Chapter 20.10 — CERTIFIED UNIFIED PROGRAM AGENCY PROGRAM ADMINISTRATION

Note: Prior ordinance history: Ord. 2669-01.

(a) Pursuant to approval by the State of California Environmental Protection Agency's (Cal EPA) of Sunnyvale's application to serve as the Certified Unified Program Agency (CUPA) for the city, the City of Sunnyvale assumes authority and responsibility within the city for the unified hazardous waste and hazardous materials management regulatory program (unified program) established by Health and Safety Code, Division 20, Chapter 6.11, Section 25404, et seq. This program consolidates the administration and enforcement of six hazardous materials management programs and ensures the coordination and consistency of any regulations adopted pursuant to such program requirements. The six programs are:

(1) Hazardous Waste Generator and Onsite Hazardous Waste Treatment (tiered
permitting) Program;

(2) Aboveground Petroleum Storage Act;

(3) Underground Storage Tank Program;

(4) Hazardous Materials Release Response Plans and Inventories (Business Plans);

(5) California Accidental Release Prevention (CalARP) Program; and

(6) California Fire Code: Hazardous Material Management Plans and Inventory
Statements.

(b) The city has exclusive, local jurisdiction within its boundaries to administer and enforce the requirements of the Unified Program. (Ord. 3022-13 § 2)

The city council finds and declares:

(a) Hazardous materials and hazardous waste in the community may be deleterious to the environment and the health of individuals who visit, reside or work in the city if they are exposed to such substances as a result of fire, spills, industrial accidents, releases, emissions or other incidents.

(b) Businesses that safely handle, use, store and dispose of hazardous materials and waste benefit the community by protecting the environment and the health and welfare of residents, workers and visitors. It is the intent of the city council that the administration and enforcement of the Unified Program requirements will facilitate safe business practices with respect to hazardous materials and waste.

(c) The purpose of this chapter is the protection of health, life, resources and property. It is the intent of the city council that the administration and enforcement of the Unified Program will reduce the likelihood of fires, spills, emissions, releases and other incidents that could

detrimentally affect the lives of residents, visitors and workers and the environment by establishing an inspection procedure, disclosure requirements, and permitting procedures for businesses that handle, store, use, and dispose of hazardous materials and waste in the city. (Ord. 3022-13 § 2)

programs consolidated under the Unified Program.

(a) The following provisions of the California Health and Safety Code and applicable regulations, as they may be amended from time to time, which establish the requirements of the six hazardous waste and materials management programs that are consolidated by the Unified Program hereby are incorporated by reference as if fully set forth herein:

(1) Health and Safety Code, Division 20, Chapter 6.5, Section 25100, et seq. Hazardous waste generator requirements, including enforcement and implementation of the onsite hazardous waste treatment and tiered permitting program;

(2) Health and Safety Code, Division 20, Chapter 6.67, Sections 25270.2, 25270.4, 25270.5(c). Aboveground petroleum storage tanks (spill prevention control and countermeasure plan);

(3) Health and Safety Code, Division 20, Chapter 6.7, Section 25280, et seq. Underground storage of hazardous substances;

(4) Health and Safety Code, Division 20, Chapter 6.95, Article 1, Section 25501, et seq. Hazardous materials release response plans and inventories, commonly referred to as business plans and hazardous materials area plans;

(5) Health and Safety Code, Division 20, Chapter 6.95, Article 2, Section 25531, et seq. Requirements concerning acutely hazardous materials, commonly referred to as the accidental release prevention program (CalARP); and

(6) Sections 5001.5.1 and 5001.5.2 of the International Fire Code as adopted by the State Fire Marshal pursuant to Health and Safety Code, Section 13143.9, California Fire Code requirements concerning hazardous material management plans and inventories.

(b) This chapter shall be implemented and enforced in compliance with the state's Unified Program requirements, the provisions set forth in subsection (a) of this section and any other applicable laws and regulations, as they may be amended from time to time.

(c) This chapter shall be implemented and enforced in accordance with any other requirements that are applicable to the Unified Program, but are not specifically incorporated by reference in this chapter, any new federal, state or local laws and/or regulations that may be enacted from time to time and any amendments to any such requirements. (Ord. 3022-13 § 2)

(a) The department of public safety is designated as the administering agency responsible for the administration and enforcement of the Unified Program and this chapter. The city

manager delegates to the director of public safety the authority to take any and all actions that may be necessary for public safety to administer and enforce the Unified Program requirements and this chapter. All city employees designated by the director of public safety are authorized to make inspections and take any actions on behalf of the director as may be required to administer and enforce the requirements of the Unified Program and this chapter.

(b) The director or his/her designee shall be the administrator of the Unified Program and this chapter.

(c) The director of public safety may, for purposes consistent with this chapter, undertake actions, including but not limited to public educational programs regarding hazardous materials and waste, the requirements of this chapter, and promotion of pollution prevention, and recycling of waste products. (Ord. 3022-13 § 2)

Any person, firm or corporation that conducts one of the activities, or stores, handles or uses any hazardous materials regulated by one of the hazardous waste and materials management programs identified in Section 20.10.030 herein shall obtain and keep current a hazardous materials permit issued pursuant to this title and Health and Safety Code, Division 20, Chapter 6.11, Section 25404, et seq. One such permit shall be issued for a single facility. Additional approvals shall be obtained for any facility thereafter connected, installed, constructed, repaired, substantially modified, replaced, closed or removed, or for any change or addition in hazardous materials stored, handled or used, not in accordance with the prior approval. Such additional approval shall be obtained prior to the commencement of such activity. Notwithstanding the above, permittee shall have thirty days to apply for an additional approval for the storage or use of new or different hazardous material with the same hazard class as stated on the existing permit approvals where such storage or use does not increase the hazard of fire or explosion or the hazard of the production of flammable or toxic gas. Storage or use of new or different hazardous materials, not meeting all of these criteria, shall require the prior additional approval. (Ord. 3022-13 § 2)

The city council shall establish, from time to time, a schedule of fees for each class of permits issued under this chapter, for additional late fees, and for additional services provided by the city to administer and enforce this chapter. The fees established by the city council shall be sufficient to allow the city to recover its costs of administering this chapter. Such fees shall take effect upon adoption by the city council. (Ord. 3022-13 § 2)

(a) In order to carry out the purposes of this chapter, the administrator has the authority to inspect any place/site where hazardous materials or wastes are handled, or any place/site where the administrator has reason to believe that an unauthorized release of a hazardous material has occurred, is occurring, or may occur. This authority extends to any property within two thousand feet of property on which hazardous materials or wastes are handled. The authority conferred by this section includes the authority to conduct any monitoring or

testing of any aboveground or underground storage tank system. This right of entry shall be exercised only at reasonable hours unless otherwise required by an emergency, and entry shall be made to any establishment or property only with the consent of the owner or tenant thereof, or with property inspection warrant or other remedy provided by law to secure entry.

(b) All inspections under this chapter shall be at the discretion of the department of public safety and nothing in this chapter shall be construed to require that the department conduct any inspection, nor shall any inspection by department of public safety create a duty to conduct any other inspection. Furthermore, nothing in this chapter shall be construed to hold the department of public safety or any officer, employee or representative of the department responsible for any damage to persons or property by reason of making an inadequate or negligent inspection, or by reason of any failure to make an inspection or reinspection, or take any enforcement or remedial action. (Ord. 3022-13 § 2)

(a) Any party that violates any provision of this chapter shall be liable for civil and criminal penalties, as appropriate, to the full extent provided by state law, and this chapter. Such liability may include, but shall not be limited to, liability for administrative civil penalties as provided in Health and Safety Code Section 25515.2, as may be amended. The remedies provided for under this section are in addition to any the city or any person might have under other applicable laws.

(b) The administrator may cooperate with the city attorney and/or district attorney in bringing judicial and/or administrative action to enforce any provision of this chapter. Such judicial and/or administrative actions may seek the penalties and relief to the full extent provided under law, including, but not limited to, the reasonable cost of the city and/or the district attorney's in prosecuting the enforcement action to the extent authorized by applicable law. (Ord. 3022-13 § 2; Ord. 3251-26, 3/10/2026)

Due to the threat to the security of active hazardous material facilities posed by the disclosure of the information in the facility storage map, this information shall be maintained by city for law enforcement purposes only and shall not be made public. Public disclosure of this information could endanger the security of the facility or present a clear danger to public health and safety. The city shall not disclose this information to the public without the consent of the permittee or permit applicant unless ordered to do so by a court of competent jurisdiction. Permittee or permit applicant shall be deemed a real party in interest in any such action. Prompt notice of a lawsuit to compel disclosure shall be given by city to permittee or permit applicant. However, city shall be under no duty to prevent disclosures where the facility is closed, there has been any unauthorized discharge of hazardous materials stored in facility shown on such map or where such disclosure arises out of any official emergency response relating to the facility. (Ord. 3022-13 § 2)

The permittee shall indemnify, hold harmless and defend the city against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, that occurs by

reason of an unauthorized discharge in connection with permittee's operations under this permit except as arises from city's sole willful act or sole active negligence. (Ord. 3022-13 § 2)

(a) To the extent that the requirements of applicable law are amended from time to time, the administrator shall have the power to enforce the same.

(b) The disclosure of hazardous materials information in accordance with state and local regulations shall not in any way affect any other liability or responsibility of a handler of hazardous materials or waste with regard to safeguarding the health and safety of any employee, or any other person or the environment. (Ord. 3022-13 § 2)

Statutory References

Title SR

STATUTORY REFERENCES FOR CALIFORNIA CITIES

§ SR.010. General Provisions. § SR.080. Vehicles and Traffic. § SR.020. Administration and § SR.090. Streets, Sidewalks and Personnel. Public Places. § SR.030. Revenue and Finance. § SR.100. Public Services. § SR.040. Business Licenses, Taxes § SR.110. Buildings and Construction. and Regulations. § SR.120. Subdivisions. § SR.050. Animals. § SR.130. Zoning. § SR.060. Health and Safety. § SR.140. Environment. § SR.070. Public Peace, Morals and Welfare.

The statutory references listed below refer the code user to state statutes applicable to California cities. They are current through February 2026. (NOTE: The list of references includes references applicable to cities, generally; certain references may be applicable solely to chartered cities and others may not be applicable to chartered cities.)

§ SR.010. General Provisions.

Subject Reference

Accessory dwelling units Gov’t Code § 66310 et seq.

Administrative fines and penalties Gov’t Code § 53069.4

Alternative forms of government Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal Cal. Const. Art. XI, § 3 et seq. city charters

Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85

Classifications of cities Gov’t Code §§ 34100 – 34102

Code adoption Gov’t Code §§ 50022.1 – 50022.10

Conflict of interest code Gov’t Code § 87100 et seq.

Elections Gov’t Code §§ 34050 and 36503 and Elec. Code §§ 1301, 9200 et seq., and 10100 et seq.

Expedited judicial review of First Code of Civ. Proc. § 1094.8 Amendment cases

False petitions Gov’t Code § 34093

General powers Gov’t Code § 37100 et seq. and Cal. Const. Art. XI, § 7

Imprisonment Gov’t Code §§ 36901, 36903 – 36904

Subject Reference

Initiative and referendum Cal. Const. Art. XI, § 7.5 and Elec. Code §§ 9200 et seq., and 9235 et seq.

Judicial review of city decisions Code of Civ. Proc. § 1094.6

Ordinances Gov’t Code § 36900 et seq.

Penalties for ordinance violations Gov’t Code § 36900 et seq.

Police power Cal. Const. Art. XI, § 7

Procedure for enactment or revision of city Gov’t Code § 34450 et seq. charters

§ SR.020. Administration and Personnel.

Subject Reference

Chief of police Gov’t Code § 41601 et seq.

City assessor Gov’t Code § 41201 et seq.

City attorney Gov’t Code § 41801 et seq.

City clerk Gov’t Code § 40801 et seq.

City manager Gov’t Code §§ 34851 – 34859

City officers generally Gov’t Code § 36501

City records Gov’t Code §§ 34090 – 34090.7

City treasurer Gov’t Code § 41001 et seq.

Election of legislative body by districts Gov’t Code § 34870 et seq.

Elective mayor Gov’t Code §§ 34900 – 34906

Fire department Gov’t Code § 38611

Legislative body Gov’t Code § 36801 et seq.

Local emergencies Gov’t Code §§ 8630 – 8634

Local planning agencies Gov’t Code § 65100 et seq.

Mayor Gov’t Code §§ 36801 – 36803 and 40601 et seq.

Meetings (“Ralph M. Brown Act”) Gov’t Code § 54950 et seq.

Peace officer standards and training Penal Code § 13500 et seq.

Personnel system Gov’t Code § 45000 et seq.

Retirement systems Gov’t Code §§ 45300 et seq., and 53060.1

The California Emergency Services Act Gov’t Code § 8550 et seq.

§ SR.030. Revenue and Finance.

Subject Reference

Bradley-Burns Bill of Rights Rev. & Tax. Code §§ 7221—7226

Bradley-Burns Uniform Local Sales and Use Rev. & Tax. Code § 7200 et seq., and Gov’t Tax Law Code § 37101

Chartered city special assessment procedure Gov’t Code § 43240

Claims against public entities Gov’t Code § 900 et seq.

Contracting by local agencies (“Local Agency Pub. Cont. Code § 20100 et seq. Public Construction Act”)

Development fees Gov’t Code § 66000 et seq.

Financial powers Gov’t Code § 37200 et seq.

Fiscal year in chartered cities Gov’t Code §§ 43120 and 43122

Graffiti prevention tax Rev. & Tax. Code §§ 7287—7287.10

Local agency service fees and charges Gov’t Code § 66012 et seq.

Property tax assessment, levy and collection Gov’t Code § 43000 et seq.

Public works and public purchases Gov’t Code § 4000 et seq.

Special gas tax street improvement fund Sts. & High. Code § 2113

The Documentary Transfer Tax Act Rev. & Tax. Code § 11901 et seq.

Transfer of tax function to county Gov’t Code § 51500 et seq.

Transient occupancy tax Rev. & Tax. Code §§ 7280—7283.51

Unclaimed property Civ. Code § 2080 et seq.

Uniform Public Construction Cost Pub. Cont. Code § 22000 et seq. Accounting Act

§ SR.040. Business Licenses, Taxes and Regulations.

Subject Reference

Alcoholic beverages—Local authority Bus. & Prof. Code §§ 23790 – 23791

Authority to license businesses Gov’t Code § 37101 and Bus. & Prof. Code § 16000 et seq.

Automatic checkout systems Civ. Code § 7100 et seq.

Bingo Penal Code § 326.5

Charitable solicitations Bus. & Prof. Code § 17510 et seq.

Commercial filming Gov’t Code § 65850.1

Community antenna television systems Gov’t Code § 53066 et seq.

Subject Reference

Gambling Control Act Bus. & Prof. Code § 19800 et seq.

Massage parlors Gov’t Code § 51030 et seq.

Pet Boarding facilities Health & Safety Code § 122380 et seq.

Private Investigator Act Bus. & Prof. Code § 7512 et seq.

Taxicabs and vehicles for hire Veh. Code §§ 16500 et seq., 21100(b) and 21112 and Gov’t Code § 53075 et seq.

§ SR.050. Animals.

Subject Reference

Animals generally Food & Agric. Code § 16301 et seq.

Cruelty to animals Penal Code § 596 et seq.

Dangerous and vicious dogs Food & Agric. Code § 31601 et seq.

Dogs and dog licenses Gov’t Code § 38792 and Food & Agric. Code § 30501 et seq.

Rabies control Health & Safety Code § 121575 et seq.

§ SR.060. Health and Safety.

Subject Reference

Delinquent garbage fees Gov’t Code §§ 38790.1 and 25831

Fire prevention Health & Safety Code § 13000 et seq.

Fireworks (permits) Health & Safety Code § 12640 et seq.

Fireworks (State Fireworks Law) Health & Safety Code § 12500 et seq.

Garbage and refuse collection and disposal Pub. Res. Code § 49000 et seq., and Gov’t Code § 38790

Graffiti abatement Gov’t Code §§ 38772 and 53069.3

Hospitals Gov’t Code § 37600 et seq.

Littering Penal Code § 374 et seq.

Local control of cannabis Bus. & Prof. Code § 26200 et seq.

Medical cannabis ordinances Health & Safety Code § 11362.83

Military equipment Gov’t Code § 7070 et seq.

Noise control Health & Safety Code § 46000 et seq. and Gov’t Code § 65302(f)

Nuisance abatement Gov’t Code § 38771 et seq., and Penal Code §§ 370, 372 and 373a

Subject Reference

Oil and Gas, Health Protection Zones Pub. Res. Code § 3280 et seq.

Single-user restrooms Health & Safety Code § 118600

Weed and rubbish abatement Gov’t Code § 39501 et seq.

§ SR.070. Public Peace, Morals and Welfare.

Subject Reference

Crimes against property Penal Code § 450 et seq.

Crimes against public health and safety Penal Code § 369a et seq.

Crimes against public justice Penal Code § 92 et seq.

Crimes against the person Penal Code § 187 et seq.

Crimes against the public peace Penal Code § 403 et seq.

Crimes involving sexual assault and against Penal Code § 261 et seq. public decency

Criminal storage of firearms Penal Code25100 et seq.

Minors Penal Code §§ 853.6a, 858(b); Welf. & Inst. Code Div. 2 § 100 et seq., 742.10 et seq. (graffiti)

Weapons Penal Code §§ 12001 et seq., 16000 et seq., 17500 et seq., and 19910 et seq.

§ SR.080. Vehicles and Traffic.

Subject Reference

Autonomous vehicles Veh. Code §§ 38750—38755

Bicycles, electric bicycles, pedicabs Veh. Code § 231 et seq., 21100(h), 21206 and (definitions) 39000 et seq.

Bicycles Veh. Code §§ 21100 et seq., 21200 et seq., and 39000 et seq.

Curb markings Veh. Code § 21458

Establishment of crosswalks Veh. Code § 21106

Local traffic rules and regulations Veh. Code § 21100 et seq.

One-way street designations Veh. Code § 21657

Pedestrian rights and duties Veh. Code § 21949 et seq.

Penalties Veh. Code § 40000.1 et seq.

Speed limits Veh. Code § 22348 et seq.

Subject Reference

Stopping, standing, and parking Veh. Code § 22500 et seq.

Through highways Veh. Code §§ 21101(b), 21353 and 21354

Traffic control devices Veh. Code § 21350 et seq.

Traffic signs, signals and markings Veh. Code § 21350 et seq.

Turning movements Veh. Code § 22100 et seq.

Vehicle weight limits Veh. Code § 35700 et seq.

Violations Veh. Code § 40000.1 et seq.

§ SR.090. Streets, Sidewalks and Public Places.

Subject Reference

Advertising displays; signs Gov’t Code §§ 38774 and 65850(b); Bus. & Prof. Code § 5200 et seq.

Constructions of sidewalks and curbs Sts. & High. Code § 5870 et seq.

Improvement Act of 1911 Sts. & High. Code § 5000 et seq.

Landscaping and Lighting Act of 1972 Sts. & High. Code § 22500 et seq.

Municipal parks Pub. Res. Code § 5181 et seq.

Obstructions and encroachments of public Gov’t Code § 38775 ways

Tree Planting Act of 1931 Sts. & High. Code § 22000 et seq.

Underground utility districts Sts. & High. Code § 5896.1 et seq. and Gov’t Code § 38793

§ SR.100. Public Services.

Subject Reference

Connection fees Gov’t Code § 66013

Inventory of known lead user service line Health & Safety Code § 116885

Municipal sewers Gov’t Code § 38900 et seq., and Health & Safety Code § 5470 et seq.

Municipal water systems Gov’t Code § 38730 et seq.

Water wells Water Code § 13700 et seq.

§ SR.110. Buildings and Construction.

Subject Reference

Adoption of construction codes Health & Safety Code §§ 17922, 17958 and 17958.5

Authority to regulate buildings and Gov’t Code §§ 38601(b) and 38660 construction

Inspection warrants Code of Civ. Proc. § 1822.50 et seq.

Manufactured housing and mobilehomes Health & Safety Code §§ 18000 et seq., 18200 et seq.

Signs Gov’t Code §§ 38774 and 65850(b); and Bus. & Prof. Code § 5200 et seq.

State Housing Law Health & Safety Code § 17910 et seq.

§ SR.120. Subdivisions.

Subject Reference

Subdivision Map Act Gov’t Code § 66410 et seq.

§ SR.130. Zoning.

Subject Reference

Family day care homes Health & Safety Code § 1597.30 et seq.

Local authority to regulate land use Gov’t Code § 65850

Local planning generally (“Planning and Gov’t Code § 65000 et seq. Zoning Law”)

Local zoning administration Gov’t Code § 65900 et seq.

Open-space zoning Gov’t Code § 65910 et seq.

Zoning fees and charges Gov’t Code § 66014

§ SR.140. Environment.

Subject Reference

Drought tolerant landscaping Gov’t Code § 53087.7

Online resource center—Municipal Water Code § 13383.9 stormwater permit compliance

Short-lived climate pollutants Health & Safety Code § 39730.5 et seq., and Pub. Res. Code § 42652 et seq.

The California Environmental Quality Act Pub. Res. Code § 21000 et seq.

Subject Reference

The California Noise Control Act of 1973 Health & Safety Code § 46000 et seq., and Gov’t Code § 65302(f)

Wildfire mitigation (electric utilities and Pub. Util. Code § 8387 electrical cooperatives)

Tables