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HomeMy WebLinkAboutMINUTES - 12022014 - D.6RECOMMENDATION(S): 1. RECEIVE report from the Environmental Health staff regarding proposed new fees and adjustments to current fees. 2. OPEN a public hearing on the proposed amendment to the schedule of fees for the Environmental Health Division of the Contra Costa County Health Services Department, effective January 1, 2015; RECEIVE oral and written testimony regarding the proposed fee adjustments.and CLOSE the hearing. 3. FIND that the proposed fee adjustments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 of Title 14 of the California Code of Regulations. 4. ADOPT Ordinance No. 2014-12, authorizing the collection of a plan review fee for plan reviews and inspections of food facilities and public swimming pools, and authorizing Environmental Health to prorate operating permit fees on a quarterly basis for businesses that commence operations after the beginning of a permit year, and issue specified refunds to permitted businesses that cease operation or are transferred to another person before the end of a permit year. 5. ADOPT Resolution No. 2014/381, establishing and updating fees for the Environmental Health Division, effective January 1, 2015, superseding Resolution 2014/26 in its entirety and superseding Resolution 2007/509 as to all Environmental Health Division rate charges and fees not set by Resolution No. 2014/26, with the exception of solid waste program fees, which shall continue in full force and effect. 6. DIRECT the Conservation and Development APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/02/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marilyn Underwood 925.692.2521 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 2, 2014 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: County Administrator, Health Services Director, Heath Services CEO, Auditor-Controller D.6 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 2, 2014 Contra Costa County Subject:PUBLIC HEARING AND ADOPTION OF ORDINANCE AUTHORIZING ENVIRONMENTAL HEALTH PLAN REVIEW FEES AND OF RESOLUTION UPDATING THE FEE SCHEDULE RECOMMENDATION(S): (CONT'D) Director, or designee, to file a Notice of Exemption with the County Clerk and DIRECT the Health Services Department to pay the Department of Conservation and Development $25.00 to process the Notice of Exemption, and pay the County Clerk $50.00 to file the Notice of Exemption. FISCAL IMPACT: Approval of this Resolution will increase revenues by approximately $360,000 annually to fund Environmental Health program costs. Solid Waste Program fees will be amended in 2015 to achieve full cost recovery of Environmental Health Programs. BACKGROUND: The Contra Costa Environmental Health Division of the Health Services Department exists to protect and promote the health of the people of Contra Costa County, through programs for safe food, safe water for drinking and recreation, and the sanitary management of wastes, and development of land in a manner protective of the environment. Legal authority for environmental health programs is obtained from the California Health and Safety Code, Government Code, Public Resource Code, Water Code, California Code of Regulations Titles 15, 17, 22, and 24, and local ordinances and regulations. The Environmental Health Division is financed wholly with fee revenue. The Division has conducted a retrospective review of multiple years of time accounting data to develop fees for 2015 that are aligned with the inspection activity and risk function by type of business. All field staff account for their time spent on facility inspections by using commercial software developed for the Environmental Health programs. By utilizing the updated time and risk factors by business type, certain fees warrant an increase while other fees can be reduced. The fees charged to businesses/entities are structured to recover the full net cost of services. Within the food program, the Environmental Health Division has adopting the U.S. Food and Drug Administration’s Risk-Based Food Inspections protocol. This has affected the frequency of inspections for Retail Food Facilities, with low-risk facilities being inspected once a year, medium-risk facilities, twice a year, and higher-risk facilities, three times a year. The proposed changes do not impact all programs within the Environmental Health Program. The Local Enforcement Agency Program fees are not being recommended for adjustment at this time. Some Environmental Health fees were recently updated in February 2014. The fees being addressed in this resolution are for project-based work conducted in overseeing groundwater protection when any well or other hole drilling occurs, the construction or repair of on-site waste water treatment systems, and plan review of construction and remodeling of food facilities and public pools. This updated fee schedule also includes the annual permit for public beach oversight and Risk 2 retail food markets that were inadvertently omitted from the February 2014 resolution, the annual permit for a sewage pumper truck or facility, and the annual permit for an alternative on-site waste water treatment system. Environmental Health's Solid Waste Program fees will be the subject of a future report and fee resolution. These new and increased fees are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 of Title 14 of the California Code of Regulations.in that the proposed fees are for the purpose of meeting operating expenses and for purchasing materials and equipment to provide the identified services/ CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the fee increases will result in the Environmental Health programs being underfunded by approximately $360,000 annually. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM The department provided informational charts "Current and Proposed Fees Compared to Other Jurisdictions" and "Current and Proposed Well Activity Fees Compared to Other Jurisdictions" to assist in Board considerations, after the publication of the Agenda. By unanimous vote, the Board accepted the materials into the record (attached). CLOSED the hearing; FOUND that the proposed fee adjustments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 of Title 14 of the California Code of Regulations; ADOPTED Ordinance No. 2014-12, authorizing the collection of a plan review fee for plan reviews and inspections of food facilities and public swimming pools, and authorizing Environmental Health to prorate operating permit fees on a quarterly basis for businesses that commence operations after the beginning of a permit year, and issue specified refunds to permitted businesses that cease operation or are transferred to another person before the end of a permit year; ADOPTED Resolution No. 2014/381, establishing and updating fees for the Environmental Health Division, effective January 1, 2015, superseding Resolution 2014/26 in its entirety and superseding Resolution 2007/509 as to all Environmental Health Division rate charges and fees not set by Resolution No. 2014/26, with the exception of solid waste program fees, which shall continue in full force and effect; DIRECTED the Conservation and Development Director, or designee, to file a Notice of Exemption with the County Clerk and DIRECTEDthe Health Services Department to pay the Department of Conservation and Development $25.00 to process the Notice of Exemption, and pay the County Clerk $50.00 to file the Notice of Exemption. ATTACHMENTS Resolution No. 2014/381 Attachment "A" to Resolution No. 2014/381 - Environmental Health Fee Schedule Eff 1/1/15 Ordinance No. 2014-12 - Environmental Health Permits and Fees Staff Report Environmental Health Expenditures/Revenues and Hourly Rate & Expense/Revenue Calculations Archived Resolution 2007/509 Comprehensive Health Services Department Fee Schedule 1/1/15 RESOLUTION NO. 2014/381 1 ATTACHMENT “A” TO RESOLUTION NO. 2014/381 CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT ENVIRONMENTAL HEALTH DIVISION Current Rate Recommended Rate General Program Section – Service Fees & Penalties Application Fee (Non-refundable) $ 39.00 No Change Violation Re-Inspection Fee $ 174.00 /Hour No Change Change of Ownership/Site Evaluation $ 213.00 No Change Special Service Fees at Hourly Rate with Minimum One-Hour Charge $ 174.00 Minimum No Change Applicable to: Variance Requests Administrative Hearings Field and Office Consultations Non-Routine Site Evaluations Non-Routine Field Inspections (and/or) Re-Inspections Two-Hour Charge $ 348.00 Minimum No Change Applicable to: Health Officer Appeal Hearing IMPORTANT: Permit fees include a non-refundable $39.00 application fee. Time exceeding the hours provided in the service fees set below or provided for services not listed will be charged at the rate of $174.00 per hour during normal business hours and the rate of $224.00 per hour after normal business hours. Food Program Per US Food & Drug Administration, Environmental Health Department is adopting Risk Categorization (RC) of Food Establishments: Risk Factor RC1: Limited Food Prep/ Prepackaged Food- requires 1 inspection per year. Risk Factor RC2: Food Prep involves cooking -requires 2 inspections per year. Risk Factor RC3: Food prep involves cooking, cooling, and reheating - requires 3 inspections per year. Category Units Capacity Current Fees Recommended Fees Restaurants RC1 Seats 0 – 25 $ 698.00 No Change RC2 $ 1,039.00 No Change RC3 $ 1,474.00 No Change Restaurants RC1 Seats 26-49 $ 738.00 No Change RC2 $ 1,100.00 No Change RC3 $ 1,545.00 No Change Restaurants RC1 Seats 50-149 $ 1,044.00 No Change RC2 $ 1,150.00 No Change RC3 $ 1,648.00 No Change Restaurants RC2 Seats 150 + $ 1,086.00 No Change RC3 $ 1,813.00 No Change Tavern / Cocktail Lounge Bar $ 773.00 No Change Snack Bar RC1 $ 640.00 No Change RC2 $ 849.00 No Change Registered Exempt Retail Food Market No Fee No Fee Incidental Retail Food Markets $ 435.00 No Change Retail Food Markets RC1 Square Foot < 2,000 $ 693.00 No Change Retail Food Markets RC2 Square Foot < 2,000 $ 693.00 $ 899.00 Retail Food Markets RC1 Square Foot 2,001-4,000 $ 780.00 No Change Retail Food Markets RC2 Square Foot 2,001-4,000 $ 780.00 $ 1,049.00 Retail Food Markets RC1 Square Foot 4,001-6,000 $ 851.00 No Change 1/1/15 RESOLUTION NO. 2014/381 2 Category Units Capacity Current Fees Recommended Fees Retail Food Markets RC2 Square Foot 4,001-6,000 $ 851.00 $ 1,201.00 Retail Food Markets RC1 Square Foot > 6,000 $ 961.00 No Change Retail Food Markets RC2 Square Foot > 6,000 $ 961.00 $ 1,250.00 Bakery RC1 Square Foot < 2,000 $ 569.00 No Change RC2 $ 957.00 No Change Bakery RC1 Square Foot 2,001-4,000 $ 655.00 No Change RC2 $ 1,044.00 No Change Bakery RC1 Square Foot 4,001-6,000 $ 926.00 No Change RC2 $ 1,131.00 No Change Bakery RC1 Square Foot > 6,000 $ 1,053.00 No Change RC2 $ 1,218.00 No Change Production Kitchen (Fee Exempt) No Fee No Fee Production Kitchen (supports no mobile food facility) $ 920.00 No Change Add’l. Permit for Production Kitchen Restaurant/Caterer (supports no mobile food facility) $ 174.00 No Change Catering RC2 $ 920.00 No Change RC3 $ 992.00 No Change Commissary- supports at least one mobile food facility (MFF) $ 698.00 No Change Add’l Permit for MFF Commissary (Restaurant) $ 174.00 No Change MFF Commissary- (Fee Exempt) No Fee No Fee Limited Use Mobile Food Facility (Vehicle/Carts) (Hot Dog, Espresso, Produce) $ 454.00 No Change Mobile Support Unit/Auxiliary Conveyance $ 96.00 No Change Mobile Food Facility (Full Prep Vehicles) $ 637.00 No Change Mobile Food Facility (Fee Exempt) No Fee No Fee Seasonal Ice Cream Truck $ 454.00 No Change Push Carts 1 – 4 $ 160.00 each No Change Push Carts 5 – 10 $ 131.00 each No Change Push Carts > 10 $ 120.00 each No Change Push Carts (Fee Exempt) No Fee No Fee Temp Events 1-2 Booths $ 171.00/ Booth No Change 3-7 Booths $ 124.00/ Booth No Change 8+ $ 110.00/ Booth No Change Temp Event Applications not submitted two weeks prior to event $ 150.00 No Change Failure to obtain Temp Event permit prior to community event $ 233.00 No Change Seasonal Permit – Up to 3 months $ 498.00 No Change Swap Meet/Flea Market Pre-pkgd Food Stand Square Foot <20,000 sq ft $ 1,500.00 No Change Swap Meet/Flea Market Pre-pkgd Food Stand Square Foot >20,000 sq ft $ 3,001.00 No Change Certified Farmers’ Food Markets RC2 Booths 1 – 25 $ 522.00 No Change Certified Farmers’ Food Markets RC2 Booths 26 – 45 $ 696.00 No Change Certified Farmers’ Food Markets RC2 Booths 46 + $ 870.00 No Change Non- Ag Food Vendor Booths 1 – 5 CFM Fee + $ 418.00 No Change 1/1/15 RESOLUTION NO. 2014/381 3 Category Units Capacity Current Fees Recommended Fees Non- Ag Food Vendor Booths 6 – 10 CFM Fee + $ 525.00 No Change Non- Ag Food Vendor Booths 11 + CFM Fee + $ 734.00 No Change Farm Stands $ 435.00 No Change Food Demonstrator $ 371.00 No Change School Cafeteria $ 783.00 No Change School Satellite $ 261.00 No Change Ice Plant Square Foot $ 243.00 No Change Vending Machines Machines 1 – 4 $ 218.00 No Change Each Machine Machines Over 4 $ 32.00 No Change Wiping Rags Business $ 315.00 No Change Skilled Nursing Facility RC2 0 – 50 Beds $ 1,147.00 No Change Skilled Nursing Facility RC2 51 – 100 Beds $ 1,434.00 No Change Skilled Nursing Facility RC2 101 – 200 Beds $ 1,720.00 No Change Skilled Nursing Facility RC2 201 – 300 Beds $ 2,008.00 No Change Skilled Nursing Facility RC2 300 + Beds $ 2,295.00 No Change General Acute Care Facility RC2 0 – 100 Beds $ 2,295.00 No Change General Acute Care Facility RC2 101 – 200 Beds $ 2,581.00 No Change General Acute Care Facility RC2 201 + Beds $ 2,868.00 No Change General Acute Care Facility RC2 0–100 + 0-50 Beds + Seats $ 3,155.00 No Change General Acute Care Facility RC2 0–100+51-149 Beds + Seats $ 3,441.00 No Change General Acute Care Facility RC2 0 – 100 + 150 Beds + Seats $ 3,728.00 No Change General Acute Care Facility RC2 101– 200+0–50 Beds + Seats $ 4,015.00 No Change General Acute Care Facility RC2 101-200+ 51-149 Beds + Seats $ 4,060.00 No Change General Acute Care Facility RC2 101 – 200 +150 Beds + Seats $ 4,588.00 No Change General Acute Care Facility RC2 >201 + 0 – 50 Beds + Seats $ 4,875.00 No Change General Acute Care Facility RC2 >201+ 51 – 149 Beds + Seats $ 5,162.00 No Change General Acute Care Facility RC2 >201 + 150 Beds + Seats $ 5,448.00 No Change General Acute Care Facility RC2 1 – 20 Food Stations $ 440.00 No Change Cottage Food Operation - CFO Class A Application Packet Review (2.5 Hrs.) $ 400.00 No Change Class B Application Packet Review & Inspection (up to 4 Hrs.) $ 679.00 No Change Renewal of Class A Registration $ 95.00 No Change Renewal of Class B Permit $ 304.00 No Change Housing Jails $ 621.00 No Change Court Holding $ 527.00 No Change Detention Facilities $ 1,402.00 No Change Recreational Health Recreational Water Park One System $ 1,263.00 No Change Each Additional System $ 631.00 No Change Pool – Apartment, Motel, Hotel Multi-Use $ 730.00 No Change Each Additional Pool $ 261.00 No Change Spa - Apartment, Motel, Hotel Multi-Use $ 631.00 No Change Each Additional Spa $ 261.00 No Change Recreational Health (continued) 1/1/15 RESOLUTION NO. 2014/381 4 Category Units Current Fees Recommended Fees Public School /Municipal/Public Pools $ 730.00 No Change Additional Pool $ 261.00 No Change Public School /Municipal/Public Spas $ 631.00 No Change Additional Spa $ 261.00 No Change Splash/Spray Park $ 730.00 No Change Additional Splash Spray $ 261.00 No Change Non Profit: Pools/Spa No Fee No Fee Public Beach One System $ 579.00 $ 1,263.00 Plan Review for Retail Food Facilities and Recreational Health Facilities Each additional hour beyond the time the fee is based upon is at the hourly rate of $174.00. Category Units Capacity Current Fees Recommended Fees PR-Restaurants (up to 11 hours) Seats 0 – 25 Hourly $ 1,914.00 PR-Restaurants (up to 12 hours) Seats 26-49 Hourly $ 2,088.00 PR-Restaurants (up to 15 hours) Seats 50-149 Hourly $ 2,610.00 PR-Restaurants (up to 17 hours) Seats 150 + Hourly $ 2,958.00 PR-Tavern / Cocktail Lounge Bar (up to 11 hours) Hourly $ 1,914.00 PR-Snack Bar (up to 11 hours) Hourly $ 1,914.00 PR-Incidental Retail Food Markets (up to 7 hours) Hourly $ 1,218.00 PR-Retail Food Markets (up to 10 hours) Square Foot < 2,000 Hourly $ 1,740.00 PR-Retail Food Markets (up to 13 hours) Square Foot 2,000-4,000 Hourly $ 2,262.00 PR-Retail Food Markets (up to 16 hours Square Foot > 4,000 Hourly $ 2,784.00 PR-Bakery (up to 12 hours) Square Foot Up to 4,000 Hourly $ 2,088.00 PR-Bakery (up to 14 hours) Square Foot > 4,000 Hourly $ 2,436.00 PR-Catering/Production Kitchen (up to 13 hours) Hourly $ 2,262.00 PR-School (up to 10 hours) Hourly $ 1,740.00 PR- Commissary-mobile food facility (MFF) (up to 12 hours) Hourly $ 2,088.00 PR-Carts Commissary (up to 7 hours) Hourly $ 1,218.00 PR-Minor Food Facility Remodel (up to 6 hours) Hourly $ 1,044.00 PR- Single Equipment Change (up to 2 hours) Hourly $ 348.00 PR- Two Equipment Change (up to 3 hours) Hourly $ 522.00 PR- Three Equipment Change (up to 4 hours) Hourly $ 696.00 PR- Pool (up to 14 hours) Hourly $ 2,436.00 PR- Spa (up to 11 hours) Hourly $ 1,914.00 PR-Pool + 1 (up to 21 hours) Hourly $ 3,654.00 PR-Pool + 2 (up to 34 hours) Hourly $ 5,916.00 PR-Minor Pool/Spa Remodel (up to 6 hours) Hourly $ 1,044.00 1/1/15 RESOLUTION NO. 2014/381 5 Small Water System Permits Category Units Capacity Current Fees Recommended Fees PR- Replastering or replacement of tile/coping, handrail, ladder or steps (up to 3 hours) Hourly $ 522.00 PR- Deck or fence replacement (up to 3 hours) Hourly $ 522.00 Public Water System- Annual Permit Non-Community, surface water system $1,392.00 No Change Non-Community, non-transient surface water system $1,392.00 No Change Non-Community, transient $ 510.00 No Change Non-Community, non-transient groundwater $1,215.00 No Change Non-Community, non-transient groundwater with treatment $1,392.00 No Change Community ground water system 15-24 connect. $1,392.00 No Change Community ground water system with treatment 15-24 connect. $1,392.00 No Change Community ground water system 25-99 connect. $1,392.00 No Change Community ground water system with treatment 25-99 connect. $1,392.00 No Change Community surface water system 25-99 connect. $ 682.00 No Change Community ground water system 100-199 connect. $1,740.00 No Change Community ground water system with treatment 100-199 connect. $ 851.00 No Change Community surface water system 100-199 connect. $ 851.00 No Change Local small water system $ 348.00 No Change State small water system $ 522.00 No Change Non-Community ground water system with food preparation $ 510.00 No Change Non-Community ground water system with treatment $ 870.00 No Change Non-Community ground water system, prepackaged food only No Fee No Fee Public Water System – Plans Review New Community water system $1,740.00 No Change New Non-Community water system $1,740.00 No Change Amended permit because of ownership change $1,218.00 No Change Amended permit because of system change $2,610.00 No Change Enforcement actions pertaining specifically to small water systems $174.00/hour No Change Medical Waste Category Units Capacity Current Fees Recommended Fees Health Care Service Plan Facility $ 1,770.00 No Change Medical/Dental/Veterinary Clinic >200 lbs/month $ 922.00 No Change Medical/Dental/Veterinary Clinic <200 lbs/month $ 101.00 No Change Med/Dental/Veterinary Clinic with on-site treatment systems <200 lbs/month $ 245.00 No Change Med/Dental/Veterinary Clinic with on-site treatment systems >200 lbs/month $ 515.00 No Change Additional fee for large quantity generators with on- site treatment $ 98.00 No Change Primary Care Clinic $ 814.00 No Change Intermediate Care Facility $ 507.00 No Change Acute Psychiatric Care $ 469.00 No Change Acute Care Hospital Beds 251+ $ 2,949.00 No Change 1/1/15 RESOLUTION NO. 2014/381 6 Category Units Capacity Current Fees Recommended Fees Acute Care Hospital Beds 200-250 $ 2,433.00 No Change Acute Care Hospital Beds 100-199 $ 1,930.00 No Change Acute Care Hospital Beds 1-99 $1,580.00 No Change Skilled Nursing Facility >200 lbs/month $ 886.00 No Change Skilled Nursing Facility <200 lbs/month $ 214.00 No Change Skilled Nursing Facility with on-site treatment <200 lbs/month $ 318.00 No Change Specialty Clinic >200 lbs/month $ 814.00 No Change Clinical Lab >200 lbs/month $ 1,216.00 No Change Clinical Lab <200 lbs/month $ 101.00 No Change Clinical Lab with on-site treatment <200 lbs/month $ 318.00 No Change Bio-Med Producer >200 lbs/month $ 1,171.00 No Change Bio-Med Producer <200 lbs/month $ 305.00 No Change Bio-Med Producer with on-site treatment <200 lbs/month $ 318.00 No Change Bio-Med Producer with on-site treatment >200 lbs/month $ 1,378.00 No Change Common Storage Facility Generators 50+ $ 886.00 No Change Common Storage Facility Generators 11-49 $ 334.00 No Change Common Storage Facility Generators 2-10 $ 318.00 No Change Limited Quantity Hauling Exemption $ 118.00 No Change Re-Inspection Fee $174.00 /hour No Change Certification Application Fee $ 39.00 No Change Tattooing, Body Piercing and Permanent Cosmetics Current Fees Recommended Fees Facility – Tattoo/Body Piercing Permit $ 522.00 No Change Facility – Permanent Cosmetics Permit $ 522.00 No Change Body Arts Practitioner Registration/Permit $ 131.00 No Change Body Arts Temporary Event Permit $ 213.00 No Change Mobile Body Arts Permit $ 213.00 No Change Body Arts Plan Review (4 hours) $ 696.00 No Change Blood Borne Pathogen Trainer $ 193.00 No Change On-site Wastewater Treatment Systems Current Fees Recommended Fees Preliminary Investigation Site evaluation $ 499.00 $ 609.00 Percolation test-contractor with staff review $ 499.00 $ 870.00 Soil profile evaluation $ 499.00 $ 696.00 Standard/Conventional Systems Plan Review $ 386.00 $ 609.00 Construction Permit (includes Plan Review) $ 883.00 $ 2,009.00 Replacement Permit (includes Plan Review) $ 883.00 $ 2,009.00 Additional Plan Review $174.00/hour $ 174.00 /hour Re-Inspection/Cancellation/Rescheduling (without confirmed notice) $174.00/hour $ 174.00 /hour 1/1/15 RESOLUTION NO. 2014/381 7 Current Fees Recommended Fees Alternative Systems Plan Review $ 386.00 $ 1,044.00 Construction Permit (includes Plan Review) $ 1,260.00 $ 2,926.00 Replacement Permit (includes Plan Review) $ 1,260.00 $ 2,926.00 Additional Plan Review $ 174.00 /hour $ 174.00 /hour Re-Inspection/Cancellation/Rescheduling $ 174.00 /hour $ 174.00 /hour Annual Operation Permit $ 392.00 $ 392.00 Related Septic System Activities Building Plan Review – Building Additions/ Remodel $ 386.00 $ 609.00 Septic Tank Abandonment Permit $ 396.00 $ 609.00 Minor Repair Permit $ 285.00 $ 570.00 Septic Tank Replacement $ 386.00 $ 1,193.00 Septic System Repair/ Alteration Permit $ 285.00 $ 1,117.00 General Building Plan Review $ 386.00 $ 435.00 Liquid Waste Transport Sewage Pumper Company $ 675.00 No Change Sewage Pumper Vehicle $ 200.00 No Change Portable Toilet Pumper Vehicle $ 220.00 No Change Wells and Soil Borings Current Fees Recommended Fees Soil Boring Permit (per parcel) $ 537.00 $537.00 for one; $43.50 for each additional one up to 10 Soil Boring Permit (per parcel) $972.00 for >10 Soil Vapor Probe Permit (per parcel) $ 537.00 $537.00 for one; $43.50 for each additional one up to 10 Soil Vapor Probe Permit (per parcel) $972.00 for >10 Geothermal Heat Exchange Well Permit Hourly $1,809.00 Cathodic Protection Well Permit $ 584.00 $609.00 Dewatering Well Permit (per parcel) $ 537.00 $617.00 up to 10 wells Inclinometer Permit (per parcel) $ 537.00 $532.00 CPT Permit (per parcel) $ 537.00 $487.00 for one; $43.50 for each additional one up to 10 CPT Permit (per parcel) $922.00 for >10 Monitoring Well Permit $ 584.00 $609.00 Piezometer w/out Casing Permit (per parcel) $ 537.00 $537.00 for one; $43.50 for each additional one up to 10 1/1/15 RESOLUTION NO. 2014/381 8 Current Fees Recommended Fees Piezometer w/out Casing Permit (per parcel) $972.00 for >10 Piezometer with Casing Permit $ 584.00 $553.00 Well Destruction Permit $ 360.00 $587.00 Destruction of Well when done at the same inspection of replacement well No Fee No Change Domestic Well Construction Permit $ 584.00 $1,209.00 Well Variance $ 213.00 $321.00 Site Evaluation per Well $213.00 $522.00 Irrigation/Ag Well Construction Permit $584.00 $1,209.00 Well Flow Test $499.00 $ 696.00 Annual Permit for Driller Conducting Shallow Hole Notification Only N/A $1,392.00 Shallow Hole Notification (per parcel) $537.00 $174.00 Subdivisions – Land Uses Projects Department of Conservation and Development (DCD) report reviewed for land use permits; rezoning; developmental plans; EIR Review; Lot Line adjustments; and DCD variance requests $ 174.00/hour No Change Environmental Health review of DCD applications $ 52.00 No Change 1 Staff Report on the Determination and Apportionment of Certain Environmental Health Division Fees Contra Costa County Environmental Health Division Date: November 21, 2014 Marilyn C. Underwood, PhD, REHS, Director 2 TABLE OF CONTENTS Introduction ............................................................................................................................................ 3 General Overview ......................................................................................................................................... 3 Environmental Health Mandates and Fee Authority .................................................................................... 5 A. The Food Program............................................................................................................................ 6 i. Food Facility Operation Inspections ..................................................................................... 6 ii. Food Facility Plan Checks and Construction Inspections ...................................................... 6 iii. Cottage Food Operations ...................................................................................................... 7 B. The Recreational Health Program .................................................................................................... 7 i. Lakes and beaches ................................................................................................................ 8 ii. Public Swimming Pools/Spas ................................................................................................ 8 iv. Public Pool Plan Check and Construction Inspections .......................................................... 9 C. Housing and Institutions Program ................................................................................................... 9 i. Jails/Detention Facilities ....................................................................................................... 9 ii. Organized Camps .................................................................................................................. 9 D. Programs Related to Medical Procedures ..................................................................................... 10 i. Body Art .............................................................................................................................. 10 ii. Medical Waste .................................................................................................................... 11 E. The Land Use Program ................................................................................................................... 12 i. Land Development Project review ...................................................................................... 12 ii. Small Water Systems ........................................................................................................... 12 iii. Well Construction/Abandonment ....................................................................................... 14 iv. Liquid Waste ....................................................................................................................... 15 F. The Solid Waste Program ............................................................................................................... 15 Methodology Used to Develop EH Fees ..................................................................................................... 16 A. Field Inspector Time Analysis ......................................................................................................... 16 i. Beaches ............................................................................................................................... 18 ii. Plan Review ......................................................................................................................... 18 iii. Land Use .............................................................................................................................. 19 B. Necessity of Services and Reasonableness of Associated Costs .................................................... 20 C. Fee Apportionment ........................................................................................................................ 21 Conclusion .......................................................................................................................................... 21 Attachments A - D 3 INTRODUCTION This document addresses proposed fees to fund the Environmental Health Division (“Environmental Health” or “EH”) of the Contra Costa County Health Services Department in 2015. The first part of this document is an overview of laws that authorize Environmental Health to conduct specified activities and collect fees to fund those activities. The second part discusses the data and methodology used to set the fees. In February 2014, the Board of Supervisors approved Resolution No. 2013/26, adjusting fees that fund the majority of EH programs. Staff is now proposing to adjust fees for plan reviews for and inspections of construction work associated with food facilities and public swimming pools and the regulation of on- site wastewater systems, septage haulers, wells and beaches. This report provides factual and legal support for fee adjustments proposed in Resolution No. 2014/381. GENERAL OVERVIEW Environmental Health comprises a wide variety of programs designed to protect and promote the health of the people of Contra Costa County by regulating food, drinking water, sewage disposal, solid waste handling and other matters. Legal authority to operate these programs is derived from the Health and Safety Code, Government Code, Public Resources Code, Water Code and California Code of Regulations and the police power under the California Constitution. Section 101030 of the Health and Safety Code requires the county health officer to enforce and observe, in the unincorporated territory of his county, all of the following: (a) Orders and ordinances of the board of supervisors, pertaining to the public health and sanitary matters. (b) Orders, including quarantine and other regulations, prescribed by the State Department of Health Services. (c) Statutes relating to public health. Authority for the county health officer to provide health services within incorporated areas is found in Section 101375 of the Health and Safety Code, which provides that when the governing body of a city in the county consents by resolution or ordinance, the county health officer shall enforce and observe in the city all of the following: (a) Orders and quarantine regulations prescribed by the State Department of Health Services and other regulations issued under the provisions of the Health and Safety Code. (b) Statutes relating to the public health. Eighteen cities and towns in Contra Costa County have affirmed by resolution to have the county health officer perform these services. Additionally, state regulations require local health departments to offer certain basic services in order to qualify for specified state funding, including the following environmental health and sanitation services and programs: Food. Housing and institutions. 4 Radiological health in local jurisdictions contracting with the State Department of Health Services to enforce the Radiation Control Law pursuant to Sections 25600-25654 and Sections 25800-25876 of the Health and Safety Code. Milk and dairy products in local jurisdictions maintaining an approved milk inspection service pursuant to Section 32503 of the Food and Agriculture Code. Water oriented recreation. Safety. Vector control. Waste management. Water supply. Air sanitation. Additional environmentally related services and programs as required by the County Board of Supervisors, City Council, or Health District Board. And may include land development and use.1 Environmental Health carries out some but not all of these services and programs. There are no commercial dairies in the county; thus, there is no milk and dairy program here. As allowed by state law, all 19 cities have opted to oversee the housing code in their jurisdictions. In the unincorporated area, most housing oversight is carried out by the Department of Conservation and Development (DCD). A separate vector control district was established by the County to carry out vector control. Air quality is regulated by the Bay Area Air Quality Management District. In Contra Costa County, the state retains responsibility for radiation programs. In addition to carrying out health officer duties, Environmental Health is the state-certified Local Enforcement Agency (LEA)2 and in that capacity provides oversight of solid waste activities. LEA functions are part of the EH Solid Waste Program. Staff assigned to the Solid Waste Program also perform duties concerning waste tires, stormwater, and body art. The waste tire program is state- funded, and the stormwater program is funded via a memorandum of understanding with the Contra Costa County Public Works Department. The LEA solid waste activities are funded by tipping fees applied to solid waste that is generated. Environmental Health also provides medical waste disposal oversight. Other Environmental Health functions include the regulation of facilities that provide tattoos, piercings, brandings, or other permanent cosmetics, and cottage food operations. The Health and Safety Code provides the following general fee authority: 1 Cal. Code Regs., tit. 17, §§ 1275 & 1276., subd. (e). 2 Correspondence from Myron H. “Skip” Amerine, REHS, Permitting, California Integrated Waste Management Board to Charles Nicholson, Contra Costa County. Dated July 27, 1992. Subject: Issuance of Certification(s) to and Approval of the Designation for the Contra Costa County Health Services Department, Division of Environmental Health as the Local Enforcement Agency for the Jurisdiction of Contra Costa County. 5 Whenever the governing body of any city or county determines that the expenses of the local health officer or other officers or employees in the enforcement of any statute, order, quarantine, or regulation prescribed by a state officer or department relating to public health, requires or authorizes its health officer or other officers or employees to perform specified acts that are not met by fees prescribed by the state, the governing body may adopt an ordinance or resolution prescribing fees to pay the reasonable expenses of the health officer or other officers or employees incurred in the enforcement, and may authorize a direct assessment against the real property in cases where the real property is owned by the operator of a business and the property is the subject of the enforcement. The schedule of fees prescribed by ordinance or resolution shall be applicable in the area in which the local health officer or other officers or employees enforce any statute, order, quarantine, or regulation prescribed by a state officer or department relating to public health.3 The Board of Supervisors has made the determination set forth in the above statute. This means that when the health officer is required or authorized to enforce state requirements, and fees set by statute are not sufficient to fund those efforts, the Board of Supervisors is authorized to prescribe fees to cover the reasonable costs incurred in doing so. Contra Costa County Ordinance Code section 413-3.204 provides that fees prescribed in the Ordinance Code “will help pay the health officer’s reasonable expenses incurred in such enforcement.” ENVIRONMENTAL HEALTH MANDATES AND FEE AUTHORITY A prerequisite to the imposition of fees under Health and Safety Code section 101325, cited above, is either a state mandate or state authorization for Environmental Health to perform the services and provide the programs that are to be funded by fees. Fees that are not imposed under that statute must be authorized by either a different statute or by a County ordinance. This section of the report describes the activities conducted by Environmental Health, the statutory mandates or authorizations pertaining to that work, and the authority to impose and collect fees to pay for that work. EH staff carries out the following activities: Review construction plans and other documents. Conduct inspections of permitted activities and construction. Pursue corrective and enforcement action when out of compliance activities are observed or confirmed. Develop departmental policies and guidelines and update existing policy memorandums as necessary. Analyze proposed legislation and regulations as part of coordinated local jurisdiction effort. Investigate all complaints, identify appropriate action or refer to appropriate agency, and follow up with complainant describing steps taken. Respond to inquiries from clients, Board of Supervisors and their staff, other agencies and stakeholders in a timely manner, usually within one day. 3 Health & Saf. Code, § 101325. 6 Conduct outreach and education activities to decrease the need for enforcement and promote environmental health responsibilities. Prepare for and respond to emergency incidents and provide for public and environmental protection and public safety. Other activities are unique to particular programs. Below is a description of those activities. A. THE FOOD PROGRAM The Food Program consists of four elements: 1. Food facility operation inspections 2. Food facility plan checks and construction inspections 3. Water vending machines, retail water facilities, and water haulers 4. Cottage food operations No fee adjustments are proposed in the first, third and fourth program elements for 2015. New fees are proposed for food facility plan checks and inspections. i. FOOD FACILITY OPERATION INSPECTION S Food facilities in Contra Costa County are required to obtain an operating permit from Environmental Health. 4 Food facilities include food establishments, vending machine businesses, taverns, cocktail lounges, bars, snack bars, commissaries, cart commissaries, food catering, special events food booths, school cafeterias, itinerant food facilities, retail food markets, roadside food stands, food salvagers, retail food vehicles, mobile food preparation units, bakeries, incidental retail food markets, and certified farmers' markets.5 Environmental Health issued operating permits to more than 4,400 food facilities in 2014. In addition to routine inspections of food facilities, Environmental Health has authority to impound food, equipment, or utensils that are found to be, or suspected of being, unsanitary or in such disrepair that food, equipment, or utensils may become contaminated or adulterated, and inspect, impound, or inspect and impound any utensil that is suspected of releasing lead or cadmium in violation of Section 108860.6 ii. FOOD FACILITY PLAN CHECK S AND CONSTRUCTION INSPECTIONS Food facilities that are built or remodeled may not be placed in operation without first receiving a permit to operate, which is issued by Environmental Health upon the satisfactory completion of construction.7 State law establishes construction standards and plan submittal and review requirements applicable to food facilities. The law requires the local health agency to review the plans for new and 4 Health & Saf. Code, § 114381. 5 CCC Ord. Code, § 413-3.604. 6 Health & Saf. Code, § 114393. 7 Health & Saf. Code, § 114380. 7 remodeled food facilities within 20 working days after receipt.8 The goal in Environmental Health is to complete food facility plan reviews and either approve or reject plans within 15 working days. Staff assigned to this element also evaluates cooking equipment as to the need for and type of mechanical ventilation to be provided9 and the acceptability of new types of food equipment to be used for use in restricted food service facilities.10 iii. COTTAGE FOOD OPERATIONS Cottage food operations are enterprises that involve the preparation or packaging of specified foods in private residences and have gross annual sales that do not exceed statutory maximums. A Class A cottage food operation may engage only in direct sales to consumers, while Class B operations may engage in either direct sales to consumers or indirect sales through third party retailers.11 All cottage food facilities must comply with requirements pertaining to sanitation and food labeling and workers must receive regular food processing training.12 A Class A cottage food operation must be registered with the local enforcement agency, but is not subject to initial or routine inspections.13 Inspections may be made only if a consumer complaint has been made.14 If an inspection is made and a Class A cottage food operation is found to be in violation, the local enforcement agency has authority to seek recovery from the operation of an amount that does not exceed the agency’s reasonable inspection costs.15 Environmental Health is the local enforcement agency as to cottage food operations in its jurisdiction. A Class B cottage food operation must obtain a permit from the local enforcement agency and is subject to a yearly inspection.16 B. THE RECREATIONAL HEALTH PROGRAM The Recreational Health Program consists of three elements: 1. Lakes and beaches 2. Public swimming pools/spas 3. Public swimming pool plan check and construction inspections Fee adjustments are proposed in the first and third elements. 8 Health & Saf. Code, § 114380, subd. (e). 9 Health & Saf. Code, § 114149.1, subd. (c). 10 Health & Saf. Code, § 114130, subd. (c). 11 Health & Saf. Code, § 113758. 12 Health & Saf. Code, § 114365.2. 13 Health & Saf. Code, § 114365, subds. (a)(1)(A), (a)(1)(C)(i). 14 Health & Saf. Code, § 114365, subds. (a)(1)(C)(ii)). 15 Health & Saf. Code, § 114365, subd. (a)(1)(C)(iv). 16 Health & Saf. Code, § 114365, subd. (a)(2)(B)(i)-(ii). 8 i. LAKES AND BEACHES The purpose of this program element is to enforce sanitation standards at public beaches as defined in Health and Safety Code section 115875, subdivision (a). The health officer is charged with testing the waters adjacent to, and coordinating the testing of, all public beaches within his or her jurisdiction.17 This can be done by utilizing test results from other parties conducting microbiological contamination testing of these waters.18 EH staff, which have been delegated the health officer’s duties regarding public beaches, fulfills this duty by reviewing bacteriological sampling results. The health officer is also required to, at a minimum, post a beach with warning signs to inform the public when the beach fails to meet the bacteriological standards.19 Other duties include inspecting the beaches for compliance with state sanitation standards pertaining to certain bacteria and other microbiological indicators, investigating complaints of violations of those standards, informing the agency responsible for the operation and maintenance of the beach whenever a beach is posted, closed or otherwise restricted, establishing a telephone hotline to inform the public of beaches currently closed, posted or otherwise restricted, reporting violations to the district attorney or city attorney, as applicable, testing waters adjacent to the beach in the event of a known untreated sewage release, and closing recreational waters adjacent to a beach in the event of an untreated sewage release that reaches those waters.20 EH staff also reviews plans and specifications for the construction, reconstruction or alteration of public beach sanitation facilities.21 ii. PUBLIC SWIMMING P OOLS/SPAS Persons operating or maintaining a public swimming pool22 must do so in a sanitary, healthful and safe manner.23 The health officer is authorized to inspect the sanitary condition of public swimming pools24 and a condition at a public swimming pool that constitutes a nuisance may be abated or enjoined.25 An environmental health permit is required to operate public swimming pools, including spas. 26 Environmental Health issues approximately 2,200 annual permits to operate public swimming pools in Contra Costa County. The Ordinance Code requires payment of a fee for an annual operating permit.27 17 Health & Saf. Code, § 115880, subd. (e). 18 Health & Saf. Code, § 115880, subd. (f). 19 Health & Saf. Code, § 115915, subd. (a). 20 Health & Saf. Code, § 115885, subd. (a)(1)-(7). 21 Cal. Code Regs., tit. 17, § 7980. 22 Public swimming pools include any public swimming pools, bathhouse, public swimming and bathing place and all related appurtenances. (Health & Saf. Code, § 116025.) 23 Health & Saf. Code, § 116040. 24 Health & Saf. Code, § 116055. 25 Health & Saf. Code, § 116063. 26 CCC Ord. Code, § 413-3.604. 27 CCC Ord. Code, § 413-3.802. 9 iv. PUBLIC POOL PLAN CHECK AND CONSTRUCTION INSPECTIONS New public pools may not be placed in operation without first receiving a permit to operate. Operating permits for new, reconstructed or altered pools are issued by Environmental Health upon the satisfactory completion of construction. The health officer is authorized to enforce building standards applicable to public swimming pools.28 The purpose of this element is to enforce state laws and regulations pertaining to the design, construction and inspection of new pools. Title 24 of the California Code of Regulations establishes the standards for design and construction of pool facilities. The regulations require construction, reconstruction or alteration of swimming polls in compliance with plans approved by the “enforcing agent,”29 which is either the health officer of environmental health director or their designated representatives.30 The regulations authorize inspections to be scheduled and conducted by the enforcing agent at three phases of construction.31 A pool may not be opened to public without written approval by the enforcing agent.32 C. HOUSING AND INSTITUTIONS PROGRAM The Housing and Institutions Program currently consists of two elements: 1. Jails/detention facilities 2. Organized camps No fee adjustments are proposed in these elements. i. JAILS/DETENTION FACILITIE S The county health officer is required to inspect health and sanitary conditions in every county jail and every other publicly-operated detention facility in the county at least annually.33 Deficiencies are reported to the responsible city/county officials and to the State Board of Corrections. Under this statute, EH staff inspects 10 city detention facilities, four Superior Court temporary holding facilities, three adult detention facilities, and two juvenile detention facilities. ii. O RGANIZED CAMPS The local health officer is required to enforce building standards relating to organized camps.34 An organized camp is “a site with program and facilities established for the primary purpose of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives, for five 28 Health & Saf. Code, § 116053. 29 Cal. Code Regs., tit. 24, §§ 3103B.1, 3104B. 30 Cal. Code Regs., tit. 22, 65501, subd. (d). 31 Cal. Code Regs., tit. 24, § 3105B. 32 Cal. Code Regs., tit. 22, § 65511; Cal. Code Regs., tit. 24, § 3105B. 33 Health & Saf. Code, § 101045. 34 Health & Saf. Code, § 18897.4. 10 days or more during one or more seasons for the year.“35 State regulations require organized camps to be free or protected from of hazards such as large numbers of inspects and venomous snakes and uncontrolled poison oak.36 Organized camps must have an adequate and dependable supply of potable water, handwashing facilities adjacent to flush toilets, showers when campers are present three or more consecutive days and nights, and toilets.37 Housing must be kept in good repair and maintained in a safe and sanitary condition.38 Food facilities must comply with the California Retail Food Code39.and swimming facilities must be designed and constructed in accordance with specified requirements.40 There are two organized camps in Contra Costa County. Environmental Health is now in the process of developing this program element. As part of this element, EH plans to require a camp to submit an annual written notice of intent to operate, and a written verification of American Camp Association accreditation or written description of operating procedures for organized and supervised activities of the camp (including an emergency plan). No inspection requirement is stated in the laws or regulations, but the need to inspect is clearly implied. EH is proposing to inspect each organized camp twice a year for year-round and once a year for seasonal operations. D. PROGRAMS RELATED TO MEDICAL PROCEDURES Programs related to medical procedures consist of two elements: 1. Body art 2. Medical waste No fee adjustments are proposed in these elements. i. BODY ART State law prohibits a body art facility from conducting business without a valid health permit issued by the local enforcement agency41 and requires body art practitioners persons who perform body art to register with the local enforcement agency and, if they practice at temporary body art events, obtain all necessary permits to conduct business, including a valid permit from the local enforcement agency.42 The sponsors of temporary body art events must also obtain permits from the local enforcement 35 Health & Saf. Code, § 18897, subd. (a). 36 Cal. Code Regs., tit. 17, § 30702. 37 Cal. Code Regs., tit. 17, §§ 30712, 30713, 30714. 38 Cal. Code Regs., tit. 17, § 30722, subd. (a). 39 Cal. Code Regs., tit. 17, § 30730. 40 Cal Code Regs., tit. 17, § 30740. 41 Health & Saf. Code, § 119312. 42 Health & Saf. Code, § 119306, 119317, subd. (h). 11 agency.43 The Health Officer /their designee the Environmental Health Director is the local enforcement officer.44 Under state laws, the local enforcement agency may conduct inspections, impound unsafe instruments, review a facility’s infection prevention and control plan to evaluated whether it meets state law and is being followed, issue citations, and secure samples, photographs, or other evidence from a body art facility, or any facility suspected of being a body art facility.45 A local enforcement agency may establish reasonable regulatory fees for registering body art practitioners46 and issuing permits47in an amount that does not exceed, but is sufficient to cover, the costs of administration of the program ii. MEDICAL WASTE Local agencies may implement a medical waste management program by the adoption of an ordinance or resolution. In 1991, the Board of Supervisors adopted Resolution No. 91/27, implementing a medical waste management program. Environmental Health has been assigned to carry out this program as the local enforcement agency. The purpose of this program is to protect the health of the public, health care facility personnel, and landfill personnel from exposure to medical wastes containing potentially communicable pathogenic organisms. Medical waste generators are categorized based on the amount of medical waste they generate per month and whether they treat the waste on site or not. Large quantity generators, which generate 200 or more pounds of medical waste in any 12-month period, and small quantity generators, which generate less than 200 pounds of medical waste per month and treat their waste onsite by specified technologist, must register with the enforcement agency 48 and file a medical waste management plan.49 EH staff processes and reviews medical waste management plans.50 EH staff inspects approximately 50 large quantity generators every year51 and biennially inspects approximately 12 small quantity generators that treat medical waste onsite.52 EH also conducts triennial inspections of approximately 1,350 registered, small quantity generators that do not treat onsite.53 43 Health & Saf. Code, § 119308, subd. (a). 44 Health & Saf. Code, § 119300. 45 Health & Saf. Code, § 119319. 46 Health & Saf. Code, § 119306, subd. (b)(7). 47 Health & Saf. Code, § 119312, subd. (b)(2), 119317.5, 119318, subd. (a). 48 Health & Saf. Code, § 117680, 117760, 117890, 117895, 117955. 49 Health & Saf. Code, § 117935, 117960. 50 Health & Saf. Code, § 117820. 51 Health & Saf. Code, § 117965. 52 Health & Saf. Code, § 117938, subd. (a). 53 Health & Saf. Code, § 118335 12 The local enforcement agency may prescribe, by resolution or ordinance, the registration and permit fees necessary to pay its reasonable expenses to administer this program.54 Per County ordinance, an annual environmental health operating permit is required for medical waste generators.55 E. THE LAND USE PROGRAM The Land Use Program Consists of four elements: 1. Land development project review 2. Small water systems 3. Well construction/abandonment 4. Liquid waste Adjusted fees are proposed in the third and fourth program elements. i. LAND DEVELOPMENT P ROJECT REVIEW The purpose of this element is to protect against health hazards and environmental degradation that might result from land development projects. Counties are required to deny approval of subdivisions if their design is likely to cause serious public health problems or substantial environmental damage.56 The great majority of public health and environmental problems associated with land use projects can be prevented if they are identified, evaluated and mitigated in the planning stage. Therefore, it is essential that there be environmental health participation and input during the processing of such projects by the County and cities. EH reviews documents submitted by DCD, city planning departments and other agencies for proposed site plans, subdivision proposals, zone changes, use permits, general plan amendments, environmental impact reports, and sewage disposal system and water system designs, to name a few.57 If, in the initial review, EH identifies that the project may have public health implications which require EH oversight, a more thorough review is completed and comments are submitted to the requesting agency. In particular, the proposed land development will be reviewed for compliance with laws, regulations, and ordinance requirements regarding domestic water supply and sewage disposal. ii. SMALL W ATER SYSTEM S The goal of this element is to protect public health and prevent disease by assuring that domestic water served by water systems that serve more than two parcels and less than 200 parcels is safe, potable and available in adequate quantity and protected against contaminating backflow. Among other duties, staff assigned to this element reviews the required bacteriological and chemical water test results for state small water systems.58 54 Health & Saf. Code, § 117825. 55 CCC Ord. Code, § 413-3.604. 56 Gov. Code, § 66474, subds. (e) & (f). 57 CCC Ord. Code, 420-6.511. 58 Cal. Code Regs., tit. 22, §§ 64212-66213. 13 The state has delegated responsibility to the county health officer under Health and Safety Code section 116330 to administer and enforce state laws pertaining to public water systems that serve fewer than 200 connections. This is referred to as a “local primacy” delegation. Environmental Health, which has been assigned to perform these duties, is known as a local primacy agency (LPA). As an LPA, Environmental Health regulates the following three types of public water systems: Community water systems: Serve at least 15 service connections used by yearlong residents or regularly serve at least 25 yearlong residents of the areas served by the system.59 Examples might be systems serving a mobile home park or residential subdivision. In 2014, EH permitted 37 community water systems. Nontransient noncommunity water systems: Regularly serve 25 or more of the same persons over six months per year and is not a community water system.60 Examples might be systems that serve a school or business. In 2014, EH permitted 10 non-transient non- community systems. Transient noncommunity water systems: Noncommunity water systems that do not regularly serve 25 or more of the same persons over six months per year.61 Examples might be systems that serve a restaurant, campground or church. In 2014, EH permitted 48 transient noncommunity water systems, six of which used surface water as the source. Public water systems serving fewer than 1,000 connections must also pay an annual drinking water operating fee to either the state or the local primacy agency, as applicable, to cover costs incurred mandated activities relating to inspections, monitoring, surveillance and water quality evaluation as well as costs incurred pertaining to orders and citations, public notifications and hearings.62 Fees may not exceed the actual costs to the LPA related to the public water system assessed the fees.63 A public water system that requests an exemption, variance, or waiver is also required to reimburse the local primacy agency for any costs incurred processing the request.64 In addition to performing the duties of a local primacy agency, Environmental Health regulates two other types of water systems, as follows: State small water systems: These systems provide piped drinking water to the public and serve at least five but not more than 14 service connections and do not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.65 Examples might be a system that serves a subdivision of eight homes. The local health officer 59 Health & Saf. Code, § 116275, subd. (i). 60 Health & Saf. Code, § 116275, subd. (k). A noncommunity water system is a public water system that is not a community water system. (Health & Saf. Code, § 116275, subd. (j).) 61 Health & Saf. Code, § 116275, subd. (o). 62 Health & Saf. Code, §§ 116565, subds. (b) & (e), 116595. 63 Health & Saf. Code, § 116590, subd. (e). 64 Health & Saf. Code, § 116595, subd. (c). 65 Health & Saf. Code, § 116275, subd. (n). 14 enforces the minimum requirements pertaining to state small water systems.66 The reasonable costs of the local health officer in enforcing these requirements may be recovered through the imposition of fees on state small water systems in accordance with Health and Safety Code section 101325.67 Local small water systems: “Local small water system” is the informal name given to the remainder of the water systems regulated by Environmental Health – namely, small water systems68 that have two to four service connections. An example is a system that serves two residences on separate parcels. The County Ordinance Code requires persons proposing to install, construct or operate a small water system to apply to the health officer for approval of the water source and utility system and pay appropriate fees.69 The health officer may then conduct the necessary investigation and/or site evaluation of the proposed or existing system.70 Upon approval of the completed installation of the water system, the health officer issues a water supply permit and a public health license to operate the system.71 Annual operating permits are required for all small water systems.72 Fees for the application, issuance, and renewal of environmental health permits are set by the Board by resolution.73 iii. WELL CONSTRUCTION /ABANDONMENT The well construction/abandonment element employs a preventive approach to protect against chemical and bacterial contamination of groundwater and protect people from safety hazards associated with improperly constructed or abandoned wells. The County Ordinance Code requires every person proposing to dig, drill, bore or drive any water well, or rebore, deepen, cut new perforations in, or seal the aquifers of any existing well, to apply for and obtain a permit to do the work.74 The Ordinance Code also requires abandoned wells to be destroyed in accordance with state standards.75 66 Health & Saf. Code, § 116340. 67 Health & Saf. Code, § 116340, subd. (c). 68 CCC Ord. Code, § 414-4.221. 69 CCC Ord. Code, § 414-4.401, subd. (a). 70 CCC Ord. Code, § 414-4.403. 71 CCC Ord. Code, § 414-4.401, subd. (c). 72 CCC Ord. Code, § 413-3.604. 73 CCC. Ord. Code, § 413-3.1212. 74 CCC Ord. Code, § 414-4.801, subd. (a). 75 CCC Ord. Code, § 414-4.809. 15 When first installed, a domestic water well must also demonstrate water quality and water quantity adequacy.76 Fees are due at time of filing for or requesting an investigation, test, inspection, or permit.77 iv. LIQUID WASTE The purpose of this element is to protect the health of the public and environment from the improper disposal of sewage from on-site wastewater treatment systems and greywater systems. Under California law, this is accomplished through the evaluation and permitting of onsite wastewater treatment systems,78 greywater systems79 and septage haulers.80 This element is linked to the well construction/abandonment element. Improper disposal of wastewater can result in significant groundwater and health problems, including vectors, odors and exposure to pathogens. The following are activities specific to the Liquid Waste element: Maintain records of septage haulers and chemical toilet service companies. Evaluate and permit greywater disposal systems. Work with the Regional Water Quality Control Board to keep the local onsite sewage program in compliance with the Basin Plan. Evaluate new methods of onsite wastewater treatment systems. Evaluate and permit onsite wastewater treatment systems. A permit is required to repair, relocate, install or construct an onsite wastewater treatment system81 and fees are due at time of filing for or requesting an investigation, test, inspection, or permit.82 An annual environmental health permit is required for septic tank-chemical toilet cleaners.83 F. THE SOLID W ASTE PROGRAM State law authorizes local agencies to enforce requirements pertaining to solid waste facilities and solid waste handling and disposal if they are designated by the governing body and certified by the state as a local enforcement agency (LEA).84 In 1992, the Board of Supervisors designated the Health Services Department as the LEA, and Environmental Health was then certified by the state as the LEA in Contra Costa County. Environmental Health also acts as the LEA in 18 cities. 76 CCC Ord. Code, § 414-4.601. 77 CCC Ord. Code, § 414-4.1201. 78 CCC Ord. Code, § 420-6.501. 79 CCC Ord. Code, § 78-2.002, subd. (b); Cal. Code Regs., tit. 24, § 203, 1601.3. 80 Health & Saf. Code, § 117405. 81 CCC Ord. Code, § 420-6.501. 82 CCC Ord. Code, § 420-6.701. 83 CCC Ord. Code, § 413-3.604. 84 Pub. Resources Code, § 43200 et seq. 16 Currently, LEA staff oversees seven full permit facilities, one registration facility, and eight notification sites. The full permit and registration sites must be inspected monthly, while notification sites are inspected as needed. The LEA may prescribe, revise, and collect fees or other charges from each operator of a solid waste facility or from any person who conducts solid waste handling if the local governing body having ratesetting authority has approved rate adjustments to compensate the solid waste hauler or solid waste facility operator for the amount of the fee or charges imposed pursuant to this section.85 Currently, a solid waste fee is collected based on tonnage.86 The fee may also be based on the volume or type of solid waste or on any other appropriate basis. No change in this fee is proposed at this time. METHODOLOGY USED TO DEVELOP EH FEES Environmental Health fees, which cover costs associated with issuing permits, conducting inspections and administrative enforcement activities, are regulatory fees.87 As regulatory fees, they may be imposed by the Board of Supervisors. Regulatory fees are fees charged in connection with regulatory activities that “do not exceed the reasonable cost of providing services necessary to the activity for which the fee is charged and which are not levied for unrelated revenue purposes.”88 A local agency imposing a regulatory fee, or any other type of levy, charge or exaction, must establish that it is not a tax, that the amount is no more than necessary to cover the reasonable costs of the government activity and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity.89 A. FIELD INSPECTOR TIME ANALYSIS At the base of salary expense is the time spent by field staff conducting those activities in each program area. EH field staff account for their time using commercially available software developed for managing administrative, financial, and technical information of environmental health programs. For each day of paid time, the field inspector enters data to account for the type of work (termed service code (SC)) conducted for each facility/permit or for a general category not tied to a facility/permit. Data entered by the inspector are tied to a program element (PE) and a service code (SC), and a facility/permit. Fees are primarily set at the PE level. EH work is broken down into PEs based on the type of unit of work or facility type. EH work can be broadly described as falling into two types: unit work for which there is a beginning and an end and work that is conducted annually, usually year after year. All plan review work and most land use work is described as unit work for which there is a beginning and an end. Most food facility, pool, body art, medical waste, permit work is conducted in yearly increments. PEs are further broken down in certain program areas based on the type of facility. For instance, inspection and plan check for retail food facilities have a program element for many different types of fixed food facilities, 85 Pub. Resources Code, § 43213. 86 Resolution No. 88/783. 87 Cal. Const., art. XIIIC, § 1, subd. (e)(3). 88 Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 876. 89 Cal. Const., art. XIIIC, § 1, subd. (e). 17 e.g, small restaurant, large grocery store, bakery. Similarly, land use has different PEs based on the type of work being proposed, e.g., drilling of soil boring, well destruction, soil profile evaluation for a proposed on-site wastewater treatment system (OWTS). There are PEs for staff time used in general program development, training, division and team meetings, and time off for each program area. Within each PE, the field staff further assigns their time using service codes (SCs). For instance, for the annual permitting programs, when conducting a routine inspection of a food facility, pool or beach, body art, medical waste generator, solid waste facility, the SC “002” is used and the time is linked to a particular facility/permit. For the unit work done in plan review and land use entails, the following typical activities: review of the application and proposed work, comments to applicant if changes or additional information is needed, inspection at proscribed times in the project, and final approval, and each the time for each activity has its own SC that the staff assign their time. Some of the SCs are used when an inspector is not working on a particular project unit or facility. Inspectors attribute time to certain division-wide activities such as emergency operations, training- public, official meeting, training-inservice, and staff meeting. In addition, each work day, the inspector’s are expected to spend the first two hours of the day (typically, 7AM to 9AM) in the office to be available for office visits, returning phone calls, and to conduct paperwork including recording the previous day’s activities in the software system. This activity is captured as office activity. Field staff time attributed to a program area general PE (e.g., General Land Use, Well General) is distributed amongst the PEs within that EH program area based on the total time that particular PE requires compared to the other PE s for that EH team. Field staff time attributed to General Environmental Health is distributed across all program area groupings based on size of that program grouping compared to all programs. The data used to develop the fee for a particular PE is based on the time recorded for certain SCs that are linked to a particular facility or project unit. In the subsequent sections, we will describe how the SCs are grouped by a particular program area and provide the base time for each PE in each program area relevant to those programs for which fees are being adjusted with this resolution. Under current County ordinance, exemptions from paying environmental health permit fees exist for someone who is legally blind90 or is a veteran that was honorably discharged91or to a religious or charitable organization.92 A more narrow exemption for honorably discharged veterans is described in state law for those individuals desiring to peddle, sell, and vend.93 There have been no exemptions filed by anyone who is blind. In the past, EH gave exemptions to schools and other government entities though not exempted in the ordinance. We discontinued this practice with the fee adjustments approved in February. We have included revenues from the fees charged to annual permits of public beaches. The following sections describe the time analysis approach for the development of fees for the annual public beach permit, plan review of new or remodeled food facilities and public pools, and Land Use programs. 90 CCC Ord. Code, § 413-3.1002 91 CCC Ord. Code, § 413-3.1006 92 CCC Ord. Code, § 413-3.1004 93 Business and Professions Code, § 16102. 18 i. BEACHES EH enforces state law that requires inspection of “public beaches”. Contra Costa County has two such beaches, both operated by East Bay Regional Parks. EH’s goal is to inspect each public beach twice a year. The time to conduct two routine inspections and the report writing associated with that inspection is the base of the permit fee. Facility-specific non- inspection time and program administration and development (General Recreational Health and some under General Environmental Health) is time weighted distributed across all recreational health facilities, including the beach program. ii. PLAN REVIEW The inspectors that conduct plan review, do so for both food facility and public pool construction and remodeling. The fee for each activity is based on the time needed to complete the project. EH enforces state law that requires plan review approval for new construction and remodeling of a food facility, and inspection and approval that food facility is built to those approved plans. The time needed to develop the plan review fee is based on a review of food facility plan review activities for an eleven year period from July 1, 2002 to June 30, 2013. The fee is based on the time needed to conduct the following steps initial plan review, write plan review denial letter, plan check follow-up, write plan approved letter, conduct pre-final and final inspections, and grant permit to operate. EH enforces state law that requires plan review approval for new construction and remodeling of a public pool (including spa and other water play structures), and inspection and approval that the public pool is built to those approved plans. The time needed to develop the fee is based on a review of public pool plan review activities for an eleven year period from July 1, 2002 to June 30, 2013. The fee is based on the time needed to conduct the following steps initial plan review, write plan review denial letter, plan check follow-up (SC 024), write plan approved letter (SC 027), conduct a pre-gunite inspection (SC 250), conduct a pre-plaster inspection (SC 252), conduct final inspection and grant permit to operate (SC 028). Changes of equipment related to food preparation (ovens, refrigerators and freezers, deep fat fryers, etc) do not need to be submitted for review if it is like for like. However, if the equipment change is not like for like or for a change of one finish material, then an application for plan review needs to be submitted, reviewed, and approved. An inspection is not typically warranted, and thus the fee is based on just the review time in the office. Similarly, fees for a second and third piece of equipment change- out and/or finish material that all occur at the same time are based on office review and approval of the changes only. If an on-site inspection is needed, that is charged at the hourly rate. For changes to four or more pieces of equipment or a remodel that is not as extensive as a major remodel, ie a minor remodel, the fee is based on plan review and inspection time. A minor remodel consists of work that requires permanent plumbing, drainage, or direct electrical connections, or installation in, or the modification of, existing structure to accommodate the new equipment, or the extensive replacement of finishes such as wall, floor or ceiling materials or lighting fixtures. Anything more extensive than a minor remodel of a food facility is considered a major remodel which takes the same amount of time for review and inspection time as does a new construction. Fees for changes to public pools such as re-plastering including the replacement of tile and coping, handrail, ladder, and step replacements and replacement of the fence or deck are based on plan review and a final inspection. 19 iii. LAND U SE The inspectors that work in the Land Use team conduct both on-site wastewater treatment system and well program work. Most of the work conducted by the Land Use team is project unit based work. The exception to this is the annual permitting of alternative treatment on-site wastewater systems and wastewater haulers. The time needed to develop the fee is based on a review of Land Use activities for a one year period from July 1, 2011 to June 30, 2012. The activity time spent on each of these programs (on-site wastewater treatment system, well, and wastewater hauler) that serves as the base of the fees for each of these programs differs slightly and are explained separately in the following sections. There is also time associated with facility-specific and general program development activities that differ within each of these programs, and is thus distributed within a specific program and not distributed across all the programs. General Land Use and General Environmental Health Time are distributed using a time weighted approach across the programs. O N -S ITE W ASTEWATER T REATMENT S YSTEM EH oversees the construction and repair of individual on-site wastewater treatment systems per state law and County Ordinance Code to ensure proper disposal of wastewater so not to negatively ?affect public health. New construction of an on-site wastewater system involves several steps, each of which an applicant applies to EH individually: site evaluation, soil profile, percolation test, plan review, and the construction application permit. This step-wise approach was set-up this way because an applicant may not complete the project perhaps because it is not a suitable project, and thus the applicant would only incur costs for those completed activities. Or the applicant may need a longer period of time to complete the process of design and then construction, and thus the fees are timely based on the activity pattern. Plan review and a variance request fees are based on office review time. Development of fees for site evaluation, soil profile, and percolation test are based primarily on the time it takes in the field for tho se activities. The construction or replacement permit fee for a conventional system is based on several field inspections, generally at the following points: a stakeout of the system to ensure proper set -backs, open trench with gravel in a pile, and final. Plan review and a variance request fees are based on office review time. Alternative systems take more time because of the complexity of the systems in both plan review and additional construction inspections. Septic tank abandonment, replacement, and minor repair fees are based on the time it has taken to conduct the permit review in the office and one field inspection. The basis of the annual operating permit for an alternative on-site wastewater treatment system is office review of the submitted reports and one field inspection. The fee for the annual operation permit for an alternative system is based on the time it takes to review the report and one field inspection. W ELLS Under state law and County Ordinance Code, EH protects groundwater by overseeing all drilling into the subsurface. Shallower drilling may not encounter groundwater; however that cannot always be predicted as groundwater levels vary over time and the true depth of a drilling operation does not always follow the submitted plan. When drilling into or through groundwater, EH oversees the construction of the well and will destructions to ensure each water zone is appropriately sealed off from other water bearing zones and surface contamination. When a hole is drilled and it does not encounter water, it is important it is destroyed correctly, so as not to provide a preferential pathway of surface contamination to the subsurface. 20 The development of fees for wells using casing including monitoring, cathodic protection, dewatering, inclinometer, and piezometers with casing wells are based on the time it takes to review the permit application, observe the construction in the field and finalizing the permit when the well driller report is received. Geothermal heat exchange, domestic supply, and agricultural/irrigation wells are special types of wells with casing, the construction of which takes more time to review and there are more field inspections needed, so the fee is based on a greater amount of inspector time. The development of fees for wells/holes that do not include the use of casing including soil borings, soil vapor probes, CPT probes, and piezometers without casing are based on the time it takes to review the permit application (SC 363), observe the destruction in the field, and finalizing the permit when the well driller report is received. The variance request fee is based on office review time. Development of the fees for well flow test is based on the time it takes in the field for those activities. The development of the fee for the annual drilling permit is 8 hours of inspector time (3, 2 hour visits and two hours of office time). The basis of the fee for a soil boring permit in an area where no groundwater/contamination is anticipated to be encountered is 45 minutes of inspector review time of the application, and 15 minutes of review time associated with the application. W ASTEWATER H AULERS Under state law and County Ordinance Code, EH oversees sewage pumper trucks. The development of the fees for the pumper truck annual permit is the time it takes to review the permit applications and the field inspection of the truck. B. N ECESSITY OF SERVICES AND REASONABLENESS OF ASSOCIATED COSTS Environmental Health’s fee-funded programs provide services that are either mandated or authorized by state law or County ordinance. As a matter of public policy, these services have been determined to be necessary to protect public health. The time spent on activities that are conducted in order to provide those services – most of which is spent on mandated inspections -- is also necessary, and the costs to fund those activities are reasonable. As previously mentioned above, all field staff account for their time spent on facility inspections by using commercial software developed for the Environmental Health programs. Projected operating expenses include staff salaries and benefits, services and supplies, Indirect Administration, and County overhead costs. Assumptions were made to allow for additional staffing, and step increases for the established employees were factored in. The total of service and supply costs for the entire Environmental Health Division is projected to be $931,197 in Fiscal Year 2014-2015. Service and supply expenses are allocated to the different programs based on the percentage of Salaries & Benefit cost of each program to the entire Division. The amounts allocated to each program are shown in Attachment B. Indirect administration expenses are Health Services Department overhead costs. They include the costs of the Office of the Director to oversee the various divisions within the department, costs of the Contracts and Grants Division to assist in preparing contracts and grants, costs of the Information Systems Division, which assists with computer equipment and software, costs of the Payroll and Personnel Division and costs of the Finance Division. Each division within the Health Services Department is allocated a portion of these projected costs, based on the percentage derived by dividing the total division budgeted expenses by the department expense budget. These services are essential parts of the day to day operations of the department and its various divisions. The amount projected to 21 be allocated to the Environmental Health Division for 2014-2015 is $576,674. The amounts allocated to each program are shown in Attachment B. County overhead costs include those incurred by the County Administrator’s Office in overseeing the Health Services Department. Included are costs incurred in the preparation of department or division agenda items for the Board of Supervisors, development of policies concerning the department or its divisions, labor negotiations, staffing Board committees to which Environmental Health reports and assisting with Environmental Health’s reports to these committees. County overhead also includes costs incurred by other County departments that perform services for the Health Services Department or its divisions. They include Human Resources Department costs associated with contract negotiations with represented personnel, hiring personnel, developing policies, and handling grievances. Also included are the costs of services provided by the Auditor-Controller, Public Works Department, General Services, County Counsel and the Department of Information Technology. As with indirect administration costs, county overhead costs are essential to the day to day administration of the Environmental Health Division. For Fiscal Year 2014-2015, it is projected that a total of $59,405 will be allocated to the Environmental Health Division. The amounts allocated to each program are shown in Attachment B. C. FEE A P PORTIONMENT Fees in all of the Environmental Health programs are calculated based on the amount of time projected to be spent performing the service for which the fee is charged, with the exception of the solid waste tonnage fee, which is not proposed for adjustment. Thus, for example, if it takes an average of one hour to inspect a restaurant, the operating permit fee will be based on the fully burdened cost of one hour of a specialist’s time. In this way, the fees are tied directly to the burden that each payor has on the particular program. 94 That rate is calculated to be $174 per hour as shown in Attachment C. CONCLUSION Based on the above analysis, staff has determined that (1) the services to be provided by Environmental Health in 2015 are necessary, and the associated costs are reasonable to fund those services; (2) the projected expenses of Environmental Health in 2015 are a reasonable estimate of the costs Environmental Health will actually incur in 2015; (3) the fees for the five fee-funded programs are set at a level sufficient to fund but not exceed the costs of the respective programs; and (4) the proposed fees have been reasonably apportioned based on the payors' burdens on those programs. Staff therefore recommends adoption of Resolution No. 2014/381, adopting revised fees for Environmental Health, effective January 1, 2015. 94 Cal. Assn. of Prof. Scientists v. Dept. of Fish and Game (2000) 79 Cal.App.4th 935, 945; Pennell v. City of San Jose (1986) 42 Cal.3d 365, 375; United Business Com. v. City of San Diego (1979) 91 Cal.App.3d 156, 166. Proposed Fee Adjustments PE Description Estimated Annual Number of Units Average Hours per Unit Current Fee @ $174/hr New Fee @ $174/hr PLAN REVIEW: PR-INCIDENTAL RETAIL FOOD MKT 8 7.0 $1,218 PR-RETAIL MARKET < 2000 SQ FT 20 10.0 $1,740 PR-RETAIL MARKET 2000-3999 7 13.0 $2,262 PR-RETAIL MARKET >4000 SQ FT 1 16.0 $2,784 PR-RETAIL MARKET >6000 SQ FT 13 16.0 $2,784 PR-TAVERN/COCKTAIL LOUNGE BAR 2 11.0 $1,914 PR-RESTAURANT 0-25 SEATS 40 11.0 $1,914 PR-RESTAURANT 26-49 SEATS 25 12.0 $2,088 PR-REST 50-149 SEATS 26 15.0 $2,610 PR-RESTAURANT 150+ SEATS 8 17.0 $2,958 PR-SNACK BAR 4 11.0 $1,914 PR-CATERING/PRODUCTION KITCHEN 1 13.0 $2,262 PR-SCHOOL 10 10.0 $1,740 PR-MINOR REMODEL (OF A FOOD FACILITY)77 6.0 $1,044 PR-BAKERY < 4000 SQ FT 4 12.0 $2,088 PR-BAKERY >4000 SQ FT 1 14.0 $2,436 PR-COMMISSARY- VEHICLE 1 12.0 $2,088 CARTS COMMISSARY 0 7.0 $1,218 PR-POOL 13 14.0 $2,436 PR-SPA 1 11.0 $1,914 PR-POOL + 1 7 21.0 $3,654 PR-POOL + 2 1 34.0 $5,916 RECREATIONAL HEALTH: BEACH ANNUAL OPERATING PERMIT 2 3.3 $579 LAND USE: CONV. SEPTIC SYSTEM CONSTRUCTION PERMIT 8 $883 $2,009 CONVENTIONAL REPLACEMENT 3 $883 $2,009 ALTERNATIVE SEPTIC SYSTEM CONSTRUCTION 10 $1,260 $2,926 ALTERNATIVE SEPTIC SYSTEM OPERATING PERMIT 194 $392 $392 SEWAGE HOLDING TANK $386 $1,193 SEPTIC SYSTEM REPAIR OR ALTERATION PERMIT 19 $285 $1,117 ALTERNATIVE REPLACEMENT 1 $1,260 $2,926 SEPTIC TANK ABANDONMENT PERMIT 75 $396 $609 SEPTIC TANK REPLACEMENT 1 $386 $1,193 SEPTIC MINOR REPAIR PERMIT 1 $285 $570 SITE EVALUATION 4 $499 $609 SOIL PROFILE EVALUATION 32 $499 $696 PERCOLATION TEST - STAFF PERFORMED 6 Hourly PERCOLATION TEST - CONTRACTOR W/ STAFF REVIEW 12 $499 $870 BUILDING PLAN REVIEW- BUILDING ADDITIONS/REMODEL 110 $386 $609 CONVENTIONAL SEPTIC SYSTEM PLAN REVIEW 3 $386 $609 ALTERNATIVE SEPTIC SYSTEM PLAN REVIEW 1 $386 $1,044 SEPTIC SYSTEM PUMPER VEHICLE 17 $220 $220 SEWAGE/LIQUID WASTE PUMPER COMPANY 13 $675 $675 PORTABLE TOILET PUMPER VEHICLE 22 $220 $220 GREASE PUMPER VEHICLE $220 $220 VAULT WASTE PUMPING 1 $264 $264 SEPTIC WASTE HAULING ONLY $220 $220 SOIL BORING PERMIT (PER PARCEL)334 $537 $537 SOIL VAPOR PROBE PERMIT (PER PARCEL)$537 $537 GEOTHERMAL HEAT EXCHANGE WELL PERMIT $0 $1,809 CATHODIC PROTECTION WELL PERMIT $584 $609 DEWATERING WELL PERMIT (PER PARCEL)4 $537 $617 Attachment A Proposed Fee Adjustments PE Description Estimated Annual Number of Units Average Hours per Unit Current Fee @ $174/hr New Fee @ $174/hr INCLINOMETER PERMIT (PER PARCEL)2 $537 $532 CPT PERMIT (PER PARCEL)24 $537 $487 MONITORING WELL PERMIT 178 $584 $609 PIEZOMETER W/OUT CASING PERMIT (PER PARCEL)$537 $537 PIEZOMETER W/ CASING PERMIT In fee resolution it says per 53 $584 $553 WELL DESTRUCTION PERMIT 467 $360 $587 DOMESTIC WELL CONSTRUCTION PERMIT 44 $584 $1,209 WELL VARIANCE 68 $213 $321 SITE EVALUATION / WELL (Up to 2 hours)3 $213 $522 IRRIGATION / AG WELL CONSTRUCTION PERMIT $584 $1,209 WELL FLOW TEST (Up to 2.5 hours)2 $499 $696 INDUSTRIAL WELL CONSTRUCTION PERMIT $584 $1,209 SHALLOW HOLE NOTIFICATION (per parcel)34 $537 $174 $0 $1,392ANNUAL PERMIT FOR DRILLER CONDUCTING SHALLOW HOLE NOTIFICATION ONLY Attachment A EH Projected Expenses for  Fiscal Year 14‐15EHDescriptionSolid Waste 5880Medical Waste 5880Waste Tire 5881LandUse 5884Recreational Health 5885Retail Food 5886Plan Review 5887 Total ProgramsSalaries and Benefits 1,221,367 183,042 170,254 1,065,280 967,311 3,772,536 470,7417,850,531Services and Supplies148,992 18,624 18,624 121,054 83,808 437,663 102,432931,197Indirect Administration92,268 11,533 11,533 74,968 51,901 271,037 63,434576,674County Overhead9,505 1,188 1,188 7,723 5,346 27,920 6,53559,405Total1,472,132 214,387 201,599 1,269,025 1,108,366 4,509,156 643,1429,417,807EH Projected Revenue for Fiscal Year 14‐15EHDescriptionSolid Waste 5880Medical Waste 5880Waste Tire 5881LandUse 5884Recreational Health 5885Retail Food 5886Plan Review 5887 Total ProgramsFines & Penalties -93005,0004,500 23,000 180,000212,500Intergovernmental Revenue-950025,000201,599226,599Health Inspection Fees-96001,010,000 209,3871,259,525 1,065,366 4,306,000 643,1428,493,420Misc. Revenue- 98005,000 20,000 23,15648,156Total1,035,000 214,387 201,599 1,269,025 1,108,366 4,509,156 643,1428,980,675Over / under(437,132)00 0 0 0 0(437,132)Attachment B Total work Hours/ Year2080Each inspector's workable hours1,642     Hours  (see table)Personal Holiday taken-42Total number of FTE's performing inspections in all programs28.5Holiday‐80Flex Time taken-5Total workable hours for 28.5 FTE46,797  Hours **Holiday Comp Hrs. takenvacation-114Monthly salary of a Health Inspector$7,672sick time-87Taxes/ benefits$4,6321751Monthly S&B of a Health Inspector $12,304days217Annual S&B of a Health Inspector $147,648daily breaks109Total productive work hours/ Year1642 78.97%Total Annual S&B for 28.5 inspectors$4,207,968Hourly Cost of an inspector (Total Annual S&B Cost / Total workable Hours)$90Overhead cost:Sups/ clerical S&B$2,666,849Service & Supplies$763,581Indirect  Cost$472,874County Overhead$48,712Total Overhead Cost$3,952,016Hourly Cost of Overhead (Total Overhead cost / Total workable Hours)$84Total$9,417,807$174** This total number of  workable hours excludes the hours of those employees that are covered by other Program Revenues/ Grants, such as LEA and Waste Tire.Hourly Rate CalculationAttachment C Estimated Revenue Increase:Estimated Current LandUse Revenues  charged at current rate:971,198Estimated New Land UseRevenues at the proposed rate:319,220Estimated New Rec. Health Revenues at the proposed rate:1,158      Estimated New Plan Review Revenues at the proposed rate:38,110   Estimated increase in Revenues:358,488Attachment D ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT ARC HI V E D DOC U M E NT Current and Proposed Fees Compared to Other Jurisdictions 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Conventional Install Alternative Install Tank Replacement Perc Test Current CCC Proposed CCC Santa Clara Marin San Mateo Alameda Solano Current and Proposed Well Activity Fees Compared to Other Jurisdictions $0 $100 $200 $300 $400 $500 $600 $700 Cost per ActivityMonitoring Well Construction Well Destruction Current CCC Proposed CCC Marin Solano San Mateo Sonoma