HomeMy WebLinkAboutOrdinance 2062 N.C.S. 12/01/19971
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Introduced by
David Keller
ORDINANCE NO. 2062 N.C.S.
Seconded by
Jane Hamilton
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
ADDING CHAPTER 17.21, "CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)"
TO THE PETALUMA MUNICIPAL CODE AND AMENDING VARIOUS SECTIONS OF
CHAPTER 17.20 OF THE PETALUMA MUNICIPAL CODE TO CONFORM TO THE
PROVISIONS OF CHAPTER 17.21
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1.
Sections:
17.21.010
17.21.020
17.21.030
17.21.040
17.21.041
17.21.042
17.21.043
17.21.044
17.21.050
17.21.060
17.21.070
17.21.080
17.34.090
17.21.100
17.21.110
17.21.120
17.21.130
17.21.140
17.21.150
Chapter 17.21 is added to the Petaluma City Code to read as follows:
Chapter 17.21
CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)
Findings and Purpose
Definitions
Certified Unified Program Agency (CUPA)
Certified Unified Program Agency Permit Required
Application for a Certified Unified Program Agency Permit
Permit Transfer
Hazardous Materials - Permit to Cease Operation
Permit Suspension
Underground Tank Closure or Removal
Hazardous Materials Release Response Plans and Inventory (Business Plan)
Contents of Hazardous Materials Business Plans
Additional Reporting
Acutely Hazardous Materials Registration
Risk Management and Prevention Plan
Underground Storage Tanks
Hazardous Waste Generators and On -Site Treatment
Administrative Procedures; Public Inspection of Records
Trade Secrets and Confidential or Secret Information
Closure Work Plans and Closure Reports
Ord No. 2062 N.C.S. Page 1 of 20
1 17.21.151 Release of Hazardous Materials and/or Deleterious Materials
2 17.21.160 Response to Threatened or Actual Releases
3 17.21.170 Inspections
4 17.21.180 Fees
5 17.21.190 Denial, Suspension or Revocation of Permit
6 17.21.200 Enforcement - Authority
7 17.21.210 Violation - Civil and Criminal Penalties
8 17.21.220 Administrative Civil Penalties
9 17.21.230 Complaint and Administrative Hearing Procedure
10 17.21.240 Administrative Hearing
11 17.21.250 Dispute Resolution
12 17.21.260 Repeal of Conflicting Provisions
13 17.21.010 Findings and Purpose.
14
15 (A) The purpose of this chapter is to implement within the Petaluma Fire Department
16 all hazardous materials and hazardous waste programs covered under Health and Safety Code
17 Section 25404, et seq., "Unified Hazardous Waste and Hazardous Material Management
18 Regulatory Program." These programs include those programs described in subsection (C).
19
20 (B) The Petaluma Fire Department enforces the Hazardous Materials Management
21 Plan requirements of the Uniform Fire Code, and Health and Safety Code programs for
22 Hazardous Materials Business Plan and the Risk Management and Prevention Plan. New
23 programs in the Health and Safety Code to be undertaken by the Fire Department include
24 Hazardous Waste Generator, On -Site Treatment of Hazardous Waste (authorized lower three
25 tiers of the Tiered Permitting program), Underground Storage Tank, and Aboveground Storage
26 , Tank - Spill Prevention, Control and Countermeasure Plan. The purpose of this chapter is to
27 bring all hazardous material and hazardous waste regulatory authority and compliance
28 requirements within one ordinance.
29
30 (C) It is the intent of the Council that the Petaluma Fire Department as the Certified
31 Uniform Program Agency (CUPA) shall regulate and enforce all applicable provisions of law,
32 including:
33
34 (1) Hazardous Waste Control - Health and Safety Code Section 25100, et seq.
35 and California Code of Regulations, Title 22, Division 4.5.
36
37 (2) Underground Storage of Hazardous Substances - Health and Safety Code
38 Section 25280, et seq. and California Code of Regulations, Title 23, Division 3.
39
40 (3) Aboveground Storage of Petroleum - Health and Safety Code Section
41 25270, et seq.
42
43 (4) Hazardous Materials Release Response Plans and Inventory - Health and
44 Safety Code Section 25500, et seq. and California Code of Regulations, Title 19.
45
46 (5) Hazardous Materials Management Plan - Health and Safety Code Section
47 18935, et seq. and California Code of Regulations Section 80.103.
48
Ord No. 2062 N.C.S. Page 2 of 20
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(6) All other provisions of law enforceable by CUPA, including any
amendments to the statutes and regulations listed in (C)(1) through (C)(5).
(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.
17.21.020 Definitions.
In addition to the definitions incorporated by reference from the laws and regulations
listed in subsection 17.21.010(C), the following definitions shall apply to all CUPA program
elements under this chapter:
(A) "Business" means the entities listed in Health and Safety Code Sections 25501(d)
and 25501.4(a), including cities and special districts. All buildings, appurtenant structures, and
surrounding land used by a business are part of the business.
(B) "Certified Unified Program Agency" or "CUPA" means the Petaluma Fire
Department.
(C) "Environment" means navigable waters, waters of zones contiguous to any
navigable waters, streams, creeks, rivers, ponds, pools, lakes, surface waters, ground waters,
drinking water supplies, land surface, land subsurface strata, and ambient air.
(D) "Hazardous Material" or "Hazardous Waste" means any of the following:
(1) Any material classified as a hazardous material or hazardous substance by
any of the laws or regulations listed in subsection 17.2 1.01 O(C).
(2) Any waste classified as a hazardous waste by any of the laws or
regulations listed in subsection 17.21.010(C).
(3) Any material or waste designated as hazardous for the purposes of this
chapter by the Fire Chief, upon a finding that the material or waste, because of its quantity,
concentration or physical or chemical characteristics, poses a significant present or potential
hazard to human health and safety or to the environment, if released.
(E) "Permitted" means that a business has completed and submitted the necessary
permit forms and documentation, paid appropriate fees and is in reasonable compliance with
conditions of applicable program elements.
(F) "Person" means a natural person, any partnership, firm, trust, business, company,
limited liability company, corporation, any association, whether or not incorporated and whether
or not formed for profit, and governmental entities. "Person" includes, but is not limited to, the
City of Petaluma and any other city, any special district, any state and any department agency,
Ord No. 2062 N.C.S. Page 3 of 20
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instrumentality, or political subdivision of the State, intergovernmental bodies and agencies, and
the United States and its agencies and instrumentalities, to the extent permitted by law.
(G) Uniform Fire Code (UFC). Reference to the currently adopted UFC in Petaluma
Municipal Code Section 17.20.010.
(H) "Year" means fiscal year beginning July 1 and ending June 30.
17.21.030 Certified Unified Program Agency.
The CUPA shall administer and enforce hazardous materials and hazardous waste laws
and regulations pursuant to Section 17.21.010(C).
17.21.040 Certified Unified Program Agency Permit Required.
Any person intending to do or perform any of the following activities shall first apply for,
pay appropriate fees to and obtain a permit from the CUPA, unless otherwise exempted by a
provision of law or regulation listed in subsection 17.21.010(C) or by subsection 17.21.060(D):
(A) Permits are required to store, dispense, use or handle hazardous material in excess
of quantities specified in UFC Section 105.8, Tables 105A, 10513, 105C.
(B) A permit is required when a material is classified as having more than one hazard
category, whether waste or non -waste, if the quantity limits are exceeded in any category.
(C) Permits are required to install, repair, abandon, remove, place temporarily out of
service, close or substantially modify a storage facility or other area regulated by Article 80. See
also UFC Section 8001.11.
Exceptions:
(1) Routine maintenance.
(2) For work performed on an emergency basis, application for permit shall be made
within two working days of commencement of work.
(D) Permittee shall apply for approval to close storage, use or handling facilities at
least 30 days prior to the termination of the storage, use or handling of hazardous materials. Such
application shall include any change or alteration of the facility closure plan filed pursuant to
UFC Section 8001.11 and Petaluma Municipal Code Section 17.21.042. This 30-day period may
be waived by the Chief if there are special circumstances requiring such waiver.
(E) Store, handle or use hazardous materials, or generate hazardous wastes, or operate
underground tanks for storage of hazardous substances, either separately or in combination.
(F) Treat hazardous waste on -site under either the permit -by rule tier, conditional
authorized tier, or conditional exempt tier, unless such tiered permitting authority is under the
jurisdiction of the California Department of Toxic Substances Control.
Ord No. 2062 N.C.S. Page 4 of 20
2 (G) Construct, install, repair, modify, upgrade, temporarily close, remove or abandon
3 in place any underground storage tank system or install, operate, repair or modify pipelines,
4 equipment or facilities where flammable or combustible liquids are produced, processed,
5 dispensed, stored, handled or used. Applicant, for the installation of a tank, shall complete and
6 submit the full permit application consisting of a business plan; inventory statement; site plan;
7 floor plan; State Forms A and B; local permit and State surcharge fees.
8
9 (H) Store, handle, transport, dispense, mix, blend or use flammable or combustible
10 liquids in excess of quantities specified in UFC Section 105.
11
12 (I) Install, construct, alter or operate tank vehicles, equipment, tanks, plants,
13 terminals, wells, refineries and similar facilities where flammable and combustible liquids are
14 produced, processed, transported, stored, dispensed or used.
15
16 (J) Change the type of contents stored in a flammable or combustible liquid tank to a
17 material other than that for which the rank was designed and constructed.
18
19 (K) Any other activity, use, storage, or operation as may be deemed appropriate by the
20 Fire Chief may be included as part of the consolidated CUPA Permit issued to a person or
21 business.
22
23 For any of the activities identified in subsections (F) or (G), installation plans, work plans
24 and site safety and health plans may be required by the CUPA to be submitted for approval as
25 part of the application for permit, as required. A permit issued for the activities identified in
26 subsections (C), (D) or (G) shall be valid for six months from the date of issuance. For any
27 permit ,,:issued pursuant to other subsections, the date of expiration shall be determined by the
28 CUPA at the time the permit is issued.
29
30 17.21.041 Application for a Certified Unified Program Agency Permit.
31
32 (A) Application for a new, amended or renewed permit or an additional approval shall
33 be made to the CUPA on a form provided by the CUPA.
34
35 (B) A permit shall not be approved until the CUPA is satisfied that the person or
36 business adequately conforms to the provisions of this chapter and other applicable laws and
37 regulations.
38
39 (C) The CUPA shall issue a permit to store, handle or use hazardous materials or
40 hazardous wastes or treat hazardous waste on -site, or operate an underground storage tank
41 system when the following have been met:
42
43 (1) The permit application form as well as the Hazardous Materials Business
44 Plan has been completed and submitted by the applicant, reviewed by the CUPA and found to be
45 satisfactory;
46
Ord No. 2062 N.C.S. Page 5 of 20
1 (2) For underground storage tanks at a place of business, forms provided by
2 the CUPA must be completed and submitted by the applicant and reviewed by the CUPA and
3 found to be satisfactory;
4
5 (3) If hazardous wastes generated on site are being treated on -site and the
6 business falls under the permit -by -rule, conditional authorized tier or conditional exempt tier,
7 DTSC form 1772, or other approved form, must be completed and submitted by the applicant
8 and reviewed by the CUPA and found to be satisfactory, unless the tiered permitting authority is
9 under the jurisdiction of the California Department of Toxic Substances Control;
II
12 (4) The applicable fees, including the State surcharge, as referenced in Section
13 17.21.180 of this chapter, have been received by the CUPA;
14
15 (5) It appears that the applicable hazardous materials and hazardous waste
16 requirements and the requirements of this chapter will be met by the applicant.
17
18 (D) A permit to store, handle or use a hazardous material or hazardous waste or to
19 treat hazardous waste on -site, or to operate an underground storage tank system is not
20 transferable to another person, business or physical location.
21
22 (E) A permit issued pursuant to this chapter shall be posted or kept on file at the
23 permitted place of business. A copy of the approved Hazardous Materials Business Plan shall be
24 maintained at the place of business.
25
26 17.21.042 Permit Transfer.
27
28 (A) Except as provided in Subsection (B), no person shall own or operate a hazardous
29 materials storage facility unless a permit application for its operation has been submitted to the
30 CUPA. Any person who is to assume the ownership of a hazardous materials storage facility
31 from the previous owner shall complete an approved form accepting the obligations of the permit
32 and submit the completed form to the CUPA within thirty (30) days after ownership is
33 transferred. The CUPA may review and modify or terminate the transfer of the permit to operate
34 the premises, pursuant to the criteria specified in this chapter.
35
36 (B) Any person assuming ownership of a hazardous materials storage facility for
37 which a valid operating permit has been issued shall have thirty (30) days after the date of
38 assumption of ownership to apply for an operating permit pursuant to this chapter or, if accepting
39 a transferred permit, shall submit to the CUPA the completed form accepting the obligations of
40 the transferred permit as specified in Subdivision (A). During the period from the date of
41 application until the permit is issued or refused, the person shall not be held in violation of this
42 section.
43
44 17.21.043 Hazardous materials —Permit to cease operation.
45
46 No person shall permanently remove a hazardous materials storage premises from
47 service without first obtaining a permit to cease operation from the Fire Chief. The owner shall
48 provide a completed application which shall include, but may not be limited to, the age, type,
Ord No. 2062 N.C.S. Page 6 of 20
1 location, substance(s) stored, and the condition of the substances stored and the condition of the
2 storage facilities, with the required fee. The method of ceasing operation shall be in compliance
3 with State law and regulations of this chapter. A field inspection of the ceasing procedure is
4 required. Additional inspections may be required depending on the condition of the storage
5 system, whether soil or ground water contamination is suspected, and the method of destruction
6 of any storage tanks. A ceasing operation permit shall be valid for no longer than one year from
7 the date of issue. Where appropriate, a permit issued under Section 17.21.040 satisfies the
8 requirements of this Section.
9
10 17.21.044 Permit Suspension.
11
12 Whenever the CUPA finds that the suspension of a permit prior to a hearing for
13 regulatory action is necessary to protect the health or safety from an immediate threat to public
14 health or safety, the CUPA may immediately suspend any permit. The CUPA shall immediately
15 notify the permittee or designated 24-hour contact person of such suspension by any of the
16 following methods: (1) written notice of suspension mail certified, return receipt requested to the
17 owner or operator of the facility and to the persons shown on the latest equalized County tax roll
18 to be the owners of the real property on which the facility is located; (2) personal delivery of
19 written notice of suspension served upon an owner or operator of the facility; (3) posting notice
20 of suspension on the property and thereafter mailing a copy of the notice by first class mail,
21 postage pre -paid to the persons shown on the latest equalized County tax roll to be the owners of
22 the real property. Service in this manner is deemed complete at the time of mailing.
23
24 17.21.050 Underground tank closure or removal.
25
26 A Fire Department Hazardous Materials Closure Permit is required prior to permanent
27 closure or removal of an underground tank or change in an underground tank's permitted use in
28 accordance with the UFC Article 80, Sections 17.20.8001.3 and 17.20.8001.11 and the
29 following:
30
3l (A) At least 30 days before beginning either permanent closure or a change -in-service
32 under subsections (B) and (C) of this Section, or within another reasonable time period
33 determined by the Fire Department, owners and operators must notify the Fire Department of
34 their intent to permanently close or to make the change -in-service, unless such action is in
35 response to corrective action. The required assessment of the excavation zone must be performed
36 after notifying the Fire Department but before completion of the permanent closure or a change-
37 in-service.
38
39 (B) To permanently close a tank, owners and operators must empty and clean it by
4o removing all liquids and accumulated sludges. All tanks taken out of service permanently must
41 also be removed from the ground or, upon special approval from the Fire Department, filled with
42 an inert solid material.
43
44 (C) Continued use of an underground storage tank system to store a non -regulated
45 substance is considered a change -in-service. Before a change -in-service, owners and operators
46 must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site
47 assessment.
48
Ord No. 2062 N.C.S. Page 7 of 20
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(D) Before permanent closure or a change -in-service is completed, owners and
operators must measure for the presence of a release where contamination is most likely to be
present at the underground storage tank site. In selecting sample types, sample locations, and
measurement methods, owners and operators must consider the method of closure, the nature of
the stored substance, the type of backfill, the depth to ground water, and other factors appropriate
for identifying the presence of a release.
(E) If contaminated soils, contaminated ground water, or free product as a liquid or
vapor is discovered under subsection (A) of this Section, or by any other manner, owners and
operators must begin corrective action.
(F) Owners and operators must maintain records demonstrating compliance with
closure requirements under this regulation. The results of the excavation zone assessment must
be maintained for at least 3 years after completion of permanent closure of change -in-service in
one of the following ways:
(1) By the owners and operators who took the underground storage tank
system out of service;
(2) By the current owners and operators of the underground storage tank
system site.
(G) Where appropriate, a permit issued under Section 17.21.040 satisfies the
requirements of this Section.
1.7.21.060 Hazardous Materials Release Response Plans and Inventory (Business Plan).
(A) Any person or business who stores, handles or uses a hazardous material shall
annually, or more frequently, submit a completed Business Plan as directed by the CUPA. If at
the time of annual submittal there have been no changes in the types or quantities of Hazardous
Materials stored, handled or used, the submittal may be in the form of a certification page to that
effect.
(B) An amendment to the Business Plan shall be filed within thirty (30) days of any of
the following changes to the Business Plan:
(1) A change in the quantity of a previously reported hazardous material that
exceeds an increase or decrease of ten (10) percent or more of a hazardous material;
(2) The storage, handling or use of a previously undisclosed hazardous
material;
(3) Changes in any elements of the Business Plan required in Section
17.21.070 of this chapter;
chapter.
(4) Additional reporting requirements as specified in Section 17.21.080 of this
Ord No. 2062 N.C.S.
Page 8 of 20
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(C) The amendment to the Business Plan required by subsection (B) shall contain
only new information or information about a specific change and shall not require the resubmittal
of an entire Business Plan.
(D) Any business engaged exclusively in the following types of operation shall be
exempt from the permit process. A disclosure form may be required for record -keeping purposes
or baseline declaration of hazardous materials storage as determined by the CUPA.
(1) Hazardous materials contained solely in a consumer product for direct
distribution to, and use by, the general public is exempt from the Business Plan requirements
unless the CUPA has found, and has provided notice to the business handling the product, that
the handling of certain quantities of the product requires the submission of a Business Plan, or
any portion thereof, in response to public health, safety, or environmental concerns;
(2) Oxygen and nitrous oxide, ordinarily maintained by a physician, dentist,
podiatrist, veterinarian, or pharmacist, at his or her office or place or business, stored at each
office or place of business in quantities of not more than 1000 aggregate cubic feet at standard
temperature and pressure of each hazardous material;
(3) Certain inert compressed gases stored in quantities of not more than 6,000
cubic feet at standard temperature and pressure: air, carbon dioxide, helium, neon, and nitrogen.
(4) Compressed propane gas used solely for cooking, water heating and space
heating in quantities of not more than 125 gallons at standard temperature and pressure;
(5) Flammable liquids stored in approved safety containers in aggregate
quantities of 5 gallons or less. Flammable liquified gases 25 gallons or less, aggregate.
(6) Single Oxy/Acetylene welding tank assembly with no additional tanks
permitted in storage or use.
(E) When determined by the CUPA, Wholesale and Retail occupancies that store
amounts of hazardous materials in consumer packaging for direct sale to the general public may
be exempt from completing some portions of a Business Plan under the following conditions:
- Packages are not opened, used, mixed, or otherwise disturbed.
- The individual containers of nonflammable hazardous materials do not exceed 5
gallons or 100 pounds. UFC 8001.12.3.7.
- The aggregate amounts of flammable and combustible liquids do not exceed
exempted amounts listed in UFC Table 7902 B.
If a wholesale or retail occupancy qualifies for this exemption then only Range 1
reporting and fees are required.
Ord No. 2062 N.C.S. Page 9 of 20
I (F) The CUPA finds that exemptions set forth in subsection (D) are appropriate
2 because the hazardous materials and quantities exempted do not pose a present threat to human
3 health or the environment, considering their intended use and chemical properties.
4
5 17.21.070 Contents of Hazardous Materials Business Plans.
6
7 (A) The Hazardous Materials Business Plan shall include all elements of the Petaluma
8 Hazardous Materials Inventory Statement or the California State Hazardous Material Inventory
9 Form as specified in California Code of Regulations, Title 19, Section 2620, et seq.
10
11 (B) The Hazardous Materials Business Plan shall also include:
12
13 (1) Material Safety Data Sheets (MSDS) for each hazardous material.
14 However, MSDS to be submitted to the CUPA will be specified by the CUPA after review of the
15 Business Plan Inventory Statement;
16
17 (2) Names, addresses and telephone numbers of three persons capable of
18 assisting the CUPA during an emergency, one of whom shall be designated as the primary
19 emergency contact person;
20
21 (3) A detailed site diagram drawn to scale on 8`/2" x I V paper showing the
22 general land use within 500 feet of all property lines and the location of wells, storm and sewer
23 drains, open bodies of water, drainage canals, and flood plains;
24
25 (4) Methods of protection of outside storage areas from the weather;
26
27 (5) Total tonnage of hazardous waste generated per year and, if applicable,
28 treated on -site, separated according to waste stream;
29
30 (6) Other information as may be required by the CUPA.;
31
32 (7) A certification of the accuracy of submitted information.
33
34 (C) The Hazardous Materials Business Plan shall be submitted on the forms designed
35 by the CUPA and completed by the person or business.
36
37 (D) Requirements for certain information in the Business Plan may be waived by the
38 CUPA when such information is not reasonably necessary to meet the intent of this chapter.
39
40 17.21.080 Additional Reporting.
41
42 (A) If required by law, or by the CUPA upon review of the Business Plan, a schedule
43 and written inspection procedures for inspecting each hazardous materials or hazardous waste
44 storage facility and its related monitoring, safety, and emergency equipment, security devices,
45 operating and structural equipment for malfunctions and deterioration, operator's errors, poor
46 housekeeping practices, and unauthorized discharges of hazardous materials shall be submitted to
47 the CUPA. These inspections must be scheduled and conducted by the person or business at
48 appropriate frequencies either required by law or approved by the CUPA and must be recorded in
Ord No. 2062 N.C.S. Page 10 of 20
l an authorized check sheet or log to be maintained by the person or business on -site for three (3)
2 years from the date of inspection.
4 (B) Additional reporting may be required pursuant to Health and Safety Code Section
5 25531, et seq. regarding acutely hazardous materials, or other provisions of state law.
6
7 (C) Additional reporting may be required by the United States Environmental
8 Protection Agency.
9
10 (D) Any additional information required under this Section shall be subject to the
11 provisions of Section 17.21.050 of this chapter.
12
13 17.21.090 Acutely Hazardous Materials Registration.
14
15 A business that handles acutely hazardous materials (as defined in Health and Safety
16 Code Section 25532(a)) in amounts specified in Section 25536(a) of the Health and Safety Code
17 shall register with the CUPA using a form provided by the CUPA. The completed Acutely
18 Hazardous Materials Registration Form shall include, but not be limited to, the information
19 required by Health and Safety Code Section 25533.
20
21 17.21.100 Risk Management and Prevention Plan.
22
23 (A) A person or business that the CUPA determines to represent a significant
24 likelihood of risk, pursuant to Health and Safety Code Section 25534, shall prepare and submit to
25 the CUPA a Risk Management and Prevention Plan (RMPP). The RMPP shall be prepared as
26 prescribed in the Health and Safety Code Section 25500, et seq., Title 40, Code of Federal
27 Regulations, Part 68 and any guidance documents adopted by the CUPA.
28
29 (B) Any person or business shall submit to the CUPA, within one (1) year of written
30 request, the RMPP completed to the satisfaction of the CUPA.
31
32 17.21.110 Underground Storage Tanks.
.33
34 (A) It shall be unlawful for any person or business to construct, install, modify, repair,
35 upgrade, maintain, temporarily close, remove or abandon in place any underground storage tank,
36 any associated piping or any monitoring methods without first obtaining a CUPA permit and
37 approval from the CUPA. Permits are non -transferable and may be revoked for failure to
38 conform to the requirements of this chapter.
39
40 (B) The owner or operator shall complete an application for a permit to perform any
41 of the activities described in subsection (A). The application shall include, but may not be limited
42 to the information required on the application form for a permit to operate an underground
43 storage tank system pursuant to Health and Safety Code sections 25291 or 25292. Construction
44 drawings or plans shall be submitted to verify that the installation, upgrade, repair or change will
45 comply with the Health and Safety Code sections 25291 or 25292 and California Code of
46 Regulations, Title 23, Division 3, Chapter 16, Article 3. Any upgrade or changes to the tank
47 system must meet the minimum requirements of state law and federal law.
48
Ord No. 2062 N.C.S. Page 1 I of 20
I (C) A permit to temporarily close, abandon in place or remove an underground
2 storage tank or piping shall be obtained before the actual work is performed. An underground
3 tank closure form shall include assurance that applicable closure requirements as set forth in the
4 California Code of Regulations, Title 23, Division 3, Chapter 16, Article 7, will be met.
5
6 (D) If there is a release or suspected release from any underground storage tank
7 system, a person or business shall complete a written report pursuant to the California Code of
8 Regulations, Title 23, Division 3, Chapter 16, Article 5, Section 2652, submit it to the CUPA and
9 notify the North Coast Regional Water Quality Control Board.
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11 17.21.120 Hazardous Waste Generators and On -Site Treatment.
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13 (A) A person or business that generates hazardous waste shall complete a Hazardous
14 Materials Business Plan and CUPA permit application. The business shall be subject to the
15 requirements of Health and Safety Code Section 25100, et seq. and California Code of
16 Regulations, Title 22, Division 4.5.
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18 (B) A business that is regulated under the permit -by -rule, conditional authorized or
19 conditional exempt tier of Health and Safety Code Section 25100, et seq. shall be required to
20 complete a CUPA permit application as well as DTSC form 1772 or other approved form. The
21 business shall be subject to the requirements of Health and Safety Code Section 25100, et seq.
22 and California Code of Regulations, Title 22 Division 4.5.
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24 17.21.130 Administrative Procedures; Public Inspection of Records.
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26 (A) In addition to the provisions for Public Inspection contained in Health and Safety
27 Code Section 25500, et seq. the following shall apply:
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29 (1) Persons requesting information from any file containing a disclosure
30 form/permit or other public records filed under this chapter may do so anonymously. They shall
31 complete an application for the release of information. This application shall require the person
32 to disclose:
33 (a) The subject or description of files to be examined or requested to
34 be copied;
35
36 (b) The CUPA shall review the request to determine whether any of
37 the materials requested are exempt from disclosure under the provisions of Section 6254 of the
38 California Government Code, or of Section 17.21.140 of this chapter;
39
40 (c) If the request for information is pursuant to an ongoing
41 investigation by a government agency, the requesting agency may request that the business not
42 be notified of the request. If the business has claimed trade secret protection for any of the
43 information requested, the provisions of Section 17.21.140 shall apply to such information. A
44 copy of each application for release of information shall be retained in each file requested to be
45 viewed or copied, and shall become a public record subject to later disclosure.
46
Ord No. 2062 N.C.S. Page 12 of 20
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17.21.140 'Trade Secrets and Confidential or Secret Information.
The disclosure of trade secrets, or confidential information or information certified by an
appropriate official of the United States as necessary to be kept secret for national defense
purposes shall be governed by Health and Safety Code sections 25511 and 25538 and other
applicable law.
17.21.150 Closure Work Plan and Closure Report.
(A) Any person or business, which has previously been required to submit a
Hazardous Material Business Plan, shall obtain a permit and submit a closure work plan to the
CUPA at least 30 days prior to the closure, relocation, sale or exchange of the business and/or the
real property on which the business is located. The closure work plan shall be approved by the
CUPA before the removal of hazardous or potentially hazardous materials or hazardous wastes
from property prior to implementation.
(B) The closure work plan shall describe procedures for terminating the storage of
hazardous materials and/or hazardous wastes in each storage facility in a manner that:
(1) Eliminates or minimizes the need for further maintenance;
(2) Eliminates or minimizes any threat to public health, safety and the
environment from residual hazardous materials or hazardous wastes in the facility; and
(3) Demonstrates that the hazardous materials and/or hazardous wastes that
were stored in the facility will be removed, disposed, neutralized, or reused in an appropriate
manner.
(C) If underground storage tanks are also being closed, a separate tank closure permit
must be obtained from the CUPA and must be referenced in the overall closure plan.
(D) The closure work plan shall include:
(1) A completed Closure Form;
(2) A current inventory statement, and site maps. The Business Plan may be
used to satisfy this requirement;
(3) A description of the work to be performed to properly clean, inspect,
sample and close the facility. Sampling shall include provisions for independent, third party
analysis conducted by a professional geologist, civil engineer, engineering geologist, chemical
engineer, laboratory registered or certified by the State of California, or other such professional
as accepted by the CUPA, at the expense of the business owner;
(4) A description of disposal/handling methods for all hazardous materials and
hazardous wastes.
Ord No. 2062 N.C.S.
Page 13 of 20
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(E) A closure report must be submitted to the CUPA within 30 days of completion of
work outlined in the closure work plan. The closure report shall document:
(1) A description of the actions actually taken to close the facility;
(2) Manifests or other documents detailing the removal, disposal, or
neutralization of the hazardous materials and/or hazardous wastes;
(3) Sampling results and interpretation of the results;
(4) Clean-up levels for soils and groundwater affected by an unauthorized
release must be based on a risk assessment or another approved method. The person or business
must recommend target cleanup levels for long-term corrective action to the CUPA for approval.
The person or business must demonstrate to the CUPA that any proposed corrective action will
achieve current cleanup goals and will not produce any further degradation to the environment.
(F) If any business closes or relocates without submitting and implementing a closure
plan, in addition to any administrative, civil or criminal penalties, the property owner shall be
required to prepare and implement a closure plan prior to reoccupying the site in any manner,
either by owner or any other tenant.
(G) The CUPA may require a bond or other financial instrument to secure the
performance of the work plan.
17.21.151 Release of Hazardous Materials and/or Deleterious Materials.
(A) Hazardous materials and/or deleterious materials shall not be abandoned, buried
or released into any sewer, storm drain, ditch drainage canal, lake, river, tidal waterway or in or
upon any building, premises, ground, sidewalk, street, highway, alley or into the atmosphere.
Exceptions:
1. Materials intended for use in weed abatement, erosion control, soil amendment or
similar applications when applied in accordance with the manufacturer's instructions or
nationally recognized practices.
2. Materials released in accordance with federal, state or local governing regulations
or permits of the jurisdictional Air Quality Management Board, with a National Pollutant
Discharge Elimination System Permit, with waste discharge requirements established by
the jurisdictional Water Quality Control Board, or with local sewer pretreatment
requirements for Publicly Owned Treatment Works.
17.21.160 Response to Threatened or Actual Releases.
(A) If a threatened, or actual release of a hazardous material or hazardous waste
occurs in the absence of a business or property owner, the Fire Chief shall make a reasonable,
attempt to contact the business and/or property owner where the threatened or actual release has
occurred and shall require the immediate mitigation of the hazard.
Ord No. 2062 N.C.S. Page 14 of 20
2 (B) If there is no response or no contact is made with a business or property owner
3 within a reasonable time frame, the Fire Chief shall take mitigating action which may include,
4 but is not limited to hazard removal or relocation, clean-up, site evaluation, soil testing, and/or
5 chemical analysis.
6
7 (C) Any person or business with an ownership interest in the business or property on
8 or in which the threatened or actual release occurred shall pay the cost of responding to any
9 threatened, or actual release of any hazardous material and all damages and expenses incurred by
10 any public agency having jurisdiction or any public agency assisting the agency having
11 jurisdiction. Expenses shall include, but not be limited to, equipment and personnel and any
12 payments to outside business firms.
13
14 17.21.170 Inspections.
15
16 The CUPA may make periodic inspections of persons or businesses where hazardous
17 materials and/or hazardous waste is generated, stored, handled, disposed, treated or recycled, and
18 may inspect aboveground and underground storage tank systems and all persons or businesses
19 where the CUPA has reasonable cause to believe that hazardous materials or hazardous waste is
20 generated, stored, handled, disposed, treated, or recycled. Inspections may be made without prior
21 notice to the owner or operator of such business.
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23 17.21.180 Fees.
24
25 The Council shall establish fees for CUPA permits and for reviewing other CUPA
26 activities and shall include the State surcharge in the fees.
27
28 17.21.190 Denial, Suspension or Revocation of Permit.
29
30 (A) Any application to operate, construct, install, upgrade, repair, modify or
31 temporarily or permanently close a hazardous materials or hazardous waste facility, underground
32 storage tank system or above ground storage tank may be denied if it does not conform with
33 applicable laws, regulations and this chapter.
34
35 (B) Any permit issued pursuant to this chapter may be suspended or revoked for
36 cause. Cause shall be any violation of this chapter or any violation of the provisions of laws or
37 regulations listed in subsection 17.21.010(C).
38
39 (C) The suspension or revocation of a permit issued pursuant to this chapter, shall not
40 preclude the imposition of any other penalty prescribed by this chapter or the prosecution of any
41 violation of this chapter.
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43 17.21.200 Enforcement - Authority.
44
45 The CUPA is authorized to enforce all provisions of this chapter and to inspect all
46 activities which are regulated in this chapter for the purpose of determining compliance with this
47 chapter. No person shall obstruct or interfere with the CUPA inspector in the performance of
48 these duties. The CUPA inspector may issue citations for violations of this chapter.
Ord No. 2062 N.C.S. Page 15 of 20
2 17.21.210 Violation - Civil and Criminal Penalties.
3
4 (A) The City Attorney or the District Attorney may seek an order enjoining any acts
5 or practices that constitute or threaten to constitute a violation of this chapter and for the
6 reasonable costs of the CUPA in investigating and prosecuting the enforcement action.
7
8 (B) Any person or business that violates sections 17.21.060, 17.21.070, or 17.21.080
9 shall be subject to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for
10 each day in which the violation occurs. Violation of sections 17.21.060, 17.21.070, or 17.21.080
11 by a business, after notice of the violation has been given by the CUPA, shall be subject to a civil
12 penalty not to exceed five thousand dollars ($5,000) for each day the violation occurs. If the
13 violation results in, or significantly contributes to an emergency, including but not limited to a
14 sudden release, explosion or fire, the business shall also pay the full cost of the emergency
15 response by the Fire Department and the CUPA, including the cost of clean up and disposal of
16 the hazardous materials or hazardous wastes.
17
18 (C) Any person or business that violates sections 17.21.090 or 17.21.100 shall be
19 subject to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each day
20 in which the violation occurs. In the case of knowing violations of sections 17.21.090 or
21 17.21.100 after reasonable notice of the violation has been given by the CUPA, the civil penalty
22 shall not exceed twenty five thousand dollars ($25,000) for each day in which the violation
23 exists. In addition, in cases of knowing violations, the responsible person may, upon conviction,
24 also be punished by imprisonment in the County jail for not more than one year pursuant to
25 Health -and Safety Code Section 25540.
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27 (D) Any person or business that violates Section 17.21.110 shall be subject to a civil
28 penalty in an amount of not less than five hundred dollars ($500) and not to exceed five thousand
29 dollars ($5,000) for each underground storage tank for each day in which the violation occurs.
30
31 (E) In determining the amount of civil penalty to be imposed, the CUPA shall
32 consider all of the relevant circumstances, including but not limited to, the extent of the harm or
33 potential harm caused by the violation, the nature of the violation and the period of time over
34 which it occurred, the frequency of past violations, and the corrective action, if any, taken by the
35 person or business responsible for any activity subject to a permit.
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37 (F) Each day on which a violation exists or continues to exist shall be deemed a
38 separate violation.
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40 (G) The civil penalties authorized by this Section are in addition to the penalties
41 provided by Section 1.04.060, which shall apply to all violations of this chapter. In cases where
42 state law provides greater penalties than Section 1.04.060, the provisions of state law shall apply.
43
44 17.21.220 Administrative Civil Penalties.
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46 (A) Any person or business that fails to comply with sections 17.21.060, 17.21.070, or
47 17.21.080 shall be subject to an administrative civil penalty in an amount not to exceed two
48 thousand dollars ($2,000) for each day in which the violation occurs. Violation of sections
Ord No. 2062 N.C.S. Page 16 of 20
1 17.21.060, 17.21.070, or 17.21.080, after notice of the violation has been given by the CUPA,
2 shall be subject to an administrative civil penalty not to exceed five thousand dollars ($5,000) for
3 each day the violation occurs. If the violation results in, or significantly contributes to an
4 emergency, including but not limited to a fire or health or medical emergency requiring
5 toxicological, health, or medical consultation, the person or business shall also pay the full costs
6 of the emergency response by the Fire Department and the CUPA, county, city, local emergency
7 medical services agency, or poison control center, including the cost of clean up and disposal of
8 the hazardous materials, acutely hazardous materials or hazardous wastes.
9
10 (B) Any person or business who fails to comply with a written notice or order issued
11 by the CUPA pursuant to this chapter shall also be subject to an administrative civil penalty. If
12 the violation results in, or significantly contributes to an emergency, including but not limited to
13 a fire or health or medical problem requiring toxicological, health, or medical consultation, the
14 person or business shall also pay the full costs of the emergency response by the Fire
15 Department, the CUPA, county, city, local emergency medical services agency or poison control
16 center, as well as the cost of cleaning up and disposing of the hazardous materials or acutely
17 hazardous materials.
18
19 (C) A person or business shall not be subject to both an administrative civil penalty
20 and a civil penalty pursuant to Section 17.21.210 for the same violation on the same date.
21 However, a person or business may be subject both to an administrative civil penalty and
22 criminal prosecution as provided in Section 1.04.060 based on the same violation or violations.
23
24 (D) In determining the amount of the administrative civil penalty to be imposed
25 pursuant to Section 17.21.230, the CUPA shall consider the extent of harm caused by the
26 violation, the nature and persistence of the violation, the length of time over which the violation
27 occurred, the frequency of past violations, any action taken by the person or business to mitigate
28 the violation, and the financial burden that the administrative civil penalty would impose on the
29 person or business.
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31 (E) Payment of an administrative civil penalty shall not relieve a person or business
32 from the responsibility for correcting any violation of this chapter, or state law, or from
33 complying with a written notice or order issued by the CUPA, or from taking other corrective
34 action necessary to comply with this chapter.
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36 17.21.230 Complaint and Administrative Civil Penalty Hearing Procedure.
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38 This Section is intended to implement the provisions of Health and Safety Code Section 25514.6.
39 The CUPA shall comply with the following procedure in imposing an administrative civil
40 penalty:
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42 (1) The CUPA shall issue a written complaint to any person or business
43 subject to an administrative civil penalty under Section 17.21.220. The complaint shall allege the
44 acts or failures to act that are the basis for the administrative civil penalty and the proposed
45 amount of the administrative civil penalty. The complaint shall be served on the person or
46 business by personal service or certified mail, and shall inform the person or business being
47 served that a hearing shall be conducted by no later than sixty (60) days after service of the
48 complaint, unless the business waives the right to a hearing on the proposed penalty. The
Ord No. 2062 N.C.S. Page 17 of 20
I business shall request a hearing by written notice to the CUPA within ten (10) days after the
2 service of the complaint. The written request for hearing shall be served on the CUPA in person
3 or by first class mail. Failure by any person or business to respond within ten (10) shall be
4 deemed as a waiver of right to a hearing.
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6 (2) If the person or business served with the complaint waives the right to a
7 hearing, the CUPA shall issue an order requiring the person or business to pay the administrative
8 civil penalty in the amount specified in the complaint, unless the person or business and the
9 CUPA have entered into a settlement agreement, in which case the person or business shall pay
1 o the amount specified in the settlement agreement.
12 (3) The hearing on the proposed administrative civil penalty shall be heard by
13 the Fire Chief or a hearing officer designated by the Fire Chief.
14
15 (4) At the hearing, a representative of the CUPA shall set forth the facts which
16 justify the penalty, the applicable provisions of the ordinance, state law, or CUPA orders or
17 notices that have been violated, and the factors relied upon by the CUPA in setting the amount of
18 the proposed penalty.
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20 (5) The person or business may appear in person or by agent or legal counsel
21 and may present information relevant to the charges or the proposed penalty.
22
23 (6) In conducting the hearing, the Hearing Officer shall receive information,
24 evidence, and testimony relevant to the alleged violation and the penalty to be imposed. The
25 formal rules of evidence shall not apply, but evidence presented shall be of the type which
26 responsible persons are accustomed to rely on in the conduct of serious affairs.
27
28 (7) If the Hearing Officer determines that an administrative civil penalty is
29 justified, the Hearing Officer shall consider all of the relevant circumstances in setting the
3o amount of the penalty, including but not limited to the extent of the harm or potential harm
31 caused by the violation, the nature of the violation(s) and the period of time over which it
32 occurred, the frequency of past violations, and the corrective action, if any, taken by the person
33 or business that holds the permit.
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35 (8) The Hearing Officer shall issue its decision in writing no later than thirty
36 (30) days after the hearing. The written decision of the Hearing Officer shall include findings
37 which explain the basis for imposition of the administrative civil penalty and the amount of the
38 penalty and an order for payment of the penalty within thirty (30) days. Copies of the order shall
39 be served by personal service or certified mail upon the person or business served with the
40 complaint and upon any other persons who appeared at the hearing and requested a copy.
41
42 (9) Within thirty (30) days after service of a copy of the decision of the
43 Hearing Officer, the person or business may file with the superior court a petition for a writ of
44 mandate for review of the decision. If the person or business fails to file the petition within this
45 thirty (30) day period, it may not later challenge the reasonableness or validity of the Hearing
46 Officer's decision in any legal action brought by the CUPA to enforce the decision, or any order,
47 or to seek other legal remedies.
48
Ord No. 2062 N.C.S. Page 18 of 20
1 (10) All administrative civil penalties shall be paid within thirty (30) days of
2 the issuance of the Hearing Officer's decision and order. The filing of a writ of mandate shall not
3 stay the accrual of administrative civil penalties imposed by the Hearing Officer.
4
5 (11) This Section shall supplement any other legal remedies and shall not
6 preclude the CUPA from filing a civil or criminal action against the person or business to enforce
7 the ordinance or any orders or notices issued by the CUPA or to assess administrative civil
8 penalties. The decision of the hearing officer is final and may net be appealed to the Council.
9
10 17.21.240 Administrative Hearing.
11
12 (A) A person or business regulated under this chapter may request a hearing regarding
13 fees, written notices and orders of the CUPA, denial of permits, proposed suspension or
14 revocation of permits, and immediate suspension of permits to operate.
15
16 (B) The person or business may request a hearing in writing addressed to the Fire
17 Chief within ten (10) days after the action. The Fire Chief shall set a date for the hearing within
18 30 days after receipt of the written request. Notice of the time and place of the hearing shall be
19 mailed to the appellant no later than 15 days before the date set for the hearing by first class mail.
20 The Fire Chief may request the appellant to produce specific records at such hearing and the
21 notice may designate records required to be produced.
22
23 (C) At the Hearing, a representative of the CUPA shall set forth facts and the
24 applicable statutes, regulations or provisions of this chapter which are applicable and information
25 concerning how fees have been determined.
26
27 (D) The appellant may appear in person or by agent or legal counsel and may present
28 such evidence as may be relevant.
29
30 (E) In conducting the hearing, the Hearing Officer shall receive such information,
31 evidence, and testimony as is relevant to the alleged violation, and the formal rules of evidence
32 shall not apply but evidence shall be of the type upon which responsible persons are accustomed
33 to rely in the conduct of serious affairs.
34
35 (F) The Hearing Officer shall render the decision within fourteen (14) days after the
36 hearing and a copy of the written decision including findings shall be sent to the appellant by
37 first class mail.
38
39 (G) The decision of the Hearing Officer may be appealed to the Council. Appeals
40 shall be filed within 14 calendar days of the decision of the Fire Chief, or his designated hearing
41 officer.
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43 17.21.250 Dispute Resolution.
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45 Mediation of disputes or peer review may be held pursuant to procedures adopted by the
46 CUPA.
47
Ord No. 2062 N.C.S. Page 19 of 20
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17.21.260 Conflicting Provisions.
It is the intent of this chapter to regulate the storage, handling, use and management of
hazardous materials or substances unless specifically preempted by State or Federal law. This chapter is
not intended, and shall not be construed, to apply to any substance or activity which is preempted by
Federal or State law or to the extent that such application would unduly interfere with the achievement of
Federal or State regulatory activities. It is the intention of the City Council that this ordinance shall be
interpreted to be compatible with Federal and State enactments and in furtherance of the public purposes
which those enactments express.
If a conflict exists between this chapter and provisions of the Health and Safety Code and
California Code of Regulations, Title 24, Part 9, the most restrictive provisions shall prevail."
Section 2. Sections 17.20.070.8001.3.2, 17.20.8001.3.3, 17.20.8001.5.1, 17.20.8001.5.2.1.1 of
the Petaluma Municipal Code are deleted.
Section 3. Severability. If any Section, 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
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.
Section 4. Environmental Determination. The Council finds that the adoption and
implementation of this ordinance are exempt from the provisions of the California Environmental
Quality Act in that the Council finds there is no possibility that the implementation of this ordinance may
have significant adverse effects on the environment.
IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be
unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and
adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said
provisions be declared unconstitutional.
INTRODUCED and ordered Posted/s#ed this 17th day of November 1997.
ADOPTED this 1 st day of December 1997, by the following vote:
AYES: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
4J .4 Lt-tt� I d:��
City Clerk DEPUTY CITY CLERK
Ord No. 206
Mayor