§ 8.42.010. Certified unified program agency (CUPA).

A.

The city of Oakland ("city"), pursuant to the state of California Environmental Protection Agency's ("Cal EPA") approval of the city's application to serve as the certified unified program agency ("CUPA") for the city, assumes authority and responsibility for the administration and enforcement within the city of the unified hazardous waste and hazardous materials management regulatory program ("unified program") established by Chapter 6.11 of the California Health and Safety Code (section 25404, et seq.), (hereinafter referred to as the "Act") to consolidate the administration and enforcement of the six following hazardous materials management programs and ensure the coordination and consistency of any regulations adopted pursuant to such program requirements:

1.

Hazardous waste generator requirements (Chapter 6.5 of Health and Safety Code, Section 25100; et seq.);

2.

Aboveground storage tanks (spill prevention control and countermeasure plan only) (Health and Safety Code Section 25270.5(c));

3.

Underground storage tanks (Chapter 6.7 of Health and Safety Code, Section 25280; et seq.);

4.

Hazardous materials release response plans and inventories (commonly referred to as hazardous materials business plans ("HMBP")) (Chapter 6.95 of Health and Safety Code, Section 25501 et seq.);

5.

Requirements concerning acutely hazardous materials; (commonly referred to as accidental release prevention program ("CalARP")) (Chapter 6.95 of Health and Safety Code, Section 25531, et seq.); and

6.

State Uniform Fire Code requirements concerning, hazardous material management plans and inventories (Section 80.103 of the Uniform Fire Code as adopted by the State Fire Marshal pursuant to Health and Safety Code, Section 13143.9.).

B.

Pursuant to the Act, the city has exclusive, local jurisdiction within its boundaries to administer and enforce the requirements of the unified program. Notwithstanding any provision of this Chapter to the contrary, the Alameda County District Attorney shall continue to be responsible for any civil and criminal prosecution of violations of the requirements of the unified program, unless otherwise agreed to by the city and the county of Alameda in writing.

C.

The city's assumption of responsibility for the implementation of the unified program is in accordance with the Act and pursuant to that certain agreement dated January 28, 1997, between the city and the county of Alameda, entitled "Coordinating Agencies Agreement."

(Ord. 12057 § 1 (part), 1998)