8.12.010 - State hazardous materials law.

The city of Oakland ("city") assumes the authority and responsibility for the implementation of Chapter 6.95 ("Chapter 6.95") of the California Health and Safety Code (Health and Safety Code Section 25500 et seq.), as to the handling of the hazardous materials in the city. Pursuant to Section 25502 of Chapter 6.95, the city shall have exclusive jurisdiction within its boundaries for the purposes of carrying out Chapter 6.95.

Notwithstanding any other provision of this chapter, the Alameda County District Attorney shall continue to be responsible for any civil and criminal prosecution of Chapter 6.95 violations, unless otherwise agreed to by the city and county of Alameda in writing.

The city's assumption of responsibility for the implementation of Chapter 6.95 is in accordance with Section 25502 of Chapter 6.95 and pursuant to that certain agreement dated November 1, 1994 between the city and the county of Alameda, entitled "Memorandum of Understanding Hazardous Materials, Community Right to Know Law Enforcement Agreement."

(Prior code § 2-12.01)

8.12.020 - Adoption of provisions of Chapter 6.95.

The city adopts and incorporates by reference as if fully set forth herein, the provisions of Chapter 6.95, as they may be amended from time to time.

(Prior code § 2-12.02)

8.12.030 - Enforcement responsibility—Delegation of authority.

In accordance with Section 25502(b) of Chapter 6.95, the Office of Fire Services ("Fire Department") is designated as the administering department responsible for the administration and enforcement of the provisions of Chapter 6.95 and this chapter. The City Manager delegates to the Fire Chief of the Fire Department the authority to take any and all actions that may be necessary for the Fire Department to administer and enforce Chapter 6.95 and this chapter. All city employees designated by the Fire Chief and authorized to make such inspections and take any actions on behalf of the Fire Chief as may be required to administer and enforce the provisions of Chapter 6.95 and this chapter.

(Prior code § 2-12.03)

8.12.040 - Fees.

In accordance with Sections 25513 and 25535.2 of Chapter 6.95, as they may be amended from time to time, the city upon a majority vote of the City Council shall adopt and maintain a schedule of fees in the city's master fee schedule to be collected from each business within the city that is required to submit a business plan and from each business within the city which may be required to submit a Risk Management and Prevention Program ("RMMP") under Chapter 6.95. The City Council may provide for waiver of fees when a business, as defined in Section 25501.4 of Chapter 6.95 submits a business plan or an RMMP.

(Prior code § 2-12.04)

8.12.050 - Civil penalties and remedies for violations.

A.

Businesses shall be civilly liable to the city in the amounts specified in Chapter 6.95 for violations of Chapter 6.95 and this chapter. (See Chapter 6.95 Sections 25514, 25514.5 and 25540.)

B.

Civil actions brought under Chapter 6.95 and this chapter shall be prosecuted in accordance with the provisions of Chapter 6.95 and this chapter.

(Prior code § 2-12.05)

8.12.060 - Criminal penalties for violations.

A.

Pursuant to Section 25514.3 of Chapter 6.95, persons who violate the provisions of Chapter 6.95 specified therein, after reasonable notice of violation shall, upon conviction, be guilty of a misdemeanor. The criminal penalties set forth in Section 25514.3 of Chapter 6.95 do not preempt any other applicable criminal or civil penalties.

B.

In accordance with Section 25515.1 of Chapter 6.95, any person who wilfully prevents, interferes with, or attempts to impede the enforcement of Chapter 6.95 by any authorized representative of the city, upon conviction, shall be guilty of a misdemeanor.

C.

Any person who violates Section 25507 of Chapter 6.95, which requires among other things that upon discovery the handler, as the term handler is defined in Chapter 6.95, or any employee, authorized representative agent, or designee of a handler, immediately report any release or threatened release of a hazardous material in accordance with the provisions thereof, shall be subject to the penalties specified in Section 25515 of Chapter 6.95 which penalties include fines and/or imprisonment.

D.

Any person who violates Section 25541 of Chapter 6.95 is subject to the penalties specified therein, which include fines and/or imprisonment upon conviction for knowingly making any false statement or representation in any record, report, or other document filed, maintained, or used for the purpose of compliance with Article 2 of Chapter 6.95, or destroys, alters or conceals any such record, report or other document filed, maintained or used for the purpose of compliance with Article 2 of Chapter 6.95.

(Prior code § 2-12.06)