Ordinance No. 1044
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ORDINANCE NO. 1044
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, BY AMENDING SECTIONS 13.27,
13.43, 13.46, 13.49 AND 13.51, AND BY ADDING
ARTICLE VI TO CHAPTER 13 OF SAID CODE REGARDING A
CERTIFIED UNIFIED PROGRAM AGENCY AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
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WHEREAS, California Health and Safety Code, Division 20,
Chapter 6.11 (S 25404, et seg.) provides for a "unified hazardous
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waste and hazardous materials management regulatory program" within
the State of California pursuant to which the city of Vernon can be
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authorized to act as a "certified unified program agency" (CUPA) to
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enforce specified programs; and
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WHEREAS, the City Council of the City of Vernon by
Resolution No. 6719 adopted on December 5, 1995, approved the filing
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of an application for the city to become a CUPA for the purpose of
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providing a single unified inspection program under the California
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Health and Safety Code for hazardous substances, materials, and
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waste and for enforcement of specified chapters in the California
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Health and Safety Code; and
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WHEREAS, as conditions to approving said application, the
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State Water Resources Control Board has requested that the city (1)
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adopt an ordinance amendment authorizing enforcement of Chapter 6.7,
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Underground Storage of Hazardous Substances, of the California
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Health and Safety Code, and (2) eliminate the provision in section
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13.46 of the Vernon City Code which authorizes categorical variances
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from said program; and
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WHEREAS, SS 25404(c) and 25404.2(a)(2) and (3) of the
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California Health and Safety Code authorize a CUPA to enforce, among
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1 other provisions, Chapters 6.5, 6.7 and 6.95 of Division 20; and
2 WHEREAS, specified sections of the Health and Safety Code
3 (SS 25299.25, 25281(h), and 25299.36) authorize a CUPA to take
4 corrective action pursuant to Chapter 6.75 of Division 20; and
5 WHEREAS, section 13.49 of the Code of the City of Vernon
6 needs to be corrected since it adopted by reference requirements of
7 said Chapters 6.5 and 6.95, but failed to refer to said Division 20
8 or to specify the pertinent California Health and Safety Code
9 sections; and
10 WHEREAS, designation of the city of Vernon as a CUPA by the
11 State of California will protect the health, safety and welfare of
12 the public by authorizing city departments to implement a single
13 unified inspection and enforcement program for said Chapter 6.5
14 pertaining to Hazardous Waste Control, Chapter 6.7 pertaining to
15 Underground Storage of Hazardous Substances, Chapter 6.75 pertaining
16 to Petroleum Underground Storage Tank Cleanup, and Chapter 6.95,
17 Hazardous Materials Release Response Plans and Inventory, subject to
18 certain exclusions and additions set forth in California Health and
19 Safety Code S 25404(c); and
20 WHEREAS, such a single unified inspection and enforcement
21 program will benefit businesses and industries in the city of Vernon
22 by simplifying the permit procedure for such activities; and
23 WHEREAS, certain related provisions in Chapter 13 contain
24 cross-references to statutes which have been renumbered or repealed,
25 have typographical or other minor errors which need to be corrected,
26 or include provisions which need to be clarified; and
27 WHEREAS, the Director of Environmental Health has
28 recommended that the changes set forth herein be made.
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THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
amends Vernon City Code section 13.27(d) which defines "Hazardous
substance" to read as set forth below. The balance of section 13.27
shall remain unchanged.
Seo. 13.27. Definitions.
(d) "Hazardous substance" means any substance defined as
hazardous in section 25281(g) of the California Health and Safety
Code.
SECTION 3: The City Council of the City of Vernon hereby
amends Vernon City Code section 13.43, "Storage of Motor Fuels," to
read as follows:
Seo. 13.43. storage of motor vehiole fuels.
The storage of motor vehicle fuels in underground tanks
shall be subject to the same requirements of this article as
any other hazardous substance stored in underground tanks
within the City of Vernon.
SECTION 4: The city council of the City of Vernon hereby
amends Vernon City Code section 13.46, "Categorical Variances," to
read as follows:
Sec. 13.46. State law adopted by reference.
The city council of the City of Vernon hereby adopts by
reference the requirements of (a) the Underground Storage of
Hazardous Substances law, Chapter 6.7 of Division 20
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1 (commencing with section 25280) of the California Health and
2 Safety Code, and (b) Chapter 16 of Division 3, Title 23 of the
3 California Code of Regulations pertaining thereto.
4 SECTION 5: The City Council of the City of Vernon hereby
5 amends Vernon City Code section 13.49 to read as follows:
6 Sec. 13.49. state law adopted by referenoe.
7 The city council of the City of Vernon hereby adopts
8 by reference (a) the requirements of the State Hazardous
9 Waste Control law, Chapter 6.5 of Division 20 (commencing
10 with section 25100) of the California Health and Safety
11 Code, (b) the minimum standards for the management of
12 hazardous and extremely hazardous waste as specified in
13 Division 4.5, Title 22 of the California Code of
14 Regulations; and (c) the requirements for the Hazardous
15 Materials Release Response Plans and Inventory Law,
16 Chapter 6.95 of Division 20 (commencing with section
17 25500) of the California Health and Safety Code.
18 SECTION 6: The city Council of the City of Vernon hereby
19 amends Vernon city Code Section 13.51, "Enforcement responsibility"
20 specifically subparagraph (a), to read as set forth below. The
21 balance of section 13.51 shall remain unchanged.
22 Sec. 13.51. Enforcement responsibility.
23 (a) It shall be the duty of the health officer to enforce
24 provisions of the California Health and Safety Code, the
25 minimum standards, of the California Code of Regulations, as
26 set forth in section 13.49 hereof, and any additional
27 requirements specified in this article; . . .
28 SECTION 7: The City Council of the City of Vernon hereby
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1 amends Chapter 13 of the Code of the City of Vernon by adding
2 Article VI, "Certified unified Program Agency," and Sections 13.85
3 and 13.86 and 13.87, to read as follows:
4 Article VI. Certified Unified Program Agency
5 Sec. 13.85. Certified unified program agency.
6 To the extent that the City of Vernon is designated a
7 certified unified program agency pursuant to the
8 provisions of Chapter 6.11 of the California Health and
9 Safety Code (commencing with section 25404), the city
10 shall implement this Article VI. If the City of Vernon is
11 not designated a certified unified program agency, or if
12 such designation is withdrawn, this article shall have no
13 force or effect.
14 Sec. 13.86. Same--Unified inspection program.
15 The health officer shall implement the provisions of
16 section 25404.2 of the California Health and Safety Code,
17 including but not limited to a single unified inspection and
18 enforcement program for Chapter 6.5 (commencing with section
19 25100), Chapter 6.7 (commencing with section 25280), and
20 Chapter 6.95 (commencing with section 25500) of Division 20 of
21 the California Health and Safety Code, any provisions of the
22 California Code of Regulations pertaining thereto, and any
23 other section, chapter, or provision authorized by law.
24 Sec. 13.87. Same--Corrective action program.
25 The health officer shall implement the provisions of
26 section 25299.36 of the California Health and Safety Code,
27 including but not limited to corrective action under Chapter
28 6.75 (commencing with section 25299.10) of Division 20 of the
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1 California Health and Safety Code pertaining to petroleum
2 underground storage tank cleanup.
3 SECTION 8: Any ordinance, part of an ordinance, or code
4 section in conflict with this Ordinance is hereby repealed.
5 SECTION 9: If any section, subsection, sentence, clause,
6 or phrase or word of this ordinance is for any reason held to be
7 void or unconstitutional, such decision shall not affect the
8 validity of the remaining portions of this ordinance; it being the
9 intention of the city Council of the City of Vernon to adopt and
10 pass this ordinance and each section, subsection, sentence, clause
11 or phrase thereof irrespective of the fact that one or more of the
12 sections, subsections, clauses, sentences or phrases thereof may be
13 declared void or unconstitutional.
14 SECTION 10: There being no newspaper printed, published or
15 circulated in the City of Vernon, the City Clerk is hereby directed
16 to certify to the passage of this ordinance and shall post the same,
17 or cause the same to be posted, within fifteen (15) days after its
18 passage in accordance with section 36933 of the Government Code, in
19 three (3) of the most public places in the City of Vernon, to wit:
20 the northwest corner of 38th Street and Santa Fe Avenue, the
21 northeast corner of Leonis Boulevard and Pacific Boulevard, and on
22 the bulletin board in the lobby of the City Hall of said city,
23 located at 4305 Santa Fe Avenue, all in the City of Vernon, County
24 of Los Angeles, State of California.
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SECTION 11 :
This ordinance shall be in full force and
2 effect thirty (30) days from and after its passage of the same.
3 APPROVED AND ADOPTED this ~ day Ofd~/~~ 1996.
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ATTEST ~
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
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do hereby certify that the foregoing Ordinance, being Ordinance No.
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1044, was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Tuesday, November 19,
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1996, and thereafter finally adopted at a regular meeting of said
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City Council held on Tuesday, December 3 , 1996, and thereafter was
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duly signed by the Mayor of the city of Vernon, by the following
vote:
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AYES: 5
Councilmen: Malburg, Ybarra, Davis,
Gonzales, McCormick
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NOES: 0
Councilmen: None
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ABSENT: 0
Councilmen: None
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BRUCE V. MALKENHORST, City Clerk
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( SE.~L)
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 26th day of December,
1996, have posted three (3) copies of:
ORDINANCE NO. 1044
One in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Blvd. and Pacific Blvd; and on the bulletin board in the
lobby of the City Hall of the City of Vernon located at 4305 Santa
Fe Avenue, all in said City, there being no newspaper of general
circulation printed and published in the City of Vernon.
Date:
12/26/96
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~C0~ .~, (/u?~~~CJ
Gloria J. Or-6sco
Chief Deputy City Clerk
State of California )
) ss
County of Los Angeles)
On ~~"'-)PCK ~l.", I. q q lc, be f ore me,
,-S\-.C\.RCl v,- L. 'f) ~,,-c\-<. \....) <'I'K.-R
personally appeared G\oR.7,<A.. :S-, Cl~ccco
(same of signatory)
personally known to me (or known to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity, and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal
I~ ~ ~ ~ ~':;"~L~~ ~f
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.. . Notary II\Mc - CaIfoInIa
LOS ANGElES COUN1V ..
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