A. In all respects as set forth in SMC 8.32.010, Recitals.

B. The City of Sebastopol does hereby assume responsibility for the implementation of the provisions of Chapter 6.95 of the California Health and Safety Code, exclusive of Article 2, Sections 25531 through 25541, regarding risk management and prevention programs. The City of Sebastopol hereby designates the Sebastopol Fire Department as the administering agency responsible for administering and enforcing such provisions of said Chapter 6.95 within the boundaries of the City of Sebastopol.

C. The schedule of fines and imprisonment set forth in Section 25515 of the California Health and Safety Code shall continue to be specifically applicable to persons and businesses within the boundaries of the City of Sebastopol.

D. The definitions, standards, procedures and requirements as set forth in Chapter 6.95 of the California Health and Safety Code, and the specific guidelines adopted thereunder, are hereby adopted as those regulations governing hazardous materials release response plans and inventory for the City of Sebastopol.

E. The City Council shall establish by resolution a schedule of fees to be paid by persons using or handling hazardous materials which are sufficient to cover the costs to the City of administering the provisions of this chapter.

F. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have passed the ordinance codified in this chapter and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.