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�) A BOAR® OF SUPERVISORS
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FROM: �./
Phil Batchelor lJl ltra
County Administrator l.rl.J7l-
DATE: July 31, 1987 co �/l
SUBJECT; "`"� �`�
Legislation: Assembly Bill 853 ( Sher)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position in support of AB 853 by Assemblyman Byron Sher
which authorizes, but does not require, the County to seek
authority from the State to perform cleanup, abatement, or other
remedial actions in response to releases of hazardous substances
from underground storage tanks.
BACKGROUND:
AB 853 as amended authorizes the development of a pilot program
whereby selected local jurisdictions upon application may enter
into an agreement with the State Department of Water Resources or
a Regional Water Quality Control Board to perform cleanup,
abatement, or other necessary remedial actions in response to
releases of hazardous substances from underground storage tanks.
This bill further extends immunity from liability to the local
jurisdictions to the same extent that the State Department of
Water Resources or the Regional Boards enjoy for performing the
environmental abatements. The bill also provides funding to the
local agencies for recovery of reasonable costs incurred by the
local agency in overseeing any cleanup, abatement, or remedial
action efforts. Cleanup and abatement efforts shall be guided by
protocols, regulations, and policies developed by the State
Department of Water Resources or the Regional Water Quality
Control Boards. In the event the Contra Costa County Department
of Health Services disagrees with the rules, regulations, and
protocols yet to be adopted by the Regional Board to govern
enforcement practices, we simply would not apply for cleanup
jurisdiction under the terms of this bill.
This is not a State-mandated local program. The criteria for
selecting local jurisdictions under this pilot program are
predicated on local agencies which have demonstrated prior
experience in cleanup, abatement, or other actions necessary to
remedy effects of unauthorized releases of hazardous substances
from underground storage tanks and those jurisdictions that have
collected and transmitted to the Board surcharge / fees for
CONTINUED ON ATTACHMENT: _ YES SIGNATURE: /;�
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
S I GNATURE 1 S):
ACTION OF BOARD ON 1987 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS (ABSENT - AND CORRECT COPY OF AN ACTION TAKEN
AYES:_ NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Administrator ATTESTED August 11, 1987
Health Services Director
Jackson/Barish .& Associates PHIL BATCHELOR. CLERK OF THE BOARD OF
Assemblyman Byron Sher SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 Y —.DEPUTY
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