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HomeMy WebLinkAboutMINUTES - 02031987 - T.3 T. 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 3 , 1987 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------- ------------------------------------------------------------------- SUBJECT: Proposed Ordinance on Hazardous Materials Release Reponse Plans and Inventory Program and Hearing on Hazardous Materials Fee Schedule The Board on December 16 , 1986 expressed a desire to consider adoption of the proposed ordinance on Hazardous Materials Release Response Plans and Inventory Program in conjunction with the hearing on the Hazardous Materials Fee Schedule and fixed January 20 , 1987 for said hearing. The Board on January 20, 1987 , at the request of the Director of Health Services, continued to this date, its hearing on the above matter, and directed the Health Services Director and the Agricultural Commissioner to meet with the Farm Bureau and the Cattlemen' s Association to explore their concerns with the proposed ordinance which implements State Legislation AB-2185 . Mark Finucane, Director of Health Services, advised that he had met with groups affected by the implementation of AB 2185, and out of that input, he would call the Board' s attention to the following: 1. There is a continuing need for public education about all elements of this program. 2 . A great deal of coordination at the County level will be required in the area of hazardous materials/hazardous waste management. 3 . The Agricultural Commissioner has requested an exemption from the fee service part of the AB 2185 program for all growers in the County, which request has been referred to the Health Services staff for recommendation. Following recommendation by staff, the Director will meet with the Hazardous Materials Commission to seek their advice on whether or not an exemption should be granted. Board members discussed the State mandate under AB 2185 and and lack of State funding therefor, the duplication of inspections required by the various departments under that mandate and the need to consolidate inspections and fees. Jack DeFremery, Agriculture Commissioner, discussed the underground tank portion of the mandate, and his request for exemption from the fee service for the growers. Mike Radcliffe, County Fire Chiefs Associaton, advised that the Association had reviewed the proposed ordinance, that the questions and concerns it had outlined had been resolved and that the Chiefs Association would approve the adoption of this ordinance. Richard Fahey, 152 Baltusrol Place, San Ramon, Engineering Contractor, advised that he was involved in the installation, repair, removal and testing of underground tanks and discussed the duplication of fees from the several governmental organizations imposed on underground tanks. Leslie Stewart, 3398 Wren Avenue, Concord, suggested integration of reporting and inspection requirements and expressed concern that any exemption for the agricultural community would not diminish the base of information necessary for safeguarding public health. Steve Hausotter, Contra Costa County Fire Protection District, commented that in attempting to draft the inspection implementaton plan, the overall intent was to recognize that there is a tremendous amount of legislation coming and such a plan would have to allow flexibility to address the present law and still be able to design a program that will allow meeting the legislative mandates of 2185-87 and forthcoming new legislation. John Ginochio, Contra Costa County Farm Bureau, stated that agriculture is not asking for a complete exemption, that it feels there should not be duplication of effort, and that the fees seem unfair based on risk and exposure, that most farms are at low risk and low exposure because they are private places and not exposed to the public. Dave Blumen, Rt. 1, Box 151, Oakley, a farmer in East County, urged a careful look at fees, commenting that farmers cannot handle the excessive fees and are taking their acreage out of production. Supervisor McPeak commented that it would necessary to brief the Hazardous Materials Commission on the mandates of the various bills such as AB 2185-2187, the underground storage tank bill, AB 3777, and the recommendations of the recent Hazardous Waste Task Force. Supervisor McPeak requested a matrix of the various mandates be prepared for the Commission showing what the mandate is, who it applies to, what is to be done, what are the proposed fees, what are the forms and can they be consolidated so that duplication of communication and duplication of billing can be reduced. Dan Bergman, County Health Services Department, Environmental Health, commented that when the proposed Hazardous Materials Release Reponse Plan was developed, it was with the understanding that duplication of services would be avoided, that the inspections would be consolidated and the number of inspectors on site would be minimized. Mr. Bergman stated that the Health Services Department is putting together the data base on vitually all of the program regulatory services to identify overlap regulations. Mr. Bergman commented that one of the concerns he has had is that the County move forward with the program as there are timelines involved and suggested that the Board adopt the Plan. Supervisor Powers suggested the Plan be adopted with the understanding that it is a document that will be changed to adjust to the circumstances and then designate the Hazardous Materials Commission be the agency or the hearing body that monitors the process. Supervisor Torlakson stated that he was in favor of waiting to adopt the plan until everything is in place and there would be minimum duplication. Supervisor Torlakson recommended that the Board send a letter to the State objecting to mandates such as this without funding. Supervisor Fanden expressed concerns that the diagrams and reporting forms be simple and understandable, that the fees be fair and there be consolidation of inspections. Dan Bergman responded that the forms are as simple as possible based on the State requirements. Mark Finucane commented that it seemed that the discussion had been on the inspections aspects of the program, but that the circumstances under which the responsiblity was first received was the public ' s right to know program. He commented that in addition to inspections there is a massive data base management responsiblity to respond to if any member of the public comes into the health services department and wants to know anything about any material stored anywhere in the County and that inspection is a small piece of the program. Supervisor McPeak stated that the fees schedule is not the only concern, but in addition, inefficiency in paperwork and integration of effort. . She also inquired how it was proposed to deal with the generation reduction requirement. Mark Finucane responded to Supervisor McPeak' s concerns and urged the Board to pass the ordinance now, but direct him not to impose the fees until his department, as the administering agency, discusses procedures with the Hazardous Materials Commission and how that would impact with the broader responsibilities of the Commission and whether it is properly integrated. Ray Fujii of Richmond commented that agriculture would not object to a one-time fee, but did not agree to an annual fee;- , and discussed how the proposed inspection procedure would work and the 30-day exemption for the farming community. Board members discussed the matter, including the fact that the program is State mandated, the equity of the proposed fees, and the urgency of moving forward to meet State requirements. Supervisor Powers moved that the program be adopted, that the Director not be authorized to implement those fees until that matter has been addressed with the Hazardous Materials Commission, and that the program be also referred to the Hazardous Materials Commission in order to coordinate the implementation of it with other Federal and State laws in order to avoid duplication. The motion died for lack of a second. Supervisor Torlakson suggested that the plan and the fees issue both be referred to the Hazardous Materials Commission so that the integration and thought process of the Board can be analyzed at the Commission level and have the staff brief the Commission and the Commission report back to this Board with recommendations. Supervisor Fanden advised she could second that but she felt there should be an assessment of the scope of the activities of the farmers and the average amount of materials they handle. Board members further discussed the matter. IT IS BY THE BOARD ORDERED THAT the proposed fee schedule and ordinance implementing AB 2185, Hazardous Materials Release Plans and Inventory Program are REFERRED to the Hazardous Materials Commission. IT IS FURTHER ORDERED THAT staff is requested to prepare a matrix of the various requirements of the program for the Hazardous Materials Commission' s first meeting. i r IT IS FURTHER ORDERED THAT Jack Defremery, the Agricultural Commissioner, is REQUESTED to provide input from the farming community through the Farm Bureau. tbarebyeertlfy2wthis isatr aandoomecteopyof an adbn taken and entered on the minutes of the Board of Supervleoreih0 slate sftoans. ATTESTED; ,rr PHIL BATCHELOR,Cler the Board of Supervisors and County Adminhttrator Ay ,.Deputy cc: Health Services Department Agricultural Commissioner ' County Fire Chiefs Assocation County Administrator County Counsel