A. Chapter 6.7 of the California Health and Safety Code (Section 25280 et seq.) establishes the minimum Statewide procedures and requirements for the underground storage of hazardous substances including requirements for the testing, inspection and permitting of such underground storage and the establishment of civil and criminal penalties for the violation of any such requirement.

B. Pursuant to California Health and Safety Code Section 25283, every county is required to implement the provisions of said Chapter 6.7. However, Section 25283(a) provides, in pertinent part, that: “A city may, by ordinance or resolution, assume responsibility for the implementation of this chapter and, if so, shall have exclusive jurisdiction within the boundary of the city for the purposes of carrying out this chapter...”

C. This Council finds that despite the fact that the County of Sonoma is required to implement and administer such provisions within the County, including the City of Sebastopol, it is in the best interests of the health, welfare and safety of the citizens of the City of Sebastopol to have the provisions of said Chapter 6.7 administered locally within the boundaries of the City of Sebastopol.

D. Pursuant to California Health and Safety Code Section 25283(b), any city which assumes responsibility to administer said Chapter 6.7 must designate an agency of the city as the administering agency responsible for enforcing such provisions. Accordingly, it is the desire of this Council to designate the Sebastopol Fire Department as such responsible administering agency within the City of Sebastopol.

E. All legal prerequisites prior to the adoption of the ordinance codified in this chapter have occurred. (Formerly 8.28.010)