Sebastopol Municipal Code Art. II Implementation of Health and Safety Code

A. Chapter 6.7 of the California Health and Safety Code (Section 25280 et seq.) establishes the minimum Statewide procedures and requirements for the underground storage of hazardous substances including requirements for the testing, inspection and permitting of such underground storage and the establishment of civil and criminal penalties for the violation of any such requirement.

B. Pursuant to California Health and Safety Code Section 25283, every county is required to implement the provisions of said Chapter 6.7. However, Section 25283(a) provides, in pertinent part, that: “A city may, by ordinance or resolution, assume responsibility for the implementation of this chapter and, if so, shall have exclusive jurisdiction within the boundary of the city for the purposes of carrying out this chapter...”

C. This Council finds that despite the fact that the County of Sonoma is required to implement and administer such provisions within the County, including the City of Sebastopol, it is in the best interests of the health, welfare and safety of the citizens of the City of Sebastopol to have the provisions of said Chapter 6.7 administered locally within the boundaries of the City of Sebastopol.

D. Pursuant to California Health and Safety Code Section 25283(b), any city which assumes responsibility to administer said Chapter 6.7 must designate an agency of the city as the administering agency responsible for enforcing such provisions. Accordingly, it is the desire of this Council to designate the Sebastopol Fire Department as such responsible administering agency within the City of Sebastopol.

E. All legal prerequisites prior to the adoption of the ordinance codified in this chapter have occurred. (Formerly 8.28.010)

The City of Sebastopol does hereby ordain as follows:

A. In all respects as set forth in the recitals, SMC 8.30.030.

B. The City of Sebastopol does hereby assume responsibility for the implementation of the provisions of Chapter 6.7 of the California Health and Safety Code and designates the Sebastopol Fire Department as the administering agency responsible for administering Chapter 6.7 within the boundaries of the City of Sebastopol.

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

D. The City Council shall establish by resolution a schedule of fees to be paid by persons using or handling hazardous materials which are sufficient to cover the costs to the City of administering the provisions of this chapter.

E. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have passed the ordinance codified in this chapter and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. (Formerly 8.28.020)