Division 1 — UNIFIED PROGRAM GENERAL PROVISIONS

SEC. 11-300. PURPOSE.

The purpose of this article is to implement the unified hazardous waste and hazardous materials management regulatory program and to provide for fees to defray the costs to the city of administering and implementing such program in its capacity as a certified unified program agency ("CUPA").

(Ord. No. 2775)

SEC. 11-301. DEFINITIONS.

The definitions contained in Cal. Health and Safety Code Division 20, Chapters 6.11, 6.67, 6.7. and 6.95, and the definitions contained in Cal. Health and Safety Code Division 20, Chapter 6.5, Article 2 shall apply to this article.

(Ord. No. 2775)

SEC. 11-302. IMPLEMENTATION OF THE UNIFIED PROGRAM.

(A) The CUPA shall implement the unified program within the CUPA jurisdiction. Except as so provided, the CUPA shall implement the Hazardous Materials Business Plan, the California Accidental Release Prevention Program, the Underground Storage Tank Program, the Aboveground Petroleum Storage Act Requirements for Spill Prevention, Control and Countermeasure Plans, and the Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs. The CUPA and the unified program manager may coordinate unified program activities with all state and local agencies and officials.

(B) Any annual fee, permit fee, renewal fee, late fee, processing fee or any other fee, surcharge or penalty required to be paid by this article shall be established and authorized in a schedule of fees adopted by resolution of the City Council.

(Ord. No. 2775)

SEC. 11-303. UNIFIED PROGRAM FACILITY PERMIT REQUIRED.

A unified program element, as set forth in section 11-302, shall not be operated without a valid Unified Program Facility Permit ("UPFP") issued by the CUPA.

(Ord. No. 2775)

SEC. 11-304. SCOPE OF UNIFIED PROGRAM FACILITY PERMIT.

(A) The UPFP shall identify the specific activity licensed, the specific location or locations in the CUPA jurisdiction where such activity may be conducted or operated, and the person or persons to whom the UPFP is issued.

(B) The UPFP shall be valid only for the identified activities conducted or operated at the identified locations in the CUPA jurisdiction and only by the person or persons identified in the UPFP.

(Ord. No. 2775)

SEC. 11-305. UNIFIED PROGRAM FACILITY PERMIT FEES.

The owner or operator of a facility which is required to have a UPFP shall, at the time of application or renewal, pay an annual fee for such permit.

(Ord. No. 2775)

SEC. 11-306. TERMS OF UNIFIED PROGRAM FACILITY PERMIT.

A UPFP is valid on July 1 and expires on June 30 of the following year. A UPFP shall be renewed annually on or before August 1 of the year in which the permit expires. A permittee's failure to pay the annual fee shall automatically revoke the permit to operate.

(Ord. No. 2775)

SEC. 11-307. LATE PAYMENT SURCHARGES.

(A) If a permittee fails to pay the fee within 30 calendar days after the due date, the city shall add a late payment surcharge to the base fee.

(B) If the city issues a delinquent notice, the city shall assess a late fee charge for each month the delinquency amount is not paid.

(C) The imposition or payment of the fees imposed by this section shall not prevent the imposition of any other fees prescribed by this Code.

(Ord. No. 2775)

SEC. 11-308. ONE-TIME PROCESSING FEE.

The city shall collect a processing fee to reimburse the CUPA for the costs of administrating and implementing the unified hazardous waste and hazardous materials management regulatory program. The permittee shall pay the fee with the submittal of the first business plan for the permitted facility.

(Ord. No. 2775)

SEC. 11-309. DENIAL, SUSPENSION, OR REVOCATION OF UNIFIED PROGRAM FACILITY PERMIT OR PERMIT ELEMENT.

(A) The CUPA coordinator or his or her designee may deny, suspend, or revoke a UPFP or a permit element if a complaint or investigation, reveals that a permittee, a permittee's employee, or any person acting with the permittee's consent or under the permittee's authority, has or may have violated any provision of this article or any requirement established by law.

(B) Suspension or revocation of a permit shall not affect the CUPA's authority to institute or continue a disciplinary proceeding against a permittee upon any ground or otherwise take an action against a permittee on these grounds.

(Ord. No. 2775)