HomeMy WebLinkAboutMINUTES - 12021997 - D7 D.7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
DATE: December 2, 1997 MATTER OF RECORD
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The Board considered the recommendations of Supervisor
Uilkema relative to the introduction of a proposed Industrial
Safety Ordinance that would replace Ordinance No. 96-50. The
following persons spoke in opposition to the proposal:
Doyle Williams, Plumbers and Pipefitters Union, Local 342 ,
1026 Crystal Court, Walnut Creek;
Tom Adams, Building Trades Council, 652 Gateway, #900,
South San Francisco;
David Nesmith, Sierra Club, (no address noted) ;
Greg Feere, Contra Costa Building Trades Council, 935
Alhambra Avenue, Martinez;
Denny Larson, R.A.P. Coalition, 500 Howard Street, #506,
San Francisco;
Tom Baca, Boilermakers Union, 213 Midway Drive, Martinez;
John Dalrymple, Central Labor Council, 525 Green Street,
Martinez;
Donald Zampa, 146 Old County Road, Tormey; and
Jim Payne, OCAW, P. O. Box 349, Martinez .
All persons desiring to speak were heard.
Following discussion on this matter, the Board agreed to take
no action on the proposed ordinance.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO FORMAL BOARD ACTION TAKEN
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TO: BOARD OF SUPERVISORS Contra
Costa
FROM:
SUPERVISOR GAYLE B. UILKEMA o�_.:_,-_ -•s
County
DATE: November 24, 1997
A CUUNC
SUBJECT:
CONSIDERATION OF AN INDUSTRIAL SAFETY ORDINANCE AND
RELATED ACTIONS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. CONSIDER the attached Industrial Safety Ordinance as proposed by the
Health Services Department.
2. DEFER discussion and introduction of the Industrial Safety Ordinance until
December 9, 1997.
3. Declare the INTENT of the Board of Supervisors to adopt a companion
Ordinance which deals with the issues of worker training and safety as related
to the Industrial Safety Ordinance.
4. Declare the INTENT of the Board of Supervisors that the Industrial Safety
Ordinance would become effective simultaneously with the adoption of a
Worker Training & Safety Ordinance.
5. Declare the INTENT of the Board of Supervisors that Ordinance 96-50 would
be superseded in its entirety upon adoption of both an Industrial Safety
Ordinance and a Worker Training & Safety Ordinance.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONBecember 2, 1997 APPROVED AS RECOMMENDED OTHER
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6. DIRECT the County Administrator to provide the Board of Supervisors by
February 3, 1998 with a compilation of all costs to enforce, negotiate, and
administer Ordinance 96-50 since its adoption. Costs should include staff
costs, materials and supplies expended by the Office of the County
Administrator, Health Services Department, Community Development
Department, County Counsel's Office, the outside attorney's billings, other
appropriate departments and other outstanding costs which have not yet been
paid.
7. DIRECT the County Administrator, at the first meeting of the Board of
Supervisors each month, beginning March 3, 1998, to provide a report to the
Board of Supervisors updating his report from February 3, 1998 on the costs
for implementation of Ordinance 96-50.
8. Agree to APPOINT an appropriately constituted Task Force to formulate and
draft a Worker Training & Safety Ordinance. In this regard, DIRECT the
County Administrator to return to the Board of Supervisors by January 13,
1998 with recommendations for appropriate membership for the Task Force.
9. DIRECT the County Administrator to investigate the possibility of retaining the
Center for Cooperative Solutions at the University of California at Davis to
serve as a facilitator for the Task Force which is being asked to draft a Worker
Training & Safety Ordinance and report back to the Board with his findings
and recommendations by January 13, 1998.
10. FIX an achievable date certain for the Task Force to present a Worker
Training & Safety Ordinance to the Board of Supervisors.
11 . SCHEDULE a date certain for a public hearing on the Worker Training &
Safety Ordinance.
BACKGROUND:
Contra Costa County is spending great deal of taxpayer money in the defense and
implementation of Ordinance 96-50. The funding now going into the defense of the
Ordinance would be better applied to monitoring industrial plants and assuring the
public that the County is aggressively pursuing all measures to control, decrease and
prevent industrial accidents.
The Board of Supervisors has stated collectively and repeatedly that its primary goal
in regard to industrial facilities is to provide the maximum public and worker safety.
It is apparent that as long as the issues of industrial safety and worker training
requirements are co-mingled, it will be extremely difficult to settle the pending
lawsuit or come to agreement as to how the County's goals can be achieved. If we
continue down this path, I believe that:
• Costs will continue to escalate.
• County staff will be constantly bombarded by assertions of non-compliance.
• County Counsel will be inundated by enforcement efforts.
• An endless amount of taxpayer money will be spent.
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It is far more logical to divide the issue of industrial safety from that of worker
certification and training and adopt two separate ordinances. The Board of
Supervisors can easily provide for periodic reviews of the ordinances to assure that
the County is meeting both its industrial safety promise and its responsibility to the
public.
In reviewing the proposal from the Health Services Department, it is apparent that
the focus of its proposed ordinance deals with facility operations, direct reporting
requirements and with root cause analysis that will be used in facility reviews to
attempt to prevent similar accidents. The County is directly involved and assumes
considerable responsibility in the monitoring of industrial facilities. The issues of
worker safety and training are not discussed in the Health Services Department's
proposal.
In view of the fact that Ordinance 96-50 did address the issues of worker safety and
training, it is apparent that if we adopt only the Health Services Department's
proposal, there will be worker safety and training concerns which will not be
addressed. Therefore, it will be necessary to consider a companion ordinance, the
Worker Training & Safety Ordinance.
There is much to be said for the adoption of two ordinances, particularly if we expect
the Ordinance to be long-standing and accomplish the results we seek, not only
today but in the future.
By bifurcating the, issues, the Industrial Safety Ordinance can be modified as
technology changes. It is clear that with issues such as the use of methyl tertiary-
butyl ether (MTBE) and likely changes to the Clean Air Act at the Federal level,
industrial production standards and practices will be impacted. The newly created
Industrial Safety Board is also likely to produce recommendations which will require
technological changes. As a vocal public rightfully demands closer scrutiny of
industrial emissions and their impact on public health, a separate ordinance which
addresses only facility operation can easily be modified to adapt to more stringent
or revised standards as they emerge. Such flexibility allows the County to perform
its public health and enforcement responsibility at a level which is expected by the
public. Such flexibility also allows the County to incorporate the results of root cause
analyses quickly into plant safety operation requirements.
The Industrial Safety Ordinance as proposed by the Health Services Department is
an either/or ordinance. The standards are set and a stationary facility such as a
refinery either does or does not meet the criteria. Regardless of the status of
refinery operations, whether it is a maintenance turnaround or some other project,
compliance levels are established. The County, in its monitoring role, will be able
to determine whether or not health standards are being met. The responsibility is
on the refinery operation to meet the criterion of public health. The standards of the
ordinance are constantly applicable and do not rely on time frames which are
artificially set based on plant operations. The levels of emissions for public health
are clearly stated and compliance can be quickly determined. After adoption by the
Board of Supervisors, the public health standards are immediately set.
Similarly, by bifurcating the issues, the Worker Training and Safety Ordinance can
separately respond to training and certification issues which are integral to newly
established standards. As industrial modifications occur, it is logical to assume that
worker training must change to be able to deal with new technology or work
practices. There is greater flexibility in a separate ordinance which solely deals with
worker certification based on expected standards of training. As new skills are
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needed, the ordinance can be modified to require that training be compatible with
workplace needs and that appropriate levels of training are met by industrial
workers. It is clear that worker training may need to be periodically updated in order
to provide maximum safety. Standards of expectations can be quickly incorporated
as a certification requirement for employment. All of these flexible practices
decrease the chances of industrial accidents by assuring a qualified workforce.
Dr.. Paul Hill, Contra Costa County's safety consultant, stated that Contra Costa
County is light years ahead of other jurisdictions in its monitoring of industrial
facilities. The opportunity to adopt an ordinance which allows modifications based
on root cause analysis and which also recognizes Contra Costa County's advanced
status of monitoring should not be lost or ignored. A flexible ordinance which allows
for modifications aimed at public safety improvements would allow Contra Costa
County to continue its cutting-edge status.
It is in Contra Costa County's best short and long-term interests, from a financial and
public safety point of view, to bifurcate the issues of Ordinance 96-50 and seek to
replace the Ordinance with a workable set of companion ordinances. The issue of
industrial safety regarding facilities can be cleared addressed by adoption of the
Health Services Department's proposal. The issue of Worker Training and Safety
can be addressed by a separate ordinance which is independent from the Industrial
Safety Ordinance proposal and could be formulated by an appointed task force.
Bifurcating these two issues allows Contra Costa County to decrease the possibility
of endless expenses in ongoing negotiations in dealing with co-mingled issues.
However, far more importantly, the adoption of separate ordinances allows greater
flexibility in being able to deal with the basic issues of facility, public and worker
safety in the future. A two-track proposal insures that both critical components of
Ordinance 96-50 are preserved, yet allows for a productive separation of the issues
in order to resolve them. Of even greater benefit, approval of the above
recommendations will produce a plan which is workable and allows for the flexibility
of modification as technology and regulations change in the future.
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3 Contra Costa County D ,7
- � Health Services Department .
ENVIRONMENTAL HEALTH DIVISION
OCCUPATIONAL HEALTH/HAZARDOUS MATERIALS
DATE: August 5, 1997
TO: Phil Batch or, Co ty Adminis ator. 0 S 1997
FROM: Lew Pasc
Deputy Director
Certified Unified am gency, Hazardous Materials
SUBJECT: Land Use Permits and Hazardous Materials Industrial Safety Ordinance
CC: Dr. William Walker
Our office was recently requested to prepare an alternative safety ordinance. In addition,
we are making the following recommendations:
The Good Neighbor Ordinance, 96-50 be replaced with the ordinance supplied in
Attachment A;
The Hazardous Materials Industrial Safety(Attachment B)be referred to the
. Board of Supervisors for consideration, and
Community Development work with industry to develop a requirement for the
issuance of building permits for industrial construction projects.
o-i
The Hazardo aterials Industrial Safety Ordinance would provide the following:
Provides the framework for additional safety requirements at industrial sites; .
.. Requires Process Hazards Analysis for all process units at specified industrial
facilities;
Requires root/underlying cause analysis for catastrophic releases and those events
that could have reasonably become a catastrophic event;
Allows review of root/underlying cause analysis by HSD and independent
conduct of underlying cause analysis by HSD;
. Allows an audit of the specified industrial facilities once every 3 years - audit will
include review of root/underlying cause analysis,preventive maintenance
program, and the site's use of inherently safer technology; and
Provides for public review of the inspection results and facility plans for
mitigations.
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A�TAG�Er1T
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ORDINANCE NO. 97-
(Land Use Permits for Development Projects
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 I. SUMMARY. The County Ordinance Code requires land use permits for
specified development projects involving hazardous waste or hazardous material in the
L-1 light industrial, W-3 controlled heavy industrial, and H-1 heavy industrial.land use
districts. County Ordinance Code Chapter 84-63, added by Ordinance No. 86-100,
regulates land use permits for development projects involving hazardous waste or
hazardous material. This ordinance repeals Chapter 84-63, and adds a new Chapter
84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12
of Chapter 84-63, as added by this ordinance sets forth 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 continue to require land use permits for development projects which
could significantly and 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 84-63.14.
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, is repealed in its
entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance.
SECTION 111. 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 84-63.2
General
84-63,202 Purpose. 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.)
84-63,204 Conflict. 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 § 3, 86-100.)
Article 84-63.4
Definitions
84-63.402 General. 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.)
84-63.404 "Baseline Period." "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-rids project." A"change-in-risk project' means anew 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 § 3.)
84-63.408 "Commercial grope rty." "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 § 3.)
84-63.410 "Development project." (a) A"development project" means a new
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ORD. 97-
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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 "Equipment." "Equipment" means pipes, pumps, vessels and other
similar types of apparatus.
(Ord. 96-20 § 3.)
84-63.416 acili ." "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.)
84-63.418 "Hazardous 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.)
84-63.420 "Hazardous waste." "Hazardous waste" means any substance which
is regulated as a hazardous waste by the California Department of Health Services
under 22 California Administrative Codej 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,
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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ORD. 97-
(2) A waste which meets any of the criteria for the identification of a hazardous
waste adopted by the State Department of Toxic Substance Control pursuant to the
Health &.Safety Code section 25141.
(b) "Hazardous waste" includes, but is not limited to, federal Resource
Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste
and acutely hazardous waste.
(Ords. 96-20 § 3, 86-100.)
84-63.422 "Manage." "Manage" means to generate, treat, store, transport,-use
or dispose of hazardous material or hazardous waste.
(Ords. 9.6-20 § 3, 86-100.)
84-63.424 "Project Description." "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; and
(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.
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ORD. 97
The Community.Development Director may waive the requirement of submitting
any or all of the information required by paragraphs (a) through (c), above.
(Ord. 96-20 § 3.)
84-63:426 "Residential roe ". "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.)
84-63.428 "Sensitive 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.)
84-63.430 "Store." "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.)
84-63.432 'Transport." '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.)
Article 84-63.6
ApplicabilitX
84-63.602 Applicability. Except as otherwise provided in.this chapter, any
person proposing a development project which might otherwise be allowed in any
zoning district shall be subject to the provisions of this chapter.
(Ords. 96-20 § 3, 86-100.)
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ORD. 97-
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84-63.604 Exemptions. The following projects and structures are exempt from
the provisions of this chapter:
(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.
(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 (BACT) 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);
(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 extention is granted
by the Community Development Director;
(6) The rebuilt project is at least 300 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
(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
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ORD. 97-
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 I, Subchapter J, Part 355, as amended from time to time), or.500 pounds,
whichever is less.
(Ords. 96-20 § 3, 90-92, 86-100.)
84-63.606 Exemption. 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
(§39650 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 84-63.8
Standards and Procedures
84-63.802 Application for Applicability Determination: Exemption. 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
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ORD. 97-
application pursuant to this section. If the hazard score of a project is 69 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 therefore 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, end transportation routesl The application
shall be accompanied by all fees established by the Board of Supervisors.
(Ords. 96-20 §3, 91-49, 90-92, 86-100.)
84-63.804 Application, Review. Determination. 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 Determination of non-coverage. Upon determining that a proposed
project has a hazard score up to and including 79 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 and 79, 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 and projects which are exempt
pursuant to sections 84-63.604 and 84-63.606 are not subject to the requirements of
sections 84-63.808 and 84-63.810.
(Ord. 96-20 § 3.)
84-63.808 Determinations - Public Notice. All determinations of non-coverage
made pursuant to section 84-63.806 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 Determinations - Further Public Notice. For projects with a point
assignment between 70 and 79, 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 Development
Director shall publish a four-inch by six-inch advertisement in a newspaper of general
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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. 9.6-20 § 3, 91-49, 90-92.)
84-63.812 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 Use Permits -When Required
84-63.1002 Hazard Score: Permit Required. 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 ifs
the development project obtains a hazard score of 80 or more pursuant to the
formula set forth in section 84-63.10041
subject to the provisions of this article.
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(96-20 § 3.)
84-63.1004 Hazard Score. (a) Formula. The hazard score of a proposed
development project shall be determined pursuant to the following formula:
[(T + C + P) XH] + D +A;
where the.following symbols have the following designations:
"T' 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."
10-50-M- 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.
(be Point Assignment. The factors set forth in subdivision (a), above, shall
have the following point assignments:
TRANSPORTATION RISK m POINTS
Truck- residential/commercial 10
(>25% increase or new)
Truck - residential/commercial 9
(>5 - 25 % increase)
Truck- Industrial (>25% increase or new) 8
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ORD. 97-
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
COMMUNITY RISK
Distance of project from receptor (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
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ORD. 97-
>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
>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 - i-6;999 = feet 1
Type of receptor (C):
Sensitive receptor 7
Residential Property 5
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ORD. 97-
Commercial Property 4
FACILITY RISK: SIZE OF PROJECT
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
>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
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ORD. 97-
>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
>0.10 - 0.12 1
no change (0.10 or less) 0
Percent Change (P)
New 6
>200% 5
>100% - 200% 4
>50% - 100% 3
>10% - 50% 2
>1% - 10% 1
0% - 1% 0
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ORD. 97-
HAZARD CATEGORY OF MATERIAL (H)
Category A 5
Category B 3
Category C 1
( Credit for reductions.or projects to be closed. A development project that
would have a hazard score of 80 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:
,
( 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;
J (2a The project to be closed or reduced is the direct result of the proposed
development project;
(W The project to be closed or reduced has a higher hazard score than the
proposed development project;
(4M) 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
(5 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 to 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.
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
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ORD. 97-
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.
(elm Closure. reduction required. 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.)
84-63.1006 Determination of Transportation 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 Determination of Community Risk - Distance to Receptor. "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 Determination of Community Risk -Type of Receptor. A hazard
score shall be developed for each type of receptor(residential property, commercial
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ORD. 97-
• . `• 1 � !
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
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.)
84-63.1012 Determination of Project 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.)
84-63.1014 Determination of Project Risk - Percent Change. The percent
change of a development prejeeet.h' a"d,r="Te 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.
(Ord. 96-20 § 3.)
84-63.1016 Determination of Hazard Category. (a) Method of Determination.
The hazard category of a material or waste shall be determined pursuant to this
section.
(1) The primary method of determining the material hazard category of a
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ORD. 97-
D
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, Hazardous 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.
(2) Where a hazardous materiall of waste is not referenced in 49
CFR 172.101, and the hazard category cannot be determined using the primary
method, refer to the manufacturer's.MSDS for the D.O.T. "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) Exclusions. 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 Categories.
Hazard Category A Materials
L Forbidden Materials
As referenced in 49 CFR 173.21 and 173.54.
Il. .Explosives and Blasting Agents
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ORD. 97-
Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6).
III. 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 I
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 defined in 49 CFR 173.115(c).
Hazard Category B Materials
Vlll. 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).
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ORD. 97-
X. Oxidizers, D.O.T. Packing Group 11
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 I or II
Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and
173.137(a) and (b).
Hazard Category C Materials
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 Group 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).
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)•
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ORD. 97-
(Ord. 96-20 § 3.)
Article 84-63.12
Land Use and Variance Permits
84-63.1202 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.)
Article 84-63.14
Offsite Hazardous Waste Facility Compliance With
County Hazardous Waste Management Plan
84-63.1402 Authorily. 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.)
84-63.1404 Definitions. (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 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,
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ORD. 97-
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 County Hazardous 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.
(Ords. 96-20 § 3, 90-73.)
SECTION IV. INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84-
63.4, 84-63.6, 84-63.8 and 84-63.10 of Chapter 84-63 by Section [[ of this ordinance
does not effect the validity of any permit issued or decision made under said repealed
provisions. The repeal of Article 84-63.12 of Chapter 84-63 concerning offsite
hazardous waste facility compliance with the County Hazardous Waste Management
Plan, by Section 11 of this ordinance, and said provisions' subsequent readoption and
renumbering as Article 84-63.14 by Section III of this ordinance, are not intended to
have any effect other than the renumbering of said provisions.
SECTION V. 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 VI. 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
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ORD. 97-
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 VII. 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 Board Chair
LTF:bmw:df.31.ordhz3.97f [SEAL]
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ORD. 97-
ATTACHMENT B
ORDINANCE NO. 97--
HAZARDOUS MATERIALS INDUSTRIAL SAFETY 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 2553 1) 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 safety.
SECTION H. Chapter 450-8 is added to the County Ordinance Code,to read:
CHAPTER 450-8
INDUSTRIAL SAFETY
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 additional measures to prevent
accidental releases of hazardous materials from industrial sites and to require land use permits for
development projects handling hazardous materials and hazardous wastes that meet a specified
threshold limit.
(b) The County recognizes that regulatory requirements alone will not guarantee safety.
Preventing accidental releases of hazardous materials is the primary goal of all interested parties
including industry, government,and the public. Typically hazardous materials accidents are
prevented by identifying the hazards associated with the operation, assessing the risks, and
mitigating the identified hazards to reduce the probability of an adverse event.-
(c) The success of the specified measures to prevent accidental releases of hazardous
materials is dependent upon the cooperation of industrial chemical and oil refining facilities
within Contra Costa County. The public must be assured that measures necessary to prevent
accidental releases of hazardous materials are being implemented to protect the public health and
safety.
(Ord. 97-_, § 2.)
450-8.004 PURPOSE and GOALS. (a) The purpose of this ordinance is to impose
regulations which improve industrial safety by:
8/5/97 Page 1
(1) Requiring the conduct of and analysis for the determination of the root/underlying
cause for each incident that resulted in, or could reasonably have resulted in a catastrophic
release of a hazardous material;
(2) Review of preventive measures resulting from the root/underlying cause analysis;
(3) Require the conduct of Process Hazards Analysis for industrial units handling
hazardous materials;
(Ord. 97-_, § 2.)
450-8.006 AUTHORITY. This ordinance is adopted by the County pursuant to its
police power for the purposes of protecting public health and safety by prevention of accidental
releases of hazardous materials.
(Ord. 97-_, § 2.)
450-8.008 ADMINISTRATION. The County Health Officer is charged with the
responsibility of administering and enforcing this chapter.
(Ord. 97-_, § 2.)
450-8.010 APPLICABILITY. This ordinance shall apply to stationary sources.
(Ord. 97-_, § 2.)
450-8.012 INSPECTION. Stationary sources shall allow the Health Officer or his or
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. 97-_, § 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 (40 CFR§ 68.3) end 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 the Department determines present imminent
and substantial endangerment to public health and safety. (See 40 CFR § 68.3.)
8/5/97 Page 2
(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 which is listed in Hazard Categories A or B in section 84-63.1016.
(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 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)as amended from time to time.)
(g) "Stationary source"or"source"means sites which include process units as defined in
40 CFR 68.1 that are subject to federal RMP Program 3 requirements.
(h) "Root/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 or root causes were
removed, the particular incident would not have occurred.
(Ord. 97-_, § 2.)
450-8.016 STATIONARY SOURCE SAFETY REQUIREMENTS. The stationary
source shall provide the following:
(a) Process Hazards Analysis. (1)Process hazards analyses are required for every
process unit at a stationary source. The initial process hazards analysis shall be performed for the
entire process unit and shall be completed no later than 2 years following the effective date of
this ordinance. Process hazards analyses shall be maintained at the stationary source and made
available to the Department for review.
Units where no regulated substances are used are not subject to this provision. Process
hazards analyses are not required for storage tanks that store less than 1000 pounds of a regulated
substance and which are listed as a Hazard Category B in section 84-63.1016.
(2) Process hazards analysis methods shall be one of the methods specified in California
Code of Regulations Title 8 section 5189 (e) (1) (Process Safety Management). Process hazards
analyses shall be revalidated every 5 years as specified in California Code of Regulations Title 8
section 5189 (e) (5) (Process Safety Management).
8/5/97 Page 3
(b) Root/Underlying Cause Analysis. Root/Underlying cause analyses shall be
conducted for each catastrophic release at a stationary source and for releases of regulated
substances that could reasonably have had the potential to become a catastrophic release. The
methodology of the root/underlying cause analysis shall be one of the recommended
methodologies from the Center for Chemical Process Safety. The definition of root/underlying
cause used in the conduct of analyses shall be as specified in section 450-8.014 of this chapter.
Root/underlying causes analyses conducted for releases of regulated substances, all supporting
data, and personnel interviews shall be available for review by the Department. The Department
may also conduct it's own independent root/underlying cause analysis, including personnel
interviews, of a release of a regulated substance.
(Ord. 97-_, § 2.)
450-8.018.REVIEW,AUDIT,AND INSPECTION. (a) The stationary source shall
allow the Department to periodically audit the progress of the stationary sources' resolution and
completion of actions and recommendations specified in the final process hazards analysis
report(s).
(b) The stationary source shall allow the Department to conduct a safety inspection every
three years in conjunction with the audit required by the California Health and Safety Code
section 25531 et. seq. (California Accidental Release Prevention Program). The Department, at
its option,may select an outside consultant to assist in conducting said inspection. The safety
inspection may include the following items:
(1) the stationary source's use of inherently safer technology for consideration as a
process hazards analysis mitigation item, and in the design and review of new processes and
facilities,
(2) the stationary source's preventive maintenance and periodic replacement program;
and
(3) the stationary source's incidents, analysis and investigation techniques, and resolution
of follow-up of action items resulting from the investigations.
(c) The Department may commence an incident safety inspection within 60 days of a
catastrophic release in conjunction with the provisions of section 450-8.016 (b). The inspection
shall be conducted.with respect to the particular equipment involved in the incident pursuant to
the guidelines set forth in this chapter.
(Ord. 97-_, § 2.)
450-8.020 REQUIREMENTS FOR SAFETY IMPROVEMENTS. (a) Based on the
inspection,the Department may(1)specify to the stationary source particular matters which
constitute clearly identifiable, substantial risks to community safety; and(2)direct the stationary
source to submit plans to significantly reduce such risks.
(b) Within ninety (90) days after receipt of the specification and direction of the
Department, the stationary source shall submit to the Department plans to significantly reduce or
eliminate such risks and associated implementation dates. Upon receipt of the facility plans,the
8/5/97 Page 4
Department shall make available for public review the inspection results and facility plans for
mitigations as applicable.
The proposed plans/modifications shall not be in conflict with any statute, rule or
regulations of any Federal, state or local agency,not be in conflict with any activity authorized in
any permit or order issued by any Federal, state or local agency, be technologically reasonable, be
directly related to the risk identified, and 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.
(Ord. 97-_, § 2.)
450-8.022 PUBLIC REVIEW OF INSPECTION RESULTS. Upon receipt of
stationary source plans as specified in section 450-8.020 above,the Department will make
available for public review the inspection results and facility plans for mitigations as applicable
for a period of not less than thirty days. 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. 97-_, § 2.)
450-8.024 RESOLUTION OF DISPUTES CONCERNING REQUIREMENTS
FOR SAFETY IMPROVEMENTS. (a) Any disputes concerning safety improvements may be
appealed to the County Health Officer. In the event,that the County Health Officer cannot
resolve the issues(s),the dispute may be appealed to the Board of Supervisors.
(b) An appeal to the County Health Officer, or subsequently to the Board of Supervisors,
shall be only on the grounds that the measures included in the stationary source's plans are
insufficient to address the risks identified in the inspection. Appeals must be filed within thirty
days of the closure of the public review of inspection results allowed for in section 450-8.022.
(c) The decision of the Board of Supervisors, shall be the final administrative
determination of the County.
(Ord. 97-_, § 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. 97-_, § 2.)
8/5/97 Page 5
450-8.028 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 misdemeanor.
(Ord. 97 § 2.)
450-8.030 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 Program. The program
established by this chapter shall,to the maximum extent feasible, be integrated into the functions
of the CUPA.
(Ord. 97-_, § 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, or 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
8/5/97 Page 6
s
of the Board of Supervisors and
County Administrator
By. Chair
Deputy
[SEAL]
landusclhmindsaf.doc
8/5/97 Page 7
REQUEST TO SPEAR FORM
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SPEAKERS
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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.
Give the Clerk a copy of your presentation or
support documentation if available before speaking.
a. Limit your presentation to three minutes. Avoid
repeating comments made by previous speakers.
4 (The Chair may limit length of presentations so all
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REQUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT)
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j 4 REQUEST TO SPEAR FORM
(THREE (3) MINUTE LIMIT)
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(THREE (3) MINUTE LIMIT)
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REQUEST TO SPEAR FORM
(THREE (3) MINUTE LIMIT) d�
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(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers'
rostrum before addressing the Board.
Name: l ,j Phone:
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I am speaking for myself or organization: 1/
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I wish to speak on the subject of
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REQUEST TO SPEAR FORM Oq
(THREE (3) MINUTE LIMIT)
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REQUEST TO SPEAR FORM
(THREE (3) MINUTE LIMIT)
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