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Home My WebLink AboutMINUTES - 10221996 - D10 D.f® TO: BOARD OF SUPERVISORSCont a Costa FROM: HARVEY E. BRAGDON - DIRECTOR OF COMMUNITY DEVELOPMENT County DATE: OCTOBER 22, 1996 SUBJECT: PROPOSED MODIFICATIONS TO CONTRA COSTA COUNTY CODE CHAPTER 84-63 (LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS MATERIALS OR HAZARDOUS WASTES) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ACCEPT the report of the County Administrator, Director of Community Development, and the Health Services Director on further proposed modifications to Ordinance 96-20 and a "Stand-Alone" expanded Industrial Safety Inspection and Incident Prevention Ordinance; and, ACCEPT the report of the Director of Community Development on the status of the Planning Commission Hearing on proposed modifications to Ordinance 96-20; and, REFER the further proposed modifications to Ordinance 96-20 to the Planning Commission for report; and DETERMINE whether to DIRECT staff to proceed with drafting additional ordinance language for consideration and possible introduction FISCAL IMPACT Normal costs associated with ordinance text preparation and consideration by the County Planning Commission and Board of Supervisors. CONTINUED ON ATTACHMENT: ./ YES SIGNATURE.L( :2�V4 A ION OF BOARD ON APPROVED AS RECOMMENDED —OTHER VOTE OF SUPERVISORS I EBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Dennis M. Barry (510/335- 0) AT STED cc: Community Development partment (CDD) PHIL BATCHELOR, CLERK OF County Administrator E BOARD OF SUPERVISORS County Counsel AN OUNTY ADMINISTRATOR GMEDA Health S ices Director BY DEPUTY HEBOMB: s p161bo mat10.-22 Proposed Modifications to CCC Code Chapter 84-63(LUPs for Development Projects InvolvingHazardous Materials/Wastes Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS On October 15, 1996, after receiving the report of the County Administrator on the activities of the Advisory Committee on Industrial Safety and additional public testimony regarding alternative legislative approaches to fostering increased industrial safety for development projects involving hazardous materials and wastes, the Board of Supervisors directed staff to report on October 22, 1996 on the following matters: 1. Present the scope of an Industrial Inspection and Incident Prevention approach as both an exemption in the proposed modifications to Ordinance 96-20 and as a "stand-alone" ordinance; 2. Present additional proposed language to the proposed modifications to Ordinance 96-20 which would : A. Provide an exemption to the requirement for land use permits for major maintenance projects for facilities with sustained positive safety records; B. Provide a "sunset provision" or time limit to the effectiveness of the ordinance to replace Ordinance 96-20; C. Clarification that the use permit requirement for a damaged or destroyed facility applies only if 50% or more of the facility is affected; and D. Provide an exemption for a development project or major maintenance project for which construction has commenced prior to June 1, 1997, and is completed by January 1, 1998. 3. Present Reports from the Planning Commission and the Hazardous Materials Commission on the proposed Modifications to Ordinance 96-20 and related matters. On October 1, 1996, the Board took testimony on the proposed modifications to Ordinance 96-20. Supervisors Smith and Rogers expressed preferences for certain altemative provisions presented in Attachment A to the October 1, 1996 report and recommendations from the Director of Community Development (Agenda Item D.12) For ease of reference, staff is again including that Attachment A to this Board Order, and is including suggested concepts and language and alternatives in the body of this report, below. The report of the Hazardous Materials Commission is provided under separate cover. Expanded Industrial Inspection and Incident Prevention In response to the request of the Board of Supervisors, staff has investigated the possibility of structuring either an additional exemption for facilities undertaking an expanded Industrial Inspection and Incident Prevention Program, as well as the conceptual basis for a "stand-alone" ordinance which would include such a program. In addition, representatives of the Good Neighbor Coalition have submitted a suggestion for such an exemption. These are presented and discussed below. PL61bo\hazmat10:22 Proposed Modifications to CCC Code Chapter 84-63 (LUPs for Development Projects InvolvingHazardous Materials/Wastes Page 3 Staff discussed adding an exemption to section 84-63.604 which would contain the elements of an expanded inspection/prevention program: 84-63.604(g) A major maintenance project at a facility which has requested from the Health Services Department (HSD) their participation in, and funded and otherwise assured completion of an expanded industrial inspection and incident prevention program consistent with the following Review/Inspection/Auditing Protocol to address ongoing safety of industrial operations: HSD, at their option, may select an outside consultant to act with them in conducting a review, audit, and inspection of the stationary source. Any such outside consultant would work under the direction of HSD and would be paid for by the stationary source. HSD shall have review, auditing, inspection, and enforcement oversight of the items delineated below: 1. Stationary Source Requirements A. Process Hazards Analysis - Process hazards analyses are required for every process unit at a stationary source. The process hazards analysis shall be performed for each chemical or mixture within the process unit. The stationary source shall resolve and complete all actions and recommendations specified in the Process Hazards Analyses in a timely manner after completion of the process hazard analysis, but in no case the later of: one year following the certification of the RMP for actions and recommendations that do not require a plant shutdown, the first scheduled plant shutdown subsequent to one year after certification for actions and recommendations that require a shutdown, or a schedule agreed to by the Department. B. Root Cause Analysis - Root cause analyses are required for each incident at a stationary source. If the stationary source has not had a hazardous materials incident in any calendar year, the stationary source shall select at least one incident from the stationary source's records for that year to perform a root cause analysis. C. Initial Report - Within 90 days of adoption of this ordinance, each stationary source shall submit to HSD an initial report delineating the source's planned schedule for development and implementation of the RMP. The report shall include an anticipated schedule of process hazards analysis for process units covered under this ordinance. The report shall also include anticipated implementation dates for action items resulting from process hazards analyses studies completed prior to the date of the initial report by the stationary source. (Note: Process Hazards Analyses previously completed that satisfy the Process Safety Management Standards and that cover all chemicals within a process unit are acceptable for the purposes of this ordinance.) PMbo\hazmat t 0:22 D.10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 22, 1996, by the following vote: AYES: (Please See Below for Vote) NOES: ABSENT: ABSTAIN: SUBJECT: Proposed Amendments to County Ordinance 96-20 (Hazardous Materials/Industrial Safety) Reports from the Hazardous Material Commission, the Community Development Director, the County Administrator, County Counsel, and the Health Services Director regarding Ordinance 96-20 were presented to the Board of Supervisors. Following discussion among Board members, Chairman Smith invited comments from the public and the following persons addressed the Board: Mari Leeds, Shell & Tosco, 4721 Pleasant Hill Road East, Martinez; Jim Payne, Oil Chemical and Atomic Workers (OCAW) presented the Board with a proposed ordinance (the Clerk was not given a copy); Tom Adams, Contra Costa Building Trades Council, 651 Gateway #900, South San Francisco; Noriene Butterfield, Winton Jones Contractor,.Inc., Concord Crane & Rentals Company, 2310 Glendale Circle, Antioch; Winton Jones, President, Winton Jones Contractor, Inc., Concord Crane & Rentals Company, 1949 Arnold Industrial Way, Concord; Mike Vukelich, Contra Costa County Taxpayers, 3459 Fleetwood Drive, Richmond; Ron M. Lathrop, 45 Alhambra Creek Road, Martinez; Greg Feere, Contra Costa Building Trades Council, 935 Alhambra Avenue, Martinez; Julia May, Communities for a Better Environment (CBE), 500 Howard Street, Suite 506, San Francisco; Carol Youngman, Shell Martinez Refining Company (SMRC), 5534 Likins Avenue, Martinez; Stan Boren, Northern California Millwright Local 102, 200 Promenade Lane, Danville; Paul Garske, Martinez (no address given); John Sakamoto, Eichleay Engineers, Inc., 3096 Bernard Avenue, San Ramon; Tom Lindemuth, Hazardous Materials Commission, 501 Daisy Place, Pleasant Hill; Tim Michelson, 231 Montecillo Drive, Walnut Creek; Jeff Dodge, Oil Chemical and Atomic Workers (OCAW), P.O. Box 308, Martinez; Cathie Arenas, Shell, 270 Wildflower Drive, Martinez; Emmett R. Miller, 22 Chapel Drive, Lafayette; Steven Lincoln, Greater Concord Chamber of Commerce, 1111 Civic Drive, Suite 300, Walnut Creek; Doyle Williams, 1026 Crystal Court, Walnut Creek; Cecily Feudo, Oil Chemical and Atomic Worker (OCAW), 1579 Glazier Drive, Concord; Scott Anderson, Industrial Association, 2709 Mayflower Drive, Antioch; Brook Seymour, P.O. Box 711, Martinez; Bruce Robertson 3569 Larchmont Court, Fairfield; Ron Espinoza, Oil Chemical and Atomic Workers (OCAW), 305 Sunnyslopes Drive, Martinez. Page 1 of 2 D.10 All persons desiring to speak having been heard, the Board discussed the issues further and took the following action: 1. CONSIDERED the report from the Hazardous Materials Commission outlining its review of the proposed amendments to Ordinance 96-20 and the proposed Community Safety Assurance Ordinance; 2. CONSIDERED the report from County Counsel regarding potential liabilities concerning alternatives to Ordinance 96-20; 3. DIRECTED the County Administrator, the Health Services Director and the Community Development Director to amend Ordinance 96-20 as delineated by the Board today; 4. REFERRED Ordinance 96-20, as modified by the Board today, to the Hazardous Materials Commission and the Contra Costa County Planning Commission for review and report; and 5. DECLARED INTENT to introduce Ordinance 96-20, as amended, at the November 5, 1996, Board of Supervisors Meeting. Passed by the Board of Supervisors on October 22, 1996, by the following vote: AYES: Supervisors Rogers, Bishop and Smith NOES: Supervisors DeSaulnier and Torlakson ABSENT: None ABSTAIN: None The Board had further discussion and then took the following action: 1. REFERRED to the County Administrator, County Counsel, the Health Services Director and the Hazardous Materials Commission the proposed ordinance presented by Shell/Tosco and the proposed ordinance presented by the Oil Chemical and Atomic Workers; and 2. DIRECTED the County Administrator, County Counsel and the Health Services Director to report to the Board of Supervisors on these proposed ordinances at the November 5, 1996, Board meeting. Passed by the Board of Supervisors on October 22, 1996, by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None I hereby certify that the foregoing is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October22 1996 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator ®ristine pler, De uty Clerk cc: County Administrator Community Development Director - County Planning Commission (via CDD) County Counsel Director, GMEDA Health Services Director - Hazardous Materials Commission (via HSD) Page 2 of 2 TO: BOARD OF SUPERVISORS -_- -- FROM: Leslie Stewart, Chair Contra Hazardous Materials Commission Costa DATE: October 22, 1996 r.ro County SUBJECT: Report on the Hazardous Materials Commission review of proposed amendments to Ordinance 96-20 and the proposed Community Safety Assurance Ordinance. SPECM RBDUESTp)OR RBDOYYBiDAi BAarGROUND AND JUSTIFWATM RECOMMENDATION: The Hazardous Materials Commission recommends that you take the actions described below. I. Take the following actions regarding proposed amendments to Ordinance 96-20: 1. The addition of an "incident" factor in the project scoring formula [Sections 84-63.421; 84-63.1004; et al.]: The Commission recommended two options. 1) Use the state and federal Risk Management Program definition of incident (as in SB 1889) if the Board wants to include an "incident" factor immediately, or 2) Omit this amendment for the time being and review the nature and pattern of actual incidents to craft a definition tailored to local safety needs. 2. Reduction from 80 to 60 of the hazard score threshold at which a land use permit is required [Sections 84-63.806, et al.]: The Commission strongly recommends no change in the threshold score until an evaluation is conducted to determine the ture and risk of projects that would score between 60 and 80, and under 60. The Commission recomnds m the following language to cover certain projects about which r members 4- 06: `»» dl s`o t ar ` ori d Jori t Board e ers have expressed conce . Add to 8 63.8 ;:.....::.:.............;:.; .;;:.;:.;:.; .;:.;:.;:P::.;:.;:.;;:.:::;.: ereused: :::.:. .::r 3. The addition of major maintenance projects to the ordinance, and the Public Safety Agreement (PSA) as a way a facility can be exempt from the requirement for a land use permit for each major maintenance project [Sections 84-63.410(b)(2); 84-63.421.5; 84-63.430; 84-63.602; et al.]: The Commission recommends that 96-20 not be amended to include major maintenance projects and the associated Public Safety Agreements. 4. Determination of the hazard category of a mixture [Section 84-63.1016(1)]: The Commission recommends no change in the existing language. 5. The addition of a requirement to provide a baseline data summary and justification for the baseline years selected [Sections 84-63.424(d); 84-63.802]: The Commission recommends that the Board accept the proposed amendments. II. Acknowledge that the Hazardous Materials Commission has continued its review of proposed amendments to Ordinance 96-20 and of the Community Safety Assurance Ordinance to the Commission's meeting on October 24, 1996, and will report further to the board. CONTINUED ON ATTACHMENT: YES SIGNATURE: �\ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES): ACTION OF BOARD ON APPROVED AS RECOMMEN OTHER VOTE OF SUPERVISORS I HERE ERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact Person: Elinor Blake 370-5022 CC: Health Services Director ATTESTED Hazardous Materials Commiss' via HSD) PHIL BATCHELOR, CLER THE BOARD OF SUPERVISORS AND COUNTY NISTRATOR BY DEPUTY Board of Supervisors page 2 October 22, 1996 Hazardous Materials review of Ordinance 96-20 BACKGROUND: On June 25th, the Board of Supervisors adopted Ordinance 96-20, a revision of Ordinance 86-100. The revision was developed at the Board's request by the Hazardous Materials Commission. At that meeting, the Board noted that more has to be done to prevent industrial incidents involving hazardous materials. The Board referred a number of related issues raised in public hearings to the Ad Hoc Committee on Industrial Safety. Since that time, several proposed ordinances on the subject of industrial safety and amendments to 96-20 have come before the Ad Hoc Committee and the Board. On October 1, the Board directed the Hazardous Materials Commission to review and report to the Board on October 22, 1996 concerning the proposed Community Safety Assurance Ordinance and proposed amendments to Ordinance 96-20. The Board directed the Planning Commission to review and report concerning the amendments to Ordinance 96-20. The Board also appointed an Advisory Committee on Industrial Safety to meet, study, review and determine consensus recommendations on industrial safety and report back to the Board on October 15, 1996. The Hazardous Materials Commission held a special meeting on October 16, 1996, to conduct their review. The Commission heard a summary of the meetings of the Advisory Committee on October 7 and 10, 1996, and the Board and Planning Commission meetings of October 15. The Commission then began_its review of the two ordinances, and included comments from the public in its deliberations. The recommendations and discussion are summarized below. 1. The addition of an "incident" factor in the project scoring formula [Sections 84-63.421; 84-63.1004; et al.]. Commissioners agreed that there was promise in the notion of including some historical measure of incident prevention (or failure to prevent incidents), and that success depended on the definition of "incident." The Commission noted in particular that the County Notification Policy is a proven,successful and valuable public safety tool. The definition of "incident" should not create a disincentive for industry to continue its voluntary notification to the County, especially of incidents (and even situations that may presage incidents) that industry is not otherwise required to report. The Commission recommended two options to the Board. 1) Use the state and federal Risk Management Program definition of incident (as in SB 1889) if the Board wants to include an Incident factor immediately, or 2) Omit this amendment for the time being and review the nature and pattern of incidents to craft a definition tailored to local safety needs. This could be done as part of the one-year evaluation of 96-20; projects that have come in to the Community Development Department and incidents at those facilities could be reviewed to determine how best to define "incident" and establish a point range that would help promote safety. Alternatively, incidents in the recent past could be reviewed and considered against reasonably likely project scenarios,for the same purpose. 2. Reduction from 80 to 60 of the hazard score threshold at which a land use permit is required [Sections 84-63.806, et al.] i Commissioners affirmed that two ideas were prominent in the original selection of 80 as the threshold: 1) that the threshold correspond to a level of risk, with a significant margin of safety -- that is, the issue was not the number of projects covered, but rather the level of risk that a project might present; and 2) that the threshold be set at a level that provided an incentive for facilities to design projects that were lower than the threshold. Staff reported that at least one facility that submitted scoring materials to the Community Development Department had changed the project design to use a less hazardous chemical than in the original design, because that change brought the project score under 80. Commissioners fear that since the "80" threshold was set so conservatively -- out of a total possible score of 175 -- many projects could not be designed to score less than 60. The Commission strongly recommends no change in the threshold score until an evaluation is conducted to determine the nature and risk of projects that would score between 60 and 80, and under 60. The Commission also noted that lowering the threshold to 60 causes a public notice threshold (currently 70 points) to drop to 50 points. Since the suggestion to reduce the threshold was made in the context of concern by the Board that one or two specific large projects recently constructed would not have been covered, the Commission recommends the following language which would cover those and similar projects. A 4-6 . Determination non-coverage: d : ; Add to 8 3 806, of screx�f a development proet Board of Supervisors Page 3 October 22, 1996 Hazardous Materials review of Ordinance 96-20 3. The addition of major maintenance projects to the ordinance, and the Public Safety Agreement (PSA) as a way a facility can be exempt from the requirement for a land use permit for each major maintenance project [Sections 84-63.410(b)(2); 84-63.421.5; 84-63.430; 84-63.602; et al.]: Commissioners agree that there is a role for additional public participation, provided for in the PSA, and that some mechanism be considered for addressing it. The PSA is, however, still vague and insufficiently defined. There was general agreement that a land use permit may not be the only, or the best, approach to safety with regard to maintenance projects, and some concern that a PSA will still come under the California Environmental Quality Act, making the exemption insufficiently meaningful. The Commission recommends that 96-20 not be amended to include major maintenance projects and the associated Public Safety Agreements. 4. Determination of the hazard category of a mixture [84-63.1016(1)] The original wording appropriately describes how to make this determination, using Title 49 of the Code of Federal Regulation. Commissioners believe the proposed amendment is unnecessary and inappropriate, and resulted from a misunderstanding of the original language. The Commission recommends no change in the existing language. 5. The addition of a requirement to provide a baseline data summary and justification for the baseline years selected [Sections 84-63.424(d); 84-63.802]: The Commission recommends that the Board accept these proposed amendments. The Commission then turned to the proposed amendments to exemptions for emergency repairs but due to time constraints, adjourned the meeting to October 24, 1996, 4:00-6:00 p.m., to continue their review of this and other amendments to Ordinance 96-20 and to review the Community Safety Assurance Ordinance. The Commission will report to the Board on the results of that meeting. FISCAL IMPACT: None. Proposed Modifications to CCC Code Chapter 8463 (LUPs for Development Projects lnvoMngHazardous Materials/wastes Page 4 D. Accident History Report-Within 120 days of adoption of this ordinance or by September 30, 1997, whichever is later, each stationary source shall submit to HSD descriptions of all incidents involving hazardous materials occurred from June 30, 1995 through June 30, 1997. A hazardous materials incident is a major emission, fire, or explosion, involving one or more hazardous material that presents imminent and substantial endangerment to public health and the environment or an incident that may have posed an imminent threat to the public health, the environment, or property and that resulted in any of the following: (a) immediate action by the HSD which included an on-site response, (b) an explosion which caused process equipment damage, (c) a large fire which lasted for more than fifteen (15) minutes, (d) a release of a hazardous material that caused an off-site impact as determined by HSD, (e) a worker injury resulting in hospitalization, (f) a large uncontrolled release of flammable gases that could have resulted in a fire or explosion if an ignition source had been present. Incident descriptions shall include a description of the individual incident with the respective amounts of hazardous material released, the date of the incident, the estimated duration of the release, any employee injuries, illnesses, and any public injuries, illnesses, evacuations or notifications to shelter-in-place as a result of the incident. Provide a description of the contributing causes and the root cause of each incident and other pertinent findings of the investigation. (For hazardous material incidents that occurred prior to the adoption of this ordinance and for which root cause analysis was not performed, note this in the description of the incident.) Supply a list of mitigation measures taken to prevent similar incidents and the associated implementation dates of those measures. E. Written Management System - Within 150 days of adoption of this ordinance, each stationary source shall submit to HSD the source's written management system if a summary of the system has not previously been submitted to HSD (e.g., with the Risk Management and Prevention Program). 2. HSD Review, Inspection and Auditing A. HSD shall review, inspect, and audit the following elements: 1) Written Management System, 2) Process Safety Information, 3) Process Hazards Analysis and Resulting Action Items, 4) Operating Procedures, 5) Training, 6) Management of Change, 7) Pre-Startup Reviews, 8) Compliance Audits, PL6\bo\hazmat10.-22 Proposed Modifications to CCC Code Chapter 84-83(LUPs for Development Projects InvolvingHazardous MaterialsMastes Page 5 9) Incident Investigation,. 10) Employee Participation, 11) Hot Work Permit, 12) Contractor Safety, 13) Emergency Response and Notification Plans, 14) Mechanical Integrity Including: a) Review of QA/QC Process for Mechanical Inspections, b) Review of Protocols, c) Review of Calibration & Inspection frequencies, d) Review of Inspection Records. The review, inspection, and audit provisions under this section (section B (1)) shall be discontinued after June 21, 1999. B. HSD shall review, inspect, and audit the facility inherent safety considerations for in-place systems (design & operation): 1) Review for prevention of incidents or reduction in impact of incidents, 2) Review of specific design - (e.g., less inventory, fail safe systems, redundant systems, etc.). C. HSD shall review the stationary source's incidents: 1) Review facility incidents recorded with other agencies (e.g., BAAQMD, Cal-OSHA), 2) Review of loss control management policies, 3) Review of analysis and investigation techniques, 4) Review definition of root cause and review analysis of root causes of incidents, 5) Review site follow-up of action items resulting from the investigations, 6) Review information flow regarding results of incidents to & from employees and to & from similar facilities. D. HSD shall request input from the stationary source's labor- management safety committee. HSD shall (Check NLRB Issue): 1) Request member's input into the review, audit, and inspection, 2) Review minutes from committee meetings, 3) Interview Members, 4) Through the public participation process, provide for committee members' input on the review, audit, and inspection results. E. HSD shall review the stationary source's Public Participation Process: 1) Review of Program, 2) Meet with Community Advisory Panel, 3) Interview Members. 3. Public Participation Process PL6\bo\hazmat10:22 Proposed Modifications to CCC Code Chapter 84-63 (LUPs for Development Projects InvolvingHazardous Materials/Wastes Page 6 HSD and the stationary source shall: A. Provide for public input on inspection process, B. Provide for public input on inspection results including recommendations by HSD. IMPLEMENTATION OF AUDIT (scope): Each facility will allow HSD to audit, inspect, and review the facility for the issues above. The review, inspection, and audit may result in changes recommended by HSD as reasonably necessary to protect the public health and safety. All changes recommended by HSD shall be implemented by the stationary source unless a proposed alternative is a safer or a more appropriate alternative as assessed by HSD. The recommended changes shall be implemented as specified in Section A (1) above. Based on the review, audit and inspection, HSD shall issue the stationary source a notice of findings. The notice shall include a listing of required revisions or recommendations to the stationary source's programs or facilities and the basis for the revisions or recommendations. The stationary source shall respond to the HSD recommendations with a mitigation plan within 90 days of receipt of the notice of findings. This protocol could also be considered a framework for a "stand-alone" ordinance. The conceptual approach is that a facility which had requested the HSD's-participation in, and assured funding of such a program would be exempt from the major maintenance land use permit requirement. If the Board determined to use this approach as the foundation of a "stand-alone" ordinance, there would be no land use permit requirement for major maintenance projects in the first instance. Staffs principal concern with the "stand-alone" ordinance is that the County does not have the authority to compel a facility to grant permission to enter and inspect private property. The Draft conceptual framework of a "stand- alone" ordinance is included as Attachment B. Representatives of the Good Neighbor Coalition have submitted the following proposal with respect to the expanded inspection approach: 84-63-604 (g) A major maintenance project at a facility covered by a RMP in compliance with Section 112(r) of the Clean Air Act, its implementing regulations and State Health and Safety Code Chapter 6.95, Article 2, provided: (1) The RMP contains an offsite consequence analysis, 5-year accident history, a management system, a hazard assessment, a prevention program and an emergency response program for all processes which utilize more than a threshold quantity of materials and wastes classified as Hazard Category A or B under this ordinance; PL6\bo\hazmat10.-22 Proposed Modifications to CCC Code Chapter 84-63 (LUPs for Development Projects InvoMngHazardous MaterialsMastes Page 7 (2) The RMP has been reviewed and approved by the HSD within three years prior to the time the major maintenance project application is submitted to the Department; (3) The RMP includes any measure which the HSD has determined, after at least a 45-day public comment period, are reasonably necessary to make the RMP effective for the protection of the environment, public health or safety, and/or worker health or safety such as alarms, sensors, inspections, containment, fail-safe mechanisms and safety procedures; (4) The facility has been subjected to an annual audit by the Health Services Department to determine compliance with the RMP, PSM standards, and measures required by the HSD pursuant to subparagraph 3 above this subsection, and the facility has implemented all corrective measures required by the HSD; and (5) There has been an opportunity for any member of the public to obtain review of any determination by the HSD by the County Board of Supervisors. Staff review of this proposal revealed the following concerns: 1. The implementing regulations specified and the reviews of individual RMP's will not occur for a substantial period, perhaps until the year 2000. In the interim, almost all facilities will be required to obtain land use permits for major maintenance projects, in the absence of a public safety agreement, which the industries have consistently objected to due to CEQA applicability. 2. The threshold quantities referenced in paragraph (g)(1) are not set by the Department of Transportation for all listed materials. HSD staff indicates that a relatively small number of these hazard category A & B materials have thresholds listed. 3. HSD staff expressed a concern that determination of compliance with PSM standards, as well as worker health or safety are preempted by Cal-OSHA. 4. The determinations required by paragraphs 2, 3 and 4 indicate a broad exercise of discretion by the County, thereby raising the issue of CEQA applicability. This would seem to run counter to the request of Supervisor Torlakson in seconding the motion by Supervisor Desaulnier that staff "show how to weave the ministerial process" into the requested expanded safety review. Safety Record Exemption Supervisor Rogers requested that an added exemption be presented which would relieve facilities from the land use permit requirement for major maintenance projects where the facility had an exemplary safety record. The following text was submitted to the staff by the Good Neighbor Coalition. The submitted text modifies proposed section 84-63.421 to differentiate "serious incidents" from "major incidents" instead of the "incident" definition previously proposed. It also PL6\bo\hazmat10:22 Proposed Modifications to CCC Code Chapter 84-63 (LUPs for Development Projects InvolvingHazardous Materials/Wastes Page 8 proposes modification to proposed section 84-63.604(e), which incorporates the revised definitions above and would increase the time period of the safety record to qualify from the three years previously proposed to a five year period. 84-63.421 (a) "Serious Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the release of hazardous material or waste that may have posed in imminent threat to the public health, the environment or property and that resulted in any of the following: (1) A shelter-in-place direction issued to potentially threatened populations by the HSD or other public emergency response officials; (2) The evacuation of a school, or other public facility; (3) A large fire which lasted for more than 15 minutes or required fire suppression assistance from the local Fire Department; (4) An incident that required the assistance of the Petrochemical Mutual Aid Organization; (5) A release of hazardous material or waste that caused, pursuant to the facility's Emergency Response Plan, the facility to activate their Emergency Operations Center; and (6) Payment of a fine or civil penalty to the BAAQMD, the Regional Water Quality Control Board, or Contra Costa County. (b) "Major Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the offsite release of hazardous material or waste.that my have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: (1) The death of one or more persons, injury to one or more persons resulting in overnight hospitalization, or injury to 10 or more persons who were seen for medical treatment at a hospital. 84-63.604 Exemptions (e) A major maintenance project at a facility not covered by a Public Safety Agreement provided that the facility has neither had three serious incidents as defined in Section 84-63.421(a) nor any major incidents as defined in Section 84-63.421(b) within five (5) years prior to the time the major maintenance project schedule notification is submitted to the department. The major maintenance project must commence within six months of the notification. PL6\bo\hazmat10.-22 Proposed Modifications to CCC Code Chapter 84-63 (LUPs for Development Projects InvolvingHazardous MaterialsMastes Page 9 Staff has not been able to determine what the appropriate level of fines or civil penalties for such an exemption as specified in paragraph (a)(6) above might be. HSD Staff has expressed the concern that there is no direct relationship between fines from the agencies listed and a threat to the public, health, safety and welfare. Nuisances which are not a health concern would bar a facility from this exemption, regardless of the severity of the underlying activity leading to the fine. Supervisor Rogers has requested staff to check with the BAAQMD to determine if there is some level of fine in their schedule that corresponds to serious incidents. BAAQMD staff indicates that the complexity of the fine system may render this approach impractical, and expressed their willingness to confer with county staff regarding any facility's overall compliance. With respect to the proposed definition of"Major Incident", HSD staff expresses the concern that it could be extremelyr difficult to show a direct causality between the incident and the result. (e.g., If a person suffers a heart attack and dies after an event, did the event cause the heart attack?) Sunset Provision If the Board of Supervisors determines to include a "sunset" provision, the following could be inserted before existing section VIII: SECTION VIII. Sunset. Chapter 84-63 of the Contra Costa County Ordianance Code (as added by this ordinance) shall be repealed and of no further force and effect beginning on January 1, 2007, unless this Board otherwise provides before then. In addition, Supervisor Rogers requested an exemption for a project commenced prior to June 1, 1997 and completed prior to January 1, 1998: (h) A development project or a major maintenance project for which construction is commenced prior to June 1, 1997 provided that construction on the project is completed by January 1, 1998. Damaged or Destroyed Facilities Supervisor Rogers requested a clarification that a project damaged or destroyed would require a use permit only if 50% or more of the entire facility were destroyed or damaged. Modify Section 84-63.604(b) to read, in pertinent part: facility is destroyed or damaged. Planning Commission Hearing The County Planning Commission opened the public hearing on the proposed modifications to Ordinance 96-20 at a special meeting on October 15, 1996. Shortly after 11:00 p.m., the Commission determined to continue the hearing until October 29th, 1996. Additional Information was requested from staff regarding the Risk Management Plans and Process Safety Management. Staff will forward any additional referrals from the Board of Supervisors to the Planning PL6\bo\hazmat10:22 Proposed Modifications to CCC Code Chapter 84-63 (LUPs for Development Projects InvolvingHazardous MaterialsMastes Page 10 Commissions, and anticipates that a further continuance will be suggested to the Planning Commission meeting of November 5, 1996. PMbo\hazmatl 0:22 attachment A ORDINANCE NO. 96- 9 ' 1 id'' "Land Use Permits for Development Projects .....:.. G...................::................ .. P Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous materialt frr4he L 1 light indughial, W 3 comtrolled heavY industrial, amd 1 ' 1 heavy imdustrial land use , . This ordinance repeals Chapter 84-63 Pe P tn�r 3 'and adds a new Chapter 84-63 in its place. Articles 84-63.2, 843.4, 84-63.6, 84- 63.8, 84-63.10 and 84.63.12 of Chapter 84-63, as added by this ordinance, sets forth e 'Criteria for land use permits for development projects involving hazardous waste or hazardous material which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 . iddttx3at t saf> fy Viand use ppstx a ader $nge o development projects which could nd-adversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, is renumbered and readopted in its entirety as Article 843.14 y artce Fr2'0,: s SECTION 11. Chapter 84-63 of the County Ordinance Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92,-and 90-73,:404'.:96;20, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION Ill. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article R4-6'A_2 rapnpral ORD. 96- Proposed Revisions September 30, 1996 -1 - , • 1 ►, 1 U-63.202 Purpnge. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use permits for development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-20 § 3, 90-92, 86-100.) R4-63.204 Onnflict. This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-20 4 3, 86-100.) Arti .le R4-6I_4 Definitinns $4-63.402 Ganpral. As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-20 § 3.) R4-63.404 "RasPline Perind." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-20 § 3.) 84-63.406 "Change-in-risk nrniect." A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96-20 4 3.) R4-R3.40R "[C=ommercial __ggnparty." "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the following: regional commercial, airport commercial, office, and business park. (Ord. 96-20 4 3.) R4-63.410 "Development prniprt." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. ORD. 96- 30 Proposed Revisiorm September 30, 1996 -2- • r • 1 As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months. (b) A "development project" does not include: (1) Pipelines and related equipment more than 300 feet from commercial or residential property. Storage tanks pa are not related equipment. OR (1) Pipelines and related equipment more than 300 feet from commercial or residential roe . . j( 38d `°` QSuch property.rty :.:.:::::.. : ...:...::.:,. :......:.,:. .::::::.:,..:.:. : ..:... ... ......... '..}ii:^::•}:!•:i• :••.y•.:}>}iii::{ii{iiii:?viTi'^ii:i:i^iiiiii::.i}i'i•i:i:{;: i'is ...... ..:F .... .. ... .. .. .. .. 4 ...:vii}i'.i:ii'•i:i: [ ..... .. .... .4 .:i rs(v E s < S. u . : :cts: s ►( to t€ atn .....................,:..,:.......,..9 f::, .... P :.::..,.,..:........... _ .::...............::...:...........:::.,.,..............:,:.......,.::.....::.. ............ ....,.:, �i� i�. y .r.... 1 ;tip i� nl? : pr'ir s >�1rF1.�►. elate :;. msnt:dtes r�ot: r1Ud e sltora i::stota�QQ::::vsst i° es un!ts .ar ......i:..... i >:.:.:::.:.i:.i:.i:.>:v.i:.>s:.»>:.i:.i:.i:::.i:.>:.:>:.i:.i:.ii>:t:.>s:.:.>:.:.::.:.i:.>:iii+.:;.>:.:.:;.i:.i:.>:.i>:<n;.:.ii+;s:.:.:;. i:•ii:.::.•...;..;..s:.i:.i:.i:.::i.,.::.;:.i:.i:+.:.:.>:;.<;..:::.>:.: E: >t+� at..n . . . ki`i}iiiiiiii?J: ii:C:•i:: ,iiiia::::::i:i4}iii:::: terms::<< dmbuStcn ..... .... .::.: r. . :..::: . u� Wit...... aces ::::::bc ler. ►. .:.:......:....................... ...:::......... .... :P,... . . �. ::::i>:i<.,:i..........i.ii>i:.i:.:.::«.;;.:.;:<.:;;iii:;:.iii::.;:.i>i:.:;i:.i.::.:i.i::.::':: r :: »»> :. i E: : c€eratd.s ,....... trvreuer.:::::the : an_nnn.. m..n.. tric > •iai:;:.::::is::a::aii...... .::.:.::.iii:.i>:::ii»o->:.iii'.i::+..:..{. :,.:::;.i".::;.:: :::. r:a>'.::i:: .......;:•::;.>:;•.;•..iii::;;;::;::ii:;?;i:�..;.:.iiiix:•:;•�::i•iii;�.ux.. ...::• e re .. ,;m;r ,..:�r.......q. :...::.........::. :::. ... (2) Any project tr : 8 € vr ma1-11 € ee: ro�ec€ consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased. (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes .>:.:a:.:i>:.;•:.i:'>:.>i:;•::.:i.:::.:::.i:.i:.i:.iiii>::: .:.:.:.:.....iii:.:::.>::.:>s:.:;.:.ii:cii.>:a.:.: :;:>•>:<.: .::::::::::;:ni;•::::::;:: •.:.:.:.i•.::::;::•.i•:•:•;;:t:•i;.;ri;i:;i� i•>:t.::.i':.:i;:::...::.>::;:'<':>:.:;.>::::•i:;i«.••:::::ii;ci.: ..:. ... 6 t#3.<�>. '::::<..;.; `. .::. V....e:... :�k44T..4..:...:. .h�F... .� .... gi~aei.. n .::..:....: ..:.. ' ' refit....r.......... o u t"` a etc nt ant a s �n ar ............xtension r t +e`<un .1 VM... 't^X ii:ti.S4:.:•.:r.i:.i:: ....i'.:..Jy:iii}i::i:.?iii::l.:.isiitii<:�:ni::r,�.:.::.::::.:.::'.:.:::rf:..:.:v.:i�iii'.}::ryv{.:.::i:.;':.iiiii'::.•{.::i':•n:.iiiiv. ,.. .. ....... ... :.... {......... ......... ......... ....., scantcaa�te> v:» a> st..o .. .... e..0irecr> t.t .e OR (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposespflded t .:is i.;;:c;:.:::�:.;:.:;:::•i:•i:;:i:>'a::::"`:.i::.:•.»-.>i:.>:<::•.::.>::.<;;:•:;::<.:':r: �:.;..: ,:;::`.:;...::t: :i;ii:i;.«:.;;:i•. +.....: a......4...:b--::: :.,...:.... tp# ab ; r �tt b tvdn Ater a xmun , i sitane ': ><± -06"MI.The.Oir # ri :: e tit eve trt t anin$ •:::::::::::::::.::::::::::::::::::::::.:>•:.:::.,;.>:.:.i:.:4>i:;;<.:.-..........:;;::.»•.>:.>:.: :.i:.i........ :.:.:.::::.:::::;.ii:.::.i:.ii:.i:.>i:... :.:.;...:::.i;:::••: .... .. .........a.. ..a::iii:::::.i:.:;: ........� : . the t......: ......:.i. ..:....:.: .:....:}:.:.....4. .: i. ::::::yi;::i1L:;:L'.<.�...ry'.::.�:y:W;:nv:....:.:.::.::::_}.. .i:::i.:� .;... ••: :.......:.::: .: etvc. ha un� s tepq Oherwse, rid.uSe pertt w bs.r�equfred.:t c ;:beyor :this ) pec[ised abe.. ORD. 96-Lo Proposed Revisions September 30, 1996 -3- (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other government agency with jurisdiction over the project p .... . ....... .. ... ttdn>>h $> <> eB# ed»: rr .)eke:::>w# <:::c :<:: 8fas ::.:.. ...:::.:..::::. PI ..:...:..:.:.::::.::.:...,..:::::::::,:..,,:::: .:::,:::..,..:,,,,. The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.412 "Dispose." 'Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (Ords. 96-20 § 3, 86-100.) 84-63.414 "Fqtj8pmPnt," "Equipment" means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-20 § 3.) 84-63.416 "Facility.- "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right-of-way, as defined in section 1002-2.002 of this Code) under common ownership or control. (Ord. 96-20 § 3.) A4-63.418 "Ha7ardnuc material." "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-20 § 3, 86-100.) g4-63.420 "Ha7wdntm waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, ORD. 96720 Proposed Revisions September 30, 1996 -4- S concentration, or physical, chemical, or infectious characteristic may either: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. 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(Ords. 96-20 4 3, 86-100.) .:;:;: .,,:;;:.:... .<::>:: >.�.:::..:.: ';:::::. . :.>«<:<;«<::.::.i:;::.:.i:...::.:<.<:.i:.i.>:.::.i:.;:.:: .i»<:><:.:.:.:<.i:.;::i:.i:::.i:.;:.::..:.:.:«; ..>:.i:.i'.;« i::>'<:.<:.>:.>:<:::, :::«::: aJi :<<" " ::«" !rvas:utt<: s::an:: ::a.. cr :a < ' €et�:re ::<;.:.::;;;:;:;:.:.. ;:««.:::«;<.;<:.:<.;' i<:;.i::;<::.>:<;;:.;::::<.i:.::.<.:. .:;.;';. i::.: . i:.;.:. ::.>:.i:.ii:.i:.;i;i:.i:.;:. an.:art.i. vr # ,:ixa....................: _ ai:..... .... ::::::.:::::: .::::.�:::::::::..:.�:.�:.:v:...:�::::::.:...i. .......i:.ii:.ii•': i'i i:•ii'pi'ii}ii:;•:F":.i;•:;:::•::•i:ii:...::...... .. .:::.:. i:.:i::.iiii'::::::::...:..:':...i. .. ...... n . . ::>.: 1 ; ::: :r:> :>: nte; Qweect:€: ::>s hemis or of S ,X. ::ria.:::UTac ue .:.: h 10.0 is ..:.:......... $.: :.:...:. ...... .'. :.i:<.ii:.:.ii':::::.i:.;..ii.. i::.i:::.: i:_:.:.:.iii::.:.::. i' ::<:.;:.;i:.:. : i::.;:.::. i_:.:::::......i:.::: :::: mataani :.these>:act}vs..XX ... <:: sv :th..sa.:..n.:::_ ... : >> .amu ..+� .v. . .seis iF:4:•:ii•y;: ::;;:y•i:vv:!j;i:^::•:Ciiiii:ii:ii.ilii::.v.i:::: i n :. :':::cn:•::ni::.is.i:iidi":e.ii:ci.ie'.i?i:':i;ii:. $y�n...e« dcohaia�is .5:•:.:.v.?::.:: rc eess ORD. 96- Proposed Revisions September 30, 1996 -6- 1 ' $4-63.424 "Prject Descrintinn." "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score: (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located; (b) An area map showing the facility in relationship to the surrounding community; (c) A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility; and A f: ' seuniq data ;;afl f>v ea s anc;a us ca c fort $ c a r$ stausl( ..Year:. faa e #_ire ealcutati the The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) throughl-c} �O:" above. (Ord. 96-20 § 3.) l.>:�' ( lafy4gaei n an ieentwesn a.. ur snt faCii) y,�v�rilg.standars, proceu�es., ark p�ac ns ss l at a) a v ,rnayr a cep je>rts. roteci. blWanv�Qrker fe nd .. i rte t.#rflr> dents. e.tv e�£a>. a ur t s hanlcat or �pr �t#awe, up P. r . pst an , rocedes # site W.Va.- .................. tst tfd u �rro .. ir ' ..ov(d'... ...talar .. ... .rvte... r..str anc...bae�d... crt: :... .......:.:........................:.:. ..:...:.... .....:. . . . �_ . AND v:: •v. ::w:: .�:::::w:. .:::......:::::•.�:::::::::<:::i:i?i:i.: :<v<v'<:i•i':iiiiiii Cii ivi'.ii'viii:.i}iiiiii:Wi;{.ii?iii:i4;{.iiiiii:v{'.i}i'.J:•i'?:••:'.iiiii:[r:iY.:ii::!•: : :.....:....... t> > dres ><; a;€ rmktti> i :..�.. :.,:::::. ::.:.::.::.::::::::::.:.::....:::::<:<:.i:;.i:.ii:.ii::.i::.::.>:.:.::::;:i:.ii:::.;:.;�':;;.::>;..�:;;.:::::.:::::::...>:.:::.>. ll v t tme t t :bss .... gc s ety r proveMa.. :::;..i:.i::i:'.::.i:;::::i::::<:: 'errntsn:<ft�r#,fie p._.qJJk ORD. 96- Proposed Revisions September 30, 1996 -7- r � + 1 A :•:.•. v::::::::: :::::r•:•:::wy::x::::u:::v::::::::r::.w:::::::::•:::v:w:x::w:r:.: •:::::: 'I:.::v::::::::::::::.:::::.::.: ::.:::::::•v::::::v.:::::..::::::::.:..:::::v::•:::. : . Cap �:{;i:K•:Y;:•ti;'•:•ii;:.;.;:,.}:,i::::Q:.:Yi.:ii:nyi..>in:}:•i::}pi::n:ry;.iii'rr.}i1i:v}tv}�•i.)•:?.,'. ii... A4-63.426 "Residentiall rnpP_rty". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-20 § 3.) R4-63 42R "$BnsitNp_ receptor." The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code section 1596.750. "School" means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-20 § 3.) M-Al 430 "StnrP " "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-20 § 3, 91-49, 86-100.) $4-63.432 "Transpnrt " "Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96-20 § 3, 86-100.) Artirle R4-63.6 Applira_hi_lity 84-63.602 Applinability- Except as otherwise provided in this chapter, any person proposing a development project ' rs ... o .;:which mi ht Pe P Po 9 :.::. :. otherwise be allowed in any zoning district shall.be subject to the provisions of this chapter. (Ords. 96-20 § 3, 86-100.) R4-R-1-604 Fxemntinnc_ The following projects and structures are exempt from the provisions of this chapter: 6XProORD. 96- Proposed posed Revisions September 30, 1996 -8- (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. 0 `` .... : arl:> xe ::::u <:I h >::s �ton><: us:;: �e;: ;:.cs ::::: ::: a rli a en11:.,'+.-,'.'....J..., r .. .:.............:...p.... :.......... .. lY..........::.., ............. _ _ :.:.: :.....:::......` ;: :•iii'ilii:iiii{i'i:.::.i:.iiiiiii}i••y':iiii}i'L'^:iii`:: ::v':.i:iii::.i'^:^}ji+iY:.i:•::?:!i9:^ ....:::.ii%:iiii::;ii ::•::.i::.i. :i:L::ii}}}}}}iiiii'•i; ii} .... {. .. ....... rep.... (b) If any building, structure or facility is destroyed or damaged by disasters such as earthquakes, floods, offsite fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (SACT) or at least the same level of control that previously existed, whichever provides the greater level of protection to the public; (3) The rebuilt project does not have a higher hazard score than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); OR The rebuilt project ect .i >::<;:ii:::> '.ii:.i:.;< "; » :. i . i> » afc e sft_1pp than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director;. (6) The rebuilt project is at least 300 OR D feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and ORD. 96- z6 Proposed Revision@ September 30, 1996 -9- T • 4 (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage Hazard Category B materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than: (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category B materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter 1, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96-20 § 3, 90-92, 86-100.) 3 m r rrra n :.p t cav re ..b a.P �c:S ty A rpemp t..0 T0d eta by.the £c .mty. hd. acliy. rihan. € ceerears..,p �r :.:::::. ...:..:: ::: , aace:: r�fet ,► e 'rrr;.apft�» tn: uixatted tv tie`> # eh : tnt OR Ama. . :::ma n sG€co $r >b :a >Sa A eem :: t < d . .::......: p . . .....1�.::... ...ety .::.Ur.. t.n.efe . � t .:. :::Ike>: t: >:a :::: e>:: ac( rc� .t :>the:t;m�<:ts::>mac:>: atnac : .t ect p )icairs ted $ rtent ..:. .. . .:.:..:fit ..::,... ..: taa#fty,. cue sY> uh ::�.,aay 9eart:; u y har .: > 'j�y has had. f �da dpf ton:8 :: ..d..........ch:e:,...,.c.f...u....)....a .. .. .: tt .. : : .... _ a ats . m . ... pte ; :p:.st n$.x.pected.; rey., g..a..ny ! > e, lriCQ.k: t„,8nruhjac xhe, m rgen r tin y sQci >0d U is khat est a dj�i RaCly A.b..e c o un c use Atha sp�: n �f. e.� s�b�ecx..ta t�s:e.�;e�ge�cy ORD. 96- proposed Revisions September 30, 1996 _10- OR .. .:.i1�y. ?.':' .:•;n:'•.,..\7: :?:i •: :::�:•�.:. •.. i:i:iM t'}: :iii •. ......lM ±i �F1M+..e•M:�i Oft .::........ ... `.::. ...::,,..........:.:,..:.::.: .A...... :::.......:38 . :........ (: only ucnt<=> uch � .�..r. .. nd.... ccr :rse ..............:...:::......:.::..:.:..................:::..:..:....P :,...........:.,.:..............:•:,. .. ,...P.:....:......:.:...:.....:.... red: :>tcde ;>t <lsme> eaos >>' 'lr $mr e: : > e airs< id<c . eras p............,:: ..,..,.....:.........:,.:..........:..:. .:.> .....:. ..... :..:,.:....P... :. ::. X .:Iri•;: 3 .> ViF: siA7;• :.QiiMt � '.�F :'3.' :t.:: i:7:7Ci. ., .:::.:.::.... ,.., :::::::.,:,::::.:,::: # er ire s # #a) -WWn : pas ' ....: .::..:,. .......:.. . ... _. ......... . .:.. ..._ .. . ..... �..... . ... E $ irer� €e :tacedi .i.. tv1( ttottiinte axa ....:........F..,.,..:.:...,.... . ..P a.....h. :......::...:...... 'isi:?j!•:Y�::?i'i:.i:i.i"j?ii::ii}i%:i1:i:.:ii:.:i:'i::i:?v`::::: ......... P its aU. ot ::::..ecth:: 3:tys a i .... enc:';:} 84-63.606 F_xemntinn. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (09650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-20 § 3, 86-100.) Article M-63_S Standards and Prn _PdiirPs Rd.-63.802 Anplicatinn for Applicability DPterminatin • Expo, Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a) or (b) or 84-63.606. Projects exempt under section 84-63.604(c) are not required to submit an application ORD. 967LI00 Proposed Revisions September 30, 1996 ► pursuant to this section. If the hazard score of a project is 69 OR J or less and the project does not increase the amount of hazardous waste or hazardous material managed as compared to the baseline of the last three years, a determination of non- coverage and an application therefor are not required. The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, and transportation routes h :: y8 r: (3!eCtn 'fti* _. ...._....., .... ............ :.;,::+ The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-20 §3, 91-49, 90-92, 86-100.) $4-63.804 Applicatinn, RpMaw, DPterminatinn. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination that a land use permit is required pursuant to section 84-63.1002. (Ords. 96-20 § 3, 90-92.) 84-63.806 Datarminatinn of nnn-r_nverag . Upon determining that a proposed project has a hazard score up to and including 79 OR 9. or that the project is exempt pursuant to section 84-63.604 or 84-63.606, the Community Development Director shall issue a determination of non-coverage or exemption. A determination of non- coverage for projects with a hazard score between 70 OR and 79 OR 6119., inclusive, means that the project is not subject to the requirements of article 84- 63.10, but is subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 69 OR 49 and projects which are exempt pursuant-to sections 84- 63.604 and 84-63.606 are not subject to the requirements of sections 8463.808 and 8463.810. (Ord. 96-20 § 3.) Ra-63_RnR Datprmi tinny - Publir_ Nntica. All determinations of non-coverage made pursuant to section 8463.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-20 § 3, 91-49, 90-92, 86-100.) 84.-63.810 Mtpr inatinns - Furthar Public Nntice. For projects with a point r assignment between 70 OR 5.0 and 79 OR 5.9, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community ORD. 96 Proposed Revisions September 30, 1996 -12- i Development Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed. (Ords. 96-20 § 3, 91-49, 90-92.) 84� Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-20 § 3, 86-100.) Article 84-63.10 Land Ugp Permits - When RPau1rP_d $4-63.1.002 Ha and Scor Permit RPauired. Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required for a development project proposed for the management of hazardous material and/or hazardous waste if the development project obtains a hazard score of 80 OR-60. or more pursuant to the formula set forth in section 84-63.1004, '> jr .. ._ . i int at Q .je. subject to the provisions of this article. (96-20 § 3.) $4-63.1004 Hazard Score. (a) Fntmula. The hazard score of a proposed development project shall be determined pursuant to the following formula: [(T + C + P) xHI + D + A; OR [(T + C + P) xHI + D + A where the following symbols have the following designations: ORD. 96Z'8 Proposed Revisions September 30, 1996 -13- 1 � OTO refers to the point assignment for "Transportation Risk"; "D" refers to the point assignment for "Community Risk - Distance from Receptor"; "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; "P" refers to the point assignment for "Facility Risk - Size of Project - Percent Change"; and "H" refers to the point assignment for "Hazard Category of Material or Waste." If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used. Point Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7 Rail - (>25% increase or new) 6 Rail - (>5 - 25% increase) 5 Ship - (>5% increase) ,, 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 ORD. 96 0 Proposed Revisions September 30, 1996 -14- J ' �OMMLINITY RISK Distanrp of prpjert from rp .Pptnr (D): 0-300 feet 30 >300 - 400 feet 29 >400 - 550 feet 28 >550 - 700 feet 27 >700 - 900 feet 26 >900 - 1200 feet 25 > 1200 - 1500 feet 24 > 1500 - 1800 feet 23 > 1800 - 2100 feet 22 >2100 - 2500 feet 21 >2500 - 2800 feet 20 >2800 - 3200 feet 19 >3200 - 3500 feet 18 >3500 - 3800 feet 17 >3800 - 4000 feet 16 >4000 - 4200 feet 15 >4200 - 4500 feet 14 >4500 - 4800 feet 13 >4800 - 5400 feet 12 >5400 - 5700 feet 11 ORD. 96- 8 Proposed Revisions September 30, 1996 -15- 1 ' >5700 - 6000 feet 10 >6000 - 6500 feet 9 >6500 - 7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600 feet 6 >8600 - 10,000 feet 5 >10,000 - 11,000 feet 4 > 11,000 - 12500 feet 3 > 12,500 - 14,000 feet 2 > 14,000 - 16;,066 feet 1 Type of rPcpRtnr (C): Sensitive receptor 7 Residential Property 5 Commercial Property 4 FACILITY RISK- SIZE OF PRO IFCT Total Amount of change, tons (Conversion to tons; 1 ton = 2000 pounds) (A): >40,000 30 >32,000 - 40,000 29 >18,000 - 32,000 28 > 10,000 - 18,000 27 >6,000 - 10,000 26 >4,000 - 6,000 25 ORD. 96% Proposed Revisions September 30, 1996 -16- i S >2,100 - 4,000 24 > 1,200 - 2,100 23 >750 - 1,200 22 >400 - 750 21 >200 - 400 20 > 150 - 200 19 >90 -150 18 >50 - 90 17 >30 - 50 16 >20 - 30 15 > 10 - 20 14 >6 - 10 13 >4 - 6 12 >2 - 4 11 > 1 - 2 10 >0.8 - 1 9 >0.5 - 0.8 8 >0.35 - 0.5 7 >0.25 - 0.35 6 >0.20 - 0.25 5 >0.18 - 0.20 4 >0.14 - 0.18 3 >0.12 - 0.14 2 ORD. 96-L" Proposed Revisions September 30, 1996 -17- r >0.10 - 0.12 1 no change (0.10 or less) 0 Parr-ant ChannP (P) New 6 >200% 5 > 100% - 200% 4 >50% - 100% 3 > 10% - 50% 2 > 1% - 10% 1 0% - 1 % 0 HAZARD CATEGORY OF MATERIAL (H) Category A 5 Category B 3 Category C 1 A :::.;: OR ORD. 967L220 Proposed Revisiom September 30, 1996 -18- t I • 7 +1 S •S:t{t•:t?{•i:^:•isv:•ii:•i:?•:?•:•:�:^:•:Gi:O:•i:•i:?^:??•:�i:•iiii:•i::?Ci:^:•i:•ii:•:?•iii:{r???J:4:^:•i:J:4i:G:^:•:^:•:0i:•ii:•iiiiiiii:•iii:????LOi;^ii:?4i:^::F:iiiii:^:?vi:iiiiii:?•iii:i::6: f`�:�;:i�iii:'':' '��:vi.'•iji:>�ii:i4^:'iii`+^• :J iI►{}:;';i::it;':::?i:;:v ..}i'< }:yY:;::>•.':':•:::::::: '.vv+'i................iii........i...........i:"l??�$iii..........•?:j::.....>.............................................................. ......:......: '..:..?}:yi::{:......?::t:i'. ......>''....:.....is': vi: ... .....J.:.... .:. .+15..v..... .... .r:::.:::::::::r: rw:::::nvvv:::::.vxxx:::::{{ri•.vx:.x.•:rx::::xv:::::x ................................ :...... ........................................ ............. ...............x::xw:::::.......:.w.Viiiliii•.vi:.::::.::rr:r ;.i;�.i:??.i:•i:. i:•:?•:•:•:•i:.i:•i:•> i:•i:•:;.:•:•:<.:•:•:•:•:•:•i:•i:•i:•i:•is•i::.ii:??•iiia:;?•ist is?•:•>:: t:?:•iit•>:•>:;•:•:•:•i:•rii:.:•i:::i:a:.:..ii ii..:':'�;:r:;:;%:r::;:':�S :i:'�'�•`:<::: v'::':'i:'` ;:;l:;i:.;�.�`';'i:':i�is�?:; .:;:�:�:'''': :;:;:;i:;�i;;:;?:;:�:%':�i::�i::3 >:�;�i ;: �?r::�'�:� :�::�:'�;:; :%;:�i:�:�:;::�::�:: ii '�:�:-::.i::.::t;� %': i�:o>: :>:5:%;:•i:• {c} Credit for radtictions nr prnipcts to be closed. A development project that would have a hazard score of 80 OR 5.0. or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the following criteria are met: :.. ....,... . ......i: . .:..:.;.......:......i: ....:....;.:: project : b0I MO sad.,rsreded . n: e wh� h the The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which period the production schedule has been reflective of a normal production schedule; Wt The project to be closed or reduced is the direct result of the proposed development project; t3► IQ The project to be closed or reduced has a higher hazard score than the proposed development project; ? The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and t5} The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project p be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. ORD. 96- Proposed Revisions September$0, 1996 -19- r / 1 S. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth in section 84-63.810. �y Cingtirp, rPdurtinn reauirPd. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (96-20 § 3.) $4-63.1006 DetPrminatinn of Transpnrtatinn Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or larger) freeway shall be considered. If the route used in the County does not traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-20 § 3.) 84-63.1008 DPterminatinn of Community Risk - Distan _P to RPr_pptnr. "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-20 § 3.) 84-63.1010 DPtprminatinn of Community Risk - TypP of RPr_Pptnr. A hazard score shall be.developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the ORD. 96-W,, 9 Proposed Revisions September 30, 1996 -20- t development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-20 § 3.) 8463.101? DP-tPrminatinn of Prniect Risk - Size, The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004. The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96-20 § 3.) $4-63.1014 DetPrminatinn of Proiect Risk - Percent Change, The percent change of a arsraig shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. . .. .. r 8463.1016 Determinatinn of Hazard Category. (a) MPthnd of Determinatinn. The hazard category of a material or waste shall be determined pursuant to this section. ORD. 96- i9 Proposed Revisions September 30, 1996 -21 - I • 1 � (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Hazardmis Materials Table." From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is listed in 49 CFR 172.101 more than once, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. OR .:::::.:..:::::: ..:.:>>V. .. t ` I ::,:.:::: .:::.:.::::::::<::::::<:. # ..>tits. t .. :: .:a :;:( . fest :yyiiii`i:•'1•:::.ii:::viiii}i:.i:•:?i;ii:ii'::ii::::.iiiiiiiiiiiii:::i:::::•.:?}::ii'::v^iX.:hi:i•ii::ii:iii::li'i:Ji'{.: ::.:vi:vi:.iiii:41:lii:iiii:i%'"•i? ....:.:: . i (2) Where a hazardous material or waste t3ucr s not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the ............................ 8ts' ae.:' � ta'se> for the D.O.T. :.. _ Y. . "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. (b) Fxchns. Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. (c) Hazard Categnri _s. ORD. 96- Proposed Revisions September 30. 1996 -22- a Hazard Categnry A Materials I. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). 111. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2). B. Water Reactive Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. VII. Poison Gas Class 2, Division 2.3 as dgfined in 49 CFR 173.115(c). ORD. 96- �9 Proposed Revisions September 30, 1996 -23- 1 ' Haiard Catagnry B Materials VIII. Flammable Liquids Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). X. Oxidizers, D.O.T. Packing Group II Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required per 49 CFR 173.127(b)(2)(ii). XI. Flammable Gases Class 2, Division 2.1 as defined in 49 CFR 173.115(a). XII. Corrosives, D.O.T. Packing Group 1 or II Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). Haiard Categnry C Mat _rialc XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. XVI. Oxidizers D.O.T. Packing Oroup III Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). ORD. 96- 2z9 Proposed Revisions September 30, 1996 -24- XVII. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c). (Ord. 96-20 § 3.) Iff.M-14 V'00'1�4 Ike"N V'K-S. ..........-... .... .............................. i -Y .......... C ............ .........................hic t . . ..... .... ................ R IlYt'." .0 woo" W11 m6d""b"""', ... . .. ....... ........... .......... ..:;a -e ............. .0 P-1 pp. 0. Article 84-63.12 t and 11.qP and Variance Permits 84-63-1709 Granting. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96-20 § 3, 86-100.) Arfirlp 84-63-1 Offsite Ha7ardnus Waste Facility Compliance With Cminty Ha7ardntnq W, Management Plan $4-63.1402 Authority. This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-20 § 3, 90-73.) $14-63,1404 Dpfiniflnns. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous ORD. 96-L" Proposed Revisions September 30, 1996 -25- . F 4 S waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-20 § 3, 90-73.) 84-63.1406 Cpinty Hazardnus Waste Management. All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-20 § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) 84-63.1408 Exclusion. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. 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MOM-: ep .: : : ._::::: : ;:; oe < hf�.. Pes #�e.. o ::::: �fnrtE ;tfeer: . eber � ORD. 96- Proposed 6 Proposed Revisions September 30, 1996 -26- do 7 • :ii;:•iii•a i ::.::•:,.::::::::::b:•:•.::.:::.:.::::.:::::...: .::::.:.. . :.>:•:;::.>•::::. ..:: . .>::::..:: . .�::.::::::..::::::::..::::::::.:::::. z >tyr< d:< n imar:> :> he :::::t : >::: # at>:::be>;_ v :. ..: h: ..........:.....:........:...::,.....:................:.::.,..............:..:.....:.. ...........,.:.......... :::.: ,,.::......y.. ...:..„....:....:........... �,wtt.: :.ii:.ii:.. .........i:.i:•.::•:•.iiii•:i:.;.� .::n:::::.: :•:•:.�:.i:..;:i:::.�:::: ::.::.:�:. :::.ii: is ii:.:::.�:.:::::.::::::::.::::::::::::::::::::::::::::.:::.:::::::::: r:>o� :> >: :. : ::::: r e>: ::;: rre >:::: `I! ::: n ::mss a ;: .><:r. use :::.:............ ............,...:..:::.::........... :...:......... ::.:. .:........P.:.::::............... 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' `:..:: ;.i: .: :'.::.;:.. : r`>>. :. .: # >t a`:` a ` d u.. bi•:.i:+.::::a.a4.�i..�.-.,.�..• .■■..iL;��,. .....■..�..;.�v.{..Y �Y........•J............................. ... .. i:•.::{.:�.;,"::V:•wy`:•};v'+::{:::ry-•4:•:... Y........ ':i........................................ . . ..� 'iii:::.:...... ... ...yy.�..k .. ......... �•FKM:i:•IM ii. �11M 3,�I. S:: f'::i M ':t +.11::::Q :)F.M.MIt�[•l i:�: :i'r�:::i�.� t:i:>: �<:i.��M.�l...e.... .: ...:.:::.::., .:::::.. ..:,::...: .:.......:::.::.,,,.:: 01 ....,.::.:::..::.:::::.::.....tom..: 'y P ::.::..::::..:...:.,:::...,... .:,. :...:..::::::::.:.:Y :;: . 3' . < :>: .:af:cede SECTION IV, INTENT AND EFFECT OF REPEAL, The repeal of Articles- 84-63.2, 84- 63.4,84-63.6, 84-63. 84-63.1 Q of Chapter 84-63 by Section II of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article84-63-concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section 11 of this ordinance, and said provisions' subsequent readoption y Section III of this ordinance, are not intended to have any effect other than t f :;#ire-fenirtg-of said provisions. SECTION VI_ SEVERABILITY_ This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION V11. PREEMPTION_ Nothing in this ordinance is intended', and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. SECTION V111. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after 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 , by the following vote. AYES: ORD. 96-L" Proposed Revisions September 30, 1996 -27- a r • NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LTF:bmw:df.31.ordhz826.96f [SEAL] ORD. 96- Proposed Revisiora September 30, 1996 -28- 1 � DRAFT 10/21/96 11:51 AM Review, Inspection, and Auditing Ordinance to Address On-Going Safety of Industrial Operations I. BACKGROUND: Recent incidents in Contra Costa County at industrial chemical and oil refining facilities.have prompted the Board of Supervisors to recommend expanded reviews, inspections, and audits that exceed the scope of the Risk Management and Process Safety Management programs. The success of the reviews is dependent upon the cooperation of industrial chemical and oil refining facilities within Contra Costa County. The public must be assured that all measures necessary to prevent incidents are being implemented, including Health Services Department or stationary source recommended changes or actions that are reasonably necessary to protect the public health and safety. II. PURPOSE: The purpose of the ordinance is to establish criteria for review, inspection, and auditing of industrial chemical and oil refining Risk Management Program(RMP), Program 3 facilities by the Health Services Department(HSD). The goals of the periodic review, inspection, and auditing of industrial facilities by HSD are to: Provide review of industrial chemical and oil refining RMP Program 3 facilities and recommend changes or actions that are reasonably necessary to protect the public health and safety; Review the accidental release prevention efforts of industrial chemical and oil refining facilities and require facilities to conduct root cause analysis for all major incidents; Provide a level of review, inspection, and auditing that exceeds those items required in existing regulations such as the Risk Management and Process Safety Management programs; Review action items resulting from process hazards analysis reviews and require implementation of action items within a reasonable time frame; 11 Provide for public input into the review, inspection, and auditing of industrial chemical and oil refining facilities and provide for public review of the inspection and audit results; and Facilitate cooperation between industry, HSD, and the public in the prevention of incidents at industrial chemical and oil refining facilities within Contra Costa County. Ilb rev.2.8 DRAFT Page 1 a � • C r„ DRAFT 10/21/96 11:51 AM III. DEFINITIONS Hazardous Materials- Means those substances listed in: Section 68.130 Title 40 of the Code of Federal Regulations pursuant to paragraph(3) of subsection(r) of Section 112 of the Clean Air Act; or Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations as an extremely hazardous substance which satisfies the provisions of Section 25532 (g) of the California Health and Safety Code(as amended January 1, 1997); or A substance or mixture that by virtue of its reactivity, toxicity, or volatility hazard(s) could cause adverse health or safety impacts. HSD- Means the Contra Costa County Health Services Department, Environmental Health, Hazardous Materials Division. Incident-A hazardous materials incident is a major emission, fire, or explosion, involving one or more hazardous materials that presents imminent and substantial endangerment to public health and the environment or an incident that may have posed an imminent threat to the public health, the environment, or property and that resulted in any of the following: (a) immediate action by the HSD which included an on-site response, (b) an explosion which caused process equipment damage, (c) a large fire which lasted for more than fifteen(15)minutes, (d) a release of a hazardous material that caused an off-site impact as determined by HSD, (e) a worker injury resulting in hospitalization, (f) a large uncontrolled release of flammable gases that could have resulted in a fire or explosion if an ignition source had been present. Process Units - Means those units that handle,use,process, or store hazardous materials. Utility units(e.g.,water treatment plants using chlorine)where hazardous materials are used are also considered process units; all other utility units are not considered process units. RMP- Means the Risk Management Program of the accidental release prevention requirements of the Clean Air Act, Section 112(r). Root Cause - Means"Prime reasons, such as failures of some management systems,that allow faulty design, inadequate training, or improper changes, which lead to an unsafe act or condition, and result in an incident. Root causes are also known as underlying causes. If root causes were removed,the particular incident would not have occurred." (Defined by the Center for Chemical Process Safety of the American Institute of Chemical Engineers.) Stationary Source - Means industrial chemical and oil refining facilities subject to the RMP, Program 3 as defined in 40 Code of Federal Regulations Part 68. 11b rev.2.8 DRAFT Page 2 � r • 1 C 17 DRAFT 10/21/96 11:51 AM IV. ORDINANCE (outline): HSD,at their option,may select an outside consultant to act with them in conducting a review, audit, and inspection of the stationary source. Any such outside consultant would work under the direction of HSD and would be paid for by the stationary source. HSD shall have review, auditing, inspection, and enforcement oversight of the items delineated below: A. Stationary Source Requirements 1. Process Hazards Analysis-Process hazards analyses are required for every process unit at a stationary source. The process hazards analysis shall be performed for each chemical or mixture within the process unit. The stationary source shall resolve and complete all actions and recommendations specified in the Process Hazards Analyses in a timely manner after completion of the process hazard analysis, but in no case the later of: one year following the certification of the RMP for actions and recommendations that do not require a plant shutdown, the first scheduled plant shutdown subsequent to one year after certification for actions and recommendations that require a shutdown, or a schedule agreed to by the Department. 2. Root Cause Analysis-Root cause analyses are required for each incident at a stationary source. If the stationary source has not had a hazardous materials incident in any calendar year,the stationary source shall select at least one incident from the stationary source's records for that year to perform a root cause analysis. 3. Initial Report-Within 90 days of adoption of this ordinance,each stationary source shall submit to HSD an initial report delineating the source's planned schedule for development and implementation of the RMP. The report shall include an anticipated schedule of process hazards analysis for process units covered under this ordinance. The report shall also include anticipated implementation dates for action items resulting from process hazards analyses studies completed prior to the date of the initial report by the stationary source. (Note: Process Hazards Analyses previously completed that satisfy the Process Safety Management Standards and that cover all chemicals within a process unit are acceptable for the purposes of this ordinance.) 4. Accident History Report-Within 120 days of adoption of this ordinance or by September 30, 1997,whichever is later,each stationary source shall submit to HSD descriptions of all incidents involving hazardous materials occurred from June 30, 1995 through June 30, 1997. A hazardous materials incident is a major emission, fire, or explosion, involving one or more hazardous material that presents imminent and substantial endangerment to public health and the environment or an incident that may have posed an imminent threat to the public health,the environment, or property and that resulted in any of the following: 11b rev.2.8 DRAFT Page 3 r t;. DRAFT 10/21/96 11:51 AM (a) immediate action by the HSD which included an on-site response, (b) an explosion which caused process equipment damage, (c) a large fire which lasted for more than fifteen(15)minutes, (d) a release of a hazardous material that caused an off-site impact as determined by HSD, (e) a worker injury resulting in hospitalization, (f) a large uncontrolled release of flammable gases that could have resulted in a fire or explosion if an ignition source had been present. Incident descriptions shall include a description of the individual incident with the respective amounts of hazardous material released,the date of the incident,the estimated duration of the release, any employee injuries, illnesses, and any public injuries, illnesses, evacuations or notifications to shelter-in-place as a result of the incident. Provide a description of the contributing causes and the root cause of each incident and other pertinent findings of the investigation. (For hazardous material incidents that occurred prior to the adoption of this ordinance and for which root cause analysis was not performed,note this in the description of the incident.) Supply a list of mitigation measures taken to prevent similar incidents and the associated implementation dates of those measures. 5. Written Management System- Within 150 days of adoption of this ordinance, each stationary source shall submit to HSD the source's written management system if a summary of the system has not previously been submitted to HSD(e.g.,with the Risk Management and Prevention Program). B. HSD Review, Inspection and Auditins? 1. HSD shall review,inspect, and audit the following elements: a) Written Management System, b) Process Safety Information, c) Process Hazards Analysis and Resulting Action Items, d) Operating Procedures, e) Training, f) Management of Change, g) Pre-Startup Reviews, h) Compliance Audits, i) Incident Investigation, j) Employee Participation, k) Hot Work Permit, 1) Contractor Safety, m) Emergency Response and Notification Plans, n) Mechanical Integrity Including: 11b rev.2.8 DRAFT Page 4 I • DRAFT 10/21/96 11:51 AM i. Review of QA/QC Process for Mechanical Inspections, ii. Review of Protocols, iii. Review of Calibration&Inspection frequencies, iv. Review of Inspection Records. The review, inspection, and audit provisions under this section(section B (1)) shall be discontinued after June 21, 1999. 2. HSD shall review, inspect,and audit the facility inherent safety considerations for in-place systems(design&operation): a) Review for prevention of incidents or reduction in impact of incidents, b) Review of specific design- (e.g., less inventory,fail safe systems,redundant systems, etc.). 3. HSD shall review the stationary source's incidents: a) Review facility incidents recorded with other agencies(e.g.,BAAQMD, Cal-OSHA), b) Review of loss control management policies, c) Review of analysis and investigation techniques, d) Review definition of root cause and review analysis of root causes of incidents, e) Review site follow-up of action items resulting from the investigations, f) Review information flow regarding results of incidents to&from employees and to & from similar facilities. 4. HSD shall request input from the stationary source's labor-management safety committee. HSD shall(Check NLRB Issue): a) Request member's input into the review,audit, and inspection, b) Review minutes from committee meetings, c) Interview Members, d) Through the public participation process,provide for committee members' input on the review,audit,and inspection results. 5. HSD shall review the stationary source's Public Participation Process: a) Review of Program, b) Meet with Community Advisory Panel, c) Interview Members. C. Public Participation Process HSD and the stationary source shall: 11b rev.2.8 DRAFT Page 5 � , DRAFT 10/21/96 11:51 AM a) Provide for public input on inspection process, b) Provide for public input on inspection results including recommendations by HSD. V. IMPLEMENTATION OF AUDIT(scope): Each facility will allow HSD to audit, inspect, and review the facility for the issues above. The review, inspection, and audit may result in changes recommended by HSD as reasonably necessary to protect the public health and safety. All changes recommended by HSD shall be implemented by the stationary source unless a proposed alternative is a safer or a more appropriate alternative as assessed by HSD. The recommended changes shall be implemented as specified in Section A(1) above. Based on the review, audit and inspection, HSD shall issue the stationary source a notice of findings. The notice shall include a listing of required revisions or recommendations to the stationary source's programs or facilities and the basis for the revisions or recommendations. The stationary source shall respond to the HSD recommendations with a mitigation plan within 90 days of receipt of the notice of findings. 11b rev.2.8 DRAFT Page 6 COUNTY COUNSEL' S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 21, 1996 ro: Board of Supervisors From: Victor J. Westman, County Counsel By: Silvano B. Marchesi, Ass't County Counsel� Re: Potential Liabilities Concerning Alternatives to Ordinance No. 96-20 SUMMARY: Enacting an ordinance that requires County staff to make determinations that are not clearly discretionary, "basic policy decisions" could subject the County and staff to tort liability exposure in particular factual situations. In addition, an ordinance that supplements or contradicts SB 1889 ("the Calderon bill") might be preempted by state law. There is no express state statutory provision authorizing a county or city to enact RMP regulations that go beyond the requirements of SB 1889, and SB 1889 does not clearly imply that such general authority exists. BACKGROUND: On October 15, 1996 the Board of Supervisors directed this office to report on potential liabilities concerning various alternatives to Ordinance No. 96-20 that are currently before the Board. DISCUSSION: A. TORT LIABILITY The California Tort Claims Act (Gov. Code, § 800 et seq.) sets forth the rules governing tort liability of public employees and public agencies. The Act provides generally that a public employee is not liable for an injury resulting from an act or omission that is the"result of the exercise of the discretion vested in him [or her], whether or not such discretion be abused." (Gov. Code, § 820.2) The same immunity applies to the public agency employing that employee. (Gov. Code, § 815.2(b)) The California Supreme Court stated the basic policy reason for this discretionary immunity as the need for"judicial abstention in areas in which the responsibility for basic policy decisions has been committed to coordinate branches of government." (Johnson v. State (1968) 69 Cal.2d 782, 793; emphasis in original.) Board of Supervisors October 21, 1996 Page 2 Applying the discretionary immunity in specific cases has been difficult, and several different analytical approaches have been used. Although the outcome depends heavily on the facts of a specific case, the Supreme Court has instructed the lower courts that they may find that a public agency receives the benefit of the discretionary immunity only when the government has made the"strong showing" that the employee did in fact make a conscious policy decision, with a deliberate balancing of risks and advantages. (Johnson, supra, at 798) The immunity applies to the planning aspect of decision-making, not the operational carrying-out of the policy. (Johnson, supra, at 794) The Attorney General has opined that the immunity applied to the California Coastal Commission when it granted or denied a coastal development permit. (62 Ops. Cal. Atty. Gen. 527 [1979]) In the situation before the Board, an ordinance that provides for actions by its officials and employees that are not required by state or federal laws and are not clearly discretionary, within the context of the California Tort Claims Act, but instead are considered ministerial, could subject the County and its officials to liability under the Act. B. PREEMPTION 1. Federal Law The Clean Air Act expressly allows a state or local agency to enact regulations on Risk Management Plans ("RMP")that are more stringent than those of the Act or federal regulations issued under it. (42 U.S.C.A. § 7412(r)(11)) Thus, a County ordinance that goes beyond the federal RMP regulations would appear to be permissible under federal law. 2. State Law The California Legislature enacted legislation in 1996 to carry out the federal RMP statutes and regulations (SB 1889, Calderon, Stats. 1996, ch. 715, § 2.) Regulations have not yet been issued to carry out this legislation. We are not aware of any provision in SB 1889 that allows (either expressly or impliedly) a local agency to enact its own regulations in this area. The general principles governing preemption are briefly summarized as follows. The California Constitution grants to counties a broad police power: " A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Cal. Const. Art. XI, § 7) However, local law is in conflict with general law"if the ordinance duplicates [citations], contradicts [citations], or enters an area fully occupied by general law, either expressly or by legislative implication [citations]" (Morehart v. Board of Supervisors October 21, 1996 Page 3 County of Santa Barbara (1994) 7 CalAth 725, 747, citing and quoting People ex rel. Deukmejian v. County of Mendocino (1986) 36 Cal.3d 476, 484.) Whether a particular county ordinance is preempted by state law or regulation first requires a conclusion whether it fully occupies the field, either expressly or by implication. If it does, then the local ordinance is preempted. As indicated earlier, we are not aware of any express statement of occupation of the field by SB 1889. In determining whether a state law fully occupies the field by implication the courts look to the whole purpose and scope of the legislative scheme, and apply three tests: "(1)the subject matter has been so fully and completely covered by general law as to clearly indicate that it has become exclusively a matter of state concern; (2) the subject matter has been partially covered by general law couched in such terms as to indicate clearly that a paramount state concern will not tolerate further or additional local action; or(3)the subject matter has been partially covered by general law, and the subject is of such a nature that the adverse effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the municipality." (Morehart, supra, 7 Cal.4th at 751, quoting People ex rel. Deukmejian, supra, at 485.) If the state law does not cover the field by implication, one must then analyze the local ordinance to determine whether it duplicates or contradicts the state legislation. Whether the local ordinance contradicts or duplicates SB 1889 will depend on the specific wording of the ordinance. We cannot with any level of certainty reach such a conclusion, in light of fluctuating multiple drafts. Once a consensus is reached on the desired provisions it may be possible to conduct the analysis described above. In general,however, it is reasonable to state that the more the local ordinance regulates beyond an appropriate land use context, the likelier it is that a preemption issue will arise in connection with SB 1889. Finally, the California Legislature has established the"Unified Hazardous Waste and Hazardous Materials Program," or"Unified Program." (Health& Saf. Code, § 25404 et seq.) Under the Unified Program, a local "certified uniform program agency," or"CUPA," has certain duties, including the issuance of permits. (Health& Saf. Code, § 25404.2(1)(A)) (The County has submitted an application for designation as CUPA, and approval is pending.) The Unified Program is intended to consolidate some six programs, one of which is the state's RMP program. Board of Supervisors October 21, 1996 Page 4 Section 25404.2(1)(A) provides in part as follows: "The certified unified program agency shall develop and implement a procedure for issuing, to a unified program facility, a unified program facility permit which would replace any permit...or authorization required under any local ordinance or regulation relating to the generation or handling of hazardous waste or hazardous materials...." An argument could be made that this section impliedly preempts any local ordinance that relates to the handling or generation of hazardous materials or hazardous waste, that is not a part of the CUPA's unified program facility permit regulation, and is not clearly an appropriate land use control. Depending on their further particularization, some of the alternatives to Ordinance No. 96-20 may be subject to this provision, depending on the final form of any approved local CUPA. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 21, 1996 TO: Members, Board of Supervisors County Planning Commissioners 1>'-- ,.. /� . 5a-lr(-, FROM: Dennis M. Barry, AIC Deputy Director SUBJECT: Planning Commission Hearing Notice For Modifications to • Ordinance 96-20 (LUP's for development projects involving hazardous materials and hazardous waste). Due to an inadvertent mix-up in requesting publication of two items before the County Planning Commission, appropriate legal notice was not provided for the subject hearing before the County Planning Commission for October 29, 1996. The error involved publication of the display advertisement on the renoticed hearings for the Wendt General Plan Amendment and associated entitlement hearings instead of the subject ordinance. In order to preserve the opportunity for the Board to consider introduction and adoption of the proposed amendment, staff is republishing the display advertisement for the meeting of November 5, 1996 for the Hazardous Materials Ordinance. We sincerely regret any inconvenience this may cause the Commission in light of the heavy hearing schedule for the November 5 meeting. We will recommend at the conclusion of the hearing on October 29 that the Commission continue the hearing to November 5 for the purpose of taking public • testimony and making its recommendation to the Board for consideration on November 12. If you have any questions please call me at 335-1210. cc: CAO County Counsel Director, GMEDA Community Development Director DMB/df:d3:10-29not.mem 4� t)} d ORDINANCE NO. 96- PROCESS SAFETY AND RISK MANAGEMENT ORDINANCE 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): SECTION I. SUMMARY. This ordinance adds Chapter 450-8 to the County Ordinance Code. Chapter 450-8 imposes regulations which supplement the requirements of Health and Safety Code article 2 (commencing with section 25531) of Chapter 6.95 concerning hazardous materials management, by imposing measures to reduce the probability of accidental releases of regulated substances that have the potential to cause immediate harm to the public health and the environment, and to stimulate dialogue between industry and the public to improve accident prevention and emergency response practices. SECTION II. Chapter 450-8 is added to the County Ordinance Code, to read: CHAPTER 450-8 PROCESS SAFETY AND RISK MANAGEMENT 450-8.002 BACKGROUND and FINDINGS. The Board of Supervisors of Contra Costa County finds as follows: (a) Recent incidents in Contra Costa County at industrial chemical and oil refining facilities have prompted the Board of Supervisors to consider expanded reviews, inspections, and audits that supplement federal and state Risk Management and Process Safety Management programs. (b) Section 112(r)(7) of the Clean Air Act(42 U.S.C.A. § 7412(r))required the E Environmental Protection Agency("EPA")to promulgate regulations to prevent accidental releases of regulated substances and reduce the severity of those releases that do occur. EPA promulgated rules that apply to all stationary sources with processes that contain more than a threshold quantity of a regulated substance. The final rule was published in the Federal Register on June 20, 1996. Processes will be divided into three categories based on: the potential for off- site consequences associated with a worst-case accidental release, accident history, and compliance with the prevention requirements of the Occupational Safety and Health Administration("OSHA")process safety management("PSM") standard(29 Code of Fed. s Regulations ("CFR") § 1910.119). (41 CFR §68.10.) All sources must prepare a risk management plan ("federal RMP")based on a risk management program established at the source,that includes a hazard assessment of the off-site consequences of a worst case and i alternate scenarios, a prevention program, and an emergency response program. (41 CFR §68.12.) The source must submit the federal RMP to the EPA by June 21, 1999. (41 CFR §68.10.) The federal RMP will The available to state and local governments and the public. October 30, 1996 (c) California Health and Safety Code article 2 (§ 25531 et. seq.) of Chapter 6.95 was amended effective January 1, 1997 to provide that EPA's risk management program rule,with additional specified provisions, will be the state's accidental release prevention program -the risk management program ("RMP"). (d) In November of 1990,the Clean Air Act also directed the OSHA to promulgate a chemical process safety standard to prevent accidental releases of chemicals which could pose a threat to employees. This resulted in the OSHA process safety management(PSM) standard which became effective in 1992 with full compliance by the spring of 1997. (e) The County recognizes that regulatory requirements alone will not guarantee safety, and that the public is a valuable resource and a key stakeholder in chemical accident prevention, preparedness, and response at the local level. Preventing accidental releases of regulated substances is the shared responsibility of industry, government, and the public. The first steps toward accident prevention are identifying the hazards and assessing the risks. Once information about chemical hazards in the community is openly shared, industry, government, and the community can work together towards reducing the risk to public health and the environment. (f) The success of the expanded reviews recommended by the Board of Supervisors is dependent upon the cooperation of industrial chemical and oil refining facilities within Contra Costa County. The public must be assured that all measures necessary to prevent incidents are being implemented, including Health Services Department or stationary source recommended changes or actions that are reasonably necessary to protect the public health and safety. (Ord. 96-_, § 2.) 450-8.004 PURPOSE and GOALS. (a) The purpose of the ordinance is to establish additional safety requirements=and criteria for review, inspection, and auditing of stationary sources by the Department and to provide the Department with the authority to conduct the reviews and inspections. (b) The goals of the periodic review, inspection, and auditing of stationary sources by the Department are to: (1) Provide review and inspection of stationary sources and recommend changes or actions that are reasonably necessary to protect the public health and safety; (2) Review action items resulting from process hazards analysis reviews and require implementation of action items within a reasonable time frame; (3) Review the accidental release prevention efforts of stationary and require the conduct of and analysis for the determination of the underlying cause for each incident that resulted in, or could reasonably have resulted in a catastrophic release of a regulated substance; (4) Provide a level of review, inspection, and auditing that exceeds those items required in existing regulations such as the federal RMP and PSM programs; (5) Provide for public input into the review, inspection, and auditing of stationary October 30, 1996 ORD.NO.96-_ Page 2 sources and provide for public review of the inspection and audit results; and (6) Facilitate cooperation between industry,the Department, and the public in the prevention of incidents at stationary sources. (Ord. 96-_, § 2.) 450-$.006 AUTHORITY. This ordinance is adopted by the County pursuant to its police power for the purposes of protecting public health, safety and welfare to assure the maintenance , restoration, enhancement, or protection. (Ord. 96-_, § 2.) 450-8.008 ADMINISTRATION. The County Health Officer is charged with the responsibility of administering and enforcing this chapter. (Ord. 96-_, § 2.) 450-8.010 APPLICABILITY. This ordinance shall apply stationary sources. (Ord. 96-_, § 2.) 450-8.012 INSPECTION. Stationary sources shall allow the Health Officer or his sor her designee with reasonable access to any part of the stationary source subject to the requirements of this chapter for the purpose of determining compliance with this chapter. (Ord. 96-_, § 2.) 450-8.014 DEFINITIONS. For purposes of this chapter the definitions set forth in this section shall apply. Words used in this chapter not defined in this section shall have the_ meanings ascribed to them in the Clean Air Act Regulations(42 CFR § 68.3) and in California Health and Safety Code article 2 (§ 25531 et seq.) of Chapter 6.95, unless the context indicates otherwise. (a) "Accidental release"means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source. (See Health and Safety Code section 26632.) (b) "Catastrophic release"means a major uncontrolled emission, fire or explosion, involving one or more regulated substances that presents imminent and substantial endangerment to public health and the environment. (See 40 CFR§ 68.3.) (c) "Regulated substance"means: (1) any chemical substance which satisfies the provisions of California Health and Safety Code section 25532 (g), as amended from time to time, or(2) a substance or mixture that by virtue of its reactivity, toxicity, or volatility hazard(s) October 30, 1996 ORD.NO.96-_ Page 3 could cause adverse health or safety impacts. (d) "Department"means the Contra Costa County Health Services Department. (e) "Inherently safer technology"means feasible and proven alternative processing technologies, system safeguards, or process modifications that reflect current industry standards and guidelines (such as the American Institute of Chemical Engineers/Center for Chemical Process Safety guidelines,the American Society for Mechanical Engineers standards, and American Petroleum Institute standards)to make new and existing processes and operations inherently safer. (f) "Process"means any activity involving a regulated substance, including any use, storage,manufacturing, handling, or on-site movement of a regulated substance or any combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located so that a regulated substance could be involved in a potential release, shall be considered a single process. (See Health and Safety Code section 25532(e).) (g) "RMP"means the risk management required to be submitted pursuant to the requirements of Health and Safety Code article 2 (§ 25531 et seq.). (h) "Stationary source"or"source"means industrial chemical and oil refining facilities subject to the federal RMP Program 3 requirments. (i) "Underlying Cause"means prime reasons, such as failures of some management systems,that allow faulty design, inadequate training, or improper changes, which lead to an unsafe act or condition, and result in an incident. If underlying causes were removed,the particular incident would not have occurred. (Ord. 96-_, § 2.) 450-8.016 STATIONARY SOURCE SAFETY REQUIREMENTS. The stationary source shall provide the following: (a) Initial Report. Within 90 days of adoption of this ordinance, each stationary source shall submit to the Department an initial report delineating the source's planned schedule for development and implementation of the RMP. The report shall include an anticipated schedule of process hazards analysis for process units covered under this ordinance. The report shall also include anticipated implementation dates for action items resulting from process hazards analysis studies completed prior to the date of the initial report by the stationary source. Process hazards analyses previously completed that satisfy the PSM standards and that cover all chemicals within a process unit are acceptable for the purposes of this chapter. (b) Accident History. Within 150 days of adoption of this chapter, each stationary source shall submit to the Department an accident history. October 30, 1996 ORD.NO.96-_ Page 4 (1) The stationary source shall include in the accident history all accidental releases from processes that resulted in, or could reasonably have resulted in deaths, injuries, or significant property damage on site, or known off-site deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage from June 1, 1992 through January 1, 1997. In cases where the stationary source is unable to determine if an accident should be included in the history, the Department will make the determination. (2) Accident descriptions shall include a description of the individual accident and it's source with the respective amounts of regulated substance released,the date of the accident, the estimated duration of the release,the weather conditions at the time of the release (if known), any employee injuries, illnesses, and any public injuries, illnesses, evacuations or notifications to shelter-in-place as a result of the incident. The stationary source shall specify whether off-site responders were notified. (3) The stationary source shall provide a description of the initiating and contributing causes of each accident and other pertinent findings of the investigation. (4) The stationary source shall supply a list of mitigation measures taken to prevent similar accidents and the associated implementation dates of those measures. (5) Accidents occurring subsequent to the accident history submitted to the Department, shall be reported to the Department with the submission of the RMP. (c) Underlying Cause Analysis. Underlying cause analyses are required for each catastrophic release at a stationary source. If the stationary source has not had a regulated substance catastrophic release in any two consecutive calendar years,the stationary source shall select at least one incident from the stationary source's records for those years to perform an underlying cause analysis. (d) Process Hazards Analysis. Process hazards analyses are required for every process unit at a stationary source. Utility units where no regulated substances are used are not subject to this provision. The process hazards analysis shall be performed for each chemical or mixture within the process unit. The stationary source shall resolve and complete all actions and recommendations specified in the process hazards analyses in a timely manner after completion of the process hazard analyses,but in no case the later of: (1) one year following the certification of the RMP for actions and recommendations that do not require a plant shutdown, (2) the first scheduled plant shutdown subsequent to one year after certification for actions and recommendations that require a shutdown, or (3) a schedule agreed to by the Department. (e) Early RMP Submission. Stationary sources shall submit the RMP to the Department no later than 1 year after the Office of Environmental Health Hazard Assessment has finalized and published the state RMP regulated substance list pursuant to the California Health and Safety Code Section 25532 ((g)(2)(B)). The Department may grant an extension of the deadline upon showing of good cause but may not extend the deadline beyond that required by state and federal law. (Ord. 96-_, § 2.) October 30, 1996 ORD.NO.96-_ Page 5 450-8.018 REVIEW,AUDIT,AND INSPECTION. (a) The Department shall periodically audit the progress of stationary sources' RMP development and implementation to review the adequacy of such RMPs and require revisions when necessary to ensure compliance with state and federal regulations. All such audits shall be conducted in accordance with 40 CFR § 68.220. (b) In addition to the RMP progress and compliance audits,the Department shall conduct a thorough safety inspection at every stationary source at least once every three years (or as specified in the California Health and Safety Code article 2 (§ 25531 et seq.) of Chapter 6.95, as amended from time to time, to ensure that necessary provisions are being taken to prevent accidental release of regulated substances and reduce the severity of those releases that do occur. The Department, at its option, may select an outside consultant to assist in conducting said inspection. with them in conducting an inspection. (c) The Department may conduct an incident safety inspection within 60 days of a catastrophic release. The inspection shall be conducted with respect to the particular equipment involved in the incident pursuant to the guidelines set forth in this chapter. (d) The Department shall have access to the stationary source, supporting documentation, and any area where an accidental release could occur. (1) The Department shall review, inspect, and audit the following elements of the RMP: (A) Written Management System, i (B) Process Safety Information, (C) Process Hazards Analysis and Resulting Action Items, (D) Operating Procedures, (E) Training, (F) Management of Change, (G) Pre-Startup Reviews, (H) Compliance Audits, (I) Incident Investigation, (J) Employee Participation, (K) Hot Work Permit, (L) Contractor Safety, (M) Emergency Response and Notification Plans, (N) Mechanical Integrity, including review of: (i) Quality Analysis/Quality Control Process for Mechanical Inspections, (ii) Protocols, (iii) Calibration& Inspection frequencies, (iv) Inspection Records. October 30, 1996 ORD.NO.96-- Page 6 The review, inspection, and audit provisions of this subsection(d)(1) shall be discontinued after June 21, 1999. (2) The Department shall review, inspect, and audit the stationary source's inherently safer technology considerations for consideration as a process hazards analysis mitigation item, and in the design and review of new processes and facilities. (3) The Department shall review the stationary source's incidents. The Department shall review: (A) Facility incidents recorded with other agencies (e.g.,Bay Area Air Quality Management District, California Occupational Safety and Health Administration), (B) Loss control management policies, (C) Analysis and investigation techniques, (D) Thoroughness of the incident investigation, (E) Follow-up of action items resulting from the investigations, and (F) Information flow regarding results of incidents to and from employees and to and from similar facilities. (4). The Department shall request input from the stationary source's labor-management safety committee(if applicable). The Department shall: (A) Request committee members' input into the review, audit, and inspection, (B) Review minutes from committee meetings, (C) Interview Members, and, (D) Through the public participation process,provide for committee members' input on the review, audit, and inspection results. (Ord. 96-_, § 2.) 450-8.020 REQUIREMENTS FOR SAFETY IMPROVEMENTS. (a) Based on the inspection,the Department shall (1) specify to the stationary source particular matters which, in the judgment of the Department, constitute clearly identifiable, substantial risks to community safety; and(2) direct the stationary source to submit plans to significantly reduce or eliminate such risks. The preliminary determination shall include an explanation of the basis for the proposed modifications or improvements, reflecting industry standards and guidelines (such as the American Institute of Chemical Engineers/Center for Chemical Process Safety guidelines,the American Society of Mechanical Engineers standards, and the American Petroleum Institute standards) to the extent that such standards and guidelines are applicable. (b) Within ninety (90) days after receipt of the specification and direction of the Department, or a longer period as the Department may provide, the stationary source shall submit to the Department plans to significantly reduce or eliminate such risks. Upon receipt of the facility plans, the Department shall conduct a public review of the inspection and plans for October 30, 1996 ORD.NO.96-_ Page 7 improving community safety as provided below. (c) After review of such plans, consultation with the stationary source, and consideration of public input from the public review,the Department shall direct the stationary source to implement measures necessary to significantly reduce or eliminate the identified risks. This directive may (1) adopt the plans submitted by the stationary source, in whole or in part, or(2) modify the plan,to the extent reasonably necessary, in the judgment of the Department,to significantly reduce or eliminate a particular risk or risks. (d) Any measure that the Department directs the stationary source to implement shall: (1) Not be in conflict with any statute,rule or regulations of any Federal, state or local agency; (2) Not be in conflict with any activity authorized in any permit or order issued by any Federal, state or local agency; (3) Be technologically reasonable, (4) Be directly related to the risk identified, and (5) The cost of the measure shall be reasonably related to the benefit resulting from the reduction of the identified risk and shall be commensurate with costs of alternative measures reasonably available to address the identified risk. (e) The Department will issue the stationary source a written final determination of required modifications or improvements. The final determination may adopt or amend the modifications or improvements contained in the stationary source plans. A final determination that adopts a modification or improvement previously rejected by the stationary source shall include an explanation of the basis for the modification or improvement. A final determination that does not adopt substitute modifications or improvements suggested by the stationary source shall include an explanation of the basis for finding such substitute modifications or improvements unreasonable. (f) Measures specified in the final safety report must be completed in a timely manner, but in no case later than the latest of: (1) For changes that do not require a plant shutdown, one year following the date of the final safety report; (2) For measures that require a shutdown, the first scheduled plant shutdown subsequent to one year after adoption of a final inspection report(including appeal); or (3) A schedule agreed to by the Department. (Ord. 96-_, § 2.) 450-8.022 PUBLIC REVIEW OF INSPECTION RESULTS. Upon receipt of plans to improve public safety as provided above, a preliminary determination will be issued and made available to the public for review and comment for a period of not less than forty-five days. The Department shall conduct a public review in a community in the vicinity of the stationary source. The Department shall give notice of the public review to residents located within 300 feet of the October 30, 1996 ORD.NO.96-_ Page 8 stationary source, community organizations that have requested notice, and public agencies with facilities operating within one mile of the stationary source. The public review shall consist of (1) an explanation of the basis for the inspection,the content and conduct of the inspection, the preliminary recommendations and requirements resulting from the inspection, (2) a review of the stationary source's plans for safety improvements, and(3)receipt of the written comments, and response to the written questions of the public. The written questions, comments and concerns of the public shall be considered in completing the final safety report, and specifying measures necessary to significantly reduce or eliminate risks. Disclosure of any trade secret shall only be made pursuant to the Health and Safety Code section 25537.5, as amended from time to time. (Ord. 96-_, § 2.) 450-8.024 RESOLUTION OF DISPUTES CONCERNING REQUIREMENTS FOR SAFETY IMPROVEMENTS. (a) The Board of Supervisors shall establish a hearing board consisting of five members, all of whom shall be residents of Contra Costa County. The members shall be appointed for terms of four years, and shall serve at the pleasure of the Board of Supervisors. (b) The hearing board shall consist of: (1) One member admitted to the practice of law in the State of California, (2) One member who is a professional engineer registered such pursuant to the Professional Engineers Act(Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code), (3) One member from the medical profession whose specialized skills,training, or interests are in the fields of occupational/toxicological medicine, and (4) Two public members. (c) The hearing board shall select a chairperson from among its members. (d) The hearing board may adopt rules for the conduct of its hearings. The rules shall be consistent with this chapter and, so far as practicable, shall conform to the rules for administrative adjudication by state agencies in Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. (e) The hearing board shall hear and decide, after noticed public hearing, appeals from a final safety report of the Health Services Department. An appeal may be taken within ten days after issuance of such final report, and may be taken by any aggrieved parry, including the stationary source. The hearing board shall hold a hearing on an appeal not less than thirty days and not more than sixty days after the filing of the appeal. The decision of the hearing board shall be by majority vote of the whole board and may affirm, overrule, or modify the final determination of the Department. The decision shall be in writing and shall state the facts and reasoning therefor. (f) The appeal to the hearing board shall be only on the following grounds: October 30, 1996 ORD.NO.96-- Page 9 (1) The final determination by the Department was inconsistent with the provisions of Section 450-8.020 (d) 1 through 5. (2) The measures included in the final determination by the Department are insufficient to address the risks identified in the inspection. (3) The measures imposed by the Department in the final determination are not supported by the evidence that was before it. (4) Specified measures imposed by the Department in the final determination are unreasonable. (g) The decision of the hearing board shall be the final administrative determination of the County and shall be subject to judicial review under Code of Civil Procedure §1094.5. (Ord. 96-_, § 2.) 450-8.026 FEES. The Department may,upon a majority vote of the Board of Supervisors, adopt a schedule of fees to be collected from each stationary source subject to the requirements of this chapter. Any inspection/audit fee schedule shall be set in an amount sufficient to pay only those costs reasonably necessary to carry out the requirements of this chapter, including costs of the hearing board, staff and/or consultant time. (Ord. 96-_, § 2.) 450-8.028 PUBLIC INFORMATION BANK. (a) A public information bank shall be established and maintained by the Department to provide ready access to public documents which are currently available only through various regulatory agencies and public libraries. At a minimum, business plan inventories and emergency response plans, RMPs, and Department incident reports shall be made available. To the extent possible,this information shall be available electronically. (b) The public information bank shall be funded by a one-time $10,000 assessment on each stationary source, and shall be available no later than June 30, 1998. (Ord. 96-_, § 2.) 450-8.030 PENALTIES. Regardless of the availability of other civil or administrative remedies and procedures for enforcing this chapter, every act or condition prohibited or declared unlawful by this chapter, and every failure or omission to act as required herein, is a violation of this code and shall be punishable as a misdeameanor. (Ord. 96-_, § 2.) 450-8.032 INTEGRATION WITH CUPA FUNCTION. This chapter expresses, in relevant part,the intent of the County with respect to the implementation of the California Unified Hazardous Waste and Hazardous Materials Management Regulator Program. If and when the County is designated as a Certified Unified Program Agency ("CUPA"), the program October 30, 1996 ORD.NO.96-- Page 10 established by this chapter shall,to the maximum extent feasible, be integrated into the functions of the CUPA. (Ord. 96-_, § 2.) SECTION III. SEVERABILITY. This ordinance shall be construed to achieve its purpose and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the ordinance are declared to be severable and are intended to have independent validity. SECTION IV. PREEMPTION. Nothing in this ordinance is intended, and nor shall it be deemed, to excuse or prevent compliance with any state or federal law. If any provision of this ordinance, of the application thereof to any person or circumstance is found by a court of competent jurisdiction to be preempted by any applicable state or federal law,the Board of Supervisors declares that its intent(1)that such provision be severable from the remainder of the ordinance, and (2)that the remainder of the ordinance be given effect in accordance with the provisions of Section I of this ordinance. In the event of any conflict or inconsistency between this ordinance and applicable federal or state statutes or regulations, the federal or state requirements shall control. SECTION V. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Chair [SEAL] October 30, 1996 ORD.NO.96-_ Page 11 docslneword2.wpd October 30, 1996 ORD.NO.96-_ Page 12 RECEIVED rr OCT 2 2 1996 CLERK BOARD OF SUPERVISORS COUNTY CONTRA COSTA CO. SECTION I. PURPOSE. The purpose of this Ordinance is to ensure safer communities in Contra Costa County by assisting and encouraging industrial companies to maintain safe and healthful facilities. This Ordinance is intended to: (a) Provide for inspection of industrial facilities and require changes that are reasonably necessary to protect the public health and safety; (b) Provide a level of review, inspection, and auditing that exceeds that required under existing regulations such as the Risk Management programs and the Process Safety Management Program; (c) Enhance the communication avenue between facility management and the facility workers; and (d) Provide for public input into the review, inspection, and auditing of industrial facilities and measures to improve community safety. SECTION H. AUTHORITY. This Ordinance is adopted by the County in its regulatory capacity, pursuant to its police power to assure the maintenance, restoration, enhancement, or protection of the environment and provides procedures for protection of the environment and community safety. SECTION III. ADMINISTRATION. The County health officer is charged with the responsibility of administering and enforcing this Chapter. SECTION V. APPLICABILITY. This ordinance shall apply to Program 3 facilities as defined in Section 112(r), Subpart D (Program 3 Prevention Program). ("facility") SECTION VI. INSPECTION. The facility shall provide to the health officer reasonable access to any facility subject to the requirements of this Chapter for the purpose of determining compliance with this Chapter at the following times and under the following circumstances: a. For the purpose of a general safety inspection once every three years at a time specified by the department. The inspection shall be undertaken pursuant to the guidelines set forth in Appendix A. -Page 1 of 5- b. For the purpose of an incident safety inspection, within 60 days of a major incident. Major incident means all accident releases from the facility that resulted in deaths, lost-time injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, or property damage. The inspection shall be conducted with respect to the particular equipment involved pursuant to the guidelines set forth in Appendix A. SECTION VII. REQUIREMENTS FOR SAFETY IMPROVEMENTS (a) Based on the inspection, the Department shall (1) specify to the facility particular matters which, in the judgment of the Department, constitute clearly identifiable, substantial risks to community safety; and (2) direct the facility to submit plans to significantly reduce or eliminate such risks. (b) Within ninety (90) days after receipt of the specification and direction of the Department, or such longer period as the Department may provide, the facility shall submit to the Department plans to significantly reduce or eliminate such risks. Upon receipt of the facility plans, the Department shall conduct a public review of the inspection and plans for improving community safety as provided in Section VIII, below. (c) After review of such plans, and consultation with the facility, and consideration of public input from the public review, the Department shall direct the facility to implement measures necessary to significantly reduce or eliminate the identified risks. This directive may (1) adopt the plans submitted by the facility, in whole or in part, or (2) modify the plan, to the extent reasonably necessary, in the judgment of the Department, to significantly reduce or eliminate a particular risk or risks. (d) Any measure adopted by the Department in modifying a facility's plans shall be: (1) Not in conflict with any statute, rule or regulations of any Federal, state or local agency; (2) Not in conflict with any activity authorized in any permit or order issued by any Federal, state or local agency; and (3) Technologically reasonable; (4) Cost effective. (e) The identification of substantial safety risks, and the measures mandated to remedy them shall be provided to the facility in a final safety report. Copies shall be made available to the public. -Page 2 of 5- (f) Measures specified in the final safety report must be completed in a timely manner, but in no case later than the latest of: (1) one year following the date of the final safety report for changes that do not require a plant shutdown; (2) for measures that require a shutdown, the first scheduled plant shutdown subsequent to one year after adoption of a final inspection report (including appeal); or (3) a schedule agreed to by the Department. SECTION VIII. PUBLIC REVIEW OF INSPECTION RESULTS. Upon receipt of facility plans to improve public safety as provided in Section VII, the County Health Services Department shall conduct a public review in a community in the vicinity of the subject facility. The Department shall give notice of the public review to residents located within 300 feet of the facility, community organizations that have requested notice, and public agencies with facilities operating within one mile of the facility. The public review shall consist of (1) an explanation of the basis for the inspection, the content and conduct of the inspection, the preliminary recommendations and requirements resulting from the inspection, (2) a review of the facility's plans for safety improvements, and (3) receipt of the comments, and response to the questions of the public. The questions, comments and concerns of the public shall be considered in completing the final safety report, and specifying measures necessary to significantly reduce or eliminate risks. SECTION IX. RESOLUTION OF DISPUTES CONCERNING REQUIREMENTS FOR SAFETY IMPROVEMENTS. 1. ESTABLISHMENT OF HEARING BOARD. There is established a hearing board consisting of five members all of whom shall be residents of the County of Contra Costa appointed by the Board of Supervisors, for terms of four (4) years each. 2. COMPOSITION. The hearing board shall consist of: (a) One public member. (b) One member who is a professional engineer registered as such pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). (c) One Certified Industrial Hygienist (certified by the Board of Industrial Hygiene). -Page 3 of 5- (d) One Certified Safety Professional (certified by the Board of Certified Safety Professionals). (e) One member admitted to the practice of law in this state. 3. CHAIR. The hearing board shall select a chair from its members. 4. CONDUCT OF HEARINGS; RULES; LAWS GOVERNING. The hearing board may adopt rules for the conduct of its hearings. The rules shall be consistent with this Chapter and, so far as practicable, shall conform to the rules for administrative adjudication by state agencies in Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. 5. ADMINISTRATIVE APPEALS. The hearing board shall hear and decide, after noticed public hearing, appeals from a final safety report of the Health Services Department. An appeal may be taken within ten (10) days after issuance of such final report. Any aggrieved party, including the facility, may appeal. The hearing board shall hold a hearing on an appeal not less than thirty (30) days and not more than sixty (60) days after the filing of the appeal. The decision of the hearing board shall be by majority vote of the whole board, shall be in writing, and shall state the facts and reasoning for the decision. 6. JUDICIAL REVIEW. The decision of the hearing board shall be the final administrative determination of the County and shall be subject to judicial review under Code of Civil Procedure §1094.5. SECTION X. FEES. The Department may, upon a majority vote of the Board, adopt a schedule of fees to be collected from each business subject to inspection under this Chapter. Any inspection/audit fee schedule shall be set in an amount sufficient to pay only those reasonable costs incurred by the Department including the Hearing Board as a result of carrying out the provisions of the Chapter, including staff and/or outside consultant time. SECTION XI. PENALTIES. The Department may assess a penalty upon a facility for failure to participate in an inspection, and for failure to implement requirements set forth in the final safety report after appeal, if any, as provided in this Chapter. The penalty shall be not less than $500.00, but not more than $10,000.00 for each violation. SECTION XII. INTEGRATION WITH CUPA FUNCTION. This Ordinance expresses, in relevant part, the intent of the County with respect to the implementation of the California Unified Hazardous Waste and Hazardous Materials Management Regulator Program (SB 1082, 993). If and when the County is designated as a Certified Unified Program Agency ("CUPA"), then the program established by the Ordinance will, to the maximum extent feasible, be integrated into the functions of the CUPA. -Page 4 of 5- SECTION XIII. SEVERABILITY. This Ordinance shall be construed to achieve its purpose and preserve its validity. If any provision or clause of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are declared to be severable and are intended to have independent validity. SECTION XIV. PREEMPTION. Nothing in this Ordinance is intended, and nor shall it be deemed, to excuse or prevent compliance with any state or federal law. If any provision of this Ordinance is found by a court of competent jurisdiction to be preempted by any applicable state or federal law, the Board of Supervisors declares that its intent (1) that such provision be severable from the remainder of the Ordinance, and (2) that the remainder of the Ordinance be given effect in accordance with the provisions of Section I of this Ordinance. In the event of any conflict or inconsistence between this Ordinance and applicable federal or state statutes or regulations, the federal or state requirements shall control. SECTION XV. EFFECTIVE DATE. This Ordinance becomes effective 30 days after passage, and within 15 days after 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. -Page 5 of 5- APPENDIX A Protocol for Safety Inspection of Industrial Operations A. Review of RMP and PSM provisions and elements Auditing and Inspections of - Written Management Systems Mechanical Integrity 1. Review of QA/QC Process for Mechanical Inspections 2. Review of Protocols 3. Review of Calibration and Inspection Frequencies 4. Review of Inspection Records - Incident Investigation - Contractor Safety - Operator Training - Process Hazard Analyses and Results - Emergency Response and Notification Plans - Management of Change - Oversight of RMP Development B. Review of Facility Safety Considerations for In-Place Systems (Design & Operation) Review for prevention of incidents or reduction in impact of incidents Review of specific design examples (e.g., less inventory, fail safe systems, redundant systems, etc.) C. Review of all major incidents in past five years for the Facility - Review incidents recorded with other agencies(e.g.,BAAQMD, Cal-OSHA, etc.) - Review of Loss Control Management Policies - Review of analysis and investigation techniques - Review site follow-up action items resulting from incident investigations - Review information flow regarding results of incidents to and from employees and to and from similar facilities - Appendix 1 - J D. Review of Worker and Management Safety Committees Review of Program Suggestions for Improvements E. Review of Public Participation Process - Review of Facility's Program and Past Meeting Notes - Provide public input on process - Provide public input on inspection results - Appendix 2 - STATE OF CALIFORNIA--THE RESOURCES AGENCY PETE WILSON, Gammw CALIFORNIA ENERGY COMMISSION CHARLES R. IM9RECHT Chairman October 22, 1996 RECEIVED The Honorable Jeff Smith OCT 2 21996 Chairman, Board of Supervisors Contra Costa County 651 Pine St., Room 108A CLERK BOARD OF SUPERVISORS Martine?,CA 94553 CONTRA COSTA CO. Dear Chairman Smith: The California Energy Commission has followed with interest the efforts'of the Contra Costa County Board of Supervisors to craft amendments to Chapter 84-63 regarding land use permits for development projects involving hazardous waste or materials. 'These amendments will affect Contra Costa County's four refineries,which are critical to the state's supply of gasoline and diesel fuel. The Energy Commission's primary interest is that local ordinances not disrupt refinery production during emergency repairs and major maintenance,and thus adversely affect fuel supplies and prices. We are aware that the language currently under consideration is subject to further amendment. After discussion with Mr.Tom Adams we are proposing language which we believe will reduce the Commission's concerns. However, we emphasize that even with these amendments,we do not endorse the ordinance,nor do we mean to suggest that the ordinance will not adversely affect fuel supply or prices. Our concerns about the ordinance can be divided into two areas: ernergency repairs and major maintenance work. Emergency repair work should not be delayed by the permit process. We propose the following change. Amend Section 84-63-802 to state: "Projects under Section 84-63-604(c), d and are not required to submit an application pursuant to this section." (Change to the current language is underlined.) The existing proposed amendment submits emergency repair exemptions to a discretionary permit process that would largely negate the usefulness of the exemption. The change we propose will make the exemption meaningful. Regarding major maintenance,we recommend the followingchanges. First, amend Section 84-63-430(definition of"Public Safety Agreement")to inclde an additional subsection that reads as follows: "The Public Safety Agreement should provide a range of dates for maintenance; these dates may be extended by the County for the purpose of assuring state fuel supplies." This language will provide flexibility for a refinery subject to an Agreement to continue to operate if one or more other refineries are already down for emergency repairs or damaged by a natural disaster. (916) 654-5000 1516 Ninth Street, Sacramento, Catif"a 95814.5512 FAX. (916) 6544420 The Honorable Jeff Smith October 22, 1996 Page 2 Second,the same subsection should be amended to clarify that the need for extra work during a major maintenance can be completed as part of that maintenance,as follows: "(g)Provisions that would permit the completion of necessary work discovered to be necessary in the course of a major maintenance." The above changes improve the workability of the proposed ordinance by increasing its flexibility regarding both emergency repairs and major maintenance. We greatly appreciate your serious consideration of these comments, and the helpfulness of Mr. Adams in explaining the various details of the proposed ordinance to us. Sincerely, CHARLES R. �IMMB4REC Chairman cc: Supervisor Jim Rogers Supervisor Gayle Bishop Supervisor Mark DeSaulnier Supervisor Tom Torlakson County Administrator Phil Batchelor Tom Adams Current ENVIRONMENT REPORTER ,rain mA tc ��- A weekly review of pollution control and related environmental management problems Vol. 27, No. 23, Pages 1305-1336 THE BUREAU OF NATIONAL AFFAIRS, INC. October 11, 1996 A RISK MANAGEMENT PROGRAM established by EPA that requires .nearly 70,000 facilities that manufacture or handle hazardous chemicals to develop detailed risk manage- ment plans to prevent accidental chemical releases into the air is challenged in a lawsuit filed by six industry associa- tions against the final rule (p. 1313). EMERGENCY PLANNING Emergency Planning Six Industry Groups Sue EPA Under Air Act Over Risk Management Program Rule-Making Six industry associations have sued the Environmental Protection Agency, claiming a final rule covering risk man- "Most of the complaints relate to the rule's application to agement programs at 70,000 facilities is flawed, an attorney transportation containers at stationary sources—railroad tank for the agency said Oct. 4(Chlorine Institute v EPA, CA DC, cars, cargo trailers, and, potentially, drums and cylinders," No. 96-1279, 8/13/96). Averback added. The lawsuit challenges an EPA final rule that requires Under Section 112(r) of the Clean Air Act, such modes of nearly 70,000 facilities that manufacture or handle hazard- transportation are considered stationary sources, and there- ous chemicals to develop detailed risk management plans to fore are covered under the rules, if no longer under active prevent accidental chemical releases into the air. shipping papers, he said. Jon Averback, an attorney with EP& Office of General DOT Jurisdiction Argued Counsel, told BNA the court has deferred setting a briefing The groups maintain they should not be covered because schedule so the parties can work on a settlement agreement. they believe those types of units only can be regulated by the The Chlorine Institute was the first group to file suit in Transportation Department,Averback said. August, followed in late September by the Chemical Manu- According to statements filed with the court by several of facturers Association, the American Petroleum Institute, the the groups,the RMP rule also fails to coordinate its accident- National Propane Gas Association, the Fertilizer Institute, prevention program with overlapping requirements of the and the International Institute of Ammonia Refrigeration. Occupational Safety and Health Administration's process safety Averback said the groups have raised approximately 10 to management standard. 12 issues in the suit. Most of the issues involve the rule's Peter Gray, an attorney with the Washington office of application to tank cars not under active shipping papers McKenna & Cuneo, representing three of the trade associa- (those that have arrived at their destination but have not yet tions, said Averback's overview of industry concerns was been unloaded),information disclosure,analyses required to correct, but he declined to comment further on the case. predict the consequences of a worst-case accidental release, updates for hazard analysis,and small business concerns,he said. Manufacturers are the prime target of the rule, but cold- storage facilities that use ammonia as a refrigerant, treat- ment plants for public drinking water and waste water,chemi- cal wholesalers, propane retailers, and oil refineries also are covered. E Current [] , NVIRONMENT REPORTERvein ma tc A weekly review of pollution control and related environmental management problems Vol. 27, No. 23, Pages 1305-1336 THE BUREAU OF NATIONAL AFFAIRS, INC. October 11, 1996 A RISK MANAGEMENT PROGRAM established by EPA that requires nearly 70,000 facilities that manufacture or handle hazardous chemicals to develop detailed risk manage- ment plans to prevent accidental chemical releases into the air'is challenged in a lawsuit filed by six industry associa- tions against the final rule (p. 1313). EMERGENCY PLANNING Emergency Planning Six Industry Groups Sue EPA Under Air Act Over Risk Management Program Rule-Making Six industry associations have sued the Environmental Protection Agency, claiming a final rule covering risk man- ~Most of the complaints relate to the rule's application to agement programs at 70,000 facilities is flawed, an attorney transportation containers at stationary sources—railroad tank for the agency said Oct.4(Chlorine Institute v. EPA, CA DC, cars, cargo trailers, and, potentially, drums and cylinders," No. 96-1279, 8/13/96). Averback added. The lawsuit challenges an EPA final rule that requires Under Section 112(r) of the Clean Air Act, such modes of nearly 70,000 facilities that manufacture or handle hazard- transportation are considered stationary sources, and there- ous chemicals to develop detailed risk management plans to fore are covered under the rules, if no longer under active prevent accidental chemical releases into the air. shipping papers, he said. Jon Averback, an attorney with EP& Office of General DOT Jurisdiction Argued Counsel, told BNA the court has deferred setting a briefing The groups maintain they should not be covered because schedule so the parties can work on a settlement agreement. they believe those types of units only can be regulated by the The Chlorine Institute was the first group to file suit in Transportation Department,Averback said. August, followed in late September by the Chemical Manu- According to statements filed with the court by several of facturers Association, the American Petroleum Institute, the the groups,the RMP rule also fails to coordinate its accident- National Propane Gas Association, the Fertilizer Institute, prevention program with overlapping requirements of the and the International Institute of Ammonia Refrigeration. Occupational Safety and Health Administration's process safety Averback said the groups have raised approximately 10 to management standard. 12 issues in the suit. Most of the issues involve the rule's Peter Gray, an attorney with the Washington office of application to tank cars not under active shipping papers McKenna & Cuneo, representing three of the trade associa- (those that have arrived at their destination but have not yet tions, said Averback's overview of industry concerns was been unloaded),information disclosure,analyses required to correct, but he declined to comment further on the case. predict the consequences of a worst-case accidental release, updates for hazard analysis,and small business concerns, he said. Manufacturers are the prime target of the rule, but cold- storage facilities that use ammonia as a refrigerant, treat- ment plants for public drinking water and waste water,chemi- cal wholesalers, propane retailers, and oil refineries also are covered. E Current jE.11 _NVIRONMENT REP ORTER vein mantc A weekly review of pollution control and related environmental management problems Vol. 27, No. 23, Pages 1305-1336 THE BUREAU OF NATIONAL AFFAIRS, INC. October 11, 1996 A RISK MANAGEMENT PROGRAM established by EPA that requires nearly 70,000 facilities that manufacture or handle hazardous chemicals to develop detailed risk manage- ment plans to prevent accidental chemical releases into the air is challenged in a lawsuit filed by six industry associa- tions against the final rule (p. 1313). RECEIVED OCT 2 21996 EMERGENCY PLANNING CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Emergency Planning Six Industry Groups Sue EPA Under Air Act Over Risk Management Program Rule-Making Six industry associations have sued the Environmental P "Most of the complaints relate to the rule's application to Protection Agency, claiming a final rule covering risk man- transportation containers at stationary sources—railroad tank agement programs at 70,000 facilities is flawed, an attorney for the agency said Oct. 4(Chlorine Institute a EPA, CA DC, cars, cargo trailers, and, potentially, drums and cylinders, No. 96-1279, 8/13/96). Averback added. The lawsuit challenges an EPA final rule that requires Under Section 112(r) of the Clean Air Act, such modes of facilities that manufacture u handle hazard- transportation are considered stationary sources, and there- nearly lawsuit ' ous chemicals to develop detailed risk management plans to fore are covered under the rules, if no longer under active shipping papers, he said. prevent accidental chemical releases into the air. Jon Averback, an attorney with EPAs Office of General DOT Jurisdiction Argued Counsel, told BNA the court has deferred setting a briefing The groups maintain they should not be covered because schedule so the parties can work on a settlement agreement. they believe those types of units only can be regulated by the The Chlorine Institute was the first group to file suit in Transportation Department,Averback said. August, followed in late September by the Chemical Manu- According to statements filed with the court by several of facturers Association, the American Petroleum Institute, the the groups,the RMP tole also fails to coordinate its accident- National Propane Gas Association, the Fertilizer Institute, prevention program with overlapping requirements of the and the International Institute of Ammonia Refrigeration. Occupational Safety and Health Administration's process safety Averback said the groups have raised approximately 10 to management standard. 12 issues in the suit. Most of the issues involve the rule's Peter Gray, an attorney with the Washington office of application to tank cats not under active shipping papers McKenna & Cuneo, representing three of the trade associa- (those that have arrived at their destination but have not yet tions, said Averbacks overview of industry concerns was been unloaded),information disclosure,analyses required to correct, but he declined to comment further on the case. predict the consequences of a worst-case accidental release, updates for hazard analysis,and small business concerns, he said. Manufacturers are the prime target of the rule, but cold- storage facilities that use ammonia as a refrigerant, treat- ment plants for public drinking water and waste water,chemi- cal wholesalers, propane retailers, and oil refineries also are covered. RECEIVE® ADDITIONAL EXEMPTION OCT 2 2 1996 CLERK BOARD OF SUPERVISORS 84-63 . 604 . CONTRA COSTA CO. (g) A major maintenance project at a facility covered by a Risk Management Plan (RMP) in compliance with Section 112 (r) of the Clean Air Act, its implementing regulations and State Health and Safety Code Chapter 6. 95, Article 2 , or a Risk Management and Prevention Program (RMPP) in compliance with Health and Safety section 25536 . 5, provided: (1) For purposes of the RMP or RMPP, all materials and wastes classified as Hazard Category A or B under this ordinance shall be deemed to be "regulated substances, " except that for materials and wastes without a threshold quantity specified in state or federal law or regulation, the threshold quantity shall be 10, 000 pounds; (2) The RMP or RMPP has been reviewed and approved by the Health Services Department within three years prior to - the time the major maintenance project application is submitted to the Department; and (3) The RMP or RMPP includes any measures which the Health Services Department has determined, after at least a 45 day public comment period, are reasonably necessary, taking into account technological feasibility and cost effectiveness, to make the RMP or RMPP effective to protect the environment and the health or safety of persons from potentially substantial risks; and . (4) The facility has been subjected to an annual audit by the Health Services Department to determine compliance with the RMP or RMPP, and measures required by the Health Services Department pursuant to subparagraph 3 above of this . subsection, and the facility has implemented, or has agreed to implement within a reasonable time period, all corrective measures required by the Health Services Department; and (5) There has been an opportunity for any member of the public to obtain review of any determinations by the Health Services Department by the County Board of Supervisors. A1065.129 ADDITIONAL EXEMPTION 84-63 . 604 . (g) A major maintenance project at a facility covered by a Risk Management Plan (RMP) in compliance with Section 112 (r) of the Clean Air Act, its implementing regulations and State Health and Safety Code Chapter 6. 95, Article 2 , or a Risk Management and Prevention Program (RMPP) in compliance with Health and Safety section 25536. 5, provided: (1) For purposes of the RMP or RMPP, all materials and wastes classified as Hazard Category A or B under this ordinance shall be deemed to be "regulated substances, " except that for materials and wastes without a threshold quantity specified in state or federal law or regulation, the threshold quantity shall be 10, 000 pounds; (2) The RMP or RMPP has been reviewed and approved by the Health Services Department within three years prior to the time the major maintenance project application is submitted to the Department; and (3) The RMP or RMPP includes any measures which the Health Services Department has determined, after at least a 45 day public comment period, are reasonably necessary, taking into account technological feasibility and cost effectiveness, to make the RMP or RMPP effective to protect the environment and the health or safety of persons from potentially substantial risks; and (4) The facility has been subjected to an annual audit by the Health Services Department to determine compliance with the RMP or RMPP, and measures required by the Health Services Department pursuant to subparagraph 3 above of this subsection, and the facility has implemented, or has agreed to implement within a reasonable time period, all corrective measures required by the Health Services Department; and (5) There has been an opportunity for any member of the public to obtain review of any determinations by the Health Services Department by the County Board of Supervisors. A1065.129 ADDITIONAL EXEMPTION 84-63 . 604 . (g) A major maintenance project at a facility covered by a Risk Management Plan (RMP) in compliance with Section 112 (r) of the Clean Air Act, its implementing regulations and State Health and Safety Code Chapter 6. 95, Article 2 , or a Risk Management and Prevention Program (RMPP) in compliance with Health and Safety section 25536. 5, provided: (1) For purposes of the RMP or RMPP, all materials and wastes classified as Hazard Category A or B under this ordinance shall be deemed to be "regulated substances, " except that for materials and wastes without a threshold quantity specified in state or federal law or regulation, the threshold quantity shall be 10, 000 pounds; (2) The RMP or RMPP has been reviewed and approved by the Health Services Department within three years prior to the time the major maintenance project application is submitted to the Department; and (3) The RMP or RMPP includes any measures which the Health Services Department has determined, after at least a 45 day public comment period, are reasonably necessary, taking into account technological feasibility and cost effectiveness, to make the RMP or RMPP effective to protect the environment and the health or safety of persons from potentially substantial risks; and (4) The facility has been subjected to an- annual audit by the Health Services Department to determine compliance with the RMP or RMPP, and measures required by the Health Services Department pursuant to subparagraph 3 above of this subsection, and the facility has implemented, or has agreed to implement within a reasonable time period, all corrective measures required by the Health Services Department; and (5) There has been an opportunity for any member of the public to obtain review of any determinations by the Health Services Department by the County Board of Supervisors. A1065.129 CRANE EARTH WORK RVICE WINTON JONES CONTRACTOR, INC. PAVNGSEEQUIPMENT RENTALS LICENSE NO. 153320 1949 ARNOLD INDUSTRIAL WAY CONCORD,CALIF.94520 PH:(415)682-1870 CONCORD CRANE & RENTALS CO. 1949 ARNOLD INDUSTRIAL WAY CONCORD,CALIFORNIA 94520 (Since.1954) 1 License No.276260•Phone(510)682-1870 Day or Nite FAX(510)682-0243 October 22 , 1996 Contra Costa County Board of Supervisors Re: Land Use Permit #2009-92 Land Use Ordinance #96-20 and Amendments We object to the politics of others interfering with Contra Costa County Supervisors regarding the above items . Attached are letters regarding our position. Sincerely, I Winton Jones ,Prent ' WINTON JTRACTO R INC. CONCORD CRANE & RENTALS CO. r ONE Q LINK BELTS, 14 -30 - 35 -45 -55 -82 TON + 5800 HOE 100 & 165 TON AMERICAN- 10 - 18 -30 -50 -65 -80 TON GROVES CRANES-CONVENTIONAL TO 360 FT.-HYDRAULIC TO 200 FT.HOES-CASE&LINK BELT TRUCKS-EUCLID ROCK-VACUUM TANKERS-END DUMPS HOPPERS-LOBEDS-BOBTAILS-TEN WHEELERS-WATER TANKERS DOZERS-CAT 03W-4-5-6W-7-8-9-12G LOADERS-950-966-963-973 SCRAPERS-613-630-631 COMPACTORS-DYNAPACS&HYSTERS-CAT 825&815 FOR RENT— HOURLY OR CONTRACT CONCORD CRANE & RENTALS CO. 1949 ARNOLD INDUSTRIAL WAY CONCORD, CALIFORNIA 94520 (Since 1954) License No.276260•Phone(510)682-1870 Day or Nite _.....�_ FAX(510)682-0243 October 21 , 1996 Supervisor Jeff Smith Contra Costa County RE : Shell Oil 651 Pine Room 108a Fax 646-1396 Martinez, CA 94553 . Dear Jeff, We are a crane rental company working daily at Shell Martinez Refinery since 1954 - doing equipment rental of cranes . We object to outside pressures and interference by politics in regulating current Shell Land use ordinances . Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0. 49 . Why must we as citizens, union members and tax payers be involved in discretionary land use permits . We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees, friends and neighbors. Sincerely) Winton Jones �JJ Nathalie Jones Post-it®Fax Note 7671 ,Z Date Q_,2 -0 L pag°es� To J Crn, Fro .] NTo J o tvE s Co./Dep c` Co. Phone# c71) Phone# Fax# $ D 6LA"I Itl I- Fax# #, CRANE EARTH WORK VII I N T O N JO N E S CONTRACTOR, INC. PAVINGSERVICE EQUIPMENT RENTALS LICENSE NO. 153320 1949 ARNOLD INDUSTRIAL WAY CONCORD,CALIF.94520 PH:(415)882-1870 October 21 , 1996 Supervisor Jeff Smith Contra Costa County RE : Shell Oil 651 Pine Room 108a Fax 646-1396 Martinez, CA 94553 Dear Jeff, We are union contractors ( since 1923, part of four generations in Contra Costa County) working daily at Shell Martinez Refinery since 1946 - doing maintenance work and equipment rentals . We object to outside pressures and interference by politics in regulating current Shell Land use ordinances. Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0 . 49 . Why must we as citizens and tax payers be involved in discretionary land use permits. We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees , friends and neighbors . Sincerely "-� Winton Jones i t lam`.-�'i._li.�-._P.:' i �- .r•27'-�-1.-2_,,:, . Nathalie Jones ±� i ,«Eft;y-� r4��r�.ir�'��•. �i •=°-�#`0LINK BELTS, 14 - 30 - 35 -45 - 55 -82 TON + 5800 HOE 100 & 165 TON,AMERICAN-- 10 - 18 -30 -50 -65 -80 TON GROVES CRANES—CONVENTIONAL TO 360 FT.-HYDRAULIC TO 200 FT.HOES—CASE&LINK BELT TRUCKS—EUCLID ROCK-VACUUM TANKERS-END DUMPS HOPPERS-LOBEDS-BOBTAILS-TEN WHEELERS-WATER TANKERS DOZERS—CAT 03W-4-5-6W-7-8-9-12G LOADERS—950-966-963-973 SCRAPERS—613-630-631 COMPACTORS—DYNAPACS&HYSTERS-CAT 825&815 FOR RENT— HOURLY OR CONTRACT CONCORD CRANE & RENTALS CO. 1949 ARNOLD INDUSTRIAL WAY CONCORD, CALIFORNIA 94520 (Since 1954) License No.276260•Phone(510)682-1870 Day or Nite i FAX(510)682-0243 October 21 , 1996 Supervisor Gayle Bishop Contra Costa County RE: Shell Oil 18 Crow Canyon Ct. Ste 120 Fax 820-6627 San Ramon, CA 94583 Dear Gayle , We are a crane rental company working daily at Shell Martinez Refinery since 1954 - doing equipment rental of cranes . We object to outside pressures and interference by politics in regulating current Shell Land use ordinances . Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0. 49 . Why must we as citizens , union members and tax payers be involved in discretionary land use permits . We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees , friends and neighbors . Sincerely Winton Jones Nathalie Jones t# tntc at ,2 - b pa°qes� — From l NTO NJtiSCo.Phone# 8r'Z_%$�0Fax# ZT O 2 L3 ® E 7A /� CRANE SERVICE EARTH WORK 1i'!/i N T O N JONES C®N T R A C T®R, INC. PAVING EQUIPMENT RENTALS LICENSE NO. 163320 1949 ARNOLD INDUSTRIAL WAY CONCORD,CALIF.94620 PH:(416)682-1870 October 21 , 1996 Supervisor Gayle Bishop Contra Costa County RE : Shell Oil 18 Crow Canyon Ct. Ste 120 Fax 820-6627 San Ramon, CA 94583 Dear Gayle , We are union contractors ( since 1923 , part of four generations in Contra Costa County) working daily at Shell Martinez Refinery since 1946 - doing maintenance work and equipment rentals . We object to outside pressures and interference by politics in regulating current Shell Land use ordinances . Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0 . 49 . Why must we as citizens and tax payers be involved in discretionary land use permits . We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees , friends and neighbors . Sincerely, 6. j Winton Jones r ' Nathalie Jones/ sr LINK BELTS, 14 - 30 - 35 -45 - 55 - 82 TON + 5800 HOE 3 100& 165 TON AMERICAN- 10 - 18 -30 -50 -65 -80 TON GROVES CRANES-CONVENTIONAL TO 360 FT.-HYDRAULIC TO 200 FT.HOES-CASE&LINK BELT TRUCKS-EUCLID ROCK-VACUUM TANKERS-END DUMPS HOPPERS-LOBEDS-BOBTAILS-TEN WHEELERS-WATER TANKERS DOZERS-CAT 03W-4-5-6W-7-8-9-12G LOADERS-950-966-963-973 SCRAPERS-613-630-631 COMPACTORS-DYNAPACS&HYSTERS-CAT 825&815 FOR RENT— HOURLY OR CONTRACT CONCORD CRANE & RENTALS CO. 1949 ARNOLD INDUSTRIAL WAY \ � CONCORD, CALIFORNIA 94520 \\ (Since 1954) ' License No.276260•Phone(510)682-1870 Day or Nite FAX(510)682-0243 ' October 21 , 1996 Supervisor Jim Rogers Contra Costa County RE : Shell Oil 10037 37th Fax 374-3429 Richmond, CA 94805 Dear Jim, We are a crane rental company working daily at Shell Martinez Refinery since 1954 - doing equipment rental of cranes. We object to outside pressures and interference by politics in regulating current Shell Land use ordinances. Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0 . 49 . Why must we as citizens, union members and tax payers be involved in discretionary land use permits . We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees , friends and neighbors . Sincerely- Winton incerelyWinton Jones Nathalie Jone's Post-it®Fax Note 7671 Date'0-2,- pages 2 To Fro N�3 Co./Deft tl Co. j Phone# Phone# O j Fax# 39 4_ 2 Fax# Es O CRANE SERVICE EARTHWORK JONES N E CONTRACTOR, INC. .PAVING EQUIPMENT RENTALS LICENSE NO.163320 1949 ARNOLD INDUSTRIAL WAY CONCORD,CALIF.94620 PH:(416)682-1870 October 21 , 1996 Supervisor Jim Rogers Contra Costa County RE : Shell . Oil 10037 37th Fax 374-3429 Richmond, CA 94805 Dear Jim, We are union contractors ( since 1923 , part of four generations in Contra Costa County) working daily at Shell Martinez Refinery since 1946 - doing maintenance work and equipment rentals . We object to outside pressures and interference by politics in regulating current Shell Land use ordinances. Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0. 49 . Why must we as citizens and tax payers be involved in discretionary land use permits. We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees , friends and neighbors . S incerely '� Winton Jones G� ! /� Nathalie JonesL/ all LINK BELTS, 14 -30 - 35 -45 - 55 - 82 TON + 5800 HOE 100 & 165 TON AMERICAN — 10 -18 -30 -50 -65 -80 TON GROVES CRANES-CONVENTIONAL TO 360 FT.-HYDRAULIC TO 200 FT.HOES-CASE&LINK BELT TRUCKS-EUCLID ROCK-VACUUM TANKERS-END DUMPS HOPPERS-LOBEDS-BOBTAILS-TEN WHEELERS-WATER TANKERS DOZERS-CAT D3W-4-5-6W-7-8-9-12G LOADERS-950-966-963-973 SCRAPERS-613-630-631 COMPACTORS-DYNAPACS&HYSTERS-CAT 825&815 FOR RENT— HOURLY OR CONTRACT CONCORD CRANE & RENTALS CO. 1949 ARNOLD INDUSTRIAL WAY CONCORD. CALIFORNIA 94520 (Since 1954) License No.276260-Phone(510)682-1870 Day or Nite FAX(510)682-0243 October 21 , 1996 Supervisor Mark De Saulnier Contra Costa County RE : Shell Oil 2425 Bisso Lane Ste 110 Fax 646-5767 Concord, CA 94520 Dear Mark, We are a crane rental company working daily at Shell Martinez Refinery since 1954 - doing equipment rental of cranes. We object to outside pressures and interference by politics in regulating current Shell Land use ordinances . Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0. 49 . Why must we as citizens, union members and tax payers be involved in discretionary land use permits. We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees , friends and neighbors . Since-r_e1ly, Winton Jon",--- Nathalie Jones J Post-RO Fax Note 7671 4�? `_ b pages 2, ToM41 C� VLt4I From\A, ,,,, o�On}ES Co./D Co. Phone# Phone# 6 OQ 2_ S-7 O Fax# r_ L 1 lo _5 Fax# & 2-^O Z+20 1Q `T I A c CRANE SERVICE EARTH WORK `n, �I r TON N E S CONTRACTOR, INC. PAVING EQUIPMENT RENTALS LICENSE NO. 163320 1949 ARNOLD INDUSTRIAL WAY CONCORD,CALIF.94620 PH:(416)682-1870 October 21 , 1996 Supervisor Mark De Saulnier Contra Costa County RE : Shell Oil 2425 Bisso Lane Ste 110 Fax 646-5767 Concord, CA 94520 Dear Mark, We are a crane rental company working daily at Shell Martinez Refinery since 1954 - doing equipment rental of cranes . We object to outside pressures and interference by politics in regulating current Shell Land use ordinances. Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0 . 49 . Why must we as citizens , union members and tax payers be involved in discretionary land use permits . We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees, friends and neighbors . Sincerely, Winton Nathalie Jone"*v, u LINK BELTS, 14 - 30 - 35 -45 - 55 -82 TON T 5800 HOE { n 100 & 165 TON AMERICAN - 10 - 18 -30 -50 -65 -80 TON GROVES CRANES-CONVENTIONAL TO 360 FT.-HYDRAULIC TO 200 FT.HOES-CASE&LINK BELT TRUCKS-EUCLID ROCK-VACUUM TANKERS-END DUMPS HOPPERS-LOBEDS-BOBTAILS-TEN WHEELERS-WATER TANKERS DOZERS-CAT D3W-4-5-6W-7-8-9-12G LOADERS-950-966-963-973 SCRAPERS-613-630-631 COMPACTORS-DYNAPACS&HYSTERS-CAT 825&815 FOR RENT— HOURLY OR CONTRACT CONCORD CRANE & RENTALS CO. ! cam 1949 ARNOLD INDUSTRIAL WAY CONCORD, CALIFORNIA 94520 (Since 1954) License No.276260•Phone(510)682-1870 Day or Nite FAX(510)682-0243 October 21 , 1996 Supervisor Tom Torlakson Contra Costa. County RE: Shell Oil 300 East Leland Rd Ste 100 Fax 427-8142 Pittsburg, CA 94583 Dear Tom, We are a. crane rental company working daily at Shell Martinez Refinery since 1954 - doing equipmept rental of cranes. We object to outside pressures and interference by politics in regulating current Shell Land use ordinances. Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0. 49 . Why must we as citizens , union members and tax payers be involved in discretionary land use permits. We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees, friends and neighbors. Sincerely, Winton 'Jon--s Nathalie Jones Post-it®Flax Note 7671 DatfU_ _ pages" 2 T 10RLA Fro r� Co. e t. cJ J _/ Co. Phone# Y Phone# Fax# 1S rL� (� tF.x# CRANE ■ N T O N J ®N E V C O Y T R A C i O R, INC. PAV NGSE EARTHWORK v SRVICE EQUIPMENT RENTALS LICENSE NO.163320 1949 ARNOLD INDUSTRIAL WAY CONCORD,CALIF.94620 PH:(416)682-1870 October 21 , 1996 Supervisor Tom Torlakson Contra Costa County RE : Shell Oil 300 East Leland Rd Ste 100 Fax 427-8142 Pittsburg, CA 94583 Dear Tom, We are union contractors ( since 1923 , part of four generations in Contra Costa County) working daily at Shell Martinez Refinery since 1946 - doing maintenance work and equipment rentals. We object to outside pressures and interference by politics in regulating current Shell Land use ordinances . Our activities in turn arounds have been a "Zero Accident Program, and have a near perfect record as evidenced by our EMR rating of 0 . 49 . Why must we as citizens and tax payers be involved in discretionary land use permits . We are proud of our working conditions and relationship at Shell Refinery. Changes are not needed to existing land use ordinances #96-30 for repair and maintenance . We are committed to the health and safety of our employees , friends and neighbors . Sincerely, Winton Jones Nathalie Jones' 6y. I K , > ,. LINK BELTS, 14 -30 -35 -45 - 55 - 82 TON + 5800 HOE - 100 & 165 TON AMERICAN- 10 - 18 -30 -50 -65 -80 TON GROVES CRANES-CONVENTIONAL TO 360 FT.-HYDRAULIC TO 200 FT.HOES-CASE&LINK BELT TRUCKS-EUCLID ROCK-VACUUM TANKERS-END DUMPS HOPPERS-LOSEDS-BOBTAILS-TEN WHEELERS-WATER TANKERS DOZERS-CAT 03W-4-5-6W-7-8-9-12G LOADERS-950-966-963-973 SCRAPERS-613-630-631 COMPACTORS-DYNAPACS&HYSTERS-CAT 825&815 FOR RENT — HOURLY OR CONTRACT Request to Speak Form ('Three (3) Minute Limit) Name: �.�•v.�r __ - �"t'j Phone: 7 S-1 - Address: 32-4 City: V 7-r 0 C/d, Sv I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22. 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b% stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). - ' OCT 21 1.96 08:18AM PROJECT MANAGEMENT P.1 Request to Speak Form (Three(3)Minute Limit) Name: I Phone: :address: IUl GE R.Ott City: i I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D . 10 , Date: October 2.2, 1996. My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: 'Y bfiLrsws -h-io j,8 NU�'�11Nei M 'CLQAls Am AAM Tb y.11 N Vorsrt <►►��Zh6 GU�� DG 511 �`C�� 'L,L� C4it1— C�'0.h1. l�'s��-s isfl'C �,R.m tYLc� t1lg►,�tsw1 l��fJw ��Q� SPEAKERS 1. Deposit the"Request to Speak'form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called onto make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether,you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your,presentation to three minutes. .Avoid repeating comments made by previous speakers. (The Chair may limit length.of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: ./� f7� /Di�l L Phone: 432 -6-Ig Address: �8�g /�'l�y �-s G(J/�� City: 1477,0G�f/ I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 Date: October 22, 1996. My comments will be: general for against xxx / I wi alk on the subject of o noo speak but leave these comments for the Board to Consider: I oproposed amendments to county ordinance 96-20 that would uire 1 d use permits for any ma'or maintenance or new construction r ' Furthermore I urge you to keep the current scoring mechanism t:'Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b\ stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). /022 9� Request to Speak Form (Three (3) Minute Limit) Name: Richard Graham Phone: 510-757-2193 Address: 407 Harlow Dr. City: Antioch, Ca. 94509 I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against X_. I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I am unable to appear in person as I will be out of the state on this date. I am however totally opposed to any further regulation of the industries in the area by the county. The county has gone too far in the past and is presently attempting to regulate in an arena that is already over regulated by state, federal and even county law. It is important for the employment and financial welfare of the area that the county drop plans to enact the so-called "Good Neighbor Policy". There is nothing good in it! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: _J e Da iA r e I: roti—..- Phone: Address: 13Z PAPrc�f C `�_ City: P I am speaking for myself X or organization 'D(?U (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I d not wish to speak but leave these comments for the Board to Consider: I oppose t e proposed amendments to county ordinance 96-20 that would re it and use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called.on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: Phone: Address: `j LD�4c-e OJCity: RoW I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of k I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! o-c--Lo fie' SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microp ne U before your agenda item is to be considered. 6-4-ClY- 2. You will be called on to make your presentation. Please speak into the microphone at the podium.C,,,,,, Mrf�S 3. Begin b-, stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit yo,-,r presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: Pt 0 �Zo� Phone: 0 3-7— g-Ss Address: 1 p'( 0 V Gyo �� City: 6A, 3 v I L-G I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b- statins your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Ch.:ir may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: r-eh, ' W r SG hIJ _ Phone: S/a-g 3 z-S3`+7' Address: 16-10 GTum Aeft; Lam City: I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. - Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). 4 DOW METHYESTER PLANT TEL :510-432-5437 Oct 22 '96 6 :44 No .001 P .01/01 Request to Speak Form (Three(3) Minute Limit) Name: 4a, Phone: 5-167 4-3A s4o Z s' Address: 17A Ma rzcr2� K�� City: Q I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 222. 1996. My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider. DO ' � s L7 � y Y P G a l SPEAKERS 1. Deposit the "Request to Speak"form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking_ 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers_ (The Chair may limit length of presentations so a(i persons may be heard). g post-Ir Fax Note 7671 Dalei Pa To From S Co• ColDept. Phone= SG phone 9 S Fax s 3 7 Fax,# Ito Opposition to Contra Costa Ordinance 96-20 proposing discretionary permits for major maintenance projects We, the undersigned, oppose proposed amendments to Contra Costa County Ordinance 96-20 that would require discretionary permits for major maintenance or new construction. We also oppose any changes to the current scoring mechanism. We urge you to leave the current scoring mechanism intact. Do not lower the threshold score for a land use permit from 80 to 60. We urge the Contra Costa County Board of Supervisors to exclude these amendments from the ordinance. Name Address Signature opposing amendments and changes to scoring mechanism C?e loqR 7EV ` 3 I'L 1"fu6f 0Ak� CA , QVJ-0� A� Z'/' {D -,Or G; eCA C-04C�Orc( C4 Z08 Q �✓�c�,nom a 1�r; c%�G� . Opposition to Contra Costa Ordinance 96-20 proposing discretionary permits for major maintenance projects --- - =----�_�- We,the undersigned, oppose proposed amendments to Contra Costa County Ordinance 96-20 that would require discretionary permits for major maintenance or new construction. We also oppose any changes to the current scoring mechanism. We urge you to leave the current scoring mechanism intact. Do not lower the threshold score for a land use permit from 80 to 60. We urge the Contra Costa County Board of Supervisors to exclude these amendments from the ordinance. Name Address Signature opposing amendments and r f 1 changes to scoring mechanism CkUIrAI JI Dow ns CS Qlt U W alV�, C►��N k CA 9��59( 2gt?q EI Doraelo flay Ph i I �, V�f�l� A CA Opposition to Contra Costa Ordinance 96-20 proposing discretionary permits for major maintenance projects We, the undersigned, oppose proposed amendments to Contra Costa County Ordinance 96-20 that would require discretionary permits for major maintenance or new construction. We also oppose any changes to the current scoring mechanism. We urge you to leave the current scoring mechanism intact. Do not lower the threshold score for a land use permit from 80 to 60. We urge the Contra Costa County Board of Supervisors to exclude these amendments from the ordinance. Name Address Signature opposing amendments and changes to scoring mechanism /.;Zoo 'Shack,-ck Zar�arcs e nAlAle � , �rr i'UCn.�C'�e- Request to Speak Form (Three (3) Minute Limit) Name: Michael S. Gipps Phone: 933-7696 Address: 3608 Winchester Place City: Walnut Creek I am speaking for myself X or organization (Name of organization) CHECK ONE: (� I wish to speak on Agenda Item# D - 10 Date: October 22, 1996. My comments will be: general for against_X_. I wish to speak on the subject of X I do not wish to speak but leave these comments for the Board to Consider: I have lived and worked in Contra Costa County for over 15 years. I am opposed to the amendments to ordinance 96-20. The amendments proposed by the Building Trades will not improve safety. The Building Trades will use the"threat" of unfavorable public input during the permit process to extort additional union jobs from the local industry. These amendments are not about safety. These amendments are an attempt by the Building Trades to create more jobs for the union workers. Please vote against these amendments. SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. Request to Speak Form (Three(3)Mnute Limit) Name: Paul R. Mitchell, PE, CPE Phone: 510-830-0229. Address: 566 Fallen Leaf Circle City: San Ramon CA 94583 I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D_- 10 . Date: October 22, 1996. My comments will be: general for against I wish to.speak on the subject of X I do not wish to speak but leave these comments for the Board to Consider: 1 oppose the amendments to Ordinance 96-20 which would require discretionary permits for major maintenance projects.These requirements would add additional unproductive burdens to the proper and timely maintenance of industrial facilities in Contra Costa County. These burdens would also reduce our ability to compete in a global market,which will eventually reduce jobs in Contra Costa County industrial facilities and decrease Contra Costa County tax revenues. Fa x k SPEAKERS 1. Deposit the'Request to Speak"form(on the reverse side)in the box next to the speaker's microphone before your agenda item is to be considered. 2_ You will be called on to make your presentation Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. F 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). t TiT'd 3:)WUW31NIdW MOQ WdbS:V0 96, TZ 130 Request to Speak Form (Three (3) Minute Limit) Name: 14111x4er� � Phone: Address: Z/l ,�j�Cp�/�r�i,✓�J City: I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). RE: Proposed Amendments to County Ordinance 96-20 Item: D-10,Date: October 22, 1996 Name: Mike Stoner Phone: (510)432-5092 Address: 1124 Discovery Way City: Concord CA. I am writing on behalf of myself. I urge yo to oppose t dinance 96-20 as currently written. This Ordinance is reckless and irresponsible. is is a ti en Contra Costa County needs to maintain it's tax-paying base of good employers. Contr a County needs to promote and attract high-technology, high-wage paying business. Ordinance 96-20 does not do this. Ordinance 96-20 is about requiring permits for almost every construction project proposed by industry, as well as about requiring permits for major maintenance projects. To require permits for nearly all new construction projects would unduly delay new construction at all in our county. This would place a stranglehold on high wage paying responsible employers. To require discretionary permits for maintenance projects is a sure way to run major employers OUT of Contra Costa County. It's a sure way to lose good,high paying jobs(and voters). This proposed Ordinance will simply be a means of legalized extortion by union interests. These special interest groups are using the County Supervisors as a pawn in their scheme. These special interest groups will unscrupulously and without good faith delay government and industry proceedings. I urge you to vote NO on the amendment to Ordinance 96-20. Sincerely, Mike Stoner :7 Request to Speak Form.: r 4 (Three(3)Minute Limit) Name: nPhone: { 1 1 1 � �,►-_�r Address: �l� (��2a V'(�V1►�� 1�`Y1S C-�-. City: 1/LGT: 'Vlu I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D. 10 , Date: October 22, 1996, ' My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone befc;= your agenda iters is to be considered. 2. You %%ill be called on to make your presentation. Please speak into the microphone at the podium. 3. Beg::: by stating your name and address and whether you are speaking for yourself or as the rep:e:entative of an organization. 4. Gi%-t :he cierk a copy of your presentation or support documentation if available before speaking. 5. Lin-.::your presentation to three minutes. Avoid repeating comments made by previous speakers. (Th.-Chair may limit length of presentations so all persons may be heard). RE: Proposed Amendments to County Ordinance 96-20 Item: D-10,Date:October 22,1996 Name: Joyce Blom Phone: 510-432-5868 Address: 504 Churchill Downs Court City: Walnut Creek I am writing on behalf of myself. I urge you o oppose to Ordinance 9 0 as currently written. This Ordinance is reckless and irresponsible. Thi is a time when Costa County needs to maintain it's tax-paying base of good employers. Contra Co needs to promote and attract high-technology, high-wage paying business. Ordinance 96-20 does not do this. Ordinance 96-20 is about requiring permits for almost every construction project proposed by industry,as well as about requiring permits for major maintenance projects. To require permits for nearly all new construction projects would stymie new construction at all in our county. This would place a stranglehold on high wage paying responsible employers.To require discretionary permits for maintenance projects is a sure way to run major employers OUT of our county. It's a sure way to lose good,high paying jobs in our county. This proposed Ordinance will simply be a means of legalized extortion. These narrow-minded special interest groups are using the County Supervisors as a pawn in their scheme. These special interest groups will unscrupulously and without good faith delay government and industry proceedings. I urge you to vote NO on Ordinance 96-20. Sincerely, Joyce Blom Request to Speak Form (Three (3) Minute Limit) Name: � T 004�4 yA 12 Phone: 6 697— F?7 Address: 411 Zoo PoPl,,,,r 1 ac— City: C6 N Co-420 I am speaking for myself X or organization (Name of organization) CHECK ONE: 1 I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. \ My comments will be: general for against I wish to speak on the subject of e i i rJAiJC I do not wish to speak but leave these comments for the Board to Consider: I coo -ACA- 50eeer� +\;5 0(L9,t1Jce aNg W L,4 - fit_ Boo(a. 4o fe'%ec.t L-V 50t," -lc Ak&e- owl lAl 6Q co,-.paNkS�fies 4o e ;14 4c. A . U.c- Co n10� �:a',ioA d.. avcr5; e_ "3(n `01\c. owe. 1c�n 1r- C .e ti ke.f r ores X re/sc.4 .ane_ Cr'e-ke.4 oar a�so�kern06,u where- Mpo-rr uwaNs ons e-,< o(`� WOrk �rl�gc G_ Jise. of i�'1ProJeA �t4t ,,! 4 1A1 _8o i4,.s �Maf Wi�� b4 �fCMOS'� iN Minh CJri SP AKERS 1. Deposit the "Request to Speak"form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). OCT 21 196 07:50AM DOW MAINTENANCE P.2/2 Request to Speak Form (Three (3)Minute Limit) Name: a��kS Phone: (5)d) 43z-5&o4 _ Address: 00 S, l.�,XE De. City: Ae.rn6C+4 , Ca. I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D _1Q , Date: October 22. 1996. My comments will be: general for against I wish to spe the subject of X I do not ish to s b leave these comments for the Board to Consider: owe. U*,,au..t, eo-(Oo o.d&UAA ) ,c2S- s decd —" ama4wT.,r ,� s* SPEAKERS (� 1. Deposit the "Request to Speak"form(on the reverse side)in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). OCT 21 '96 09:53AM I AND E P.1/1 Request to Speak Form (Three(3)Minute Limit) Name: Phone: 7 5 4--q 0 o(o Address: 3 y 13 ID A,V i L Ncc-- City: A N-rt o c.K I am speaking for myself X or organization (Name of organization) CHE K ONE: I wish to speak on Agenda Item# D- 1Q , Date: October 22, 1996, My comments will be: general for against�` I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: M\ 13P-U,J i s ±kp- P-+u r Li N U r"of-s N;zf- ULSQ(L►�,+aar� ('((O ZD To C -U =VJb"ST I tj (els t+J Ti-W-t tZ 0244N5M-4A1-1 i N iI;- 2a r 'rem i �9s �F�' �4PQo►w c{+ f2�.�Mo�r�N6 �-►�+� c�f2�►a a...►r-�. -r►��S M^44 �y�� r.2,> ass ►07eR-FoF-eQc^ese-. SPEAKERS 1. Deposit the"Request to Speak' form(on the reverse side)in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three(3)Minute Limit) Name: Richard K. Hellin Phone: 370-6115 Address: 311 Wildcroft Drive City: Martinez I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D- 10 , Date: October 22, 1996. My comments will be: general for against I wish to speak on the subject of X I do not wish to speak but leave these comments for the Board to Consider: I am a registered Professional Engineer in California(CH 4943). This proposed ordinance would do NOTHING to increase the REAL safety of petroleum and chemical plants. The ordinance would effectively deter investment in current or new plants, and would make many companies move investments and jobs away from Contra Costa.County. I urge you to vote against this proposal. SPEAKERS 1. Deposit the"Request to Speak"form(on the reverse side)in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Thra% (3)Minute Limit) Name: c.%�l�� UU Phone: -T 13-c Address: %X0 Aevn City: t I Gash I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D• 10 Date: October 22.1996. My comments will be: general for against, .._. I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: L7 gAJP",r 4,: /M &-kc Girmsl—a ss iamp + • r SPEAKERS 1. Deposit the"Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium_ 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers_ (The Chair may limit length of presentations so all persons may be heard). TO/TO' d 200' ON S0: ST 96, 8T 130 ZZZS-Z9-tr-OTS: X3:1 S3NICI21hdNO0 H0: MOC Request to Speak Form (Three (3) Minute Limit) Name: y�-V-0� l� s �7L Phone: Address: 49 FZI� City: , 957-S/7 I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Dater October 22, 1996. I My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction ro'ecL Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating-your name and address and whether you are speaking for yourself or as the representative oan organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit yo,-,r presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). W , Request to Speak Form (Three (3) Minute Limit) Name: B�BE� Fi✓� 50 ___—_T_ Phone: ,S/U',37Q"el9 Address: xr&t; JMA) City: 17,Mee—" I am speaking for myself X or organization (Name of organization) CHECK ONE: 1 I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. ` My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would wire land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b, Stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. S. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: Phone: Z S c) �� 5 Address: 0 �� - - City: I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the -clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: OA ,44 Phone: 41�d--6 Address: ��—�i 7 OAktOAL. f 1-- City: �!-�5�� C4 I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22. 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may 1' t length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: � �,� --, Phone: (SID) -757—/,93`1 Address: 2 q0LI 1 a City: /� v,-�i bre k I am speaking for Myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against_ . I wish to speak on the subject of _ I do not wish to speak but leave these comments for the Board to Consider: I' sA-ra i o o-- yr nce— tle e a 1 u e-, .ati. // D 6 e Q e, i" /1 Q 6f ( Lt A e� i w�1i- Ze,) 1r 1 V SPEAKERS 1. Deposit the 'Requea to`Speak"form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the cleric a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: % /7'f� �, 4j/-0 "Phone: - 79-4-0 99C5 Address: ?>/,3 46)/LGy w City: 7-/0 01V, � I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction prgjecL Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b- stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit yo,-,r presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: 1 M L (Q Pj�_ —TT �2G?'1�_ Phone: S40 aj Address: City: AVJtAA- CA qCS-Or I am speaking for myself X or organization (Name of organization) CHECK ONE: � I wish to speak on Agenda Item# D - 10 , Date: October 22-1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism _intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: - c e s- 1 VlAA444&y"' Phone: � � 7 Address: �L—J (, 2 City: Pt-WS InJ6 I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of V/ I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b\ stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: L,�3 t1L' _l ,�'it V Phone: 4` A -Address: Lon City: Pk—'k ,1 nr I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction poiect. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin bv stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: Phone: �� Address: E � — ' Cit 1r Y• I am speaking for myself X or organization (Name of organizatio CHECK ONE: l I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's'microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b% stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Ch.-ir may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: Lk , BARA44±� Phone: 7 3 �2 cp Address: 5160 GQA':�-: SCity: nm oc-(4 I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any maior maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact Do not lower the threshold for land use permits from the current score of SO to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Spear Form (Three (3) Minute Limit) Name: (✓U7 c in} t/� �j - v ,__ Phone: Address: '90.5 -t_p w f p., City: A N It)C" I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 221996. My comments will be: general for against xxx I wish to speak on the subject of 1 I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: G HE E��--- Phone: Address: J o (o Sl;• W'M aE c-- City: AD I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: 0olor)JID A 2oQG_( __._- Phone: (-70LGS-4 Address: ° VAOL-t_-y P'�� City: VALLt—i-lam I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: �� /�,�Gl?�I -�- Phone: -77 9 Address: 7_3 g C �CC-�J 1�,¢L E G'�� City: Acv 7--?-c' c I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any maior maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will *be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b� Mating your name and address and whether you are speaking for yourself or as the represent-,tive of an organization. 4. Give the --lerk a copy of your presentation or support documentation if available before speaking. 5. Limit yo-:r presentation to three minutes. Avoid repeating comments made by previous speakers. (The Cha:r may limit length of presentations so all persons may be heard). Z z - 9 Request to Speak Form (Three (3) Minute Limit) Name: /laj^c96�-�' __ Phone: 3--7 G Address: �j�Z?�(/1//li1C.�j{ �"P_r� T� City: jn 0- cre4z- I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 221996. My comments will be: general for against xxx 0 I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: 947J l(SutR —__� Phone: q 3 Z— O-L S } Address: Z 1 L O fi i �ti City: I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22. 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: _ Phone: Address: (92�- /�1,,C)6 S 49,"Z— City: 9 Y-�7 eF I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: 0,,,a ,1 01, GGa'/<' ,. _ Phone: �t3 2- Address: Address: City: I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: /�` , G�/ liL aTGl3 T r1 �i✓d T .�- �9��Go c Tzf ;5M� "l e-Iry Ta De i.J lam/`o Jt N��9 . >N� y°�tsi.✓SSS �G-�.rt.�-T€ 1.5 1*i�oo eoy�.✓G-. P�.-�srs'E Qa��T STOP Tf�iS �asi�lr� T'2.�N�. SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). '000 / " Request to Speak Form (Three (3) Minute Limit) Name: &rR r q- g�ePhone: Address: �0- 0 46oX l 7(o City: TTSt��Ji^ v 9`IS-014' I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx 10 I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda itern is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by Stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: ; / 1 '�� --� - Phone: 7 Address: 3 OUI— igoI , c-' C City: 4lV`(aG � I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before ycur agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by Stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the �lerk a copy of your presentation or support documentation if available before speaking. 5. Limit yo_r presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chc_-r may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: c = Phone: /t� Address: 2 9 a-5-- to t D V6rde-0y City: 40�0CA 6q V6 0/ 4% I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit yo,-,r presentation to three minutes. Avoid repeating comments made by previous speakers. (The Ch::ir may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: Phone: 7 2– —S Address: �� ( )5 City: 13AV A01 ry I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin b- stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chir may limit length of presentations so all persons may be heard). v Request to Speak Form (Three (3) Minute Limit) Name: C-, yy Me.1 [co - _- Phone: (57-10� X 32 Address: —�Y,0-�lt?� city: I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against xxx I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: I oppose the proposed amendments to county ordinance 96-20 that would require land use permits for any major maintenance or new construction project. Furthermore, I urge you to keep the current scoring mechanism intact. Do not lower the threshold for land use permits from the current score of 80 to 60. These are anti-business amendments; and I oppose them! SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. 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ZABI BAGHERI i2- I DO NOT SUPPORT THIS AMENDMENT TO LAND USE ORDINANCE 96-20. IF BUILDING TRADES, INDEPENDENT CITIZENS, OR ANY OTHER ORGANIZATION WHO SUPPORT THIS ADDITIONAL RED TAPE, HONESTLY ARE CONCERNED ABOUT THE SAFETY, THEY OWE IT TO THEMSELVES TO LEARN ABOUT THE REALISTIC SAFETY PROGRAMS THAT REFINERIES HAVE IN PLACE. THESE PROGRAMS ARE REAL AND THEY HAVE BEEN CREATED BY THE PEOPLE WHO WORK THERE AND THEY TOO, ARE INTERESTED TO GO TO THEIR LOVE ONES AT THE END OF EACH DAY. THESE PROGRAMS ARE NOT CONTAMINATED WITH POLITICAL GAMES. IF THESE SAFETY PROGRAMS ARE NOT FOLLOWED, THE BOARD OF SUPERVISORS WOULD NOT GET HURT, THE BUILDING TRADES WOULD NOT GET HURT, THE FANCY DANDY LAWYERS WOULD NOT GET HURT,I/WE GET HURT. WE KNOW WHAT IS GOOD FOR US. SAVE TAX PAYERS MONEY FOR EDUCATION, WHICH WE NEED BADLY, SAVE YOUR COUNTY, SAVE JOBS, SAVE CALIFORNIA. NO MORE R. F: D TAPE. Request to Speak Form (Three (3) Minute Limit) Name: Mike Trosclair Phone: Address: City: Concord, CA I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against I wish to speak on the subject of X I do not wish to speak but leave these comments for the Board to Consider: I am opposed to the proposed amendments to Ordinance 96-20. Current restrictions and requirements for industrial expansion are already excessive. In addition, they have been used by labor unions in the past to extort contracts at the exclusion of non-union companies. This is an unacceptable situation that I urge you to remedy, or at the very; least not exacerbate. SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes: Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: John T. Jacobson Phone: 510-778-1830 Address: 2816 Hayes Way City: Antioch I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item # D - 10 , Date: October 22, 1996. My comments will be: general for against I wish to speak on the subject of Xxxx I do not wish to speak but leave these comments for the Board to Consider: I,John Jacobson,request that it be entered into the public record that I stand in OPPOSITION to proposed amendments to ordinance 96-20. I believe, and that expert testimony will bear out, the current EIR require- ments for new projects coupled with current OSHA, EPA,DOHS,BAAQMD regulations for current operations provide more than adequate protection for workers and the general public. The proposed amendments would just create an additional burden on the economic activities of our State and County. SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form (Three (3) Minute Limit) Name: Don Brattesani Phone: 432-5482 Address: 816 Grosvernor Place City: Oakland, California I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against_X_. I wish to speak on the subject of x I do not wish to speak but leave these comments for the Board to Consider: The proposed amendment is unnecessary and not cost effective, and I am opposed to it being passed by the board. SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). OCT 21 '96 10:02AM SPECIALTY CHEMICALS P.1i1 Request to Speak Form (Three(3)Minute Limit) Name: Russ Devereaux Phone: 510-432-5753 Address: 4931 Ridgeview Dr City: Antioch I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D- 10 Date: October 22, 1996. My comments will be: general for against I wish to speak on the subject of X I do not wish to speak but leave these comments for the Board to Consider: I'm unable to be at this meeting but would like to express my opionion on Ordinance 96-20, the Good Neighbor Ordinance. I do not believe that this ordinance,, the way written, will be used to mnake our community a mor,,safe place to live. Instead, I believe this ordinance will be abused by groups to unfairly acquire work by threatening to oppose projects or maintenance. This is not the intent of this ordinance and should not be allowed.This will cause an environment that is just one more reason why businesses do.not want to stay in California. There are better solutions that will have far less impact on the businesses that we should all want to keep here in California paying taxes and providing jobs. SPEAKERS 1. Deposit the "Request to Speak"form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the.clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes_ Avoid repeating comments made by.previous speakers. (The Chair may limit length of presentations so all persons may be heard). OCT 21._'96 11:18AM .DOW CHEM. MEI P.1i1 u Request to Speak Form (Three (3) Minute Limit) Name: John T. Lacobson Phone: 510-778-1830 Address: 2816 Ha es Way City. Antioch I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# DD .10 __ Date: Octnher 22. 1996. My comments will be: general for against I wish to speak on the subject of Xxxx I do not Wish to speakbut leave these comments for the Board to Consider: I,John Jacobson, request that it be entered into the public record that I stand in OPPOSITION to the proposed amendments to ordinance 96-20. I feel, and believe that expert testimony will bear out,that the current EIR re i�,;,rem ants for new prc��e^t=a =d with current OSHA, EPA DOHS,and BAAQMD regulations for current operations, provide more than adequate protection for workers and the general public. The proposed amendments would fust create an additional burden on the economic t activities of tout State and County. SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation.. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you. are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. S. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). DOW :CHLORPYRIDINES TEL �510-432-5272 Oct 21 '96 12 :56 No .005 P .01/01 _Request to Speak Form. (Three (3)Minute.Limit) r Name: Kevin Costa Phone: (510) 680-7939 Address: 1831 Granada Drive City: Concord I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda item# D 10 , Date: October 22.1996. My comments will be: general for against_X� I wish to speak on the subject of i X I do not wish to speak but leave these comments for the Board to Consider. As a 33 year resident of Contra Costa County it concerns me that this board,isn't aware of what the businesses that are facing this issue have done for this county over the past half century.The impact of these businesses and their employees on this county hay.-been tremendous in both economic and social way. Car,this county afford to lose the jobs,economic and social impact that these businesses and their employees deliver to this county and its residents on a daily basis. I DONT THINK SO! Yet, this board continues to make it more and more difficult for the businesses that are following the law and provide high paying,SAFE jobs to employees,into a corner where they will not expand here and may make decisions to shut down instead of dealing with the bureaucratic restraints being placed upon them_i only hope that as a tax paying voting citizen of this county that this board will truly gain the understanding of the impact of these businesses and their employees before they are driven away with uninformed decisions being made. These businesses helped to.build this county and provided a tax base that is now being ignored by this board in an effort to please a segment of the population that has reaped the benefits of thea►l businesses being here for over the past half century. SPEAKERS 1. Deposit the"Request to Speak"form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. Request to Speak Form (Three (3) Minute Limit) Name: Leroy Lui Phone: Address: City: Antioch, CA I am speaking for myself X or organization (Name of organization) CHECK ONE: I wish to speak on Agenda Item# D - 10 , Date: October 22, 1996. My comments will be: general for against I wish to speak on the subject of X I do not wish to speak but leave these comments for the Board to Consider: The amendments to Ordinance 96-20 will be an undue burden to the industries in Contra Costa and I oppose them. This will enable the unions to extort projects from industries by not opposing them in open hearings. This means extra cost to industries by not be able to use a competitive bidding process to get work done. Also hearings required for major shutdowns will put our industry in a non competitive business environment. Plants may have to shutdown if a major piece of equipment fails. If they then have to get a land use permit to fix that equipment, they will be out-of-business. SPEAKERS 1. Deposit the "Request to Speak" form(on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard). Request to Speak Form � ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board Name: 'Phone; 3� v 1 am speaking for myself,.._or organ1zaHm-- �� ("ame d CHECK ONE: 1 .wish to speak on Agenda item #J2)P Det to 2 z 74� MY cornine:rts will be: general 1 wish to speak on the abject04 of 1 do not wish to speak but leave these comments for the Board to cc a Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Phone; 7-Addresw 1 am speaking for rnyselfor organization: *mow of ori -bade ) CHECK ONE 1 wish to speak on Agenda Item #m._ Date: a cV.-a My comments will be: general for against.. I wish to speak on the subject of _. 1 do not wish to speak but leave these comments for the Board to consider. Request t Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers` rostrum before addressing the Board. game: F2 S 1 am speaking for mysf a •� /' _� . P oww Of �� CHECK ONE: 2. .. I wish to speak on Agenda � Date; 1�1 numbs will be: ..._Jor.�.a� tNy com � • wish to speak on the a - i do not wish to speak but leave these conn►nxrts for the Board to consider. Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near t1w speakers' rostrum before addressing the Board. Name: , Phone: 3� - 6 Address: a:j 8 L i v n.� � , M,-,i City: 1 am.speWng for myself_or organ M R C flame of oraantratioN CH ONS Gtox\-- o`nh ,r or� n em 1 wish to speak on A ends Item #_ Date: My Comments will be; general _dor 1 wish to speak on the subject of _____ 1 do not wish to speak but leave these Comments for the Board to consider: Request to Speak Form 11 ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name; phone: 6A 01,6 Address: aya 1 eam'CIV6 I am for f or ization.N, r�, A,11' ��(.� 4 //D�- �w�8 mysei a'8an / *MUM Of or�anE�tioN CHECK ONE: 1 wish to Weak on Agenda Item # Oat /v My comments will be: gerwai _Jbr._&gAnsL— ._. 1 wish to speak on the subject of . I do not wish to speak but leave these comments for the Board to P Request to S eak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Address: City. ,T ., L — z-1 am speaking for myself ,�= or • O me of oism-haunn) CHECK ONE 1 wish to speak on Agenda Item #, L ip Oate:-Z�' --j a r1�G My con unents will be: genwW x for_aaain_.. 1 wish to speak on the abject of Q 10 1 do not wish to speak but leave these comments for the Board to consider. Request to Speak Form C�3D ( THREE t3) MINUTE LIMIT} Cwiplete this form and place It in the box Heir the speakers' estrum before addressing the Board. �n S�crr zos Nance _.,_.. Addh en; -?)oolo BeltnaI)APe Fq MM 1 am speabng for wyw f_,,,_„_or �nK d ONE: �-1�A�DBuS /��i=1%r,�%rJ�'--� D•E'�i��,��,/C� 1 wish to q" on Agenda Item My comments will be: feral 1 wish to Week on the ,object of I do not wish to "A but kne these comments for the Baird to coroi WM - Request to Speak Form < < ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before addressing the Board. Name: 1 c�vy� �--. : evV�U�y1 Phone: 8 d� 417 Address; 'S� 1 am speaking for myself._or organization: O me of orsw ,mfkwO CHECK ONE: 1 wish to speak on Agenda Item 02-12. Date: L` a /'9to My comnwill be: genera! _for_agair�st _ 1 wish to speak on the sub}ect of _. 1 do not wish to speak but leave these comrnerts for the Board to coredder: P Request to S eak Form ( THREE (3) MINUTE LIMIT) Complete this form and place h in the box near the speakers' rostrum before addressing the Board. f Z$o 1:2 Phone: '73�` f7 V,�F A,,ddress: d� o,t �Jll. « 1 am speaking for myself. or organization: Omm of%an zatkm) CHECK ONE: _ 1 wish to speak on Agenda Item #—. Oate: My comments will be: general fbr_vgai . WI 1 wish to speak on the gabled 91 d,sC 4e5;�� . _ I do not wish to speak but leave these comments for the Board to consider: Request to Speak Form 0 ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before a 'ng the Board. rhone. 3 70. tyame: y� qg'6? Address; a? �w zG/d�a-e2 ,De-. cft ,: I am speaking for myself✓or organization: _ Omm of C"Sw va*kwN CH ONE 1� I wish to qwak on Agen& Item -/O pat '0/z-Z A-,(,— My commerrts will be: general #oragai � . I wish to speak on the object of _ I do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers" „estrum before addressing the Board. Name. l� d `� t~hone- Addresw- 1 am speaking for myself or organization: *MW of 011Pdrobw ECSC ONE: 1 wish to speak on agenda Item #L-1 Gate: My comments will be: general ._for._agai 1 wish to speak on the subject of . 1 do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( TH REE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board Name: S'$eye`' L i n w(v► phone3a-- 1430 ( lI l C{ytc �riHe, Su�� 3oa may. VJrc,( i f . G►�er- Co►�cc�l I am speaking for myself_ or organization: Cho"er- OF Comm oww of u E{]C ONE: I wish to speak on Agenda Itern t= Oate: (D q6 My comments will be: general ifor_ *Wnst�=- _ i wish to speak on the abject - . _.._ 1 do not wish to speak but leave these comments for the Board to consider. Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing Ohm Board. Address: l � Lb A� �- I am spealdr* for myself_ or organization: ommwo CHECK ONE: 1 wish to speak on Agenda Item#—)L/ D Date: 1 a :! Z — 9 My comments will be: _for against 1 wish to speak on the subject of ", I do not wish to speak but leave these comrrrersts for the Board to consider: Request to Speak Form, ( THREE (3) MINUTE LIMIT) ar Complete this form and place it in the box near the speakers rostrum before addressing the Board. Name: Ce f 4 F�ctd L? Phone: X86 1-1066 : 5 7 9 ��Z l Eit �i' C tr: Co 4-coyU 1 am.speaWng for myself. or organ • OC4 VV carne of osan�tadtio� CHECK ONE: �. I wish to speak on Agenda Item # aOats: �o/z MY comments will be: general ejor_ ainst . 1 wish to speak on the subject of . 1 do not wish to speak but leave these comments for the Board to consider: Request to Speak Form (.THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. &z�r X tgov Name: lhorre: wrddress. City: ! ant for f_ or izabo n �� myself �n erne Of ntzw w" DUCK ONE: �. 1 wish to speak on Agenda flan #.L-.10 Date:—/-0- My comments will be: general �01'--ate • i wish to speak on the subject of I do not wish to speak but leave these'coINN�ents for the Board to consider. Request to Speak f=orm ( THREE (3) MINUTE LIMIT) a3 Complete this form and place it in the box near the speakers' nostrum before: addressing the Board. Name: .rte b �-,o vY- 'home: 31 ,Z -,S r7 0 2 1 am speaking for myseif--%�for organiutiom ome of orpni:actio o CH ONE: 1 wish to speak on Agenda fW n #_ :te:L- 12 z 14 My comments will be: general ftgai . 1 wish to speak on the subject of . 0 _ 1 do not wish to weak but leave these coisunents for the Board to consider: Request to Speak Form ( THREE (3) Ml N UTE LIMIT) Complete this form and place It in the box near the speakers' lrostrl�j before addressing the Board. �RkGp, lZa!3F.RT5oh1 Phone; 7o-7 427-04? 1 A�ddriess: 359 �..Aac.N*nvv-� c,-r. �Y= r-��iR��f La 1 am speaking for myself=or organization: dame of orgmatrati no CHECK ONE: I wish to speak on Agen& Item #—I.— Dat My comments wilt be: general _ 1 wish to speak on the subject of do not wish to speak but leave these comments for the Board to consider: Request to Speak Fornir----,, ( THREE (3) MINUTE LIMIT) Conrlete this form and place It in the box near the speakers' rostrum befort. addressing the Board. Name; --�oto drone: 3 7 Z- gl l 9 305 Jury(\) 5Lz)PES I am speaking for myself--L�- or orpnitatiom O c w *Mum of o�antzatioN CHECK ONE: 1 wish to speak on Agenda Ilam #= Date -----.- MY oomcnents will be: general _.for_aB9nA 1 wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( THREE (3) MINUTE LIMIT) - C'wvlete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: ).142 ,1 /_-W.5yim,y " oM 7a 7 C y 7-��'S 1 am speaking for myself or argardution: *mum of o p nizalkm) ORM ONE i wish to speak on Agenda Item # lC' pate: Mycomments will be: general _�or_„aBairust ..,�.. I wish to speak on ;;; subject of i do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: L t� 'f10m: 1 am speaking for myself.. or organintion: dame of 9 Vid2num, CHECK ONE: _ 1 wish to speak on Aswda Item # Oat f2L My ents will be: rest 1 wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider. Request to Speak i�O�rm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' nostrum before addressing the Board. d� Name: ' l�+ddress: I am speaking for myself_J�,or organiutior �� Name of oraw wa kO CHECK ONE I wish to speak on Agenda Item Mr will be: general �_a#ai I wish to speak on the subjed of . 1 do not wish to speak but leave these comments for the Board to consider �� Jb JAI dY' L3' l►t�1� /d Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before addressing the Board. Name: 6. phone: -707- -7z1-7-6 id'a Address: Cty�_t8,M >erA 1 am speaking for myself or or pnbztion: Oum of oaw,Fy*#k N DUCK ONE I wish to on /agenda Rem #.. Oates &--a2--22� My comments will be: general ._for_,sairtst�_• _ 1 wish to speak on the subject of . 1 do not wish to speak but leave these comments for the Board to model: O)OID©Se y-A �air t p eer Aeirr'Yt�'�. Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' nostrum before addressing the Board. illame: Q16,06 Aj=FI fLL Phone: Address oj2/0 6�.bl LE, hr, 4/t,172oC,H V41 Nra-'l Jonth C'o4TIZA M(Z- 1 am speaking for myself_ or organization: (2DW!QR D dame of or6an�atioN CHECK ONE: I wish to speak on Agenda Item #9- Date:�-Z 2--�9 L�D My oomnKnts will be: general _for .againsL _.• _ I wish to speak on the abject of 1 do not wish to speak but leave these comments for the Board to corsader: Request ,to SPeak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the board Nal e• nn cru l,eecs phone: 3-70 -c7 AddreM. ckr. Mc-rt net 1 am speaking for myselfor -5ha1 t 011M of of cmrw tioN CHECK ONE ,. I wish to speak on Agenda Item ALL Datez to •22. 9 co My corr►ments will be: general _for_wrai _ i wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to Request to Speak Torm ( THREE (3) MIN UTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. to City'. � /,- 1 am speaking for myself_or organization: game of 0150azarwo CHECK ONE 9 u``v C4 L? 1 wish to speak on Agaxla Item #.—. Oate: �-�- My comments will be: general - I wish.to speak on the subject of . 1 do not wish to speak but leave these comments for the Board to consider.