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A. The purpose of this chapter is to implement within the Petaluma Fire Department all hazardous materials and hazardous waste programs covered under Health and Safety Code Section 25404, et seq., "Unified Hazardous Waste and Hazardous Material Management Regulatory Program." These programs include those programs described in subsection C.

B. The Petaluma Fire Department enforces the Hazardous Materials Management Plan requirements of the Uniform Fire Code, and Health and Safety Code programs for Hazardous Materials Business Plan and the Risk Management and Prevention Plan. New programs in the Health and Safety Code to be undertaken by the fire department include Hazardous Waste Generator, On-Site Treatment of Hazardous Waste (authorized lower three tiers of the Tiered Permitting program), Underground Storage Tank, and Aboveground Storage Tank—Spill Prevention, Control and Countermeasure Plan. The purpose of this chapter is to bring all hazardous material and hazardous waste regulatory authority and compliance requirements within one ordinance.

C. It is the intent of the council that the Petaluma Fire Department as the Certified Unified Program Agency (CUPA) shall regulate and enforce all applicable provisions of law, including:

1. Hazardous Waste Control—Health and Safety Code Section 25100, et seq. and California Code of Regulations, Title 22, Division 4.5.

2. Underground Storage of Hazardous Substances—Health and Safety Code Section 25280, et seq. and California Code of Regulations, Title 23, Division 3.

3. Aboveground Storage of Petroleum—Health and Safety Code Section 25270, et seq.

4. Hazardous Materials Release Response Plans and Inventory—Health and Safety Code Section 25500, et seq. and California Code of Regulations, Title 19.

5. Hazardous Materials Management Plan—Health and Safety Code Section 18935, et seq. and California Code of Regulations Section 80.103.

6. All other provisions of law enforceable by CUPA, including any amendments to the statutes and regulations listed in subsections (C)(1) through (C)(5) of this section.

7. Uniform Fire Code Article 80 as adopted in the Petaluma Municipal Code.

D. It is the intent of the CUPA to utilize all resources available to gain compliance which may include, but is not limited to, civil, criminal and administrative actions and penalties.

E. It is the intent of this chapter to be no less stringent than state law.

(Ord. 2062 NCS §1 (part), 1997.)