapter, any

new federal, state or local laws and/or regulations that may be enacted from time to time and any amendments to any such requirements.

(Ord. 12057 § 1 (part), 1998)

A.

The city's Fire Services Agency, Office of Emergency Services ("OES") is designated as the administering agency responsible for the administration and enforcement of the unified program and this Chapter. The City Manager delegates to the Director of Fire Services of the Fire Services Agency the authority to take any and all actions that may be necessary for the Fire Services Agency, OES to administer and enforce the unified program requirements and this Chapter. All city employees designated by the Fire Chief are authorized to make inspections and take any actions on behalf of the Fire Chief as may be required to administer and enforce the requirements of the unified program and this Chapter.

B.

The OES Emergency Services manager or his/her designee shall be the administrator ("Administrator") of the unified program and this Chapter.

C.

The Fire Services Agency, OES may, for purposes consistent with this Chapter, undertake actions, including but not limited to public educational programs regarding hazardous materials and waste, the requirements of this Chapter, and promotion of pollution prevention, and recycling of waste products.

(Ord. 12057 § 1 (part), 1998)

The definitions of terms included in the applicable laws (see sections 8.42.030 and 8.42.040) shall apply to this Chapter. Definitions of certain terms that are used herein, are set forth in this section for easy reference. However, the following definitions are not intended, nor shall they be construed to change the definition of any term defined in the Act or the other provisions of law that apply to the unified program. In the event of conflict between the definitions in this Chapter and applicable state and/or federal law, the definition in the state or federal law, as the case may be shall govern.

"Administrator" means the unified program administrator, who shall be the OES, Emergency Services Manager or his/her designee.

"Closure" of a storage unit or facility that has received a permit under the unified program to handle hazardous materials or waste means the termination of handling of such hazardous materials and/or waste, and shall include the preparation and implementation of a closure plan that will meet the following objectives:

Eliminate the need for further monitoring of the closed unit or facility;

Ensure that there is no residual threat to public health or safety or the environment from possible release of hazardous materials and/or waste from the unit or facility; and

Ensure that the removal, disposal and neutralization or reuse of the hazardous materials and/or waste handled by or released from the unit or facility, are accomplished in an appropriate manner.

"Handle" means to use, generate, process, package, treat, store, emit, discharge or dispose of a hazardous material in any manner.

"Handler" means a business that handles hazardous materials and/or generates wastes, and is subject to the provisions of the unified program and this Chapter.

"Hazardous material or waste" means any of the following:

Any material classified as a hazardous material or hazardous substance by any of the provisions of law and applicable regulations incorporated by reference in this Chapter pursuant to Sections 8.42.030 and 8.42.040, hereof;

Any waste classified as a hazardous waste by any of the provisions incorporated by reference in this Chapter pursuant to Section 8.42.030 and 8.42.040, hereof;

Any material defined by the U.S. Environmental Protection Agency as an ozone depleter in Title 40 of the Code of Federal Regulations, part 82; or

Any other material or waste designated as hazardous for purposes of this Chapter by the Administrator, upon a finding by the Administrator that the material or waste meets the requirements of Health and Safety Code Sections 25501 and 25501.4.

(Ord. 12057 § 1 (part), 1998)

A.

Any business or facility in the city that handles a hazardous material or waste, must submit its initial disclosure form at the time it begins operations, or at the time it first begins to handle or generate a hazardous material or waste that must be disclosed. In accordance with the requirements of this Chapter,

including but not limited to Health and Safety Code Sections 25531 through 25543.2, a risk management plan must be completed and submitted to the Administrator prior to the issuance of the certificate of occupancy for acutely hazardous materials that exceed the applicable threshold planning quantity. The form and content of the disclosure shall conform to the requirements of Section 8.42.080 of this Chapter.

B.

In addition to the requirement set forth in subsection A of this section, each handler/generator shall submit a completed disclosure form annually, or when required to do so under the terms of subsection C of this section. The Administrator shall have the authority to amend or change the applicable form from time to time as he or she deems appropriate in his or her sole discretion to accomplish the purposes of the unified program and this Chapter. Handlers shall complete the form that is in effect at the time they are required to submit such form. It shall be the responsibility of the handler to obtain from the Administrator the applicable form.

C.

A handler shall file a revised disclosure form within fifteen (15) days after any of the following:

Introduction of a new hazardous material or waste, or an increase of fifty percent (50%) or more of the total quantity of a hazardous material or waste previously disclosed, unless the material or waste is subject to any of the exemptions set forth in Section 8.42.090;

Change of business address;

Change of business ownership; or

Change of business name.

(Ord. 12057 § 1 (part), 1998)

A.

A hazardous materials/waste disclosure form shall be developed by the Administrator. The standard disclosure form shall include, but not be limited to, the following:

All information required to be submitted under the authority of California Health and Safety Code Sections 25503, 25503.5, 25504 and 25509;

Sufficient and timely information on how and where the hazardous materials and wastes disclosed, subject to subsection (A)(1) of this section, are handled in order to permit fire and safety personnel to prepare adequate emergency responses to potential releases of the hazardous materials and wastes;

Assurance that any disposal of hazardous materials and wastes will be accomplished in compliance with the requirements of this Chapter and the unified program; and

Sufficient and timely information about any releases of hazardous materials or wastes into the air, water, sewers or land to permit the Administrator and the public to understand the sources and content of the releases.

B.

The Administrator may develop a short form, hazardous materials disclosure form for use by one or more handlers of similar types of materials, instead of the standard form. Any short form shall include, but not be limited to, the following:

A facility description;

An inventory of the hazardous materials and wastes handled;

Information describing how the hazardous materials and wastes will be handled in a suitable manner in accordance with the requirements of the unified program and will be appropriately contained, segregated and monitored;

Description of emergency equipment to be maintained;

A map and drawing showing the location of all hazardous material and waste handling, and indicating the hazardous class or classes and physical state, and the location of any equipment or safety features designed to prevent, contain, or respond to releases of hazardous materials and/or wastes; and

Assurance that any disposal of hazardous materials and wastes will be in an appropriate manner in accordance with the requirements of the unified program and this Chapter.

C.

The Administrator may charge a site plan review fee or fees for reviewing and processing a disclosure form in accordance with Section 8.42.100 of this Chapter.

D.

A handler shall supply to the Administrator upon request additional information determined by the Administrator to be necessary to protect health and safety and/or the environment.

(Ord. 12057 § 1 (part), 1998)

A.

Hazardous substances contained solely in consumer products packaged for distribution to, and used by, the general public shall be exempt from disclosure under this Chapter, unless the Administrator provides notice that the handling of certain quantities of specified consumer products requires disclosure under this Chapter in response to public health concerns.

B.

In accordance with Health and Safety Code Section 25503.5(a), any business handling less than five hundred (500) pounds of all solid hazardous materials or wastes, or less than thirty (30) gallons of all liquid hazardous materials or wastes, or less than two hundred (200) cubic feet at standard temperature and pressure of all gaseous hazardous materials or wastes, at all times during a year, shall be exempt from the requirement to disclose that handling, unless:

The material or waste is a hazardous material, as defined in Section 25532 of the Health and Safety Code; or

The material or waste is a radioactive material, as defined in Section 25501(o)(2) of the Health and Safety Code; or

The material or waste is, or contains, a chemical known to the state of California to cause cancer or reproductive toxicity, as listed in 22 CCR Section 13000.

C.

Handlers shall disclose the total quantity of hazardous materials or wastes in each hazard class. Unless required by the Administrator under the authority of subsection B of this section, or subsection D of Section 8.42.080, the disclosure shall identify, by container, only those containers with a capacity of at least one

hundred (100) pounds of a solid, twenty (20) gallons of a liquid, or fifty (50) cubic feet of a compressed gas measured at standard temperature and pressure.

(Ord. 12057 § 1 (part), 1998)

The Administrator or his or her designee shall review each disclosure form and shall either (1) accept the disclosure form if it conforms to the requirements of this Chapter and the unified program, and provides complete and adequate information necessary for the protection of safety and health, and the environment; or (2) return the form to the handler describing additional information that must be included in the form before it will be accepted.

(Ord. 12057 § 1 (part), 1998)

A.

This section shall apply to the following entities that are located within one thousand (1,000) feet of a residence, school, hospital, or other sensitive receptor:

A handler; or

An applicant for a business tax license for a change of ownership of an industrial facility (hereinafter referred to as "applicant").

B.

This section shall not supercede any other disclosure requirements set forth in this Chapter.

C.

Each applicant described in subsection (A)(2) of this section, shall, within ten (10) days of its application, make written disclosure of whether it will handle, store, or produce any substance presenting a threat to public health listed pursuant to Section 44321 of the California Health and Safety Code ("hazardous substance"). For purposes of this section "release" shall be defined as in Section 44303 of the Health and Safety Code.

D.

At the discretion of the Administrator, each handler described in subsection (A)(1) of this section or each applicant described in subsection (A)(2) of this section shall prepare a hazardous materials assessment report and remediation plan (HMARRP). The HMARRP shall be prepared by a qualified and properly licensed engineer, specialist, laboratory or fire safety specialty consultant as directed by the Administrator.

E.

The HMARRP shall, at a minimum, set forth (a) identification of hazardous substances handled and stored on a property and suitability of the site; (b) analysis of off-site consequences caused by a release (including on-site fire) of hazardous substances; and (c) remedial measures to reduce or eliminate on-site and off-site hazards; and (d) a health risk assessment (HRA) performed in accordance with the guidelines established by the Office of Health Hazard Assessment pursuant to Health and Safety Code Section 44360(b)(2). Identification of trade secret information shall be identified as set forth in Section 8.42.120 of this code.

F.

Upon submission of the HMARRP, the Administrator shall review the HMARRP to determine if all the elements required are included and complete. The Administrator shall provide preliminary written notice of deficiencies, if any. The handler or applicant shall have sixty (60) calendar days from receipt of the notice of deficiencies to make any corrections. The handler or applicant may request, in writing, a one-time thirty (30) calendar day extension to correct administrative or technical deficiencies. By the end of the sixty (60) calendar days or any extension period, the revised HMARRP shall be resubmitted to the Administrator. After the Administrator makes a preliminary determination that the HMARRP is complete, the Administrator shall schedule a public meeting on the handler's or applicant's HMARRP to explain its contents to the public and take public comments. The Administrator shall make portions of the HMARRP, which are not protected trade secret information, available to the public for the public meeting.

G.

After receiving the written response from the handler or applicant, the Administrator shall issue a public notice per the city's public participation policy and make portions of the HMARRP, the preliminary determination and the handler's or applicant's responses, which are not protected trade secret information, available for public review. For the purpose of consideration in approving the final plan, public comments on the HMARRP shall be taken by the Administrator for a period of forty-five (45) days after preliminary approval of the HMARRP. The preliminary determination and handler's or applicant's responses shall be made available to the public. The Administrator shall schedule a public meeting on the applicant's HMARRP during the forty-five (45) day comment period. The public meetings shall be held in the affected community on evenings or weekends.

H.

The Administrator can direct any or all responsible parties to implement the recommendations set forth in the hazardous materials assessment report and remediation plan.

(Ord. 12323 § 1, 2001)

A.

It shall be unlawful for any person to abandon, remove, or close a unit or facility, or other area regulated by this Chapter until a closure plan has been submitted to the Administrator and determined by the Administrator to be complete and satisfactory. The Administrator may charge a fee or fees for reviewing

and processing the closure plan, and for overseeing closure, in accordance with the provisions of this Chapter.

B.

Closure shall be accomplished by complying with the following requirements:

A closure plan shall be submitted by a responsible person (handler and/or owner) to the Administrator at least thirty (30) days prior to the date scheduled for closure of the storage unit or facility. The closure plan shall demonstrate to the satisfaction of the Administrator that regulated hazardous materials and wastes, that are or have been handled or released in the storage unit or facility, will be transported, disposed of or reused in a manner that protects public health and safety and the environment; that any residual contamination and/or material will be removed before closure is complete; and that closure process will be accomplished in compliance with the unified program requirements.

The Administrator shall notify the applicant that the closure plan is complete and has been accepted, or shall notify the applicant of any deficiencies in the closure plan that must be corrected prior to closure.

Each unit or facility scheduled for closure shall be subject to inspection before and after closure by the Administrator or his/her designee, to confirm that closure will be undertaken or was undertaken, as the case may be, in conformity with the closure plan accepted by the Administrator, and that any contamination has been removed.

If contamination at the facility cannot be removed prior to closure, then the closure plan shall include a specific plan detailing the plan to assess, monitor and remove any contamination, and a binding commitment by the handler to clean up such contamination in accordance with the accepted closure plan and the time lines determined by the Administrator. The Administrator may accept a plan under this subdivision only upon a finding that the plan provides adequate protection of public health and safety and the environment and is in compliance with the requirements of the unified program and this Chapter.

C.

The handler, its employees, and authorized representative, upon discovery, shall immediately report any release or threatened release of a hazardous material or waste by calling "911." Releases required to be reported under this subsection shall include, but shall not be limited to, all releases that the handler is required to report to any agency under any law governing the handling of hazardous materials or wastes. The requirement of this subsection is in addition to any other requirements to report releases; and compliance with this subsection does not constitute compliance with any other such requirements.

D.

The handler and any person responsible for handling a hazardous material or waste subject to this Chapter shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether such release is sudden or gradual. This subsection shall not affect any rights of the responsible party or third parties to recover appropriate costs and expenditures from any party.

E.

All or any part of any real property, or any building or structure located thereon, at which contamination from hazardous materials or wastes is found, which contamination is not being managed in compliance with the provisions of this section, is declared a public nuisance and may be abated by rehabilitation, removal, demolition, or repair under procedures and standards provided in this Chapter (including provisions incorporated by reference in Sections 8.42.030 and 8.42.040.) Whenever the city determines that property in the city constitutes a nuisance as provided in this section and that abatement of such nuisance is required, the city shall provide written notice to abate to the owner and any handler who holds a permit under this Chapter to handle hazardous materials or wastes at the site.

The notice shall state the property, street address of the subject property, and shall be served on the owner and the handler that holds a permit issued under this Chapter either personally or by first class mail, postage prepaid.

The notice shall advise the owner and the handler of the deadline to take corrective action to remedy the nuisance.

The notice shall specify the corrective action required. When the exact nature and extent of contamination cannot be determined based on information available at the time the notice is served, the notice may require the owner and the handler to undertake measures to identify and characterize the contamination by performing an analysis of samples of such contamination, and present the results of such analysis to the Administrator with a plan for corrective action.

(Ord. 12057 § 1 (part), 1998)

A.

Subject to the subparts of this section regarding trade secrets, all disclosure forms and permits are public records and will be publicly available during normal business hours in the office of the Fire Service Agency, OES, Hazardous Materials Management Program in accordance with the requirements of the California Public Records Act (Government Code Section 6250 et seq.) and the city of Oakland Sunshine Ordinance (Ordinance No. 11957 C.M.S.)

B.

If a handler believes that information required to be disclosed on the disclosure form, a permit application, or under the terms of this Chapter involves the release of a trade secret, the handler shall notify the Administrator in writing of the information that the handler believes involves the release of a trade secret. As used in this Chapter, trade secret shall have the meaning given by Health and Safety Code Sections 25290 (for underground storage tank systems) and 25511 (hazardous materials release response plans and inventories), and of Section 6254.7 of the Government Code (Public Records Act), and Section 1060 of the Evidence Code when applicable.

C.

Upon receipt of a request for the release of information to the public which includes information identified by the handler to the Administrator as a trade secret under subsection B of this section, the Administrator shall notify the handler in writing of the request by certified mail, return receipt requested. The Administrator shall release the information forty-five (45) days after the mailing of such notice, unless prior to the expiration of such forty-five (45) days, the handler institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection under subsection B of this section and/or obtains an injunction prohibiting disclosure. The handler and the member(s) of the public requesting disclosure shall be considered the real parties in interest in any such action, and the city of Oakland, if named, will be the disinterested party.

D.

Any information reported to or otherwise obtained by the Administrator that is exempt from disclosure, shall not be disclosed to anyone except as may be required or permitted by applicable law.

E.

Any person who receives information protected from disclosure by this section because they qualify under subsections D(1) and (2) of this section, who, knowing that disclosure of this information is prohibited, knowingly and wilfully, discloses such information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor.

F.

Information certified by appropriate officials of the United States Government as exempt from disclosure for national security purposes shall be accorded the full protection against disclosure as specified by such officials in accordance with the laws of the United States.

G.

The provisions of this section shall not permit a handler of hazardous materials to refuse to disclose to the Administrator information required by this Chapter.

(Ord. 12057 § 1 (part), 1998)

The City Council shall establish, from time to time, a schedule of fees for each class of permits issued under this Chapter, for additional late fees, and for additional services provided by the city to administer

and enforce this Chapter. The fees established by the City Council shall be sufficient to allow the city to recover its costs of administering this Chapter. Such fees shall take effect upon adoption by the City Council.

(Ord. 12057 § 1 (part), 1998)

A.

In order to carry out the purposes of this Chapter, the Administrator or designee has the authority to inspect any place/site where hazardous materials or wastes are handled, or any place/site where the Administrator has reason to believe that an unauthorized release of a hazardous material has occurred, is occurring, or may occur. This authority extends to any property within two thousand (2,000) feet of property on which hazardous materials or wastes are handled. The authority conferred by this section includes the authority to conduct any monitoring or testing of any aboveground or underground storage tank system. This right of entry shall be exercised only at reasonable hours unless otherwise required by an emergency, and entry shall be made to any establishment or property only with the consent of the owner or tenant thereof, or with property inspection warrant or other remedy provided by law to secure entry.

B.

All inspections under this Chapter shall be at the discretion of the Fire Services Agency, OES and nothing in this Chapter shall be construed to require that the OES conduct any inspection, nor shall any inspection by OES create a duty to conduct any other inspection. Furthermore, nothing in this Chapter shall be construed to hold the OES or any officer, employee or representative of the OES or the Fire Services Agency responsible for any damage to persons or property by reason of making an inadequate or negligent inspection, or by reason of any failure to make an inspection or reinspection, or take any enforcement or remedial action.

(Ord. 12057 § 1 (part), 1998)

A.

Any party that violates any provision of this Chapter shall be liable for civil and criminal penalties, as appropriate, to the full extent provided by state law, and this Chapter. Such liability may include, but shall not be limited to, liability for administrative civil penalties as provided in Health and Safety Code Section 25514.5. The remedies provided for under this section are in addition to any the city or any person might have under other applicable laws.

B.

Any person who violates or causes the violation of this Chapter shall be guilty of a misdemeanor and shall be subject to the penalties provided therefor in Title 1, Section 1.28.020(A) of this code; in addition to any other remedies provided for in this Chapter or under other applicable law. Failure to pay by the date due any fee or fine levied under this Chapter shall be a violation of this Chapter.

C.

The Administrator may cooperate with the Office of the City Attorney and/or the Alameda County District Attorney's Office of Environmental Affairs in bringing judicial and/or administrative action to enforce any provision of this Chapter. Such judicial and/or administrative actions may seek the penalties and relief to the full extent provided under law, including but not limited to the reasonable cost of the city of Oakland and/or the District Attorney's Office in prosecuting the enforcement action to the extent authorized by applicable law.

(Ord. 12057 § 1 (part), 1998)

A.

To the extent that the requirements of applicable law are amended from time to time, the Administrator shall have the power to enforce same.

B.

The disclosure of hazardous materials information in accordance with the provisions of this Chapter shall not in any way affect any other liability or responsibility of a handler with regard to safeguarding the health and safety of any employee, or any other person or the environment.

(Ord. 12057 § 1 (part), 1998)