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TO: BOARD OF SUPERVISORS Contra
FROM: INTERNAL OPERATIONS COMMITTEE Costa
DATE: NOVEMBER 3, 2003 County
SUBJECT: STATUS OF REFERRALS TO THE INTERNAL OPERATIONS COMMITTEE
TO STUDY ISSUES RELATED TO THE INDUSTRIAL SAFETY ORDINANCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ACCEPT status report on referrals to the Internal Operations Committee regarding issues
related to the Industrial Safety Ordinance.
2. DIRECT the Hazardous Materials Ombudsman to report to the Internal Operations
Committee on December 15, 2003 on efforts to maintain community outreach regarding
hazardous materials issues in those communities most impacted by local refineries and to
establish and sustain a dialog with those communities on the possible usage of
Supplemental Environmental Project (SEP) funds.
3. DIRECT the Health Services Department to report back to the Internal Operations
Committee in January 2004 on the expansion of protocols for notifying affected agencies
of hazardous materials releases.
BACKGROUND:
On February 12, 2002, the Board of Supervisors referred to the Internal Operations
Committee review of the policies and requirements for timely notification to the County of
hazardous materials releasesi managing change such as work stoppages at facilities using
hazardous materials, and the potential to levy fines for violations of the ISO or the California
Accidental Release Prevention Program (CaIARP).
On March 12, 2002, the Board asked the IOC to work with the Community Awareness and
Emergency Response (CAER) Board to develop consistent policies for notification among
affected agencies (including schools, nutrition centers, and hospitals) and the public, to
coordinate outreach and education efforts among affected agencies, and to identify
alternatives for an "all clear" signal.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR ---#ECOMMEN T N OF BOARD COMMITTEE
--1,--APPROVE OTHER
SIGNATURE(S)*
�'-G—AYLtB.-UILIKEMA, CHAIR FEDERAL D. GLOVER
-------------______w___________. __ w_______________________________ __.____________ ______-___.____________-_________.._---___--
ACTION
------ ---------ACTION OF BOARD ON Wcember 2, 2003 APPROVE AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X UNANIMOUS(ABSENT ---.none AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: DECEMBER 2,2003
CONTACT: JULIE ENEA (925)335-1077 JOHN SWEETEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY ADMINISTRATOR
00: INTERNAL OPERATIONS COMMITTEE STAFF
LEWIS PASCALLI,HAZMAT PROGRAM MANAGER
RANDALL SAWYER, HAZARDOUS MATERIALS PROGRAM
MICHAEL KENT,HAZMAT OMBUDSMAN kll—�4EPUTY
Status of issues Related to Industrial Safety Ordinance November 3, 2003
Internal Operations Committee Page 2
On March 18, 2002, the IOC met with County staff and the CAER Board Executive Director,
and received the following background documents:
A. Health Services Department Operation Protocols for the Community Warning System
—a policy and guidance document to assist in the use of the Community Warning
System (CWS). It supplements the CWS User's Manual, which covers step-by-step
operation information, and the CWS Hazardous Materials Accidental Release Matrix.
The Operations Protocol covers matters such as:
• Who will operate the system
• What the system does
• When, and under what conditions, the system will be activated
B. Status report from Michael Kent, HazMat Ombudsman, on issues raised at the
January 29, 2002 public forum concerning the October 2001 releases from the
Equilon Refinery
C. Memorandum from Deputy County Counsel Tom Geiger containing a summary on
penalties against sources that discharge air contaminants or fail to report releases
D. Written comments from the CAER Board on the referred issues.
After discussing these documents with staff' 18 months ago, the 2002 IOC decided to hold
the referred issues in suspense pending the results of a study of the environmental impacts
of the proposed amendments to the ISO.
The 2003 IOC decided to meet with appropriate County staff to be apprised of any new
developments related to the issues of notification protocols, fines, and work stoppages.
Staff advised the Committee that efforts have been made to expand the current notification
protocols to include transportation agencies and public utilities, and that the expanded
protocols should be in place in six months. Our Committee requested staff to provide
another status report on the progress of this expansion in January 2004.
In addition, our Committee requested staff to increase the efforts to establish and maintain a
dialog with those communities most impacted by refinery releases, to identify community
priorities for mitigation of those impacts, should resources become available for such
mitigation. We recommend, therefore, that the Hazardous Materials Ombudsman report
back to the IOC on December 15 with plans for initiating those community forums.
OPERATION PROTOCOLS FOR TNF
COMMUNITY WARNING SYSTEM
Prepared for
USERS OF THE COMMUNITY WARNING SYSTEM
by
CONTRA COSTA HEALTH SERVICES
June 19, 2001
.r
r.
Chapter I
Introduction
I. What the Operation Protocols Covers.
The Operation Protocols is a policy and guidance document to assist in the use of the Community
Warning System ("CWS"). It supplements the CWS User's Manual, which covers step-by-step
operation information, and the CWS Hazardous Materials Accidental Release Matrix. The
Operations Protocol covers matters such as:
-Who will operate the system.
-What the system does.
-When the system would be used and under what conditions.
II. Design of the Community Warning System
A. General.
The Community Warning System is designed to alert and notify the community and public agencies
when there is an accidental release of a hazardous material that could affect the conununity. The
system may also be used in fire,law enforcement,natural disasters,and other public health incidents.
B. Alerting.
The alerting portion of the system consists of sirens. The sirens are located around the facilities that
pose the greatest potential risk to the community from a hazardous material release. The sirens are
designed to alert the people who are outdoors in the communities closest to these facilities.
C. Notification.
The notification portion of the system consists of:
1. The ability to communicate by radio transmission between CWS computer terminals that
are located at selected facilities and at Contra Costa Health Services("Health Services"),the
Contra Costa County Office of Emergency Services ("OES"), Contra Costa County Fire
Protection District("CCCFPD"),Bay Area Air Quality Management District("BAAQMD"),
United States Coast Guard("USCG"),Sher'iff's 9-1-1 dispatch ("COMM 1"),and the Cities
of Richmond,Pinole, Martinez, and Antioch Police Departments.
April 6, 2001
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2. The ability to get emergency information to the media,including television stations,radio
stations, and cable television head ends.
3. The ability to connect with an automated telephone dialing system. The automated
dialing system is initiated automatically by the CWS for programmed sequences. For all
other incidents, the Health Services initiates the dialing system.
4. The ability to transmit emergency information to National Oceanic and Atmospheric
Administration ("NOAA") weather radios.
D. "Programmed Sequences."
Classification"levels"of releases of hazardous materials,and the required emergency response and
notification for each level, have been developed. For classification levels of releases, refer to the
Community 'Warning System Hazardous Materials Accidental Release Matrix ("Matrix"),
attached hereto as Appendix 1,as the Matrix may be amended from time to time by Health Services.
The CWS has been programmed to initiate a sequence of actions for accidental releases of
hazardous materials, depending upon the "level" of the release incident. This programming is
referred to as a "programmed sequence." For example, if the CWS is activated by a facility for a
Level 0 event, the CWS will notify Health Services. If the CWS is activated for a Level 3 incident,
the CWS will activate sirens and an automated telephone dialing system, and notify designated
regulatory and response agencies and the media.
.Programmed sequences have been developed for the facilities that pose the greatest potential risk to
the communities and which have CWS computer terminals
111. Remaining Chapters
The remaining chapters will discuss the operation protocols for the Community Warning System.
Each of the remaining chapters has been designed to stand-alone for use in different situations.
At a future date, the County may consider developing protocols for other incidents, such as fire
incidents, law enforcement incidents, natural disasters, and public health incidents.
April 6, 2001
Page 2 CAMY DoeUly ENTs\cWSWERAnON PRorocOLS.00c
Iv. Abbreviations Used
The following is a list of the abbreviations or abbreviated terms used herein.
BAAQMD Bay Area air Quality Management District
CAER Contra Costa County CAER Group,Inc., a California non-profit
public benefit corporation
CCCFPD Contra Costa County Fire.Protection District
COMM1 Sheriff's 9-1-1 Dis titch Center
CWS Community Warning System
EDIS Governor's Office of Emergency Services Emergency Digital
Information Service
ERPG 2 Emergency Response Planning Guidelines Level 2
Health Services Contra Costa Health Services
Matrix Community Warning System Hazardous Materials Accidental
Release Matrix
NOAA Oceanic and Atmospheric Administration
NWS National Weather Service
OBS Contra Costa County Office of Emergency Services
PMAO Petrochemical Mutual Aid Organization
USCG United States Coast Guard
April 6, 2001
Page 3 CAMY DOCUMENMCWSWERAT70N PROTOCOLS.DOC
Chapter
Hazardous Material Releases
from Facilities With a CWS Computer Terminal
I. Facilities with CWS Computer Terminals and Sirens.
As of the date of this printing of the Operation Protocols, the followingfacilities have CWS
computer terminals and can activate sirens:
Chevron Richmond Refinery-Richmond
Tosco San Francisco Area Refinery Roden
Equilon Martinez Refining Company{MRC}-Martinez
Rhodia- Martinez
Ultramar Golden Eagle Refinery-Avon
Dow Chemical -Pittsburg
II. How the Community warning System has been
Programmed
Each CWS computer terminal interfaces with the entire CWS to improve emergency
communications during certain programmed events. In addition,the CWS has been programmed to
initiate a sequence of actions for accidental hazardous materials release events. Each facility with a
CWS computer terminal has the programmed sequences for release events from that facility
programmed into its computer terminal. Computer terminals located at COMM 1,Contra CCCFPD
dispatch center, OES, and Health Services have been programmed with all of the Level 2 and 3
programmed sequences for all of the facilities with computer terminals.
III. Categories of Incidents
Different categories of incidents require different types of response. A response to a toxic gas
release will differ from a response to a fire or an explosion. Health Services has established four
categories of incidents for fixed facilities to assist the emergency response agencies in responding to
such incidents. They are.
Toxic Gas'Release (TGR),
April 6, 2001
Page 4 CAMY nocUNIENT WMFERATIO v pxorocOUDOc
Flammable Non-Toxic Hazardous Release (FNTHR),
Various Fires/Explosions (VFE), and
Various Spills/Plant Upsets (VSPU).
A. Toxic Gas Release. This category is used for those chemicals that are either gases or liquids
with a high enough vapor pressure that when released would form a vapor cloud and could have an
acute health consequence to the community. These chemicals are normally listed as extremely
hazardous substances or acutely hazardous materials.
B. Flammable Non-Toxic Hazardous Release. This category is for releases of chemicals that are
flammable, but have not ignited. This could be in the form of a vapor cloud or liquid spill. The
concern is a possible ignition and subsequent fire.
C. Various Fires/Explosions. This category is for fires or explosions at a fixed facility. In some
cases the facility may have not caused the fire(such as a grass fire),but the fire could be of concern
to the public. Different sizes of fires and explosions will require different levels of alerting and
notifications.
D. Various Spills/Plant Upsets. This category is for incidents that do not fit in the above three
categories. Examples include an oil spill on a waterway, a spill of an acidic or basic material that
could be corrosive and dangerous to the public, or a release of an aerosol or solid powder material
that could have an acute health consequence on the public.
IV. Levels of Notification and Response
There are four levels of notification and response. See the Matrix for details on the,Jevels and the
notification and alerting for each level.
Level 0 is a communication level between the facility and Health Services. The purpose of this
communication level is to inform the Health Services Incident Response Team of any non-standard
activity at a facility where there is a potential for public concern. A Level 0 incident must be easily
contained and controlled by plant personnel
Level 1 is the notification level used to notify Health Services,the local fire and law enforcement
9-1-1 dispatchers that have CWS terminals,BAAQMD,USCG and OES of an incident where there
is an on-site problem that, if not contained,could cause an off-site health and safety problem.
Level 2 is for an incident requiring a response. At this level, there may be an off-site concern by
the community;however,no health risk to the community is expected. Health Services,the local fire
and law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS, BAAQMD,
April 6, 2001
Page 5 CAMY DOCUMENTSICWMPERATTON PROTOCOLS-DOC
USCG,and OES are notified. Health Services and the local law enforcement and fire agencies will
respond. An advisory notification will be made to the television stations and radio stations that are a
part of the system.
Level 3 is for an incident requiring a response,outside assistance to the incident, and an off-site
consequence is expected. Alerting will be done using sirens. The community will also be notified
by sending messages to television and radio stations,by the automated telephone dialing system,and
NOAA weather radios. Health Services,the local fire and law enforcement agencies/9-1-1 dispatch
centers that are connected to the CWS,BAAQMD,USCG,and OES will be notified. At this level,
mutual aid may be required from government agencies and the Petrochemical Mutual Aid
Organization(PMAO). The response to hearing the sirens and the message from media notification
is to shelter-in-place and turn on a radio or television for more information.
V. Incident Notification.
Health Services' Incident Notification Policy requires facilities to notify Health Services of
certain incidents. At this time, facilities are expected to notify Health Services Incident
Responders through the CWS and by pager?
t,.
VI. Overview of System .Activation, Alerting,
Notification and Emergency Response
If there is an incident of any level at a facility with a CWS computer terminal, the facility is to
activate the CWS immediately. The facility will be able to activate the CWS by using the CWS
computer terminal and/or a push button unit at the site. Facilities with push-buttoncapability are
expected to use that option for a Level 3 incident.
Health Services or the facility can at any time during an incident increase the classification level(e.g.
from a Level 2 to a Level 3). If it will not delay measures to protect the health and safety of the
CAER intends to donate NOAA Weather Radios to schools, day care facilities, hospitals, and
long-terra health care facilities in the future. In addition,the State Office of Emergency Services
plans on installing a slave transmitter on Mt. Diablo, which should improve NOAA Weather
Radio coverage in Contra Costa County.
Immediate notification is required for any release or threatened release of a hazardous material
that poses a present or potential hazard to human health and safety, property or the environment.
(Contra Costa County Health Services Hazardous Material Incident Notification Policy IV.A.I.)
In addition, Contra Costa County Ordinance Code section 450-2.016 requires'a handler to report
to Health Services immediately upon discovery, any release of a hazardous material reportable
under any Iaw to any federal, state or other local regulatory agency.
April 6, 2001.
Page 6 c:Mx DOCUMENr81 WMPHRATTON PROTOCOLSDOC
community, this change in classification should be done in coordination with the Incident
Commander, the facility and other responding agencies.
-VII. what the CNS Does Upon Activation.
Level 0: Upon a Level 0 activation by a facility, the CWS communicates the event to Health
Services.
Level 1: Upon a Level 1 activation,the CWS will notify Health Services, the local fire and law
enforcement agencies/9-1-1 dispatch centers,BAAQMD USCG, and OES. There will be no
media notifications or alerts to the community at this level.
Level 2: Upon a Level 2 activation, the CWS will notify the same agencies notified for a Level 1
activation. The programmed sequence for a Level 2 activation will initiate a notification to the
community through the Governor's office of Emergency Services Emergency Digital
Information Service(EDIS),which communicates with television and radio stations. The
message given through EDIS to the radio and television stations is n ill taffected.
an advisory that
sttes that
there is an emergency at a particular.facility and that most people
alth
Services will respond to a classificaion Level 2 incident. The local fire and law enforcement
agencies may also respond to a classification Level 2 incident.
Level 3: Upon a Level 3 activation,the CWS will notify the same agencies notified for a Level 1
activation. Health Services,local fire department and law enforcement agencies will respond.
Under the programmed sequence for a Level 3 activation, the community will be notified by
television and radio through the Emergency Alert System (EAS),EDIS, and by a telephone call
using the automated telephone dialing system. The automated dialing system is initiated to make
calls to those down wind from and nearest to the incident. The message given to the community
using all the above communication routes will be to shelter-in-place and turn on a radio or
television for updated information. The programmed sequence will also activate sirens to alert
the community. Each facility has a predetermined grouping of sirens that will be sounded. It is
also possible for the facility or Health Services to activate additional sirens as needed.
VIII. Updates other than Upgrading the Classification
Level of the Incident
A. General.
As an incident progresses, updates about the incident will become necessary. Updates (other than
upgrading an incident)could include downgrading an incident,calling an incident"Under Control",
or issuing an"All Clear." Updates will come from the facility and the agencies and issued to other
agencies,the media,and other facilities. Health Services or OES will transmit to the media,updates
April 6, 2001
C:L'viY DOCUMENTS\CWS\OPERAT30N FROTOCOLS.DOC
Page 7
pertaining to possible health effects of the incident A number of media fallow-up message templates
have been established.
B. Downgrading, Calling "Under Control," or Issuing an "All-Clear."
After an incident command system has been established,Health Services,working with the incident
commander,the responding fire and/or law enforcement agencies,the facility,and other responding
agencies,will decide on downgrading an incident,calling an incident"Under Control,"or issuing an
"All Clear."
The incident commander for hazardous materials releases in Contra Costa County is determined by
the location of the incident as follows:
Jurisdiction Incident Commander
City of Richmond Richmond Fire Department
Other cities City Police Department
Non Highway or road incidents in Sheriff s Department
thefunincorporated areas of the
County
Highways/non-city roads CHP
C. Follow-up Notifications and Updates from the Facility to the Agencies
A facility may use the CWS to update the agencies that are connected to the CWS. If a facility uses
its CWS computer terminal for these updates, the same text message is given to all of the agencies
that are connected to the system. However, there may be other means of communication that are
more appropriate during an incident,such as ane-on-one communication at the Incident Command
Center or with the Emergency Operations Center.
During a Level 1 incident, the facility should provide regular updates using its CWS computer
terminal. The facility should update the agencies every twenty minutes during the life of a Level 1
incident, unless the facility has notified the agencies that the Level 1 incident will last for a specific
period of time(e.g., excess flaring could last for a number of hours).
D. Updates to the Media and the Community
Health Services or OES will do the updates to the media. The media will be requested to broadcast
the updated information to the public. Whenever possible,updates to the media and the community
are to be done after consultation between the involved facility, the Incident Commander, Health
Services, OES and the local fire and/or law enforcement agencies.
April b, 2041
Page 8 CWY D0CUMM4TSICWS%0PERATI0N PPOTacars.raoc
For a Level 3 incident the automated telephone dialing system may also be used to provide updates
to the community.
IX. Upgrading the Classification Level of the Incident
It may be necessary during an incident to upgrade the classification level of the incident(i.e.,Level 1
to 2,Level 1 to 3,Level 2 to 3)because the incident spreads,the potential consequence of the release
increases, or new information on the consequence of the incident becomes available. The facility,
Health Services or the incident commander can initiate this upgrade.
A. Upgrading the Classification Level by the Facility
The facility may decide to upgrade the classification level of an incident. When a facility determines
that the incident is described by a higher level, facility personnel is to activate the programmed
sequence in the facility's CWS computer terminal for the higher level.
B. Upgrading the Classification Level by Health Services
Health Services, at its discretion, can upgrade the classification Ievel of an incident. Whenever
possible, Health Services will consult with the Incident Commander, the facility, and other
responding agencies before upgrading an incident. When Health Services decides to upgrade an
incident,Health Services will activate a programmed sequence. This will be accomplished in one of
two ways:
If a Health Services Incident Responder has access to a CWS computer terminal, he will
activate the programmed sequence for the higher classification.
If Health Services Incident Responders do not have access to a CWS computer terminal,they
will call COMM 1 and ask the dispatcher to activate the appropriate programmed sequence
by giving the classification level of the incident.
C. Upgrading the Classification Level by the Incident Commander
The Incident Commander can request Health Services to upgrade the classification level of an
incident. If Health Services decides to upgrade the incident, Health Services will follow the
protocols stated in the above section.
April 6, 2001
Page 9 CWY DOCUMENTSICWS\OPBRATnON PROTOCOLS.DOC
................ ,.
Chapter
Hazardous Material Releases from Facilities ,
Without a CWS Computer Terminal
I. Facilities without a CWS computer terminal.
Templates, designed to assist in the activation of the CWS for Level 2 and 3 incidents will be
distributed to the facilities in the County that have a known potential to impact the community from
-an accidental release of a hazardous material and do not have a CWS computer terminal. Those
facilities are:
• Air Products at Equilon
• Air Products at Ultramar
« Antioch Water Treatment Plant
• Calpine ,t.
General Chemical Bay Point
• General Chemical Richmond
• GWF Antioch (Wilbur Avenue east)
• GWF Antioch (Wilbur Avenue west)
GWF.Bay Point
* GWF Pittsburg (3`d t.)
GWF Pittsburg (Loveridge)
HASA
• Martinez Railyard
# Randall Bald Water Treatment Plant
• Pittsburg Water Treatment.Plant
* PittsburgRailyard
• Polypure
• Richmond Railyard
11. How the Community Warning System has been
Programmed
Each CWS computer terminal interfaces with the entire CWS to improve emergency
communications during certain programmed events. In addition,the CWS will be programmed by
July 1, 2001 to initiate a sequence of actions for accidental hazardous materials release events.
April 6, 2001
Page 10 CUY DOCUME€*t'TS\CWS\OPF_AATION exarOcots.Doc
Templates have been developed for Level 2 and 3 events for facilities that have a known potential of
having an accidental release that could impact the community and that do not have a CWS computer
terminal. Computer terminals located at COMM 1, CCCFPD dispatch center, OES, and Health
Services have been programmed with the Level 2 and 3 programmed sequences for all of these
facilities.
III. Categories of Incidents
Different categories of incidents require different types of response. A response to a.toxic gas
release will differ from a response to a fire or an explosion. Health Services has established four
categories of incidents for fixed facilities to assist the emergency response agencies in responding to
such incidents. They are
Toxic Gas Release (TGR),
Flammable Non-Toxic Hazardous Release (FNTHR),
Various Fires/Explosions(VFE), and
Various Spills/Plant Upsets (VSPU).
A. Toxic Gas Release. This category is used for those chemicals that are either gases or liquids
with a high enough vapor pressure that when released would form a vapor cloud.and could have an
acute health consequence to the community. These chemicals are normally listed as extremely
hazardous substances or acutely hazardous materials.
B. Flammable Non-Toxic Hazardous Release. This category is for releases of chemicals that are
flammable, but have not ignited. This could be in the form of a vapor cloud or liquid spill. The
concern is a possible ignition and subsequent fire.
C. Various Fires/Explosions. This category is for fires or explosions at a fixed facility. In some
cases the facility may have not caused the fire(such as a grass fire),but the fire could be of concern
to the public. Different sizes of fires and explosions will require different levels of alerting and
notifications.
D. Various Spills/Plant Upsets. This category is for incidents that do not fit in the above three
categories. Examples include an oil spill on a waterway, a spill of an acidic or basic material that
could be corrosive and dangerous to the'public,or a release of an aerosol or solid powder material
that could have an acute health consequence on the public.
IV. Levels of Notification and Response
There are four levels of notification.and response. See the Matrix for details on the levels and the
April 6, 2001
Page 11 C WY DOCUMENTSICWSWERAnON PROTOCOLS.DOC
:. :,;. :•
notification and alerting for each level.
Level a is a communication level between the facility and Health Services'. The purpose of this
communication level is to inform the Health Services Incident Response Team of any non-standard
activity at a facility where there is a potential for public concern. A Level 0 incident must be easily
contained and controlled by plant personnel
Level l is the notification level used to notify Health Services,the local fire and law enforcement
9-1-1 dispatchers that have CWS terminals,BAAQMD,USCG and OES of an incident where there
is an on-site problem that,if not contained,could cause an off-site health and safety problem.
Level 2 is for an incident requiring a response. At this level,there may be an off-site concern by
the community;however,no health risk to the community is expected. Health Services,the local fire
and law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS, BAAQMD,
USCG, and OES are notified. Health Services,local law enforcement and fire district/department
will respond. An advisory notification will be made to the television stations and radio stations that
are a part of the system.
I,'
Level 3 is for an incident requiring a response,outside assistance to the incident, and an off-site
consequence is expected. Alerting will be done using sirens. The community will also be notified
by sending messages to television and radio stations,cable head ends,by the automated telephone
dialing system, and NOAA weather radios3. Health Services, the local fire and law enforcement
agencies/9-1-1 dispatch centers that are connected to the CWS,BAAQMD,USCG,and OES will be
notified. At this level,mutual aid may be required from government agencies and the Petrochemical
Mutual Aid Organization(PMAO). The response to hearing the sirens and the.message from,media
notification is to shelter-in-place and tarn on a radio or television for more information,
V. Incident Notification required.
Health Services' Incident Notification Policy requires facilities to notify Health Services of
certain incidents. Facilities without CWS computer terminals are expected to notify
Notifying Health Services Incident Responders by pager.4
3 CAER intends to donate NOAA Weather Radios to schools, day care facilities, hospitals, and
long-term health care facilities in the future.. In addition, the State Office of Emergency Services
plans on installing a slave transmitter on Mt. Diablo, which should improve NCAA Weather
Radio coverage in Contra Costa County.
'Immediate notification is required for any release or threatened release of a hazardous material
that poses a present or potential hazard to human health and safety,property or the environment.
(Contra Costa County health Services Hazardous Material Incident Notification Policy IV,A.I.)
April 6, 2001
Page 12 c:VY rnxuMrs\cws OP ATION PRorocOLSDOC
VI. Overview of System Activation, Alerting,
Notification and Emergency Response
If there is an incident of any level at a facility without a CWS computer terminal, the facility is to
notify Health Services immediately. The facility can notify Health Services by pager or calling
(925)646-1112 to do this notification.
OES, CCCFPD, and COMM1, after consulting with Health Services, and Health Services can
activate the CWS for Level 2 and 3 incidents for facilities that do not have CWS computer terminals.
Health Services can at any time during an incident increase the classification level(e.g.from a Level
2 to a Level 3). If it will net delay measures to protect the health and safety of the community,this
change in classification should be done in coordination with the Incident Commander, the facility
and other responding agencies.
VII. What the CWS Does Upon Activation
Level 2: Upon a Level 2 activation, the CWS will notify Health Services, the local fire and law
enforcement agencies/9-1-1 dispatch centers, BAAQMD, USCG, and OES. The programmed
sequence for a Level 2 activation will initiate a notification to the community through the Governor's
Office of Emergency Services Emergency Digital Information Service(EDIS),which communicates
with television and radio stations. The message given through EDIS to the radio and television
stations is an advisory that states that there is an emergency at a particular facility and that most
people will not be affected. Health Services will respond to a Level 2 incident. Thellocal fire and
law enforcement agencies may also respond to a classification Level 2 incident.
Level 3. Upon a Level 3 activation, the CWS will notify the same agencies notified for a Level 2
activation. Health Services, the local.fire department and law enforcement agencies will respond.
Under the programmed sequence for a Level 3 activation, the community will be notified by
television and radio through the Emergency Alert System(EAS),EDIS,and by a telephone call using
the automated telephone dialing system. The automated dialing system is initiated to make calls to
those down wind from and nearest to the incident. The message given to the community using all
the above communication routes will be to shelter-in-place and turn on a radio or television for
updated information. The programmed sequence will also activate sirens to alert the community.
Each facility has a predetermined grouping of sirens that will be sounded. It is also possible for
Health Services to activate additional sirens as needed. F
In addition, Contra Costa County Ordinance Code section 450-2.016 requires a handler to report
to Health Services immediately upon discovery, any release of a hazardous material reportable
under any law to any federal, state or other local regulatory agency.
April 6, 2001 f
Page 13 CAMY DOCUMENTS1MMPERATnON PROTOCOLSDDOC
VIII. Updates other than Upgrading the Classification.
Leel of the-Incident
A. General
As an incident progresses, updates about the incident will become necessary: Updates (other than
upgrading an incident)could include downgrading an incident,calling an incident"Under Control",
or issuing an"All Clear." Updates will come from the agencies and issued to other agencies,and the
media. Health Services or OES will transmit to the media, updates pertaining to possible health
effects of the incident. A number of media follow-up message templates have been established.
B. Downgrading, Calling "Under Control," or Issuing an "All-Clear."
After an incident command system has been established,Health Services,working with the incident
commander,the responding fire and/or law enforcement agencies,the facility,and other responding
agencies,will decide on downgrading an incident,calling an incident"Under Control,"or issuing an
"All Clear".
The incident conunander for hazardous materials releases in Contra Costa County is determined by
the location of the incident as follows:
Jurisdiction Incident Commander
City of Richmond Richmond Fire Department
Other cities City Police Department
Ikon Highway or road incidents in Sheriff's Department
the unincorporated areas of the
County
Highways/non-city roads CHP
C. Follow-up Notifications and Updates From the Facility to the Agencies
The facility can update Health Services and other agencies during an incidentusing one-on-one
communication at the Emergency Operations Center or the Incident Command Center or by
telephone,
During a Level 1 incident, the facility should provide updates to Health Services every twenty
minutes during the life of the Level I incident, unless the facility has notified the Health Services
that the Level 1 incident will last for specific period of time(e.g., a spill within containment that
could take hours to dispose).
April 6, 2001
Page 14 C."Y DocVMSNTSCWS\oz .aT10N PROTOCC LSMOC
D. Updates to the Media and the Community
Health Services or UES will do the updates to the media. The media will be requested to broadcast
the updated information to the public. Whenever possible,updates to the media and the community
are to be done after consultation between the involved facility, the Incident Commander, Health
Services,UES, and the local fire and/or law enforcement agencies.
For a Level 3 incident,the automated telephone dialing system may also be used to provide updates
to the community.
IX. Upgrading the Classification Level of the Incident
It may be necessary during an incident to upgrade the classification level of the incident(i.e.,Level 1
to 2,Level 1 to 3,Level 2 to 3)because the incident spreads,the potential consequence of the release
increases, or new information on the consequence of the incident becomes available. The facility,
Health Services or the incident commander can initiate this upgrade.
A. Upgrading the Classification Level by Health Services
Health Services, at its discretion, can upgrade the classification level of an incident. Whenever
possible, Health Services will consult with the Incident Commander, the facility, and other
responding agencies before upgrading an incident. When Health Services decides to upgrade an
incident Health Services will activate a programmed sequence. This will be accomplished in one of
two ways:
If a Health Services Incident Responder has access to a CWS computer terminal, he will
activate the programmed sequence for the higher classification.
If Health Services Incident Responders do not have access to a CWS computer terminal,they
will call COMM 1 and ask the dispatcher to activate the appropriate programmed sequence
by giving the classification level of the incident.
April b, 2001
C:\MY DOCUMENTS\CWS\OPERATION PROTOCOLS.DOC
Page 15
.:..:..................................:::,,,: ::::. ::.: ..
B. Upgrading the Classification Level by the Facility
The facility may decide to upgrade the classification level of an incident. When a facility
determines that the incident is described by a higher level, facility personnel is to contact Health
Services as quickly as possible by either paging Health Services or by telephone. If Health
Services decides to upgrade the incident,Health Services will Follow the protocols stated above.
C. Upgrading the Classification Level by the Incident Commander
The Incident Commander can request Health Services to upgrade the classification level of an
incident. If Health Services decides to upgrade the incident, Health Services will follow the
protocols stated above.
April 6, 2001
Page 16 C:WY DOCUMEavrMWMPERAMN pRoracaUDOC
Chapter 4
Hazardous Material Releases While in
Transportation
I. How the Community ,Warning System has been
Programmed
Each CWS computer terminal interfaces with the entire CWS to improve emergency
communications during certain programmed incidents. In addition,the CWS has been programmed
to initiate a sequence of actions for accidental hazardous materials release incidents. A sequence is
being developed for Level 2 and 3 transportation incidents involving hazardous materials.
Transportation incidents(releases)could occur anywhere in the County. Sirens may or may not be
in the vicinity of the incident and the 9-1-1 dispatcher in the area may not have a CWS computer
terminal. Computer terminals located at COMM 1, CCCFPD, OES, and Health Services will be
programmed with the Level 2 and 3 sequences for transportation incidents.
II. Categories of Incidents
Different categories of incidents require different types of response. A response to a pipeline
incident may differ from a response to a train or truck accident, as a pipeline may not be as easily
accessible as a train or truck accident. The CWS has established two categories of,incidents for
transportation incidents. They are:
' f
Pipeline Incident(PI)
Various Transportation Incidents (VTI)
A. Pipeline Incident. This category is for liquid spills and gas releases from pipelines used for
transporting hazardous materials from,to,or between facilities that are outside the boundaries of a
facility.
B. Various Transportation Incidents. This category includes all other types of transportation
incidents,including highway,railway, waterway, and airway transportation that involve hazardous
materials.
IIL Levels of Notification and Response
There are only two levels of notification and response. See the Matrix for details on the levels and
the notification and alerting for each level. For transportation incidents, Levels 2 and 3 are
April 6, 2041
Page 17 CAMY DOCUMENTS cWMPERAtION PROTocf3Ls,Doc
applicable.
Level 2i for an incident requiring a response. At this level, there may be an off-site concern;
however, no health risk to the community is expected. Health Services, the local fire and law
enforcement agencies/9-1-1 dispatch centers that are connected to the CWS,BAAQMD,USCG,and
OES are notified. Health Services, local lave enforcement and fire agencies will respond. An
advisory notification will be made to the television stations and radio stations that are a part of the
system.
Level 3 is for an incident requiring a response, outside assistance to the incident, and an off-site
consequence is expected. Alerting will be done using sirens. The community will also be notified
through the California Emergency Digital Information System("EDIS") and the Emergency Alert
System ("EAS") that sends messages to television and radio stations, cable head ends, by the
automated telephone dialing system,and NOAA weather radios. Health Services,the local fire and
law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS,BAAQMD,USCG,
and OES will be notified. At this level,mutual aid may be required from government agencies and
the Petrochemical Mutual Aid Organization(PMAO) The response to hearing the sirens and the
message from media notification is to shelter-in-place and turn on a radio or television for more
information.
IV. What the CWS Does I..Tpon Activation
OES, CCCFPD, and COMMI, after consulting with Health Services, and Health Services, can
activate the CWS for Level 2 and 3 for transportation incidents involving hazardous materials.
Level 2: Upon a Level 2 activation, the CWS will notify Health Services, the local fire and law
enforcement agencies/9-1-1 dispatch centers, BAAQMD, USCG, and OES. The programmed
sequence for a Level 2 activation will initiate a notification to the community through the Governor's
Office of Emergency Services Emergency Digital Information Service ("EDIS"), which
communicates with television,cable head ends,and radio stations. The message given.through EDIS
to the radio and television stations is an advisory that states that there is an emergency at a particular
location and that most people will not be affected. Health Services will.respond to a Level 2
incident. The local fire and law enforcement agencies may also respond to a Level 2 incident.
Level 3: Upon a Level 3 activation, the CWS will notify the same agencies notified for a Level 2
activation. Health Services, local fire department and law enforcement agencies will respond.
Under the programmed sequence for a Level 3 activation, the community will be notified bey
television and radio through the Emergency Alert System("EAS"),EDIS,NOAA weather radios ,
5 CAER intends to donate NOAA Weather Radios to schools, day care facilities, hospitals, and
long-term health care facilities in the future. In addition, the State Office of Emergency Services
April 6, 2041
Page 18 C NY DOCUMENTMWSWERATION PROrocoLSDOc
and by a telephone call using the automated telephone dialing system. The automated dialing system
is initiated to make calls to those down wind from and nearest to the incident. The message given to
the community using all the above communication routes will be to shelter-in-place and turn on a
radio or television for updated information. Health Services will select the zones for the automated
telephone dialing system activation, if appropriate, as well as which sirens to activate if any.
V. Updates other than Upgrading the Classification Level
of the Incident
A. General
As an incident progresses, updates about the incident will become necessary. Updates(other than
upgrading an incident)could include downgrading an incident,calling an incident"Under Control",
or issuing an "All Clear." Updates will come from the responding agencies and issued to other
agencies and the media. Health Services or OES will transmit to the media,updates pertaining to
possible health effects of the incident. A number of media follow-up message templates have been
established.
B. Downgrading, Calling "Under Control," or Issuing an "All-Clear."
After an incident command system has been established,Health Services,working with the incident
commander, the responding fire and/or law enforcement agencies, and other responding agencies,
will decide on downgrading an incident or calling an "All Clear".
The incident commander for hazardous materials releases in Contra Costa County is`determined by
the location of the incident as follows:
Jurisdiction Incident Commander
City of Richmond Richmond Fire Department
Other cities City Police Department
Non Highway or road incidents in Sheriff's Department
the unincorporated areas of the
County
Highways/non-city roads CHP
plans on installing a slave transmitter on Mt.Diablo, which should improve NOAA 'Weather
Radio coverage in Contra Costa County.
April 6, 2001
Page 19 CAMP ROCU ENTS\MSNOPHRATION PROTocOUDOC
C. Fallow-up Notifications and Updates to the Agencies
Health Services and other agencies can communicate using the CWS if they Have access to a CWS
terminal during an incident or may use;if appropriate,one-on-one communication at the Emergency
Operations Center or the Incident Command Center or by telephone.
D. Updates to the Media and the Community
Health Services orOES will do the updates to the media. The media will be requested to broadcast
the updated information to the public. Whenever possible,updates to the media and the community
are to be done after consultation between the Incident Commander,Health Services,OES, and the
local fire and/or law enforcement agencies.
For a Level 3 incident the automated telephone dialing system may also be used to provide updates
to the community.
VI. Upgrading the Classification Level of the Incident
A. General
It may be necessary during an incident to upgrade the classification level of the incident(i.e.,Level 2
to 3) because the incident spreads, the potential consequence of the release increases, or new
information on the consequence of the incident becomes available. Health Services or the incident
commander can initiate this upgrade.
B. Upgrading the Classification Level by Health Services
Health Services, at its discretion, can upgrade the classification level of an incident. Whenever
passible,Health Services will consult with the Incident Commander and other responding agencies
before upgrading an incident. When Health Services decides to upgrade an incident,Health Services
will activate a programmed sequence. This will be accomplished in one of two ways:
If a Health Services Incident responder has access to a CWS computer terminal, he will
activate the programmed sequence for the higher classification.
If Health Services Incident Responders do not have access to a CWS computer terminal,they
will call Sheriff's Coram 1 and ask the dispatcher to activate the appropriate programmed
sequence by giving the classification level of the incident.
C. Upgrading the Classification Level by the Incident Commander
The Incident Commander can request Health Services to upgrade the classification level of an
incident. If Health Services decides to upgrade the incident, Health Services will follow the
protocols stated in the above section.
Apri 16, 2401
Page 20 CNAY DOCUMENTS\CWWPERATION Pxoracozs noc
Chapter 5
False Activation of the Community Warning System
When there is a false activation of the CWS (either one or more sirens only or of a programmed
sequence),it will be necessary to notify Health Services,the local fire and law enforcement agencies,
the community, and the media. The degree of notification will depend on the level of the false
activation.
False Activation of Sirens Only.
If there is a false activation of sirens only,there is an immediate need to notify the community. The
public is being educated to shelter-in-place when they hear a siren;therefore,the community must be
notified that there was a false activation of the siren(s) and that there is no hazardous materials
incident.
If facility personnel hear a siren and know that a Level 3 incident is not occurring at their facility,
the facility should first activate shelter-in-place procedures, and page the Health Services Incident
Responder as soon as possible.6
If an individual from afire or law enforcement agency hears a siren and is not aware of a Level 3
incident occurring in the community,that individual is to contact his 9-1-1 dispatch center. If the 9-
1-1 dispatch center is not aware of a Level 3 incident occurring in the area,the 9-1-1 dispatcher is to
page the Health Services Incident Responder.
If a 9-I-1 dispatch center is called by the public about a siren that has been activated and the 9-1-1
dispatcher is unaware of a Level 3 incident occurring in the area,the 9-1-1 dispatcher is to advise the
caller to "shelter-in-place" and then page the Health Services Incident Responder.
In all of the above cases, after determining that a level 3 incident is not occurring, the health
Services Incident Responder will do one of the following:
If the Health Services Incident Responder has access to a CWS computer, he will notify
television and radio stations,the participating 9-1-1 dispatch centers,$AAQMD,USCG,and
local fire and law enforcement agencies that there has been a false activation of a siren. A
sequence named "False Activation of Sirens" has been designed to assist with this
communication.
6 Sirens are tested each month on the first Wednesday at 11:00 a.m. All computer terminals have
messages stating that a test is occurring.
April 6, 2001
Page 21 CAMP DocUMENTsNCNvs10PERAT1ON PROTOCOLS-DOC
If the Health Services Incident Responder does not have access to a CWS computer terminal,
he will call Sheriff s dispatch(COMM 1)and assist the 9-1-1 dispatch supervisor through the
".False Activation of Sirens"sequence to transmit the information as'described above.
False Activation of the Community Warning System
A false activation of the system could activate the sirens,automated telephone dialing system, and
give false notification messages to EDIS, EAS, the National Weather Service ("NWS"), and the
electronic media.
If a facility or art agency personnel learns that the system has been falsely ';activated, he should
contact the 9-1-1 dispatch center as quickly as possible through the CWS and advise of the false
activation. (Thiswillallow the 9-1-1- dispatcher to advise callers'of the situation.) Facility or
agency personnel should page the Health Services Incident Responder immediately thereafter and
advise Health Services of the false activation of the system.
If a 9-1-1 dispatch center learns that there has been a false activation of the system,the dispatcher
should page the Health Services Incident Responder immediately.
r;
In either case, the Health Services Incident Responder,will do one of the following:
If the .Health Services Incident Responder has access to a CWS computer, he will notify
television and radia stations,the participating 9-1-1 dispatch centers,BAAQMM,USCG,and
local fire and law enforcement agencies that there has been a false activation of a siren. A
sequence named "False Activation of CWS" has been designed to assist with this
communication.
If the Health Services incident Responder does not have access to a CWS,computer terminal,
he will call Sheriff's dispatch(COMM 1)and assist the 9-1-1 dispatch supervisor through the
sequence to transmit the information as described above.
April 6, 2001
Page 22 awy DbctMENTsicws\0PERA10N pxorflcOLS.Doe
Chapter 6
Agency Use for Unspecified Incidents
The CWS may be used for incidents that have not been described in previous chapters. Under what
conditions would the Community Warning System be used? How will the system be activated?
Who would activate the system? This chapter will address these questions along with follow-up
notifications and updates, and upgrading an incident.
I. Conditions for Using the Community Warning System
for Unspecified Incidents
The CWS may be used for incidents involving an imminent threat to the health and safety of the
public, or if by using the system, the health and safety of the public could be protected. Fire
incidents, law enforcement incidents, natural disasters, and public health incidents are all types of
incidents during which the CWS could be used to provide warnings to the public.
II. No Sirens
Sirens have been designated for use only for hazardous materials incidents.
III. Activation of the Community Warning System for
Unspecified Incidents
Any governmental agency can request the use of the CWS to provide notification to the public when
such use will help to protect the health and safety of the public. The governmental agency is to
contact Health Services Incident Responder for hazardous materials incidents or OBS for all other
incidents through COMM land request the activation of the CWS. If the Health Services Incident
Responder or OES decides to activate the CWS for the incident that has been requested,they will do
one of the following:
If a Health Services Incident Responder or OES has access to a CWS computer, he will notify
television and radio stations,through EDIS, and the local fire and/or law enforcement agencies
of the incident that is occurring. It may also be appropriate for the Incident Responder or OES to
activate EAS, use the automated telephone dialing system, and the NOAA weather radios.
When a CWS computer terminal is not available to Health Services Incident Responders or OES,
April 6, 2001
Page 23 c:1MY DOC"UMENTSY-WMPERArrorr rxoracoxs.Doc
they will call Sheriff's COMM 1 and walk the 9-1-1 dispatch supervisor through the activation of
the CWS. This will notify the participating television and radio stations,through EDIS,and fire
or law enforcement agencies that are in the local area of the incident that is occurring. It may
also be appropriate for the Incident Responder or OES to activate EAS, use the automated
telephone dialing system, and the NOAA weather radios.
IV. Follow-up Notification, Updates and Upgrades for
Unspecified Incidents
Heath Services or OES will do all follow-up notifications, such as an "All', Clear" updates and
upgrades in coordination with the requesting government response agency. After appropriate review
of the incident by the appropriate response agencies,OES,and Health Services,Health Services or
OES will notify the television and radio stations through EDIS,and local fire or law enforcement of
the follow-up notifications, updates, and upgrades for the incident.
April 6, 2001
Page 24 C*WY DOCUMENT5\CWMPERATION PROTOCOLS.DOC
i
"F
i
ATTACHMENT A-1
HAZARDOUS MATERIAL REPORTING
CLASSIFICATION LEVELS
LEVEL, 0 (easily contained and controlled by plant personnel)
is categorized by any of the following.
1. fan-site only.
Z. Safety Supervisor,or equivalent,is placed on alert due to a release or threatened release
resulting from an emergency situation,including,but not limited to,emergency
shutdowns or major unit start-ups.
3. Liquid spill contamination.(The spill is more than three 55�-gallon drums--165
gallons----and does not meet any of requirements for nottffeation Usted to levels 1 -3 and
if the spill is not contained.)
4. Three(3)or more unconfirmed odor complaints within an hour.
LEVEL 1 is categorized by any of the following:
1. On-site: possible off-site.
2. Confirmed(3 or more odor complaints within one hour and substantiated by plant
personnel as an on-site problem)off-site odor from facility.
3. Fire/smoke which requires a response from workers outside the immediate area,but not
visible offsite.
4. Excess flaring.
5. Spill or release incident that meets an RQ (Reportable Quantity)requirement and does
not meet any of the requirements of Level 2 or 3.
LEVEL 2 is categorized by any of the following:
I. Off-site impact where eye,skin,nose and/or respiratory irritation may be possible.
2. Explosion with noise/pressure wave impact off-site.
3. Fire/smoke/plume (other than steam) visible offsite (does not include fire training
exercises).
LEVEL 3 is categorized by any of the following:
1 . Offsite impact that is expected to cause eye, shin, nose and/or respiratory irritation in
the community (ERPG Level 2 concentration reading or greater).
2. Fire,explosion,heat, or smoke with an off-site impact.
Example: On a process unit/storage tank where mutual aid is requested to
event and the fire will last longer than 15 minutes.
3. hazardous material or fire incident where the incident commander or unwed
command,through consultation with the Hazardous Material Incident Response Team,
requests that sirens should be sounded.
WILtJAM B. WALKER, A D. OFFICE THE
HEALTH'SERVICES DIRECTOR
D ECToR
HAZARDOUS MA'13 RIALS OMBUDSMAN
- CONTRA COSTA 20 Aden Street
Martinez, California
HEALTH SERVICES 5453-319
Ph(925)370-5020
Fax(325)370-5058
Toll Free 1-577»662-8376
e�rniif rnkent6hsd.co.contra•cvsta.ca.us
March 12, 2002
MEMO
To: Board of Supervisors
cc. Lew Pascalli, Hazardous Materials Programs Director
Dr. William Walker,Health Services Director
From. Michael Dent, Contra Costa County Hazardous Materials Ombudsman
Re: Status Report on Issues Raised at the January 29, 2002 Public Forum concerning
the October, 2001 releases from the Equilon refinery.
On January 29, 2002 Supervisor Uilkema hosted a public forum to discuss the Root
Cause Analysis for the October, 2001 releases from the Equilon refinery. At the end of
that meeting she asked for a status report to the Board of Supervisors on the following
items:
1) Public Access to the County Notification Policy for Chemical Releases.
The County adopted a notification policy on June 19, 2001 that describes how and when
a facility is to notify Contra Costa Health Services in the event of a chemical release or
fire.The matrix of event levels and Community Warning System responses is currently
on the Contra Costa County CAER Group web page at www.cccaer.org. The Equilon
refinery is also in the process of mailing this notification policy to homes in the Martinez
area. Members of the public can also obtain this notification policy from the Hazardous
Materials Programs or from the Hazardous Materials Ombudsman.
Contra Costa Community Substance Abuse Services • Contra Costa Emergency Medical Services • Contra Costa Environmental Health • Contra Costa Health Pian +
• Contra Costa Hazardous-Materials Programs •Contra Costa Mental Health • Contra Costa Public Health Contra Costa Regional Medical Center • Contra Costa Health Centers
.......1.11,.......................................
............................................. ......
...................................
2) The Community Outreach and Education efforts about the Community
Warning System and how to Shelter-in-Place being conducted by CAER.
CAER's Community Outreach group will conduct a variety of activities this year to
promote the public's understanding of the Community Warning System and how to
Shelter-in-Place. The group has a budget of$35,000 to develop and distribute educational
materials. Their planned activities this year include:
• A mailing County residents concerning how to Shelter-in-Place
• A mailing to businesses concerning how to Shelter-iii-Place.
• The development of a Shelter-in-Place drill at schools and childcare centers.
• The development of a Public Service Announcement for CCTV and KCRT.
• New Wally Wise trading cards.
• New Shelter-in-Place color refrigerator magnets.
• Updating the Shelter-in-Place video,
• Staffing booths at festivals and other community events.
• Updating the Community Warning System Brochure.
• Pursuing specific outreach to the Spanish-speaking community through the
development of performance-based education.
• Continuation of the mentor program to help facilities develop Shelter-in-Place plans.
• Development of a Speakers beuru with a power point presentation.
3) A Process by which the City of Martinez can Receive Notification for all levels of
release.
The City of Martinez and the Equilon refinery have developed an agreement by which
Equilon will immediately notify the Martinez Chief of Police via telephone in the event
of any incident at the facility meeting the definition of levels 0—3. The City of Martinez
will continue to receive notification of level 2 and 3 incidents from the County via their
Community Warning System terminal.
4) A Process by which the City of Martinez can Provide Information and Updates
to Local Residents about Local Releases.
The City of Martinez has established two methods of providing information to local
residents. They have established a telephone message line, (925) 372-3463, which will be
updated with information during local incidents. They also will broadcast up-to-date
information over their local TIS radio system, 530 A.M. Eventually, the County would
like to be able to provide information to the TIS system automatically through the
Community Warning System. This capacity is not available yet, but is being developed.
Martinez area residents will also be able to receive information during incidents from the
TV, commercial radio, National Weather Service radios, and via e-mail.
2
.....................................
5) The Development of an "All-clear" Signal.
Currently, when Contra Costa Health Services determines that an incident is "all-clear"
the general public is notified via TV and radio announcements. Those homes and
businesses that received an automated telephone message through the CAN system
recommending they Shelter-in-Place also receive an automated message,telling them the
incident is"all-clear". On several occasions in the past, CAER's Emergency Notification
Committee has considered adding additional methods to the system to inform the public
when an incident is "all-clear". primarily, the addition method considered has been
adding a siren tone, different from the one used to initially signal a"Shelter-in-place"
event, to signal "all-clear".
CAER's Emergency Notification group has chosen not to recommend this addition to
Contra Costa Health Services for several reasons. First,they felt that a second, different
signal would be confusing to people. As sirens are now re-sound during incidents,people
may confuse the "all-clear"signal with the re-sounding of the siren recommending they
remain sheltered-in-place. Secondly, sirens are meant primarily to warn people who are
outdoors to go inside. They are not designed to be heard by people that are indoors. Since
people should already be indoors during an incident, the effectiveness of a siren signaling
".`all-clear"was seen as limited.
For these reasons, CAER's Emergency Notification Group felt the Community Warning
System should be left as it is concerning notifying people of an "all-clear". They felt that
instead of changing the system, additional emphasis should be put on educating people of
the need to listen to the radio or watch TV during incidents to receive up-to-date
information, including the "all-clear" signal. Given this analysis and conclusion by the
Emergency Notification Group, the County is not considering any changes to the "all-
clear"signal at this time.
6) Including the Valero facility in Benicia in the Community Warning System
The Contra Costa CAER Group has contacted the Benicia Fire Department and Valero to
discuss adding the Valero facility to the Community'Warning System. They are planning
to meet with both parties the first week of March to develop a proposal.
3
x
Office Of the County Counsel Contra Costa County
651 Pine Street, 9th Floor Phone,(926)335-1800
Martinez, CA 94555 Fax:(925)646-1078
Date: December 19, 2001
To: Board of Supervisors
From: SilvanoB Marchesi,County Counsel
By:Thomas L.Geiger,Deputy County Counsel
Re: SUMMARY OF PENALTIES AGAINST SOURCES THAT DISCHARGE AIR
CONTAMINANTS OR FAIL TO REPORT RELEASES
SL%Cv ARY
If a stationary source, such as a refinery or chemical plant,fails to notify authorities of a
hazardous materials rebase or discharges air contaminants,the source is violating state law. State law
prescribes fines and other penalties for these violations. The authority to prosecute these violations
does not rest with the County. Because of these state lades,the County's ability to impose substantial
fines on a stationary source that discharges contaminants or fails to notify authorities of a hazardous
materials release is minimal.
If a person or business fails to properly notify authorities of a release or threatened release
of a hazardous material, it is subject under state law to criminal prosecution by the District Attorney and
maybe fined up to $25,000 a day or receive a jail term. A county may impose administrative fines
against a person or business that fails to properly notify authorities of hazardous materials,release, but
only if the county has adopted written polices on the subject. We are advised,that the County has not
adapted applicable policies because the maximum fine available--$2,000.a.day--would not recover
administrative costs.
If a stationary source discharges air contaminants, an air district may pursue criminal
prosecution,civil penalties,or nuisance abatement under state law.
If a stationary source violates the County's Industrial Safety Ordinance(ISO) and poses a
danger to public or employee safety,the County may abate the danger or seek infraction fines against
the operation. Infraction fines are$100 for a first violation, $200 fora second violation in the same
year, and$504 for each additional violation in the same year.
Because Contra Costa County has a high concentration of refineries and chemical plants,
the Legislature may be amenable to considering legislation that would allow the County to impose
substantial fines on refineries and chemical plants located in the County that fail to report releases.
_................ ......... .........
......... ......... .........
..................................................................................___..
Board of Supervisors
December 19, 2001
Pele 2
BACKGROUND
On November 29, 2001, a release of sulfur dioxide and trioxide occurred at the General
Chemical plant in Richmond. The next day,steam was released from the same facility. At its
December 4,2001 meeting,the Board asked for a summary of legal remedies and applicable fines
against sources that discharge air contaminants. The summary follows.
DISCUSSION
1. Penalties for Failing to Report a Release or Threatened Release of Hazardous Materials
Article 1 of chapter 6:95 of the Health and Safety Code establishes hazardous materials
release notifications and governs business plans relating to the handling of hazardous material. If a
person or business violates Health and Safety Code section 25507 by failing to properly notify
authorities of a release or threatened release of a hazardous material, the person or business is subject
to criminal prosecution. (Health and Sa£ Code, § 25515.)' A first violation is punishable by a fine of
up to$25,000 for each day of violation, or by a jail term of up to one year,or both. (Ibid.)
Subsequentviolations are punishable by fines of$2,000 to $50,000 per day, or prison terms,or both.
If the violation results in or contributes to an emergency, including a fire,the business is also assessed
the full cost of the emergency response and of cleaning up and disposing of hazardous materials. (Ibid.)
Criminal actions are brought by the District Attorney or the Attorney General. (§ 25515.2.)
Under article 1,relevant businesses must develop and submit to the administering agency
(here,the County)business plans for emergency response to the release of a hazardous material. The
County must review the plan and develop an"`area plan" for emergency response to such a release or
threatened release. (§§ 25503,25503.5,25505.) Failing to file a business plan or failing to allow
inspections is punishable by civil penalties. (§25514.) The maximum civil penalty is $2,000 for each
day of violation,or$5,000 if the source knowingly violates article 1 after receiving reasonable notice of
the violation. (Ibid.) Civil actions under section 25514 are brought in unincorporated areas by the
District Attorney or the Attorney General. (§ 25516.1.)
In the alternative,violations of article 1 —including failure to report a release and failure to
submit a business plan—are subject to administrative penalties. (§§ 25514.5, 25514.6) The
administering agency sets the penalty amount,but the amount may not exceed$2,000 for each day of
violation,or$5,000 per day if the violation occurs after reasonable notice. (§ 25514.5.) If the
violation results in or contributes to an emergency, including a fire, the business is also assessed the full
cost of the emergency response and of cleaning up and disposing of hazardous materials. (Ibid.)
The administering agency pursues administrative penalties by issuing a complaint to the business,but
tUnless otherwise noted,all further references to sections are to sections in the Health and Safety Code.
Board of Supervisors
December 19,2001
Page 3
may not impose administrative penalties unless it has adopted a written policy. (§ 25514.6.) Contra
Costa County has not taken action to implement this legislation. Lewis G. Pascalli,Jr.,director of the
County's Hazardous Materials Program, advises that most counties have not implemented the
legislation because the maximum fine available under the statute would not recover the costs of
administering the program.
The County's ability to impose substantial fines is limited. A county may not exercise its
police power in a mariner that conflicts with general law. If an ordinance conflicts with stats law; it is
preempted by state law and is void. (Sherwin-Williams Co. v. City ofLos Angeles(1993)4 CalAth
893,897.) A conflict exists if the local legislation duplicates,contradicts,or enters an area fully
occupied by state law,either expressly or by legislative implication. In addition, a county is not.
authorized to impose fines or recover the costs of law enforcement without authorizing legislation'..
(County ofSan Luis Obispo v. Abalone Alliance(1986) 178 Cal.App.3d 848, 859.) Here,state
law establishes fines for failing to report releases and requires that prosecutions be carried out by the
District Attorney. Because of these state laws,the County may not impose fines. However,because
Contra Costa County has a high concentration of refineries and chemical plants, the Legislature may be
amenable to considering legislation that would allow the County to impose substantial tines on refineries
and chemical plants located in the County that fail to report releases.
2. Penalties for Discharfing Air Contaminants
California's clean air statute,division 26 of the Health and Safety Code, governs the
release and discharge of air contaminants. These statutes are enforced by air pollution control districts.
The Bay Area Air Quality Management District has jurisdiction within Contra Costa County.
Health and Safety Code section 41700 prohibits the discharge of air contaminants that
cause"injury,detriment,nuisance,or annoyance"to a considerable number of persons or to the public,
or which endanger the"comfort,repose,health or safety"of the public. "Air contaminants"include
smoke, fumes,gases and odors. (§39013.)
If a discharge of air contaminants has occurred, an air district may pursue criminal
prosecution(§42400),civil penalties ranging from$1,000 for strict liability violations to$1,000,000 for
willful corporate violators(§§42401-42402.4),or nuisance abatement(§§ 42450-42454).2
2 I addition,a civil action may be brought in the name of the people of the state of California to abate a public
noisancc by the District Attorney of the county where the nuisance exists, (Code Civ.Proc.,J 731,Gov.Code,§26529.) A public
nuisance is one that of lects an entire community or neighborhood or a"considerable number of persons." (Civ.Code,§3486.)
Determining whether a particular use or event is a ouisancedepends of the facts of each cast,such as the nature of the use or event,
the extent and frequency of any injury,the effect of the use or event on the enjoyment of head and property,and other similar
factors. (Shields Y. Wondries(1957)154 CalApp,2d 249;Hellman v.La Cum bre Goo'&Country Club(1992)is CaiApp.4th 1224.)
In addition to abatement,the District Attorney may file criminal charges. (Civ.Code,§3491.) Maintainingor committing a public
nuisance is a misdemeanor. (Pen.Code,§372)
r
Board of Supervisors
December 19,2041
Page 4
As with failing to report releases, the County's ability to impose fines when a source
discharges air contaminants is limited. The Legislature has enacted a comprehensive statutory scheme
that requires air districts,not counties,to enforce air pollution laws,which preempts the County from
imposing fines for the release of pollutants.
3. Penalties for Providing False Information in Risk Management Plans
Article 2 of chapter 6.95 of the Health and Safety Code requiressources such as refineries
and chemical plants to prepare risk management plans. The County determines whether the plan is
adequate under article 2 of chapter 6.95. (§25534.)
Any person or source who knowingly makes any false statement,representation or
certification in any record,report or other document used to comply with article 2'is subject to criminal
prosecution. (§ 25541.) The District Attorney prosecutes these cases. A first violation is punishable
by a fine of up to$25,000 for each day of violation, or by a jail term of up to one year, or both.
Subsequent violations are punishable by fines of$2,000 to $50,000 per day,or prison terms,or both.
(Ibid.) If the violation results in or contributes to an emergency, including a fire, the business is also
assessed the full cost of the emergency response and of cleaning up and disposing of hazardous
materials. (Ibid.)
In the alternative, any stationary source that violates article 2 is subject to civil penalties
imposed by the County. (§ 25540.) The maximum civil penalty is$2,000 for each day of violation.
(Ibid.) If the violation results in or contributes to an emergency, including a fire,the business is also
assessed the full cost of the emergency response and of cleaning up and disposing of hazardous
materials. (Ibid.) Any source that knowingly violates article 2 after receiving reasonable notice of the
violation is liable for penalties up to$25,000 for each day of violation. (Ibid.) Sources are civilly liable
to the administering agency(here,the County). (Ibid)
4. Penalties for Violating the County's Industrial Safety Ordinance
The County's ISO, chapter 450-8 of the Ordinance Code,requires a stationary source
such as a refinery to prepare a safety plan and implement a safety program. The safety plan lists the
elements of the stationary source's safety program and describes the methodology for implementing the
program.
Within 30 days of a major chemical accident or release,the County may conduct a safety
inspection to review and audit the stationary source's compliance with its safety plan or to conduct a
root cause analysis of the accident or release. (Ord: Code, §§450-8.418(0,(g)•) Based on the
inspection, the County may require modifications or additions to the safety plan. (Ord. Code, § 450-
8.018(i).)
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Board of Supervisors
December 19, 2001
Pae 5
A violation of any provision of the ISO is enforced in the same manner as violations of
other provisions of the Ordinance Code. (Ord. Code, §450-8.028.) The County may declare the
operation to be a public nuisance and undertake abatement proceedings under article 14-6.4,or may
undertake criminal infraction enforcement under chapter 14-8 of the Ordinance—Code. Infraction
violations under chapter 14-8 are punishable by fines of$100 for a first violation, $200 for a second
violation in the same year,and$500 for each additional violation in the same year. (Ord.Code, § 14-
8.004.) This is the maximum penalty allowed under state law. (Gov. Code, § 25132.)
CONCLUSION
The County's ability to impose fines on stationary sources that release air contaminants or
fail to report those releases is limited. Sate law establishes enforcement mechanisms and fines for these
violations, thus preempting the County from enforcing these violations or imposing fines. A county may
impose administrativefines for failing to report a release,but this County has not adapted written
policies on the subject. We are advised that the maximum$2,000 daily fine would not recover
administrative costs. In enforcing its Industrial Safety Ordinance, the County may not impose fines that
exceed$100 for a first violation, $200 for a second violation in the same year, and$500 for each
additional violation in the same year.
TLG:
cc: John Sweeten,County Administrator
Lewis G.Pascalli, Jr., Director, Hazardous Materials Program
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Contra Costa health Services
HAZARDOUS MATERIALS INCIDENT NOTIFICATION POLICY
I. PURPOSE:
The purpose of this Policy is to promote prompt and accurate reporting to Contra Costa
Health Services("CCHS")of releases or threatened releases of hazardous materials that may
result in injury or damage to the community and/or the environment.
The primary reason for prompt and accurate notification to CCHS is to enable CCHS to
take measures to mitigate the impacts of hazardous materials release, such as.
1. Dispatching emergency response teams quickly and with the appropriate equipment
and personnel
2. Assessing the extent of the release or the potential extent of the release and whether
neighboring communities are at risk of exposure
3. Determi cuing whether the Community Warning System should be activated(if not
already activated)'
4. Desponding to inquiries from the public and the media
H. BACKGROUND "
A. Origin of Policy
The Contra Costa County Board of Supervisors approved the original Hazardous
Materials Incident Notification Policy on November 5, 1991. The,polio was established in
response to incidents,bath in Centra Costa County and elsewhere, which demonstrated that
preffininary assessments of hazardous materials releases often underestimate the extent and
potential danger of such releases.
B. Policy Supplements Regulations
CCHS administers Article 1 of Chapter 6.95 of the California Health and Safety Cade,
often referred to as the`SAB 2185" or"Business Plan"program,which requires immediate
notification in the event of a hazardous materials release. In addition,the Board of Supervisors
adapted Chapter 450-2 of the Contra Costa County Ordinance Code to supplement and facilitate
the implementation of Chapter 6.95. In particular, Section 450.2.016 requires immediate
reporting to CCHS of any release of a hazardous material reportable under any law to any federal,
state or other local regulatory agency.
" Facilities capable of initiating the Community Warning System shall follow the Community
Warning System Operating Protocols established for it in addition to this policy.
June 19, 2001 Page t
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CCHS also administers Article 2 of Chapter 6.95 of the California Health and Safety
Code, formerly referred to as the Risk Management and Prevention Program(RADP), and now
known as the California Accidental Release Prevention(CalARP) Program This policy assists
facilities to meet their obligations under these and other laws.
C. Community Warning System
The CaLARP Program requires facilities to determine the potential off-site consequences
from accidental releases of a CaLARP Program regulated substance. This information has been
used in developing emergency response plans for such potential releases. This information has
also been used to design the Community Warning System("CWS").
The CWS is a computer-integrated alerting and notification system that incorporates
safety sirens, emergency responder pagers, Emergency Digital Information System("EDIS"), the
Emergency Alerting System("EAS), the California Law Enforcement Radio System("CLERS"),
and an automated telephone dialing system. EDIS, EAS, and CLERS are different ways of
getting messages to emergency responders, including law enforcement, the media, and the
National Weather Service(which transmits information to NOAA Weather Radios). The
automated telephone dialing system calls households and businesses and transmits short messages
about the incident and recommended protective actions.
The CWS was developed through the efforts of the Contra Costa County Community
Awareness and Emergency Response ("CAER!') Group working cooperatively with CCHS,
representatives from local industry, the community, and other regulatory agencies to provide local
residents with timely notification of emergencies, including hazardous materials releases.
The success of the CWS is dependent upon industry's prompt notification to CCHS.
CCHS would like the public to be assured that the CWS will be activated in a timely manner to
implement preventive measures, such as sheltering-in-place. The CWS may also be activated to
allay community concerns when a visible incident occurs, such as an explosion that does not pose
a health hazard. (In order to expedite notification, some facilities have CWS terminals on-site and
may activate the CWS directly using pre-defined protocols and procedures.)
D. Benefits of Prompt Notification and Cooperation
CCHS is aware that information provided during the initial notification may be preliminary
and that facilities may not be able to provide completely accurate information. CCHS also does
not intend for the need to provide notification to CCHS to impede other emergency response
activities related to the release. However, CCHS' ability to make quick and informed decisions to
mitigate the impacts of a release is dependent upon receiving prompt notification and accurate
information about the release.
Since its adoption in 1991, this policy has improved cooperation and communication
between industry, CCHS, and the public during hazardous materials emergency events. CCHS
remains committed to ongoing improvement of this policy as industry, CCHS,and the public gain
additional experience.
Page 2
June 19, 2001
M. POLICY:
A. When Immediate Notification Required. Responsible businesses' are required
to provide immediate notification to CCHS of a release or threatened release in the following
situations.
1. General. Immediate notification is required upon discovery of any release or
threatened release of a hazardous material for which exposure to the release
concentration poses or results in adverse health effects other than mild transient
effects.
2. Specific Situations. Immediate notification is required in the following situations:
a. The release or threatened release of a hazardous material that results in a
substantial probability of harm to nearby workers or the general public,due to the
toxic properties of the material. At a minimum,this includes all hazardous
materials incidents in which ambulance response is requested or medical attention,
other than first aid, is soughton-site or offsite. (Do not delay reporting if the
level of treatment is uncertain.)
b. The release or threatened release of any CaL&RP Program Regulated Substance
that, due to size,concentration,or physical properties,results in a substantial
probability of adverse health effects other than mild transient effects to nearby
workers or the general public.
c. The release or threatened release may affect the surrounding population resulting
in,at a minimum, odor, eye or respiratory irritation..
d. The event may cause general public concern, such as in cases of fire, explosion,
smoke, or excessive flaring.
e. The release or threatened release may contaminate suxfitce water,groundwater or
soil, either on-site (unless the spill is entirely contained and the clean-up is initiated
immediately and completed expeditiously) or off-site.
f. The release or threatened release may cause off-site environmental damage.
g. The release or threatened release occurs during transport, storage, or loading of
such material,via vehicle, rail,pipeline,marine vessel,or aircraft.
2The term"responsible business"or"business" includes facilities and ether entities that
have custody of the hazardous material at the time that it is accidentally'released,or the facility
where the rebase occurs. For example, a transportation company is the responsible business if the
material is released in transit. If there is a release from a transport vehicle when the vehicle is at a
fixed facility,the fined facility is primarily responsible for notifying CCHS under this policy.
June 19,2001 Page 3
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h. The facility's Safety Supervisor or equivalent personnel is placed on alert due to a
release or threatened release resulting from an emergency situation, including, but
not limited to, emergency shutdowns or major unit start-ups.
B. Who to Notify. Immediately notify the CCHS Incident Response Team
(on-call 24 hours a day) by any of the following methods
1. Directly via emergency response pagers(To receive the pager number,please contact
the CCHS Incident Response Team in advance at(925) 646-2286.)
2. Any time by phone at(925) 646-1112
3. Through a CWS communication terminal
C. Required Information. Provide the information required by the Facility incident
Checklist(Attachment A). Do not delay the notification due to inability to provide any of the
information called for in the Facility Incident Checklist.
D. Notification under this policy does not relieve the responsible business from having
to comply with any legal requirement to notify other local, state or federal agencies.
E. When Notification Not Required. This policy does not require reporting of a
release of a hazardous material that clearly does not meet any of the criteria described in
Subsection A, above. Examples of such situations are:
1. Ambulance calls not associated with hazardous materials incidents(e.g., falling off of a
ladder).
2. Small spills of less than 3 fifty-five gallon drums(165 gallons), where the spill is
contained, and where it is clear that none of the situations described in Subsection A
apply. Spill containment means:
a. The spilled material is caught in a fixed berm or dike or other impermeable surface,
or is contained by using effective spill control measures
b. All of the spilled material is prevented from contaminating surface or groundwater
e. The spill does not pose a substantial probability of adverse health effects other than
mild transient effects to the general public
F. Follow-up Reporting of a Hazardous Materials Release.
1. For all Level 2 and Level 3 incidents(as defined in Attachment A-1), or upon request
of CCHS, a written follow-up report of the incident shall be submitted within 72-
hours. (If the due date falls on a weekend or holiday,the Director of Hazardous
Materials Programs may allow the report to be submitted on the next business day.)
The report shall confirm, modify and/or update the information provided in the initial
notification(Facility Incident Checklist). The report shall be submitted on the 72-
Hour Follow-Up Report Form(Attachment B).
June 19, 2001 Page 4
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2. A written final report of the incident shall be mage to CCHS as soon as practicable,
but no later than 30 calendar days from the date of the release, for all Level 2 and
Level 3 incidents and for any incident for which CCHS requests such a report. If the
investigation has not been completed within 30 calendar Clays, an interim report shall
be submitted and a final report submitted when the investigation is completed. CCHS
may request monthly status reports of the incident investigation if the ficial report is
not submitted within 30 calendar days from the date of the release. Refer to
Attachment C for the 30-Day Final Incident Report format.
3. All"Major Chemical Accidents or Releases"(defined at County Ordinance Code
section.450-8.014(h)) should be investigated using root cause investigation
methodology. CCHS will either participate in or closely monitor the investigation.
(County Ordinance Code, § 450.8.016(C)(I).)
4. If the release requires a written emergency release follow-up report to be submitted to
the Chemical Emergency Planning and Response Commission pursuant to section
2705(b)of Title 19 of the California Code of Regulations, a copy of'such report shall
be sent to CCHS within IS calendar days.
5. A facility may elect to include with the 30-Day Incident Report Form(Attachment C)
a briefnarrative of how this incident relates to any of the prevention programs
required by Cab RP regulations and described in the CCHS WARP guidance
document.
6. Reports should be sent to the following address:
Contra Costa Health Services Department
ATTENTION: Lewis G. Pascalh, Jr.
Hazardous Materials Programs Director
4333 Pacheco Boulevard
Martinez,CA 34553
IV.REFERENCES: California Health and Safety Code Chapter 6.95 (§ 25500 et seq.); 19
Cal.Code Regs § 2703 et seq.; County Ordinance Code Chapter 450.2. (CalifbmianPubl c
Utilities Commission Decision 91-08-019/R.88-07-039 requires similar notification for rail
accidents.)
Bd approved 11/5191
Revised Bd approved 1/93
Revised Bd Approved 6/19101
H;\11A23v1AT1CWs1no0ficutiaalnotpo1 010601 eleau.mpd
June 19,2001 Mage 5
Figure 1. CCHS Hazardous Materials Incident Notification Policy Flowchart
DISCOVERY OF
HAZARDOUS
MATERIALS
RELEASE
DOES Event
MEET N NO FURTBER
NOTIFICATION" ACTION
REQMNTS? REQUIRED
Y
BRAEDIATE
NOTIFICATION TO
CCHS by TELEPHONE,PAGER,
!O S
PROVIDE INFORMATION
IN ATTACIRAENT`A' N
IS RELEASE CCHS REQUEST
EITHER LEVEL Y FOLLOWUP
0ORLEVEL I? REPORT?
FOR INTTLAL N
RESPONSE ONLY
WRITTEN FOLLOWUP ly
REPORT TO CCHS APPLICABLE
WITFUN72-HOURS TO 72-HOTJR
REPORT
APPLICABLE
TO 30-DAY
REPORT
INVESTIGATION SUBMIT
BEEN N INTERIM
COMPLETED
WITHIN 30 DAYS? REPORT(S)
Y
SUBMIT FINAL REPORT
(ATTACHMENT`C')
(cont.)
June 19, 2001 Page 6
(Figure 1,cant.)
IS FOLLOWUP SUBMIT APPROPRIATE
REPORT TO REPORT TO CCHS
STATE OES WITI-IIN 15 DAYS
REQUIRED?3
N
IS NO FURTHER
INCIDENT MAJOR N—] ACTION REQUIRED
CHEMICAL
ACCIDENT OR
RI~,r:P:aSF,h
Y
INVESTIGATE INCIDENT
USING
R�ty7�OTT CAUSE
IvIEL11ODOL Y3
IN CONJUNCTION WITH
CCHS2
'as per Section 2705(b)of Title 19 CCR..
'Contra Costa County Ordinance Code Chapter 450-8.016(C)(1)( there applicable)
June 19, 2001 Page 7
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ATTACHMENT A
FACILITY INCIDENT CHECKLIST
Date: Time: Initial:
❑ A.Call/Page CCC Hazardous Materials Programs Division[Phone:(925)646-1112,Pager:
INFORMATION NEEDED IMMEDIATELY(IF KNOWN)
❑ B.State your name and identify your facility and its address.
❑ C.State your phone number or a number with immediate access to an individual who can answer further questions
from CCHS. (No voice mail phone numbers.)
❑ D.State the Community Warning System(CWS)Plant Reporting Classification Level(0, 1,2 or 3): (See
Attachment A-1).
❑ E.Has the material gone off-site?Yes/No/Unknown. If yes,what area is being impacted? What is the
direction of flow? Is there any impact to storm drains or surface waters?
❑ F.Have CAN Zones been activated?Yes/No If yes,which CAN Zones have been activated? If no,which CAN
Zones should be activated,if any?
❑ G.State,if known,the chemical or material released and describe the physical state (solid,liquid,gas
and/or vapor). Has this been verified? YesNo/Unknown
❑ H.Have you received any public complaints? Yes/No/Unknown.
❑ 1. State wind direction out of(from)the to the and degrees if known.
[E.g.,"Wind is blowing from the Northwest(300'°)to the Southeast(120')].
❑ J. State wind speed._(If wind speed is unknown,inform CCHS whether the wind is blowing
significantly or not.)
INFORMATION NEEDED AS SOON AS POSSIBLE
❑ K.Are there any injuries on-site or off-site? YesNo/tJnknown
❑ L. State the on-site contact person and gate number or address to which the CCHS Incident Response(IR)Team
should respond.
❑ M.Are any sensitive receptors or subdivisions nearby? (e.g.,School/Day Care facilities/Hospitals/Nursing
Homes
❑ N.Has the facility's"Emergency Operations Center"or emergency response staff been activated?Yes/No/
Unknown
❑ O.State estimated quantity of chemical released(over-estimate rather than under-estimate release)
❑ P.Have other agencies been notified? Yes/No. If yes,state list.
❑ Q.Is there potential for involvement of other hazardous materials due to the proximity to the incident?
June 19, 2001 Page 8
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ATTACHMENT A-1
HAZARDOUS MATERIAL REPORTING CLASSIFICATION
LEVELS
LEVEL 0 (easily contained and controlled by plant personnel) is
categorized by any of the following:
1. On-site only.
2. Safety Supervisor,or equivalent,is placed on alert due to a release or threatened release resulting from an
emergency situation,including,but not limited to,emergency shutdowns or major unit startups.
3. Vapor release that is not expected to pose an immediate threat to the health and safety of people in the
affected area. The release is more than an instantaneous release or"puff."
4. Liquid spill contamination.(The spill is more than three 55-gallon drums-165 gallons—and does not meet
any of requirements for notification listed in levels 1-3 and if the spilt is not contained.)
5. The facility receives or is made aware of three(3)or more unsubstantiated odor complaints within an hour.
LEVEL 1 is categorized by any of the following:
I. On-site:possible off-site.
Z. Confirmed(3 or more odor complaints within one hour and substantiated by plant personnel as an on-site
problem)off-site odor from facility.
3. Fire/smoke which requires a response from workers outside the immediate area,but not visible off-site.
4. Excess flaring.
5. Spill or release incident that meets an RQ(Reportable Quantity)requirement and dues not meet any of the
requirements of Level 2 or 3.
LEVEL 2 is categorized by any of the fallowing:
I. Off-site impact where eye,skin,nose and/or respiratory irritation may be possible.
2. Explosion with noise/pressure wave impact off-site.
3. Fire/smoke/plume(other than steam)visible off-site(does not include fire training exercises)
LEVEL 3 is categorized by any of the following:
. Offsite impact that is expected to cause eye,skin,nose and/or respiratory irritation in the community(ERPG
Level 2 concentration reading or greater).
2. Fire,explosion,heat,or smoke with an off-site impact.
Example: On a process unit/storage tank where mutual aid is requested to mitigate the event and the fire will
last longer than 15 minutes.
3. Hazardous material or fire incident where the incident commander or unified command,through consultation
with the Hazardous Material Incident Response Team,requests that sirens should be sounded.
June 19, 2001 page 9
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ATTACHMENT B For CCHS Use Only:
72 HOUR FOLLOW-UP NOTIFICATION REPORT FORM
CONTRA COSTA HEALTH SERVICES Received By:
Date Received:
INSTRUCTIONS:This report is to be submitted for all Level 2 and 3 incidents Incident Nutfter:
or when requested by CCHS. See Attachment B-I for suggestions regarding the Copied To:
type of information to be included in the report. Attach additional sheets as Event Classification Level:
necessary. Forward the completed form to:
ATTENTION: Lewis G.PascallL Jr.
Hazardous Materials Programs Director
Contra Costa Health Services
4333 Pacheco Boulevard
Martinez,CA 94553
INCIDENT DATE:
INCIDENT TIME:
FACILITY:
PERSON TO CONTACT FOR ADDITIONAL INFORMATION
Phone number
I. SUMMARY OF EVENT:
H. AGENCIES NOTIFIED,INCLUDING TIME OF NOTIFICATION:
III. AGENCIES RESPONDING,INCLUDING CONTACT NAMES AND PHONE NUMBERS:
IV. EMERGENCY RESPONSE ACTIONS:
V. IDENTITY OF MATERIAL RELEASED AND ESTIMATED OR KNOWN QUANTITIES:
June 19, 2001 Page 10
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72 HOUR REPORT,PAGE 2
INCIDENT DA'T'E:
FACILITY:
V1. METEOROLOGICAL CONDITIONS AT TIME OF EVENT including wind speed,erection,and temperature:
VII. .DESCRIPTION OF INJURIES:
VIII. COMMUNITY IMPACT including number of off-site complaints,air sampling data during event,etc.:
IX. INCIDENT INVESTIGATION RESULTS
Is the investigation of the incident complete at this time? Yes Ni
If the answer is no,submit a 30 day final or interim report.
If the answer is yes,complete the following:
X. SUNEMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT:
Xl. SUl' UgARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT RECURRENCE
INCLUDING MILESTONE ANIS COMPLETION DATES FOR IMPLEMENTATION:
June 19, 2001 Page I I
ATTACHMENT C For CCHS Use Only:
30-DAY FOLLOW-UP NOTIFICATION REPORT FORM
CONTRA COSTA HEALTH SERVICES Received By
Bate Received:
INS'T'RUCTIONS:finis report is to be submitted for all Level 2 and 3 incidents I :
nddent ft1ti3@T:
or when requested by CCHS. See Attachment C-1 for suggestions regarding the Copied TO:
type of information to be included in the report. Attach additional sheets as Event Cla slfleWon Level: -
necessary. This farm is to be used for update reports after the initial 30 day
report has been submitted.Forward the competed form to:
ATTENTION: Lewis G. Pascai,Jr.
Hazardous Materials Programs Director
Coma.Costa Health Services
4333 Pacheco Boulevard
Martinez,CA 94553
INCIDENT DATE:
INCIDENT TIME:
FACILITY:
PERSON TO CONTACT FOR ADDITIONAL INFORMATION
Phone number
PROVIDE ANY ADDITIONAL INFORMATION THAT WAS NOT INCLUDED IN THE 72-HOUR
REPORT WHEN THE 72-HOUR REPORT WAS SUBMITTED,INCLUDING MATERIAL
RELEASED AND ESTIMATED OR KNOWN QUANTITIES,COMMUNITY IMPACT,INJURIES,
ETC.:
I. INCIDENT INVESTIGATION RESULTS
Is the investigation of the incident complete at this time? Yes No
If the answer is no,when do you expect completion of the Investigation?
If the answer is yes,complete the following:
SUMMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT:
SUMMARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT
RECURRENCE INCLUDING MILESTONE AND COMPLETION DATES FOR
IMPLEMENTATION:
June 19, 2001 Page 13
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30-DAY REPORT,PAGE 2
INCIDENT DATE:
FACILITY:
STATE AND DESCRIBE THE ROOT-CAUSES)OF THE INCIDENT:
June 19, 2001 Page 14
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ATTACHMENT C-1
30-Day Report Guidelines
The following outline rests items in addition to those listed on the 72-Hour report guidelines
(attachments B and B-1) that may be included in the 30-Day Final Report to C�'.�1S following
the accidental release of a hazardous material..
(Not all of the items listed below may not be applicable or available at the time of submission)
I. ADDITIONAL INFORMATION
+► Detailed Event Timeline
• Correspondence(if determined to be relevant)
+� Relevant History of Incidents with Similar Equipment or Procedures
II. INCIDENT INVESTIGATION
• Findings/Conclusions,including causal factors, contributing factors, and root
causes or their equivalent
Preliminary Corrective Action/Preventative'Measures
— Immediate
-- Long-Term
— Implementation Dates
June 19, 2001 Page 15
HAZARDOUS MATERIALS INCIDENT NOTIFICATION POLICY
GLOSSARY
• Environmental damage: detrimental impact on surroundings beyond facility operations.
• Excessive flaring: flaring beyond a normal manner, in a way that may cause community
concern.
Responsible Business: The business that has the custody of the hazardous material
when there is an accidental release or the business where the accidental release occurs.
Examples are 1) transportation companies when they are offsite from a business is then the
responsible business when there is a release from their transport vehicle,2) if there is a
release from a transport vehicle at a fixed facility,then the fixed facility is the responsible
business.
• Root cause investigation: a method for investigating and categorizing the root causes of
hazardous materials incidents with safety,health, AND environmental impacts. Root
causes are the most basic causes that can reasonably be identified,that management has
control to fix, and for which effective recommendations for preventing recurrence can be
generated.
• Safety supervisor: facility employee(s)responsible for coordinating and/or implementing
emergency response activities. Note: This position may be incident specific.
June 19, 2001 Page 16
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Monday,3/18/02
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
INTERNAL OPERATIONS COMMITTEE
The CAER Board of Directors is comprised of the following individuals:
• Communlity Members: Leslie Stewart, Bob Campbell,Paul Craig
• Agency Members: Lew Pascalli,Chief Keith Richter,Sheriff Warren Rupf
• Industry Members: Ric Bonner, Bob Edwards, Bill Klein, Pete Jurichko, Bill
Howell,John Sampson
• At Large Member: Dave Peck
The CAER Staff is comprised of the following individuals:
• Executive Director: Tony Semenza.
• Executive Assistant: Lori McDonald
Items to be discussed:
a. Development of consistent policies for public access to the County's
notification policy for chemical releases;
• The County currently has a notification policy for chemical releases.
CAER members sit on a CAER sub-committee that works with the County
on the notification policy as it relates to the Community Warning System.
CAER is doing all it can with limited resources to provide this information
to the community.
Outreach and education;
• CAER's Community Outreach Committee continues to work on providing
information on Shelter-In-Place and Emergency Preparedness by working
with educators and through workshops and presentations to community
groups and the Spanish-speaking community. CAER also provides
information at fairs, festivals and other community celebrations. Again,
CAER is limited to a two-person full-time staff and a number of volunteer
functional groups.
Notification protocols between the County and the Cities;
• This is a County issue. CAER does agree that cities need to work more
closely with the County and CAER on helping to educate their
communities.
Alternatives for an"all cleat" signal;
• It is the position of the CAER Board that no siren should be used for an
all-clm signal. With the current re-sounding policy in effect any
additional sirens would tend to be confusing to the public. The CAER
Board supports the current policy of the County Health Services wherein it
issues all-clear notifications using any and all media outlets to provide this
information.
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b. Review of policy for timely notification by industrial facilities to the County of
hazardous materials releases.
The CAER Board feels that most of the industrial facilities in the county are doing
a responsible and effective job by reporting immediately any time there is an
incident that has potential impact on the community. In particular, there are
currently six industrial locations that have the ability to activate the Community
nun
Warning System with the push of a button. The CAER Board believes that these
facilities are acting responsibly but recognizes that every siren-sounding event
must be reviewed and critiqued to insure that this protocol is being followed.
There were two recent events where notification delays did occur. in one instance
(Equilon) there was an immediate failure to recognize that the release would get
off-site. In another instance (Chevron) the facility asked the County to activate
the system rather than doing it themselves because they believed the incident to
be minor and, if anything,only affected a very small portion of the community.
c. Potential for establishing fines for violations of the Industrial Safety Ordinance
and the California Accidental Release Prevention Program.
• The Board would like to have an opportunity to comment after hearing whatever
the proposal is.
d. Proposed amendment to the Industrial Safety Ordinance to require a minimum
notification period for work stoppages.
• Again, the Board would have to see what amendment was enacted and then
decide if it was their function to comment on it.
e. Development of a Request for Information/Proposals for a new emergency
telephone notification system.
The CAER Board recognizes that telephone ring down systems tend to be a
slower way to communicate any incident. The Board does understand the
problems with the current CAN system and supports County Health Services
Department in their quest to see if there is a more efficient system available.
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