A. Hazardous materials and wastes present in the community may pose acute and chronic health hazards to individuals who live, visit and work in the City of Berkeley and who are exposed to such substances as a result of fire, spills, industrial accidents, or other releases or emissions.

B. It is the intent of the Council to recognize the community’s right and need for basic information on the use, handling, storage and disposal of hazardous materials and wastes in Berkeley and to establish an orderly system for the provision of such information.

C. It is further the intent of the Council that the system of disclosure set forth herein shall provide information essential to firefighters, health officials, planners, elected officials, workers and their representatives, businesses and residents in meeting their responsibilities for the health and welfare of the community in such a way that the statutory privileges against disclosure of non-public records are not abridged.

D. Businesses that safely handle hazardous materials and wastes are beneficial to the economic life of the City and community. It is the intent of the Council to provide program provisions that facilitate the continued and growing presence of safe businesses.

E. This chapter shall apply within the City of Berkeley, and also in contiguous areas within the City of Oakland for which Berkeley has regulatory and enforcement authority by agreement or otherwise.

F. It is further the intent of the Council to conform the provisions of this chapter to California laws regulating the storage and handling of hazardous materials and wastes, including: California Health and Safety Code Division 20, Chapter 6.5 (hazardous waste), Chapter 6.67 (aboveground storage of petroleum), Chapters 6.7 and 6.75 (underground storage tanks), Chapter 6.11 (unified program), Chapter 6.95 Article 1 (hazardous materials) and Article 2 (accidental release prevention); and California Water Code Division 7, Chapter 10, Article 4 (water, cathodic protection and groundwater monitoring wells). The City of Berkeley hereby assumes responsibility and exclusive jurisdiction for these laws, to the extent authorized by law, including designation as a Certified Unified Program Agency (CUPA). These state laws, and state regulations adopted in furtherance of these laws, are incorporated into this chapter by reference, except as modified within this chapter.

G. It is further the intent of the Council to conform the provisions of this chapter to California laws regulating the remediation of contamination resulting from releases of hazardous materials and wastes, including those provided by the laws identified in subsection F of this Section 15.12.010, as well as Chapter 6.8 of Division 20 of the California Health and Safety Code, and Division 7 of the California Water Code. In addition to the provisions set forth in Chapter 1.24 of the Berkeley Municipal Code, the City of Berkeley hereby assumes responsibility, to the extent authorized by law, for the abatement of nuisances and remediation of contamination resulting from releases of hazardous materials and waste. (Ord. 6824-NS § 3, 2004)