ORDINANCE 1264ORDINANCE NO. 1264
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, ADDING CHAPTER 6.22 (UNIFIED
HAZARDOUS WASTE AND HAZARDOUS MATERIALS
MANAGEMENT REGULATORY PROGRAM) TO TITLE 6
(HEALTH AND SANITATION) OF THE EL SEGUNDO
MUNICIPAL CODE, AND DESIGNATING THE CITY MANAGER
OR HIS DESIGNEE AS THE CERTIFIED UNIFIED PROGRAM
AGENCY FOR A STATE - MANDATED UNDERGROUND
STORAGE TANK,REGULATORY PROGRAM.
WHEREAS, the legislature of the State of California has passed into law Senate Bill
1082 (Calderon Stats. 1993 C 418), which requires local governments to consolidate
environmental regulatory programs, coordinate with other environmental agencies, and
consistently enforce provisions of state regulation; and
WHEREAS, this legislation authorizes a city, by ordinance, to assume responsibility for
the implementation of the program within its boundaries in lieu of the county doing so by
mandate; and
WHEREAS, a city assuming this responsibility is required, prior to state certification, to
designate an agency to administer the program within the city and to notify the California
Environmental Protection Agency immediately thereof; and
WHEREAS, the City Council of the City of El Segundo finds it advantageous for the
City of El Segundo to assume responsibility for this program within its boundaries in
accordance with provisions of the' aforesaid Chapter 418; and
WHEREAS, the City Council of the City of El Segundo finds the City Manager of the
City of El Segundo or his designee to be appropriate for designation as the certified unified
program agency to implement, the program in this city.
follows:
NOW, THEREFORE, the City Council of the City of El Segundo does ordain as
Section 1. Chapter 6 22 (Unified Hazardous Waste and Hazardous Materials
Management Regulatory program) is hereby added to Title 6 (Health and Sanitation) of
the El Segundo Municipal Code, to read as follows:
SECTION 6.22,.010. UNDERGROUND STORAGE TANKS.
Pursuant to thy: provisions of the California Health and Safety Code, Chapter
6.11, Section '25404, and Chapter 6.7, Section 25283, the City of El Segundo
assumes enforcement responsibility for the implementation of Title 23, Division
3, Chapters 16 and 18 of the California Code of Regulations and Chapters 6.7
and 6.75 of the California Health and Safety Code. Chapter 16 and Chapter
6.7 relate to underground storage of hazardous materials. Chapter 18 and 6.75
relate to petroleum underground storage tank cleanup.
SECTION 6.22.020. PERMIT FEES
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Any person required by this chapter to have a permit or to pay fees related to
the underground storage of hazardous substances shall pay that amount as
designated in the City of El Segundo fee resolution, as may be amended by the
Council from time to time. In addition to the remedies set forth in the Health
and Safety Code, further remedies, fees or restitution authorized by the City of
El Segundo Municipal Code, not inconsistent with the State law, shall apply to
any violation of the State laws.
SECTION 2. Any provisions of the El Segundo Municipal Code, or appendices thereto,
or any other ordinances of the City inconsistent herewith to the extent of such
inconsistencies and no further, are repealed.
SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the ordinance. The City Council hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause, and phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
or phrases be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective upon State certification of the El
Segundo Certified Unified Program Agency (CUPA) application.
SECTION 5. This ordinance is required for the City of El Segundo to be eligible to
participate in the Unified Program created by Chapter 6.11. Delay in the adoption of
this ordinance could jeopardize the state's certification of the Unified Program that
includes the City of El Segundo.
SECTION 6. The City clerk shall certify to the passage and adoption of this ordinance;
shall cause the same to be entered in the book of original ordinances of said city; shall
make a minute of the passage and adoption thereof in the records of the meeting at
which the same is passed and adopted; and shall within fifteen days after the passage
and adoption thereof, :ause the same to be posted or published once in a weekly
newspaper of general circulation, published and circulated within said City of El
Segundo and which is hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this 4th day of February, 1997.
Sandra Jacobs, Maio/
of the City of El Sodndo,
ATTE,4TAED: California
�Zcir,4y Mortesen, City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D Hensley, City Attorney
cupa.ord
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Lora Freeman, Deputy City Clerk of the City of El Segundo, California, DO
HEREBY CERTIFY that the whole number of members of the City Council of the said
City is five; that the foregoing ordinance, being ORDINANCE NO. 1264 is a full, true
correct original of ORDINANCE NO. 1264 of the said City of El Segundo, California,
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, ADDING CHAPTER 6.22 (UNIFIED
HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT
REGULATORY PROGRAM) TO TITLE 6 (HEALTH AND SANITATION) OF
THE EL SEGUNDO MUNICIPAL CODE, AND DESIGNATING THE CITY
MANAGER OR HIS DESIGNEE AS THE CERTIFIED UNIFIED PROGRAM
AGENCY FOR A STATE - MANDATED UNDERGROUND STORAGE TANK
REGULATORY PROGRAM.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 4th DAY OF FEBRUARY. 1997, and the same was
so passed and adopted by the following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1264
was posted and /or published in the manner prescribed by law.
L RA FREEMAN
Deputy City Clerk of the
City of El Segundo, California
(SEAL)
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