HomeMy WebLinkAboutMINUTES - 02282006 - D.5 D.5
02/28/06
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 28, 2006 by the following vote:
1• AYES: Supervisors, Piepho, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: Uilkema
ABSTAIN: None
CONTINUED to March 14, 2006 the declaration of intent to adopt amendments to Ordinance Code
Chapter 450-8 on Industrial Safety as recommended by the Health Services Director, and directing staff to
prepare an ordinance for Board consideration.
I HEREBY CERTIFY TI-IAT THIS IS A TRUE:AMD
CORRECT COPY OF AN ACTION TAKEN AND
I?N173RED ON Ti IE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN. r�
ATTESTED na
John Sweeten,Clerk ol, pard of Supervisors
and Countv Administra or
By Deputy
TO: BOARD OF SUPERVISORS Do
Contra
� -
FROM: DENNIS M. BARRY, AICP, ;, d'Pt . �• ;z Costa
COMMUNITY DEVELOPMENT DIRECTORS County
WILLIAM WALKER, M.D.,
�Xr�—'Lun't'�cT
HEALTH SERVICE DIRECTOR
DATE: FEBRUARY 28, 2006
SUBJECT: DECLARE INTENT TO CONSIDER ADOPTION OF AMENDMENTS TO ORDINANCE
CODE CHAPTER 450-8, ON INDUSTRIAL SAFETY, AS RECOMMENDED BY THE
HEALTH SERVICES DEPARTMENT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
DECLARE intent to consider adoption of certain technical update and clerical
amendments to the Ordinance Code Chapter 450-8, on Industrial Safety, as
recommended by the Health Services Department, and AUTHORIZE the Community
Development Director, Health Services Director, and County Counsel to prepare an
ordinance to adopt these technical update and clerical amendments for hearing
before the Board of Supervisors.
CONTINUED ON ATTACHMENT: X YES SIGNATURE t (,f�&
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD OMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER_
1 HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
VOTE OF SUPERVISORS ENTERED ON THE MINUTES OF THE BOARD OF
UNANIMOUS (ABSENT SUPERVISORS ON THE DATE SHOWN
AYES: NOES:
ABSENT: ABSTAIN:
Contact: P. Roche, CCC-CDD(925)335-1242 ATTESTED
cc: CAO JOHN SWEETEN, CLERK OF THE BOARD OF
Clerk of the Board SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development Department
County Counsel
Hazardous Materials Div., Health Services Department BY DEPUTY
Better Government Ordinance file
F :i •
February 28, 2006
Board of Supervisors
Amendments to Industrial Safety Ordinance, as recommended by Health Service Dept.
Page 2
FISCAL IMPACT
No fiscal impact is expected at this time. The proposed amendments to the ordinance would not
require additional staff time or resources, but if demand is placed on staff time, fees would be increase
to cover increased staff costs.
BACKGROUND / REASONS FOR RECOMMENDATION
On September 17, 2002 the Board of Supervisors considered a proposal to amend County Ordinance
Code Chapter 450-8 (Industrial Safety Ordinance) to include contractor employee training
requirements. As a result of the deliberations on this proposed ordinance amendment, the Board
determined on December 2, 2002 to prepare an Environmental Impact Report to assess the potential
environmental impacts of the proposed amendments. Following the Board's direction, the Community
Development Department issued a Notice of Preparation for Environmental Impact Report on March
31, 2003. The County released a Draft Environmental Impact Report in September 2004 and
completed a Response to Comments/Final Environmental Impact Report in November 2005. The
County Zoning Administrator conducted a meeting on the adequacy of the Draft Environmental Impact
Report on October 18, 2004, and then again on November 22, 2005 the Zoning Administrator
announced his recommendation for the Board of Supervisors on the adequacy of the Final
Environmental Impact Report. The Final Environmental Impact Report has not been certified by the
County.
The Environmental Impact Report also considered other proposed amendments to the Ordinance
Code Chapter 450-8 that were recommended by Randy Sawyer, Hazardous Materials Program
Director for the Health Services Department. These amendments are intended to update and clarify
other sections of the Industrial Safety Ordinance. Unlike the proposed contractor employee training
requirements, the Health Services Department recommendations were as a whole non-controversial
and generally not subject to comment during the course of the environmental review process.These
amendments were drafted by County staff in consultation with industry during the same time period as
the Board was considering the proposed contractor employee training requirements. These
amendments include the following clarifications ortext updates to the Industrial Safety Ordinance(see
attached draft of amendments to ordinance prepared in 2004, listed as Exhibit A to this Board Order):
• Replace reference to the Accidental Release Prevention Program, instead of Risk
Management Accidental Release Prevention Program, and deletion of the term "Risk
Management";
• Incorporate the California Accidental Release Prevention (CaLARP) Program into the Industrial
Safety Ordinance, including new definitions for the terms "catastrophic release", "human
factors", and "human systems", and incorporate the CalARP requirements related to these
terms into the ordinance;
• Update to reference name of industry association;
• Expand the requirements to consider Human Factors and manage changes where there is a
proposed change in the organization,
• Require facilities to do a Safety Culture Assessment, and,
• Update to definition of the term "Major chemical accident or release".
February 28, 2006
Board of Supervisors
Amendments to Industrial Safety Ordinance, as recommended by Health Service Dept.
Page 3
BACKGROUND / REASONS FOR RECOMMENDATION - continued
The Health Services Department recommended amendments were considered in the Environmental
Impact Report to assure that they receive the same level of review under California Environmental
Quality Act and to remove any doubt that the County was segmenting its environmental review of
proposed amendments to the Industrial Safety Ordinance.
On November 1, 2005, the Board of Supervisors authorized the Health Service Director to work with
the Contra Costa Community College District and various industry and labor stakeholders to form an
Industrial Training Institute Committee to develop and recommend to the Board the establishment of
an Industrial Training Institute. The stated goal of this effort is to insure that all regular and contract
employees who work in oil refineries and other heavy industrial facilities meet the highest skill and
safety training.
Although the Board's above-mentioned training institute initiative leaves an open question about when
or how contractor employee training requirements would be amended into the Industrial Safety
Ordinance, staff believes it does not affect the technical and clerical amendments, as recommended
by the Health Services Department, and recommends that these amendments be brought forward to
the Board for its consideration. Staff recommends that the Board declare its intention to consider
adoption of the Health Service Department recommended amendments and furthermore authorize the
Community Development Director, Health Services Director, and County Counsel to prepare an
ordinance to adopt these amendments for hearing before the Board of Supervisors.
Attachments (1 item)
Exhibit"A": Proposed Amendments to the Ordinance Code Chapter 450-8, Industrial Safety,as recommended bythe
Hazardous Materials Program Manager, Contra Costa County Health Services Department, drafted in
2004
GAAdv nce Plannhq\adrplanVSOVWmoommendedlSOamendbo2-28-06.doc
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ORDINANCE NO. 2004-
(AMENDMENTS TO ORDINANCE CODE CHAPTER 450-8,
ON INDUSTRIAL SAFETY)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. Section 450-8.004 of the County Ordinance Code, is amended, by updating the
reference to "State Risk Management Program, to "State Accidental Release Prevention
Program,"to reflect amendments to state law, and to make other non-substantive changes, to
read:
450-8.004 Purpose and Goals. (a) The purpose of this ordinance is to impose
regulations which improve industrial safety by: the f flew nR-
a•
(1) requiring the conduct of process hazard analyses for covered processes handling
hazardous materials not covered by the federal or state Risk Management Accidental Release
Prevention Programs;
(2) requiring the review of action items resulting from process hazard analyses and
requiring completion of those action items selected by the stationary source for implementation
within a reasonable time frame;
(3) requiring the review of accidental release prevention efforts of stationary sources and
providing for the conduct of investigations and analyses for the determination of the root cause
for certain incidents;
(4)providing review, inspection, auditing and safety requirements that are more stringent
than those required in existing law and regulations;
(5)providing for public input into the safety plan and safety program and public review
of any inspection and audit results;
(6) facilitating cooperation between industry, the County, and the public in the prevention
and reduction of incidents at stationary sources;
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(7) expanding the application of certain provisions of the federal and state Ri-sk
Management-Accidental Release Prevention Programs to processes not covered by the federal or
state Risk Malt-Accidental Release Prevention Programs;
(8) verifying that an approved security and vulnerability study is performed, and that the
recommendations are addressed within a reasonable time frame;
(99) requiring the development and implementation of a written human factors program;
and
(910)preventing and reducing the number, frequency, and severity of accidental releases
in the County.
(Ords. 2004-_§ 1; 98-48 § 2.)
SECTION 11. Section 450-8.010 of the County Ordinance Code is amended, to clarify that
storage tanks containing a material that has a flashpoint above 141°F and below 200°F are not
exempt from Chapter 450-8, and to make other non-substantive changes, to read:
450-8.010 Applicability. (a) This ordinance shall apply to stationary sources;
except that:
(b) The following are exempt from the provisions of this chapter except Sections 450-
8.016 (c) and (e), and 450-8.018 (f) and (g):
(1) storage tanks containing a non-regulated substance, except for storage tanks that
contain a material that meets the eenibustible liquid definition of has a flashpoint above 141'F
and below 200°F in accordance with the definition of combustible liquid in 49 CFR 173.120(b);
(2) drum storage of: (A) a non-regulated substance; (B) less than 10,000 pounds of a
Hazard Category B material located such that the drums could reasonably be expected to be
involved in a single release; and (C)feT a Hazard Category A material, located such that the
drums could reasonably be expected to be involved in a single release, at less than the quantity
specified as the Threshold Planning Quantity on the Extremely Hazardous Substances list
(Appendix A to 40 CFR Chapter I, Subchapter J,Part 355, as amended from time to time) or 500
pounds,whichever is less;
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(3) activities in process plant laboratories or laboratories that are under the supervision of
a technically qualified individual as defined in Section 720.3 (ee) of 40 CFR. This exemption
does not apply to specialty chemical production; manufacture, processing or use of substances in
pilot plant scale operations; and activities conducted outside the laboratory;
(4) utilities, except for fuel gas and natural gas systems to the battery limits of a process
unit; and
(5) any waste tanks, containers or other devices subject to the federal and state hazardous
waste laws, including the Resource Conservation and Recovery Act (RCRA), 40 CFR Chapter I,
Subchapter I, commencing with Part 260, the California Hazardous Waste Control Law,
California Health and Safety Code, commencing with Section 25100 and the California Code of
Regulations, Title 22 Division 4.5 Environmental Health Standards for the Management of
Hazardous Waste.
(Ords. 2004-` § 2; 98-48 § 2.)
SECTION III. Section 480-8.014 of the County Ordinance Code is amended, to modify the
definition of"major chemical accident or release," and to add definitions for"California
Accidental Release Prevention Program," "catastrophic release," "human error" and "human
factors," and to make other non-substantive changes, to read:
450-8.014 Definitions. For purposes of this chapter the definitions set forth in this
section shall apply. Words used in this chapter not defined in this section shall have the
meanings ascribed to them in the Clean Air Act Regulations (40 CFR § 68.3) and in California
Health and Safety Code article 2 (§ 25531 et seq.) of Chapter 6.95, unless the context indicates
otherwise.
(a) "Covered process" means any process at a Stationary Source.
(b) "Department" means the Contra Costa County Health Services Director and any
Director authorized deputies.
(c) "Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, legal, social, and
technological factors.
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(d) "Hazard Category A Materials" are substances which meet the Hazard Category A
Material definition as set forth in Section 84-63.1016.
(e) "Hazard Category B Materials" are substances which meet the Hazard Category B
Material definition as set forth in Section 84-63.1016.
(f) "Industry codes, standards, and guidelines" means the edition of the codes, standards,
and guidelines in effect at the time of original design or construction for the design, construction,
alteration,maintenance or repair of process units, industrial equipment, or other industrial
facilities, structures or buildings published by, but not limited to, the American Petroleum
Institute (API), the G efnieai M.nuf ,etre,-s n tie (CMA), the American Chemistry
Council (ACC), the American Society of Mechanical Engineers (ASME) or the American
National Standards Institute (ANSI), and meets Recognized and Generally Accepted Good
Engineering Practices (RAGAGEP).
(g) "Inherently safer systems" means "inherently safer design strategies'' as discussed in
the 1996 Center for Chemical Process Safety Publication "Inherently Safer Chemical Processes,"
and means feasible alternative equipment,processes, materials, lay-outs, and procedures meant
to eliminate, minimize, or reduce the risk of a major chemical accident or release by modifying a
process rather than adding external layers of protection. Examples include,but are not limited
to, substitution of materials with lower vapor pressure, lower flammability, or lower toxicity;
isolation of hazardous processes; and use of processes which operate at lower temperatures
and/or pressures.
(h) "Major chemical accident or release" means an incident that meets the definition of a
Level 3 or Level 2 Incident in the Community Warning System incident level classification
system defined in the September-27 199:7 Contra r-,est County guideline f,-the C,.,..,unit.
Waming Hazardous Materials Notification Policy, as determined by the Department; or
results in the release ineluding, but net lifnited to, air-, water-, or-seil of a Regulated Substance and
meets one or more of the following criteria:
(1)results in one or more fatalities;
(2)results in greater than 24 hours of hospital treatment of three or more persons;
(3) causes on and/or off-site property damage (including clean-up and restoration
activities) initially estimated at $500,000 or more. On-site estimates shall be performed
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by the stationary source. Off-site estimates shall be performed by appropriate agencies
and compiled by the Department;
(4) results in a flammable vapor cloud of flammables and/or combustibles that is more
than 5000 pounds.
(i) "Regulated substance"means (1) any chemical substance which satisfies the
provisions of California Health and Safety Code section 25532 (g), as amended from time to
time, or(2) a substance which satisfies the provisions of Hazard Categories A or B in section 84-
63.1016. Mixtures containing less than 1% of a regulated substance shall not be considered in
the determination of the presence of a regulated material.
0) "Risk Management Program"means the documentation, development,
implementation, and integration of management systems by the facility to comply with the
regulations set forth in 40 CFR, Part 68 and the California Health and Safety Code, Article 2,
commencing with Section 25531.
(k) "RMP" means the Risk Management Plan required to be submitted pursuant to the
requirements of the 40 CFR § 68.150-68.185 and the California Health and Safety Code article 2
(Section 25531 et seq.) of Chapter 6.95.
(1) "Root cause" means prime reasons, such as failures of some management systems,
that allow faulty design, inadequate training, or improper changes, which lead to an unsafe act or
condition, and result in an incident. If root causes were removed, the particular incident would
not have occurred.
(m) "Safety plan" means the safety plan required to be submitted to the Department
pursuant to the requirements of Section 450-8.016 of the—this chapter.
(n) "Safety program" means the documentation, development, implementation, and
integration of management systems by the stationary source to comply with the safety
requirements set forth in Section 450-8.016 of this chapter.
(o) "Stationary source" or"source" means a facility which includes at least one process
as defined in 40 CFR 68.10 that is subject to Federal Risk Management Program Level 3
requirements and whose primary North American Industry Classification System code (NAICS)
is 324 (Petroleum and Coal Products Manufacturing) or 325 (Chemical Manufacturing).
(p) "California Accidental Release Prevention Program" means the documentation,
development, implementation, and integration of management systems by a facility to comply
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with the regulations set forth in California Code of Regulations, Title 19, Division 2, Chapter
4.5.
(q) "Catastrophic release" means a major uncontrolled emission, fire, or explosion,
involving one or more highly hazardous chemicals, that presents serious danger to employees in
the workplace and/or the public. As used in this section. "highly hazardous chemical" has the
meaning ascribed to it in 29 C.FR 1910.11.9(b) as of.May 21, 2003.
(r) "Human Factors'" means a discipline concerned with designing machines, operations,
and work environments so that thev snatch human capabilities, limitations. and needs. "Human
Factors" can be further referred to as environmental, organizational, and job factors, and human
and individual characteristics that influence behavior at work in a way that can affect health and
safety.
(s) "Human Systems" means the systems, such as written and unwritten policies,
procedures, and practices, in effect to minimize the existence/persistence of latent conditions at
the stationary source. It also includes the broad area of safety culture of a stationary source to
the extent that it influences the actions of individuals or groups of individuals.
(Ords. 2004-_ § 3; 98-_ § 2.)
SECTION IV. Section 450-8.016 of the County Ordinance Code is amended in its entirety, to
make a number of clarifying and non-substantive changes, to read:
450-8.016 Stationary Source Safety Requirements. The stationary source shall submit
a safety plan to the Department within one year of the effective date of this ordinance or within
three years of the date a facility becomes a stationary source, that complies with the provisions of
this section and that includes the safety elements listed in subsection (a)below. In addition, the
stationary source shall comply with the safety requirements set forth in subsections (a) through
(e) of this section and shall include a description of the manner of compliance with these
subsections in the safety plan. A new covered process at an existing stationary source shall
comply with subsections (a) through (a)prior to initial startup.
(a) Risk Management Safety Program Elements. All covered processes shall be
subject to the safety program elements listed below. These Covered PFeeesses not inel d a "'
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the Feder-a!pr-egr-am level 3 Risk Management Pr-egi-7am shall be subjeet to the Risk Management
Program elements listed below. The safety plan shall include a description of the manner in
which these Risk Managemen safety program elements listed below shall be applied to the
covered process. These Risk Management safety program elements shall be implemented in
conformance with the Fede-a' and State Diss- Nian gemen California Accidental Release
Prevention Program and the safety plan shall follow Chapters 6 and-7-5, 7, 8 and 9 daied july 1,
1998, and ChapteF 9 datedNovember-2, 1999 of the Contra Costa County Health Services
Department R IP CalARP Program guidance document. J••1°-9
(1)Process Safety Information. (A) The stationary source shall complete a compilation of
written process safety information before conducting any process hazard analysis as required by
this chapter. The compilation of written process safety information is to enable the stationary
source and the employees involved in operating the covered process to identify and understand
the hazards posed by the covered process. This process safety information shall include
information pertaining to the hazards of the regulated substances used or produced by the
process, information pertaining to the technology of the process, and information pertaining to
the equipment in the process, and information pertaining to the hazards of the Regulated
Substances in the process.
(i) This information shall consist of at least the following: toxicity information;
permissible exposure limits; physical data; reactivity data; corrosivity data; thermal and
chemical stability data; and hazardous effects of inadvertent mixing of different materials
that could foreseeably occur.
(ii) Material Safety Data Sheets meeting the requirements of Section 5189, Title 8
of California Code of Regulations may be used to comply with this requirement to the
extent they contain the information required by this subsection.
(iii) Information pertaining to the technology of the process shall include at least
the following: a block flow diagram or simplified process flow diagram; process
chemistry; maximum intended inventory; safe upper and lower limits for such items as
temperatures, pressures, flows or compositions; and, an evaluation of the consequences of
deviations. Where the original technical information no longer exists, such information
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may be developed in conjunction with the process hazard analysis in sufficient detail to
support the analysis.
(iv) Information pertaining to the equipment in the process shall include:
materials of construction; piping and instrument diagrams (P&ID's); electrical
classification; relief system design and design basis; ventilation system design; design
codes and standards employed; material and energy balances for processes built after the
compliance date of this Chapter; and safety systems (e.g. interlocks, detection or
suppression systems).
(B) The stationary source shall document that equipment complies with recognized and
generally accepted good engineering practices.
(C) For existing equipment designed and constructed in accordance with codes,
standards, or practices that are no longer in general use, the Stationary Source shall determine
and document that the equipment is designed, maintained, inspected, tested, and operating in a
safe manner.
(2) Operating Procedures. (A) The stationary source shall develop and implement written
operating procedures that provide clear instructions for safely conducting activities involved in
each covered process consistent with the process safety information and shall address at least the
following elements:
(i) Steps for each operating phase: initial startup; normal operations; temporary
operations; emergency shutdown, including the conditions under which emergency
shutdown is required, and the assignment of shutdown responsibility to qualified
operators to ensure that emergency shutdown is executed in a safe and timely manner;
emergency operations; normal shutdown; and, startup following a turnaround, or after an
emergency shutdown.
(ii) Operating limits: consequences of deviation; and steps required to correct or
avoid deviation.
(B) Safety and health considerations.:prepeAies Properties of, and hazards presented by,
the chemicals used in the process; precautions necessary to prevent exposure, including
engineering controls, administrative controls, and personal protective equipment; control
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measures to be taken if physical contact or airborne exposure occurs; quality control for raw
materials and control of hazardous chemical inventory levels; and, any special or unique hazards.
(C) Safety systems and their functions.
(D) Operating procedures shall be readily accessible to employees who work in or
maintain a process.
(E) The operating procedures shall be reviewed as often as necessary to assure that they
reflect current operating practice, including changes that result from changes in process
chemicals, technology, and equipment, and changes to stationary sources. The stationary source
shall certify annually that these operating procedures are current and accurate.
(F) The stationary source shall develop and implement safe work practices to provide for
the control of hazards during operations such as lockout/tagout; confined space entry; opening
process equipment or piping; and control over entrance into a stationary source by maintenance,
contractor, laboratory, or other support personnel. These safe work practices shall apply to
employees and contractor employees.
(3) Employee Participation:. (A) The stationary source shall develop a written plan of
action regarding the implementation of the employee participation required by this chapter.
(B) The stationary source shall consult with employees and their representatives on the
conduct and development of process hazards analyses and on the development of the other
elements of the safety program in this chapter.
(C) The stationary source shall provide to employees and their representatives access to
process hazard analyses and to all other information required to be developed under this chapter.
(4) Training-. For Each Employee in Such Covered Process:. (A) Initial training. (i) Each
employee presently involved in operating a covered process, and each employee before being
involved in operating a newly assigned covered process, shall be trained in an overview of the
process and in the operating procedures as specified in Section 450-8.016 (A)(2). The training
shall include emphasis on the specific safety and health hazards, emergency operations including
shutdown, and safe work practices applicable to the employee's job tasks. In lieu of initial
training for those employees already involved in operating a process, e}ran owner or operator
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may certify in writing that the employee has the required knowledge, skills, and abilities to
safely carry out the duties and responsibilities as specified in the operating procedures.
(B) Refresher training. Refresher training shall be provided at least every three years,
and more often if necessary, to each employee involved in operating a covered process to assure
that the employee understands and adheres to the current operating procedures of the covered
process. The stationary source, in consultation with the employees involved in operating the
process, shall determine the appropriate frequency of refresher training.
(C) Training documentation. The stationary source shall ascertain that each employee
involved in operating a process has received and understood the training required by this section.
The stationary source shall prepare a record which contains the identity of the employee, the date
of training, and the means used to verify that the employee understood the training.
(S) Mechanical Integrity-, Including the Use of Industry Codes, Standards, and
Guidelines-. (A) Application. Paragraphs (B) through (F) of this subsection apply to the
following process equipment: pressure vessels and storage tanks; piping sub systems (including
piping components such as valves); relief and vent systems and devices; emergency shutdown
systems; controls (including monitoring devices and sensors, alarms, and interlocks) and, pumps.
(B) Written procedures. The stationary source shall establish and implement written
procedures to maintain the on-going integrity of process equipment.
(C) Training for process maintenance activities. The stationary source shall train each
employee involved in maintaining the on-going integrity of process equipment in an overview of
that process and its hazards and in the procedures applicable to the employee's job tasks to
assure that the employee can perform the job tasks in a safe manner.
(D) Inspection and testing. (1) Inspections and tests shall be performed on process
equipment. Inspection and testing procedures shall follow recognized and generally accepted
good engineering practices. The frequency of inspections and tests of process equipment shall
be consistent with applicable manufacturers' recommendations and good engineering practices,
and more frequently if determined to be necessary by prior operating experience. The stationary
source shall document each inspection and test that has been performed on process equipment.
The documentation shall identify the date of the inspection or test, the name of the person who
performed the inspection or test, the serial number or other identifier of the equipment on which
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the inspection or test was performed, a description of the inspection or test performed, and the
results of the inspection or test.
(E) Equipment deficiencies. The stationary source shall correct deficiencies in equipment
that are outside acceptable limits (defined by the process safety information in Section 450-
8.106(A)(1)) before further use or in a safe and timely manner when necessary means are taken
to assure safe operation.
(F) Quality assurance. In the construction of new plants and equipment, the stationary
source shall assure that equipment as it is fabricated is suitable for the process application for
which they will be used. Appropriate checks and inspections shall be performed to assure that
equipment is installed properly and consistent with design specifications and the manufacturer's
instructions. The stationary source shall assure that maintenance materials, spare parts and
equipment are suitable for the process application for which they will be used.
(6) Management of Change=. (A) The stationary source shall establish and implement
written procedures to manage changes (except for "replacements in kind") to process chemicals,
technology, equipment, and procedures; and, changes to stationary sources that affect a covered
process.
(B) The procedures shall assure that the following considerations are addressed prior to
any change: the technical basis for the proposed change; impact of change on safety and health;
modifications to operating procedures; necessary time period for the change; and, authorization
requirements for the proposed change.
(C) Employees involved in operating a process and maintenance and contract employees
whose job tasks will be affected by a change in the process shall be informed of, and trained in,
the change prior to start-up of the process or affected part of the process.
(D) If a change covered by this section results in a change in the process safety
information required by Section 450-8.016(a)(1), such information shall be updated accordingly.
(E) If a change covered by this section results in a change in the operating procedures or
practices required by Section 450-8.016(a)(2), such procedures or practices shall be updated
accordingly.
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(7) Pre Start-Up Reviews=. (A) The stationary source shall perform a pre-startup safety
review for new stationary sources and for modified stationary sources when the modification is
significant enough to require a change in the process safety information.
(B) The pre-startup safety review shall confirm that prior to the introduction of regulated
substances to a covered process: construction and equipment is in accordance with design
specifications; safety, operating, maintenance, and emergency procedures are in place and are
adequate; for new covered processes, a process hazard analysis has been performed and
recommendations have been resolved or implemented before startup; and modified covered
processes meet the requirements contained in management of change, Section 450-8.106(a)(6);
and training of each employee involved in operating a process has been completed.
(8) Compliance Audits.. (A) The stationary source shall certify that they have evaluated
compliance with the provisions of this section at least every three years to verify that the
procedures and practices developed under this Chapter are adequate and are being followed.
(B) The compliance audit shall be conducted by at least one person knowledgeable in the
process.
(C) A report of the findings of the audit shall be developed.
(D) The stationary source shall promptly determine and document an appropriate
response to each of the findings of the compliance audit, and document that deficiencies have
been corrected.
(E) The stationary source shall retain the two most recent compliance audit reports.
(9) Incident Investigation:. (A) The stationary source shall investigate each incident
which resulted in, or could reasonably have resulted in a catastrophic release of a regulated
substance.
(B) An incident investigation shall be initiated as promptly as possible,but not later than
48 hours following the incident.
(C) An incident investigation team shall be established and consist of at least one person
knowledgeable in the covered process involved, including a contract employee if the incident
involved work of the contractor, and other persons with appropriate knowledge and experience to
thoroughly investigate and analyze the incident.
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(D) A report shall be prepared at the conclusion of the investigation which includes at a
minimum: date of incident; date investigation began; a description of the incident; the factors
that contributed to the incident; and, recommendations resulting from the investigation. The
written summary shall indicate whether the cause of the incident and/or recommendations
resulting from the investigation are specific only to the process or equipment involved in the
incident, or are applicable to other processes or equipment at the stationary source. The incident
investigation report shall be made available to the Department upon request.
(E) The stationary source shall establish a system to promptly address and resolve the
incident report findings and recommendations. Resolutions and corrective actions shall be
documented.
(F) The report shall be reviewed with all affected personnel whose job tasks are relevant
to the incident findings including contract employees where applicable.
(G) Incident investigation reports shall be retained for five years.
(10) Hot Work:. (A) The stationary source shall issue a hot work permit for hot work
operations conducted on or near a covered process.
(B) The permit shall document that the fire prevention and protection requirements in §
5189 of Title 8 of California Code Regulations have been implemented prior to beginning the hot
work operations; it shall indicate the date(s) authorized for hot work; and identify the object on
which hot work is to be performed. The permit shall be kept on file until completion of the hot
work operations.
(11) Contractors:. (A)Application. This section applies to contractors performing
maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a
covered process. It does not apply to contractors providing incidental services which do not
influence process safety, such as janitorial work, food and drink services, laundry, delivery or
other supply services.
(B) Stationary Source responsibilities. (i) The stationary source, when selecting a
contractor, shall obtain and evaluate information regarding the contract owner or operator's
safety performance and programs. (ii) The stationary source shall inform contract owner or
operator of the known potential fire, explosion, or toxic release hazards related to the
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contractor's work and the process. (iii) The stationary'source shall explain to the contract owner
or operator the applicable provisions of the emergency response program Section 450-
8.016(a)(12). (iv) The stationary source shall develop and implement safe work practices
consistent with Section 450-8.016(a)(2), to control the entrance,presence, and exit of the
contract owner or operator and contract employees in covered process areas. (v) The stationary
source shall periodically evaluate the performance of the contract owner or operator in fulfilling
their obligations as specified in Section 450-8.016(a)(11)(C).
(C) Contract owner or operator responsibilities. (i) The contract owner or operator shall
assure that each contract employee is trained in the work practices necessary to safely perform
his/her job. (ii)The contract owner or operator shall assure that each contract employee is
instructed in the known potential fire, explosion, or toxic release hazards related to his/her job
and the process, and the applicable provisions of the emergency action plan. (iii)The contract
owner or operator shall document that each contract employee has received and understood the
training required by this section. The contract owner or operator shall prepare a record which
contains the identity of the contract employee, the date of training, and the means used to verify
that the employee understood the training. (iv) The contract owner or operator shall assure that
each contract employee follows the safety rules of the stationary source including the safe work
practices required by Section 450-8.016(a)(2). (v) The contract owner or operator shall advise
the stationary source of any unique hazards presented by the contract owner or operator's work,
or of any hazards found by the contract owner or operator's work.
(12) Emergency Response Program:. (A) The stationary source shall develop and
implement an emergency response program for the purpose of protecting public health and the
environment. Such program shall include the following elements: (i) an emergency response
plan, which shall be maintained at the stationary source and contain at least the following
elements: procedures for informing the public and local emergency response agencies about
accidental releases, emergency planning, and emergency response; documentation of proper
first-aid and emergency medical treatment necessary to treat accidental human exposures; and
procedures and measures for emergency response after an accidental release of a regulated
substance; (ii) procedures for the use of emergency response equipment and for its inspection,
testing, and maintenance, including documentation of inspection, testing, and maintenance; (iii)
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training for all employees in relevant procedures and the Incident Command System; and (iv)
procedures to review and update, as appropriate, the emergency response plan to reflect changes
at the stationary source and ensure that employees are informed of changes.
(B) A written plan that complies with other federal contingency plan regulations or is
consistent with the approach in the National Response Team's Integrated Contingency Plan
Guidance ("One Plan") and that, among other matters, includes the elements provided in Section
450-8.016(a)(12)(A), shall satisfy the requirements of this section if the stationary source also
complies with Section 450-8.016(a)(12)(C).
(C) The emergency response plan developed under this section shall be coordinated with
the community emergency response plan developed under 42 U.S.C. §11003. Upon request of
the local emergency planning committee or emergency response officials, the stationary source
shall promptly provide to the local emergency response officials information necessary for
developing and implementing the community emergency response plan.
(D) The stationary source whose employees will not respond to accidental releases of
regulated substances need not comply with (a)(12)(A)through (a)(12)(C) above provided that
they meet the following: (i) for stationary sources with any regulated toxic substance held in a
process above the threshold quantity, the stationary source is included in the community
emergency response plan developed under Section 11003 of Title 42 of the United States Code
(USC); or(ii) for stationary sources with only regulated flammable substances held in a process
above the threshold quantity the stationary source has coordinated response actions with the local
fire department; and (iii) appropriate mechanisms are in place to notify emergency responders
when there is a need for a response.
(13) Safety Program Management. (A) The owner or operator of a stationary source
subject to this Chapter shall develop a management system to oversee the implementation of the
safety program elements.
(B) The owner or operator shall assign a qualified person or position that has the overall
responsibility for the development, implementation, and integration of the safety program
elements.
(C) When responsibility for implementing individual requirements of this chapter is
assigned to persons other than the person identified under subsection a(13)(B), the names or
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positions of these people shall be documented and the lines of authority defined through an
organization chart or similar document.
(b) Human Factors Program. (1) Stationary sources shall develop a written human
factors program that follows the human factors guidance document developed or adopted by the
Department. The program shall be developed within one year following the issuance of the
Contra Costa County guidance documents, or-the effective date of the erdin ^ee, this section, or
as otherwise allowed by this chapter, whichever is later. The human factors program shall
address:
(A) the inclusion of human factors in the process hazards analysis process;
(B) the consideration of human systems as causal factors in the incident investigation
process for major chemical accidents or releases or for an incident that could reasonably have
resulted in a major chemical accident or release;
(C) The training of employees in the human factors program;
(D) Operating procedures;and
(E) The requirement to eenduet a management of ehange prior-to staffing ehanges feF
ehanb
es in pemanent staffing levels/reerganizatien in operations or ernergeney response.
Employees and their representatives shall be eensufted in the managerneat of ehange.
(E) Maintenance safe work practice procedures and maintenance procedures for
specialized equipment, piping, and instruments, no later than December 31, 2008; and
(F) The requirement to conduct a management of change prior to staffing changes for
changes in permanent staffing levels/reorganization in operations, maintenance, health and
safety, or emergency response. This requirement shall also apply to stationary sources using
contractors in permanent positions in operations and maintenance. Prior to conducting the
management of change, the Stationary Source shall ensure that the job function descriptions are
current and accurate for the positions under consideration. Staffing changes that last longer than
ninety days are considered permanent. Temporary changes associated with strike preparations
shall also be subject to this requirement. Employees and their representations shall be consulted
in the management o.f change.
(2) Employees and their representatives shall participate in the development of the
written human factors program.
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(3) The program shall include, but not be limited to, issues such as staffing, shiftwork and
overtime.
(4) A description of the human factors program (b)(1) through (b)(3) above shall be
included in the safety plan prepared by the stationary source.
(c) Root Cause Analysis and Incident Investigation. (1) Stationary sources shall
conduct a root cause analysis for each major chemical accident or release which occurs after the
effective date of this chapter. Stationary sources shall periodically update the Department on
facts related to the release or incident, and the status of a root cause analysis conducted pursuant
to this section, at meetings scheduled by the Department in cooperation with the stationary
source. To the maximum extent feasible, the Department and the stationary source shall
coordinate these meetings with other agencies with jurisdiction over the stationary source.
Within 30 days of completing a root cause analysis performed pursuant to this section, the
stationary source shall submit to the Department a final report containing that analysis, including
recommendations to be implemented to mitigate against the release or incident re-occurring, if
any, and a schedule for completion of resulting recommendations. The Department may require
the stationary source to submit written, periodic update reports at a frequency not to exceed
every 30 days until the final report is submitted. The methodology of the root cause analysis
shall be one of the r-ee.-.,r„ende a methodologies€rem-recognized by the Center for Chemical
Process Safety or shall be reviewed by the Department to determine substantial equivalency
(2) The Department may elect to do its own independent root cause analysis or incident
investigation for a major chemical accident or release. If the Department elects to conduct a root
cause analysis or incident investigation the stationary source shall cooperate with the Department
by providing the following access and information in a manner consistent with the safety of
Department and stationary source personnel and without placing undue burdens on the operation
of the stationary source: (i) allow the Department to investigate the accident site and directly
related facilities such as control rooms, physical evidence and where practicable the external and
internal inspection of equipment, (ii)provide the Department with pertinent documentation, and
(iii) allow the Department to conduct independent interviews of stationary source employees,
subject to all rights of the stationary source and employees to be represented by legal counsel
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and/or management and union representatives during such interviews. If in the course of the
Department's root cause analysis or incident investigation access is required to areas of the
stationary source which in the judgment of the stationary source requires personnel entering the
area to use protective equipment and/or have specialized training the Department shall provide
its personnel with such equipment and training. To the maximum extent feasible the Department
shall coordinate any root cause analysis or incident investigation it conducts with investigations
conducted by other agencies with jurisdiction over the stationary source to minimize the adverse
impacts on the stationary source and/or its employees.
(3)No part of the conclusions, findings or recommendations of the root cause analysis
conducted by the Department or stationary source, or incident investigation conducted by the
Department,relating to any major chemical accident or release or the investigation thereof shall
be admitted as evidence or used in any action or suit for damages arising out of any matter
mentioned in such report.
(d) Process Hazard Analysis/Action Items. (1) Process hazard analyses will be
conducted for each of the covered processes not ",^hided in the Feder-a! "r^b am level 3 Ris .
Management Pr-egr-am according to one of the following methods: What-If, Checklist, What-
If/Checklist, Hazard and Operability Study(HAZOP), Failure Mode and Effects Analysis
(FMEA), Fault Tree Analysis or an appropriate equivalent methodology approved by the
Department prior to conducting the process hazard analysis. The process hazard analysis shall
be appropriate to the complexity of the covered process and shall identify, evaluate, and control
the hazards involved in the covered process. The process hazard analysis shall address: the
hazards of the process; the identification of any previous incident which had a likely potential for
catastrophic consequences; engineering and administrative controls applicable to the hazards and
their interrelationships such as appropriate application of detection methodologies to provide
early warning of releases (acceptable detection methods might include process monitoring and
control instrumentation with alarms, and detection hardware such as hydrocarbon sensors);
consequences of failure of engineering and administrative controls; covered process and
stationary source siting; human factors; and a qualitative evaluation of a range of the possible
18
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safety and health effects of failure of controls. PHAs should also include consideration of
external events except for seismic analyses, which are only required when criteria listed in
450-8.016(d)(2) are sati.sf ed. All process hazard analyses shall be performed by a team with
expertise in engineering and process operations, and the team shall include at least one employee
who has experience and knowledge specific to the process being evaluated. Also, one member
of the team must be knowledgeable in the specific process hazard analysis methodology being
used.
(2) The process hazard analyses shall be conducted within 1 year of the effective date of
this Chapter and no later than the submittal date of the safety plan. Previously completed
process hazard analyses that comply with the California Code of Regulations, Title 8, Section
5189, and/or the California Code of Regulations, Title 19, Section 2760.2 are acceptable for the
purposes of this Chapter. Process hazard analyses shall be updated and revalidated at least once
every 5 years after completion of the initial process hazard analysis. Updated and revalidated
process hazard analyses completed to comply with the California Code of Regulations, Title 8,
Section 5189, and/or the California Code of Regulations, Title 19, Section 2760 are acceptable
for meeting the update and revalidation requirement. Extem ' events, including seis ie Seismic
events shall be considered for processes containing a substance defined in the California Code of
Regulations, Title 19, Chapter 4.5 1, Section 2770.5, if the distance to the nearest public receptor
for a worst case release scenario specified by the California Code of Regulations, Title 19,
Chapter 4.5, Section 2750.3 is heyen within the distance to a toxic or flammable endpoint as
defined in California Code of Regulations, Title 19, Chapter 4.5, Section 2750.2(a).
(3) For all covered processes, the stationary source shall consider the use of inherently
safer systems in the development and analysis of mitigation items resulting from a process
hazard analysis and in the design and review of new processes and facilities. The stationary
source shall select and implement inherently safer systems to the greatest extent feasible. If a
stationary source concludes that an inherently safer system is not feasible, the basis for this
conclusion shall be documented in meaningful detail.
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(4) For all covered processes,the stationary source shall document the decision made to
implement or not implement all process hazard analysis recommended action items and the
results of recommendations for additional study. The stationary source shall complete
recommended actions from the initial PHA's and.from PHA revalidations, identified by the
process hazard analysis and selected for implementation by the stationary source as follows: all
actions not requiring a process shutdown shall be completed within one year after submittal of
the safety plan; all actions requiring a process shutdown shall be completed during the first
regularly scheduled turnaround of the applicable process subsequent to one year after submittal
of the safety plan unless the stationary source demonstrates to the satisfaction of the Department
that such a schedule is infeasible. For recommended actions not selected for implementation, the
stationary source shall include the justification for not implementing the recommended action.
For all covered processes, the stationary source shall retain documentation of closure, and any
associated justifications, of actions identified by the process hazard analysis. The stationary
source shall communicate the actions to operating, maintenance, and other employees whose
work assignments are in the process and who may be affected by the recommendations or
actions.
(e) Accident History. (1) The stationary source shall include an accident history in the
safety plan of all major chemical accidents or releases from June 1, 1992, through the date of
safety plan submittal to the Department. For each major chemical accident or release the
stationary source shall report the following information, to the extent known:
date, time and approximate duration of the release;
chemicals released;
estimated quantity released in pounds;
type of release event and its source;
weather conditions at the time of the release;
on-site impacts;
known off-site impacts;
initiating event and contributing factors;
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root cause(s);
whether off-site responders were notified; and
operational or process changes that resulted from the investigation of the release.
(2) The stationary source shall annually submit a report of the accident history to the
Department. The first report shall be due two years after the effective date of this o
chapter, and subsequent reports shall be due on the aof the off etiv
date of the or-din nee. by June 30 of each year.
(f) Certification. The owner or operator shall submit in the safety plan a single
certification that, to the best of the signer's knowledge, information, and belief formed after
reasonable inquiry, the information submitted is true, accurate, and complete.
(g) Security and Vulnerability Assessment. Each stationary source shall perform and
document a Security and Vulnerability Assessment as defined in the Contra Costa County
CaIARP Program Guidance Document,by , and at least once every
five years after the initial assessment, or as prescribed by federal regulation. The Stationary
Source shall document its process for assuring that recommendations are addressed.
(h) Safety Culture Assessment. The stationary source shall conduct a Safety Culture
Assessment. The assessment shall be based upon a method listed in the Contra Costa County
CaIARP Program Guidance Document or shall be reviewed by the Department to detennine
substantial equivalency. The initial assessment shall be performed by , and at
least once every five years thereafter. The Safety Culture Assessment will be reviewed during
the audit and inspection of the Stationary Source. The Department may perform its own Safety
Culture Assessment after an a Major Chemical Accident or Release or the occurrence of any
incident that could reasonably have led to a Major Chemical Accident or Release, or based on
Department audit results of the Stationary Source.
(Ords. 2004-_ § 4; 2000-20 § 1; 98-48 § 2.)
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SECTION V. Section 450-8.018 of the County Ordinance Code is amended, to make a number
of clarifying and non-substantive changes, to read:
450-8.018 Review, Audit, and Inspection. (a) Upon submission of a safety plan by the
stationary source, the Department shall review the safety plan to determine if all the elements
required by Section 450-8.016 are included and complete. The Department shall provide to the
stationary source a written notice of deficiencies, if any. The stationary source shall have 60
calendar days from receipt of the notice of deficiencies to make any corrections. The stationary
source may request, in writing, a one-time 30 day calendar day extension to correct deficiencies.
By the end of the 60 calendar days or any extension period, the stationary source shall resubmit
the revised safety plan to the Department. After the Department determines that the safety plan
is complete, the Department shall schedule a public meeting on the stationary source's safety
plan to explain its contents to the public and take public comments. Public comments on the
safety plan shall be taken by the Department for a period of 45 days after the safety plan is made
available to the public. The Department shall schedule a public meeting on the stationary
source's safety plan during the 45-day comment period. The public meetings shall be held in the
affected community on evenings or weekends. The Department shall respond in writing to all
written comments received during the 45-day comment period and to all oral comments received
and not addressed at the public meeting. The Department shall make portions of the Safety Plan,
which are not protected trade secret information, available to the public for the public meeting.
(b) (1) The Department shall, within one year of the submission of the stationary source's
safety plan, conduct an initial audit and inspection of the stationary source's safety program to
determine compliance with this Chapter. Based upon the Department's review of the safety plan
and the audit and inspection of the stationary source, the Department may require modifications
or additions to the safety plan submitted by the stationary source, or safety program to bring the
safety plan or safety program into compliance with the requirements of this Chapter. Any
determination that modifications or additions to the safety plan or safety program are required
shall be in writing, collectively referred to as the "preliminary determination." The preliminary
determination shall explain the basis for the modifications or additions required to bring the
22
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safety plan or safety program into compliance with the requirements of this Chapter and provide
a timetable for resolution of the reconunendations. The preliminary determination shall be
mailed to the stationary source.
(2) The stationary source shall respond in writing to the preliminary determination issued
by the Department. The response shall state that the stationary source will incorporate into the
safety plan or safety program the revisions contained in the preliminary determination or shall
state that the stationary source rejects the revisions; in whole or in part. For each rejected
revision, the stationary source shall explain the basis for rejecting such revision. Such
explanation may include substitute revisions.
(3) The stationary source's written response to the Department's preliminary
determination shall be received by the Department within 90 days of the issuance of the
preliminary determination or such shorter time as the Department specifies in the preliminary
determination as being necessary to protect public health and safety. Prior to the written
response being due and upon written request from the stationary source, the Department may
provide, in writing, additional time for the response to be received.
(4) After receiving the written response from the stationary source, the Department shall
issue a public notice pursuant to the Department's Public Participation Policy and make portions
of the safety plan, the preliminary determination and the stationary source's responses, which are
not protected trade secret information, available for public review. Public comments on the
safety plan shall be taken by the Department for a period of 45 days after the safety plan, the
preliminary determination and the stationary sources responses are made available to the public.
The Department shall schedule a public meeting on the stationary source's safety plan during
the 45 day comment period. The public meetings shall be held in the affected community on
evenings or weekends. The Department shall respond. in writing to all written comments
received during the 45-day comment period and to all oral comments received and not addressed
at the public meeting.
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(c) Based upon the Department's preliminary determination, review of the stationary
sources responses and review of public comments on the safety plan, the preliminary
determination and the stationary source's responses, the Department may require modifications
or additions to the safety plan submitted by the stationary source or safety program to bring the
safety plan or safety program into compliance with the requirements of this Chapter. Any
determination that modifications or additions to the safety plan or safety program are required,
and any determination that no modifications or additions to the safety plan or safety program are
required shall be in writing (collectively referred to as "final determination"), shall be mailed to
the stationary source and shall be made available to the public. The Department may not include
in a final determination any requirements to a safety plan or safety program .e that would
cause a violation of, or conflict with, any state or federal law or regulation or a violation of any
permit or order issued by any state or federal agency.
(d) Within 30 days of the Department's final determination, the stationary source and/or
any person may appeal the final determination to the Board of Supervisors pursuant to Chapter
14-4 by a verified written notice of appeal filed with the Clerk of the Board of Supervisors and
payment of the applicable appeal fee. The appeal must be limited to issues raised during the
public comment period. The notice shall state the grounds for any such appeal, including (i) the
reasoning that the appeal is necessary because the stationary source is in compliance with this
Chapter, or(ii) the reasoning that the appeal is necessary to bring the stationary source into
compliance with this Chapter. In acting on the appeal, the Board shall have the same authority
over the final determination as the Department. The Board may require modifications or
additions to the safety plan or safety program to bring the safety plan or safety program into
compliance with the requirements of this Chapter. The Board may not include in its decision on
the final determination any requirements to a safety plan or safety program that would cause a
violation of, or conflict with, any state or federal law or regulation or a violation of any permit or
order issued by any state or federal agency. The decision of the Board of Supervisors shall be
final with respect to the final determination.
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(e) The safety plan shall be valid for a period of three years from the date of receipt by
the Department€inal-aetien and shall be reviewed and updated by the stationary source every
three years pursuant to the requirements of this ordinance. Any revisions to the safety plan as a
result of the review and update shall be submitted to the Department and shall be subject to the
provisions of this Section.
(0 The Department may, within 30 days of a major chemical accident or release, initiate
cenduet-a safety inspection to review and audit the stationary source's compliance with the
provisions of Section 450-8.016. The Department shall review and audit the stationary source's
compliance with the provisions of Section 450-8.016 at least once every three years. The
Department may audit the stationary source based upon any of the following criteria: accident
history of the stationary source, accident history of other stationary sources in the same industry,
quantity of regulated substances present at the stationary source, location of the stationary source
and its proximity to the public and environmental receptors, the presence of specific regulated
substances, the hazards identified in the safety plan, a plan for providing neutral and random
oversight, or a complaint from the stationary source's employee(s) or their representative. The
stationary source shall allow the Department to conduct these inspections and audits. The
Department, at its option, may select an outside consultant to assist in conducting said
inspection.
(g) Within 30 days of a major chemical accident or release the Department may
commence an incident safety inspection with respect to the process involved in the incident
pursuant to the provisions of Section 450-8.016 (c).
(h) (1) Based upon the Department's audit, safety inspection or an incident inspection,
the Department may require modifications or additions to the safety plan submitted by the
stationary source or safety program to bring the safety plan or safety program into compliance
with the requirements of this chapter. Any determination by the Department shall be in writing
and shall be mailed to the stationary source (referred to as the notice of findings). The stationary
source shall have 60 calendar days from receipt of the notice of findings to make any corrections.
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The stationary source may request, in writing, a one-time 30 day calendar day extension to make
corrections. The Department may not include in its notice of findings requirements to a safety
plan or safety program whiek-that would cause a violation of, or conflict with, any state or
federal law or regulation or a violation of any permit or order issued by any state or federal
agency. The notice of findings made by the Department will be available to the public.
(2) Within 30 days of the Department's notice of findings, the stationary source and/or
any person may appeal the notice of findings to the Board of Supervisors pursuant to Chapter 14-
4 by a verified written notice of appeal filed with the Clerk of the Board of Supervisors and
payment of the applicable appeal fee. The appeal must state the grounds for any such appeal,
including(i) the reasoning that the appeal is necessary because the stationary source is in
compliance with this Chapter, or(ii) the reasoning that the appeal is necessary to bring the
stationary source into compliance with this Chapter. In acting on the appeal, the Board shall
have the same authority over the notice of findings as the Department. The Board may require
modifications or additions to the safety plan or safety program to bring the safety plan or safety
program into compliance with the requirements of this Chapter. The Board may not include in
its decision on the notice of findings any requirements to a safety plan or safety program
that would cause a violation of, or conflict with, any state or federal law or regulation or a
violation of any permit or order issued by any state or federal agency. The decision of the Board
of Supervisors shall be final with respect to the notice of findings.
(i)Nothing in this section shall preclude, limit, or interfere in any way with the authority
of the County to exercise its enforcement, investigatory, and information gathering authorities
under any other provision of law nor shall anything in the Chapter effect or diminish the rights of
the stationary source to claim legal privileges such as attorney client privilege and/or work
product with respect to information and/or documents required to be submitted to or reviewed by
the Department.
(Ords. 2004-_ § 5; 98-48 § 2.)
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SECTION VI. Section 450-8.030 of the County Ordinance Code is amended, to delete the
requirement that a summary of incident investigations conducted by stationary source, be
included in the annual performance review, and make other non-substantive changes, to read:
450-8.030 Annual Performance Review and Evaluation. (a) The Department shall
annually: (1)Review review its activities to implement this Chapter, and (2) Evaluate evaluate
the effectiveness of this Chapter in achieving its purpose and goals pursuant to Section 450-
8.004.
(b) An annual performance review and evaluation report shall be prepared by the
Department based upon the previous fiscal year's activities and shall be submitted to the Board
of
Supervisors on or before October 31, 2000 and each year thereafter. The report shall contain:
(1) A brief description of how the Department is meeting the requirements of this Chapter
as follows: (i) effectiveness of the Department's program to ensure stationary source compliance
with this Chapter; (ii) effectiveness of the procedures for records management; (iii)number and
type of audits and inspections conducted by the Department pursuant to this Chapter; (iv)
number of root cause analyses and/or incident investigations conducted by the Department; (v)
the Department's process for public participation; (vi) effectiveness of the public information
bank, including status of electronic accessibility; (vii) effectiveness of the Hazardous Materials
Ombudsperson; (viii) other required program elements necessary to implement and manage this
Chapter.
(2) A listing of all stationary sources covered by the Chapter, including for each: (i) the
status of the stationary source's safety plan and program; (ii) a summary of all stationary source
safety plan updates and a listing of where the safety plans are publicly available; (iii) the annual
accident history report submitted by the stationary source pursuant to Section 450-8.016(e)(2);
(iv) a summary, including the status, of any root cause analyses and r. eident lnyestiga4ie
conducted or being conducted by the stationary source and required by this Chapter, including
the status of implementation of recommendations; (v) a summary, including the status, of any
audits, inspections, root cause analyses and/or incident investigations conducted or being
27
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conducted by the Department pursuant to this Chapter, including the status of implementation of
recommendations; (vi) description of inherently safer systems implemented by the stationary
source; and (vii) legal enforcement actions initiated by the Department, including administrative,
civil, and criminal actions pursuant to this Chapter.
(3) Total penalties assessed as a result of enforcement of this Chapter.
(4) Total fees, service charges, and other assessments collected specifically for the
support of this Chapter.
(5) Total personnel and personnel years utilized by the jurisdiction to directly implement
or administer this Chapter.
(6) Comments from interested parties regarding the effectiveness of the local program
that raise public safety issues.
(7) The impact of the Chapter in improving industrial safety.
(c) The Department shall provide a copy of the annual performance audit submission
required by Title 19 Chapter 4.5 Section 2780.5 of the California Code of Regulations to the
Board of Supervisors on or before October 31 of each year.
(Ords. 2004-_ § 6; 98-48 § 2.)
SECTION VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of the Supervisors
voting for and against it in the Contra Costa Times, a newspaper published in this County.
PASSED on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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ATTEST: John Sweeten, Clerk
of the Board of Supervisors and
I
i County Administrator
i
By:
Deputy Board Chair
[SEAL]
LTF
H:\HAZMAT\rNDORD\2004\012804 draft.wpd
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