SEC. 2215. PLAN REVIEW AND ANNUAL OPERATION FEES.

   (a)   The Board of Supervisors authorizes the Director to charge the fees identified in this Division I. A Producer or group of Producers participating in a Stewardship Plan shall pay to the Director plan review fees to be established under subsection (d) of this Section 2215 for:

      (1)   Review of a proposed Stewardship Plan;

      (2)   Resubmittal of a proposed Stewardship Plan;

      (3)   Review of changes to an approved Stewardship Plan;

      (4)   Submittal of an updated Stewardship Plan at least every four years under Section 2203(d)(5) of this Division I; or

      (5)   Review of any petition for approval to use alternative final disposal technologies under Section 2207(c) of this Division I.

   (b)   In addition to plan review fees, a Producer or group of Producers participating in a Stewardship Plan shall pay to the Director annual operating fees to be established under subsection (d) of this Section 2215.

   (c)   A plan operator or a Stewardship Organization may remit the plan review fee on behalf of participating Producers.

   (d)   As soon as practicable, the Director shall propose to the Commission on the Environment a schedule of fees charged to a Producer or group of Producers to cover costs of administering and enforcing this Division I. The Director shall set the fees to recover but not exceed actual costs to the City. The Commission of the Environment must approve the schedule of fees for it to become effective. The Controller shall confirm that the fees set by the Director do not exceed the actual costs to the City.

(Added by Ord. 31-15 , File No. 141095, App. 3/26/2015, Eff. 4/25/2015)

SEC. 2216. UNDERTAKING FOR THE GENERAL WELFARE.

   In adopting and implementing this Division I, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any Person who claims that such breach proximately caused injury.

(Added by Ord. 31-15 , File No. 141095, App. 3/26/2015, Eff. 4/25/2015)

SEC. 2217. NO CONFLICT WITH FEDERAL OR STATE LAW.

   This Division I shall be construed so as not to conflict with applicable federal or State laws, rules or regulations. Nothing in this Division I shall authorize any City agency or department to impose any duties or obligations in conflict with limitations on municipal authority established by State or federal law at the time such agency or department action is taken. The City shall suspend enforcement of this Division I to the extent that said enforcement would conflict with any preemptive State or federal legislation subsequently adopted. Nothing in this Division I is intended or shall be construed to protect anti-competitive or collusive conduct, or to modify, impair, or supersede the operation of any of the antitrust or unfair competition laws of the State of California or the Unites States.

(Added by Ord. 31-15 , File No. 141095, App. 3/26/2015, Eff. 4/25/2015)

SEC. 2218. SEVERABILITY.

   If any of the provisions of this Division I or the application thereof to any Person or circumstance is held invalid, the remainder of those provisions, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Division I are severable.

(Added by Ord. 31-15 , File No. 141095, App. 3/26/2015, Eff. 4/25/2015)

SEC. 2219. EFFECT OF GRANT OF CERTIORARI.

   If, prior to the effective date of this Division I, the United States Supreme Court grants a petition for a writ of certiorari in the case of Pharmaceutical Research and Manufacturers of America v. County of Alameda, 13-16833, 2014 WL 4814407 (9th Cir. Sept. 30, 2014), then this Division I shall not become operative until 30 days after judgment has been entered in that case. Once judgment has been entered in that case, the City Attorney’s Office shall notify the Department that judgment has been entered.

(Added by Ord. 31-15 , File No. 141095, App. 3/26/2015, Eff. 4/25/2015)

DIVISION II SAFE DRUG DISPOSAL INFORMATION