HomeMy WebLinkAboutMINUTES - 09091986 - 2.9 000
TO- BOARD'OF SUPERVISORS
FROM: Mark Finucane, Health Services Director Contra
CWIQ
DATE: August 5, 1986
County
SUBJECT:California Highway Patrol Authority to Call Private
Cleanup Companies Re Hazardous Material Incidences
SPECIFIC REQUEST(S) OR RECOMMENDATION(-S) & BACKGROUND AND JUSTIFICATION
I. -RECOMMENDED ACTION:
Approve the attached Board Resolution, Life Threatening Hazardous Material
Releases - CHP Authorization to Cleanup Hazardous Materials Spills and Commit
County Funds.
II. FINANCIAL IMPACT:
None: Hazardous material cleanup is now the responsibility of the County Health
Officer and -is funded by a $25,000 revolving account approved by the Board of
Supervisors. Initial CHP authorization of County funds in unincorporated areas
of the county does not alter the subsequent cost to the County.
III. REASON FOR RECOMMENDATION:
This Board Resolution is in response to Captain Ron Oliver, Commander, Contra
Costa Area, California Highway Patrol letter dated December 4, 1985. Presently,
there is a statewide CHP effort to secure hazardous material response agreements
in County (unincorporated) areas where under law, the CHP is the on-highway
incident commander.
IV. CONSEQUENCES OF NEGATIVE ACTION:
The Hazardous Material Incident response protocols, as contained in the Contra
Costa County Hazardous Material Incident Contingency Plan, will continue without
authorization for the CHP to commit County funds in a life-threatening hazardous
material incident.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September 9, 1986 APPROVED AS RECOMMENDED X OTHER X
Also, REFERRED the matter to the Health Services Director and the Hazardous Materials
Committee to review the feasibility and financial implications of including medical
expertise on the response team.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: CHP ATTESTED �1` .� 9 �5�)6
Health Services Director PHIL BATCHELOR, CLERK OF THE BOARD OF
Office of Emergency Services SUPERVISORS AND COUNTY ADMINISTRATOR
Chief William Maxfield
County .Administrator
M382/7-83 BY 'DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 9, 1986 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: gone
ABSTAIN: None
SUBJECT: Life Threatening Hazardous )
Substance Releases -- CHP )
Authorization to Cleanup. ) RESOLUTION ,NO. 86/_543
Hazardous Materials Spills )
and Commit County Funds )
--------- ----------------------------
WHEREAS :
1 . Accidental spills or releases of hazardous substance
occurring during transportation can present a substantial risk to
health , safety, or property.
2. The reported incidents of hazardous substance spills on
the highways in Contra Costa County continue to increase ,
resulting in a considerable potential public health threat .
3 . A life-threatening incident means a hazardous substance
which is actively causing injuries to persons or evidencing severe
damage to property, or that such hazardous substance is dispersing
at a rate which is likely to cause such injuries or damage unless
containment and cleanup measures are initiated immediately.
4. The immediate cleanup and abatement of such life-
threatening incidents are essential and in the best interest of
the public.
5 . County governments are vested with the authority, pur-
suant to Article 1 (commencing with 5450 ) of the California Health
and Safety Code to take such measures as may be necessary to pre-
serve and protect the public health in the unincorporated terri -
tory of a county, and protocols for cleanup and abatement of
hazardous substances by County officials are contained in the
County Hazardous Materials Incident Contingency Plan .
6. Article 4 (commencing with §2450 ) of the Vehicle Code
gives the California Highway Patrol authority for the management
of the scene of a hazardous substance spill or disaster on county
roads or county highways where the CHP is the law .enforcement
agency having primary traffic investigative authority.
Now, therefore, it is hereby RESOLVED that :
1 . This Resolution shall serve as the basis for agreement
between the California Highway Patrol and the County of Contra
Costa , that it is the parties ' joint intention to provide for the
immediate cleanup and abatement of life-threatening incidents on -
highways - in the unincorporated area of this county.
2 . In life-threatening spills on highways in the unincor
porated area of this County, . the California Highway Patrol will
request the transporter to immediately arrange . for the removal of
Orig. Dept.:
cc:
RESOLUTION NO. 86/543
such life-threatening hazardous substance .
3. In such incidents , the California Highway Patrol may,
after attempting and failing to have the transporter assume
responsibility, request the removal of such life-threatening
hazardous substance as an agent of the County, after notifying the
Office of Emergency Services at 228-5000 , or the Sheriff' s
Department at 372-2441 , and requesting the Environmental Health
Division of the Health Services Department to respond, advising
that due to the life-threatening situation that a cleanup contrac-
tor is going to be called .
4. Neither the State of California nor the Department of
California Highway Patrol shall be liable for costs associated
with such life-threatening hazardous substance incident abatement
on highways in the unincorporated area of the County when such
cleanup and abatement request is made pursuant to the terms of
this resolution , in good faith and in the public interest .
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supery sora on the date shown.
ATTESTED:
PHIL BAT HELOR, Clerk of the Board
of Supervisors and County Administrator
By �` , Deputy
-2-
RESOLUTION NO. 86/543