§ 15120. Certified Unified Program Agency Applicants.

(a) Counties must apply.

(b) Cities or other local agencies that qualify pursuant to Health and Safety Code section 25404.1(b)(2) may apply.

(c) A city that incorporates after January 1, 1996, may apply for certification as a CUPA pursuant to Health and Safety Code section 25404.1(b)(2)(B) and section 15130(b) of this title. Any request to the Secretary for approval to apply for certification shall be submitted within 180 days of incorporation.

(d) Two or more counties, cities or local agencies that propose to form a Joint Powers Agency (JPA) may apply on or before January 1, 1996.

(1) Cities or other local agencies that have formed or propose to form a JPA may apply if one of the following is true:

(A) A maximum of two member agencies of the JPA have not implemented the HMRRP program or the UST program prior to December 31, 1995, and at least one member agency has implemented the HMRRP program or the UST program prior to December 31, 1995; or

(B) The JPA has an agreement with the county to implement the Unified Program in the JPA's jurisdiction; or

(C) The county is a member agency of the JPA.

(e) Each county shall and each city or local agency within the county that qualifies pursuant to Health and Safety Code section 25404.1(b)(2) and chooses to apply, shall apply for certification on or before January 1, 1996.

(f) An applicant agency shall apply to the Secretary according to the provisions of sections 15130, 15150, and 15160.

(g) Applications shall be valid if they meet the requirements of this article and one copy is mailed to: California Environmental Protection Agency, Unified Program Section, 1001 “I” Street, P.O. Box 2815, Sacramento, California 95812.

HISTORY

1. New article 3 and section filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day.

2. New article 3 and section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day.

3. New article 3 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.

4. New article 3 and section refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day.

5. Certificate of compliance as to 11-14-94 order including new subsections (c)(1)-(c)(1)(iii) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

6. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).

Note

Note: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. Reference: Section 25404.1(b), Health and Safety Code.