HomeMy WebLinkAboutOrdinance 1578 (Hazardous Materials Underground Storage)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -Officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance NO. 1578 entitled:
AN ORDINANCE OF THECITY OF SAN RAFAEL AMENDING TITLE 4
OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY
ADDING CHAPTER 4.16 RELATING TO THE UNDERGROUND STORAGE
OF HAZARDOUS MATERIALS"
is a true and correct copy of an ordinance of said City and was
introduced at a REGULAR meeting of the City Council of the City
of San Rafael, held on the Sixth day of November ,
19 89 , published as required by City Charter in the
MARIN INDEPENDENT JOURNAL , a newspaper published
in the City of San Rafael and passed and adopted as an ordinance
of said City at a REGULAR meeting of the City Council of said
City held on the 20th day of November 01 19 89
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Shippey
WITNESS my hand and the official seal
of the City of San Rafael this
21st day of November
19 89
JEANteiX.. LEONCINI, ity Clerk
ORDINANCE NO.1578
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
TITLE 4 OF THE MUNICIPAL CODE OF THE
CITY OF SAN RAFAEL BY ADDING CHAPTER 4.16
RELATING TO THE UNDERGROUND STORAGE
OF HAZARDOUS MATERIALS
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
Division 1. Title 4, Chapter 4.16 of the Municipal Code of the
City of San Rafael is hereby added and shall read as follows:
Chapter 4.16 Underground Storage of Hazardous Materials
Section 4.16.010 Purpose
4.16.020 Adoption of State Law and Regulations by
Reference
4.16.030 Enforcement of State Law and Regulations
4.16.040 Permits Required
4.16.050 Fees
4.16.060 Violations, Penalties
4.16.010 Purpose. The Council hereby finds and declares that:
A. The storage of hazardous materials in underground tanks may
be hazardous to individuals who live and work in the City.
B. The City of San Rafael Fire Department already regulates
certain areas of the underground storage of hazardous materials through the
Uniform Fire Code and/or the City Hazardous Material Disclosure Ordinance.
C. The State government has required counties to administer the
State Underground Storage of Hazardous Substances Law but allows cities to
administer the program within their jurisdictions.
D. The City Council intends, through the adoption of this
ordinance, to administer the State Underground Tank Storage Program.
E. It is further the intent of the Council that the San Rafael
Fire Department shall enforce the program.
4.16.020 Adoption of State Law and Reaulations by Reference.
A. The City of San Rafael hereby adopts, by reference, as if
fully set forth herein the provisions of Chapter 6.7 of Division 20 of the
State of California Health and Safety Code, Section 25280 through and
including Section 25299.6. The provisions of this section are subject to
change without notice and without action by the City, and shall become
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ORDINANCE NO. 1578
effective whenever the State Legislature's amendments to Chapter 6.7 of
Division 20 of the State Health and Safety Code become effective.
B. The City of San Rafael hereby adopts, by reference, as if
fully set forth herein the regulations promulgated by the California State
Water Resources Control Board and found in Subchapter 16 of Chapter 3 of
Title 23 of the California Code of Regulation, Section 2610 through and
including Section 2714. The provisions of this section are subject to change
without notice and without action by the City, and shall become effective,
whenever the State Water Resources Control Board's amendments to Subchapter
16 of Chapter 3 of Title 23 of the California Code of Regulations become
effective.
4.16.030 Enforcement Authoritv for State Law and Reaulations.
Pursuant to Section 25283 of the California State Health and Safety Code the
City of San Rafael hereby assumes responsibility for the enforcement of the
State Underground Storage of Hazardous Substances Law as adopted by reference
in Section 4.16.020 of this Chapter. Further the City Council of the City
of San Rafael hereby designates the City of San Rafael Fire Department as the
local agency responsible for the administration and enforcement of said law.
4.16.040 Required Permits.
In addition to any permits required by the Uniform Fire Code as adopted in
Chapter 4.08 or by the City of San Rafael's Hazardous Materials Disclosure
Law set forth in Municipal Code Chapter 4.12, it shall be unlawful for a
person to construct, install, modify, repair, maintain or abandon any
underground storage tank, any associated piping or any monitoring methods or
for any person to implement remediation plans as required in Section 4.16.020
without first obtaining a permit and approval from the Fire Department.
Permits are non -transferable and may be revoked for failure to conform to the
requirements of this Chapter.
4.16.050 Fees.
A. Pursuant to Chapter 6.7 of the State Health and Safety Code
there will be annual registration fees required based on the Fire Department
hourly charge including salary, fringe benefits, and overhead costs. The
registration fee is due and payable January 2 of every calendar year.
1. Fee for one tank = 3 hours.
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ORDINANCE NO. 1578
2.
Fee for each
additional
tank on the same site = 2 hours.
3.
If the actual
time spent
on inspection and record reviews
exceed the time frame above, the Fire Department will charge for the actual
time.
B. For all other permits and for the investigation of suspected
leaks the Fire Department shall charge fees for the actual time spent in
reviewing plans and conducting on-site inspections. The fees will be for
one hour minimum and to the nearest 1/4 (quarter) hour including salary,
fringe benefits, and overhead costs. The Fire Department shall also charge
for actual expenses incurred for outside services plus overhead.
C. The State of California may have fees that are required to be
collected by the City and forwarded to the State. These fees would be above
and beyond those collected for the City's purposes.
4.16.060 Violations: Penalties.
The Violations and Penalties as set forth in Section 25299 of the State
Health and Safety Code are hereby specifically adopted.
DIVISION 2. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction,_ such
decision shall not affect the validity of the remaining portions of the
ordinance. The Council hereby declares that it would have passed each and
every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of this ordinance
would be subsequently declared invalid or unconstitutional.
DIVISION 3. This ordinance shall be published once in full before
its final passage in a newspaper of general circulation, published and
circulated in the City of San Rafael, and shall be in full force and effect
thirty (30) days after its final passage.
ATTEST:
JEA, I. LE&INI,, Ci y Clerk
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LAWRENCE E. MULRYAN,€ayor
The foregoing Ordinance No. 1578 was read and introduced
at a Regular meeting of the City Council of the City of San Rafael,
held on the 6th day of November 1989, and ordered passed
to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer and Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San
Rafael at a Regular meeting of the Council to be held on the
20th day of November , 1989.
JE M. LEONCIN , City Clerk
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