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MINUTES - 09011998 - SD2
P 70: BOARD UE SUPERVISORS Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR � �` ;� County am•/��.� i(�'� DATE. August 26, 1998 c 'x SUBJECT: REQUEST FOR EXTENSION OF TIME TO FILE REPORT FROM CONSULTANT REVIEWING THE INDUSTRIAL SAFETY ORDINANCE SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECti MMENDATION: GRANT an extension of time within which to file reports from the consultant who will be reviewing the Industrial Safety Ordinance, from the Planning Commission, from the Hazardous Materials Commission and from the Health Services Director so that these reports are all filed with the Board of Supervisors on November 3, 1998 rather than October 13, 1998. BACKGROUND: Can August 11, 1998, the Beard of Supervisors received and referred to the County Planning Commission, Hazardous Materials Commission,County Administrator and Health Services Director the Industrial Safety Ordinance which had been presented to the Board by Supervisors DeSaulnier and Canciamilla. The County Administrator was authorized to select a consultant to review the Industrial Safety Ordinance and return a report from the consultant to the Board at the same time reports were received from the County Planning Commission, Hazardous Materials Commission and Health Services Director. The precise date to report back was left to the County Administrator. CONTINUED ON ATTACHMENT: -/--YES SIGNATURE: -K–RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -2—'CAPPROVE OTHER SIGNATURE 5 ,ACTION OF BOARD ON____< �epteMber j, j APPROVED AS RECOMMENDED OTHER DIRECTED that the County Administrator provide a proposed action plan for community meetings; FURTHER DIRECTED that the consultant include Supervisor Uiikema's proposed Industrial Safety Ordinance of December 2, 1997 in the ordinances reviewed for the report to the Board of Supervisors. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES. NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVIS07 THE DATE SHOWN. County Administrator ealth services Director ATTESTED Contadgommunity Development Director PHIL BATCHELOR,CLERK R OF THE BOARD OF cc: SUPERVISORS AND COUNTY ADMINISTRATOR County Planning Commission {Via Cpl } Hazardous Materials Commission(Via HSCD) Aj BY DEPUTY Since August 11, 1998,the six potential consultants whose names were shared with the Board on August 11 have been contacted, along with two other potential consultants whose names were received shortly after the Board meeting. A scope of work for the consultant was prepared and shared with each of the potential consultants to determine their interest, availability and competence. Copies of the Industrial Safety Ordinance,the Safe Communities Ordinance and Ordinance 96-50 were also shared with each of the interested applicants. After reviewing these documents, three of the potential consultants indicated an interest and submitted resumes and bids. Representatives from industry, labor and environmental organizations were asked to review the resumes and rank the three potential consultants. It became clear that our effort to speed up the process in order to report back to the Board of Supervisors by our target date of October 13, 1998 was causing problems because of vacation schedules and the very short period of time which was allowed to submit names of potential consultants and then review the resumes. As a result, we determined that we would have a better end product if we were to take a little more time and allow all of the interested parties to submit more names of potential consultants and allow more time to review the resumes of those who are interested in being considered. As a result, it is not going to be possible to complete the selection process for a consultant,get the consultant on board,hold the agreed-upon community meetings, provide the consultant time to complete his or her report to the Board and bring the entire package back to the Board on October 13, 9998. In addition, staff to the County Planning Commission and Hazardous Materials Commission have indicated that they would appreciate a'little more time in which to consider this most important subject. We have, therefore, moved our target date for reporting back to the Board of Supervisors to November 3, 1998 and would appreciate the Board's agreeing to provide this extension of time in order to allow adequate time to complete the process. -2- D.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: December 2, 1997 MATTER OF RECORD The Board considered the recommendations of Supervisor Uilkema relative to the -introduction of a proposed Industrial Safety ordinance that would replace Ordinance No. 96-50. The following persons spoke in opposition to the proposal: Doyle Williams, Plumbers and Pipefitters Union, ; Local 342, 1026 Crystal Court, Walnut Creek; Tom Adams, Building Trades Council, 652 Gateway, #900, SouthBan Francisco, David Nesmith, Sierra Club, (no address noted) ; ; Grad F'eere, Contra Costa Building Trades Council, 935 Alhambra Avenue, Martinez; Denny Larsen, R.A.P. Coalition, 500 Howard Street, #506, San Francisco; Tam Baca, Boilermakers Union, 213 Midway Drive, ` Martinez; Jahn Dalrymple, Central Labor Council, 525 Green Street, Martinez; Donald Zampa, 146 Old County Road, Tormey; and Jim Payne, OCAW, P. 0. Box 349, Martinez. All persons desiring to speak were heard. Following discussion on this matter, the Board agreed to take no action on the proposed ordinance. THIS IS A '1dATTER FOR RECORD PURPOSES ONLY NO FOR24AL BOARD ACTION TAKEN r I TO. BOARD OF SUPERVISORS Contra FROM: . SUPERVISOR GAYLE B. UILKEMA � Costa County R wyya :y DATE: November 24, 1997 SUBJECT: CONSIDERATION OF AN IN'DUST'RIAL SAFETY ORDINANCE AND RELATED ACTIONS SPECIFIC REOUEST(SI OR AECOts MENDAFION{S}&$ACKI.; t3ND AND JUSTIFICATION RECOMMENDATIONS: 1. CONSIDER the attached Industrial Safety Ordinance as proposed by the Health Services Department. 2. DEFER discussion and introduction of the Industrial Safety Ordinance until December 9, 1997. 3. Declare the INTENTof the Board of Supervisors to adopt a companion Ordinance which deals with the issues of worker training and safety as related to the Industrial Safety Ordinance. 4. Declare the INTENT of the Board of Supervisors that the Industrial Safety Ordinance would become effective simultaneously with the adaption of a Worker Training & Safety Ordinance. 5, Declare the INTENT of the Beard of Supervisors that Ordinance 96-50 would be superseded in its entirety_upon adoption of both an Industrial Safety Ordinance and a Worker Training & Safety Ordinance. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON PROVED AS RECOMMENDED OTHER `1 R 6. DIRECT the County Administrator to provide the Board of Supervisors by February 3, 1998 with a compilation of all costs to enforce, negotiate, and administer Ordinance 96-50 since its adoption. Casts should include staff costs, materials and supplies expended by the Office of the County Administrator, Health Services Department, Community Development Department, County Counsel's Office, the outside attorney's billings, other appropriate departments and other outstanding costs which have not yet been paid. 7. DIRECT the County Administrator, at the first meeting of the Board of Supervisors each month, beginning March 3, 1998, to provide a report to the Board of Supervisors updating his report from February 3, 1998 on the costs for implementation of Ordinance 36-50. 8. Agree to APPOINT an appropriately constituted Task Force to formulate and draft a Worker Training & Safety Ordinance. In this regard, DIRECT the County Administrator to return to the Board' of Supervisors by January 13, 1998'with recommendations for appropriate membership for the Task Force. 9. D'IRE'CT the County Administrator to investigate the possibility,of retaining the Center for Cooperative Solutions at the University of California at Davis to serve as a facilitator for the Task Force which is being asked to draft a Worker Training & Safety Ordinance and report back to the Board with his findings and recommendations by ,January 13, 1998, 10. Fly. an achievable date certain for the Task Force to present a Worker Training & Safety Ordinance to the Board of Supervisors. 11. SCHEDULE a date certain for a public hearing on the Worker Training & Safety Ordinance. BACKGROUND: Contra Costa County is spending great deal of taxpayer money in the defense and implementation of Ordinance 96-50. The funding now going into the defense of the Ordinance would be better applied to monitoring industrial plants and assuring the public that the County is aggressively pursuing all measures to control, decrease and prevent industrial accidents. The Board of Supervisors has stated collectively and repeatedly that its primary goal in regard to industrial facilities is to provide the maximum public and worker safety. It is apparent that as Tong as the issues of industrial safety and worker training requirements are co-mingled, it will be extremely difficult to settle the pending lawsuit or come to agreement'as to how the County's goads can be achieved'. If we continue down this path, I believe that: +� Costs will continue to escalate. +� County staff will be constantly bombarded by assertions of non-compliance. +� County Counsel will be inundated by enforcement efforts. An endless amount of taxpayer money will be spent. -2- It is far more logical to divide the issue of industrial safety from that of worker certification and training and adopt two separate ordinances. The Board of Supervisors can easily provide for periodic reviews of the ordinances to assure that the County is meeting both its industrial safety promise and its responsibility to the public. In reviewing the proposal from the Health Services Department, it is apparent that the focus of its proposed ordinance deals with facility operations, direct reporting requirements and with root .cause analysis that will be used in facility reviews to attempt to prevent similar accidents. The County is directly involved and assumes considerable responsibility in the monitoring of industrial facilities. The issues of worker safety and training are not discussed in the Health Services Department's proposal. In view of the fact that Ordinance 96-50 did address the issues of worker safety and training, it is apparent that if we adopt only the Health Services Department's proposal, there will be worker safety and training concerns which will not be addressed. Therefore, it will be necessary to consider a companion ordinance, the Worker'Training & Safety Ordinance. There is much to be said for the adoption of two ordinances, particularly if we expect the Ordinance to be long-standing and accomplish the results we seek, not only today but in the future. By bifurcating the issues, the Industrial Safety Ordinance can be modified as technology changes. It is clear that with issues such as the use of methyl tertiary- butyl ether (MTBE) and likely changes to the Clean Air Act at the Federal level, industrial production standards and practices will be impacted. The newly created Industrial Safety Board is also likely to produce recommendations which will require technological changes. As a vocal public rightfully demands closer scrutiny of industrial emissions and their impact on public health, a separate ordinance which addresses only facility operation can easily be modified to adapt to more stringent or revised standards as they emerge. Such flexibility allows the County to perform its public health and enforcement responsibility at a level which is expected by the public. Such flexibility also allows the County to incorporate the results of root cause analyses quickly into plant safety operation requirements. The Industrial Safety Ordinance as proposed by the Health Services Department is an either/or ordinance. The standards are set and a stationary facility such as a refinery either does or does not meet the criteria. Regardless of the status of refinery operations, whether it is a maintenance turnaround or some other project, compliance levels are established. The County, in its monitoring role, will be able to determine whether or not health standards are being met. The responsibility is on the refinery operation to meet the criterion of public health. The standards of the ordinance are constantly applicable and do not rely on time frames which are artificially set based on plant'operations. The levels of emissions for public health are clearly stated and compliance can be quickly determined. After adoption by the Board of Supervisors, the pudic health standards are immediately set. Similarly, by bifurcating the issues, the Worker Training and Safety Ordinance can separately respond to training and certification issues which are integral to newly established standards. As industrial modifications occur, it is logical to assume that worker training must change to be able to deal with new technology or work practices. There is;greater flexibility in a separate ordinance which solely deal's with worker certification based on expected standards of training. As new skills are -3- needed, the ordinance can be modified to require that training be compatible with workplace needs and that appropriate levels of training are met by industrial workers. It is clear that worker training may need to be periodically updated in order to provide maximum safety. Standards of expectations can be quickly incorporated as a certification requirement for employment. All of theseflexible practices decrease the chances of industrial accidents by assuring a qualified workforce, Dr. Paul Hill, Contra Costa County's safety consultant, stated that Contra Costa County is light years ahead of other jurisdictions in its monitoring of industrial facilities. The opportunity to adopt an ordinance which allows modifications based on root cause analysis and which also recognizes Contra Costa County's advanced status of monitoring should not be lost or ignored. A flexible ordinance which allows for modifications aimed at public safety improvements would allow Contra Costa County to continue its cuffing-edge status. It is in Contra Costa County's best short and bang-term interests, from a financial and public safety point of view„to bifurcate the issues of Ordinance 916-50 and seek to replace the Ordinance with a workable set of companion ordinances. The issue of industrial safety regarding facilities can be cleared addressed by adoption of the Health Services Department's proposal. The issue of Worker Training and Safety can be addressed by'a separate ordinance which is independent from the Industrial Safety Ordinanceproposal and could be formulated by an appointed task force. Bifurcating these two issues allows Contra Costa County to decrease the possibility of endless expenses in ongoing negotiations in dealing with co-mingled issues. However, far more importantly, the adoption of separate ordinances allows greater flexibility in being able to deal with the basic issues of facility, public and worker safety in the future. A two-track proposal insures that both critical components of Ordinance 95-59 are preserved, yet allows for a productive separation of the issues in order to resolve them.` Of even greater benefit, approval of the above recommendations will produce a plan Which is workable and allows for the flexibility of modification as technology and regulations change in the future: -4- Camra Costa County D ,7 Health Services Department ENVIRONMENTAL HEALTH DIVISION OCCUPATIONAL HEALTH/HAZARDOUS MATERIALS DATE: August 5, 1997 ' TO: Phil Batch or,Co ty Adm ni tar 05 1997 FROM: Lew P Deputy Duector Certified Unified am ency,Hazardous Materials SUBJECT: Land Use Permits and Hazardous Materials Industrial Safety Ordinance CC: Dr. William Walker Our office was recently requested to prepare an alternative safety ordinance. In addition, we are making the following recommendations: The Good Neighbor Ordinance, 96-50 be replaced with the ordinancesupplied in Attachment A; The Hazardous Materials Industrial Safety(Attachment B)be referred to the Board of Supervisors for consideration,and Community Development work with industry to develop a requirement for the issuance of building permits for industrial construction projects. The Hazardoerials industrial Safety Ordinance would provide the followin g Provides the framework for additional safety requirements at industrial sites; Requires Process Hazards Analysis for all process units at specified industrial facilities; Requires root/underlying cause analysis for catastrophic releases and thoseevents that could have reasonably become a catastrophic event; Allows review of root/underlying cause analysis by HSD and independent conduct of underlying cause analysis by HSD; Allows an audit of the specified industrial facilities once every 3 years-audit will include review of roottunderlying cause analysis,preventive maintenance Program,and the site's use of inherently safer technology;and Provides for public review of the inspection results and facility plans for mitigations. ATTACHMENT A .. • . ORDINANCE NO, 97- (Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) 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): SI CT10N I, SUMMARY. The County Ordinance Code requires land use permits for specified development projects Involving hazardous waste or hazardous material In the L-I light Industrial,W-3 controlled heavy industrial, and H4 heavy Industrial .land use districts. County Ordinance Godo 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, 8"3.6, 84-63.8, 84-63.1O 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, 8463.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of 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 11. 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 8463, added by Section III of this ordinance. 31ECTION 111, Chapter 84-63 is added to the County Ordinance Code, to read. CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article 84$3.2 �al M&3.292 EuMo a 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. 96-20 § 3, W-92, 86-100.) fi4&3. ,4 , onflirA. 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. 96-20 § 3, 86-100.) ArficIQ -63.4 Dafinitions 84&3.402 GenMI As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96.20 § 3.) 84-53.404 "Baseline Ee 'god." "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 normal year of operation. (Ord. 96-20 §3.) 84-63A06 ".Qhanoe-In-risk orolW" A"change-in-risk project"means a now 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. (Ord. 96-20 § 3.) -4!63 0JJ "Commercial MQaertv." "Commercial property"means all properties with a commercial designation in the general plan Including but not limited to the following; regional commercial, airport commercial, office, and business park. (Ord. 96-20 § 3.) 84-63 '" yE,to nit p V&." (a) A"development project"means a new -2- ORD. 97- 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 intendedto be In operation for more than six months. (b) A"development project"does not include: (1) Pipelines and related equipment more than 300 feet from commercial or residential property. UMMMAN (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. (3) Any transportable treatment unit that has obtained all required permits and Is used solely for site remediation or waste treatment purposes 11 lam (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other govemnment agency with jurisdiction over the project 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 -3- ORD. 97- requirements in effect prior to the effective date of this chapter. (Ords. 961-20 § 3, 90-92, 86-100.) ,3.412 -210M." "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. 96-20 § 3, 86-100.) 84&3.14 ",au ." "Equipment"means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-20 § 3.) 64&3.416 ", .lj ." "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parols (including parcels separated by a right-of- way, ight-ofway, as defined in section 1002-2.002 of this Cade) under common ownership or control. (Ord. 96-20 § 3.) $ 3.418 "Hazardous material." "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if releasedinto 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 Fable), as amended from time to time. (96-20 § 3, 86-100.) M&3.420 "Hazardous waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California department of Health Services under 22 California Administrative Codet Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Cade section 26117, generally as follows: (a)"Hazardous waste" means either of the following: (1)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. . (S) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored,transported, or disposed of, or otherwise managed. _4_ ORD. 97- .7, (2)A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health&.Safety Cade section 25141. (b) "Hazardous waste" includes, but is not limited to, (federal Res6urce' Conservation and Recover Act{"RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. W20§ 3, 86-100.) OAMAZ2 "Manage." "Manage" means to generate,treat, store,:transport,`use or dispose of hazardous material or hazardous waste. (Orris. W20§ 3, 86-100.) IN 84&3.424 "ftlectOes tE�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. (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 being managed,and/or proposed to be managed, including a brief general history of the facility. LORD. 97- The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a)through (a), above. (Ord. 96-20§'3.) 8"3.426 "Residential pmpe "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. (Ord. 96-20§ 3.) , $ "Sensitive c_eukr." 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 and other looked 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(x), "long term health care facility";has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility"has the meaning set forth in Health and Safety Code section 1696.750. "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. (Ord, 96-20§ 3.) fIA&3,3 "%ore "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Orris. 96-20 §3, 91-49, 86.100.) &3.432 "TMqort." "Transport"or"transportation"means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96.20§ 3, 86-100.) &rficle&3,6 �p lica ility Anollcability. Except as otherwise provided in.this chapter, any person proposing a development project which might otherwise be allowed in any zoning district shall be subject to the provisions of this chapter. (prds. 96-20 § 3, 86-100.) -6- ORD. 97- B-4-63.6-04 Exemn# ns. 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 nuisanceabatement orders or other short4erm 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. i (b) if any building, structure or facility is destroyed or damaged,by;disasters such as earthquakes, floods, offsite frees, or an act of god or the public enemy, the building, facility or structure 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 does not have a higher hazard score than the destroyed or damaged project (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 than the destroyed or damaged project, and (7)The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project,will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not _7_ ORD. 97- manage Hazard Category B 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 to quantities greater than 10% more than the amount Managed by the destroyed or damaged project. (c)A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than; (1) for Hazard Category C materials-4000 tuns (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 C.F.R Chapter 1, Subchapter J, Part 355, as amended from time to date), or 500;pounds, whichever is less. (Ards. 96-20§ 3, 90-92, 86-100.) Jj4&3.006 #j ,. Can the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including,but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act(42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq,), Toxic Air Contaminants, and Food and Agriculture Code'Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and'Training Act(Labor Code Section 6360 et seq.) shall'be exempt from the requirements of this chapter. (Ords. 96.20 § 3, 86-100.) article 84-83.8 Standards and Predurea 84&3..802 ARPl .on for.Applicability Celermini lon: Fxemp%M. 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 at land use permit may be required under Article 8"3.10 or whether the project Is exempt under section 63.604(a) or(b),or 84-63.606. Projects exempt under section 84-63,604(c) are not required to submit an ORD. 97- application pursuant to this section. if the hazard Score of a 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 therefore are not required. The application shall Include all Information necessary to complete and'verify the hazard sore of the project, such as chemical Identification, distances to nearest receptors,end transportation routesl application shall be accompanied by all fads established by the Board of Supervisors. (drds. 96-20§3, 91-49, 90-92, 86-100.) Appijgatign. $ol=. 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 days of the application being deemed complete, the Community Development Director shall Issue a written determination of nor-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.804{a} or(b)or 84-63.806, or a determination that a land use permit Is required pursuant to section 84-63.1002. (Ards. 96.20 § 3, 90-92.) -,.$0a Q.ift M1 nation gf non v rage, 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 or 84-63.806, 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 84-613.10, but Is subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 69 and projects which are exempt pursuant to sections 84-63.604 and 84-63.606 are not subject to the requirements of sections 84-63.808 and 84-63.810. (Ord. W20§3.) IM&3.808 Dakrminations- Public Notice. All determinations of non-coverage made pursuant to section 8"3.846 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of Issuance of the determination. (Ords.96-20 §3, 91-49, 90-92, 86-100.) 8"1810 Metal l a ons-..E't'her PubIQ NoticeFor projects with a point assignment between 70 and 79, inclusive,within five working days of Issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination 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 ORD. 97- 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 a representative of the Community 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 must be filed. " (Ords. 96-20 § 3, 91-49, 90-92.) M&3.812 Wil. Any appeal of a determination of non-coverage shallbe 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. 96-20§ 3, 86-100,) Article 84!!63.10 Lande Pgrits-Men 8%lulLid 8-4---63.1002 H� r-d Scor. Reff t.�e dyed.. 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 ifs the development project obtains a hazard score of 80 or more pursuant to the forrnula set forth in section 84-63.10041 NEW subject to the provisions of this article. - 10- ORD. 97- 2 (95-20 3.) A4&3.1004 bazarg SM. (a) Eonnula The hazard score of a proposed development project shall be determined pursuant to the following formula: [(T+ C + P) xH] + D +A; where the.following symbols have the following designations: 'T'refers to the point assignment for"Transportation Risk"; "D"refers to the paint 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 Risk-Size of Project- Percent Change"; and "H" refers to the point assignment for"Hazard Category of Material or Waste." 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 mated category. The material hazard category which results in the highest hazard score for the project will be used. (ba Po le&Blit Hent. The factors ret forth in subdivision (a), above, shall have the following point assignments: IMNSPORTAT.ION 131Sl (T) POINTS Truck-residential/commercial 10 (>25% increase or new) Truck_ residential/commercial 9 (>5 - 25 % increase) Truck-Industrial (>25% increase or new) S ORD. 97- Truck- Industrial (>5-25% increase) 7 Rail - (>25% increase or new) 6 Rail- (>5-25% increase) 5 Ship - (>5% increase) 3 Pipeline- (>5% increase) 1 0-5% increase 0 CO_ I1II11lUNITY RIEK Distance of REQjeca f'r4m r+ e g (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 - 1`800 feet 23 >1800 -2100 feet 22 >2100-2500 feet 21 >2500-2800 feet 20 >2800 - 3200 feet 19 - 12- ORD. 97- >3200 - 3500 feet 18 >3500- 3800 feet 17 >3800 -4000 feet 16 >4000 -4200 feet 15 >4200-4500 feet 14 >4500 -4800 feet 13 >4800- 5400 feet 12 >5400- 5700 feet 11 >5700 - 6000 feet 10 >6000 - 6500 feet 9 >6500 -7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600 feet 6 >8600 - 10,000 feet 5 >10,000 - 11,000 feet 4 >11,000 - 12500 feet 3 >12,500 - 14,000 feet 2 >14,000- 16,999, feet 1 IYQa Of M.Cel2t0r M: Sensitive receptor 7 Residential Property 5 -13- ORD. 97- Commercial Property 4 F-ACIUTY RISK• SIZE OF PRQJEC-T. Total Amount of chal3ge, tons (Conversion to tons; 1 tan = 2000 pounds)(A): >40,000 30 >32,000 -40,000 29 >18,000 - 32,000 28 >10,000 - 18,000 27 >6,000 - 10,000 26 >4,000-8,000 25 >2,100-4,000 24 >1,200-2,100 23 >750- 1,200 22 >400 -750 21 >200-400 20 >150 -200 19 >90 -150 18 >50- 90 17 >30 - 50 18 >20 - 30 15 >10 -20 14 >8 - 10 13 - 14- ORD. 97- >4 - 6 12 >2 -4 11 >1 -2 10 >0.8 - 1 9 >0.5-0.8 8 >0.35-0.5 7 >0.25-0.35 6 >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 lass) 0 Percent Chance (P) New 6 >200% 5 >I 00% -200% 4 >50% - 100% 3 >10% - 50% 2 >1% - 1'0% 1 0% - 1% 0 - 't5- ORD. 97- }3AZA►�F C3 C_AT "C1BY OF MATERIA!(H) Category A 5 Category R 3 Category C 1 Off JQW1t for t gIons r,protect to-122 closed. A development project that would have a hazard score of 80 or more as determined by the formula In this section shall 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 following criteria are met 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 a normal production schedule; (2a The project to be closed or reduced is the direct result of the proposed development project; (aa The project to be closed or reduced has a higher hazard score than the Proposed development project; ( The hazard 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 (So The development project will be more than 300 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. In determining the hazard score for the project to be closed or reduced, said project shall 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 Z6- ORD. 97- .. subtracted from the hazard scare of the development project to obtain a hazardscore adjusted for 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 determination 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 closure 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 insertion 84-63.810. (do Qlr sure redugliQn rea„_: ulMd. 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 ( ) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (96-20§ 3.) 84&3.1006 Vie. t .inatgnn 2f Trans2rtation Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materiels In a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation 4 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 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two- lane(or larger)freeway shall be considered. if the route used In the County does not traverse a two-lane (car larger)freeway, the entire route shall be considered. (Ord. W20 §3.) 84&3.1008 "Distance to Receptor"shell 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 receptor used to determine the hazard scene of a development project. (Ord. 96-20§ 3.) 0-4&3.1010 Qattrminationgf Qommunb Risk TYl? R -ren or.> A hazard score shall be developed for each type of receptor(residential property, commercial OR©. 97- SPA . ♦ ` / property and sensitive receptor)within three mimes 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 score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord.98-20 §'3.) 84-63,1212 Dettaminatim of P.1 Wed Risk-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--too--the-maximum capacity of the development project, including amounts stored 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 containment of hazardous 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 hazardcategory 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 tans (or pounds) of hazardous materials and/or t hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be'used. The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipates amount of materials for each hazard category as a result of the development project. (Ord. 963-20 §3.) A „91114 DaWrminiftn of ti t�Ri k»P+mnt Ghana2. The percent change of a devel€p t-pfejet ° r shall be determined by comparing the amounts of materials for the respective,hazard categories A. B, 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. (Ord. 96-20 § 3.) 84-53.9018 DeterminWion of Hazard Catecrory. (a) Method gf 0-ete-CMInatloo- 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 -16- ORD. 87- hazardous waste or material shall be by reference to the Winter 1994 version of the U.S.'[department of Transportation CID.O.T.') Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101,HA. Or 2118-M rl ls Table." From columns(3) and (6), 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 material hazard category as either A, B or C. If a materi Class 1, as defined in 49 CFR 173.50(b)(1)through 173.50(b)(6). Reactive Materials A. Air Reactive Materials - Class 4, division 4,2 as defined in 49 CFR 173.124(b)(1) and (2). S. Water Reactive Materials -Class 4, Division 4.3 as definedin 49 CFR 173.124(c). C. Organic Peroxides-Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 GFR 173.403(y). V. Oxidizers D.O.T. Packing Group i Class 5, Division 5.1 as defined in 49 CFR 173.127(a)when Packing Group i is required per 49 CFR 173.127(b)(2)(1). Vl. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 48 CFR 173,133 (applies to all hazard zones). B. infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. VII. Poisson Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). gzard Cateaoty Mattrials. Vill. Flammable Liquids Class 3 Packing Groups 1 and it as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4,1 as defined in 49 CFR 173.124(a). -20- ORD. 97- . , ',• . , • - � 5�=syr; X. Oxidizers, D.O.T. Packing Group If 1 Class 5, division 5.1 as defined in 49 CFR 173.127(x)when Packing Croup 1'1 Is required per 49 CFR 173.127(b)(2)(11). XI. Flammable Gases Class 2, Division 2,1 as defined in 49 CFR 173.115(a). Al. Corrosives, D.O.T. packing Group i or lI Class 8 Packing Croups I or If as defined in 49 CFR 173.136(x)and 173.137(x)and (b). Category-!g Mla X111. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. XVI. Oxidizers D.O.T. Packing Croup Iii Class 5, Division 5.1 as defined in 49 CFR 173.127(x)when Packing Group III is required per 49 CFR 173.127(b)(2)(111). XVII. Corrosives D.O.T. packing Group III Class 8 Packing Group III as defined in CFR 49173.136(a) and 173.137 (c). -21 - ORD. 97- (Ord. 96-20 3.) nide 634-£3.12 Land Use and Variance Permits 84&3.1202 QrarWng. 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. (Ords. 56-20 § 3, 86-100.) Article ��14 Qtt+eHaZgrc ogs WastoFoci tY Qg=llance Wh unN H.azat l to Management_Plan ,84-63.1402 Authoft. This article is enacted pursuant to Health and Suety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-20 § 3, 90-73.) AAM.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 et seq.). (b) "County Hazardous Waste Management Plan"means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1389 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,hander, storage, resource recovery, di disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, shred, 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. 96-20§ 3, 90.73.) 84--63J406. County HgzardauS Vgsfa Mal3ag=e All lend 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 Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planni 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 [II of this ordinance. SECTION Vtl, EFFEt '1"UE_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. PASSEL?on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair UftfW&.39-oMhz3.97f [SEAL] -24- ORD. 97- ATTACHMENT B ORDINANCE NO.97- HAZARDOUS MATERIALS 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 L SUMMARY. This ordinance adds Chapter 451-8 to the County 01rdinance Code. Chapter 450-8 imposes regulations which supplement the requirements of Health and Safety Code article 2 (commencing with section 2553 1)of Chapter 6.95 concerning'hazardous materials management,by imposing measures to reduce the probability of accidental releases of regulated substances that have the potential to cause immediate harm to the public health and safety. SECTION H. Chapter 450-8 is added to the County Ordinance Code,to read: CHAPTER 450-8 INDUSTRIAL SAFETY 450-8.002 BACKGROUND and FINDINGS. The Board of Supervisors of Contra Costa County finds as follows: (a) Recent incidents in Contra Costa County at industrial chemical and oil refusing facilities have prompted the Beard of Supervisors to consider additional measures,to prevent accidental releases of hazardous materials from industrial sites and to require land use permits for development projects handling hazardous materials and hazardous wastes that meet a specified threshold limit. (b) The County recognizes that regulatory requirements alone will not guarantee safety. Preventing accidental releases of hazardous materials is the primary goal of all interested parties including inky,government,and the public. Typically hazardous materials accidents are prevented by identifying the hazards associated with the operation,assessing the risks,and mitigating the identified hazards to reduce the probability of an adverse event: (c) The success of the specified measures to prevent accidental releases of hazardous materials 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 accidental releases of hazardous materials are being implemented to protect the public health and safety. (Ord.97-___, §2.) 450-8.004 PURPOSE and GOALS. (a)The purpose of this ordinance is to impose regulations which improve industrial safety by: 8/5197 Page 1 ........................................................................... ... ........................................................................................................ . (1) Requiring the conduct of and analysis for the determination of the root/underlyng cause for each incident that resulted in,or could reasonably have resulted in a catastrophic release of a hazardous material; (2) Review of preventive measures resulting from the roottunderlying cause analysis, (3) Requite the conduct of Process Hazards Analysis for industrial units handling hazardous materials; (Ord.97 §2..) 450=8.006 AUTHORITY. This ordinance is adopted by the County pursuant to its police power for the purposes of protecting public health and safety by prevention of accidental releases of hazardous materials. (Ord. 97-__., §2.) 450-8.,008 ADMINISTRATION. The County Health Officer is charged with the responsibility of administering and enforcing this chapter. (Ord.97-___., § 2.) 450-8.010 APPLICABILITY. This ordinance shall apply to stationary sources. (Ord. 97-__, § 2.) 450-8.012 INSPECTION. Stationary sources shall allover the Health Officer or his or her designee with reasonable'access to any part of the stationary source subject to the requirements of this chapter for the purpose of determining compliance with this,chapter. (Ord. 97-___,, §2.) 450-8.414 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 meanings ascribed to them in the Clean Agar Act Regulations(40 CFR.§6$.3)and,in California Health and Safety Code article 2(§25531' et sect.)of Chapter 6.95,unless the context indicates otherwise. (a) ",Accidental release"means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.(See Health and Safety Code section 26632.) (b) "Catastrophic release"means a major uncontrolled emission,fire or explosion, involving one or entire regulated substances that the Department determines present imminent and substantial endangerment to public health and safety.(See 40 CFR.§68.3.) 8/5/97 Page 2 509 (c) "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 B in section 84-63.1016. (d) "Department"means the Contra Costa County Health Services Department. (e) "Inherently safer technology"means feasible and proven alternative processing technologies,system safeguards,or process modifications that reflect current industry standards and guidelines to make neve and existing processes and operations inherently safer. {f) "PrOcess"means any activity involving a regulated substance,including any use, storage,manufacturing,hagdling,or on-site movement of a regulated substance or any combination of these activities. For the purposes of this definition,any group of vessels that are interconnected,or separate vessels that are located so that a regulated substance could be involved in a potential release,shall be considered a single process. (See Health,and Safety Code section 25532(e)as amended from time to time.) (g) "Stationary source"or"source"means sites which include process units as defined in 40 CFR.68.1 that are subject to federal RMP program 3 requirements. (h) "Root/Underlying 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 act or condition„and result in an incident. If underlying or root,causes were removed,the particular incident would not have occurred. (Ord. 97- § 2.) 450-8.016 STATIONARY SOURCE SAFETY REQUIREMENTS. The stationary source shall provide the following: (a) Process Hmards Analysis. (1)Process hazards analyses are required:for every process unit at a stationary source. The initial process hazards analysis shall be performed for the entire process unit and shall be completed no later than 2 years following the effective date of this ordinance. Process hazards analyses shall be maintained at the stationary source and made available to the Department for review. Units where no regulated substances are used are not subject to this provision. Process hazards analyses are not required for storage tanks that store less than 1000 pounds of a'regulated substance and which are listed as a Hazard Category B in section M-63.1016. (2) Process hazards analysis methods shall be one of the methods specified in CaliforniaCode of Regulations Title 8 section 5189(e)(1)(Process Safety Management). 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). 8t5197 Page 3 s"ag (b) Root/UU'nderiying Cause Analysis. Root/Underlying cause analyses shall be conducted for each catastrophic release at a stationary source and for releases of regulated substances that could reasonably have had the potential to become a catastrophic release. The methodology of the rootlunderlying cause analysis shall be one of the recommended methodologies from the Center for Chemical Process Safety. The definition of toot/underlying cause used in theconductof analyses shall be as specified in section 450-8.014 of this chapter. Root/underlying yes analyses conducted for releases of regulated substances,all supporting data,and personnel interviews shall be available for review by the DepartmevL The Department may also conduct it's own independent root/underlying cause analysis,including personnel interviews,of a release of a regulated substance. (Ord.97-___, §2.) 45".418 REVIEW,AUDIT,AND INSPECTION. (a) The stationary source shall, allow the Department to periodically audit the progress of the stationary sources'resolution and completion of actions and recommendations specified in the final:process hazards analysis report(s). (b) The stationary source shell allow the Department to conduct ay inspection every three yearsin conjunction with the audit required by the California Health and Safety Code section 25531 et.seq.(California.Accidental Release Prevention Program). The Department,at its option,may select an outside consultant to assist in conducting said inspection.. The safety inspection may include the following items: . (1) the stationary source's use of inherently safer technology for consideration as a process hazards analysis mitigation item,and m the design and review of new processes and facilities, (2) the stationary source's preventive maintenance and periodic replacement program; and. (3) the stationary source's incidents,analysis and:investigation techniques,and resolution of follow-up of action items resulting from the investigations. (c) The Department may comment an incident safety inspection within 60 days of a catastrophic release in conjunction with the provisions of section 450-8.015(b). The inspection shall be conducted with respect to the particular equipment involved in the incident pursuant to the guidelines set forth in this chapter. (Ord. 97-__,§2.) 450-8.020 REQUIREMENTS FOR SAFETY MIPROVEMENTS. (a) Based on the inspection,the Department may(1)specify to the stationary source particular matters which constitute clearly identifiable,substantial risks to community safety;and(2)direct the stationary source to submit plans to significantly reduce such risks. (b) "Within ninety(90)days after receipt of the specification and direction of the Department,the stationary source shall submit to the Department plaits to significantly reduce or eliminate such risks and associated implementation dates. Upon receipt of the facility plans,the 8/5!97 Page 4 Department shall make available for public review the inspection results and facility plans for mitigations as applicable. The proposed plandmodifications shall not be in conflict with any statute,rule or regulations of any Federal,state or local agency,not be in conflict with any activity authorized in any permit or order issued by any Federal,state'or local agency, be technologically reasonable, be directly related to the risk identified,and the cost of the measure shall be reasonably related to the benefit resulting from the reduction of the identified risk and shall be commensurate with costs of alternative measures reasonably available to address the identified risk. (Ord.97 § 2.) 450-9-022 PUBLIC REVIEW OF INSPECTION RESULTS. Upon receipt of stationary source plans as specified in section 450-8.020 above,the Department will make available for public review the inspection results and facility pans for mitigations as applicable for a period of not less than thirty days. Disclosure of any trade secret shall only be made Pursuant to the Health and Safety Code section 25537.5,as amended from time to time. (Ord. 97- §2.) 450-5.024 RESOLUTION OF DISPUTES CONCERNING REQUIRPIIM'N T5 FOR SAFETY Ej4pRovE ENTS. (a) Any disputes concerning safety improvements may be appealed to the County Health Officer. In the event,that the County Health Officer cannot resolve the ssues(s),the dispute may be appealed to the Beard of supervisors. (b) An appeal to the County Health Officer,or subsequently to the Board of Supervisors, shall be only on the grounds that the measures included in the stationary source's,plans are insufficient to address the risks identified in the inspection. Appeals must be filed within thirty days of the closure of the'public review of inspection results allowed for in section 450-8.022. (c) The decision of the Board of Supervisors,shall be the final administrative determination of the County. (Ord.97--_,, §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 of this chapter. Any inspectiontaud t fee schedule shall be set in an mount sufficient to pay only those costs reasonably necessary to carry out the requirements of this chapter,including costs of the hearing board,staff and/or consultant time. (Ord. 97-___., §2.) $!5197Page 5 .......................................................................................................... .......................................................................................................................................................... . 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 failure or omission to act as required herein,is a violation of this code and shall be punishable as a misdemeanor. (Ord. 97-___,, §2.) 4508.030 DMGRATIEC)N WITH CUPA FUNCTION. This chapter expresses, in relevant part,the intent of the County with respect to the implementation of the+California Unified Hazardous Waste and Hazardous Materials Management Program. The,program established by this chapter shall,to the maximum extent feasible,be integrated into the functions ofthe CUPA. (Ord.97-__., §2.) SECTION III. SEvERABILI`T"Y. This ordinance shall be construed to achieve its purpose and preserve its validity. if any prevision 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 IV. PREEmPTIom 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(1)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. SEC oN V. EF'F"EC I I E DATE. This ordinance becomes effective 34 days after passage, and vAthi,n 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 815N7 Page 6 ............................................................................................................................................................................................................ ................................................. of the Board of Supervisors and County Administrator By: Deputy Chair [SEAL] 8/5/97 Page 7 .............................. ...... ....... ................................................................................... ................................................................................................ a REQUEST TO SPEAK ]PORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum„before addressing the Board. Name: �w�� �..�> �° ���''��-� �?.. Phone. _ ' 1irq � Address: ~ City: ,,:�� , em speaking for myself or organization: , (now of orwi*at i tn) CHECK ONE' I wish to speak on Agenda Item # '2 Date: My comments will be: general for against; I wish to speak on the subject of I do not wish to speak but leave these <comments for the Board to consider: .. 1111._. ......... ......... ......... ......... ......... ......... .........11.11.1.111.. .................... ......._. ......... .......... ....... ......... ........ ......... ......... ......... ......... ........ _. . . ......... ......... ......... ......... ........... ....... ......... REQUEST TO SPEAR FORM U (THREE (3) ,MINUTE LIMIT) Complete this form and: place it in the box near the speakers' rostrum kfore addressing the Berard. Name: L- phone Address: city: {{� I am speaking for myself or organization: (name of organization) C8ECR ONE: I wish to speak on Agenda Item # �� atet My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for" the Board to consider: