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Home My WebLink AboutMINUTES - 02052008 - C.17 , C12 'TO: BOARD OF SUPERVISORS FROM: William B. Walker, M.D., Director of Health Services By: Randall L. Sawyer, Director, Hazardous Materials Division DATE: February 5, 2008 SUBJECT: ADOPT Ordinance Repealing Ordinance Code Chapter 450-4 on Hazardous Waste Generators SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: Adopt Ordinance No. 2008-3, Repealing Ordinance Code Chapter 450-4, on Hazardous Waste Generators. FISCAL IMPACT: None. BACKGROUND/REASONS FOR RECOMMENDATIONS: On January 22, 2008, the Board introduced, waived reading and fixed February 5, 2008 for the adoption, Ordinance No. 2008-3 repealing Ordinance Code 450, on Hazardous Waste Generators. The Health Services Department recommends repealing Ordinance Code Chapter 450-4 on Hazardous Waste Generators, because its provisions are now preempted by State law. %7 CONTINUED ON ATTACHMENT: XX YES SIGNATURE Z�� 2%� PROVE _ OTHER SIGNATURE(S� ACTION OF BL) ON D ex AS RECOMMEN= _ZOTHER VOTE OF SUP VISORS I hereby certify that this is a true and correct / copy of an Action taken and entered on the ✓ UNANIMOUS (ABSENT o»ci' minutes of the board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: ft.6rruzr o,/' .Zoos' Attested:John Culler vrlclerl'of the Board of Contact Person: Randy Sawyer, Health Services Supervisors and County Administrator Department, Hazardous Materials Programs cc: CAO County Counsel By Dep6ty Board of Supervisors Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS - Continued: Since before 1989, the Health Services Department, Hazardous Materials Division (Division) has been enforcing State law on hazardous waste generators, in part pursuant to a memorandum of designation from the State. In 1989, the Board adopted Ordinance No. 89-56, which added Chapter 450-4, Hazardous Waste Generators, to the County Ordinance Code. Chapter 450-4 codified the Division's authority, as an agent of the State, to enforce minimum standards and regulations controlling hazardous wastes adopted pursuant to the Health and Safety Code. Chapter 450-4 also authorized the County to establish and collect fees to support this program. In 1993, the Legislature enacted the "Unified Hazardous Waste and Hazardous Materials Management Regulatory Program" ("CUPA Statute"). (Stats. 1993, ch. 418, adding Health and Safety Code Chapter 6.11 , § 25404 et seq.) This new program consolidated the administration and enforcement of pre-existing State programs, including the hazardous waste generator program. (Health and Safety Code § 25404(c).) Responsibility for implementing these programs fell on the Certified Unified Program Agency, or CUPA. (§ 25404(a)(1)(A).) Pursuant to this legislation, the County applied to become and was eventually certified by the State as the CUPA in Contra Costa County. As a result, the County continues to be responsible for enforcing state minimum standards and regulations controlling hazardous waste generators, but now does so directly pursuant to the above-discussed CUPA Statute. The County's authority to assess fees to support this enforcement activity is similarly governed by the CUPA Statute. The County Counsel's Office has advised that Ordinance Code chapter 450-4 no longer has any force or effect, but at least one regulated business has claimed that it was confused by the fact that Chapter 450-4 has not been formally repealed. Because Chapter 450-4 has now been preempted by the CUPA Statute, the Health Services Department recommends that it be repealed. Exhibits: A (Ordinance No. 2008-3) I:\BECKY1TF\Board Order Adopt for 2008-3.wpd ORDINANCE NO. 2008-3 (REPEAL CHAPTER 450-4 ON HAZARDOUS WASTE GENERATORS) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Chapter 450-4 of the County Ordinance Code, on Hazardous Waste Generators, added by Ordinance No. 89-56, is hereby repealed. SECTION II. Section VI of Ordinance No. 89-56, imposing hazardous waste generator fees, is hereby repealed. SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED on FEBRUARY 05 , 2008 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, PIEPHO, BONILLA, AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and Co. Administrator By: eputy Clerk Board thair [SEAL] LTMADECKYTTROrdinance 2008-3.wpd ORD. NO. 2008-3 - 1 - r ` ORDINANCE NO. 2008-3 (REPEAL CHAPTER 450-4 ON HAZARDOUS WASTE GENERATORS) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Chapter 450-4 of the County Ordinance Code, on Hazardous Waste Generators, added by Ordinance No. 89-56, is hereby repealed. SECTION II. Section VI of Ordinance No. 89-56, imposing hazardous waste generator fees, is hereby repealed. SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and Co. Administrator By: Deputy Clerk Board Chair [SEAL] LTF:IABECKY\LTFlordinance 2008-3.wpd ORD. NO. 2008-3 EXHIBIT A - 1 - "CCT Legals" To "Emelda Sharp"<EShar@cob.cccounty.us> �.' <cctlegals@bayareanewsgro up.com> cc 02/06/2008 11:54 AM bcc Subject RE: ADOPTION OF ORDINANCE NO.2008-03 CCT 2680377 2/11 $86.80 ACCOUNT#2004197 Please reference your account number when submitting an order; thank you. OUR OFFICES WILL BE CLOSED MONDAY, FEBRUARY 18. Please refer to our early deadline schedule (attached). Jennifer Watters Legal Advertising Contra Costa Times - Concord Transcript - Lamorinda SUN Bay Area News Group - East Bay Ph: 925-943-8019 Fx: 925-952-5019 cctlegals(a-)bayareanewsgroup.com contracostatimes.com From: Emelda Sharp [mailto:EShar@cob.cccounty.us] Sent: Tue 2/5/2008 1:34 PM To: CCT Legals Subject: ADOPTION OF ORDINANCE NO. 2008-03 Dear Jennifer, Please publish the above Adoption of Ordinance No. 2008-03, in your Contra Costa Times on February 11,2008,under our Ref.No. 2132. Thanks for your attention (See attached file: Ordinance 2008-3.doc) 651 Pine Street,Rm. 106 Martinez,CA 925-335-1900 925-335-1903 925-335-1913 Fax No. Emelda L. Sharp y Clerk of the Board Presidents'Day Deadlines.pdf • 1 • ,tY r LL .o, /7 LEGAL PUBLICATION REQUISITION e. Contra Costa County rr'9 COi11i"� FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Boa 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals@,cctimes.com FAX No. 925-943-8359 Requested by: EMY L. SHARP Date: FEBRUARY 05, 2008 Phone No.: 925-335-1903 Reference No.: 09/19 Org.: Sub Object: 2190 Task: SAS Activity: Publication Date (s) FEBRUARY 11 , 2008 No. of Pages: (2 LEGAL PUBLICATION ADOPTION OF 2008-3 e-mail *** Immediately upon expiration of publication, * * send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. Authorized Signature: Please confirm date of 47blicaxtion and receipt of this fax.