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HomeMy WebLinkAboutMINUTES - 02231993 - 2.1 ' 2 1 TO: BOARD OF SUPERVISORS Contra f Costa FROM: Phil Batchelor, County Administrator ' c ;a County 7\,�w 4OR DATE: February 22, 1993 SUBJECT: PRELIMINARY RESPONSE TO THE REPORT FROM THE 1992-93 GRAND JURY ON HAZARDOUS MATERIALS PROGRAMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Acknowledge that progress has been made and will be continued and intensified to resolve those problems which have been brought to our attention by the Grand Jury. From our preliminary review, the following problems appear to exist: A. Inspections of known AB 2185 facilities which have filed business plans with the County have not kept pace with the goal set forth in State law. B. There appears to be no mechanism in place to establish priorities for the order in which facilities will be inspected. C. There are no established' and generally understood standards for the number or type of inspections which should be conducted by a staff member during the year. D. _ The anticipated data management system required by State law is not yet in place. E. The Hazardous Materials Division of the Health Services Department has not, itself, filed a business plan pursuant to AB 2185 although it is generally agreed that one should have been filed. F. No written procedures exist which guide staff in determining when they should respond to a hazardous materials incident, leaving to their individual judgment the evaluation of whether to respond to annyp given call. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON a ruary , 1993 APPROVED AS RECOMMENDED OTHER. X The following persons spoke : Henry Clark, West County Toxics Coalition, 1019 Macdonald Ave , Richmond; and Denny Larson, Citizens for a Better Environ- ment, 501 2nd Street, #3053, San Francisco 94107 . The Board APPROVED the recommendations set forth above and REQUESTED the Internal Operations Committee to expedite consideration of the member status and recommendation for membership to the Technical Committee of the Oil Refinery and Chemical Plant Safety Preparedness Act. VOTE OF SUPERVISORS X - - - I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED February 23 , 1993 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF M. See Page 5 . SUPERVISORS AND COUNTY ADMINISTRATOR BY // �� DEPUTY G. Emergency Response schedule changes can apparently be approved by the involved staff without regard for whether the change might extend response times because no member of the alert team would be in close proximity to the site of the hazardous materials response vehicle. H. Response times for Emergency Response have been extended over the past few years, leading in some cases to complaints regarding the need to hold other emergency vehicles on scene waiting for a response from the Hazardous Materials Emergency Response team. I . The Area Plan has not been updated as is required by State law. J. Clerical staff working in the Hazardous Materials Division have apparently not been provided the information which is required by State law and which was indicated in the Department' s own internal documents as being a part of the Hazard Communications Plan. 2 . Acknowledge that the County Health Officer, Dr. William Walker, and the Executive Assistant to the Hazardous Materials Commission, Barbara Masters, have made a number of system changes over the past eight months to improve the operations of the Hazardous Materials Division. However, much more needs to be done. 3 . Acknowledge that many of these problems can be resolved by the presence of strong on-site management which has the backing of the Department' s top management and which has a mandate to insure compliance with all applicable State and Federal laws and regulations . 4 . Request the County Administrator to work more closely with the Health Services Director and County Health Officer to improve the overall management of the Hazardous Materials Division by doing the following: A. Appointing Lewis Pascalli, an existing member of the staff of the Health Services Department, to serve as interim on-site manager of the Hazardous Materials Program under the supervision of the Health Services Director, pending recruitment and appointment of permanent management position(s) for the Hazardous Materials Division. B. Participating in regular meetings with the Health Services Director, County Health Officer and interim on- site manager to provide continuing oversight to the work of the Hazardous Materials Division. C. Determining the most appropriate organizational staffing pattern for the Hazardous Materials Division. D. Undertaking permanent recruitment for those additional management positions which are identified as being critical to the organization and which can be supported by the fee structure within the Hazardous Materials Division. E. Establishing a reasonable workplan and timetable for completing all outstanding AB 2185 inspections and for maintaining them in full compliance with State law thereafter. F. Determining a reasonable workplan and timetable by which to have all RMPP reviews completed. G. Agreeing on a reasonable workplan and timetable by which to have a data management system in place. -2- H. Establishing a reasonable date by which to have an updated Area Plan completed and submitted to the State Office of Emergency Services . I . Establishing a reasonable workplan and timetable by which to have the Hazardous Materials Division in full compliance with the Hazard Communications Program. J. Fixing a date by which an AB 2185 business plan will be completed for the Hazardous Materials Division. 5 . As a part of their oversight of the Hazardous Materials Division, request the County Administrator and Health Services Director to: A. Determine whether there are any grounds for exploration of the feasibility of having fire district staff assume the primary responsibility to respond to hazardous materials incidents . B. Determine whether there is any objective way in which to establish a reasonable Emergency Response goal in terms of the time required to be on-scene from the point the team is alerted. C. Identify what steps can be taken to increase public participation in the review of RMPP' s and whether additional time can be provided for response by the public to the RMPP document. 6 . Consistent with existing practice in responding to Grand Jury reports, request the County Administrator and Health Services Director to report to the Internal Operations Committee on April 12, 1993 with his proposed formal response from the Board of Supervisors to the 1992-93 Grand Jury on this report, and request the Internal Operations Committee to forward their proposed response to the Board of Supervisors by April 20, 1993 . BACKGROUND: On January 31, 1993, the Report of the 1992-93 Grand Jury on Hazardous Materials Programs was accepted for filing by the . Superior Court. On February 9, 1993, the Board of Supervisors directed the County Administrator to make a preliminary report to the Board of Supervisors February 23, 1993 on the content of this report. This report provides the requested status report. On February 9, 1993, the Board of Supervisors also referred the report from the Grand Jury to the Internal Operations for preparation of the Board's formal response to the Grand Jury. In an effort to clarify the findings of the Grand Jury,- the County Administrator requested a meeting with the Grand Jury to review the findings and conclusion of the Grand Jury' s Report. The County Administrator, Health Services Director, County Health Officer and other staff members met with the Grand Jury on February 11, 1993 and reviewed the Grand Jury's report in some detail . In addition, the County Administrator or members of his staff have talked in person or by telephone with Howard Hatayama, the consultant used by the Health Services Department last fall; Paul De Falco, Jr. , Chairman of the Hazardous Materials Commission; Chief William Maxfield of the Contra Costa County Fire Protection District; Chief Floyd Cormier of the Richmond Fire Protection District; and Denny Larson and Mike Leedie of Citizens for a Better Environment. -3- The Deputy Director of the Hazardous Materials Division resigned in June, 1992 . At that time, Mr. Finucane and Dr. Walker had concerns about the organization and administration of the Division. They made a management decision that, rather than immediately hiring a new deputy director, Dr. Walker would assume direct responsibility for the Division, thoroughly evaluate its operations, and make necessary organizational changes before determining when and how to hire a new on-site manager. Soon thereafter, the Grand Jury initiated its investigation. Dr. Walker met with the Grand Jury on July 22, 1992 . The Grand Jury reports that it has interviewed some 30 witnesses and examined a number of documents . Mr. Finucane assigned Barbara Masters, Executive Assistant to the Hazardous Materials Commission, to assist Dr. Walker in evaluating the Division and carrying out the overall management of the staff. Subsequently, Mr. Finucane hired Howard Hatayama as a consultant to conduct an assessment of the Division. His evaluation was completed in October, 1992 . Mr. Hatayama, until recently the Regional Director for the California State Department of Toxic Substances Control, in his written report, concluded that, "On the whole, the technical and office support staff seem to be very motivated to do a good job and to improve the effectiveness of the office. The technical staff seem to understand the work and are very interested in doing their jobs well . The commitment of the office support staff to facilitating the work of the public that walk in the front door, keeping the office running, and putting the best face on the County is very remarkable. " On the telephone, Mr. Hatayama indicated that in his opinion there is no immediate public health threat from the activities of the Hazardous Materials Division. He noted that the problems he identified and outlined in his report were primarily management problem which could be resolved by clarifying the roles and responsibilities of the team leaders or by otherwise placing someone on-site with clear supervisory and priority-setting authority. Fire personnel reported to us that fire districts at either end of the County are often frustrated with their response time, which can result in long waits of up to two hours or more. In addition, it was noted that the Hazardous Materials Division will, on many occasions, respond with only one person to the incident, only to discover upon arrival that two or more are necessary to mitigate the incident. This results in additional waits of up to two hours, all the while tying up emergency response equipment and personnel . One of the main reasons Richmond Fire gave for organizing the Hazardous Materials Response Team was the extended response times from Environmental Health. Steps have been taken since last summer to organize new program teams around the major programs which the Division administers . In addition, five district teams were established on a geographic basis to inspect all of the facility in that geographic area. In addition, these district teams will be responsible for relating to the cities in their geographic area, thereby improving the identification of new businesses which need to be contacted regarding AB 2185 business plans . Because the large petrochemical facilities tend to be concentrated in certain areas, these large facilities have been divided up among all five teams . Organization charts for the Division, showing the program teams and district teams , are attached. Paul De Falco, Jr. , retired Regional Director of the U.S. Environmental Protection Agency, commented from his contacts throughout California that, "We are ahead of other counties in the State, " in terms of our hazardous materials programs . He also noted that, in his opinion, "I don't know that any inspection would have prevented the Rhone-Poulenc fire. " -4- It is important to point out that the Grand Jury Report does not address all, or even most, aspects of the Hazardous Materials Division' s work. Viewing the AB 2185 and Emergency Response Programs without being able to place them in the context of the rest of the Division's work provides only a partial view of the inspection and public protection work which is handled by the staff in the Division. Over the past six months, Dr. Walker and Ms . Masters have initiated and participated in numerous efforts to improve emergency response and inspection capabilities and create an innovative, streamlined and coordinated regional hazardous materials program. These efforts include: The Hazardous Materials Interagency Task Force: Begun in July, this ad hoc group has met on a monthly basis and is attended by senior policy-level representatives of the County Health Services Department, Bay Area Air Quality Management District, Regional Water Quality Control Board, State Department of Toxic Substances Control, Cal-OSHA, State Department of Fish & Game, State Fire Marshal, and the State Lands Commission. These meetings have focused on the roles and responsibilities of each agency with regard to ongoing inspection activities and emergency response with the goal of identifying areas of duplication and gaps and better coordinating these efforts . The Task Force is developing a matrix to delineate these issues, which will be shared with the Hazardous Materials Commission, community groups and the public for comment over the next few months . Statewide Oil Refinery and Chemical Plant Safety Preparedness Act Technical Advisory Committee (AB 100) : This law was enacted to encourage coordination among local agencies and to review existing statutes and regulations for duplication and inconsistencies . Dr. Walker is the representative for public health departments on the Committee. Regional Hazardous Materials Response Organization: Also begun over the summer, formation of this association was initiated by the Hazardous Materials Division emergency response staff out of concern that during a major incident, such as Rhone-Poulenc, back- up resources and personnel from public agencies as well as industry need to be pre-identified. In addition, coordination and planning is needed ahead of time to anticipate multiple incidents, such as was simulated in the County's emergency services drill last year. Participants in the Organization include Environmental Health, various fire departments in Contra Costa and neighboring counties, police departments which are incident commanders in the event of a major hazardous materials incident, California Highway Patrol, EPA, the State Department of Toxic Substances Control, Regional Ambulance Service, and various industrial representatives . The Organization will focus on identifying training needs and funding sources, coordinating and planning for drills, and improving agency interactions . We understand that this effort is viewed as a model effort by the EPA. We are not commenting at this time on the specific findings and recommendations which have been made by the Grand Jury. We would like to reserve further comment on the details of those findings and recommendations until Mr. Pascalli has had an opportunity to assess the extent of the problems and the steps which need to be taken to correct those problems . We will made a detailed response to each of the findings and recommendations to the Internal Operations Committee in April . cc: County Administrator Health Services Director County Health Officer County Counsel Foreman, 1992-93 Grand Jury Hazardous Materials Commission (Via Barbara Masters) Chief, Contra Costa County Fire Protection District -5- Y Y •cz (D ~ ~ � I 2 as ' N I O 0 CO -0ca mmN Dax� E II a O C � W Inspection Districts ' Central District Inspectors: Area: 2185 Eric Jonsson C2 Pleasant Hill HWG Elaine Wilson Walnut Greek UGT Bruce Benike Dena Hutchin C3 Martinez Pacheco Concord District Area: 2185 Maria Porciuncula Concord HWG Sonny Khoo UGT Sue Loyd Eastern District Inspectors: Area: 2185 Jim Hattum Antioch Clayton HWG Rosemary Walsh Bethel Isle Oakley UGT Hank Bunczewski Brentwood Pittsburgh Byron Southern Djstrict inspectors: Area: 2185 Jim Gallagher Alamo Moraga HWG Steve Morioka Canyon Orinda UGT Paul Andrews Danville San Ramon Lafayette South-East Count Western District Inspectors: Area• 2185 Andrew Parsons Crockett Pinole HWG Gabe Adebiyi EI Cerrito Richmond Greg Lawlor EI Sobranto Rodeo UGT Roger Lewis Hercules San Pablo Kensington _ i DATE: REQUEST To SPEAK FORM - (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: e n n D ,;i PHONE: q�5--2 {3 -$37 3 ADDRESS: �54� Z �� 5y, S Cmr: S, , 64 . 4V(07 I am speaking formyself OR organization: C Check one: (NAME OF ORGAN17.NTION I wish to speak on Agenda Item # 2, 1 My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: REQUEST TO SPEAK FORM (THREE (3) MINUTE umrr) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: CACICK PHONE: 3 ADDRESS: Ci'IY: 00, I am speaking formyself OR organization: Check one: (NAME OF O GANIZATION) I wish to speak on Agenda Item # �. My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.