Loading...
HomeMy WebLinkAboutMINUTES - 12091986 - 2.1 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 9, 1986 , by the following vote: AYES : Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES : None ABSENT : None ABSTAIN: None SUBJECT : Hazardous Materials Release ) Response Plans and Inventory ) Program--Area, Inspection and ) RESOLUTION NO. 86/714 Data Management Plans Approval ) WHEREAS recently enacted legislation (AB 2185, Chapter 1167, Statutes of 1985, as amended by AB 2187, Chapter 463 , Statutes of 1986 which added Health and Safety Code Chapter 6. 95 of Division 20 commencing with Section 25500) requires each county to establish a Hazardous Materials Release Response Plan and Inventory Program to assist emergency rescue personnel to prepare adequately for emergency responses to releases or potential releases of hazardous materials; and WHEREAS Chapter 6 . 95 specifically requires each county to develop an Area Plan, Inspection Plan, and Data Management Plan for said purpose, for submission to the State Office of Emergency Services by December 30, 1986; and WHEREAS the Contra Costa County AB 2185 Implementation Task Force has completed development of the Area, Inspection and Data Management Plans, as required by Chapter 6.95, and has recommended their approval by the Board; NOW, THEREFORE, IT IS BY THE BOARD RESOLVED that: 1. The Area Plan and Inspection Plan as submitted to the Board this date are accepted and approved for immediate implementation in Contra Costa County. 2 . The Data Management Plan as submitted to the Board this date is accepted, but implementation is contingent upon further review" and approval by the administering agency. 3 . The Health Services Director is authorized to submit the accepted Area, Inspection, and Data Management Plans to the State Office of Emergency Services by December 30, 1986 . 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the cc: Health Services Director Board of Supervisors on the date shown. A A / . State Office of Emergency Svcs ATTESTED: of11� W1A4Z J 9 IPBL County Counsel PHIL BATCHELOR, Clerk of the Board County Administrator of Supervisors and County Administrator By Deputy RESOLUTION NO. 86/714 s.: To BOARD OF SUPERVISORS FROM: Phil Batchelor Cx)ntra County Administrator ^,� DATE : December 1, 1986 Ter CWIY SUBJECT: Hearing on Hazardous Materials Fee Schedule SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Set Tuesday, January 20, 1987 at 10: 30 A.M. in the Board' s Chambers as the date, time, and place to conduct a public meeting pursuant to Government Code Section 54986 in order to receive oral or written presentations on the attached proposed fee schedule which is recommended for adoption pursuant to Health and Safety Code Section 25513 . 2 . Direct the Clerk of the Board to comply with the notice requirements of Government Code Section 54986. BACKGROUND: Section 25513 of the Health and Safety Code was added by AB 2185 (Chapter 1187 , Statutes of 1985) . This section authorizes the Board of Supervisors to adopt a schedule of fees to be collected from each business required to submit a business plan which is within its jurisdiction. The section further provides that the fee shall be set in an amount sufficient to pay only those costs incurred by the County in carrying out the provisions of AB 2185. Government Code Section 54986 provides that before the Board initially imposes a new fee, the Board must hold at least one public meeting at which oral or written presentations may be made. Persons who have asked to be notified of' any hearing on a new or increased fee must be notified of the meeting at least 14 days in advance. Ten days prior to the meeting, the Board must make available to the public specified data on the estimated cost of providing the service. We are, therefore, recommending that the Board fix January 20, 1987 for this purpose and direct the Clerk of the Board to comply with the necessary notice requirements. CONTINUED ON ATTACHMENT. YES SIGNATURE' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SUTURE 1 S 1: aZU406 ( p' i ACTION OF BOARD ON December 9, 98 APPROVED AS RECOMMENDED XX OTNER AUTHORIZED Health Services staff to send a letter to all industrial associations in the County notifying them of the adoption of the Plan and urging them to encourage other counties to use the Plan as a working model. VOTE. OF SUPERVISORS 1 H?JIEBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED _ /i ��, �/� County Counsel 9, -QS-� Health Services Director PHIL BATCHELOR, CLERK OF THE BOARD OF County Auditor SUPERVISORS AND COUNTY ADMINISTRATOR Industrial Association Council of Industries Q � M382/7_83 Contra Costa Council BY DEBT THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUBJECT: Hazardous Material Release Resolution No. Response Plans and Inventory Program: 1987 Schedule of Fees Whereas: 1 . Health and Safety Code, Chapter 6.95, Section. 25500 et seq. requires each county to establish a local program to allow emergency response personnel to prepare adequately for emergency responses to releases or potential releases of hazardous materials. 2. Health and Safety Code requires specified businesses to submit business plans which contain release response plans and Inventories of hazardous materials. These plans and inventories are required by law on December 30, 1986. y - 3. Health and Safety Code, Section 25513 provides that each county may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from each business required to submit a business plan. L. Health and Safety Code, Section 25513 provides that in adopting a schedule of fees to be collected from each business, the Administering Agency shall consider the volume and degree of hazard potential of the hazardous materials handled by the business. 5. Health and Safety Code,Section 25503(e)(2) requires a Data Management System to be in operation within two years after the business plans are required to be submitted. 6. The Data Management System will contain all of the elements for a billing system based on the volume and hazard potential of the hazardous materials handled. However, since it will not be available for approximately two years, an interim standard to establish those fees must be determined. Orlg. Dept.: cc: 1987 Schedule of Fees Page two. Now,therefore, it is hereby RESOLVED that: 1. A Business Plan registration fee shall be set in amount sufficient to pay only the costs incurred by the Administering Agency, in carrying out California Health and Safety Code, Division 20, Chapter 6.95, Section 25500 et seq. 2. Since the hazard potential and number of businesses handling hazardous materials will not be known until after receipt and analysis of. business plans in 1987-1988, an administrative fee consisting of a flat registration fee and size fee will be assess- ed during the first two 'years of the program. 3. The flat fee will be based on one half the anticipated cost of the program divided by the number of known handlers. 4. The size fee will be based on one half the anticipated cost of the program and will be computed by size of business as determined by number of employees in the following employees ranges: � • No. of employees Size Flat TOTAL Fee Fee FEE 1 - 4 $ 17.00 $129.00 $ 146.00 5 - 9 $ 84.00 $129.00 $ 213.00 10 - 19 $ 169.00 $129.00 $ 298.00 20 - 49 $ 337.00 $129.00 $ 466.00 50 - 99 $ 843.00 $129.00 $ 972.00 100 - 249 $ 1 ,686.00 $129.00 $1 ,815.00 250 - 499 $ 4,215.00 $129.00 $4,344.00 500 - 999 $ 8,429.00 $129.00 $6,556.00 1000 & over $ 16,858.00 $129.00 $16,987.00 The overall fee will be the total amount of the flat fee and the size factor. 5. Each year the fee will cover the period January 1 - December 31., New handlers starting business after July 1 of any calendar year will be assessed a six (6) month fee the first year. 6. The fees shall be non-transferrable, non-refundable and set on a facility basis. 7. Additional administrative fees of 25% may be assessed for: a. Failure to respond to inquiries relating to compliance with these regulations and; b. Late filing of business plans, beyond a 90 day notice of non- compliance. 8. In December 1987, a review will be completed by the Administering Agency to determine if this schedule of fees is equitable and appropriate to the costs of the program. 9. The administering agency reserves the right to adjust the fee upwards or downwards. where the fee based on the number of employees clearly bears no relationship to the volume and hazard potential of the materials handled.