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Home My WebLink AboutMINUTES - 12191995 - C104 TO: BOARD OF SUPERVISORS r Contra FROM: Mark Finucane, Health Services Director Costa . ._..: County. DATE: December 4 , 1995 ` srlcuuvt+ �T. SUBJECT: Application for Certified Unified Program Agency SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: To authorize William B. Walker, M.D., County Health Officer to sign and forward to the State before 31 DEC 95 the Contra Costa County Application for the Certified Unified Program Agency (CUPA). BACKGROUND: In 1993 the California State Legislation passed SB 1082 sponsored by. State Senator Calderone. The legislation calls for the organization of six (6) primary hazardous materials programs under a single agency after the Cal EPA Secretary receives and evaluates applications from interested qualified agencies. The Board expressed its intent to apply for CUPA certification on February 14, 1994. This authorization will enable the Health Services Department to complete the application and•forward it to the State. On December 17, 1985, the County designated the Health Services Department as the Administering Agency for all of Contra Costa. Since that time the Department has been responsible for a comprehensive, integrated, uniform hazardous materials program throughout the County. Designation of the County as the CUPA will meet the intent of SB 1082. FISCAL IMPACT: Since the Hazardous Materials Programs are fee and fine supported there are no County funds involved. By applying for certification before 1 JAN 96 we are able to request a waiver of the State Oversight Surcharge fee which will add $20 to each business fee. The approval of the waiver may be made by the Cal EPA Secretary after evaluation of the waiver application. X ACONTINUED ON ATTACHMENT: VES SIGNATURE: _, RECOMMENDATION OF COUNTY ADMINISTRATOR, RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): . ACTION OF BOARD ON APPROVED AS RECOMMENDED -IIZ OTHER VOTE OF SUPERVISORS 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. cc: William B. Walker , M.D. ATTESTED � �p-� 1 � 199�5 Lewis G. Pa s c a 1 l i , J r. PHIL BATCHELOR,CLERK OF THE BOARD OF Hearth Services Administration SUPERVISORS AND COUNTY ADMINISTRATOR Contact: William Walker, M.D. 370-5010 BY DEPUTY M382 (10/88) _I _ r ~• APPLICATION FOR CERTIFIED UNIFIED PROGRAM AGENCY Cogtra Costa County Health Services Agency Environmental Health Services Division 4333 Pacheco Boulevard Martinez, CA 94553 h � TABLE OF CONTENTS Subject P Na Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i-iii List of Attachments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv-v List of Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi 1. Completeness Checklist . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . 1-2 2. Demographic Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-4 3. Applicant Information . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Implementation History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7 5. Geographic Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6. Administrative Structure of Proposed Unified Program . . . . . . . . . . . . . . . . . . 8 A. CUPA, PA and JPA Organization B. CUPA, PA and JPA Internal Organization 7. Authorizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10 8. CUPA and PA Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9. Unified Program Implementation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10. Consolidated Permit Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-13 A. Consolidation of Permit B. Single Point of Contact C. Consolidated Permit Application Package D. Permit Review System E. Permit Issuance to Applicant F. Evaluation of Permitting Process G. Sample of Consolidated Permit H. Permit Cycles I. Other Permit Procedures 11. Inspection and Enforcement Program . . . . . . . . . . . . . . . . . . . . . . . . . . 13-20 A. Number of Business and Inspection Frequency B. Multi-Media Inspections C. Training Requirements D. Voluntary Compliance i ' TABLE OF CONTENTS Subject E. Enforcement Process and Procedures F. Enforcement Penalties and Criteria G. Enforcement Action Confidentiality H. Coordination Activities I. Annual Review of Inspection and Enforcement Plan J. Waste Reduction and Pollution Prevention 12. Fee Accountability Program . . . . . . . 20-23 A. Staff Resource Adequacy B. Budget Adequacy/Annual Funding C. Cost Calculation Methods 13. Single Fee Implementation Plan . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 23-29 A. Programs Covered by the Single Fee System B. Methods for Deterring Fees C. Adjustments for Fee Schedules D. Billing System E. Billing for Non-Recurring Activities F. Fee Collection Process G. Transition to Single Fee System H. Participating Agency Fees I. Surcharge Collection and Recordkeeping J._ Remittance of Surcharge K. Fee Dispute Resolution Process 14. Reporting and Auditing . . . . . . . 29-30 15. Recordkeeping and Cost Accounting System . . . . . . . . . . . . . . . . . . . . . 30 16. Title 22, CCR, Section 66272.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 17. Training and Technical Expertise . . . . . . . . .. . . . . . . . . . . . . . . 30-32 A. Possessed by Applicant Agency B. Needed by Applicant Agency C. Minimum Qualifications for Staff D. CUPA Oversight of PA Program Elements E. Ongoing Training 18. Additional Program Elements . . . . . . . . . . .. . . . . . . . . . . . . . . . 32-34 19. Adverse Affects/Fragmentation/Consistency . . .. . . . . . . . . . . .. . . . . . . . . . . 34 ii TABLE OF CONTENTS Subiect P Na 20i Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 21. Signature of Authorized Representative . . . . . . . . . . . . . . . . . . . . . . . . . . 35 22. Waiver of State Surcharge Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 iii r � ATTACHMENTS Contra Costa County Incorporated and Unincorporated Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Geographic Scope of the Unified Program . . . . . . . . . . . II Contra Costa County Certified Unified Program Agency,(CUPA) . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . III Contra Costa County Environmental Health CUPA Program Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . IV Hazardous Materials Release Response Plan Ordinance 87-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V Risk Management and Prevention Program Fee Resolution . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . .... . . . . . . . . . VI Adoption of RMPP FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII Hazardous Waste Generator Ordinance 89-56 . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . .. VIII Underground Storage of Hazardous Substances Ordinance 90-122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX Permit Review Timeline for New Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . X Permit Modification for Change & RenewalTimelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . XI Permit Review System Review Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII Permit Transmittal Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII Tank Permit Installation Log Sheet XIV Sample Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XV iv r f � Current Hazardous Materials Programs FeeResolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVI Sample Single Fee Invoice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVII Hazardous Materials Programs Staff Employment . . . . . . . . . . . . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . XVIII Job Classifications . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . XIX-XX I i Training Received By and Proposed for Staff . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXI Third Past Due Notice for Business Plan/AB 2185 Fee . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXII Third Past Due Notice for Underground Tank Program . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . .XXIII I 0 V r f I J TABLES 4 Enumerations/Demographic Information . . . . . . . . . . . . . . . . . . . . . . . . . . Table 1 Summary of Program Activities (FY 1992-93) . . . . . . . . . . . . . . . . . . . . . Table 2A Summary of Program Activities (FY 1993-94) . .. . . . . . . . . . . . . . . . . . . . Table 2B Summary of Program Activities (FY 1994-95) . . . . . . . . . . . . . . . . . . . . . Table 2C Summary of Program Activities (FY 1995-96) . . . . . . . . . . . . . . . . . . . . . Table 2D Time Allocation of Staff (FY 1993-94) . . . . . . . . . . . . . . . . . . . . . . . . . .Table 3A Time Allocation of Staff (FY 1994-95) . . . . . . . . . . Table 3B Time Allocation of Staff (FY 1995-96) . . . . . . . . . . . . . . . . . . . . . . . . . . Table 3C Time Allocation of Staff (FY 1996-97) . . . . . . . . . . . . . . . . . . . . . . . . . .Table 3D Trainingand Expertise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Table 4 Reporting and Auditing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 5 Reporting and Auditing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 6 Surcharge Transmittal Report . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .Table 7 Annual Single Fee Summary Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 8 Guide to Fragmentation, Adverse Effects and Coordination and Consistency . . . . . . . . . . . . . . . . . . . . . . . . . Table 9 Vi CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) APPLICATION COMPLETENESS CHECKLIST JURISDICTION NAME: Contra Costa County Health Services Department, Hazardous Materials Division CONTACT PERSON: Lewis G. Pascalli, Jr.. Deputy Director ADDRESS: 4333 Pacheco Blvd.. Martinez. California 94553 Lb MAILING ADDRESS (if different): DATE OF APPLICATION: December 19. 1995 TELEPHONE NUMBER: (510) 646-2286 FACSIMILE NUMBER: (510) 646-2073 ......................:.:::::.......::: :.: ItIPTT01�f... <:> > >: <> >::>> CTT :.:..... :.... .:.C.......:::.......................................................................... :. ....:.........A........................................ ........ .....NU 't............. 1 Appendix A\or this checklist 15150(e)(1) 1 2 Demographic Information 15150(e)(4) 3 3 Applicant Information 15150 4 4 Implementation History 15150(e)(16) 4 5 Geographic Scope 15150(e)(3) 6 6 Structure of CUPA 15150(e)(5) 6 7 Authorizations 15150(c) 6 7A Regulatory Authority 7B Ordinances and Resolutions 15150(C)(1) 8 CUPA and PA Issues 15150(d) 7 9 Unified Program Implementation Plan 15150(e)(6) 8 10 Consolidated Permit Plan 15150(e)(10) 8 11 Inspection and Enforcement Plan 15150(e)(11) t0 12 Fee Accountability Program 15150(e)(12) 15 12A Staff Resource Adequacy 15170(b)(3)(A-E)(b)(4), (b)(5) 12B Budget Adequacy/Annual Funding 15150(e)(14) and 15170(c) 12C Contents of Fee Accountability Program 15170(f), 15210(b)(1) and Cost Calculation Methods 13 Single Fee Implementation Plan 15150(e)(13) 16 14 Reporting and Auditing Requirements 15150(e)(15) 23 15 Recordkeeping and Cost Accounting 15150(e)(17) 24 Systems 16 Compliance with Title 22 15150(e)(18) 24 17 Training and Technical Expertise 15150(e)(7) 24 15150(e)(8) -1- y .CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) APPLICATION COMPLETENESS CHECKLIST :.......................................... ...................................................................... X. ...................... ..................................................................................:...:.....:.::.....:113:.:. ......................................................................................... ... ...................... .............................................................................................................. 18 Additional Program Elements 15150(e)(19) 26 . 19 Adverse Affects / Less Fragmentation / 15150(e)(20) 27 Coordination and Consistency 15150(e)(21) 20 Certifications 15150(e)(9)_ 28 15150(e)(14) 15150(e)(15) 21 ` Signature of Authorized Representative 15150(b) 28 22 Waiver of State Surcharge Assessment 25404.5 29 -2- J, 2. DEMOGRAPHIC INFORMATION Number and Type of Regulated Businesses In addition to the information discussed below, the number of regulated businesses in relation to specific program elements is provided in Table 1. A. Hazardous Waste Generator Program The Division currently regulates approximately 1,347 hazardous waste generators throughout the County. These waste generators range from very small quantity to large quantity hazardous waste generators. A significant portion of small quantity generators consist of auto repair shops, dry cleaners, printers, machine shops, construction companies and photo processors. Large quantity generators include fuel oil refineries, chemical manufacturers, plating shops, maintenance shops, utility and transportation suppliers. Other types of waste generators include research and development firms and laboratories, transportation companies, city and county corporation yards, school districts and households. Tiered Permitting Hazardous On-Site Treatment Program The Division inspects businesses for compliance with hazardous waste generator regulations. The Division anticipates conducting standard inspections at businesses required to comply with the three following permit tiers: 1. Permit-By-Rule; 2. Conditionally Authorized (CA); and 3. Conditionally Exempt (CE) Based on available information, the following number of sites will be subject to tiered permitted inspections: 1. Permit-By-Rule - 11 sites 2. Conditionally Authorized - 10 sites 3. Conditionally Exempt - 103 sites The PBR sites generally consist of large manufacturing facilities conducting on-site hazardous waste treatment activities. The majority of the CA and CE sites are laboratories and photo processors. B. Hazardous Materials Business Plan Program The Division currently regulates approximately 1,561 businesses that store hazardous materials above the minimum reportable quantities referenced in -3- r v r CHCS Division 20, Chapter 6.95. Businesses subject to the California Fire Code Hazardous Materials Management Plan requirements are also subject to Chapter 6.95 and are therefore included in the total number of businesses referenced for the HMBP Program. These facilities include a wide range of businesses similar to the ones mentioned above. C. Risk Management and Prevention Plan Program The Division is currently implementing the Risk Management and Prevention Program (RMPP) throughout Contra Costa County and has 135 acutely hazardous materials handlers (sites) in the RMPP database.-This number has recently been adjusted from field inspections and document reviews to include a number of facilities handling small amounts of acutely hazardous material within our jurisdiction. As new information of this type is gathered, the database will be revised to reflect the changes. The current database is being revised to allow for tracking of RMPP preparation and review status as well as fee schedules and chemical inventory information. The revised database will allow sharing of information between the RMPP and other County programs. Acutely hazardous material handling sites within our jurisdiction include 5 refineries, 5 large chemical companies, 6 large utility sites, and a number of smaller facilities such as cogeneration plants, metal plating shops, and swimming pools. D. Above Ground Storage Tank (SPCC) Program The number of sites identified by the State Water Resources Board Control Board for this program element is 218. These 218 sites are generally involved in bulk petroleum product storage and/or transportation (e.g., Chevron, Shell, Dow, DuPont, Tosco, Unocal). E. Underground Storage Tank Program (UST) The Division currently regulates 788 UST sites with a total of 1,756 USTs. These sites range from small businesses that have only one tank to larger businesses that have several or more tanks. Many of the UST sites throughout the County are service stations. Other sites include city and county government facilities, vehicle leasing and rental businesses, nurseries, car dealerships, golf courses, hotels and hospitals. F. Total Number of Regulated Businesses The total number of businesses regulated by the Division for the compliance with the above-referenced program elements is approximately 2,103. Most of the businesses must comply with more than one of the program elements. -4- r , 3. APPLICANT INFORMATION Agency Name: Contra Costa County Health Services Department Environmental Services Division Hazardous Materials Program Contact Person: Lewis G. Pascalli, Jr. Deputy Director, Environmental Health Hazardous Materials Programs Agency Address: 4333 Pacheco Blvd. Martinez, CA 94553 Telephone No.: (510) 646-2286 Facsimile No.: (510) 646-2073 4. IMPLEMENTATION HISTORY A. Program Elements (Past Two Years and Current Year) The following elements of the Unified Program have been managed by the Division for the past three years: 1) Hazardous Waste Generator Program The Division signed a Memorandum of Designation with DTSC on May 26, 1983 to inspect and otherwise regulate hazardous waste generators in Contra Costa County that are not DTSC-permitted Treatment/Storage/Disposal facilities. 2) Hazardous Materials Business Plan Program Hazardous Materials Release Response and Inventory Plan (HMRRP): AB 2185 (Business Plan) was enacted in 1985, requiring local Implementing Agencies (IA) to ensure adequate emergency response capabilities for hazardous materials releases, and to provide public access to hazardous materials inventories for all regulated businesses in the County (Community Right to Know). The Division has provided hazardous materials emergency response since 1981 and began the AB 2185 Business Plan Program in 1986. This program meets the requirements of Uniform Fire Code, Article 80.103(b) and (c). -5- y (' S 3) Risk Management and Prevention Plan (RMPP) Program The Risk Management and Prevention Program (RMPP) was instituted by the California State Legislature as Assembly Bill 3777 in 1986. The Legislature was concerned about the potential threat posed by acutely hazardous materials to the public health and safety if these materials were accidently released. The goal of AB 3777 was to establish programs designed to prevent these accidental releases by anticipating their occurrence and requiring that precautionary and preemptive actions be taken. The Division began implementation of the RMPP Program in late 1989 with RMPP requests to 11 facilities that were determined to pose the largest potential release risk based upon volumes and volatility of acutely hazardous materials handled, proximity to sensitive receptors, and other factors. These 11 facilities submitted RMPPs in December, 1990. Preparation requests to facilities have continued since 1989, based on their relative risk ranking in Contra Costa County, and are anticipated to be complete in January, 1996. Therefore, RMPPs for all acutely hazardous materials handling facilities within our jurisdiction will be submitted by January, 1997. The Division issued revised Risk Management and Prevention Program and Off-Site Consequence Analysis Preparation Guidance in March, 1993. The Division's RMPP preparation guidance includes provisions for worst credible release evaluations and site seismic reviews of acutely hazardous materials handling areas within a facility. We are anticipating issuance of an updated guidance document in early 1996. Currently, the Division retains three chemical engineers to direct the preparation, submittal and review of Risk Management and Prevention Programs. They also prepare and update guidance documents for the preparation of RMPPs and develop policies to support the implementation of the program. The engineers track RMPP facility mitigation completion schedules as well as required document updates. Contra Costa County has one of the most rigorous Risk Management and Prevention Programs in the State which includes a detailed (line-by-line) technical review of hazards analyses performed by facilities. As of November 1, 1995 the Division has identified 135 active acutely hazardous materials handling facilities within our jurisdiction, with the following progress: 41 RMPPs submitted 21 RMPPs due in 1996 27 Facilities exempted 46 Facilities removed from program 135 AHM Facilities -6- Eight facilities have been removed from the program due to removal of acutely hazardous materials. The Division has been contacted by the City of Oakland Fire Department and by San Francisco County to explore the possibility of contracting with our Division to perform RMPP reviews in their respective jurisdictions. 4) Underground Storage Tank Program Contra Costa County passed an ordinance in 1983 authorizing the Division to implement the Sher Bill regarding widerground storage tanks (UGT). The Division began its inspection and enforcement program of CCR, Title 23 regulations on January 1, 1984, for all cities (with the exception of Danville) and unincorporated areas of the County. The City of Danville transferred the enforcement of Title 23 and its UGT Program to the Division in 1986. See Table 1 for the total number of regulated businesses in Contra Costa County, and Section 12A & B below for the annual budget. B. Inspection and Enforcement Activities Summary (Past Three Years) See Tables 2A,2B,2C. Programs with mandated frequencies require inspections to be made at least once every two years. The Division is on schedule to inspect each facility in its jurisdiction at least once every two years, and each year for AHM facilities. Inspections were conducted by the Division during the last three years for the following program elements: • Hazardous Waste Generator Program; • Hazardous Materials Business Plan Program (HMBPP) (which also satisfied the requirements of Article 80.103(b) and (c), Uniform Fire Code, RMPP); • Risk Management and Prevention Plan (RMPP) Program; • Underground Storage Tank Program. -7- t f i i NUMBER OF INSPECTIONS Program Element FY 92-93 FY 93-94 FY 94-95 FY 95-96 Totals q. Hazardous Waste 648 722 645 151 2166 Generators Business Plan Program 858 538 623 181 2200 (RMS) Risk Management and 11 20 32 50 113 Prevention (RMPP) Underground Tanks 439 397 456 105 1397 Three Year Total 5783 See Other Programs section for additional inspections made by the Division that are not included in the above figures. 5. GEOGRAPHIC SCOPE The geographic scope of the Unified Program covers all unincorporated areas of the County and all 18 of the incorporated cities or towns within Contra Costa County (see Attachments I and H). 6. ADMINISTRATIVE STRUCTURE OF THE PROPOSED UNIFIED PROGRAM See Organizational Charts, Attachments III and IV. 7. AUTHORIZATIONS A. Regulatory Authority As a CtPA, the Division is responsible for inspection and enforcement activities associated with the following program elements: 1) Hazardous Materials Business Plan Program (HMBP) CHSC Division 20, Chapter 6.95, Article 1 and Title 19 of the California Code of Regulations (CCR). The Division is authorized to implement the HMBP law pursuant to Section 25502(a) of the above CHSC reference. -8- 2) Risk Management and Prevention Plan Program CHSC Division-20, Chapter 6.95, Article 2. The Division is authorized to implement the RMPP law pursuant to the same citation referenced above. 3) Hazardous Waste Generator Program (HWG) +4 CHSC Division 2, Chapter 6.5, Articles 1-13 and Title 22 CCR, Division 4.5, Chapters 10, 11, 12 and 31. The Division is authorized to implement the Hazardous Waste Control Law based on a 1983 Memorandum of Designation and the 1989 Contra Costa County Ordinance No. 89-56. Tiered Permitting Hazardous Waste On-site Tr:.atment CHSC Division 20, Chapter 6.5, Article 9 and Title 22 CCR Chapter 20. The Division will be authorized by DTSC to implement the Tiered On-Site Permitting provisions upon certification as a CUPA. 4) Underground Storage Tank (UST) Program CHSC Division 20, Chapter 6.7 and Title 23 CCR, Division 3, Chapter 16. The Division is authorized to implement the UST law pursuant to section 25283(a) of the above CHSC reference. 5) Aboveground Petroleum Storage Act Spill Prevention, Control, and Countermeasure (SPCC) Plans CHSC Division 20, Chapter 6.67. No authority has been granted to the Division to administer or enforce this program element. The SWRCB maintains implementation authority. we will verify the Spill Prevention Control and Containment Plan for facilities under this program. 6) California Fire Code CHSC Division 13, Chapter 4, Part 2.5 commencing with Section 18935, Part 9 and Title 24 CCR, Section 80.103. The Division has no authority to implement or enforce the UFC. However, this program element is covered by implementation of the HMBP program element. B. Local Ordinances and Resolutions There are four fee ordinances which establish fees for implementation and enforcement of the HMBP, RMPP, Hazardous Waste Generator, and UST Programs. Ordinance 90-122 grants the Division the authority to issue citations for UST violations and to revoke UST permits. In May 1987, the Division raised the reporting thresholds for business plans as follows: -9- Flammable gases - 200 cubic feet r Exidizing gases - 1000 cubic feet Inert gases - 6000 cubic feet See Attachments V-ISL. 8. CUPA AND PA ISSUES A. Agreements Between CUPA and PA. No agreements have been entered into between the County and other cities or agencies. B. CUPA and PA Dispute Resolution No agreements have been entered into between the County and other cities or agencies. C. Notice of Intent 1. The City of Richmond has indicated in writing that they will apply as a CUPA. The Division has denied their application in writing. 2. The San Ramon Valley Fire Protection District has applied in writing to be a PA. The Division has denied their application in writing. 9. UNIFIED PROGRAM EUPLEMENTATION PLAN A. At the time of certification, the following Unified Program elements will be fully implemented by the Division: 1. Hazardous Materials Business Plans 2. Risk Management and Prevention Planning 3. Hazardous Waste Generator/Tiered Permit 4. Underground Storage Tank Program 5. Uniform Fire Code, Article 80.103(b) and (c) 6. Spill Prevention, Control and Countermeasure Program will be implemented.within six (6) months of certification. B. Facilities subject to the Tiered Permitting Program are currently inspected by the Division for compliance with hazardous generator requirements. Upon certifications, the Division will receive technical training from DTSC for conducting inspections specific to the Permit-By-Rule, Conditionally Authorized and Conditionally Exempt facilities. Training will be completed by June 1, 1996; Tiered Permitting inspections will commence by August 1, 1996. -10- C. Verification of Spill Prevention, Control and Countermeasure Plans will begin September 1, 1996. D. A Notice of Violation will continue to be issued for non-submittal of a Business Plan upon referral by the Division. T he District Attorney may issue a Cease and Desist Order for serious violations. The Underground Storage Tank Program will continue to issue citations for non-compliance, pursuant to Contra Costa County Ordinance No. 90-122. 10. CONSOLIDATED PERMIT PLAN --- A. Consolidation of Permits The Division currently issues a permit only for the Underground Storage Tank Program element. No other permits will be issued. The UST permit grants permission to operate a tank(s) in compliance with the requirements of Chapter 6.7 and CCR Title 23. The Division, after certification, will issue a consolidated permit for all programs within (1) year B. Single Point of Contact 1) See Section 3, above 2) See Section 3, above 3) There will be no Participating Agencies. This agency is the point of contact for Unified Program implementation and is the local contact for information regarding the Unified Program Consolidated Permit. C. Consolidated Permit Application Package The UST permit is a single form covering only that program element. The application which accompanies SWRCB Forms A,B and C is presented in Attachments X-XV. D. Permit. Review System 1). Steps, procedures, and the timeline followed for the completeness and teo'hnical review of the permit application process are presented in Attachment X. 2) Applications for a permit for new installations are reviewed by the Division using a log sheet, as presented in Attachment XIV. An amended SWRCB Form may be submitted by the permit applicant for modifications.or corrections at any time during the permitting process. -11- 3) In order to track the permitting process, all permit applications for new businesses are logged into our FOXPRO database (see Section 13D for a description of FOXPRO). This automatically enters them into the module "List of Tanks Needing Permit Printed". This list is reviewed monthly by the Division to ensure that each application is followed thr6ugh to {� completion. Inspection staff are required to pursue any applications not carried through to completion. Permits are issued automatically by FOXPRO upon completion of the permitting process. The facilities are then placed in the module, "Underground Tanks Billing Module", which automatically prints a billing statement each year. The Division does not issue conditional, interim, or other types of operating permits. "Permitted" means that the facility is in compliance with all conditions of the applicable program elements. E. Method of Issuing Permit to Applicant Both the initial and renewal permits are mailed from a computer generated database, with a form letter (Attachment XIII). F. Evaluation of Permittine Process Because the permit is for only one program element, the Division relies on applicant feedback with respect to service and efficiency. Comments and complaints are incorporated into monthly UST staff meeting discussions. G. Sample of Consolidated Permit 1) See Attachment XV for a sample of the UST Permit to Operate. The UST operating permit includes the following information on its face: ...Program element ...Agency responsible for issuing the permit ...Business name and address of permitted facility ...Date of issuance and effective term ...Expiration date ...Continuous or non-continuous monitoring ...Tank(s) specifics (capacity, substance contained, year of installation) The Board of Equalization ID number is contained on the UST permit application, Form A. See Section 1013.3 for the definition of "Permitted". 2) Effective August, 1996, the UGT Permit to Operate will be modified to include the following elements: -12- ..-.A description of the leak detection methods used to monitor the tank and the piping. ...Inclusion of a statement informing owner/operator that they must comply with all UST laws and regulations. (A�H. Permit Cycles The UST permit to operate is valid for five (5) years. I. Other Permit Procedures 1) Transfer of permits 2) Modifying permit for a change in facility operations 3) Renewal notices Refer to Attachment XI for steps, procedures and a timeline for these other permit procedures. A permit is issued to the tank owner. If there is a change in ownership, the permit is transferred to the new applicant,within thirty (30) days of receipt of a completed Form A. 11. INSPECTION AND ENFORCEMENT PROGRAM PLAN A. Number of Businesses and Freguency of Inspection See Section 2 above, and Tables 1, 2A,2B and 2C. B. Multi-Media/Integrated Inspections 1. The Division's jurisdiction is segregated into five regions, each covered by three inspectors. Each Specialist conducts fully integrated inspections, which includes business plan, hazardous waste generator, underground tank and waste minimization. 2. Idfispection staff are familiar with the responsibilities and purview of most other State and Federal environmental regulatory agencies. Staff members routinely coordinate their efforts with inspectors from the Bay Area Air Quality Management District, State Department of Fish and Game, Department of Toxic Substances Control, Regional Water Quality Control Board, Department of Justice and Federal EPA. At the local level, Division Specialists work with Sanitary District Source Control inspectors, -13- , District Attorney investigators, a multitude of Public Works' Departments and any other agency whose jurisdiction converges with those of the Division. 3. Representatives from other environmental regulatory agencies meet monthly to improve interagency coordination during joint inspections and to maintain a timely and effective referral process. Improved hazardous materials incident response has resulted from advance planning conducted with other emergency response agencies. The Division, together with the Richmond Fire Department, began the Regional Hazardous Materials Response Organization in an attempi—io accelerate incident response training for less experienced agencies and formalize mutual aid for hazardous materials emergency response in the nine Bay Area counties. C. Training Requirements The Division remains committed to providing Division Specialists with comprehensive training. See Section 17 of this document for a description of on- going required and elective training for Division staff. This training includes in-house sessions taught by Division Staff in their particular areas of expertise and outside courses geared toward creating additional specialized skills for individual inspectors. Innovative methods for mitigation of contaminated sites and human risk assessment and risk communication are examples of the areas being developed. Two (2) inspector staff have attained CSTI instructor status and will be providing training to other agencies as well as inhouse. Training hours approved have involved between 40 to over 200 hours per year per person, depending on program needs. D. Voluntary Compliance Achieving voluntary compliance by regulated facilities is the primary goal of Division inspectors. The process begins with an initial inspection that includes a site walk-through, paperwork and contingency plan reviews and employee interviews to confirm training. Facility representatives are provided an inspection form at the end of the inspection, detailing violations and required corrective actions to be taken, usually within 30 days. Compliance is confirmed by receipt of corrected documentation or by a reinspection of the facility. Division staff begin enforcement procedures when compliance is not achieved within 45 days of the initial deadline. -14- E. Enforcement Process and Procedures Minor violations are defined as those infractions with minimal potential threat to human health or the environment. Examples are incomplete hazardous waste labels.or training logs, errors on the business plan submittal or failure to post an underground storage tank permit. Correction of minor violations , Notice of Violation and Notice of Compliance is sought as described in Section II.D above. Further actions are taken if initial efforts are unsuccessful, beginning with an administrative hearing at the Division Office._The District Attorney may write a warning letter to the facility to accelerate compliance. Major violations are those which present a threat to human health or the environment; or which represent a' willful disregard for the statutes. Examples are failure to submit a business plan, improper disposal or abandonment of hazardous waste or a release from an underground storage tank. Major violations may also include failure to maintain disposal manifests or conduct valid .tightness tests and inventory reconciliation, since these procedures verify a release,to the environment has not occurred. The following procedures are followed in preparing an enforcement action: ■ Thorough documentation of all facility inspections and communications with facility.personnel; Collection of all appropriate evidence, including samples, photos and documentation of remarks made by facility personnel; Scientific and regulatory interpretation of all laboratory analytical data; ■ Preparation of a case summary, including a Statement of Facts; ■ Review case with Hazardous Materials Director; ■ Present package to District Attorney for case filing and prosecution. F. Enforcement Penalties and Criteria The criteria by which enforcement actions are taken remains consistent through peer file review, case examination by the Hazardous Materials Director and staff discussion during monthly general staff meetings. Penalty assessments are determined by the District Attorney in conjunction with the Hazardous Materials Director and the Specialist who has developed the case from the initial inspection. Penalty assessments are consistent due to Division staff experience (minimum of 4 years with the Division), Contra Costa County's use of the same Deputy District Attorney to file environmental crime cases for the past 7 years, and the.Division's adherence to a uniform enforcement and assessment procedure. -15- i G. Enforcement Action Confidentialftj I� All enforcement actions are confidential and accessible only to the Deputy Director, the District Attorney and the Specialist in charge of the enforcement case. When an erfercemept action. is initiated, the file is-pulled and locked in a secure file cabinet located in . the offices lof the . Director to ensure confidentiality. The file becomes public record again when the enforcement action is finalized. H. Coordination Activities 1. The Division submits this application without Participating Agencies or anticipation of a Joint Powers Agency. The Richmond Fire Department (RFD) has been contracted by the Division to conduct AB 2185 inspections in their jurisdiction since 1990. Since its inception, the Division has periodically conducted joint agency inspections. In recent years, the Division has increased its efforts through scheduled multi-agency events. Examples of these are as follows: City of Richmond Facilities Site Date Participating Agencies Arrow Transportation 4/93 EPA, DTSC, the Division Atchison, Topeka & Santa Railway 4/93 EPA, DTSC, the Diviison Beazer East,.Inc. 4/93 of BitCo 4/93 If ' 11to CA Castings 4/93 It it of Conversion Coatings 4/93 to of It East Bay Brass Foundry 4/93 to ofit Electro Forming Co. 4/93 If Great Western Chemical 4/93 " It If Micro Metals, Inc. 4/93 i of General Chemical Corp. 4/93 to Independent Printing 4/93 " Myers Container Corp. 4/93 Myers Drum Corp. 4/93 l Pacific Hard Chrome 4/93 of Pinole Point Steel 4/93 of of of Pinole Point Steel Colorstrip Division 4/93 ofof Remco 4/93 Eight Ball 4/93 " i . -16- ETS 4/93 " Simplex Protective Coatings 4/93 " TMA Norcal 4/93 " �,. United Parcel Service 4/93 " HazMat Interagency Task Force (HIT) Site Date Participating Agencies Tosco 11/93 _ BAAQMD,CCFD,DISC,the Division,RWQCB, SLC,SFM, USCG Erickson, Inc. 10/94 BAAQMD, the Division, USCG, DFG, SLC Levin Metals 10/94 BAAQMD, SLC, USCG, DFG, RFD, the Division Electroforming 10/94 BAAQMD, RFD, the Division Myers Drum 10/94 BAAQMD,RFD, the Division ATS (Potrero) 10/94 BAAQMD, RFD, the Division Colorstrip 10/94 BAAQMD, RFD, DTSC, the Division ABC 10/94 BAAQMD, DTSC, the Division, RFD Remco 10/94 BAAQMD,DTSC, the Division Radiant Color 10/94 BAAQMD, the Division Pacific Refining 6/95 BAAQMD, DTSC, the Division, USCG, SLC, DFG, RFD, CPUC, Rodeo-Hercules Fire Department Agency Key BAAQMD . Bay Area Air Quality Management District -17- I CCFD Contra Costa Fire District CPUC California Public Utilities Commission Division Contra Costa County Health Services, HazMat Division DFG Department of Fish and Game 4. DTSC' Department of Toxic Substances Control EPA Federal Environmental Protection Agency RFD Richmond Fire Department RWQCB Regional Water Quality Control Board SFM State Fire Marshall SLC State Lands Commission USCG United States Coast Guard- - The Division remains committed to improving coordination for multi- agency inspections to both increase efficiency and lessen the regulatory burden on businesses in Contra Costa County. 2. Coordination of enforcement activities Lith the District Attorney is described in Section 11, parts E. and F. above. 3. The Division submits this application ithout anticipation of another CUPA in this jurisdiction. 4. Coordination of inspection, enforcement and oversight activities is a major component of the Division's philosophy and operations. The Division has co-founded and/or participates in the following interagency groups: a) HazMat Interagenc;Y Task Force (HIT) - co-founded by the Division and the BAAQMD; includes DTSC, RWQCB, State Fire Marshall, Regional Fire Districts, Department of Fish and Game, State Lands, California Public Utilities Commission and Federal EPA. This group was formed in 1992 to coordinate inspection, enforcement and emergency response activities at facilities within the Division's jurisdiction. b) IT Task Force - includes the Division,, .DTSC, RWQCB, Contra Costa Community Development (for California Environmental Quality Act (CEQA) process). Oversight of the IT site closure to protect public health and groundwater quality. c) GBF Site Closure Task Force - :,includes the Division, DTSC, RWQCB, Waste Management (Board (WMB), Community Development. Oversight of GBF landfill closure to protect public health and groundwater quality. I I -18- J d) Lead Studies - two groups currently in operation: (i) The East Bay Municipal Utilities District (EBMUD) and the Division are conducting a joint study of soil lead contamination at EBMUD water storage sites within this 4 jurisdiction. (ii) Contra Costa Public Health and the Division are surveying lead contamination in hot spots throughout this jurisdiction and its potential for causing adverse health effects in the community. e) Local Emergency Planning, Commission (LEPC) - the Division maintains a representative as a committee member within the Region II LEPC. The Division has two specialists currently working on the LEPC training and equipment subcommittee task force to develop the mandated Statewide hazardous materials emergency response mutual aid system. f) Regional Hazardous Materials Response Organization-an industry group, with representatives from the Division, committed to initiating and maintaining open communications between industry and the community, and encouraging coordinated emergency response at chemical facilities. h) U.S. Coast Guard - a Division specialist is a member of the S.F. Bay and Delta HazMat Subcommittee. The Division is the lead agency for OSPR Program in Contra Costa County. a i) The Division coordinates with the RWCQB for enforcement activities regarding the Underground Tank Storage Program. 5. Laboratories - The Division uses various certified laboratories for site mitigation and enforcement actions. The two most commonly used are: GTEL Forensic Analytical Specialties 4080-c Pike Lane 3777 Depot Road, Suite 409 Concord, CA 94520 Hayward, CA 94545 (510) 685-7852 (510) 887-8828 State Certification 0-1075 State Certification #E-1202 Certification is contained in Section 20, below. I. Annual Review of Inspection and Enforcement Plan 1. Program elements implemented by the .Division as the CUPA will be reviewed annually against the following criteria: -19- i a) Number of regulated businesses within each program element and number of inspection completed. b) Types and number of violations observed. C) Number of new businesses added to any given program element. 1 d) Number and outcome of enforcement actions taken. e) Efficiency of interagency coordination and referrals, particularly with the District Attorney for processing, filing and followup of enforcement cases. i 2. If deficiencies are noted during the annual review such as insufficient number of inspections completed,.--poor enforcement outcomes, inconsistencies among inspection staff, etc , a corrective action plan will be developed with input from inspection staff and related agencies. Changes will be implemented during the subsequent reporting period. .3. Summary reports are generated from our database by program elements and used to keep staff up-to-date on regio al inspection goals, currently higher than mandated frequencies. All piogram information, including program updates and self audits, shall be maintained at the Division at all times. J. Waste Reduction and Pollution Prevention 1 i See "Additional Program Elements No. 18" Section of this application for description of the Division's Waste Reduction/Pollution Prevention Program. This program is voluntary for industry within this jurisdiction and as such will not be incorporated as a CUPA Program element. i 12. FEE ACCOUNTABILITY PROGRAM i A. Staff Resource Adequacy i The Hazardous Materials Programs is comprised of'25 dedicated professional staff supported by l Deputy Director and 6 administrative staff. This unit is responsible for carrying out all inspection, monitoring and enforcement activities for programs included in this application. Inspections are currently consolidated so that one inspector ensures !compliance with all Unified Program elements during a single inspection. I Contra Costa County staffing levels are based upon the number of business establishments in the County and number of programs currently regulated. Staffing levels would be modified to correspond to demand should the number of business entities or programs regulated change in the future. See Table 3 for a summary of the allocation of staff time to the various programs and program activities included in the Unified Program. -20- B. Budget Adequacy/Annual Funding Description 93-94 Actual 94-95 Actual 95-9,6 Budget 96-97 Budget Appropriation $2,896,521 $3,261,978 $3,464,486 $3,719,071 Revenue $2,633,141 $3,135,923 $3,082,489 $3,679,784 County Cost $ 263,380 $ 126,055 381,997 39,287 # FTE 23.0 26.0 26.0 26.0 Contract 3.3 3.75 4.3 4.3 Employees ■ Fee schedule (see Attachment XVI) C. Contents of Fee Accountability Program and Cost Calculation Methods 1). Fee Accountability Program (a) Accounts Receivable processes comply with County Controller's auditing requirements. Daily reports and monthly summaries by program, record amounts billed and payments received. ■ Writeoff of an uncollectible account requires three signatures - Deputy Director, Environmental Health, Health Services Department accountant and the Health Services Department's controller. ■ Monthly accounts receivable agency report reflects status of the collection process. ■ Prior to billing, fee tables are checked and verified for accuracy. ■ Each payment received is credited to the respective program ` revenue account. (b) Discrete billable services (general). Services are billed on an annual or one-time basis. (c) Staff Work Hours Required. See Table 3 and accompanying comments. -21- (d) Direct Program Expenses ■ Direct Charges for Personnel (S&B) Periodically,based upon prior periods, each inspector evaluates the time, on a percentage basis, he/she expects to spend on inspection for each program for the forthcoming fiscal year. The "time allocations" are reviewed by the program managers. These allocations are inputed into the payroll system and for each payroll period, the salary and benefits are charged to each respective program. Direct Services and Supplies (S&S) Those services and supplies procured for a specific program are charged to that program. (Includes special tools and instruments; special forms, communication .expenses, professional services, building occupancy, auto mileage, maintenance, etc.) (e) Indirect Program Expenses ■ Administrative Salaries and.Benefits (S&B) u Administrative S&B costs are allocated to each program based on the total revenue of each program. (Includes Deputy Director and clerical support.) ■ Administrative Services and Supplies (S&S) Includes the same or similar items as those listed under direct- S&S, plus accounting and administrative services allocation. Expenses in this category are incurred to support all programs. Administrative S&S are allocated to each program based on the number of FTE's in each program. (f) Quantity and range of services provided. See Table 1 and Fee Schedule (Attachment XVI). 2) Discuss the methods by which cost calculation is done. (a) Fee-for-service programs are charged at an hourly rate based upon a composite productive hourly rate;which consists of direct and indirect costs charged or incurred by the respective program cost center. See Section 12.C.1 for information regarding direct and indirect costs. -22- y (b) Program costs are accumulated in each respective program cost center to evaluate and establish the fee basis to recover cost of administering the program. (c) Permit fee structure (See Section 13B) (d) Fee collection process (See Section 13F) (e) Data management systems. ■ Monthly inspection reports'- reflects number of inspections by inspector by program; site location and number of sites. ■ Monthly financial reports - ■ Revenue breakdown by program by fee element. ■ Operating expenses by expense classifications. ■ Monthly accounts receivable and collection reports. ■ Amount billed by program. ■ Cash received by program ■ Aging report that reflects current and delinquent accounts. 13. SINGLE FEE AND SURCHARGE IMPLEMENTATION PLAN A. Programs Covered by Single Fee The single fee system shall replace all fees mandated for Hazardous Waste Generators, Underground Storage Tanks, Business Plan (AB 2185) RMPP and other fees levied by the Division that can reasonably be incorporated into the Unified Program. B. Fee Schedules (See Attachment. XVI) Fees for individual programs are determined by the following elements. ■ Number and sizes of underground storage tanks ■ The volume of hazardous materials generated ■ Risk factors -23- ■ Number of employees that may be exposed to an incident ■ Type, quantity and volume of hazardous materials stored at the business site ■ Program cost (direct and indirect expenses.- See 12.C.1. (d-e) which has been charged to the respective program cost center. ■ Late fees - payment terms are 30 days from date of invoice - delinquent accounts are assessed a 25% penalty. C. Adeustments to Fee Schedule — Program fees are monitored against annual budgeted amounts. Annually, revenues are compared with program expenditures and services provided to determine whether requirements for cost recovery are achieved. If revenues do not meet expenses, the following steps are taken to make adjustments in respective program areas where required. 1) Revised fees are proposed and reviewed internally; 2) Notice of intent to raise fees is proposed to the County Administrator; 3) A revised fee ordinance is proposed to the Board of Supervisors and adopted after a public hearing notice of the meetings; 4) If approved, the fees are increased according to the proposed schedule in the revised resolution; 5) Notice of the upcoming fee increase is included in all annual invoices. D. Billing System The agency currently maintains all billing data on a custom FOXPRO application and a BPI accounts receivable software package. Presently, the FOXPRO System generates invoices from the databases of the various programs and then enters them into the BPI accounts receivable system for managing the receivable and for revenue analysis. Until MSI completes their evaluation as to what system is the most efficient to meet CUPA requirements, the individual program invoices generated by the FOXPRO System will be entered into the BPI System to generate a single itemized program invoice to be sent to the businesses. (See Attachment XVII). The BPI'System has the following abilities: 1) Single Accounts Receivable for each business location; 2) Itemized invoice by program elements (See Attachment XVII). 3) Assessment of non-recurring charges for ie-inspection or one-time costs may be billed as a separate line itern on a single invoice. 4) Line itemization of State oversight surcharge. 5) Monthly statements -24- 6) Assessment of penalties after predetermined intervals; 7) Standard-and ad hoc reporting 8) Revenue ledger application for accumulating revenue by program by fee element 9) Trust fund application for controlling and reporting of surcharge elements. �41E. Billing for Non-Recurring Activities Numerous types of fees are charged for one-time activities such as underground tank removals, installation, incident responses, etc. Fees for these services are typically assessed during a separate application process. Other than incident response fees, moot of the fees for non-recurring activities require-payment in advance. F. Fee Collection Process 1) The Division will issue a single invoice for all listed programs on an "anniversary" date yet to be selected. The invoices will be generated and mailed by the Division. Payment in full will be required within 30 days and a 25% penalty will be assessed on all delinquent accounts. (a) Payments are submitted to the Division in a special envelope provided with the invoice to distinguish the payment from routine mail. Payments in the form of cash, check, and cashier's check are accepted. Cash is rarely received. Receipt of payments are only given if payment is made in person. Receipt of payment via the mail is acknowledged by the canceled check. All cash receipts are processed in accordance to the County's policies and procedures. (b) Billing inquiries are directed to programs assigned.fiscal staff. Fiscal staff provide information regarding charges as well as making adjustments to accounts according to Division policy. (c) If requested by the business, payment arrangement under special circumstances, may be arranged. Payment schedules are dependent upon the credit history of the business and the amount owed. Payment schedules may range from 2 to 12 months. 2) Fee Collection Process Atthe end of each month, a monthly statement is mailed which reflects the number of days (in increments of 30 days) the account is delinquent and the penalty that has been applied. Each subsequent monthly statement has a printed message on it regarding the delinquent condition of the accounts. After 90 days, a "special third notice" is mailed which warns the business of the pending legal action and additional fines that may be assessed. In addition to these collection efforts, the fiscal support staff will phone businesses to see if there are any disputes, or problems which are delaying payment. If these collection efforts fail, the following occurs: -25- (a) Accounts are prepared for small claims court. (Approximately 15-30 days after "Special Third Notice" if no response is received). Note: Small Claim Court cases take approximately 60 days. �+ (b) Judgements are received and payment is made, or collection is processed under the authority of the judgement. Select accounts are transferred to the County's Office of Revenue Collection for collection when the Division is unable to locate the responsible party. (c) Fees owing by closed businesses-or-previous owners/operators are transferred to the County's Office of Revenue and Collections for collection. G. Transition Plan to Single Fee 1) Affected Business Community Participation - A letter will be drafted informing all affected businesses of the Single Fee System. The letter will invite questions and comments. 2) The Division has current computer program capabilities to implement the Single Fee System today. The actions that need to be taken in addition to the Affected Business Community Participation letter are the following: (a) Establish a single anniversary fee date for all programs; (b) Adjust individual UGT anniversary dates to coincide with the new "single fee" anniversary date and bill the appropriate partial year "annual fee". (c) Notify all hazardous waste generators of the change in the reporting, billing and collection process of hazardous waste generator fees. 3) Single payment by business - A single check may be submitted by a business. The distribution of the program funds is identified from the invoicing program, not from the cash receipts program. 4) Procedures for non-payment - Please refer to Section 13F. 5) Timeline for implementation of single fee. Upon CUPA status being certified by the Secretary, we will;set a date to implement the single fee system. A team of fiscal and.program staff will work to coordinate the resolutions to the issues raised above. Contra Costa County will have a single fee system in place within one year of CUPA designation. -26- Although there are current capabilities to implement a single fee billing system, there will always be an ongoing effort to effect a more efficient method to achieve the goals of SB 1082 Unified Program Bill. A sample invoice for a single facility with multiple hazardous materials programs is included as Attachment XVII. H. Participating Agency Fees The Division will be the CUPA for all of Contra Costa County and there will be no participating agency fees. I. Collection and Recordkeeping 1) Surcharge fee collection process is identical to the fee collection process as described in Section 13F. 2) Surcharges are included as a separate line item on the "single fee" invoice. (See Attachment XVII). 3) Surcharge data is maintained electronically within the Division's billing system. From the billing process, the surcharge fee billed is credited to a "suspense account" for each element of the surcharge fee. The surcharge remittance to the Secretary will be charged against each respective "suspense account". Since all business sites and programs will be billed on the same anniversary date, it is expected that the quantity of unpaid accounts after 30 days will be manageable enough to allow manual compilation of unpaid surcharges for reconciliation of the "suspense accounts". The residual balance of each suspense account would represent delinquent accounts or new business fees. Collection of penalties on delinquent accounts will be proportioned, if applicable, to the appropriate surcharge fee element and to a special account for subsequent remittance to the Secretary. The above methodology for controlling and reporting the surcharge is a temporary solution until other methods are evaluated and until more information is available regarding the application of the surcharges to a business site or program, etc. 4) Disputes regarding surcharge fee on other matters will follow the Division's Office and administrative hearing policies. The minutes and results of the hearings are retained in the business site's file. -27- J. Remittance of Surcharge State surcharge shall include the State's reasonable costs to oversee the CUPA, underground tanks, tiered permitting fees (treatment, conditionally exemptlauthori7.ed) and State technical assistance. Collection of State surcharges will comply with the requirements of Section 15250 of the Health and Safety Code. 1) Remittance - State surcharge revenues shall be submitted to the State within 45 days of receipt by the Agency. Remittances shall include breakdown of the surcharge collected :for: . CUPA oversight . Conditionally authorized . Underground tanks . ,Conditionally exempt facilities . PBR Facilities . State technical assistance 2) Transmittal of Late Fees - The establishment of a unified program anniversary date provides somewhat of a simplified method of controlling, reporting, and remitting late charges attendant to delinquent surcharge payments (see I.3). 3) Annual Summary of Facilities Affected - The agency shall submit to the State, by March 1st of each year, information from which to base the State surcharge. 4) Contra Costa County has applied for:the Waiver of State Surcharge Assessment. See Section 22, below, K. Fee Dispute Resolution Process 1) Fee schedules will be part of the application packet and will be made available upon request to the public. Fee disputes (including State surcharges) between businesses and the Division will follow existing Division policy outlined below: (a) Verbal or written dispute to the Division by business; (b) The respective business file and account status is reviewed by fiscal staff; (c) If required, verification of disputed item confirmed by inspector; (d) If appropriate, the adjustment is made; the adjustment document requires 3 signatures: -28- Deputy Director or Program Manager . Division's accountant Health Services Department Controller tt (e) If dispute is not resolved from the above steps: . Office hearing with Deputy Director, Program Manager and Division Accountant; . Formal hearing with the Health Officer of Contra Costa County. (f) Continued disputes involving State surcharges will be handled by the County. (g) Disputes not settled through the above steps would be processed through the Courts. 2) Fees and surcharges may be adjusted under the following circumstances: (a) Inventory amounts and type of hazardous materials were reported wrong; (b) A change in ownership/operator; (c) A substantial change in inventory levels or mix; (d) The business meets exempt status; (e) Underground tanks have been abandoned. 14. REPORTING AND AUDITING Please see Section 13.I for discussion of reports to be submitted to the State regarding surcharge and programs. A. See Tables 5 and 6 for a description of how the Division will fulfill reporting A auditing requirements. B. Any request made by the Secretary for audits, evaluations, updates, etc. must be forwarded within 30 days of the original request. 1) New data on'regulated businesses will be maintained by the Division. This shall include the number of regulated businesses, the number of underground tanks within the jurisdiction, and the number of businesses -29- authorized under the permit-by-rule, conditionally authorized and conditionally exempt tiers of tiered permitting. 2) The Division shall provide Tiered Permitting Reports to DTSC in the timeframe and format specified by the;Department. 4l 3) The Division shall continue to complywith the State Water Resources Control Board quarterly reporting requirements (format provided by SWRCB). Additionally, UST data from State forms A, B, and C will continue to be collected and maintained by the Division. 15. RECORDKEEPING AND COST ACCOUNTING Please see Section 13.0 for discussion of records maintained and financial cost accounting procedures. 16. COMPLIANCE WITH TITLE 22, CCR, SECTION 66272.10 A. The Division has implemented and enforced the Title 22, CCR regulations . pertaining to hazardous waste generators since 1983. The jurisdiction includes all cities and unincorporated areas throughout Contra Costa County. All inspection staff possess related four year college degrees, are adequately trained and provided with sufficient resources to perform specific functions related to the Hazardous Waste Control Law and Title 22, CCR (See section 17.B. of this document). B. The Division does not operate a permitted treatment/storage/disposal site. C. Division staff are qualified per Title 22, CCR, Section 66272.44. D. The Division has adequate_laboratory support through contracts with GTEL, Forensic Analytical, the State Health Lab at 2151 Berkeley Way and other certified laboratories. E. Division staff can provide adequate reviews, inspections and monitoring of hazardous waste and enforcement of the regulations in Title 22, Division 4.5. 17. TRAINING AND TECHNICAL EXPERTISE A. Technical Expertise Possessed b, the he Applicant Agency The program elements currently administered in all of Contra Costa County by -30- the Division are the Hazardous Materials Business Plans (established in 1986), Risk Management and Prevention Planning (1989), Hazardous Waste Generator Program (1983), and the Underground Storage Tank Program (1986). B. Technical_Expertise Needed by the Applicant Agency Two program elements - Tiered Permitting and The Spill Prevention Control and Countermeasure Prevention are not currently administered by the Division. As with other program elem6nts, training does and shall include university extension courses, on-the-job training, tm ning institutes, in-house training, DTSC and RWQCB instruction, seminars and conferences. Title 22, CCR, Section 66274.44 shall be used-as a standard for meeting the minimum technical expertise requirements of the generator and tiered permitting programs. C. Minimum Qualifications for Technical Staff Educational Requirements 1. The Division's existing staff and new hires are required to have a Bachelor degree in biological, chemical, physical, environmental or soils science, engineering, geology, toxicology, or a related field, and at least six months experience in hazardous materials management. A Master's Degree in chemistry, toxicology, or a related environmental field may substitute for the required experience. (a) A list of existing staff, job titles,job descriptions and the number of years experience is provided in Table 4 and in Attachment XVIII. (b) The number of staff and years of employment within the Division's hazardous materials program is presented in Table 4. CUPA Training Requirements The minimum 100 hours of training has been met in the Division's existing technical and supervisory staff, as specified in Title 22, CCR, Section 66272.44(c). This requirement has been met through on-the-job training, university extension courses, DTSC training, seminars, and accredited training facilities such as the California Specialized Training Institute (CSTI). Attachment XXI provides a list of specialized training classes attended by members of the staff. D. CUPA Oversight of PA Program Elements The Division does not anticipate using PA's. -31- E. Ongoing Training for Applicant Agency Attachment XXI provides a list of specialized training that will partially satisfy the requirements in Title 27, CCR, Sections 15620(c) and 15270(c). In addition, training shall include, but not be limited-to the following: 1) Initial and periodic Tiered Permit training through DTSC. 2) Periodic training related to case development, witness training, evidence collection, and rules of evidence through the District Attorney's Office, DTSC or CSTI.,.•-.- 3) Initial 40 hour HAZWOPER training for new hires, with annual 8 hour HAZWOPER refresher training for all technical staff. 4) In-house and on-the-job training related to inspection duties, the use of monitoring equipment, health and safety training, safety equipment, administrative practices within the programs, and inspection techniques. 5) Periodic training related to sampling;methodology, data evaluation, decontamination, and hazard recognition and avoidance through DTSC, CSTI, or university extension courses. Staff are encouraged to attend any relevant training opportunity. Each staff member may receive up to 80 hours of training per year. During calendar 1994 and 1995 a number of staff received over 200 hours of training for certification as Specialists through CSTI training. 18. ADDITIONAL PROGRAM ELEMENTS A. Incident. Response Program Emergency Response staff are on-call 24 hours/day to provide technical assistance at chemical spills, illegal drug labs, pipeline leaks, and illegal dumping of hazardous wastes or chemicals. They provide identification of unknown substances, health hazard information, and oversight for clean-up activities, as needed. They also initiate the community warning and notification systems in the event of an emergency. To report a hazardous materials emergency incident anywhere in Contra Costa County, an individual may call (510) 646-1112. -32- B. Household Hazardous Waste Program Contra Costa County Health Services Department operates on-going weekend collection events for both recyclable and toxic household waste. The collection events are free to the public. To make an appointment for one of ++ the collection events, residents must call our Toxic's Hotline at 1-800-750- 4096. The Program also provides information about safe alternatives to many products which contain hazardous materials, and provides safe and legal recycling and disposal options for house,mold products which contain hazardous materials. C. Very Small Quantity Generator Program Very small quantity generators of hazardous waste that do business within the boundaries of Contra Costa County may legally dispose of up to 100 kilograms of hazardous waste per month by making an appointment to drop this waste off at any of our household collection events. To make an appointment, businesses may call our Toxic's Hotline 1-800-750-4096 and speak to the Hazardous Materials Specialist in charge of this Program. The business must also be registered with the State of California, Department of Toxic Substances Control and possess a U.S. E.P.A. identification number. Each business that uses this program to dispose of small quantities of hazardous wastes is tracked and charged according to a fee schedule. D. Waste Reduction and Pollution Prevention The Division has had a Waste Reduction and Pollution Prevention Program since 1989. A portion of the hazardous waste generator inspection form is dedicated to waste reduction, with this aspect being conducted during approximately 25% of the inspections (See Section 11.B and Table 2 for generator inspections completed by fiscal year). Industry types - The Division's waste reduction program covers all industry types, manufacturing processes and waste streams for businesses of all sizes. The Division's Waste Reduction Program is voluntary for industry. One specialist trains other inspection staff, composes and sends a quarterly newsletter to all hazardous waste generators in this jurisdiction and coordinates off-site training sessions for industry representatives. The Division's waste reduction specialist also conducts SB 14 source reduction plans. Six such reviews were completed during fiscal year 1994-95: a) Monsanto (catalyst manufacturer) -33- b) Tosco Refinery (petroleum refinery) C) Unocal Refinery (petroleum refinery) d) Pacific Refinery (petroleum refinery) e) Radiant Color (pigment manufacturer) ` « f) Dow Chemical (chemical manufacturer) 19. ADVERSE AFFECTS/FRAGMENTATION/CONSISTENCY Certification of this applicant agency will have no adverse affect on the community for businesses within the border of Contra Costa County. The County presently implements four (4) of the six (6) mandated program elements: Hazardous Waste Generator, Hazardous Materials Release Response Plans and Inventories (Chapter 6.95, H&SC), the Underground Storage Tank Program and the Risk Management and Prevention Program. The conditions and requirements of the Uniform Fire Code, Article 80.iO3(b) and (c) can currently be met through the County's implementation plan for the requirements of Chapter 6.95 of the California Health and Safety Code. The responsibility for implementation of the Aboveground Petroleum Storage Act Spill Prevention, Control and Countermeasure (SPCC) Plans will be retained by the State Water Resource Control Board. After certification, the applicant agency will have limited authority in this SPCC Program. In summary, five (5) of the six (6) required elements of the Unified Program have been for six (6) years and are currently being conducted by this agency throughout all of incorporated and unincorporated Contra Costa County. After certification, the SPCC element will become part of our program responsibility. There will be little or no change in the way field inspectors are perceived by the regulated community, or to which agency the community looks for guidance and expertise in hazardous materials management and control. Certification of this agency will provide an ongoing, non-fragmented and consistent program implementation. It will also have little or no,affect on the roles and responsibilities of other regulatory agencies since they have historically had a single point of contact for the coordination of all hazardous materials issues in Contra Costa County. -34- 20. CERTIFICATIONS << CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) APPLICANT r CERTIFICATION I hereby certify the following: 1. I have read and understand sections 15130 and 15150(e)(9),(14) and (15) of Article 3, Chapter 1, Subdivision 4, Division 1, Title 27 of the California Code of Regulations. 2. The administrative procedures of the proposed Unified Program, as implemented by my agency, will meet the standards described in Section 15180 of Title 27, CCR. 3. The Unified Program, as implemented by my agency, will meet the reporting requirements as described in Article 6 of Title 27, CCR. 4. All responsible agencies involved in the implementation of the Unified Program, as proposed by this application, have adequate resources to carry out the Unified Program. 5. If I am a non-county entity, that I have notified the county of my intent to apply to administer the Unified Program within my jurisdiction. 6. I agree to use State certified laboratories for analysis required under the Generator Program by H&SC Chapter 6.5 (refer to H&SC Section 25198). 7. The information provided within this application is true to the best of my knowledge. 8. I understand that this certification is an integral part of the.formal application for certification as a Certified Unified Program Agency, and that any false statement may be grounds for denial or revocation of the Unified Program authorization by the Secretary of the California Environmental Protection Agency. 21. Signature of Authorized Representative William B. Walker, M.D. Date Health Officer Title Contra Costa County Jurisdiction -35- 22. WAIVER OF STATE SURCHARGE ASSESSMENT A. Contra Costa County has 2,103 businesses::under one or all of the CUPA Programs. The proposed $20 State surcharge assessment will add a significant increase to the amount of fees an overwhelming majority of Contra Costa 0 businesses will pay. Business Plan Program (Includes UST Sites) % of # Of 1995 Billed State Surch. ,°o Total Bus. Businesses AB2185 Fee Assessment Incr. 33% 520 $183 $20 10.9 21% 335 $340 $20 5.9 26% 402 $456 $20 4.4 Total: 80% of 1,561 Generator Program 78% 427 $ 90 $20 22.2 . 14% 79 $160 $20 12.5 Total: 92% of 542 B. The above schedule demonstrates that the Contra Costa County business community as a whole, will be assessed fees exceeding the amount of combined fees assessed under a uniform program with the inclusion of the State surcharge. C. The administration of the County's Hazardous Waste Generator Program, the Hazardous Materials Release Response Plan and Inventory Program, and the Underground Storage Tank Program were consolidated into a single program within the County's jurisdiction in 1986. D. The additional programs which will be consolidated into the Unified Program Administration are the Contra Costa County Incident Response Program, the Household Hazardous Waste Program and the County Clean Water Program. The combined programs under the County's CUPA will continue the long-standing uniform regulatory implementation and fee assessment. -36- ATTACHMENTS Contra Costa County Incorporated and Unincorporated Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Geographic Scope of the Unified Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Contra Costa County Certified Unified Program Agency (CUPA) . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Contra Costa County Environmental Health CUPA Program Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV Hazardous Materials Release Response Plan Ordinance 87-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V Risk Management and Prevention Program FeeResolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI Adoption of RMPP FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII Hazardous Waste Generator Ordinance 89-56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII Underground Storage of Hazardous Substances Ordinance 90-122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX Permit. Review Timeline for New Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Permit Modification for Change & Renewal Timelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI Permit Review System Review Form . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . XII Permit Transmittal Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII Tank Permit Installation Log Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIV Sample Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XV Current Hazardous Materials Programs Fee Resolution . . . ' . . . . . . . . . . . . . XVI Sample Single Fee Invoice . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . XVII Hazardous Materials Programs Staff Employment . . . . . . . . . . . . . . . . . . . . . . . . . . XVIII Job Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIX-XX Training Received By and Proposed forStaff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXI Third Past Due Notice for Business Plan/AB 2185 Fee . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . XXII Third Past Due Notice for Underground Tank Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .XXIH foa vino°vntr,o° •,,., �,. • ZY a � o Z 4 d cc q 0 r mN 0'i No � ul CD � Y •r� Q +,• a, 1 Q t to. . 11111111 < 5 lP q O 0 CO Q y 1 ct a . to 4 d !S LO C. J a cr •" l q W v' ', q ' • tom,. 1l! ��.�' ,a"" to ul cl: d t Y� d J Q CS J VO 9, Y Pry ca 10 'r' d x b q G co r O. cc . It to O 2 d Y. .n Geographic Scope of the Unified Program The.areas referenced below are covered by the Division's Unified,, Program: 1) All Contra Costa County unincorporated areas including Mt.' Diablo State Park, Regional park areas and Military installations 2) City of Kensington 3) City of Alamo 4) City of Antioch* 5) Town of Bethel Island i 6) , City of Brentwood* 7) Town of Byron 8) City of Clayton* 9) City of Concord* 10) Town of Crockett 11) Town of Danville* 12) Town of Diablo 13) City of El Cerrito* 14)- Town of El Sobrante* 15) City of Hercules* 16) Town of Knightsen 17) City of Lafayette* 18) City of Martinez* 19) City of Moraga* 20) City of Oakley 21) City of Orinda* 22) Town of Pacheco 23) City of Pinole* 24) City of Pittsburg* 25) Town of Port Costa 26) Town of Rheem Valley 27) City of Richmond* 28) Town of Rodeo 29) City of San Pablo* 30) City of San Ramon* 31) City of Walnut Creek* i *Incorporated i ATTACHMENT II it Contra Costa County Certified Unified Program Agency (C.U.P.A.) {j Contra Costa County Health Services Department Environmental Health Services Division Coverage Area: All of Contra Costa County Incorporated and Unincorporated Programs: • Hazardous Waste Generator Tiered Permitting • Hazardous Materials Business Plan • Risk Management and Prevention Program • Above Ground Storage Tank (SPCC) Program • Underground Storage Tank Program • Article 80 California Fire Code Section 80.103 ATTACIR= III . ri \\ \ ƒ� k � g ca & - ■ ƒ // 7E 13 _ © � ` J / 2 � < 2 § ■ � § k ( ' J R . . �� k 2 \ . d / oo � . M § ® w % 2 ' - 04 _ 23 § �k § V)c� w 22 g�4§ w � to cc \a 8 .2 3 ƒ & \\\ ATT&C•I= TV j {• { ORDINANCE NO. 87-5 _ (llazordoiN Materials Aelease heeponse }riche And lnventoryl The Contra Coats County board of Supervisors ordalne as follows %1�' 'a• (emitting g the Parenthetical footnotes from Use official text of Elie enacted or amended provisions of Elle CoUhty Ordinance Code)1 t < BECTION 1. SURMARY. Thin orditwnce adds bivislan 4S0 to Elie :`• County Ordl11nnce Code, to Impose regulations supplemental I: titosn Imposed by Health and Safety Code Chapter 6.9S (5 25500 et•. meq. ). concerning hazardous materials release response pleas and inventoryspecifically, title ordinance requires business (Hann to include information i11 addition to that «111ch to rayalred by State law, and' requires business plans to be submitted by ' businesses 1181141!119 a 81mcified amount of hazardous material even if the product containing the itnzardoue Material is intended for ,• : direct distribution to need use by Elie general public i[ the product containing the hazardous material id not pre-packaged. Title ordinance also provides an appeal procese for declslone. designates t11e Ilealtll Services bees Ement as t11e admiltlsteriny ; . agency and reaffirms the 4osrd's ab LILY to adopt teed. BECT10H 12. Division 450 is adder! to Elie Otalhance Code, to reads biv101O11 4.1 11AZAALMUO MATERLAl.11 Chapter 450-I Itazardorie ftafeiiale rieleaee j..' ltespouse F acts an Ityeh or es 450-2.002 Fur ose. lieait-It avid Safety Code Chapter 6.95 (comtnene ng w th Section 25500) requires any business which handles a specified quantity of a hazardous material Or a mlxlure contalniny n hazardous material, to establish a buslneas pints for emergency response to a release or t•Itretitetted teleane of n -- hazardous material, which includes an Inventory or haznrdvttn materials handled by Lite business. Health and Safety Coele Chapter 6.95 sloes nat reclude theimposition of additional or more ' stringent requirement's by local goverhment. : - The purpone of Chia ulvlelvn Is to Impose regulntivt.a !n addition to Ilealth and anteLy Code Chapter 6.95, [or tite ' protection of the public and emecgenoy rescue ppereottltel lu t•1te Couhty, and to facilitate impiententation of bald chapter. " . ;Ord. 87- 5 5 2.) ' 450-2.004 Defittitlotra• III The terme Used lleceln eltnli have the mean ngs ascribedt-o L- em is IleaiLlt dud Safety Code Section 25501. ?....: .• (2) "raeility" mennn a single location of site Where Itazardoue materials are handled. (Ord. 07 5 2.) . r ' U11U1NntiCE })fl: tl7/5 - Eli/i9/ac) ATTACK V 450-2.006 Administering A e�nn�c2y[ The Health services ti?•. Oepac nt s tote ddes gnats adminlooterLng agena An Contra Costa County, reezrWheible for adminieterin and enfore n the t 9 g provisions of Health and Safety Code Chapter 6.95 and this division, aacl is empowered to take all actions necessary therefor. ;The Health Services Director or bis deelgitee to designated and empowered to warty out all functions under Ghaptet 6.95 ihd 616 bivleio++ r " Unless the board, by resolution of otdutl-de*ljnatos •bother agencyy I rd.ZI7_5 S 2.l - 450-2.000. Uuacka ed Consumer Products. (1) Fi�ndi�nye. The :•r` board +ere y finds tTat t +e +onlisig of consumer pioJucts w5rch 'y. are not pre-packaged, and whiel+ contain a l+azardouo material or a mixture containing a hazardous material. poses the'same threat• to the public and emergency rescue pe 80e as the lu+udlii,q of nay ?a = hazardous material or mixture containing a hazardous waterint not s+eant for direct distribution to Lite genetal pubiic. For thin _ reason, consumer products which are not pre-packayyed for direct distribution to, and use by, Use general ppblia should be subject- to Elie some regulations an hazardoUe rneteriale or aixturee thereof, of like quantities. (2) business Clans I(Veguired. Notwithetanding Health and Safety Code 25503.5, any—buelneee handling a hazardous material or mixture containing a hazardous materlal, which bas a qunntity at any one time during the reporting year equal to; or greater -'e than, a total weight of 500 pounds, or a total volume of 55 . ., gallons, or 200 cubic feet at standard UemperdEure'snd prensure for compressed gas, contained solely in a eonsumer'yroduct for direct distribution to. and use by, the general pub Lc, amt wliieli is not tore-packaged prior to such distribution, shall establinh and implement a buainees plan for emergency response to n release or threatened release of a hazardous material in occordence wlLh Health and Safety Code S 25500 et seQ., and the standards and regulations adopted pursuant Elieteto �►nd ih thio blvision. (Ord. 01 -5 52.) 'r _ 450-2.010 business. Plans, business plans sh611 be sudnoltted on the form and in the manner prescribed by Elie administering agency. in addition to the information required by eEate law, business plans shall include+ I.0 Number 'of employees al• Elie f6cility) (b) Square footage of facility) (c) Four-digit UeparLment of Traltepottatlon idenElflcatlon Numbers and (d) Any other information tagUitbd by the hoatd. ,V . (ord. 07_ 5 S 2.) 450-2.012. Fees. Pursuant to Health and safety Code 525513, the uoard map, by reaclution and from time: to time, adopt n schedule of fees to be collected from encl+ business required to submit a business plan pursuant to Iledlth And safety Code chapter 6.95 or tl+lg division. '•` (ord. 87-3 $2. ) 450-2.014 Appeals. Any decision of the administerluy agency awy be appeared to the Dearing authority, in the manner and accordit+gg to the procedures for oppeele from the letmik nut•hycit•y in decisions concerningy undergground storage of (+ozerdous substances, bet forth in Beations 413;-5.290 El+l:ough 413-5.330, inclusive, of this Code. (ord. 87-5 S 2.) ORDINANCE 1�0. 117-5 (11/19/DG) r SECTION 111. ErFVCTIVE DATE. Thie Orellnance becomce effective I0i3ays a Larrpasst<ge, slidwithin 15 days of paeadge 614e11 be published once with the names of tl!ee supervisors votlny for and against It in- the Contra Costa Times 0 a Newspaper published in this County. PASSED an _ April 20, 1907 , by the following votes - AYEB! Supervisors Powers, Feliden, tats tkoobs HoPooks HOE91 Hobe. •ix + ADS ENT i Supervisor Schroder; 'AbSTAM None. ,�/�.•; ATTEGT 1 V1111, 13ATCIIELOA, l- Clerk of Else board and � w County Adminietrator Deputy "— oarU,lei r T+C • hS, •S~i -3r ��' � OriblNntic� l�ae Elj�5 (il/19jOG} • � N..3 To: BOARD OF WFE RYtSORS FROM: Mark Finitcane,VaatthSambes Director Contra _ Costa DATE: December 1E,1492 - County SUBJECT: Establishing a Sw Schodtft.for the Administration of the Risk Managersrrrtal1W wovention Program l I SaEcirc REOMMM OR A M WAROUND AND,AOTiFICATION RE MMF.?•'DAT1014: I.Hold public bearing. 2. Following the bearing, adupt a Tesolution (copy attached) that will establish a fee schedule for administration of the Risk N nagemeat and Prevention Program. FISCAL IMPACT: I- Approximately$200,000 a y=in feu. This will cover the cast to administer the program. BACKGRO=: The Risk Management and Prevention Program=plants enacted by the State of California in 1986 in order to reduce the risk ofaebemical accident that handle large amounts of Acutely Hazardous Materials (AHM). In Contra Cost County,in particular,there has been a great deal of public concern about the threat to human healib and the enviroiunent from the County's numerous oil refineries and chemical manufacturing plants. Contra Costa County Health Services Department has focused on three goals in implementing the RMPP program: 1)Prevent chemical ascidcnts from oceasring by identifying potential causes and taking corrective action; 2)Prepare for cbeafkal accidents that,nevertheless, may occur by developing emergency response plans and training prqpzms; and 3) Protea the public in she event of:such an accident by ensuring that residents will be noted- immcdiately of the accident and th--appropriate protective action to take. Following enactment of the laavivquaing the development of Risk Management and Prevention Programs (RNiPPs), Contra Lbsta Cb=ty Health Services Department (HSD), the Administering Agency for the program, ranked the tap facilities that handle Acutely Hazardous Materials according to a variety of risk factors. In late 1989,Zhs HSD itnp lied tbt highest-ranked 11 facilities to prepare RMPPs. In January 1991, HSD received ihz zlaruments. Rlvg'Ps teeview all the programs or aspects of business which are designed to prevent accidtat3 fnvnbtq A1*4 including design safety of new and ting equipment, �I�r aTTA RECOMMENM MON*F=00W4 DMeaM7Oat IK=AkW=T&OF SONO COMMRTEE �^ APPROVE _t777NEER �irNDTI ITL/GI• A„'-TION OF Ba *iJ ON �/r�—. �12 �RpVED AS RECOMMENDED �r--, OTHER VOTE OF sipiwSORS I HEREBY CERTIFY THAT THIS IS A TRUE LNANIMDUS 41111srIstr AND CORRECT COPY OF AN ACTION TAKEN AYES. WOE-9AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: OF SUPERVISORS ON THE DATE SHOWN. Conu.4 Pown: Svmn Modes-S'=4= G CC: want s.roipy Dapatfmwu iATTESTEDD&r :c'' f Z_ "fdout MabWM PHIL SA79HELOK CLERK OF THE BOARD OF E�,vKonmM�}�l1, i1tA I t UPMFISORS AND COUNTY ADMINISTWITOR County AG7rt1717tOS County Counsri Aud.l tor—Cwz==1.7sa' SY ,Volury ATTACH I' VI operating procedures,preventive maintenance programs,operator traini.ng,accident investigation procedures, emergency response planning, and audit procedures to ensure that these programs are being executed as planned. The law rt tired that RA21?s be based on two types of analysis:a Hazard and Operability Study(HazOp) and an Off-$ite Consequence Analysis (OSCA). These documents review the design and operations of a facility to determine possible causes of a chemical accident and the potential impact of such an accident on neighboring communities,respectively. In April 1991,the HSD determined that the OSCAs contain valuable information for the public as well as emergency response agencies and concluded that they should be part of the public document. The HSD developed new guidelines for the preparation of an OSCA and formally requested industry to prepare new OSCAs and submit"them to the Department by September 30, 1991. The Health Services Department recognizes that the reiults of the RMPPs and the OSCAs will be of great interest to the public. Therefore,it has initiated a Public Participation Process to ensure that the public and, in particular,communities that may be directly affected by a chemical accident know about the RMPPs and the results of the OSCAs and have an opportunity to have input into the process. All written comments will receive careful review and written responses by HSD. In addition, the Department will hold workshops, upon request,to discuss with local residents the results of an individual facility's RMPP and OSCA. HSD is currently reviewing the it facilities'RMPPs and OSCAs. The review is being conducted in three phases. Phase I included Chevron,Tosco and Unocal refineries. Public review of Phase 11,which includes Shell Oil and Rhone-Poulenc Basic Chemicals,and the G WF Cogeneration Plants,began July 1,1992. Phase III review should begin in early 1993. In addition, on November 15, 1991, HSD requested additional facilities -- Pacific Refining, Chevron Fertilizer,Imperial West(2 sites),IQ Agricultural Plant and Pacific Gas&Electric Power Plant(Pittsburg)- -to prepare RMPPs. These have been recently submitted. Also preparing RMPPs are two new facilities, Contra Carta Water Djstrict and C& H Sugar Cogeneration Plant. They will be due at the end of 1992. Five additional RMPPs were requested on.November 16, 1992. Contra Costa County is one of the leading jurisdictions in the state in implementing the RMPP program. In addition,the Health Services Department,which administers the program,has taken a number of actions that go beyond what is required in the law. These actions involve requesting the Off-Site Consequence Analysis, developing guidelines for the preparation of those documents, and implementing a public participation process that includes public workshops and written comments to discuss individual RMPPs and OSCAs. NEED FOR FEES In order to carry out this program comprehensively and timely,HSD has had to increase staff from one to three chemical engineers. Reviews of RMPPs are lengthy,intense and time consuming. For example,the Chevron RMPP,the first RMPP to be reviewed,took seven person-months to complete. Thus,although the HSD initially covered the costs of the RMPP program through its AB 2185 fees,they are no longer adequate. In addition,state law no longer allows 2185 fees to cover the costs of RMPPs and now provides separate authorization for coltcdng fees for the RMPP program. The HSD believes that the RMPP program is one of the most important activities directed at actually preventing serious chemical accidents. Already,improvements can be seen. Some facilities have eliminated the use of certain AHMs; others have reduced or relocated them. In the wake of the number of serious hazardous materials accidents in this county over the last year, the HSD believes that it is essential to continue devoting sufficient staffing and resources to this program. The proposed fees are consistent with those established in other jurisdictions. For example,in Los Angeles County,which uses a different methodology,large facilities pay fees ranging from approximately$10,000 to $40,000 a year. After the initial 3-year period,those fees will go down by about$4,600. San Mateo charges a flat fee of$8,800 foi the RMPP program. Other counties charge one time fees for the preparation of RMPPs,hourly fees for reviewing the plans and annual fees thereafter. However,because of the extensive review conducted by HSD,charging an hourly rate would result in a very expensive fee in the year during which the RMPP is being reviewed. By charging an annual fee,the funding for the RMPP is spread out over multiple years. I 2 On October 28,the Hazardous Materials Commission unanimously voted to recommend that the Board of Supervisors adopt the proposed RMPP fees. Subsequently, on November 12, the Health Services Department met with affected businesses to discuss the raiionale for the proposed fees and answer any questions. {. LEG15LATTVE A[TTHORf1Y: Section 255352 of the Health and Safety Code states that 1FBCb administering agency may,upon a majority vote of the governing body, adopt a schedule of fees to be collected from each business which may be required to submit an RMPP.' It further states,"In determining a fee schedule pursuant to this section,the administering agency shall consider the volume and degree!of hazard potential for the acutely hazardous materials handled by the businesses subject to this article' I I I I - i I i i i i I I I H.3. H a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 15. 1992 by the following vote: AYES: Supervisors Powers. Torlakson, and Schroder NOES: None ABSENT: Supervisors Fanden and McPeak ABSTAIN: None SUBJECT: Adopt Fees for Risk j "`RESOLUTION NO. 92/ 852 Management and ) (H.iS.C., S 25535.2, Prevention Program ) Gov.Code, S 66018.) r The Board of Supervisors of Contra Costa County RESOLVES as follows: A. BACKGROUND. The Health Services Department is the administering agency responsible for reviewing and making determinations regarding risk management and prevention programs ("RMPP" or "RMPP program") in Contra Costa County in accordance with article 2 of chapter 6.95 of the Health and Safety Code (S 25531 et seg.). The RMPP program is one of the most important activities directed at actually preventing serious chemical accidents. RMPPs review the design and operation of a facility to determine possible causes of a chemical accident and the potential impact of such an accident on neighboring communities. Reviewing an RMPP is a time-consuming process, requires highly specialized education and training, and is therefore expensive. Charging an hourly rate to a business for reviewing an RMPP may result in a prohibitively high fee for this important program. In order to minimize rate impacts on businesses as well as budget impacts on the County, this Board elects to assess annual fees upon businesses subject to Health and Safety Code article 2. B. FEES. Pursuant to Health and Safety Code section 25535.2 (added by Stats. 1991, c. 616), annual fees are established, to be collected from each business which may be required to submit an RMPP pursuant to Health and Safety Code article 2 (S 25531 et seg.), as set forth herein. 1. The fee assessed is based on the risk ranking assigned to the business, as follows: Risk Rankina Annual Fee t, 100 and greater $10,000 50 - 99 $ 51000 25-49 $ 2,500 1-24 $ 500 0 $ 200 If it is determined that a particular business will not be required to prepare an RMPP, the annual fee will be reduced to $50 to cover administrative processing expenses. RESDU)TION ND. S2/852 ATTACHMENT VII 1 2. A 6-month prorated .fes shall be due and payable con • January 1, 1993 for the 1992-1993 f1sc6l year. Thereafter, the fee shall be due and payable on July liof each fiscal year, commencing on July 1, 1993. i 3. Fees shall be waived for those businesses defined in Health and Safety Code section 25501.4!. C. NOTICE. This Board finds that notice was given pursuant to Government Code section 66018_and-6062a, and a public hearing was held pursuant to Government Code section 66018. D. EFFECTIVE DATE. This resolution becomes effective immediately upon adoption. j i nvr.w Cutty nut Vile Is a true and Correct COPY of an Seton akon and enured on tt» rnlnutee of the hoard of SupaNeon on tM dau Ntvwn: Originating Dept.: Health Services i ATTE5TED: �TOh°� 1S_t_442 cc: CAO MAL BATCHELOR.Cork of the 604rd County Counsel d � Auditor-Controller ey ,Deputy 1 Li.e.rappf...r.. f i I ' I f I i i I I ORDINAACs 1D. 89- 56 (Hazardous Waste Generators) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Codes SECTION 1, SMWIARY. This ordinance amends Division 413 of the County.Ordinance Code by deleting the provisions requiring hazardous waste generators to obtain public health licenses and pay public health license fees (added by Ordinance No. 64-37), adds Chapter 450-4 requiring hazardous waste generators to pay fees for inspection services provided by th6-iiealth-Services Department, and sets the fee amounts. ` BBCTION II. Sections 413-3.416, 413-3.1008 and 413-3.1246 of the County Ordinance Code, added by Osminance No. 84-37, are repealed. SRCTION III, Section 413-3,604 of the County Ordinance Code is amended, to exclude hazardous waste generators from the list of activities and establishments requiring public health licenses, to read: 413-3.604. Licensable Activities. The following must be licensed hereunder: restaurants, retail food markets, wholesale food markets, food processing establishments, roadside stands, food salvagers, ice plants, peddlers, itinerant restaurants, bakeries, retail food vehicles, food vending machine businesses, public swimming pools, wiping rag businesses, small water systems, septic-tank toilet cleaners, and infectious waste producers. (Ords. 89-56 S 3, 85-28 S 2, 84-37 S 2, 76-43 S 1,.74-79 S 3, 74-1.) BBCTION IV. Division 450, Hazardous Materials, is renamed 'Hazardous Materials and Wastes.' SECTION V. Chapter 45D-4 is added to the County Ordinance Code, to read: Chapter 450-4 Hazardous Waste Generators 450-4.002 Authority. This chapter is enacted pursuant.to Health and Safety Code Sections 510, 25180 and 25185, and the ✓ Memorandum of Designation between the State of California and the ✓/ County of Contra Costa, recognizing the authority of the County ✓ Health Officer, as an agent of the State, to enforce the minimum standards and regulations controlling hazardous wastes adopted pursuant to Health and Safety Code section 25150 in Contra Costa County. tk. (Ord.89- 56 S 5.) 450-4.004 Definitions. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this Chapter have the weavings ascribed to them in Health and Safety Code Chapter 6.5• (S 25100 at seq.) and Chapter 30 of Division 4 of Title 22 of the CaliforaLa Code of Regulations. ORDIIUUFCZ 110. i9- 56 -1- ATTACHMENT VIII (b) 'Hazardous waste generator" means any person, by site, whose act or process produces hazardous waste identified or listed in Article 9 or 11 of Chapter 30 of Division ;4 of Title 22 of the California Code of Regulations, or whose act first causes hazardous waste to become subject to regulation, except that 'hazardous waste generator' does rct include persons required to 14 pay a hazardous waste facility fee for that same individual subject pursuant to Health and Safety Code section 25205.2, and does not include persons handling only hazardous waste produced Incidental to owning and maintaining their awn place of residence. (c) 'Person" means an individual, trust, firm; joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership, and_ association. 'Person" also includes any city, county, district, commission, the state or any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (Ord. 89-5b S 5.) 450-4.006 Area of Application. Fees required by this chapter shall be required of hazardous waste generators within the unincorporated area of the county and within any city in which the county health officer enforces the statutes and regulations referenced in section 450-4.002. (Ord. 89-_JL__ S 5.) 450-4.008 Administration. The county healtk officer is charged with the responsibility of administering and enforcing this chapter, and is authorized to promulgate, rule's or regulations consistent with and necessary for its efficiAnt administration. (Ord. 89-56 S 5.) 450-4.010 inspections. Inspections of hazardous waste generators will be conducted to enforce minimum standards and regulations controlling hazardous waste and to assist in the minimization of hazardous waste. (Ord. 697 56 S 5.) 450-4.012 Fees; manner of payment. Every person who is a hazardous waste generator shall pay such inspection fee as is prescribed by the Board of Supervisors, on forms prescribed by the county health officer or designee. (Ord. 89-56 S 5.)' 450-4.014 Fees; time of payment. The fee imposed pursuant to section 450-4.012 is due and payable annually ;on the date prescribed on the fee payment form. (Ord. 897 56 S 5.) 450-4.016 Fees; failure to make timely payment= penalty. If the inspection fee is not paid to the county health officer or . designee within the time prescribed for payment,:a penalty of 109 of the fee shall be added thereto for every month which the fee is delinquent, not to exceed a maximum penalty of 301. (Ord. 89- 56-,- S 5. ) 450-4.018 Fees. The board may, by ordinance and from time to time, prescribe inspection fees to be paid by hazardous waste generators. (Ord. 89- 56 S 5.) SECTION VI. RAZATM= MASTS GENERATOR 7885 IMPQSBD. A. Pursuant to County Ordinance Code section 450-4.018 and the authorities set forth in County Ordinance Code section 450- ORDINMCS No. 89-56 -2- i i I �t � ing inspection fees on hazardous waste 4.002, the foll?W generators (defined in County Ordinance Code section 450- 4.004(b)) are imposed beginning calendar year 1989. B. Fee Amounts. 1. The fee imposed on hazardous waste generators generating less than five (5) tons of hazardous waste in a calendar year is ninety dollars ($90.00) annually. , 2. The fee imposed on hazardous waste generators generating five (5) tons or more of hazardous waste in a calendar year is the amount of the fee imposed pursuant to Health and Safety Code section 25205.5. SECTION VII. SEVERABILITY. If any provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board of Supervisors declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. -SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. PASSED on August 15, 1989 by the following.votes AYES& Supervisors Powers, Fanden, Schroder, W-Peak and Torlakson NOES& None ABSENT& None ABSTAIN shone ATTESTS Phil Batchelor, Clerk of the Board of Supervisors and Count Adm nistra o Byt T11 De uty M-ard Chair (SEAL] LTFspr t W. �r.(ord6.r�.ltfJ ' ORDINANCE NO. 89-56 -3- i - I I 90-122 ORDIN"CE NO. ' (Underground Storage of Hazardous Substances) j The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of, the enacted or amended provisions'of-the County Ordinance Code)js rL=ION 1. SUBMARY. This ordinance amends the County Ordinance Code by amending section 14-8.008, to grant to the Health Services Department authority to issue citations for underground storage of hazardous substance violations, repealing Chapter_-413= 5, regulating underground storage of hazardous substances, and! adding Chapter 450-6, to contain new regulations on underground storage of. hazardous substances to supplement and assist the County in enforcing; implementing and administering state laws on underground storage of hazardous substances. j SECTION Ii. Section 14-8.008 of the County Ordinance Code is -amended, to authorize the Director of Health Services to make arrests or issue citations for violations of `the County's regulations on underground storage; of,hazardous-substances, ti reads • 14-8.008 Infraction arrest and citation. (a) The following officers, or their designated subordinates, shall have and are hereby vested with the authority to arrest any person who j violates the following provisions .of;this'ccde punishable as infractions: (1) Director of Health Services - Chapter 450-6; j (2) Director of Building Inspection - Title 7; .(3) .-.Director of Community Development - Title 6; (4) Director of Public Works -Divisions 1002, 1010, i 1106 and.1110. i (b) The above-listed officers, or their designated subordinates, may issue citations for infraction violations of the above-listed code provisions. i (cj The county administrator may by written order issue regulations to provide for administration, procedures and policy direction for this section. (Orris. 90- 1.225 2, 86-8Q; Penal Code SS 19.7, 836.5 and 653.6.) SECTION III. Chapter 413-5 of the County Ordinance Code, -on; underground storage of hazardous substances,- is-repealed in its entirety. -SECTION IV. Chapter 450-6 is added to the County Ordinance Code, • to read: ; chapter 450-6 i UNDERGROUND STORAGE QF HAZARDOUS SUBSTANCES �•� Article 450-6.2 General 450-6,202 Purpose. The purpose of this chapter is to establish regulations to supplement and assist and facilitate the enforcement, implementation and administration of the provisions of Health and Safety Code Chapter 6.7 (section 25280 et seq.) on underground storage of hazardous substances, and regulations adopted pursuant thereto, as said statutes and regulations !are amended from time to time. (Ord. 90-12Z S 4. ) I _ I K I ATTACHMENT IX I 450-6.204 Authority. This chapter is adopted pursuant to Healthand Safety Code sections 25299.1(x) and 25299..2, and'the .• county's. police--power. ford. 90-122 S 4.) 450-6.206 ea. Pursuant to Health and Safety Code section " • =283,'Tthe•provisions of this chapter apply in the entire county, tacluding territory within incorporated cities. ' fid. 90;122 S 4.) 450-6.208 ,Definitions. (a) Except as otherwise provided Is this section, for purposes of this chapter, the definitions in Sbalth and Safety Code section 25281 apply. (b) *Department'* means the 'County Health Services Y Separtment: . -'(c)*1- 0Director4 weans the Director of the County Health Services Department. . Card. 90-7.-=S 4-) 450-6.210 Administration. The Department is the •local qpency,• as said term is defined in Health and Safety Code ' ssctLon 25281, responsible for the administration, implementation mad enforcement of the provisions of Health and Safety Code Ckapter 6.7. and this chapter. CDrd. 9 0:122 S 4.) Article 450-6.4 Reguirements 450-6.402 Additional Permits. No person shall repair or make any modifications to an underground storage tank without a permit therefor issued by the Department. The permits required by this section*are in addition to'the permit' regnired by Health and Safety Code section 25284. (Ord. 90-1,US 4.) 450-6.404 peliverv. No person shall -deliver any product to as underground storage tank unless the Department has issued.& permit for its operation to the owner. and said permit has not expired.or been revoked. 'Upon request by any person, the owner ec operator of -an underground' storage,:tank shall allow inspection of-the permit. (Qrd. 90-.1225 4.) 450-6.406 Fencing, No person shall leave unattended any excavation over three (3) feet in depth, associated in any way %dth an underground storage tank without erecting a'-fence adequate to prevent persons or animals from falling into the excavation. (PnL 90-= S 4.) Article 450-6.6 Permit Revocation or Modification 450-6.602 Grounds for Revocation. In addition to the ids set forth in Health and Safety Code section 25285.1, a permit issued pursuant to Health and Safety'Code section 25284 may be revoked for the following reasons. (a) a'onpaym6kt of=any fee imposed by the Board of - Supervisors to implement, administer•or enforce Health and Safety Code Chapter 6.7. (b) Violation of any requirement or regulation set forth in -Sealth and Safety Code Chapter 6.7, regulations adopted thereunder, or this chapter. (Ord-.-•90-122 S 4.) ORDINANCE N0. (10-122 2 450-6,604 procedure. A permit may be modified or revoked by the Director,. or his designee, if grounds exist for such I:• modification or revocation. j i� Prior to any-modification or revocation, the owner and operator shall be given written notice of the intended action, and shall have 15 days from the notice to request a hearing. The notice of intended action shall be provided by personal delivery or first class mail, postage prepaid. Notice is deemed provided on the date of•personal delivery or, if mailed, three days after the date of mailing. i If a hearing is requested, the hearing shall be heard by the Director or his designee, pursuant to the procedures in section 450-6.804. (Ord. 90-;;L21 s 4.)• i Article 450-6,8 Appeals I 950-6,802 Appeals. Any. decision relative to permits may be appealed to the Director. Any such appeal shall be in writing, shall state the- specific reasons therefor and grounds asserted for relief, and shall be filed with the Director not later than fifteen days after the date of service of the decision being appealed. Ifian appeal is not filed within the time or in the manner prescribed above, the right to a review of the action against which complaint is made shall be deemed to have been waived. i (Orris. 90-122 S 4, 83-68.) 450-6.804 Appeal Hearing. If an appeal is filed withinithe time and in the manner prescribed by section 450-6.602, or a 11 rhearing is requested within the time and ifi the manner prescribed by section 450-6.604, the Director or his designee shall promptly set the .matter for hearing. Written notice of the time, date' and place of the hearing shall be mailed to' the appellant not later than ten days preceding the date of the hearing. During the hearing, the burden of proof shall rest withithe appellant. The provisions of the California Administrative Procedure Act (commencing at section 11500 of the Government, Code) shall not be applicable to such hearings, nor shall foimal rules of evidence in civil or criminal judicial proceedings be applicable. Written statements by a county officer or employee, an officer or employee of the state of California, or an officer or employee of any law enforcement or fire protection agency; acting in the course and scope of his or her employment or official duties may be accepted as evidence that such fact(g) or conditions(s) do or do not exist. At.the conclusion of the ; hearing,'the Director or his designee shall prepare a written decision which 'either grants, conditionally grants or denies the appeal, and contains findings of fact and conclusions. They written decision shall be mailed to the appellant. (ands. 90-122) S 4, 83-68.) 450-6,806 ;Einality of Determination. The written decision + rendered pursuant to section..450-6.804 Aha]Xl _the .final decision of the Director and" is effective upon the date of"i mailing. (Ords. 90-122 S 4, 83-68.) SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. j ORDINANCE NO. 90-122 ! 3 i I PASSED on. December 18, 1990 , by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden TOES: None ASSENT: None , ABSTAIN: None ATTEST: -PHIL BATCHELOR •'r _^e:•t Clerk of the Board of Supervisors and County Administrator By t Deputy _ Chairpe son of the =:Board LTF/jh (August 10, 1990) .1•t 11.• ... • �_ _ ..:H .. .lei!: to n rn ORDINANCE;NO._ 90-122 4 f I I I I I I PERMIT REVIEW TIMELINE FOR NEW PERMIT Days Total Days Per Task Division receives application and SWRCB forms A,B,C,two sets of plans, and program fees. i' I 30 30 Division reviews plans & applications for completeness. 35 5 Division approves plans & applications;or requests additional information. Information entered into database. i 40 -- 5 Field inspection for tank & piping installation and monitoring equipment. j 1 - 70 -- 30 Permit issued automatically from computer program. i i I I i i I ATI'ACI-IN= X I PERMIT MODIFICATIONS FOR CHANGE IN FACILITY OPERATIONS Days Total Days Per Task ttO Division receives updated SWRCB Forms A & B. { 30 30 Division staff review forms for completeness. 40 10 Changes noted on permit face and in the database. PERMIT CHANGES FOR UST PIPING, MODIFICATIONS, REPAIRS, UPGRADES Days Total Days Per Task 0 Division receives new SWRCB Forms A & B, two sets of plans and program fees. 30 30 Division reviews applications & plans for completeness. 60 30 Field inspection of modification, repairs, upgrades. 70 10 Changes noted on permit face and in database. PERMIT RENEWAL Days Total Days Per Task O Division receives SWRCB Forms A &B, within sixty days of permit expiration. 30 30 Division reviews forms for completeness. Automatic billing generated by computer. 60 30 Renewal permit issued automatically by computer. PERMIT TRANSFER.,, Days Total Days per Task 0 Division receives completed Form A 10 10 Division reviews application for completeness. 30 30 Changes noted on permit face and in database. ATTAC MM XI i - i Contra Costa County i - �� Health Services Department ENVIRONMENTAL HEALTH DIVISION .`f HAZARDOUS MATERIALS/OCCUPATIONAL HEALTH PERMIT FOR: Piping modification ($330/site) — Tank modification, repair or lining ($260%tank) — Tank installation (See attached fee schedules) SITE ID: i I I ' I. SITE NAME & ADDRESS PHONE NO. II. APPLICANT: CONTACT: PHONE: I III. DESCRIPTION OF WORK: CONTRACTOR: DATE PLANS RECEIVED: APPLICATIONS: FEES: $ DATE APPROVED: BY: _ COMMENTS: PLANS RETURNED: DATE: IV. FIELD INSPECTION (To be completed by Inspector) HOLIDAY TEST DATE INSPECTED: '– BY: — I — VACUUM VERIFICATION DATE INSPECTED: BY: _ AIR TEST DATE INSPECTED: BY: — AIR TEST DATE INSPECTED: BY: FINAL DATE INSPECTED: BY: i .. PRECISION TANK TEST PERFORMED BY: DATE: SIGNATURE VERIFIES SUBMISSION OF TEST REPORT TO CCCHSD PRINT NAME/DATE SIGNATURE INSTRUCTIONS Complete Sections I through III. Submit with appropriate fees, application forms, and two sets of plans. Your 'popies of the permit will be returned with approval plans. Permit must be kept on-site for sign off by a health inspector and precision tank tester. Upon .completion of required inspections and documentation, submit white copy to CCCHSD for issuance of operating permit. I i 4333 Pacheco Boulevard . Martinez, California 94553 - (510) 646-2286 P1:1.7 7/93 ! ATI'AC HM= XII Contra Costa County Health Services Department ENVIRONMENTAL HEALTH DIVISION HAZARDOUS MATERIALS f OCCUPATIONAL HEALTH. October 12, 1995 Dear Underground Storage Tank Owner/Operator: The enclosed document(s) is/are your new Underground Storage Tank (UGT) permit. This/these permit(s) should be kept on the premises of ,--the UGT facility, with the exception of remotely operated facilities such as telephone switching stations and radio relay sites. The enclosed permit(s) should be signed by the owner/operator on the "Permit Applicant" line. Please retain the white copies and return the PINK copies to: 4333 Pacheco Blvd. , Martinez, CA. 94553 . Please note that your operating permit(s) is/are issued for five years. You will be billed annually for UGT fees as set by the present County fee ordinance. Failure to pay fees constitutes grounds for permit revocation. Also, in rare instances a fuel supplier may request to see your operating permit before delivering fuel. County Ordinance gives the authorization to verify that an UGT is permitted before placing fuel in it and also make it a violation of County Code for any fuel supplier to deliver fuel to an unpermitted- tank. - If you have any questions, please call me at (510) 646-2286. Sincerely, Bruce Benike Underground Tank Program Manager sB:n PFX%u'r.BB ATTTACHM= XIII 4333 Pacheco Boulevard Martinez, Califomia 94553 • (510) 646-2286 I • i NEW INSTALLATION IAG SHEET - y _ '.vim_:.•^�.c'. iY: _ ''t:��- _ - -_.�M1e�`i.,:��333y��xTc':�ti'.-�,•f.y�;'A"_�,." -'_' .. .. - Fac�lity: 12 •moi•'t Qtya.cii.'s.r--vn wti _: ••� '' .tiSi- ��.e yr-..:;a; s:..r��:''3 a`'b'��'7s;Gi`i.� �. -i�`-v'x� _ - Oontractor: ;.i:Phone:'. I n�:.�;; ' _ 444 f itial/Date i;,y. ;:s`y . . Received: R 2 sets of'plans for neW'installailon _ ' Permit fees in the amount'of -.. Applications for -new tanks Returned: _ 1 set of. plans to contractor PIAN REVIEW RECORD - 6 Zx,-- -. .. ..,. Plans unacceptable because: V� " I Contractor contacted on ` - -' by letter ; ',Phone =•in.person date Plans acceptable: By: _- -date " signature. �,:_ :J.=� .Comments:. :!�::'�. _fix.#"..�• ' :�'�=0��3�'s:i4'i ;� -";�? - 4� _ __ :.w: ;:�� ,'i. JF� `1? FnirtW. h3fi : `S • - - _ . x.;r a..-.c'.i C'yc C>r - _.:— - -- 4. ^' '',i a..:.moi- .... « . .. c, -•:.+•a--;� - r+...�"5�i�� r :�' +:�^.+.>-,c c' .tc -? rir_1. ti '. .€.k,U.t�p!'„�'�R,cai.- st<-r-may,�. y �''�iFti i� i. .. - :. Tank`adde$ to database Fees paid added"to database: i i N�u+sr_ucr � 44 I � ATTACHA="XIV I PERMIT NO. UG OrJ � c4 Costa HEALTH SERVICES DEPARTMENT ENVIRONMENTAL HEALTH DWISIONcoumy SITE ID 4333 PACHECO BLVD.,MARTINEZ CA 94553 (510)646-2286 PERMIT TO OPERATE UNDERGROUND STORAGE TANK ❑ 5 YEAR ❑ AMENDED {; DATE ISSUED DATE EXPIRES 1. OWNER II. FACILITY PHONE PHONE IIL UNDERGROUND TANKS SUBSTANCE MONITORING YEAR CONTAINER ID# CAPACITY CONTAINED ALTERNATIVE INSTALLED _ I V. REINSPECTION DUE TANK TEST DUE V. THIS PERMIT REQUIRES COMPLIANCE WITH CALIFORNIA ADMINISTRATIVE CODE, TITLE 23 WATERS, CHAPTER 3 WATER RESOURCES CONTROL BOARD, SUBCHAPTER 16 UNDERGROUND TANK REGULATIONS. SIGNATURE OF OWNER/OPERATOR EVIDENCES KNOWLEDGE OF REQUIREMENTS. PERMIT APPLICANT ISSUING AGENT •FAILURE TO PAY THE ANNUAL OPERATING FEE AND/OR PENALTIES APPLICABLE TO THIS PERMIT MAY RESULT IN REVOCATION OF THE PERMIT. •CHANGE OF OWNERSHIP MUST BE REPORTED IMMEDIATELY. ATTACHM= XV •THIS PERMIT MAY BE REVOKED FOR CAUSE. •PERMIT FEE IS TRANSFERABLE. FACIL!TY THE BOARD OF SUPERVISORS Atli (1? OF CONTRA COSTA COUNTY, CALIFORNIA C. .,, ; 1995 Adopted this Order on ,June 27 . 1995 by the following vote: AYEgj. Supervisors Rogers, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: Supervisor Smith RESOLUTION NO. 95/30311 SUBJECT: Amending Itemized Professional and Service Rate Charges for Contra Costa County Health Services Effective July 1,1995. -- i The Health Services Department has submitted a recommendation to amend the schedule of itemized service rate charges and fees and restate unchanged rates for County Health Services adopted'ty Board Resolution Number 95/232 dated May 23, 1995. The County Administrator has reviewed and recommended adoption of this jproposed amendment. These recommendations have been considered by the Board and IT IS BY THE BOARD RESOLVED that an amended and restated schedule of itemized rate charges for the Health Services Department effective July 1, 1995, is established as follows: HOSPITAL INPATIENT I i Daily Rate for Routine ,Service Room and Board i i Pediatrics $ 788 Medical Ward $ 735• j Transitional Care Unit $ 735' Nursery Bassinet $ 522• Intensive Care $2,146' i Total Unit Rate I Obstetrics Fixed all inclusive @ Routine delivery $4,267 Routine delivery with tubal ligation $5,904 Prior or primary C-Section $9,632 @ Services included: 1. Medical/Social intake and orientation with Medical Social Worker. 2. Choice of Family Practice Physician a. all required lab&rk b. all required lab tests 3. Nutrition Class 4. Early Pregnancy Class 5. Labor and Delivery Care,including C-Section 6. Back-up consultation services for complications of pregnancy, labor and delivery (does not include transfer and care at high risk facility if necessary4or mother or baby). 7. Neonatal care,including nursery care and pediatric consuttation,if needed. 8. One PHN home visit. ! 9. One post-partum check with Family Physician, including birth control counseling. 10. Three return well-baby visits with Family Physician. j FaK Ct;zn�t I ATThCHM= XVI ENVIRONMENTAL HEALTH (cont.) HAZARDOUS MATERIAL SECTION—SERVICE FEES ILA.ZARDOUS MATERIAL AR2185 PROQRAM: These fees are applicable to the c2lendar year and are billed to the business in the fourth month following the dose of the calendar year. Fee structure for businesses required to submit a'Hazardous Material Business Plan'under Federal Sara Title fit Program and the California Hazardous Materials Release Response and Inventory Program(AB 2185). Hazardous Material Inventory Fees.- Number ees:Number of Employees Lbs. of Material Fee 0-4 >(A)<500K $ 183.00 5-9 <500K $ 340.00 10-19 and <500K $ 456.00 320 and < 10K $ 456.00' x20 and x 10K-<10oK $ 656.00 x20 and : t00K-<250K $ 1,705.00 x20 and :250K-<500K $ 3,194.00 NIA :500K-<2.5M $ 7,644.00 N/A x 2.5M-< 10M $ 15,058.00 N/A x 10M-<100M $24,659.00' NIA x 100M-< 113 $32,878.00 N/A : 1 B-<5B $41,097.00 N/A :5B $72,756.00 All marine terminals and tank farms with secondary containment storing greater than or equal to 10 million pounds of hazardous materials $20,659.00' All oil refineries and all Class 1 off-site hazardous waste disposal sites $72,756.00 (A) Quantity at any one time during the reporting year equal to,or greater than,a total weight of 500 pounds or a total volume of 55 gallons,or 200 cubic feet at standard temperature and pressure for compressed gas. Partial Year Ownership-New Owner/Operator. A Business Plan is required from a new owner/operator from the start of the business activity to December 31. An annual 44B2185 fee will be computed on the inventory of hazardous material listed in the Business Plan then prorated by the number of months covered by the Business Plan. Discontinuance or Sale of Business: Upon discontinuance or sale of a business,the owner/operator is required to file a Business Plan for the period between the ending date of the preceding business plan to the month in which the business activity ceased or the business was sold. The annual AB2185 fee will be computed on the inventory of hazardous material listed in the Business Plan then prorated by the number of months covered by the Business Plan. The fees shall be non-transferrable, non-refundable and set on a facility basis. 13 i i I_ i I ENVIRONMENTAL HEALTH (cont.) I HAZARDOUS MATERIAL AB2185 PROGRAM(cont.) I Additional administrative fees of 25%may be assessed for: I 1. Fail4e to respond to inquiries relating to compliance with these resolutions. 2. Late filing of business plans,beyond a 30-day notice of non-compliance. 3. Failure to pay the fee in a timely manner. I The administering agency reserves the right to adjust the fees dependent on total program cost and may adjust individual facility fees within the above schedule when I* Health Officer determines that the fee is not equitable based on health risk. - -- RISK MANAGEMENT PREVENTION PROGRAM IRMPPI i Pursuant to Health and Safety Code Section 255352, annual fees are established Ito be collected from each business which may be required to submit an RMPP pursuant to Health and Safety Code Article 2(Section 25531 et seq.). The fee assessed is based on the risk ranking assigned to the business as follows: i Risk Ranking Annual Fee Greater than 400 $15,600.00 200-400 $ 7,800.00 100-199 $ 3,900.00' 1-99 $ 780.00 0 $ 312.00' i I If it is determined that a particular business will not be required to prepare an RMPP (as explained in the RMPP exemption policy), the annual fee will be reduced to $65 to cover administrative processing expenses. - I To determine if a facility is exempt,there is a one-time fee of$500 per acutely hazardous material per process. i I 9 a business is a non-profit business,their fee will be 10%of the fee based upon'the business' risk ranking. For each.additional substantially identical facility,the business will be charged full price for the first facility and 10%of that fee for each additional facility. A delinquency charge of 25%`shall be assessed for failure to pay the fee within 30 calendar days following the date of mailing by the Director of Health Services. UNDERGROUND STORAGE TANX PROGRAM j Underground Storage Tank Annual Permit: (Tanks which do not have secondary containment and continuous monitoring equipment) Fees Descril2tion $120.00 Single tank of 1,000 gallons or less used solely in connection with the occupancy of a residence (a) First tank of 50,000 gallons or less i i I I Raw chane 14 ENVIRONMENTAL HEALTH(cont.) UNDERGROUND STORAGE TANK PROGRAM(cont.) tl4, $210.00 Basic fee for tank of 50.000 gallons or less $440.00 Each tank of 50,000 gallons or more (a) In addition to the basic fee,a surcharge of$125 is applicable on the tank at each site with or without secondary containment;which has the earliest installation date. Underground Storage Tank Annual Permit Installed After January 1. 1984: (Tanks which have secondary containment and continuous monitoring equipment) Fees Description $ 60.00 Single tank of 1.000 gallons or less used solely in connection with the occupancy of a residence (a) First tank of 50,000 gallons or less $170.00 Basic fee for tank of 50,000 gallons or less $300.00 Each tank of 50,000 gallons or more (a) In addition to the basic fee,a surcharge of$125 is applicable on the tank at each site with or without secondary containment;which has the earliest installation date. Underground Storage Tank Installation Plan Review and Ins ction: In addition to the applicable State surcharge prescribed by or pursuant to the law,the following fees shall be collected: Fees Description $450.00 New tank facility,first tank $ 90.00 Each additional tank Underground Storage Tank Removal.Temporaly Closure or Abandonment: Fees Description $120.00 Single tank of 1,000 gallons or less,located at a residence and used solely in connection with the occupancy of that residence $280.00 First tank at a site $120.00 Each additional tank Insoection and Plan Review for Piging Replacement or Modification: Fees Description $330.00 V Plan review and inspection of pipe replacement or repair, including the installation of overfill protection equipment and corrosion control devices Permit Amendment or Transfer. Fees Description $ 60.00 Permit amendment or transfer fee Underground Tank Modification. Repair or Lining Permit: Fees Description $260.00 Includes review and inspection not exceeding four hours of staff time 5 90.00 for each additional hour or traction thereof of staff time �s i .. i ENVIRONMENTAL HEALTH(cont.) LfNDERGROUND STORAGE TANK PROGRAM(cont.) I Contaminated Site Fee:' I ` _Fees Description $ 90.00 Each hour or fraction thereof of service delivered by the County Health Services Department in connection with the characterization or remediation of site contaminated by discharge of a hazardous substance,material or waste, if the owner,operator,or other responsible person in charge of the site requests assistance from the County or where an inspection or an emergency response is necessary to verify compliance with State and County regulations or to assure public safety $einspection or Time Use: i Fees Description $ 90.00 Each hour or fraction thereof of staff time provided shall be charged in the following cases: I a. More than one Inspection or two hours of onsite time is required in the case of tank removals b. More than two inspections or four hours of onsite time is required in the case of tank installations i c. More than one reinspection is required to determine compliance I d. Inspection, consultation or other services rellated to underground storage of hazardous substances or hazardous materials or wastes are provided and said services are not otherwise covered by this ordinance 12ocument Search: i Fees Description i $ 90.00 Each hour or fraction thereof of staff time shall bei charged to any consulting firm, realtor, lending institute or other commercial enterprise for services performed in complying with document research requests for these enterprises. Penalties: The following penalties shall be applied and collectible from parties responsible for the following actions: % Penalty i a) Failure to pay any fee in a timely manner 25%penalty b) Failure to file and report change in ownership j or operator of an underground tank(s) $500.00 These penalties are in addition to those that may be imposed under any other underground tank regulation. I IG I ENVIRONMENTAL HEALTH(cont.) INCIDENT RESPONSE _ Fees Description $ 90.00 Each hour or fraction thereof of service time delivered by the County Health Servioes Department in connection with the characterization or remediation of site contamination by discharge of a hazardous substance,material or waste, if the owner.operator or other responsible person in charge of the site requests assistance from the County or where an inspection or an emergency response is necessary to verify compliance with State and County regulations or to assure public safety. This includes re_sportses to illegal drug labs. $135.00/$180.00 In addition to the regular hourly rate,a charge for overtime 1 (1-12 or 2 tunes the regular hourly rate)as.applicable and for the cost of emergency vehicles used in connection with the remediation of site contamination EMERGENCY MEDICAL SERVICES AGENCY Emegengy Medical Technician(EMT-1) Fee Certification $15.00 Recertification $15.00 Lost/Stolen Credit Card $10.00 EmergengKMedical Technician-P(Paramedic) Certification and Accreditation $50.00 Recertification and Reaccreditation $40.00 Certification or Recertification Only $35.00 Mobile Intensive Care Nurse(MICN) Authorization $25.00 Reauthorization $20.00 WAIVER: The Health Officer or his designee may waive any of these fees in any individual case in which he determines that the advancement and protection of the public health will be better served thereby and that these considerations outweigh the County financial interests in collecting the fee. FEE AMENDMENTS: The Health Services Director or his designee n'my increase or decrease as needed,any specific fee by not more than 10%during the next twelvemonth period,except those fees set by Federal/State statute or regulation shall be effective concurrent with the date specified in the applicable statute or regulation regardless of the amount of increase or decrease. The Health Services Director or his designee is authorized to adjust, waive or compromise the fee amount in those cases in which he determines that it is cost effective to do so. :mg 1 safew cef"ow eft1.M•fto end ON W copy of Ori County Administrator of "u"Uun end onter d on tm nttrwbw of VW g tY bo.ro w .aIi on a,.aa..I*.. cc: Health Services Director ArresrM. Health Services Administration PHIL OMCHELM Clark of Ow ec.ro County Counsel County Auditor Contact: Patrick Godley (370-5005) er oY 17 i I ' • j COUNTY OF CONTRA COSTA HAZARDOUS MATERIALS DIVISION j 4333 PACHECO BLVD. MARTINEZ, CA 94553 (510) 646-2286 I UNIFORM PROGRAM BILLING FORM Transaction Date: 06/01/95 Due Date:j07/01/95 Terms: Net 30 Invoice: #4941369 I I P.O. No: 43820 Bill to: Site Location: BAYVIEW OIL COMPANY BAYVIEW OIL COMPANY 675 Clayton Road 675 Clayton Road Concord, CA 94523 Concord,! CA 94523 Item ID Description Qj-V UM Pu ice Extension 931661 1994 Business Plan AB 2185 Annual Fees 1.00 340.00 340.00 941728 1994 HazMaterial Generator Report Fee 1.00 160.00 160.00 951886 UGT Dbl. Wall Tank First Tank 43820-1 1.00 295.00 295.00 951886 UGT 3 Additional Tanks 43820-2,3,4 3.00 170.00 510.00 951886 Annual Surcharge Fee 6/1/95-5/31/96 .1.00 152.00 52.00 960104 Risk Management i Prevention Program 1.00 650.00 650.00 j , Subtotal 2,007.00 --------------------------------- Total ------ ------------------------Total Invoice: 2,007.00 Net Due 2,007.00 UGT Fee Period 6/1/95-5/31/95 I j ! ATTACIZ= XVII 1 _CONTRA COSTA COUNTY ENVIRONMENTAL HEALTH/HAZARDOUS MATERIALS PROGRAMS STAFF EMPLOYMENT STAFF/TITLE/EXPERIENCE: STAFF MEMBER: POSITION/TITLE YRS. OF EMPLOYMENT Gabe,Adebiyi Occ Health Spec. 11 Bill Alton RMPP Specialist 1 Paul Andrews Occ. Health Spec. 5 Bruce Benike Occ. Health Spec/ UST Program Coord. 13 Laura Brown RMPP Specialist 3 Hank Bunczewski Occ. Health Spec. 7 Caryn DiLelio RMPP Specialist 3 Maria Duazo Occ. Health Spec. 4 Jim Gallagher Occ. Health Spec. 13 Jim Hattum Occ. Health Spec./ Incident Response Coord. 7 Sandy Hollenbeck RMPP Specialist 6 Dena Hutchin Occ. Health Spec. 7 Eric Jonsson Occ. Health Spec. 5 Sonny Khoo Occ. Health Spec. 5 Greg Lawler Occ. Health Spec. 9 Sue Loyd Occ. Health Spec. 4 Roger Lewis Occ. Health Spec. 10 Steve Morioka OHS/HWG Program Coordinator 4 Charles Nicholson Occ. Health Spec. 4 Andy Parsons Occ. Health Spec./Business Plan Coordinator 4 Lewis Pascalli Manager/Deputy Director 3 Neil Price HazMat Technician 4 Randy Sawyer RMPP Speciaist 3 Rosemary Walsh Occ. Health Spec. 4 Elaine Wilson Occ. Health Spec. 7 ATTTAM= XVIII i JOB DESCRIPTION March 1981 Contra Costa County Revised & Retitled: May 1990 t� DEPUTY DIRECTOR OF ENVIRONMENTAL HEALTH-HAZARDOUS MATERIALS DEFINITION: i t Under general direction, plans, organizes and directs the Hazardous Materials Program in the Environmental Health _Di:v.isilon of the County Health Services Department; supervises subordinate staff; provides technical guidance and training to staff, County agencies, private businesses; and performs related work as required. DISTINGUISHING CHARACTERISTICS: This single position class is responsible for managing the Hazardous Materials Enforcement Program. -Program activities include monitoring hazardous materials handlers, conducting hazardous materials risk assessments and reduction planning, monitoring underground tanks, storing hazardous materials and monitoring hazardous materials and monitoring hazardous waste generators. This class is distinguished from Occupational Health Specialist and - Hazardous Materials Specialist in that the latter perform primarily field enforcement, monitoring, surveillance, evaluation and investigation work and report to this class. TYPICAL TASKS: Formulates and updates policies and procedures for the Hazardous Materials Enforcement Program; establishes and evaluates occupational health standards; oversees compliance with various legisliative mandates primarily the California Administrative Code and the California Health and Safety Code; monitors hazardous materials handling facililties through reports of inspections; oversees the conduct of health risk assessments for facilities handling defined types and amounts of hazardous materials; reviews development of facility health risk reductionplans and monitors compliance to minimize waste production; supervises the inspection of facilities with underground storage tanks containing identified hazardous materials; under agreement with the State, supervises inspections of facilities generating hazardous waste; determines priorities, assigns work and evaluates staff performance; prepares and reviews correspondence and reports; oversees field characterization, mitigation and cleanup activities associated with hazardous waste contamination, spills, discharges and releases; represents the Department in assigned area of responsibility,' as well as with other governmental agencies, labor, management and public; makes and secures recommendations for the prevention, elimination and control of environmental health hazards; participates with private industry in planning and coordinating meetings and facilitating professional associations; oversees the collection, retentioniand analysis of data relative to hazardous materials enforcement; identifies training needs and develops training plans; reviews land use plans and environmental impact reports for evaluation of air, water and soil contamination and other potential impacts on the public. I ATTACI-Z N7, XIX MINIMUM QUALIFICATIONS: License Required: Valid' California Motor Vehicle Operator's License. , Education: Possession of a baccalaureate degree from an accredited college or university with a major in industrial engineering, chemistry, a physical or biological science, or in a curriculum recognized as being qualifying toward certification by the American Board of Industrial Hygiene. Experience: Five years of full-time experience or. its equivalent in a professional or technical position in a hazardous materials enforcement program which included responsibility for identifying, evaluating and _controlling health hazards in .the community, at least two years of which must have been in a lead, project management or supervisory capacity. Substitution: Possession of a master's degree in occupational health,_ industrial engineering, industrial hygiene, or closely related field from an accredited college or university may be substituted for one year of the . required general experience. KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of state and federal rules and regulations governing public health, environmental health, occupational health, industrial hygiene and hazardous waste management programs; knowledge of the complex phases of biological , chemical , physical , engineering and toxicological processes including effects, evaluation and control measures; knowledge of industrial hygiene equipment and test instruments; ability to plan, organize and direct the work of a professional staff; ability to propose, evaluate and promote occupational and environmental health standards; ability to investigate, evaluate findings, and make recommendations for the elimination or control of hazardous or undesirable environmental conditions; ability to establish and maintain liaison with federal , state and local agencies and with labor, management and public interest groups; ability to communicate effectively; ability to analyze and interpret statistical data related to occupational health; ability to prepare clear and concise reports. Class Code: VCDE Formerly: Hazardous Materials Program Manager a i JOB DESCRIPTION The job titles within the Division that describe duties involved with any of the five program elements are as follows: OCCUPATIONAL HEALTH SPECIALIST - Required to pel orm occupational and environmental health investigations, evaluate findings and recommend corrective action where health hazards have been identified. Ability to conduct surveys and assessments of occupational and community environments. Knowledge required of public health anId industrial hygiene; State and Federal laws and regulations; field equipment and monifonng. This.class is distinguished from Hazardous Materials Specialist in that it builds upon and expands the duties of the HMS to include occupational health and safety, industrial hygiene and toxicology. HAZARDOUS MATERIALS SPECIALIST - The primary duty is to conduct inspections of business and industrial facilities that generate hazardous waste, use underground storage tanks to contain hazardous materials or handle hazardous materials that are reportable under Federal and State statutes. Must prepare reports, evaluate findings andmak recommendations for the elimination or control of environmental hazardous conditions. Must conduct field investigations including sampling, chain-of-custody and health and safety procedures . May also participate as a member of the Incident Response Team during hazardous material incidents within all county areas. HAZARDOUS MATERIALS TECHNICIAN - Performs a variety of technical assistance to the Division and to county-designated petroleum refining and chemical manufacturing facilities that handle acutely hazardous materials, with regard to the development of risk management and prevention programs. Reviews and critiques design, operations, and maintenance procedures for handling acutely hazardous waste. Reviews and critiques facilities' Offsite Consequence Analysis. Reviews facilities RMPP programs. .Assists Division with problem-solving in situations which require the expertise of a chemical engineer. Provides technical assistance to the Hazardous Materials Programs in the investigation and review of incidents involving hazardous materials. i i i I i i i I I ATTACH = XX I TRAINING RECEIVED BY AND PROPOSED FOR DIVISION STAFF Environmental Permitting -- U.C.D. Extension Hazardous Waste Regulatory Review and Update — UCD Quantitative Analysis and Practical Laboratory Techniques -- UCD Sampling Strategies and Techniques for Contaminated-Soils — UCD Air Quality Sampling and Analysis (UC BERKELEY) Packaging and Transport of Lab Samples -- UCB"' UGTYegulatory & Technology Update --UCD"' Field Identification of Commonly Spilled Materials Using HazCat (TM)"' Chemical Compatibility for Hazardous Materials Management - - UCD"' Enforcing UGT Regulations --UCSC"' Ammonia Training -- Ammonia Institute"' Chlorine Training -- Dow Chemical"' Environmental Crimes Investigator-- District Attorney's Office' Hazardous Material Technician Certification — CSTI"' Hazardous Material Specialist Certification -- CSTI"' CEQA Step-by-Step -- UCD"' Field Monitoring & Sampling of Hazardous Materias -- UCD"' Health & Safety Instrumentation for Hazardous Materials -- DTSC"' Inspection Procedures for Facilities Containing Hazardous Materials - ABAG"' Annual Treatment, Storage & Disposal Refresher Course - UCB"' Safety Training for UST Inspectors - UCB and UCD"' Permit-By-Rule Compliance Procedures - UCR"' Principles of Toxicology - UCD"' *"Denotes classes already completed by Division staff UCD - University of California at Davis Extension UCB - University of California at Berkeley Extension UCR - University of California at Riverside Extension CSTI - California Specialized Training Institute ABAG - Association of Bay Area Governments DTSC - Department of Toxic Substances Control =ACS MT }u:I CONTRA COSTA, COUNTY ENVIRONMENTAL HEALTH DIVISION IA_ ',ARDOUS MATERIAL SECON 4+ 4333 PACHECO BOULEVARD MARTINEZ, CA 94553-2299 TEL.1646-2286/313-6110 I DATE THIRD PAST DUE NOTICE BUSINESS PLAN/AB2185 !FEE I THIS IS THE THIRD NOTICE SENT TO YOU REGARDING YOUR DELINQUENT BUSINESS PLAN/AB2185 FEE. WE MUST INFORM YOU THAT UNLESS YOU REMIT PAYMENT IN FULL THIRTY (30) DAYS FROM THE DATE OF THIS NOTICE YOU WILL LEAVE US NO OTHER ALTERNATIVE BUT TO PURSUE THE COLLECTION OF THE FEE AND PENALTIES THROUGH WHATEVER SOURCES AVAILABLE TO US. THIS IS YOUR FINAL NOTICE: : : THE ENVIRONMENTAL HEALTH DIVISION NOR THE COUNTY HEALTH DEPARTMENT WILL NOT NOTIFY YOU BEFORE INITIATING LEGAL OR ADMINISTRATIVE ENFORCEMENT PROCEEDINGS. I i SITE ID# NAME 'OF COMPANY ADDRESS { I fw3rdltr I i ATTACfzlE.T' XY---L CONTRA COSTA COUNTY ENVIRONMENTAL- HEALTH DIVISION HAZARDOUS MATERIAL SECTION 4333 PACHECO BOULEVARD t. MARTINEZ, CA 94553-2299 TEL. #646-2286/313-6108 THIRD PAST DUE NOTICE UNDERGROUND TANK PROGRAM This is the third notice sent to you regarding your delinquent Underground ,Tank permit fees. We must inform you that unless you remit payment-in-full by May 20, 1994, our intent is to revoke your permit in 30 days as provided under Section 450-6 . 602 of Ordinance 90-122 . Under the same provisions for the revocation of a permit, you have 30 days from the date of this notification to request a hearing. To illustrate the importance of this action, any operator of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5, 000) for each underground storage tank for each day the system is operated without a valid permit. - The County Health Department, under Section 450-6 .404, can also restrict the delivery of any products to an underground tank system that does not have a permit or if the permit has been revoked. This is your final notice. The Department will not notify you before initiating legal or administrative enforcement proceedings, including permit. revocation proceedings. c;� sTa NA\ 3 :PU411 ATTACH= ':III i I , I TABLES I .I I i Enumerations/Demographic Information . . . . . .. . . . . . . . . I. . . . . . . . . . . . Table 1 Summary of Program Activities (FP 1992-93) . ,. . . . . _ . . . . . . . Table 2A Summary of Program Activities (FY 1993-94) . . . . . . . . . . . . . . . . . . . . . Table 2B Summary of Program Activities (FY 1994-95) . . . . . . . . . . . . . . . . . . . . . Table 2C Summary of Program Activities (FY 1995-96) . . . . . . . . . . . . . . . . . . . . . Table 2D Time Allocation of Staff (FY 1993-94) . . . . . . . . . . . . . . . . . . . . . . . . . .Table 3A Time Allocation of Staff (FY 1994-95) . . . . . . . . . . . . . . . . . . . . . . . . . Table 3B I ' Time Allocation of Staff (FY 1995-96) . . . . . . . . . . . . . . . . . . . . . . . . . .Table 3C I Time Allocation of Staff (FY 1996-97) . . . . . . . . . . . . . . .I . . . . . . . . . . .Table 3D Training and Expertise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Table 4 Reporting and Auditing Requirements . . . . . . . . . . . . . . . . . . . . . . . . Table 5 i Requirements Reporting and Auditing g Requ a ents . . . . . . . . . . . . . . a . . . . . . . . . . . . Table 6 Surcharge Transmittal Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 7 Annual Single Fee Summary Report . . . . . . . . . . . . . . . �. . . . . . . . . . . . Table 8 Guide to Fragmentation, Adverse I Effects and Coordination and Consistency . . . . . . . . . . . . . . . . . . . . . . . Table 9 I I I I i i TABLE 1 ENUMERATIONS / DEMOGRAPHIC INFORMATION Jurisdiction: Contra Costa County PROGRAM NOF MANDATED APPLICANT AGENCY BUSINESSES INSPECTION INSPECTION TO FREQUENCY FREQUENCY INSPECT Total N of all l regulated businesses 2,103 a ,.,: z;: ::;> :.,,,. .� ,. zx : UST Sites At least Every Two 788 once/3 yr. (2)Years CCCOEH Total N'of USTs 1,756 SPCC �...u•::::.a �.�6'' SPCC 218 N/A Every Two (2)Years CCCOEH RWQCB HMMP 1,561 N/A Every Two (2) Years CCCOEH BAIRRP At least 1,561 once/3 yr. Every Two (2) Years CCCOEH PBR At least Every Two (2) 11 once/3 yr. Years CCCOEH CA At least Every two (2) 11 once/3 yr. Years CCCOEH CE At least Every two (2) 105 once/3 yr. Years CCCOEH RMPP At least According to 120 once/3 yr. Regulation CCCOEH Generators No 1,347 mandated Every two (2) CCCOEH frequency I Years Regulatory Citations: T27, CCR Section 15150(e)(4) T27, CCR Section 15170(b)(1) T27, CCR Section 15200(b) T27, CCR Section 15200(f)(1)(A-C) T27, CCR Section 15210(b)(1)(F-H) 1 Q o o d �5 -•, G •- ° G. i C u C, ' M U a v O tn � N M C tt U d� co � H v _ H � 00 W I � U Z o d 'd d r, s� p, a o 1 oA Nd to•� ° p4 d6 > C� C� tn ' ;04 = ,, CL 000 U ei�n t W 00Cl � C d• a M c to > rn NON A Ci cw Q 3 0 Cl. °n .o a �' U w C? ° o c U En G a zn a w c a, o 00 N O N a a co (' •cd m N •� ! C y ry •�.rUyr T"' LYL•YL A •yrl �. en G] Q N r G � M �S Fes! H ;i U G {y rs U d w 5 e W L."} d E •> co a ce kn o •� Q a E Y Cfd �. EE 0 ch x 00 � C4 c� car cti `+- °' en G c coor4 Cd O cc Z az o N Gn 4? 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O N N � � U r d t, G -0[� d i7 .2 q Ey tG 00 00N 00 E O 0 Oq O o V •� C o* Q. y � p + h N N N W C p -14 .� c!I 'a v � � � 9 c E 3 ., m gg�a� 3 op 0000 r. N es y•> l7 7 � %n ti %n 00 r4 0E 8 00 V'1 %n 'D L •O O d y O O O O N N 0 PS fA to fA fn i R! U U U U i2"t as j�1 "1yt ,� N 0 til �d.. Oal U E C %if:91: R.w LU iV y un F- LL —u<l TABLE 4 CONTRA COSTA COUNTY HAZARDOUS MATERIALS PROGRuM TRAINING AND EXPERTISE Jurisdiction: Contra Costa County i i # STAFF WITH # OF YEARS EXPERIENCE RELATED TO ANY/ALL PROGRAMS I Job Title 0-2 Years 3-5 Years 6-9 Years 10+ Years Hazardous Materials Specialist Occupational Health 5 7 5.4 Specialist I RMPP Specialist 3 2 Hazardous Materials 1 Technician . Manager 1 A description of the job titles may be found in Attachments XIX and XX. 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TABLE 9 Guide to Fragmentation, Adverse Effects and Coordination & Consistency Less Fragmentation Coordinated & No Adverse Consistent Affects County as CUPA with no Meets Requirement Meets Meets PAs Requirement Requirement County as CUPA vv/ PA Meets Requirement Meets Meets who is existing IA Requirement Requirement County as CUPA ,%v/ PA Meets Requirement Meets Meets who is not existing IA Requirement Requirement City as CUPA, no PA, Meets Requirement Meets Meets has history of Requirement Requirement implementing all elements City as CUPA, no PAs, OK if 1 is yes OK if 3 is yes OK if 4 & 5 are no history yes City as CUPA vv/ County OK if 2 is yes OK if 3 & 6 are Meets as PA yes Requirement City as CUPA w/ non- OK if 2 is yes OK if 3 & 6 are OK if 3 is yes . county PA yes JPA as CUPA, no PAs OK if 1 is yes OK if 3 is yes OK if 4 & 5 are yes JPA as CUPA w/ County OK if 2 is yes OK if 3 & 6 are Meets PA yes Requirement JPA as CUPA w/ non- OK if 2 is yes OK if 3 & 6 are OK if 3 is yes county.PA yes IA = Implementing Agency 1. The Unified Program is coordinated and consistent throughout the county. 2. The administration of the Unified Program is consolidated for fees, permits, inspection and enforcement and policy. 3. There is a county-city agreement. 4. The Unified Program does not dismantle the county program. 5. The county does not protest. 6. The PA has a) an agreement in which coordination, consistency, authority and consolidation are apparent, b) capability and resources to perform the duties, c) a signed agreement, and d) H&SC Section 25404.3(d)(4) is met if the PA is managing any part of the fee system.