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MINUTES - 08111998 - D.9
TO BOARD OF SUPERVISORS ' Contra FROM: 'Mark UeSaulnier and Joe Canciamilla ;. Costa DATE: August 111998 County SUBJECT: Draft Industrial Safety Ordinance SPECIFIC REQUEST(S)OR RECOMMENDATION{S}&BACKGROUND ANIS JUSTIFICATION 1. REFER the draft Industrial Safety Ordinance(attached as Exhibit A) to the County Planning Commission and the Hazardous Materials Commission for report and recommendation within 60 days. 2. DIRECT the County Administrator to seek funding from industries subject to the ordinance in order to retain independent consulting expertise to evaluate and report to the Board on the proposed'ordinance in the areas of public health,safety and the environment within Gil days. 3. SCHEDULE the draft ordinance regarding Building Permits for Oil'`'Refineries and Chemical Plants (attached as Exhibit B) for introduction at the earliest available Board of Supervisors'meeting. 4. DIRECT the Health Services Director to convene the appropriate stakeholders to provide recommendations regarding the development of a'safe work practices protocol within 90 days in order to assure the highest possible level of worker safety. CONTINUED ON ATTACHMENT:—XX YES SIGNATURE: 1 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER S GNATU'RE S ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER SEE ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: ANIS ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN'. ATTESTED ✓� PHIL BATCHaOR,CLERKF�OARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: cc: Super#isor Canc.iamilla Supervisor DSaulrier BY ,DEPUTY CAU BACKGROUND/REASONS FOR RECOMMENDATIONS Dv q For several years now, Contra Costa County has attempted to improve industrial safety, both on and off site at facilities handling hazardous wastes and materials,by devising new legislation in this area. Significant improvements include establishment of a County Ombudsman. Still,there have been serious concerns that the existing "Good Neighbor Ordinance" did not meet the needs of industry,workers or the public.In order to improve on this existing regulation,representatives of the involved industry, labor and environmental organizations have long been engaged in an extraordinary collaboration to suggest a different approach to improved industrial safety. The attached draft reflect the result of these efforts to date: The ordinance will both replace ordinance 96-50 with a slightly revised version of the earlier ordinance 96-20, and provide an entirely new ordinance based upon improving safety in the operations of these facilities. The independent evaluation recommended will provide a third party review and recommendation by an uninterested professional. industry should be willing to fund the retention of the expertise needed for this review. Requiring building permits for industry is a subject previously discussed by the Board. In response to the Board's direction, staff has drafted attachment B. This ordinance can be adopted- without recommendation of the Planning Commission or Hazardous Materials Commission because it merely requires ministerial review of construction,as is required for any other structure subject to county codes. The draft provides for annual review and permitting, and:. appropriate inspection by building department'staff. r ADDEND[TM Item D.9 August 11, 1998 On this date, the Board of Supervisors considered a drat Industrial Safety Ordinance (Exhibit A) and a draft ordinance regarding Building Permits for Oil Refineries and Chemical Plants (Exhibit B), as recommended by Supervisors DeSaulnier and Canciamilla. The Board discussed the issues and the following persons spoke: John Miller, Tosca, 3410 Silver Springs, Lafayette; Joseph V. Partansky, 1406 Barbis Way, Concord; Kelly Anschutz and Jim Kellogg, U.A. "Int., 1308 Roman Way, Martinez; David Nesmith, Sierra Club, 2530 San Pablo, Berkeley; Frank Orem, Sierra Club, 1720 Argonne Drive, Concord; Denny Larson, Citizens for a'Better Environment RAP Coalition, 500 Howard #506, San Francisco Fred Fields, Boilermakers 549, 2191 Piedmont Way, Pittsburg; Steve Umbenhower, Local 342, 200 Gregory Lane #114A, Pleasant Hill; Ron Banducci, Martinez Refining Co, P.O. Box 711, Martinez; Jim. Payne, Oil,Chemical and Atomic Workers, Local 1-5, P.O. Box 349, Martinez. After receiving public testimony, the Board took the following actions: 1 REFERRED the draft Industrial Safety Ordinance to the County Planning Commission and the Hazardous Materials Commission for report and recommendation, taking into consideration the consultant's report; 2. DIRECTED the County Administrator to seek funding from industries subject to the ordinance in order to ''retain independent consulting expertise to evaluate and report to the Board on the proposed ordinance in the areas of public health, safety and the environment within 60 days; FURTHER DIRECTED the County Administrator to advise the Board members of the selected consultant; 3. REQUESTED that the consultant selected evaluate the draft-Industrial Safety Ordinance for its efficient and effective ability to improve industrial and community health in Contra Costa County; consider any relevant previous ordinances submitted to the Board in the past; analyze cost effectiveness and enforceability of the ordinance and report back to the Board; DIRECTED that the consultant report to the Board after holding meetings to obtain public input; 4. SCHEDULED the introduction of the Building Permits for Oil Refineries and Chemical Plants Ordinance for September 15, 1998; DIRECTED the Hazardous Material Division will be directed to evaluate the ordinance using the same criteria as the consultant, and report back to the Board at the same time as the County Planning and 'Hazardous Materials Commissions submit their reports; 5. AGREED that referring the matter to the County Planning Commission and Hazardous Materials Commission does not assume any position taken by the Board with regard to changing the paint threshold; 6. DIRECTED the County Ombudsperson to publicize and organize public hearings in the impacted communities and to provide the Board with an implementation plan for the hearings; 7. DIRECTED the Health Services Director to convene the appropriate stakeholders'to provide recommendations regarding the development of a safe work practices protocol within 90 days. AUG-06-1998 07:42 FROM CCC PRIUATE IND CNCL TO 51098 P.02/13 DRAFT Z X H I Q IT A - ORDINANCE NO. 98- D.9 8-11-98 INDUSTRIAL SAFETY ORDINANCE The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical'. footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. This Ordinance adds Chapter 450-8 to the County Ordinance Code. Chapter 450-8 imposes regulations which supplement the requirements of California Health and Safety Code Article 2(commencing with section 2553 1)of Chapter 6.95 concerning hazardous materials management by enacting;measures to prevent and reduce the probability of accidental releases of regulated substances that have the potential to cause significant harm to the public health and increase participation by industry and the public tot rprove:accident prevention. These measures include submission of a Safety Plan to the County, stringent requirements for the contents of a Safety Plan and Program,public review of the Safety Plan,authorization for the County to . require changes in the Safety Plan,an expansion of the list of regulated substances beyond those. covered by RMP,and more stringent inspection and audit requirements. Root Cause is required for all Major Chemical Accidents or Releases. A public outreach and information program is established. This ordinance substantially readopts Chapter 84-63,originally added by Ordinance No. 96-20 and repealed by Ordinance No. 96-50,and repeals Chapter 84-63,added by Ordinance No. 96-50. Articles 84-63.2,84-63.4,84-63.6, 84-63.8, 84-63).10 and 84-63.12 of Chapter 84-63,as added by this ordinance,set forth criteria for land use permits for development projects involving hazardous waste or hazardous material which encourage business and other entities,in planning such projects, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Article 84=62.14 is readopted in its entirety. SECTION II. Chapter 450-8 is added to the County Ordinance Code,to read: CHAPTER 450-8 RISK MANAGEMENT 450-8.002 BACKGROUND and FINDINGS. The Board of Supervisors on Contra Costa County finds as follows; (a) Recent incidents in Contra Costa County at industrial chemical,petrochemical,and dil industry facilities have prompted the consideration of reviews,inspections,and audits that supplement existing federal and state safety programs and the imposition of additional safety measures to protect public health and safety from accidental releases. (b) Section 112(x)(7)of the Clean Air Act(42 U.S.C.A.§ 7412(4))required the federal Environmental Protection Agency("EPA")to promulgate the "Risk Management Program" intended to prevent accidental releases of regulated substances and reduce the severity of those releases that do occur. All Stationary Sources must prepare a Risk Management Plan based on a 8/5/98 Page 1 AUG-06-1998 07:43 FROM CCC PRIUATE INN CNCL TO 51098 P-03/13 DRAFT D.9 8-11-98 Risk Management Program established at the Source,that includes a hazard assessment of the facility and accidental release prevention program,'and an emergency response program(41 CFR § 68.12). The Source must submit the federal RMP to the EPA by.Tune 21, 1999 (41 CFR§ 68.10). The federal RMP'will be available to state and local government and the public, (c) The California Health and Safety Code article 2 (§25531 et seq.)of Chapter 6.95 was amended effective January 1, 1997 to implement the federal EPA's Risk Management Program mle. The State's RMP is known as the Califom,ia Accidental release Program. (d) The County recognizes that regulatory requirements alone will not guarantee public' health and safety,and that the public is a key stakeholder in chemical'accident prevention, preparedness,and response at the local level. Preventing accidental releases of regulated substances is the shared responsibility of industry,government,and the public. The first steps toward'accident prevention are identifying the hazards and assessing the risks. Once information about chemical hazards in the community is openly shared,industry, gotienunent, and the community can work together towards reducing the risk to public health and safety. (e)' The success of a Safety Program is dependent upon the cooperation of industrial chemical and oil refining facilities within Contra Costa County. The public must be assured that measures necessary to prevent incidents are being implemented,including changes or actions required by the Department or the Stationary Source that are necessary to comply with this chapter. (Ord. 98-_, § 2 454-8.004 PURPOSE and GOALS. (a) The purpose of'this ordinance is to impose regulations which improve industrial safety by the following: (1) requiring the conduct ofprocess hazards analysis for Covered Processes handling hazardous materials not covered by RMP; (2) requiring the review of action items resulting from process hazard analyses and requiring;completion of those action items selected by the Stationary Source for implementation within a reasonable time frame; (3) requiring the review of accidental release prevention efforts of Stationary Sources and providing for the conduct of investigations and analysis for the determination of the Root Cause for certain in(idents (4) providing review,inspection,auditing and safety requirements that are more stringent than those required in existing law and regulations; (5) providing for public review of the Safety Plan, (6) facilitating cooperation between industry,the County,and the'public in the prevention and reduction of incidents at Stationary Sources; (7) expanding the application of certain provisions of the.federal RMP to processes not covered by the Federal RMP; (9) requiring the development of written human factors program;and (9): requiring a Contractor Refinery Safety Skills'Test (Ord. 98-_,, §2.) 8/5/98 Page 2 RUG-06-1998 07:43 FROM CCC PRIVATE IND 'CNCL TO 51098 P.04/13 DRAFT D.9 8-11-98' 450-8.006 AUTHORITY. This ordinance is adopted by the County pursuant to its police po'%ver for the purposes of protecting public health and safety by prevention of accidental releases of hazardous materials. (Ord. 98 § 2.) i 450-8.008 ADMINISTRATION. The Department is charged with the responsibility of administering and enforcing this chapter. (Ord. 98-+,_,, § 2.) 450-8.010 APPLICABILITY. (a) This ordinance shall apply to Stationary Sources and (b) The following are exempt from the provisions of this chapter: (1) storage tanks not containing a substance which satisfies the provisions of the California Health and Safety Code Section 25532(;), (2) drum storage; (3) laboratories;an (4) utilities, except for fuel gas and natural gas systems to the battery limits of a: process unit. (Ord. 98 §2.) 450-8.012 INSPECTION. The Department shall be allowed reasonable access to any part of the Stationary Source subject to the requirements of this chapter and to supporting documentation retained by the Source for the purpose of determining compliance with this chapter. (Ord. 98 § 2.) 450-8.014 DEFINITIONS. For purposes of this chapter the definitions set forth in this section shall apply. Words used in this chapter not defined in this section shall have the i meanings ascribed to them in the Clean Air Act Regulations(40 CIrR.§ 68.3))and in California Health and Safety Code article 2 (§ 25531 et seta,)of Chapter 6.95, unless the context indicates otherwise. (a), "Accidental Release"means an unanticipated emission of a Regulated Substance into the ambient air from a Stationary Source. (b) "Covered Process"means any process unit-at a Stationary Source. (c) "Department"means the Contra Costa County Health Services Department. (d) "Feasible"means capable of being accomplished in a successful manner within a reasonable period of time,taking into account economic,and technological factors. 8/5198 Page 3 AUG.-06-1998 07:44 FROM, CCC POJVATE INb CNCL TO 51098 P.05/13 DRAFT D.9 8-11-98 (e) "Industry Codes and Standards" means the edition of the codes and standards in effe;t at the time of original design or construction for the design,construction,alteration,maintenance or repair of process units,industrial equipment,or other industrial facilities,structures or buildings published by the American Petroleum Institute(API),the Chemical Manufacturers Association (CMA), the American Society of Mechanical Engineers(A.SME)or the American National Standards Institute(ANSI). (f) "Inherently Safer Systems"means Inherently`'Safer Design.Strategies as discussed it the 1996 Center for Chemical Process Safety Publication"Inherently Safer Chemical.processes"and means Feasible alternative equipment,processes,materials,lay-outs,and procedures meant to eliminate,minimize,or reduce the risk of a Magor Chemical Accident or Release by modifying a process rather than adding external layers of protection. Examples including,but not limited to,; substitution of materials with lower vapor pressure,lower flammability,or lover toxicity; isolation of hazardous processes;and use of processes which operate at lower temperatures and/or pressures. (Z) "Major Chemical Accident or Release"means an incident that results in the release of a Regulated Substance and meets one or more of the following criteria: (1) results in one or more fatalities; (2) results in greater than 24 hours of hospital treatment of three or more persons; (3) causes property damage(on and/or off-site) initially estimated by the Stationary Source at$500,000or more,` (4) meets the definition of a Level 3 or Level 2 Incident in the Community turning System incident level classification system defined in the 9/27/97 county guideline for the Community Warning System; or (5) flammable vapor clouds of more than 5000 pounds. (h) "Regulated Substance"means(1)any chemical substance which satisfies the provisions of California Health and Safety Code section 25532 (g),as amended from time to time,or(2) a substance which is listed in Hazard Categories A or Bin section 84-63.1016.' Mixtures containing less than 1%of a Regulated Substance shall not be considered in the determination of the presence of a regulated material. (i) "RMP"means the Risk Management flan required to be submitted and Program pursuant to the requirements or the California Health and Safety Code article`?(Section 25531 et seq..)of Chapter 6.95. U)' "Root Cause"means prime reasons,such as failures of some management systems, that allow'faulty design, inadequate training,or improper changes,which lead to an unsafe actor condition,and result in an incident. If root causes were removed,the particular incident would not have occurred. (k) "Safety Plan"means the plan which is required to be submitted to the Department pursuant to Section 450-8.016 of the chapter. (1) "Stationary Source"or"Source"means a facility which includes process units as defined in 40 CFR 68.1 that are subject to federal Risk Management Program Level 3 requirements and: 815/9fS Page 4 AUG-06-1998 07:44 FROM CCC PRIUATE IND CNCL TO 51098 P.06/13 DRAFT D.9 8-11-98 whose primary North American Industry Classification System code(NAICS)is 324 (Petroleum and Coal Products Manufacturing)or 325 (Chemical Manufacturing). (Ord. 98-_.,, § 2 ) 450-8.016 STATIONARY SOURCE SAFETY REQUIREMENTS.The Stationary Source shall submit a Safety Pian to the Department within one year of the effective date of this ordinance that complies with the previsions of this section and that includes the safety elements listed in subsection(a)below. In addition,the Stationary Source shall comply with the safety requirements set forth in subsections (b)through(e)of this section and include a description of the manner of compliance in the Safety Plan. (a) RMP Elements. Those Covered Processes not included in federal program level RMP shall be subject to the RMI'elements listed below. The Safety Plan shall include a description of the manner in which the RMP elements listed below shall be applied to the Covered Process. : These RMP elements shall be implemented in conformance with RMP and shall follow the Contra Costa County health Services Department Fisk Management Plan guidance document,<DATE> 1998: Process Safety information Operating Procedures Employee Participation Training.. for each employee in such Covered Process Mechanical Integrity including the use of industry Codes and Standards Management of Change Pre Start-Up Safety Reviews Audits Incident Invcstigation Hot Work Contractor Safety Program Emergency Response (b) Human Factors Program. (1) Stationary Sources shall develop a written human factors pro mm within one year following,the effective date of the ordinance that addresses: . (i) the inclusion of human factors in the Process Hazards Analysis process; (ii) the consideration of human systems as causal factors in the incident investigation process for Major Chemical Accidents or Releases or for. Accidental Releases of Regulated'Substances that could reasonably have had the potential to become a Major Chemical Accident or Release; (iii) the training;of employees in the human factors program; (iv) operating procedures;and (v) the requirement to conduct Management of Change prior to staffing changers for changes in permanent staffing level s/reorganization in operations or emergency response. l-irnployees and their Representatives shall be given the;;opportunity to participate in such Management of Changes. (2) Employees and their Representatives shall participate in the development of the written human factors program. 8/5/98 page,5 AUG-06-199e 07:45 FROM CCC PRIDATE IND CNCL TO 51098 P.07/13 DRAFT D.9 8-11-98 (3) The program shall include, but not be limited to, issues such as staffing,shiftwork and overtime_ (4) A description of the human factors program shall be included in the Safety Plan prepared by the Stationary Source. (c) toot Cause Analysis. Stationary Sources shall conduct a Root Cause analysis for each Major Chemical Accident or Release which occurs after the effective date of this chapter. The methodology of the Root Cause analysis shall be one of the recommended methodologies from the Center for Chemical Process Safety or shall be reviewed by the Department to determine substantial' equivalency. The Department may elect to do its own independent Root Cause analysis for a Major Chemical Accident or Release. if the Department elects to conduct a`Root Cause analysis the Stationary Source shall cooperate with the Department by providing the following access and information in a manner consistent with the safety of Department and Stationary Source personnel' and without placing undo burdens on the operation of the Stationary Source: (i)allow the Department to investigate the accident site and directly related facilities such as control rooms, physical evidence and where practicable the external and internal inspection,of equipment;(ii) provide the Department with pertinent documentation,(iii)and allow the Department to conduct independent interviews sof Stationary Source employees,subject to all rights of the Stationary Source and employees to be represented by legal counsel and/or management and union representatives during such interviews. Win the course of the Department's Root Cause analysis access is required to areas of the Stationary Source which in the judgement of the Stationary Source require personnel entering the area to use protective equipment and/or have specialized training the Department shall provide it's personnel with such equipment and training. To the maximum extent feasible the Department shall coordinate any Root Cause analysis it conducts with investigations conducted by other agencies with jurisdiction over the Stationary Source to minimize the adverse impacts on the Stationary Source and/or its employees. No part of the conclusions,findings or recommendations of the/toot Cause analysis conducted by the Department or Stationary Source relating to any Major Chemical Accident or Release or the investigation thereof shall be admitted as evidence or used in any action or suit for damages arising out of any matter mentioned in such report. (d) Process Hazards Analysis/Action Items. Process hazards analyses will be conducted for each of the Covered Processes not included in the federal program level 3 RMP according to one of the methods specified in California Code of Regulations Title 8 section 5189(e)(1)(Process Safety Management). The process hazards analyses shall be conducted within 1 year of the effective date oft is Chapter and no later than the submittal elate of the Safety Pian; Previously completed process hazards analyses that comply with 5189 of Title 8 are acceptable for the purposes of this Chapter. Process hazards analyses shall be revalidated every 5 years as specified in California Code of Regulations Title 8 section 5189(e)(5)(process Safety/Management). The Stationary Source shall consider the use of Inherently Safer Systems in the development and analysis of mitigation items resulting from a process hazards analysis and in the design and review of new processes and facilities. For all Covered Processes,the Stationary Source shall complete actions identified by the process hazards analysis and selected for implementation by the Stationary Source as follows: all actions not requiring a process shutdown shall be completed within one year after submittal of the Safety Plan;all actions requiring a process shutdown shall be completed during the first regularly scheduled turnaround of the applicable process subsequent'to one year after submittal of the Safety Plan unless the Stationary Source demonstrates to the satisfaction of the 8/5/98 Page 6 OUG-06-1998 07:45 FROM CCC PRIMATE IND CNCL TO 51098 P.08r13 DRAFT D'.9 8-11-98 Department that such a schedule is infeasible. For all Covered Processes,the Stationary Source shall retain documentation of closure,and any associated justifications,of actions identified by the process hazards analysis. (e) Accident History.The Stationary Source shall include an accident history of all Major Chemical Accidents or Releases from June 1, 1992,through the date of Safety Plan submittal to the Department. For each Major Chemical Accident or Release the Stationary Source shall report the following information,to the extent known: date, time and approximate duration of the release; chemicals released; estimated quantity released in pounds; type of release event and it's source; weather'conditions at the time of the release; on-site impacts, known off-site impacts; initiating event and contributing factors; Foot Cause(s); whether off-site responders were notified; and operational or process changes that resulted from the investigation of the release. (Ord. 98-e, §2•) 450.8.018 REVIEW,AUDIT,AND INSPECTION. (a) Upon submittal of a Safety Plan by the Stationary Source, the Department shall review the Plan and make portions of the Plan which are not protected trade secret information available for public review. Public'comments on the Safety flan shall be taken by the Department for a period of 30 days after the Plan is made available to the public,The Department shall schedule a public meeting on the Stationary Source's Safety Plan after the 30 day comment',period. (b) The Department shall,within 30 days of a Major Chemical'Accident or Release at the discretion of the Department, conduct a safety inspection to review and audit the Stationary Source's compliance with the provisions of Section 450-8.016. The Department shall review and audit the Stationery Source's compliance with the provisions of Section 454-8.016 at least once every three years. The Stationery Source shall allow the Department to conduct these inspections and audits.The Department,at its option,may select an outside consultant to assist in conducting said inspection. (c) Within 30 days of Major Chemical Accident or Release the Department may commence an incident safety inspection with respect to the equipment involved in the incident pursuant'to the provisions of Section 450-8.016(c). (d) Based upon(i)the Department's review of and public comment on the Safety Plan or, (ii)following a safety inspection or incident inspection,the Department may require modifications or additions to the Safety flan submitted by the Stationary'Source to bring the,Plan into compliance with the requirements of this Chapter. Any determination that modifications or additions to the Safety Plan or Program,are required,and any determination that no modifications or additions to the 815198 Page 7 AUG-06-1998 07:46 FROM CCC PRIUATE IND CNCL TO 51098 P.09/13 DRAFT D.9 8-11-98' Safety Flan or Program are required shall be in writing, (collectively referred to as"final determination")shall be mailed to the Stationary Source and shall be made available to the public. The Department may not impose additional requirements in a Safety Plan or Program which would cause a violation of,or conflict with,any state or federal law or regulation or a violation of any permit or order issued by any state or federal agency. (e) Within 30 days of the Department's final determination,the Stationary Source and/or any person who has submitted public comment on the Safety Plan may appeal the final determination to the Board of Supervisors pursuant to Chapter 14-4 by a verified written notice of appeal filed with the Clerk of the,Board of Supervisors and payment of the applicable appeal fee. The notice shall state the grounds for any such appeal, in acting on the appeal,the Board shall have the same authority over the Safety flan as the Department. The decision of the hoard of Supervisors shall be final with respect to the Safety Plan, (f) The Safety Plan shall be valid for aperiod of three to five years at the discretion of the Department from the date of final action and shall be reviewed and updated by the Stationary . Source every three to five years at the discretion of the Department pursuant to the requirements of this ordinance. Any revisions to the Safety flan as a result of the review and update shall be submitted to the Department and shall be subject to the provisions of this Section. (g) Nothing in this section shall preclude,limit,or interfere in any way with the authority of the County to exercise its enforcement,investigatory,and information'gathering authorities under any other provision of law nor shall anything in the Chapter effect or diminish the rights of the Stationary Source to claim legal privileges such as attorney client privilege and/or work product with respect to information and/or documents required to be submitted to or reviewed by the Department. (Ord. 98-_, S 2.) 450-&02fl TRADE SECRET. The disclosure of any trade secret information required by this chapter shall be governed by California Health and Safety Code Section 25538, as amended from time to time, or as otherwise protected or required by law. (Ord. 98-_, S 2.) 450-8.022 COMMUNITY OUTREACH. The Department shall by Do.comber 31, 1995,employ an ombudsperson for Hazardous Materials Programs. The ombudsperson will serve as a single point of contact for people who live or work in Contra Costa County regarding environmental health concerns,questions,and complaints about Hazardous Materials Programs. The ombudsperson will be empowered to identify and solve problems and make recommendations to the Department. The ombudsperson's role will be one of"complaint prevention"as well as investigating concerns and complaints,facilitating their resolution and assisting;people in gathering information about programs,procedures,or issues. (Ord. 98-._.., § 2.) 8/5/98 Pagc 8 AUG-06-1998 0746 FROM CCC €'RIUATE IND CNCL TO 51098 P- 10/13 DRAFT 450-8.024 PUBLIC INF'O'RMATION BANK. The Department shall collect and provide ready access, including the use of electronic accessibility as reasonably available,to public documents which are relevant to the goals of this chapter, including at a minimum, business plan inventories and emergency response plans, Risk Management Flans, Safety Plans, and Departmentincident reports. This section shall not apply to trade secret information or other information protected from disclosure under federal or state law. (Ord. 98-_, § 2.) 450-8.026 FEES. The Department may,upon a majority vote of the Board of Supervisors,adopt a schedule of fees to be collected from each Stationary Source subject to the requirements orthis chapter. Any review,inspection,audit fee schedule shall be set in an amount sufficient to pay only those costs reasonably necessary to carry out the requirements of this chapter, including costs of staffandtor consultant time or public hearings and administrative overhead. The fee schedule shall include the cost of the ombudsperson position. (Ord. 98--, § 2.) 450-8.028 PENALTIES. Regardless of the availability of other civil or administrative remedies and procedures for enforcing this chapter,every act or condition prohibited or declared unlawful by this chapter,and every knowing or willful failure or omission to act as required herein, is a violation of this code and shall be punishable and or subject to enforcement pursuant to the provisions of Chapter 114-6 of the County Ordinance Code specifically including but not limited to Article 14-6.4 thereof(public nuisance). (Ord. 98 §2.) SECTION IIT. ORDINANCE NO. 96-50. County Ordinance Code Chapter 84-63, added by Ordinance No. 96-50 is hereby repealed. SECTION IV.;ORDINANCE NO.%-20. County Ordinance Coe Chapter 84-63, added by Ordinance No. 96-20 and repealed by Ordinance'96-50, is modified and added to the County Ordinance Code. CHAPTER 84--63 LAND USE'PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article 84-63.2 General Ordinance No. 98- (Land Use 8-(Land'`Use Pennits'for Development Projects Involving Hazardous Waste or Hazardous Material) 8/5/98 Page 9 RUG-06-1998 07=47 FROM CCC PRIVATE IND CNCL TO 51098 P.11/13 DRAFT D9 8-11-98 'rhe Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code)': SECTION 1. SUMMARY. The County Ordinance Code requires land use permits for the specified development projects involving hazardous waste or hazardous material in theL-1lilit industrial, W-3 controlled heavy industrial, and H-1 heavy industrialland use districts. County Ordinance Code Chapter 84-63, added by Ordinance No. 86-100,regulates land use permits for development projects involving hazardous waste or hazardous material. This ordinance repeals Chapter 84-63, and adds a new Chapter 84-63 in its place. Articles 84-63.2. 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of Chapter 84-63,as added by this ordinance,sets forth criteria for land use permits for development projects involving hazardous waste or hazardous material, which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8,84-63.10 and 84-63.12 of the new Chapter 84-63 continue to require land use permits for development projects which could significantly and adversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, is renumbered and readopted in its entirety as Article 84-63.14. SECTION'IL Chapter 84-63 of the County Ordinance Code,added by Ordinance No 86-100, and amended by Ordinances Nos. 91-49,90-92 and 90-73, is repealed in its entirety, and is replaced by new Chapter 84-63,.added by Section III of this ordinance. SECTION 111. Chapter 84-63 is added to the County Ordinance Code, to read 84-63.202 Purpose. The purpose of this chapter is to;promote the health, safety and general welfare of residents and persons in the County by Encouraging businesses and other entities,in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use permits for development projects which could significantly and adversely affect public health,:.safety and the environment. (Ords. 98-_§ 5,96-50,96-20,90-92,. 86- 100.) 84-63.204 Conflict. This chapter is not intended, and should not be deemed,to prevent or preempt'compliance with federal or state laws,:regulations,rules or orders,or to excuse compliance with any other County ordinance,including other requirements of this code, (Ords. 98-_ §5.96-50, 96-20, 86-100.) Article 84-63.4 Definitions 8!5/98 Page 10 AUG-06-1998 07•'47 FROM CCC PRIUATE IND CNCL TO 51058 P.12i13 DRAFT D.9 8-11-98 84-63.442 General. 'As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the contextotherwise requires. (Ords. 98 § 5, 96-54,'96-20.) 84-63.404 "Baseline Period." "Baseline period"means the consecutive'twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a non-nal year of operation. (Oros. 98-_§ 5, 96-50,96-20.) 84-63.406 "Change-in-risk project." A "change-in-risk project" means a new,use of an existing building, structure,or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use Will result in a hazard score higher than the hazard score of the previous use. (Orris. 95--§5,'96-50 96-20.) 84-63.448 "Commercial property." "Commercial property"means all properties with a commercial designation in the general plan including but not limited to the following: commercial, regional commercial, airport'commercial, office,and business park. (Ords. 98-_ § 5, 96.50,96-20:) 84-63.410 "Development project." (a)A "development project" means anew permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project As used in this section, "permanent" when used to describe a building, structure,or facility,or the new use of an existing building,structure,or facility(change-in-risk project) means that the building,structure, facility or use is intended to be in operation for more than six months. (b) A "development proicct" does not include; (1) Pipelines and related equipment more than 300 feet from commercial or residential property. Relatedpguip gnt includes. but is not limited t%items such as valves, fiittin s.RiRe mp2rts.insulation.i'" str=entation. corrosion; roteet on Mtems. eat tracings seems leak contai e t sy§tgms.and Lire,pLotection s,' sterns. Re aced tg uipMent does not inc uric sto a tanks, s ora a vessels rocess Wilts or plgWs. mechanical wtaling,e 'pn mete. .. utn s compressors, motors.Curb' e .' tenial combustion en"ines,etc. . However.the Zoning Admini5Zot r my determiag.at the Zoning Administrat is sole diLZgetion, that minorui' rnent define' above as not related is exempt frvm'the ordinance. (2) Any project consisting only of maintenance,repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased 8f5/9$ Page 11 AUG-06-1998 0?:48 FROM CCC PRIUATE IND CNCL To 51058 P.13i13 DRAFT D.9 8-11-98 (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes.provided the transportable treatment unit will be located on site for maximum time limit of one year. The Director of Community Development will have the authority to grant a one year time extension if the applicant can demonstrate to the satisfaction of the Director that the unit is temporary. Otherwise,a land use permit will be required ifthe unit will remain on the site beyond the time limit specified above. (4) Any project for which permit applications have been deemed complete on or before the eMctive date of this chapter by the Bay Area Air Quality Management District, or other government agency with jurisdiction over the'project=provided the oroiect auplic tion has been deemed compete within one calendar year and has completed CEOA documentation.' The proponent of a project described by subsection (4)of subdivision(b)of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Orris. 98-_§ 5 96-50, 96-20,90-92,86-100.) 84-63.412 "Dispose." "Dispose" means to discharge, deposit, inject,dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters,: including ground waters. (Ords. 98-_§ 5 96-50, 96-20„ 86-100.) 84-63.114 "Equipment" „Equipment" means pipes,pumps, vessels and other similar types of apparatus. (Orris. 98-_§ 5, 96-50, 96-20.) 84-63.426 "Facility." "Facility" means a group of buildings,structures, or units with the same purpose on contiguous parcels (including parcels separated by a right-of-way, as defined in.section 1002-2.002'of this Code) under common ownership or control. (Ords. 98 § 5,96-50, 96-20.) 84-63.418 "Finished Product"means a material which can be sold to market as a; commodity. 84-63.41520 Hazardous material." "Hazardous material"means any material that, because of its quantity,concentration, or physical or chemical characteristics,poses a significant present or potential Ward to human health and safety or to the environment if released into the workplace or the environment,and includes any material that is listed in the Code of Federal Regulations,Title 49, Section 172. 101 (Hazardous Materials Table),as amended from time to time. (Orris. 98-_§ 5, 96-50,96-20 86-100.) 84-63.43022 " hazardous waste. "Hazardous,waste"means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 815/98 page 12 TOTAL P.13 AUG-06-1996 08:16 FROM CCC PRIUATE IND CNCL: TO 51096 P.01/02 DRAFT D.9 8-11-98' California Administrative Code, Division 4, Chapter 30 or defined as a hazardous waste under Health & Safety Code section 25117.. generally as follows: (a) "l iazardous waste" means either of the following: (l) A waste,or combination of wastes, which because of its quantity,concentration, or physical,chemical, or infectious characteristic may either:_ (A) Cause or significantly contribute to an increase in mortality or an increase:in serious irreversible,or incapacitating reversible'illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated,stared.transported, or disposed of, or otherwise mana,ged'. (2)A waste which meets any of the criteria for the identification of a hazardous waste adapted by the State Department of Toxic Substance Control pursuant to the Health Safety Code section 2514 1. (b) "Hazardous'waste"" includes, but is not limited to, federal'Resource Conservation and Recover Act("RCRA'")hazardous waste,extremely hazardous waste and acutely hazardous waste, (Orris. 98-_ § 5, 96-50,96-20, 86- 100.) 84-63.424 "Intermediate Product" means a material.which requires further process; treatment on-site or off-site to produce a irnished product whiob can be sold as a commodity. 84-63.4U26 "Manage.," "Manage" means to generate, treat, store,transport, use or dispose of'hazardous material or hazardous waste. (Ords. 98-_§ 5,'96-50,96-20,86-140.) 84-63-428 "Proeess Unit" means a collection of interconnected vessels and eau t�ment_ designed to arae urif .react, co bine or otherwise the call or h sically alter one or more feed materials. o roduee ne or more fnished or intermediate' oducts and associated wastes,defined by plot:or boundary limits. For example. a ca ytic cracking unit,'a h dr crackin gcomlex,etc. Pieces''of a process unit sue as um s commessQrs.towers. reactors "vessels and other suizbectuipment and armurterianco,do not constitute a process unit. 84-63.42430 "Project Description."on." "Project description"means a written description and explanation of the construction and operation of a development project'. A project description shall address all phases of and for the life of the project. The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score, (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size(in square footage or acreage)of the property on which the facility is located. $13/98 Page 13 AUG-06-1996 07:54 FROM `,CCC PRIMATE IND CNCL TO 51098 P.01/18 DRAFT D.9 8-11-98 (b) An area map showing the facility in relationship to the surrounding community; and (c) A description of all significant operations involving hazardous material and/or hazardous waste currently beim;managed, and/or proposed to be managed, including a brief general history of the facility: (d) A sura ary_of the baseline data for all five years and a iustification for the selection of the representative baseline year ofdata used in the malculati on of the hazard score. The Community Development Director may wive the requirement of submitting any or all of the information required by paragraphs(a) through(e-d_),above. (ands. 98=._§ 5 96-50', 96-20.) 84-63.4UP "Residential property". "Residential property"means all properties with a residential designation in the general plan,including but not limited to the following: single family residential,multiple family residential,and mobile homes. (©rds. 98 § 5,'96-50 96-20.) 84-63.42$34 "Sensitive receptor." The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed:child day care facilities, and similarly less-mobile populations,and detention facilities including jails,youth camps anis ` other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in.Health and Wety Code section 1418(a),and "child day care ;facility„ has the meaning set forth in Health and Safety Code section 1596.750. "School" means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ards. 98--§ 5,96-50,96-20.) 84-63.4306 "Store." "Store"means an act to contain hazardous wash or ha=dous ; material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 98-_ § 5,96-50; 96-20,91-49, 86-100.) 84-63.43.238 "'Transport.," "Transport"or"transportation" means an act to move hazardous waste or hazardous material by truck,rail,sly-mgd a vessel or pipeline. (Orris.98- § 5,96-50, 96-20, 86-100.) Article 84-63.6 Applicability> 84-63.602 Applicability. Except as otherwise provided in this chapter, any person proposing a development project in tie -/'.light indust ria district,the W-3 cgnpnlled heavy' industrial district. or the; -1aheavy industrial district diet-shall be subject to the provisions of this chapter, In addition,except as otherwise 8�Sf98 Page'14 AUG-06-1998 07.55 FROM CCC PRIVATE IND CNCL TO 51098 P.02/18 DRAFT D9 8-11-98 provided in this chapter,any person proposing-a development p_roiect in-a -1 planned unit district on land desi rated for industrial use in the =enezmt Rlan shall be subject to the provisions of this chapter. (Orris. 98-_§ 5,96-50,96-20 86-100.) 84-63.604 Exemptions. The following projects and structures are exempt from the provisions of this chapter: (a) Any project built solely to comply with federal,state,regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations,rules,or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal,state, regional or local' laws. A facility claiming,an exern tion under this section. must tle a co of the enforcement; order and proposed project description within thirty f3-0 days ofrce%pt of the order. (b) if any building, structure, or facility is destroyed or damaged by disasters such as earthquakes, floods,offsite fires,or an act of god or the public enemy, the facility may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project;, (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including''Best Available Control Technology(SACT)or at least the same level of control that previously existed,whichever provides the greater level of protection to the public; (3) The rebuilt project tides not have a higher hazard score than the destroyed or damagedproject(both rebuilt and destroyed or damaged project to be scored as if they are new), (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project, (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor that the destroyed or damaged project;and (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damned project, will not manage hazardous wtiS#cs in quantities greater than the destroyed or damaged project, will not manage Hazard Category 13 materials in quantities greater than 10%more than the amount managed by the destroyed or damaged project,and will not manage Hazard Category C''materials in, quantities seater than'10%more than the amount managed by the destroyed or damaged project. (c), A development project in which both the size,as deftned in section 94-63.1012 and the monthly transportation quantity are less than: 8!5198 Page 15 AuG-06-1990 07:55 FROM CCC PRIUAT8 IND CNCL TO 51098 P.03/18 DRAFT D.9 8-11-98 (1)for Hazard Category C materials-4000 tons (2) for Hazard Category B materials-5 tons' (3)for Hazard Category A materials the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List(Appendix A to 40 CY R Chapter 1, Subehapter J. Part 355,as amended from time to time),or 500 pounds, whichever is less. (Urds. 98-_ § 5.96-50,96-20 90-92, 86-100.) Article 84-63.8 Standards and Procedures 84-63.802 Application for Applicability Detennination; Exemption. Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination' whether a land use permit maybe required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a)or(b)or 84-63.606, Projects exempt under section 8463.604(0)are not required to submit an application pursuant to this section. If the hazard sore of project is 69 or less and the project does not increase the amount of hazardous waste or hazardous material managed as compared to the baseline of the last three years, a determination of non-coverage and an application therefor are not required. The applicationshall include all information necessary to complete and verify the hazard score of the project. such as chemical identification, distances to nearest receptors,and transportation route's-, and a summary ofthe Live year baseline data. The application shall be accompanied by all fees established by the Board of Supervisors. (Orris. 98-_§ 5 96-50 96-20, 91-49, 90-92, 86-100, 84-63.804 Application,Review,Determination. No later than ten calendar days after receipt of an application, or the submittal of additional information,the Community Development director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. 'Within twenty;calendar d.ys'; of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806,an exemption pursuant to section 84-63.6114(a)or(b), or a determination that a land use permit is required pursuant to section 84-63.1002. (Urds. 98 § 5,96-50, 96-20,90-92.) 84.63.806 Determination of non-coverage. Upon determining that a proposed project has a hazard score up to and including 79 or that the project is exempt pursuant to section,84- 63.604,the Community Development Director shall issue a determination of non-coverage or exemption. A determination of non-coverage for projects with a hazard score between 70 and 79, inclusive,means that the project is not subject to the requirements of article 84-63.10,but is subject to sections 84-63.808 and 84-63.810. Proiects with a hazard score below 69 and projects which are exempt pursuant to sections 84-63.604 are not subject to the requirements of sections 84-63.808 and 84-63.810. (Ord:s. 98 § 5, 96-50,46-20.) 815!9'8 Page 16 AUC-06-1998 07:56 FROM CCC PRIDATE IND CNCL TO 51096 P.04/18 DRAFT 119 8-11-98 84-63.808 Determinations - Public Notice. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Orris. 98-_§ 5, 96-50 96-20,91-49, 90-92, 86100.) 84-63.810 Determinations Further Public Notice. For projects with a point assignment between 70 and 79, inclusive,within five working clays of issuing a determination of non-coverage,the Community Development Director shall mail notice on the date of the detennination to;all organizations and individuals who have previously submitted a written request for such notice'. The Community Development Director shall publish a four-inch by six inch advertisement in a newspaper of general circulation within ten calendar days of issuing a, determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project,provide the names and phone numbers of arrepresentative of the Cominuni'ty Development Department and-a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal trust be filed. ' (Orris.98-_ § 5, 96-50,96-20,91-49, 90-92.) 8443.812 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810. whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section,appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 98-_§ 5,96-50,96-20 86-100.)' Article 84-63.10 Land Use Permits>-When Required 84-63.1002 Hazard Score; Permit Required. Unless otherwise exempt from the requirements of'this chapter,a land use permit shall be required for a'development;project proposed for the management of hazardous material and/or hazardous waste if any of the following aooly- fa) the development project obtains a barard score of 80 or more pursuant to the formula set forth in section 8463.1004; (hY for haard ogey-ory A materials c leve o ent 'r 'ect stores ce a uantit 5o; ICd� Thrwhold�Planning trams on tttc Extrernel Hazardous 1'�S crials List' 8/5/98 Page 17 RUG--06-1598 07:56 FROM CCC PRIVATE IND CNCL TO 51098 ` P.05/18 DRAFT D.9 8-11-98 (AI212endix,A of 40 Code of Federal Regulations Cha t r 1 Subch ter I Pan 355 arne from time to time-or-2D-00 pounds,whichevcr is less, or fel for hazard catego a A or B materials,the development project will result in a new process units u less the recess unit complies with Section 84-63.1004 d 1 throu - Credi for reductions or projects to be closed. Modifications to an existing 'process unit does not consatute'a new process unit-: or d for haza d gate o' B materials W ingle vessel that has a fill to the'maxi znum capacity of40,000 toms or more unless the vessel:,comolies with Section 84-63.1004 fd) l throutr 6 Credit f4rreductions or projects to be closed. subject to the provisions of this article. (Ords. 98 § 5 96-50,96-20.) 84-63.1004 Hazard Score. (a) Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula. ((T+C+F)xHJ +D +A; where the following symbols have the following designations: "T" refers'to the point assignment for"Transportation Risk "D"refers to the point assignment for"Community Risk-Distance from Receptor"; "C"refers to the point assignment for"Community Risk -Type of Receptor "A"`refers to the point assignment for "Facility Risk- Size of Project- Total Amount" "P" refers to the point assignment for "Facility Rask- Size of Project-Percent Change' and "H" refers to the point assignment for"Hazard Category of Material'or Waste." (b)Proiect Hazard Score. if more than one category of hazardous material or hazardous waste is used,the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score - for the project will be used. (#•rt) Point Assignment. The factors set forth in subdivision(a),above,shall have the following point assignments. TRANSPORTATION RISK(T) POr1VTS Truck -residential/commercial 10` (>25%increase or new) 81519'$ Page 18 AUG-06-1999 07:57 FROM CCC PRIUATE IND CNCL TO 51098 P.0618 DRAFT D.9 g-11-98 Truck-residential/commercial 9 (>5 - 25Flo increase) Truck - Industria] (>25% increase or new) 8 , Truck Industrial(>5 -25% increase)` 7 Rail - (>25%increase or neve) 6 Rail -(>5 -25%increase) 5 ghitMarine Vessel- (>S%increase) 3 Pipeline-(>5%increase) l 0 - 5%increase 0 COMMUNITY RISS Distance of project from receptor(D)- 0-300 feet 30 >300 -400 feet 29 >400 -550 feet 28 >550- 700 feet 27 >700-900 feet 26 >900- 1200 feet 25 >1200- 1500 feet 24 >1500 -.1800 feet 23 >1800-2100 feet 27 >2100-2500 fees 21 >-2500-2800 feet 20 >2900- 3200 feet 19 Page 19 AUG-06--1998 07:57 FROM '' CCC PR I UATE IND CNCL T'0 51098 ` P.07/18 DRAFT ll9 8-11-98 >3200 -3500 feet I B >3500 - 3800 feet 17 >3800 -4000 feet 16 >4000-4200feet 15' >4200 -4500 feel 14 >4500 4$00 feet 13 ' >4800 - 5400 feet 12 >5400 - 5700 feet 11 >5700 -6000 feet 1 >6000 -6500 feet >6500 '7300 feet >7300 - 8000 feet 7 >8000-8600 feet 6 >8600 - 10,000 feet >10,000 - 1.1,000 feet >11,000- 12,500 feet >12,500- 14,000 feet 2 >14,000- 16,00 9--l-5,9-40 feet 1 Type of receptor(C); Sensitive rR,eceptor 7 Residential Property Commercial Property 4 $!5/9fi Page 20 AUG-06-1998 07;57 FROM CCC PRIUATE IND CNCL TO 51098 P.@8118 DRAFT D.9 8-11-98 FACILITY RISK: SIZE OF PROJECT Total Amount of Change, tons(Conversion to tons I ton-2000 pounds)(A): >40,000 30 >32,000-40,000 29` >'18,000-32,000 28 >I 0,000 - 18,000 27 >6„000 10,000 26: >4,000 - 6,000 25 >2,100 4,000 24 >1,200-21,100 23 >750 - 1,200 22' >400 - 750 21 >200-400 20 >1:.50- 200 19 >90-150 1g >50- 90 17 >30- 50 16 >20- 30 15 >10- 20 14 >6'- 10 13' >4-6 12 >2',-4 11 >1 -2 10 8/5/9,8 Page 21 AuG-X6-1998 07:57 FROM CCC PRIVATE IND CNCL TO 51098 P.09/18 DRAFT: D.9 8-11-98' >0.8 - l 9 >0.5 - 0.$ >0.35 - 0.5 7 >0.25 - 0.356 >0.20 - 0.25 5 >0. 18 0.20 4 >0. 14-0.18 3 >0. 12 -'0.14 2 >0. 10 -0. 12 1 no change(0. 10 or less) 0 Percent Change (P) New 6 >200% g >100%-200°fa " 4 >50%- 1000/0 3 >10%- 50%0. 2 >1% - 10%u 1 00/0.1% p HAZARD CATEGORY OF MATERIAL (H) Category A 5 Cateory B 3 Category C 1 $15191 Page 22 AUG-06-1998 07:57 FROM CCC PRIVATE TND'CNCL TO 51098 P.10r18 DRAFT D.9 8-11-98 (eA) Credit for reductions or projects to be closed. A development project that would have a hazard score of8tl or more as determined by the formula in this section Miall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the fallowing criteria are met: (1) *ncc project to be closed or reduced is in the same facility in which the development project is proposed. (2) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application,during which period the production schedule has been reflective of normal production schedule; (3) The project to be closed or reduced is the direct result of the proposed development project; (4) The project to be closed or reduced has a higher hazard score than the proposed development project; (5) The ha ird category of the material or waste in the development,project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and (6) The development project will be more than 3013 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project to be closed shall also be determined by the formula set forth in subdivisions(a)and(b) of this section and pursuant to the provisions of this article. An determining the hazard score for the project to be closed or reduced, said project"be deemed a new project. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting;difference will then be subtracted from the hazard scare of the development project to obtain a hazard score adjustedfor the closure or reduction. The adjusted hazard scare shall be the basis for determining whether a land use permit shall be required under this chapter. A deter .inaticn by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project clostme or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth ia section 84-63.810. (dome) Closure, reduction required. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision(de)applies only in { cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (Ords. 98-_ § 5,'96-50, 96-20.) St M Page 23 AUG-06-1998 0?:58 FROM CCC PRIURTE IND GNCL TO 51098 P.11/19 DRAFT ' D.9' 8-11-98' 84-63.10116 Determination of Transportation Risk.. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tone per year for each hazard category proposed. The transportation risk point assignment shall he calculated for each mode of transportation' proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 8463.l 0a4(b),Transportatiorn Risk. For purposes of determining whether track transportation is through residentialYcommercial or industrial areas, the shortest legal route from the closest two-lane(or larger)freeNvay shall be considered. If the route used in the County does not traverse a two-lane (orlarger) freeway,the entire route shat I be considered. (Ords. 98-- § 5,96-50,''96-20.) 84-63.1008 Determination of Community Risk-Distance to Receptor. "Distance to Receptor shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive rceeptor used to determine the hazard score of a development project: (Ords. 98'•- § 5 96-50,96-20.) 34-63.1010 Determination of Community Risk-Type of Receptor. A hazard score shall be developed for each type of receptor(residential property,commercial property and sensitive receptor)within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the development project. The receptor that produces the highest hazard score shall be used to determine the hazard scare of the development project. Receptors more than three miles from a development project shalt not be considered. (Ords. 987._§ 5,96-50,96-20.) 84--63.1012 Determination of Project R k-Size. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the-maximum capacity of the development project,including amounts stared in'tanks;>reactors; columns;process lines; tank cars,tank trucks or rail cars when connected to process equipment;or any other receptacle used for the contaim-neat orhazardous materials and/or hazardous wastes.. The amount of material in hazard categories A, B,or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used,the amounts of materials(A,B,or C) shall be used with the respective'hazard category in the formula in section 84-63.1004. The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons(or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of 2000 pounds equaling one(1') ton shall.be used. $iSf4$ Pago 24 AUG-06-1988 0?:58 FROM "CCC PRIUATE IND CNCL TO 51098 P.12/19 DRAFT D.9 8-11-98 The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ords. 98 § 5, 96-50, 96-20.) 84-63.1014 Determination:of Project Risk-'Percent Change. The percent change of a dke -pehazard cateaory shall be determined by comparing the amounts of materials for the respective hazard categories A, 13,or C to be added to the site as a result of the development project to;the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. (Orris.98-~_ §5 96-50, 96-20.) 84-63.1016 Determination"of Hazard Category. (a) Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section. (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S.Department of Transportation("D.O.T.")Code of Federal Regulations, Title 49("49 CFR"), Section 172. 101,Hazardous Materials Table." From columns(3)and(5), extract the "Hazard Class or Division" and"Packing Group" information, then proceed to 49 CFR 173.2 to determine the"Name of Class or Division." Proceed to subdivision(c)of this section to determine the materialhazard category as either A, B or C. If a material is listed in 49 CFR. 172. 101 more than once, the rating that results in the highest hazard'category shall be used., The hazard category of a mixture is determined according to its common name as defined in Title 49 (2) Where a ha-rardous material,or-waste, or mixture is not referenced in 49'CFR 172. 101,and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS'for the D.U.T. "Hazard Class or Division," "Packing Group" and 'Name of'Class or Division." Proceed to subdivision(c)of this section to determine the material hazard category as either A, B or C. (3) Where the preceding:methods are not successful, the Contra Costa County Health Services Director or his designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column(6)of 49 CFR 172. 101, Methyl chloride,and the metals Antimony,,Mercury,Lead,Arsenic, Thallium and Cadmium and their compounds,shall be hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. (b) .,Exclusions. Regardless of the hazard category obtained using the methods set forth in subdivision(a) above, Hot Coke, Hot Coal Briquettes,and materials not regulated by D.U.T. or which halve no D.O.T. Ha-rard Class or Division are not regulated by this chapter. (c)Hazard Categories. hazard Category A Materials 8/5198 page 25 AUG-06-1998 07:59 FROM CCC PRIVATE IND CNCL TO 51098 P.13/18 DRAFT D.9 8-11-98' I'. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1,as defined in 49 CFR 173.50(b)(1)through 173.54(b)(6). II1. Reactive Materials A. Air Reactive Materials Class 4,Division 4.2 as defined in 49( FR 173.124(b)(1) and(2). B 'Water Reactive Materials- Class 4.Division 4.3 as defined in 49 CFR 173.I24(c). C. Organic Peroxides - Class 5,Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Gass 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Picking Group T Class 5,Division 5.1 as defined in 49 CFR 173.127(a)when Packing Group i is requi'red per 49 CFR 173.127(b)(2)(I). VI. Poisons,D.O.T. A. Poisons, Class 6,Division 6.1 as defined in 49 CFR. 173.133 (applies to all ha7ara zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR. 173.134, V11. poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). Hazard Cateeory B Materials V111. Flammable Liquids Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a)., TX Flammable Solids Class 4,Division 4.1 as defined in 49 CFR 173.124(x). 8/5198 Page 26 AUG-06-1998 07:59 FROM CCC PPIUATE IND CNCL TO 51098 P.14/18 DRAFT` D9 $-I1-98'; X. Oxidizers,D.O.T. Packing Group II Class 5,Division 5.1 as defined in 49 CFR 173.127(a) when;,Packing Group 1I, is required per 49 CFR 1'73.127(b)(2)(ii), X1. Flammable Gases Class 2,Division 2.1 as defined in 49 CFR. 173.115(a). X11. Corrosives,D.O.T. Packing Croup I or 11 Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a)and 171137(a)and(b). Hazard Categog C Materials XIII. Non-flammable Compressed Cases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as definers in 49 CPR 173.120(b) XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. XV7. Oxidizers D.U.T. Packing Croup III Class 5,Division 5.1 as defined in 49 CRR 173.127(x)'when Packing Group III is required.per 49 CFR 173.127(b)(2)(iii). XVII. Corrosives D.O.T. Packing Group III Class 8 Packing'Group III as defined in CFR 49 173.136(a) and 173.137(c).' (Orris. 98-__..§5,96-50, 96-20.) Article 84-63.12 Land Use and Variance Permits 84-63-1202 Granting. An applicant for a land use permit shall submit a'project description. Land use permits'required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Orris. 98-_ § 5,96-50, 96-20, 86- 100.) 4/5/98 Page 27 AUG-06-1996 07:59 FROM CCC PRIVATE IND CNCI TO 51098 p.15/18 DRAFT' D.9 8-11-98., Article 84-63.14 Offsite Hazardous Waste Facility Compliance With County Hazardous Waste Management Plan 84-63.1402 Authority. This article is enacted pursuant to Health and Safety Code sections 25135.4and 25135.7.concerning the siting of offsite hazardous waste facilities. (Orris. 98-.i § 5 96-50,96-20. 90-73.) 84-63.1404 Definitions. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 ct seq.)'. (b) "County Hazardous Waste Management Pian"means the county hazardous waste' management plan adopted by the Board of Supervisors on August 29 1989'and amended by the Board of Supervisors on January 30, 1990,approved by;,a majority of the cities within the county which contain a majority of the population of the incorporated area,and approved'by the State Department of Health Services on February 28. 1990,as said plan is amended from time to time. (c)` "Hazardous waste facility" means all contiguous land and::structures, other appurtenances,and improvements on the land used for the treatment,transfer,storage, resource recovery,disposal,or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment,transfer,storage, resource recovery, disposal,or recycling hazardous waste management units,or combinations of these units'. (d)> "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur; (1) Hazardous waste that is produced offsite is treated, transferred, stared,disposed or recycled. (2) Hazardous waste that is produced onsite is treated,transferred,stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. Ords. 98-- § 5,96-20, 96-50, 90-73.) 84-63.1.406 County Hazardous"Waste Management. All land use permit, variance,or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous;Waste'Management PIan which identify siting criteria,siting principles or other policies applicable to hazardous waste facilities. Before'granting the application,the division of the planning agency hearing the math initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords.98--§ 5, 96-50, 96-20,90-73;Health& Safety Code, §§ 25135.4. 25135.7.) 815198 Page 28 AUG-06-1998 08;00 FROM CCC PRIVATE IND CNCL TO 51098 P.16/.18 DRAFT D.9 8-11-48 84-63.1408 .Exclusion. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. (C}rds. 98-_§ 5,96-50, 96-20, 90-73.) SECTION V. SEVERABILITY.-This ordinance shall he construed to achieve its purpose and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application,and to this end the provisions of the ordinance are declared to be severable and are intended to have independent.validity. SECTION VI. PREEMPTION. Nothing in this ordinance is intended, and nor shall it be deemed,to excuse or prevent compliance with any state or federal law. If any provision'of this ordinance,or the application thereof to any person or circumstance is found by a.court of competent jurisdiction to be preempted by any applicable state or federal law,the Board of Supervisors declares that its intent{I}that such provision be severable from the remainder of the ordinance,and (2)that the remainder of the ordinance be given effect in accordance with the provisions of Section I of this ordinance. In the event of any conflict or inconsistency between this ordinance and applicable federal or state statutes or regulations,the federal or state" requirements shall control. SECTION VI. EFFECTI'V'E DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published-in this County. PASSED on by the following vote: AYES: NOES: ABSENT:' ABSTAIN: ATTEST:Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Chair [SEAL] hmind6.doc 815198 Page 29 EXHIBIT B D.9 8-11-98 ORDINANCE NO.98-_ (Building and Related Permits for Oil Refineries and Chemical Plants) The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance amends Title 7 of the County Ordinance Code, to repeal the industrial security exception to the requirement to submit plans and specifications, and to add Chapter 72-5, on building and related permits for oil refineries and chemical plants, as specified; SECTION II. Section 72-4.008 of the County Ordinance Code is amended,to provide that mechanical or process equipment used in manufacturing at facilities subject to Chapter 72-5 are subject to the provisions of Title 7,as specified,to read: 72-4.008 Building Regulations. This title shall also apply to alterations of any building or structure which affect the structural strength,fire hazard,exits, lighting or sanitary condition of any building or structure. This title does not apply to ordinary nonstructural changes or.minor repairs or alterations necessary for the maintenance of any building or structure. Subject to the requirements of Chapter 72-5, this title does not apply to mechanical or process'equipment used in manufacturing. Subject to the requirements of Chapter 72-5,construction or work otherwise subject'to this title,done under the continuous supervision of any employee or agent of the applicant who shall also be either an engineer or architect certified or licensed in the state or a qualified person familiar with construction code requirements,may be performed if approved by the director of building inspection,without filing precise plans therefor,but pursuant to a general application sufficient in detail to show compliance with other applicable'ordinances or regulations. Such applicant shall be required to maintain appropriate records and notify the director of building inspection of such work,and the director of building inspection shall make periodic inspections of the records and the work to ensure compliance with code requirements. The director of building inspection may refuse the exemption herein provided and require full compliance with regular building'permit and inspection procedures if he finds'that such person is not qualified to determine compliance with code requirements,or if the work as performed does not in fact meet code requirements, (Orris. 98--, §2;67-74; 1631: prier code§7101(d): Ord. 1372.) SECTION III. Section 72-4.010 of the County Ordinance Code is repealed. July 24, 1998 D.9' SECTION IV. Chapter 72-5 is added to the County Ordinance Cade, to read 8-11-98`' Chapter 72-5 APPLICATION TO OIL REFINERIES'AND'CHEARCAL PLANTS 72-5.002 Application. Notwithstanding any other provision of this title,construction at oil refineries and chemical plants shall comply with the requirements of this title,subject to the provisionsof this chapter. (Ord. 98--_, §4•) 72-5.004 Annual Building and Grading Permit. (a)Annual building and grading permits may be issued for construction and grading work pursuant to this section. (b)Application,scope. Annual building and grading permit applications shall be submitted on forms and in such detail as required by the director of building inspection. Annual building and grading permits may be issued for periods not to exceed twelve months,covering work identified in the permit to be done within the permit period,that meets the following qualifications: (1) Foundations less than five(5) feet deep. (2) Structural'steel supporting equipment less than 10,000 lbs. (3) Utility line trench excavations less than six(6) feet deep and excavations for lines less than 36" in diameter for routine maintenance,repair and/or replacement of existing piping including piping for water(potable,raw,processing, fire), sewage, wastewater,electrical and storm drainage facilities. (4)Individual grading projects(fill and/or excavation) for routine work within the refinery or chemical plant site on trenches, dikes,roadways;parking or storage'areas that comply with all the following: (A)Cuts and fills are no greater than 4'feet. (B)Graded material is not imported to or exported from the refinery or chemical plant site and total graded material dues not exceed 1,000 cubic yards. (C)Existing and new slopes are no steeper than 5:1;(except repairlmaintenance of existing dikes). (D)No work takes place within any drainage course,wetland, or environmentally sensitive area. (E) Work complies with NPDES and the County's`Clean Water Programs. ORD..99- July 24, 1998 Page 2 D.9" 8-11-98r (c) Excluded work. An annual permit may not cover any of the following: (1)Construction of, or major modifications to, a building. (2) Foundations five(5) feet or deeper.' (3) Structural;Steel supporting equipment 10,000 lbs. or heavier. (4) Utility line trench excavations six(6) feet or deeper. (d)Amendments. Annual building and grading permits may be amended from time to time upon application to, and approval of the director of building inspection. Work covered by such amendments are subject to the provisions of section 72-5.010. (Ord. 98-_, §4.) 72.5.006. Low voltage, replacement in kind.. This title does not apply to installations and relocation of existing electrical equipment of 110 volts or less, or to electrical maintenance work limited to replacement of equipment in kind or with functionally equivalent components. (Ord. 987__, §4.) 72.5.008Annual Electrical Maintenance Permit. (a) Subject to section 72-5.006; annual electrical'maintenance permits may be issued for maintenance, repair,reconstruction,' replacement,and relocation of existing electrical equipment and installations pursuant to this section, (b)Application, scope. Annual electrical maintenance permit applications shall be submitted on forms and in such detail as required by the director of building inspection. Annual electrical maintenance'permits may be issued for periods not to exceed twelve months, covering work identified in the permit to be done during the permit period. (c)',Records,accessibility. The permittee shall maintain records of the work done pursuant to an annual electrical maintenance permit, including location,cost,date, and such other detail as may be required by the director of building inspection in writing to the permittee. All work done pursuant to an annual electrical maintenance permit'shall remain readily accessible'and visible for inspection. (d)Amendments. Annual electrical maintenance permits may be amended from time to time upon application to and approval of the director of building inspection. Work covered by such amendments are subject to the provisions of section 72-5.010; (Ord. 98-_, §4.) 72-5.010` Contact,Inspection and Reporting. (a)Application. Any oil refinery or chemical plant that has been issued an annual building and grading'permit pursuant to section 72-5.004, or an annual'electrical maintenance permit pursuant to section 72-5.008, shall comply with the requirements of this section. ORD 98 July 24, 1998 Page 3 4 D.9 8-11-98 (b)Contact. The director of building inspection and the oil refinery or chemical plant shall each designate a single individual as the liaison to the other organization for all matters pertaining to permits and inspections. The designation may be changed from time to time upon written notice to the other. (e)Quarterly inspection. An inspection/tour will be,given to the director of building inspection on a quarterly basis, at a time reasonably designated by the director. During the inspection/tour,the director of building inspection shall be given the opportunity to inspect all work done pursuant to annual building and grading, annual electrical maintenance, and/or other permits during the previous quarter. (d)Additional inspections. In addition to quarterly inspections pursuant to subdivision (c) of this section,periodic facility inspections shall also be conducted by the director of building inspection. Based upon the findings of the director of building inspection'during the quarterly and other inspections,the director of building inspection may require that the permittee engage an approved inspection or quality control agency to review/inspect specific technical issues relating to construction being'performed. (e)Reports. Quarterly reports shall be prepared and submitted to the director of building inspection. The report shall include a listing of work performed during the quarter under all permits, including annual building and grading and/or electrical permits. The report shall also address all concerns raised by the director of building inspection during the previous quarterly inspection;and any other concern raised by the director and not addressed in any previous quarterly report. (Ord. 98-_, §4.) SECTION V. FEES. The Board may from time to time,by ordinance or resolution,establish and/or amend fees to be paid by oil refineries and chemical plants for permits issued pursuant to chapter 72=5. SECTION VI. SEVERABILITY. This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid,such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION VII. PREEMPTION. Nothing in this ordinance is intended,,and should not be deemed,to excuse or prevent'compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law,the Board of Supervisors declares that its intent is for such provision to be severable From the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section VI of this ordinance. ORD.98- July 24, 1998 Page 4 D.9 8-11-98 SECTION VIII. OPERATIVE DATE. This ordinance becomes operative on and does not apply to construction commenced before SECTION IX. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published Once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a'newspaper published in this County. PASSED on , by the fallowing vote. AYES:. NOES; ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By; Deputy Board Chair [SEAL] H:\LFIJJI\MISC\SLDNG\ORDS\7249&o.wpd ORD'. 9$- July 24, 1998' Page 5 08/04/19918 04:46 925-933-6133 JAS E SIMMONS PAGE 02 „}�•4 �.� UNITED STAT"IENVIRCMMONTAL PRC,TrEC'T'It3N AGENCY ANOLREGION IX 75 Howthome shvet San r FaWidscca, CA 94106 Au u;at 10, 1998 "0JU TDM TO Fadre"Mal""and Kurth Tikalk FROMSandra Ce W)). Sax DivraWoax i'II Ger Ct tram Co"C wny TWd Pau°ty R view of the t a d:�Teigl"w Ordina= Aar,aa:ffoilmu-up to imr ftvWi aid,void Tmi mesugers,I am m*g r,tbM people for IWA4dcrafton as tWrd p ty rrevkW/4 rs of C*WM COM Ccx�'as 000d Ne*Abaur ordinance. f have worked with all thane of thm in the aha do d"dew prevention on prograw. I+tobeart ftrrisb,N4&=W.Atcide ma l Redd Pre.ntm Ptogram,Doawmt Depadme w o1 1+,TaAttal Resources and Eavimmnaaattati'C;ontral (302)323-4542.-Bob hers more thaw thirty yeah avvier46 in bosh goverrartie u and Whuttry., Hes has worked Ousay with the prop sn a industry and BPA beadgourtal to develop a model risk rn*Wmmt and avddtm PwvOction'plan, He bases also worked on prev+en4an ins"with major chwr GOraspa ,(e.g..Dow rr eT)in the State%of Delaware. Mat*Zwy Sup n s", Clic auoal Ar dant Prev=don PWS Ne va&Division of onmeeriw ProtesWon,(702)6974610 on.5012--Mark also beer worked in both SovetrAuent and iraduwy on ch deal accident pre enation iscsu+es He is a cher<nica l eapiam with " lent technical skMr,and expetiece-in the Uewhd-of Clark County Mautwoon anal SMD,NervaA* working with componies'such as Kart M+egee and Pioneer'Olor-'Mab Sgudr a Catrrc k EPA Supafwd Division(415)744-2320—R vra rebzoing to grad school, i was then ReSm IX prwm let for chetW rat a+ccidtst p veettm under the Clean Air Act i lir). I have woiked with state and local ap=es on wAident prevention Baa and have been an iPA,ass* s to tw Stow of C rlifta-nia and Nada(Clem.Air Act am guperfbad Pr►Vsr). Be&re my EPA dais T worked d in t1w. Caths,LcPshrture(ie:Pew)as-Sftff to The NoundRinources and W1kW*'Cctmmittee. CumandY,I aha v0ddA9 OR MY P10 bL ECO- Toxic;and vft the Pum Supwlsr xnd Tom vaa a revue otwwomw responss aelrabMas of RAwari C"Inty and Punaar cloodwtrcal Vel, ce;Beatsy a�rrw Au&• 10. 1998 8 09A 1 8 .W LYNCH CO INC 925 831 9892No-0954 P. 2 RA &Cehuda SaW h 12"Urmiaa Way � V AUrfinez,CA 94553-1973 Tel :(925)229.0693 Fax:229-2274 August 11, 1998 Supervisor Mark DeSaulnier 551 'Fine Strftt Martinez,CA,9455 Re:Good Neighbor Ordinance and the New Industrial Safety proposal Den Mr, ag er: We have recendy re+wiewed the difirene"bei the adsthA Good NekSbbor Or&vmer the Safir Communities proposal and the tmduatrW Saft preset'. We urge you to not adopt the new Industrial Safety Ptgmmd. The Tf nE recut accidents at Tosco,this month points out that xiDbWms continue xt the re awnes. '`;Che proposal by industry will not proves the:nooded protection to the onviton and the communities. We u e you to hold public workshops within the communities that ar*at risk and provide copies ofd proposal to thaw In sn avta ea along with a oong4aisvn and andysW of the.diftmoes between the pr sale and the ey dm*g ordinance-- 7bs :aformation roun be avala and mailed' to the public if req We also rwurnnend that after receivM the input from the workshops,the Board noir out all the proposals and each hm ordkahc*to NW kleal At my Bard-,glatmieag Commission and the 11azardou,s Materials Commission for comment awl rmiew. lively, Ralph 4 Celinda;,Sattler 1 � r r r p r 4 4 + y PAW", /tomer a3 14 ,:Mrw�ft. aee./. 1� �f� �.& .rt s...;r r-wr�e__ . ads►,,. ♦ r't. OWE! �Pri! �3t. taf�vilda�! �i'"dL6 k