HomeMy WebLinkAboutMINUTES - 09151987 - 2.3 y `
TO x-003
� BOARD OF SUPERVISORS ti
FROM Phil Batchelor Contra
County Administrator Costa
DATE: September 8, 1987 Cu "�/
SUBJECT: Consent Decree Involving vim' 7
IT Corporation
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Designate William Walker, M.D. , County Health Officer, to
represent Contra Costa County in discussions with the County
of Solano and the Cities of Benicia and Martinez on the
implementation of certain aspects of the Consent Decree
entered into between the State Department of Health Services
and IT Corporation.
2 . Request the County Administrator to notify the County of
Solano and the Cities of Benicia and Martinez that the
County of Contra Costa stands ready to meet with the other
jurisdictions and to consult with IT Corporation as provided
for in the Consent Decree.
3 . Request the County Administrator to notify IT Corporation
that Dr. Walker will represent the County of Contra Costa at
all meetings with IT Corporation designed to implement the
Consent Decree.
4 . Request Dr. Walker to report to the Board of Supervisors
periodically to keep the Board advised of developments in
the implementation of the Consent Decree.
BACKCIOUND•
The State Department has cited the IT Corporation for violations
at the IT Benicia (Panoche) Facility. EPA issued a compliance
monitoring investigation report and referred it to the State
Department of Health Services for enforcement. Following a
variety of other actions, the State Department of Health Services
filed a complaint in Contra Costa County Superior Court. In
order to settle that pending court action, the State and IT
Corporation have entered into a Consent Decree.
The Consent Decree includes a number of provisions which are of
interest to this County. These include:
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
IG T
S NA URE(S)'
ACTION OF BOARD ON — September 15.15. 1987 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT IV 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
Health Services Director PHIL BATCHELOR, CLERK OF THE BOARD OF
Dr. William Walker SUPERVISORS AND COUNTY ADMINISTRATOR
Haz. Materials Council (via CAO)
Haz. Materials Commission (via CAO)
Paul Kaufman, IT Corporation BY ,DEPUTY
M382/7-83 -
Page 2
1 . IT shall use its- best efforts to enable any inspection or
investigation requested by any duly authorized
representative of DOHS to commence promptly upon the
representative' s access to the facility and site
management' s ability to accompany such representative.
Unless otherwise provided for by subsequent court order, the
representative of DOHS shall be permitted to have access to
either the Panoche or Vine Hill facility within fifteen ( 15)
minutes of the representative' s arrival at the facility;
IT' s site management shall accompany the representatives of
DOHS at all times during their on-site visits;
representatives of DOHS shall have the right to interview
any IT employee in the presence of site management at any
reasonable time or place during the inspection or
investigation.
2 . IT shall, within eighteen ( 18) months, purchase and locate
one fire truck and emergency response unit at both the Vine
Hill and Panoche facilities. IT shall provide sufficient
trained personnel to operate the trucks or units. These
vehicles are intended for use in response to on-site
incidents at their respective facilities; however, these
vehicles may be made available as set forth in an approved
CAER plan as described in paragraph 5. 2. 1 for each facility.
With respect to the purchase by IT of a fire truck and an
emergency response unit (ERU) identified in paragraph 2.2,
IT shall consult with the appropriate public officials of
the cities of Benicia and Martinez and the counties of
Solano and Contra Costa, and shall work with other industry
in the area to establish a Community Awareness and Emergency
Response (CAER) plan for each facility. The goal of the
CAER plans described in paragraphs 5. 2. 1 and 5. 2. 2 is to
improve local emergency response planning by combining the
emergency response capability and plans of IT with those of
other local chemical industry and local public agencies.
The overall goal is the creation of an integrated community
emergency response plan. The plan will set forth the manner
in which vehicles and equipment procured by IT will be
available to respond to emergencies in conjunction with
other industry' s equipment in the local communities. The
program proposed by IT should benefit the local agencies in
two ways: ( 1) reduce the reliance of IT on public agencies
for response to environmental incidents, fires, or other
emergencies which occur at Vine Hill or Panoche, and ( 2)
enhance the ability of public agencies to respond to
environmental incidents, fires, or other emergencies in the
surrounding community by making IT' s on-site emergency
response units and fire trucks available for such off-site
incidents. IT shall make bimonthly reports to DOHS
concerning progress in establishing a plan for each
facility.
3 . IT shall provide funds to medical facilities in Solano
and/or Contra Costa counties for health care assistance in
the event of an environmental episode as defined and set
forth in approved CAER plans as described below for each
facility.
With respect to the development of the Community Awareness
and Emergency Response (CAER) programs identified above, IT
shall consult with the appropriate public officials of the
cities of Benicia and Martinez and the counties of Solano
and Contra Costa, officials of John Muir Hospital in Walnut
Creek, Mt. Diablo Hospital in Concord and Sutter-Solano
Hospital in Vallejo, and other industry in the area. Such
..
Page 3
3 . (continued)
consultation shall be for the purpose of establishing a plan
to assist medical facilities in the counties of Solano
and/or Contra Costa in defining and providing contingent
health care services in the event of an environmental
episode as defined in the CAER plans. IT is to make
payments totalling $100,000 a year to one or more medical
facilities for five succeeding years commencing with
implementation of the approved CAER plans described in this
paragraph. The payments shall be used for expenditures
which are consistent with the CAER plan( s) . IT shall make
bimonthly reports to DOHS concerning progress in the
establishing of a CAER plan for Panoche and Vine Hill.
4. IT will develop and implement an automated data management
system for Vine Hill and for Panoche. The data management
system will provide for the control and retention of and
rapid access to site-related information which will enhance
DOHS' ability to review IT' s compliance with record-keeping
requirements. The system will have the ability to track
wastes from receipt to treatment, storage, and disposal and
( at Vine Hill) to calculate mass balances. In addition, it
will also permit compilation of disposal information by
generator and by waste code.
In view of the requirement that IT consult with Solano and Contra
Costa Counties and the Cities of Benicia and Martinez in the
establishment of a Community Awareness and Emergency Response
Plan for each facility, and in view of the substantial financial
commitment being made by the IT Corporation, it is recommended
that Contra Costa County become actively involved in these
negotiations. Dr. William Walker has already been in contact
with officials from IT and he appears to be the appropriate staff
member to represent the County in these discussions.
A full copy of the Consent Decree is being furnished to each
Board member and the Clerk of the Board.
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