HomeMy WebLinkAboutMINUTES - 01222008 - C.17 OOAOOO
TO: BOARD OF SUPERVISORS
FROM: William B. Walker, M.D., Director of Health Services
By: Randall L. Sawyer, Director, Hazardous Materials Division
DATE: January 22, 2008
SUBJECT: INTRODUCE Ordinance Repealing Ordinance Code Chapter 450-4 on Hazardous
Waste Generators
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Introduce, waive reading and fix February 5, 2008 for adoption of Ordinance No. 2008-3,
Repealing Ordinance Code Chapter 450-4, on Hazardous Waste Generators (Exhibit A).
FISCAL IMPACT:
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
The Health Services Department recommends repealing Ordinance Code Chapter 450-4
on Hazardous Waste Generators, because its provisions are now preempted by State law.
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.
CONTINUED ON ATTACHMENT: XX YES SIGNATUR ^
,,.s-APPROVE OTHER
SIGNATURE(S):
A �o
v&P PROVED AS RECOMMENDEU P" OTHER
VOTE OF SUP VIS RS I hereby certify that this is a true and correct
'�► copy of an Action taken and entered on the
✓UNANIMOUS (ABSENT minutes of the board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN: . .4 .04-�"�
Attested:) �Culle lerk of the Board of
Contact Person: Randy Sawyer, Health Services Supervisors and County Administrator
Department, Hazardous Materials Programs
cc: CAO
County Counsel B
Y
D uty
w
Board of Supervisors
Page 2
Chapter 450-4 codified the Division's authority, as an agent of the State, to enforce
minimum standards and regulations controlling hazardous wastes adopted pursuantto 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)
1ABECKY\LTF\Board Order 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 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\LTF\Ordinance 2008-3.wpd
ORD. NO. 2008-3 EXHIBIT A
- 1 -