Chapter 8.42 — UNDERGROUND AND ABOVEGROUND STORAGE

TANKS Sections:

• 8.42.010 Creation of Long Beach/Signal Hill CUPA.

• 8.42.020 Definitions.

• 8.42.030 Designation of Long Beach/Signal Hill CUPA as local agency for underground storage

• tanks.

• 8.42.040 Designation of Long Beach/Signal Hill CUPA as unified program agency for aboveground

• storage tanks.

• 8.42.050 Fees.

• 8.42.060 Violations.

The purpose of this chapter is to designate the Long Beach/Signal Hill CUPA as the Unified Program Agency for purposes of enforcing and assuming responsibility for the regulation of the underground storage of hazardous substances within Signal Hill, and as the agency enforcing the spill prevention control and countermeasure plan requirements mandated for aboveground storage tanks under state law. (Ord. 97-07-1218 § 1 (part): Ord. 96-08- 1208 § 1 (part))

For purposes of this chapter, the following definitions shall apply: (a) "JPA" or "joint powers agreement" means that agreement executed by the Cities of Signal Hill and Long Beach on December 21, 1995 entitled "Joint Powers Agreement Creating a Long Beach/Signal Hill Unified Program Agency," as such agreement may be amended from time to time. (b) "Long Beach/Signal Hill CUPA" means the Long Beach/Signal Hill Unified Program Agency created by the JPA and certified by the Secretary of the California Environmental Protection Agency. (Ord. 97-07-1218 § 1 (part): Ord. 96-08-1208 § 1 (part))

The city of Signal Hill designates the Long Beach/Signal Hill CUPA as its "local agency" pursuant to Section 25283 and Chapter 6.11 of Division 20 of the California Health and Safety Code, and as the responsible governmental agency for purposes of implementing and enforcing Chapters 6.7 and 6.75 of Division 20 of the California Health and Safety Code, and Chapters 16 and 18 of Division 3 of Title 23 of the California Code of Regulations, and other related statutes and regulations, all as may be amended from time to time. The Long Beach/ Signal Hill CUPA may adopt and enforce requirements which are equal to or more stringent than those set forth under State law, in accordance with California Health and Safety Code Section 25283.5. The City Clerk shall cause to be filed three (3) copies of such equal or more stringent requirements with the Clerk's office, and these copies shall be maintained at all times by the City Clerk for use and examination by the public. The Long Beach/Signal Hill CUPA shall administer its responsibilities under this section pursuant to the JPA. The designation of authority granted hereunder may be modified or rescinded at any time by modification or repeal of this section. (Ord. 97-07-1218 § 1 (part): Ord. 96-08-1208 § 1 (part))

The city of Signal Hill designates the Long Beach/Signal Hill CUPA as the Unified Program Agency to enforce the spill prevention control and countermeasure plan requirements of Chapter 6.67 of Division 20 of the California Health and Safety Code, Section 25270.5(c), and as the Uniform Program Agency under other related statutes and regulations, all as may be amended from time to time. As permitted by State law, the Long Beach/Signal Hill CUPA may adopt and enforce requirements which are equal to or more stringent than those referenced in this section. The City Clerk shall cause to be filed three copies of such equal or more stringent requirements with the Clerk's office, and these copies shall be maintained at all times by the City Clerk for use and examination by the public. The Long Beach/Signal Hill CUPA shall administer its responsibilities under this section pursuant to the JPA. The designation of authority granted hereunder may be modified or rescinded at any time by modification or repeal of this section. (Ord. 97-07-1218 § 1 (part): Ord. 96-08-1208 § 1 (part))

All persons and businesses governed by Chapters 6.67, 6.7 and 6.75 of Division 20 of the California Health and Safety Code shall pay those fees established by the Long Beach/Signal Hill CUPA by ordinance or resolution, for purposes of implementing Chapters 6.67, 6.7 and 6.75 of Division 20 of the California Health and Safety Code, and all other provisions related thereto, along with all applicable regulations thereunder, including Chapters 16 and 18 of Division 3 of Title 23 of the California Code of Regulations. (Ord. 97-07-1218 § 1 (part): Ord. 96-08-1208 § 1 (part))

All persons and businesses governed by Chapters 6.67, 6.7 and 6.75 of Division 20 of the California Health and Safety Code shall comply with such provisions and the regulations thereunder, including but not limited to Chapters 16 and 18 of

Division 3 of Title 23 of the California Code of Regulations. Any violation of this chapter and the provisions of State law referenced in this chapter is a violation of this Code and is subject to civil and criminal fines, penalties and other remedies as provided for under State law and this Code, including restitution and injunctive relief. (Ord. 97-07-1218 § 1 (part): Ord. 96-08-1208 § 1 (part))