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HomeMy WebLinkAboutMINUTES - 08041987 - 2.4 TO - 'BOARD OF SUPERVISORS �rn FROM; Services DirectorContra �� �JMark Finucane, Heallth SeDirector ��IJJICi DATE: CO July 15 , 1987 L/^ SUBJECT: State Lawsuit Against the Concord Naval Weapons Station for Hazardous Waste Disposal Violations SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION : Contra Costa County Department of Health Services recommends that the Board of Supervisors direct a letter to the Director of the State Department of Health Services sup- porting their efforts to compel the Concord Naval Weapons Station to comply with ' the applicable terms of the Hazardous Waste Control Act as reflected in their complaint for civil penalties . II . FINANCIAL IMPACT : None . III . REASONS FOR RECOMMENDATION : In essence the complaint filed by the State Department of Health Services against the Concord Naval Weapons Station ' alleges a number of violations concerning conditions set forth in an interim status document ( ISD) issued to the .Concord Naval Weapons Station on July 30, 1982 for the pur- pose of governing the operations , management , and handling of hazardous waste pursuant to relevant state law. The major alleged violations were concerned with underground storage of hazardous materials ; failure to properly label hazardous waste containers ; failure to provide hazardous waste analysis and storage plans ; failure to provide ade- quate training and emergency contingency plan ; failure to provide site monitoring inspections ; and failure to post adequate warning signs . The State Department of Health Services lawsuit seeks per- manent injunctive relief to compel compliance with the appropriate state law; civil penalties for the alleged violations , and reimbursement of enforcement and other related costs . The alleged violations detailed in this complaint were disclosed during site inspections conducted by the State Department of Health Services staff at various times during 1985 and 1986 . CONTINUED ON ATTACHMENT; X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE IS : ACTION OF BOARD ON August 19.87 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: Hazardous Materials Commission ATTESTED Au Qust 4, 1987 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ��CX DEPUTY M382/7-83 Policy Considerations : Contra Costa County Department of Health Services does not have jurisdiction to inspect Concord Naval Weapons Station for compliance with the provision of the State Hazardous Waste Control Act . Enforcement jurisdiction lies with the State Department of Health Services . We believe, however , that it is essential as a local health services agency to aggressively support and in every way encourage other governmental agencies ' efforts to enforce legislative enact- ment governing hazardous material and waste management , handling, transportation , generation, and disposal . It is imperative that every facility, public and private, engaged in activities involving the management of hazardous materials or hazardous waste becomes familiar with the legislation that governs these activities and that they com- mit appropriate levels of resources to comply with these laws . It is through aggressive enforcement effort , including site inspections and appropriate remedial actions where violations are disclosed , that the public protections sought to be provided through existing legislation can be assured . We, therefore, commend the State Department of Health Services for their inspection efforts and action seeking injunctive relief to compel compliance sought by this lawsuit . -2-