CC Resolution 7943RESOLUTION N0. 7943
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL CONDITIONALLY AFFIRMING ITS
ASSUMPTION OF RESPONSIBILITY FOR THE IMPLEMENTATION
OF CHAPTER 6.7 OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the City has regulated the underground storage of
hazardous substances in its jurisdiction since adoption of its
Hazardous Materials Storage Permit Ordinance in 1983; and
WHEREAS, the City has been exempt since 1983 from implementing
Chapter 6.7 of the California Health and Safety Code, the State's
program for regulating the underground storage of hazardous substances;
and
WHEREAS, in 1989 the California State Legislature enacted AB 1030
which was prompted by the Environmental Protection Agency's adoption of
regulations implementing the Hazardous and Solid Waste Amendments to
the Resource Conservation and Recovery Act (42 U.S.C. 6991 et seq.);
and
WHEREAS, the City desires to continue the regulation of underground
storage of hazardous substances in its jurisdiction by assuming
responsibility for implementing Chapter 6.7 of the California Health
and Safety Code; and
WHEREAS, the City does not desire to assume responsibility for
enforcement of Chapter 6.95 of Division 20 of the California Health and
Safety Code, for which the County of Santa Clara currently bears
responsibility;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAMPBELL as follows:
1. The City of Campbell hereby notifies the County of Santa Clara
of its intention to continue to assume responsibility for implementing
Chapter 6.7 "Underground Storage of Hazardous Substances" of Division
20 of the California Health and Safety Cade, subject to the terms and
conditions set forth in the Agreement attached hereto as Exhibit A, and
made a part hereof;
2. The Mayor of Campbell is hereby authorized to execute an
agreement with the County of Santa Clara which substantially conforms
to the terms and conditions of Exhibit A;
3. If the County of Santa Clara fails to agree to the terms and
conditions set forth in Exhibit A, the City hereby indicates its
intention to relinquish its responsibility for enforcement of Chapter
6.7 "Underground Storage of Hazardous Substances" of Division 20 of the
Health and Safety Code to the County of Santa Clara.
PASSED AND ADOPTED this 25th day of June, 1990, by the following roll
call vote:
AYES: Councilmembers: Kotowski, Watson, Conant, Burr, Ashworth
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
n J. Ashworth, Mayor
ATTEST:
Barbara Olsasky, City Clerk
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