Chapter 17.21 — CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)

A. The purpose of this chapter is to implement within the Petaluma Fire Department all hazardous materials and

hazardous waste programs covered under Health and Safety Code Section 25404, et seq., "UniZed Hazardous

Waste and Hazardous Material Management Regulatory Program." These programs include those programs

described in subsection C.

B. The Petaluma Fire Department enforces the Hazardous Materials Management Plan requirements of the

Uniform Fire Code, and Health and Safety Code programs for Hazardous Materials Business Plan and the Risk

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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Management and Prevention Plan. New programs in the Health and Safety Code to be undertaken by the Zre

department include Hazardous Waste Generator, On-Site Treatment of Hazardous Waste (authorized lower three

tiers of the Tiered Permitting program), Underground Storage Tank, and Aboveground Storage Tank—Spill

Prevention, Control and Countermeasure Plan. The purpose of this chapter is to bring all hazardous material and

hazardous waste regulatory authority and compliance requirements within one ordinance.

C. It is the intent of the council that the Petaluma Fire Department as the CertiZed UniZed Program Agency

(CUPA) shall regulate and enforce all applicable provisions of law, including:

1. Hazardous Waste Control—Health and Safety Code Section 25100, et seq. and California Code of

Regulations, Title 22, Division 4.5.

2. Underground Storage of Hazardous Substances—Health and Safety Code Section 25280, et seq. and

California Code of Regulations, Title 23, Division 3.

3. Aboveground Storage of Petroleum—Health and Safety Code Section 25270, et seq.

4. Hazardous Materials Release Response Plans and Inventory—Health and Safety Code Section 25500, et

seq. and California Code of Regulations, Title 19.

5. Hazardous Materials Management Plan—Health and Safety Code Section 18935, et seq. and California

Code of Regulations Section 80.103.

6. All other provisions of law enforceable by CUPA, including any amendments to the statutes and

regulations listed in subsections (C)(1) through (C)(5) of this section.

7. Uniform Fire Code Article 80 as adopted in the Petaluma Municipal Code.

D. It is the intent of the CUPA to utilize all resources available to gain compliance which may include, but is not

limited to, civil, criminal and administrative actions and penalties.

E. It is the intent of this chapter to be no less stringent than state law.

(Ord. 2062 NCS §1, 1997.)

In addition to the deZnitions incorporated by reference from the laws and regulations listed in Section

17.21.010(C), the following deZnitions shall apply to all CUPA program elements under this chapter:

A. "Business" means the entities listed in Health and Safety Code Sections 25501(d) and 25501.4(a), including

cities and special districts. All buildings, appurtenant structures, and surrounding land used by a business are part

of the business.

B. "CertiZed UniZed Program Agency" or "CUPA" means the Petaluma Fire Department.

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C. "Environment" means navigable waters, waters of zones contiguous to any navigable waters, streams, creeks,

rivers, ponds, pools, lakes, surface waters, ground waters, drinking water supplies, land surface, land subsurface

strata, and ambient air.

D. "Hazardous material" or "hazardous waste" means any of the following:

1. Any material classiZed as a hazardous material or hazardous substance by any of the laws or regulations

listed in Section 17.21.010(C).

2. Any waste classiZed as a hazardous waste by any of the laws or regulations listed in Section 17.21.010(C).

3. Any material or waste designated as hazardous for the purposes of this chapter by the Zre chief, upon a

Znding that the material or waste, because of its quantity, concentration or physical or chemical

characteristics, poses a signiZcant present or potential hazard to human health and safety or to the

environment, if released,

E. "Permitted" means that a business has completed and submitted the necessary permit forms and

documentation, paid appropriate fees and is in reasonable compliance with conditions of applicable program

elements.

F. "Person" means a natural person, any partnership, Zrm, trust, business, company, limited liability company,

corporation, any association, whether or not incorporated and whether or not formed for proZt, and

governmental entities. "Person" includes, but is not limited to, the city of Petaluma and any other city, any special

district, any state and any department agency, instrumentality, or political subdivision of the state,

intergovernmental bodies and agencies, and the United States and its agencies and instrumentalities, to the

extent permitted by law.

G. Uniform Fire Code (UFC). Reference to the currently adopted UFC in Petaluma Municipal Code Section

17.20.010.

H. "Year" means Zscal year beginning July 1 and ending June 30.

(Ord. 2062 NCS §1, 1997.)

The CUPA shall administer and enforce hazardous materials and hazardous waste laws and regulations pursuant

to Section 17.21.010(C). (Ord. 2062 NCS §1, 1997.)

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Any person intending to do or perform any of the following activities shall Zrst apply for, pay appropriate fees to

and obtain a permit from the CUPA, unless otherwise exempted by a provision of law or regulation listed in

Section 17.21.010(C) or by Section 17.21.060(D):

A. Permits are required to store, dispense, use or handle hazardous material in excess of quantities speciZed in

UFC Section 105.8, Tables 105A, 105B, 105C.

B. A permit is required when a material is classiZed as having more than one hazard category, whether waste or

non-waste, if the quantity limits are exceeded in any category.

C. Permits are required to install, repair, abandon, remove, place temporarily out of service, close or

substantially modify a storage facility or other area regulated by Article 80. See also UFC Section 8001.11.

Exceptions:

1. Routine maintenance.

2. For work performed on an emergency basis, application for permit shall be made within two working

days of commencement of work.

D. Permittee shall apply for approval to close storage, use or handling facilities at least thirty days prior to the

termination of the storage, use or handling of hazardous materials. Such application shall include any change or

alteration of the facility closure plan Zled pursuant to UFC Section 8001.11 and Petaluma Municipal Code Section

This thirty-day period may be waived by the chief if there are special circumstances requiring such

waiver.

E. Store, handle or use hazardous materials, or generate hazardous wastes, or operate underground tanks for

storage of hazardous substances, either separately or in combination.

F. Treat hazardous waste on-site under either the permit-by-rule tier, conditional authorized tier, or conditional

exempt tier, unless such tiered permitting authority is under the jurisdiction of the California Department of Toxic

Substances Control.

G. Construct, install, repair, modify, upgrade, temporarily close, remove or abandon in place any underground

storage tank system or install, operate, repair or modify pipelines, equipment or facilities where [ammable or

combustible liquids are produced, processed, dispensed, stored, handled or used. Applicant, for the installation of

a tank, shall complete and submit the full permit application consisting of a business plan; inventory statement;

site plan; [oor plan; State Forms A and B; local permit and state surcharge fees.

H. Store, handle, transport, dispense, mix, blend or use [ammable or combustible liquids in excess of quantities

speciZed in UFC Section 105.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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I. Install, construct, alter or operate tank vehicles, equipment, tanks, plants, terminals, wells, reZneries and

similar facilities where [ammable and combustible liquids are produced, processed, transported, stored,

dispensed or used.

J. Change the type of contents stored in a [ammable or combustible liquid tank to a material other than that

for which the tank was designed and constructed.

K. Any other activity, use, storage, or operation as may be deemed appropriate by the Zre chief may be included

as part of the consolidated CUPA permit issued to a person or business.

For any of the activities identiZed in subsections F or G, installation plans, work plans and site safety and health

plans may be required by the CUPA to be submitted for approval as part of the application for permit, as required.

A permit issued for the activities identiZed in subsections C, D or G shall be valid for six months from the date of

issuance. For any permit issued pursuant to other subsections, the date of expiration shall be determined by the

CUPA at the time the permit is issued.

(Ord. 2062 NCS §1, 1997.)

A. Application for a new, amended or renewed permit or an additional approval shall be made to the CUPA on a

form provided by the CUPA.

B. A permit shall not be approved until the CUPA is satisZed that the person or business adequately conforms to

the provisions of this chapter and other applicable laws and regulations.

C. The CUPA shall issue a permit to store, handle or use hazardous materials or hazardous wastes or treat

hazardous waste on-site, or operate an underground storage tank system when the following have been met:

1. The permit application form as well as the Hazardous Materials Business Plan has been completed and

submitted by the applicant, reviewed by the CUPA and found to be satisfactory;

2. For underground storage tanks at a place of business, forms provided by the CUPA must be completed

and submitted by the applicant and reviewed by the CUPA and found to be satisfactory;

3. If hazardous wastes generated on-site are being treated on-site and the business falls under the permit-

by-rule, conditional authorized tier or conditional exempt tier, DTSC form 1772, or other approved form, must

be completed and submitted by the applicant and reviewed by the CUPA and found to be satisfactory, unless

the tiered permitting authority is under the jurisdiction of the California Department of Toxic Substances

Control;

4. The applicable fees, including the state surcharge, as referenced in Section 17.21.180 of this chapter,

have been received by the CUPA;

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5. It appears that the applicable hazardous materials and hazardous waste requirements and the

requirements of this chapter will be met by the applicant.

D. A permit to store, handle or use a hazardous material or hazardous waste or to treat hazardous waste on-

site, or to operate an underground storage tank system is not transferable to another person, business or physical

location.

E. A permit issued pursuant to this chapter shall be posted or kept on Zle at the permitted place of business. A

copy of the approved Hazardous Materials Business Plan shall be maintained at the place of business.

(Ord. 2062 NCS §1, 1997.)

A. Except as provided in subsection B, no person shall own or operate a hazardous materials storage facility

unless a permit application for its operation has been submitted to the CUPA. Any person who is to assume the

ownership of a hazardous materials storage facility from the previous owner shall complete an approved form

accepting the obligations of the permit and submit the completed form to the CUPA within thirty days after

ownership is transferred. The CUPA may review and modify or terminate the transfer of the permit to operate the

premises, pursuant to the criteria speciZed in this chapter.

B. Any person assuming ownership of a hazardous materials storage facility for which a valid operating permit

has been issued shall have thirty days after the date of assumption of ownership to apply for an operating permit

pursuant to this chapter or, if accepting a transferred permit, shall submit to the CUPA the completed form

accepting the obligations of the transferred permit as speciZed in subsection A. During the period from the date of

application until the permit is issued or refused, the person shall not be held in violation of this section.

(Ord. 2062 NCS §1, 1997.)

No person shall permanently remove a hazardous materials storage premises from service without Zrst obtaining

a permit to cease operation from the Zre chief. The owner shall provide a completed application which shall

include, but may not be limited to, the age, type, location, substance(s) stored, and the condition of the substances

stored and the condition of the storage facilities, with the required fee. The method of ceasing operation shall be

in compliance with state law and regulations of this chapter. A Zeld inspection of the ceasing procedure is

required. Additional inspections may be required depending on the condition of the storage system, whether soil

or ground water contamination is suspected, and the method of destruction of any storage tanks. A ceasing

operation permit shall be valid for no longer than one year from the date of issue. Where appropriate, a permit

issued under Section 17.21.040 satisZes the requirements of this section. (Ord. 2062 NCS §1, 1997.)

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Whenever the CUPA Znds that the suspension of a permit prior to a hearing for regulatory action is necessary to

protect the health or safety from an immediate threat to public health or safety, the CUPA may immediately

suspend any permit. The CUPA shall immediately notify the permittee or designated twenty-four-hour contact

person of such suspension by any of the following methods: (1) written notice of suspension mail certiZed, return

receipt requested to the owner or operator of the facility and to the persons shown on the latest equalized county

tax roll to be the owners of the real property on which the facility is located; (2) personal delivery of written notice

of suspension served upon an owner or operator of the facility; (3) posting notice of suspension on the property

and thereafter mailing a copy of the notice by Zrst class mail, postage pre-paid to the persons shown on the latest

equalized county tax roll to be the owners of the real property. Service in this manner is deemed complete at the

time of mailing. (Ord. 2062 NCS §1, 1997.)

A Fire Department Hazardous Materials Closure Permit is required prior to permanent closure or removal of an

underground tank or change in an underground tank’s permitted use in accordance with the UFC Article 80,

Sections 17.20.8001.3 and 17.20.8001.11 and the following:

A. At least thirty days before beginning either permanent closure or a change-in-service under subsections B

and C of this section, or within another reasonable time period determined by the Zre department, owners and

operators must notify the Zre department of their intent to permanently close or to make the change-in-service,

unless such action is in response to corrective action. The required assessment of the excavation zone must be

performed after notifying the Zre department but before completion of the permanent closure or a change-in-

service.

B. To permanently close a tank, owners and operators must empty and clean it by removing all liquids and

accumulated sludges. All tanks taken out of service permanently must also be removed from the ground or, upon

special approval from the Zre department, Zlled with an inert solid material.

C. Continued use of an underground storage tank system to store a non-regulated substance is considered a

change-in-service. Before a change-in-service, owners and operators must empty and clean the tank by removing

all liquid and accumulated sludge and conduct a site assessment.

D. Before permanent closure or a change-in-service is completed, owners and operators must measure for the

presence of a release where contamination is most likely to be present at the underground storage tank site. In

selecting sample types, sample locations, and measurement methods, owners and operators must consider the

method of closure, the nature of the stored substance, the type of backZll, the depth to ground water, and other

factors appropriate for identifying the presence of a release.

E. If contaminated soils, contaminated ground water, or free product as a liquid or vapor is discovered under

subsection A of this section, or by any other manner, owners and operators must begin corrective action.

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F. Owners and operators must maintain records demonstrating compliance with closure requirements under

this regulation. The results of the excavation zone assessment must be maintained for at least three years after

completion of permanent closure of change-in-service in one of the following ways:

1. By the owners and operators who took the underground storage tank system out of service;

2. By the current owners and operators of the underground storage tank system site.

G. Where appropriate, a permit issued under Section 17.21.040 satisZes the requirements of this section.

(Ord. 2062 NCS §1, 1997.)

(business plan).

A. Any person or business who stores, handles or uses a hazardous material shall annually, or more frequently,

submit a completed Business Plan as directed by the CUPA. If at the time of annual submittal there have been no

changes in the types or quantities of hazardous materials stored, handled or used, the submittal may be in the

form of a certiZcation page to that e]ect.

B. An amendment to the Business Plan shall be Zled within thirty days of any of the following changes to the

Business Plan:

1. A change in the quantity of a previously reported hazardous material that exceeds an increase or

decrease of ten percent or more of a hazardous material;

2. The storage, handling or use of a previously undisclosed hazardous material;

3. Changes in any elements of the Business Plan required in Section 17.21.070 of this chapter;

4. Additional reporting requirements as speciZed in Section 17.21.080 of this chapter.

C. The amendment to the Business Plan required by subsection B shall contain only new information or

information about a speciZc change and shall not require the resubmittal of an entire Business Plan.

D. Any business engaged exclusively in the following types of operation shall be exempt from the permit

process. A disclosure form may be required for record-keeping purposes or baseline declaration of hazardous

materials storage as determined by the CUPA.

1. Hazardous materials contained solely in a consumer product for direct distribution to, and use by, the

general public is exempt from the Business Plan requirements unless the CUPA has found, and has provided

notice to the business handling the product, that the handling of certain quantities of the product requires

the submission of a Business Plan, or any portion thereof, in response to public health, safety, or

environmental concerns;

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2. Oxygen and nitrous oxide, ordinarily maintained by a physician, dentist, podiatrist, veterinarian, or

pharmacist, at his or her o\ce or place of business, stored at each o\ce or place of business in quantities of

not more than one thousand aggregate cubic feet at standard temperature and pressure of each hazardous

material;

3. Certain inert compressed gases stored in quantities of not more than six thousand cubic feet at standard

temperature and pressure: air, carbon dioxide, helium, neon, and nitrogen.

4. Compressed propane gas used solely for cooking, water heating and space heating in quantities of not

more than one hundred twenty-Zve gallons at standard temperature and pressure;

5. Flammable liquids stored in approved safety containers in aggregate quantities of >ve gallons or less.

Flammable liqueZed gases twenty-Zve gallons or less, aggregate.

6. Single Oxy/Acetylene welding tank assembly with no additional tanks permitted in storage or use.

E. When determined by the CUPA, wholesale and retail occupancies that store amounts of hazardous materials

in consumer packaging for direct sale to the general public may be exempt from completing some portions of a

Business Plan under the following conditions:

1. Packages are not opened, used, mixed, or otherwise disturbed,

2. The individual containers of non[ammable hazardous materials do not exceed Zve gallons or one

hundred pounds. UFC 8001.12.3.7.

3. The aggregate amounts of [ammable and combustible liquids do not exceed exempted amounts listed

in UFC Table 7902 B.

If a wholesale or retail occupancy qualiZes for this exemption then only Range 1 reporting and fees are required.

F. The CUPA Znds that exemptions set forth in subsection D are appropriate because the hazardous materials

and quantities exempted do not pose a present threat to human health or the environment, considering their

intended use and chemical properties.

(Ord. 2062 NCS §1, 1997.)

A. The Hazardous Materials Business Plan shall include all elements of the Petaluma Hazardous Materials

Inventory Statement or the California State Hazardous Material Inventory Form as speciZed in California Code of

Regulations, Title 19, Section 2620, et seq.

B. The Hazardous Materials Business Plan shall also include:

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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1. Material Safety Data Sheets (MSDS) for each hazardous material. However, MSDS to be submitted to the

CUPA will be speciZed by the CUPA after review of the Business Plan Inventory Statement;

2. Names, addresses and telephone numbers of three persons capable of assisting the CUPA during an

emergency, one of whom shall be designated as the primary emergency contact person;

3. A detailed site diagram drawn to scale on eight and one-half by eleven inch paper showing the general

land use within Zve hundred feet of all property lines and the location of wells, storm and sewer drains, open

bodies of water, drainage canals, and [ood plains;

4. Methods of protection of outside storage areas from the weather;

5. Total tonnage of hazardous waste generated per year and, if applicable, treated on-site, separated

according to waste stream;

6. Other information as may be required by the CUPA;

7. A certiZcation of the accuracy of submitted information.

C. The Hazardous Materials Business Plan shall be submitted on the forms designed by the CUPA and

completed by the person or business.

D. Requirements for certain information in the Business Plan may be waived by the CUPA when such

information is not reasonably necessary to meet the intent of this chapter.

(Ord. 2062 NCS §1, 1997.)

A. If required by law, or by the CUPA upon review of the Business Plan, a schedule and written inspection

procedures for inspecting each hazardous materials or hazardous waste storage facility and its related monitoring,

safety, and emergency equipment, security devices, operating and structural equipment for malfunctions and

deterioration, operator’s errors, poor housekeeping practices, and unauthorized discharges of hazardous

materials shall be submitted to the CUPA. These inspections must be scheduled and conducted by the person or

business at appropriate frequencies either required by law or approved by the CUPA and must be recorded in an

authorized check sheet or log to be maintained by the person or business on-site for three years from the date of

inspection.

B. Additional reporting may be required pursuant to Health and Safety Code Section 25531, et seq. regarding

acutely hazardous materials, or other provisions of state law.

C. Additional reporting may be required by the United States Environmental Protection Agency.

D. Any additional information required under this section shall be subject to the provisions of Section 17.21.050

of this chapter.

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(Ord. 2062 NCS §1, 1997.)

A business that handles acutely hazardous materials (as deZned in Health and Safety. Code Section 25532(a)) in

amounts speciZed in Section 25536(a) of the Health and Safety Code shall register with the CUPA using a form

provided by the CUPA. The completed Acutely Hazardous Materials Registration Form shall include, but not be

limited to, the information required by Health and Safety Code Section 25533. (Ord. 2062 NCS §1,, 1997.)

A. A person or business that the CUPA determines to represent a signiZcant likelihood of risk, pursuant to

Health and Safety Code Section 25534, shall prepare and submit to the CUPA a Risk Management and Prevention

Plan (RMPP). The RMPP shall be prepared as prescribed in the Health and Safety Code Section 25500, et seq., Title

40, Code of Federal Regulations, Part 68 and any guidance documents adopted by the CUPA.

B. Any person or business shall submit to the CUPA, within one year of written request, the RMPP completed to

the satisfaction of the CUPA.

(Ord. 2062 NCS §1, 1997.)

A. It shall be unlawful for any person or business to construct, install, modify, repair, upgrade, maintain,

temporarily close, remove or abandon in place any underground storage tank, any associated piping or any

monitoring methods without Zrst obtaining a CUPA permit and approval from the CUPA. Permits are

nontransferable and may be revoked for failure to conform to the requirements of this chapter.

B. The owner or operator shall complete an application for a permit to perform any of the activities described in

subsection A. The application shall include, but may not be limited to, the information required on the application

form for a permit to operate an underground storage tank system pursuant to Health and Safety Code Sections

25291 or 25292. Construction drawings or plans shall be submitted to verify that the installation, upgrade, repair

or change will comply with the Health and Safety Code Sections 25291 or 25292 and California Code of

Regulations, Title 23, Division 3, Chapter 16, Article 3. Any upgrade or changes to the tank system must meet the

minimum requirements of state law and federal law.

C. A permit to temporarily close, abandon in place or remove an underground storage tank or piping shall be

obtained before the actual work is performed. An underground tank closure form shall include assurance that

applicable closure requirements as set forth in the California Code of Regulations, Title 23, Division 3, Chapter 16,

Article 7, will be met.

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D. If there is a release or suspected release from any underground storage tank system, a person or business

shall complete a written report pursuant to the California Code of Regulations, Title 23, Division 3, Chapter 16,

Article 5, Section 2652, submit it to the CUPA and notify the North Coast Regional Water Quality Control Board.

(Ord. 2062 NCS §1, 1997.)

A. A person or business that generates hazardous waste shall complete a Hazardous Materials Business Plan

and CUPA permit application. The business shall be subject to the requirements of Health and Safety Code Section

25100, et seq. and California Code of Regulations, Title 22, Division 4.5.

B. A business that is regulated under the permit-by-rule, conditional authorized or conditional exempt tier of

Health and Safety Code Section 25100, et seq. shall be required to complete a CUPA permit application as well as

DTSC form 1772 or other approved form. The business shall be subject to the requirements of Health and Safety

Code Section 25100, et seq. and California Code of Regulations, Title 22. Division 4.5.

(Ord. 2062 NCS §1, 1997.)

A. In addition to the provisions for public inspection contained in Health and Safety Code Section 25500, et seq.,

the following shall apply:

1. Persons requesting information from any Zle containing a disclosure form/permit or other public records

Zled under this chapter may do so anonymously. They shall complete an application for the release of

information. This application shall require the person to disclose:

a. The subject or description of Zles to be examined or requested to be copied;

b. The CUPA shall review the request to determine whether any of the materials requested are exempt

from disclosure under the provisions of Section 6254 of the California Government Code, or of Section

c. If the request for information is pursuant to an ongoing investigation by a government agency, the

requesting agency may request that the business not be notiZed of the request. If the business has

claimed trade secret protection for any of the information requested, the provisions of Section 17.21.140

shall apply to such information. A copy of each application for release of information shall be retained in

each Zle requested to be viewed or copied, and shall become a public record subject to later disclosure.

(Ord. 2062 NCS §1, 1997.)

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The disclosure of trade secrets, or conZdential information or information certiZed by an appropriate o\cial of

the United States as necessary to be kept secret for national defense purposes shall be governed by Health and

Safety Code Sections 25511 and 25538 and other applicable law. (Ord. 2062 NCS §1,, 1997.)

A. Any person or business, which has previously been required to submit a Hazardous Material Business Plan,

shall obtain a permit and submit a closure work plan to the CUPA at least thirty days prior to the closure,

relocation, sale or exchange of the business and/or the real property on which the business is located. The closure

work plan shall be approved by the CUPA before the removal of hazardous or potentially hazardous materials or

hazardous wastes from property prior to implementation.

B. The closure work plan shall describe procedures for terminating the storage of hazardous materials and/or

hazardous wastes in each storage facility in a manner that:

1. Eliminates or minimizes the need for further maintenance;

2. Eliminates or minimizes any threat to public health, safety and the environment from residual hazardous

materials or hazardous wastes in the facility; and

3. Demonstrates that the hazardous materials and/or hazardous wastes that were stored in the facility will

be removed, disposed, neutralized, or reused in an appropriate manner.

C. If underground storage tanks are also being closed, a separate tank closure permit must be obtained from

the CUPA and must be referenced in the overall closure plan.

D. The closure work plan shall include:

1. A completed closure form;

2. A current inventory statement and site maps. The Business Plan may be used to satisfy this requirement;

3. A description of the work to be performed to properly clean, inspect, sample and close the facility.

Sampling shall include provisions for independent, third party analysis conducted by a professional geologist,

civil engineer, engineering geologist, chemical engineer, laboratory registered or certiZed by the state of

California, or other such professional as accepted by the CUPA, at the expense of the business owner;

4. A description of disposal/handling methods for all hazardous materials and hazardous wastes.

E. A closure report must be submitted to the CUPA within thirty days of completion of work outlined in the

closure work plan. The closure report shall document:

1. A description of the actions actually taken to close the facility;

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2. Manifests or other documents detailing the removal, disposal, or neutralization of the hazardous

materials and/or hazardous wastes;

3. Sampling results and interpretation of the results;

4. Cleanup levels for soils and groundwater a]ected by an unauthorized release must be based on a risk

assessment or another approved method. The person or business must recommend target cleanup levels for

long-term corrective action to the CUPA for approval. The person or business must demonstrate to the CUPA

that any proposed corrective action will achieve current cleanup goals and will not produce any further

degradation to the environment.

F. If any business closes or relocates without submitting and implementing a closure plan, in addition to any

administrative, civil or criminal penalties, the property owner shall be required to prepare and implement a

closure plan prior to reoccupying the site in any manner, either by owner or any other tenant.

G. The CUPA may require a bond or other Znancial instrument to secure the performance of the work plan.

(Ord. 2062 NCS §1, 1997.)

A. Hazardous materials and/or deleterious materials shall not be abandoned, buried or released into any sewer,

storm drain, ditch drainage canal, lake, river, tidal waterway or in or upon any building, premises, ground,

sidewalk, street, highway, alley or into the atmosphere.

Exceptions:

1. Materials intended for use in weed abatement, erosion control, soil amendment or similar applications

when applied in accordance with the manufacturer’s instructions or nationally recognized practices.

2. Materials released in accordance with federal, state or local governing regulations or permits of the

jurisdictional Air Quality Management Board, with a National Pollutant Discharge Elimination System Permit,

with waste discharge requirements established by the jurisdictional Water Quality Control Board, or with local

sewer pretreatment requirements for Publicly Owned Treatment Works.

(Ord. 2062 NCS §1, 1997.)

A. If a threatened, or actual release of a hazardous material or hazardous waste occurs in the absence of a

business or property owner, the Zre chief shall make a reasonable attempt to contact the business and/or

property owner where the threatened or actual release has occurred and shall require the immediate mitigation

of the hazard.

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B. If there is no response or no contact is made with a business or property owner within a reasonable time

frame, the Zre chief shall take mitigating action which may include, but is not limited to, hazard removal or

relocation, cleanup, site evaluation, soil testing, and/or chemical analysis.

C. Any person or business with an ownership interest in the business or property on or in which the threatened

or actual release occurred shall pay the cost of responding to any threatened, or actual release of any hazardous

material and all damages and expenses incurred by any public agency having jurisdiction or any public agency

assisting the agency having jurisdiction, Expenses shall include, but not be limited to, equipment and personnel

and any payments to outside business Zrms.

(Ord. 2062 NCS §1, 1997.)

The CUPA may make periodic inspections of persons or businesses where hazardous materials and/or hazardous

waste is generated, stored, handled, disposed, treated or recycled, and may inspect aboveground and

underground storage tank systems and all persons or businesses where the CUPA has reasonable cause to believe

that hazardous materials or hazardous waste is generated, stored, handled, disposed, treated, or recycled,

Inspections may be made without prior notice to the owner or operator of such business. (Ord. 2062 NCS §1,

1997.)

The council shall establish fees for CUPA permits and for reviewing other CUPA activities and shall include the

state surcharge in the fees, (Ord. 2062 NCS §1, 1997.)

A. Any application to operate, construct, install, upgrade, repair, modify or temporarily or permanently close a

hazardous materials or hazardous waste facility, underground storage tank system or aboveground storage tank

may be denied if it does not conform with applicable laws, regulations and this chapter.

B. Any permit issued pursuant to this chapter may be suspended or revoked for cause. Cause shall be any

violation of this chapter or any violation of the provisions of laws or regulations listed in Section 17.21.010(C).

C. The suspension or revocation of a permit issued pursuant to this chapter, shall not preclude the imposition of

any other penalty prescribed by this chapter or the prosecution of any violation of this chapter.

(Ord. 2062 NCS §1, 1997.)

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The CUPA is authorized to enforce all provisions of this chapter and to inspect all activities which are regulated in

this chapter for the purpose of determining compliance with this chapter. No person shall obstruct or interfere

with the CUPA inspector in the performance of these duties. The CUPA inspector may issue citations for violations

of this chapter. (Ord. 2062 NCS §1, 1997.)

A. The city attorney or the district attorney may seek an order enjoining any acts or practices that constitute or

threaten to constitute a violation of this chapter and for the reasonable costs of the CUPA in investigating and

prosecuting the enforcement action.

B. Any person or business that violates Sections 17.21.060, 17.21.070, or 17.21.080 shall be subject to a civil

penalty in an amount not to exceed two thousand dollars for each day in which the violation occurs. Violation of

Sections 17.21.060, 17.21.070, or 17.21.080 by a business, after notice of the violation has been given by the CUPA,

shall be subject to a civil penalty not to exceed Zve thousand dollars for each day the violation occurs. If the

violation results in, or signiZcantly contributes to an emergency, including but not limited to, a sudden release,

explosion or Zre, the business shall also pay the full cost of the emergency response by the Zre department and

the CUPA, including the cost of cleanup and disposal of the hazardous materials or hazardous wastes.

C. Any person or business that violates Sections 17.21.090 or 17,21.100 shall be subject to a civil penalty in an

amount not to exceed two thousand dollars for each day in which the violation occurs. In the case of knowing

violations of Sections 17.21.090 or 17.21.100 after reasonable notice of the violation has been given by the CUPA,

the civil penalty shall not exceed twenty-Zve thousand dollars for each day in which the violation exists. In

addition, in cases of knowing violations, the responsible person may, upon conviction, also be punished by

imprisonment in the county jail for not more than one year pursuant to Health and Safety Code Section 25540.

D. Any person or business that violates Section 17.21.110 shall be subject to a civil penalty in an amount of not

less than Zve hundred dollars and not to exceed Zve thousand dollars for each underground storage tank for each

day in which the violation occurs,

E. In determining the amount of civil penalty to be imposed, the CUPA shall consider all of the relevant

circumstances, including but not limited to, the extent of the harm or potential harm caused by the violation, the

nature of the violation and the period of time over which it occurred, the frequency of past violations, and the

corrective action, if any, taken by the person or business responsible for any activity subject to a permit.

F. Each day on which a violation exists or continues to exist shall be deemed a separate violation.

G. The civil penalties authorized by this section are in addition to the penalties provided by Section 1.04.060,

which shall apply to all violations of this chapter. In cases where state law provides greater penalties than Section

1.04.060, the provisions of state law shall apply.

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(Ord. 2062 NCS §1, 1997.)

A. Any person or business that fails to comply with Sections 17.21.060, 17.21.070, or 17.21.080 shall be subject

to an administrative civil penalty in an amount not to exceed two thousand dollars for each day in which the

violation occurs. Violation of Sections 17.21.060, 17.21.070 or 17.21.080, after notice of the violation has been

given by the CUPA, shall be subject to an administrative civil penalty not to exceed Zve thousand dollars for each

day the violation occurs. If the violation results in, or signiZcantly contributes to an emergency, including but not

limited to a Zre or health or medical emergency requiring toxicological, health, or medical consultation, the person

or business shall also pay the full costs of the emergency response by the Zre department and the CUPA, county,

city, local emergency medical services agency, or poison control center, including the cost of cleanup and disposal

of the hazardous materials, acutely hazardous materials or hazardous wastes.

B. Any person or business who fails to comply with a written notice or order issued by the CUPA pursuant to this

chapter shall also be subject to an administrative civil penalty. If the violation results in, or signiZcantly contributes

to an emergency, including but not limited to a Zre or health or medical problem requiring toxicological, health, or

medical consultation, the person or business shall also pay the full costs of the emergency response by the Zre

department, the CUPA, county, city, local emergency medical services agency or poison control center, as well as

the cost of cleaning up and disposing of the hazardous materials or acutely hazardous materials.

C. A person or business shall not be subject to both an administrative civil penalty and a civil penalty pursuant to

Section 17.21.210 for the same violation on the same date. However, a person or business may be subject both to

an administrative civil penalty and criminal prosecution as provided in Section 1.04.060 based on the same

violation or violations.

D. In determining the amount of the administrative civil penalty to be imposed pursuant to Section 17.21.230,

the CUPA shall consider the extent of harm caused by the violation, the nature and persistence of the violation,

the length of time over which the violation occurred, the frequency of past violations, any action taken by the

person or business to mitigate the violation, and the Znancial burden that the administrative civil penalty would

impose on the person or business.

E. Payment of an administrative civil penalty shall not relieve a person or business from the responsibility for

correcting any violation of this chapter, or state law, or from complying with a written notice or order issued by the

CUPA, or from taking other corrective action necessary to comply with this chapter.

(Ord. 2062 NCS §1, 1997.)

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This section is intended to implement the provisions of Health and Safety Code Section 25514.6. The CUPA shall

comply with the following procedure in imposing an administrative civil penalty:

A. The CUPA shall issue a written complaint to any person or business subject to an administrative civil penalty

under Section 17.21.220. The complaint shall allege the acts or failures to act that are the basis for the

administrative civil penalty and the proposed amount of the administrative civil penalty. The complaint shall be

served on the person or business by personal service or certiZed mail, and shall inform the person or business

being served that a hearing shall be conducted by no later than sixty days after service of the complaint unless the

business waives the right to a hearing on the proposed penalty. The business shall request a hearing by written

notice to the CUPA within ten days after the service of the complaint. The written request for hearing shall be

served on the CUPA in person or by Zrst class mail. Failure by any person or business to respond within ten days

shall be deemed as a waiver of right to a hearing.

B. If the person or business served with the complaint waives the right to a hearing, the CUPA shall issue an

order requiring the person or business to pay the administrative civil penalty in the amount speciZed in the

complaint, unless the person or business and the CUPA have entered into a settlement agreement, in which case

the person or business shall pay the amount speciZed in the settlement agreement.

C. The hearing on the proposed administrative civil penalty shall be heard by the Zre chief or a hearing o\cer

designated by the Zre chief.

D. At the hearing, a representative of the CUPA shall set forth the facts which justify the penalty, the applicable

provisions of the ordinance, state law, or CUPA orders or notices that have been violated, and the factors relied

upon by the CUPA in setting the amount of the proposed penalty.

E. The person or business may appear in person or by agent or legal counsel and may present information

relevant to the charges or the proposed penalty.

F. In conducting the hearing, the hearing o\cer shall receive information, evidence, and testimony relevant to

the alleged violation and the penalty to be imposed. The formal rules of evidence shall not apply, but evidence

presented shall be of the type which responsible persons are accustomed to rely on in the conduct of serious

a]airs,

G. If the hearing o\cer determines that an administrative civil penalty is justiZed, the hearing o\cer shall

consider all of the relevant circumstances in setting the amount of the penalty, including but not limited to the

extent of the harm or potential harm caused by the violation, the nature of the violation(s) and the period of time

over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person or

business that holds the permit.

H. The hearing o\cer shall issue its decision in writing no later than thirty days after the hearing. The written

decision of the hearing o\cer shall include Zndings which explain the basis for imposition of the administrative

civil penalty and the amount of the penalty and an order for payment of the penalty within thirty days. Copies of

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the order shall be served by personal service or certiZed mail upon the person or business served with the

complaint and upon any other persons who appeared at the hearing and requested a copy.

I. Within thirty days after service of a copy of the decision of the hearing o\cer, the person or business may Zle

with the superior court a petition for a writ of mandate for review of the decision. If the person or business fails to

Zle the petition within this thirty day period, it may not later challenge the reasonableness or validity of the

hearing o\cer’s decision in any legal action brought by the CUPA to enforce the decision, or any order, or to seek

other legal remedies.

J. All administrative civil penalties shall be paid within thirty days of the issuance of the hearing o\cer’s decision

and order. The Zling of a writ of mandate shall not stay the accrual of administrative civil penalties imposed by the

hearing o\cer.

K. This section shall supplement any other legal remedies and shall not preclude the CUPA from Zling a civil or

criminal action against the person or business to enforce the ordinance or any orders or notices issued by the

CUPA or to assess administrative civil penalties. The decision of the hearing o\cer may be appealed to the council.

(Ord. 2062 NCS §1,, 1997.)

A. A person or business regulated under this chapter may request a hearing regarding fees, written notices and

orders of the CUPA, denial of permits, proposed suspension or revocation of permits, and immediate suspension

of permits to operate.

B. The person or business may request a hearing in writing addressed to the Zre chief within ten days after the

action. The Zre chief shall set a date for the hearing within thirty days after receipt of the written request. Notice of

the time and place of the hearing shall be mailed to the appellant no later than Zfteen days before the date set for

the hearing by Zrst class mail. The Zre chief may request the appellant to produce speciZc records at such hearing

and the notice may designate records required to be produced.

C. At the hearing, a representative of the CUPA shall set forth facts and the applicable statutes, regulations or

provisions of this chapter which are applicable and information concerning how fees have been determined.

D. The appellant may appear in person or by agent or legal counsel and may present such evidence as may be

relevant.

E. In conducting the hearing, the hearing o\cer shall receive such information, evidence, and testimony as is

relevant to the alleged violation, and the formal rules of evidence shall not apply but evidence shall be of the type

upon which responsible persons are accustomed to rely in the conduct of serious a]airs.

F. The hearing o\cer shall render the decision within fourteen days after the hearing and a copy of the written

decision including Zndings shall be sent to the appellant by Zrst class mail.

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G. The decision of the hearing o\cer may be appealed to the council. Appeals shall be Zled within fourteen

calendar days of the decision of the Zre chief, or his designated hearing o\cer.

(Ord. 2062 NCS §1, 1997.)

Mediation of disputes or peer review may be held pursuant to procedures adopted by the CUPA. (Ord. 2062 NCS

§1, 1997.)

It is the intent of this chapter to regulate the storage, handling, use and management of hazardous materials or

substances unless speciZcally preempted by state or federal law. This chapter is not intended, and shall not be

construed, to apply to any substance or activity which is preempted by federal or state law or to the extent that

such application would unduly interfere with the achievement of federal or state regulatory activities. It is the

intention of the city council that this ordinance shall be interpreted to be compatible with federal and state

enactments and in furtherance of the public purposes which those enactments express.

If a con[ict exists between this chapter and provisions of the Health and Safety Code and California Code of

Regulations, Title 24, Part 9, the most restrictive provisions shall prevail. (Ord. 2062 NCS §1, 1997.)