Sebastopol Municipal Code Ch. 8.32 Requirements for Hazardous Materials Release Response Plans and Inventory

A. Chapter 6.95 of the California Health and Safety Code (Section 25500 et seq.) establishes the minimum Statewide procedures and requirements for the handling of hazardous materials, including requirements for the inventory and inspection of hazardous materials, the preparation of emergency response plans for release or threatened release of hazardous materials and the establishment of civil and criminal penalties for the violation of any such requirement.

B. Pursuant to California Health and Safety Code Section 25502, every county is required to implement the provisions of said Chapter 6.95. However, Section 25505(b) 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 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 6.95 administered locally within the boundaries of the City of Sebastopol.

D. Pursuant to California Health and Safety Code Section 25502(c), any city which assumes responsibility to administer said Chapter 6.95 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.

A. In all respects as set forth in SMC 8.32.010, Recitals.

B. The City of Sebastopol does hereby assume responsibility for the implementation of the provisions of Chapter 6.95 of the California Health and Safety Code, exclusive of Article 2, Sections 25531 through 25541, regarding risk management and prevention programs. The City of Sebastopol hereby designates the Sebastopol Fire Department as the administering agency responsible for administering and enforcing such provisions of said Chapter 6.95 within the boundaries of the City of Sebastopol.

C. The schedule of fines and imprisonment set forth in Section 25515 of the California Health and Safety Code shall continue to be specifically applicable to persons and businesses within the boundaries of the City of Sebastopol.

D. The definitions, standards, procedures and requirements as set forth in Chapter 6.95 of the California Health and Safety Code, and the specific guidelines adopted thereunder, are hereby adopted as those regulations governing hazardous materials release response plans and inventory for the City of Sebastopol.

E. 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.

F. 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.