Cal. Health & Safety Code § 25283
Underground Storage of Hazardous Substances
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
(a) (1) This chapter shall be implemented, pursuant to the regulations adopted by the board, by one of the following:
(A) If there is a CUPA, the unified program agency.
(B) If there is no CUPA, by one of the following:
(i) Before January 1, 1997, the county or a city, pursuant to paragraph (2).
(ii) On and after January 1, 1997, the agency authorized pursuant to subdivision (f) of Section 25404.3.
(2) (A) Before January 1, 1997, if there is no CUPA, a city may, by ordinance, assume responsibility for the implementation of this chapter pursuant to the regulations adopted by the board and, if so, shall have exclusive jurisdiction within the boundary of the city for the purposes of carrying out this chapter. The ordinance adopted by the city shall comply with this chapter, applicable federal laws, and the regulations and guidelines adopted pursuant thereto. If there is no CUPA, a city which, prior to January 1, 1990, was exempt from implementing this chapter, has the exclusive jurisdiction, within its boundaries, for the purpose of implementing this chapter.
(B) No city may assume responsibility for implementation of this chapter unless it has notified the county, on or before July 1, 1990, of its intentions to assume responsibility for implementation of this chapter.
(C) A city’s authorization for implementing this chapter pursuant to this paragraph shall remain in effect only until a CUPA is certified, or until January 1, 1997, whichever is earlier. On and after January 1, 1997, the agency responsible for administering and enforcing this chapter shall be the agency so authorized pursuant to subdivision (f) of Section 25404.3.
(b) If there is no CUPA, the county and any city that assumes responsibility pursuant to paragraph (2) of subdivision (a) shall designate a department, office, or other agency of that county or city, as the case may be, as the local agency responsible for administering and enforcing this chapter, pursuant to subdivision (a). A city that assumes responsibility for implementation of this chapter pursuant to paragraph (2) of subdivision (a) shall designate the agency which has responsibility for implementing Chapter 6.95 (commencing with Section 25500) as the local agency responsible for administering and enforcing this chapter. A designation pursuant to this subdivision shall remain in effect only until a CUPA is certified or until January 1, 1997, whichever is earlier. On and after January 1, 1997, the agency responsible for administering and enforcing this chapter shall be the agency so authorized pursuant to subdivision (f) of Section 25404.3.
(c) If the agency which receives certification as a certified unified program agency subsequently withdraws or is decertified before January 1, 1997, the local agency responsible for administering and enforcing this chapter prior to the certification of the CUPA shall assume responsibility for administering and enforcing this chapter until a successor CUPA is certified or until January 1, 1997, whichever is earlier.
(d) Revenue from fees collected by the county pursuant to this chapter shall be prorated between the city and county based upon when the city assumes responsibility for implementation of this chapter.
(a) This chapter shall be implemented by the board, by the regional board, and by the local agency, as defined in subdivision (b), pursuant to the regulations adopted by the board.
(b) For purposes of this chapter, “local agency” means the following:
(1) (A) A local agency means the unified program agency for purposes of implementing the unified program, as specified in paragraph (3) of subdivision (c) of Section 25404, including the requirements of this chapter and the requirements of any underground storage tank ordinance adopted by a city or county.
(B) Consistent with paragraph (3) of subdivision (c) of Section 25404, for purposes of this chapter, a unified program agency does not implement those responsibilities assigned to the state board pursuant to Section 25297.1 or the corrective action requirements of Sections 25296.10 to 25296.40, inclusive.
(2) Before July 1, 2013, a local agency means a city or county for purposes of implementing the corrective action requirements of all of the following:
(A) Sections 25296.10 to 25296.40, inclusive.
(B) Sections 25296.09, 25297, 25297.2, and 25298.5.
(C) Sections 25299 to 25299.3, inclusive, with regard to implementing those corrective action requirements.
(D) Any other provision of this chapter that relates to implementing a corrective action.
(3) On and after July 1, 2013, a local agency means a city or county that is certified by the board to implement the local oversight program pursuant to Section 25297.01 for purposes of implementing the corrective action requirements of all of the following:
(A) Sections 25296.10 to 25296.40, inclusive.
(B) Sections 25296.09, 25297, 25297.2, and 25298.5.
(C) Sections 25299 to 25299.3, inclusive, with regard to implementing those corrective action requirements.
(D) Any other provision of this chapter that relates to implementing a corrective action.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.