Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Underground Storage Tank Maintenance Fee Law

Health and Safety Code

Chapter 6.7. Underground Storage of Hazardous Substances

Section 25283

25283. Implementation of chapter; notice by city of assumption of responsibility; proration of revenue. (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.