HomeMy WebLinkAboutRESOLUTIONS - 09091986 - 86-543 -- a9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 9, 1986 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN: None-
SUBJECT: Life Threatening Hazardous )
Substance Releases -- CHP )
Authorization to Cleanup. ) RESOLUTION ,NO. 86/543w
Hazardous Materials Spills )
and Commit County Funds )
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WHEREAS :
1 . Accidental spills or releases of hazardous substance
occurring during transportation can present a substantial risk to
health , safety, or property.
2 . The reported incidents of hazardous substance spills on
the highways in Contra Costa County continue to increase ,
resulting in a considerable potential public health threat .
3 . .A life-threatening incident means a hazardous substance
which is actively causing injuries to persons or evidencing severe
damage to property, or that such hazardous substance' is dispersing
at a rate which is likely to cause such injuries or damage unless
containment and cleanup measures are initiated immediately.
4. The immediate cleanup and abatement of such life-
threatening incidents are essential and in the best interest of
the public..
5 . County governments are vested with the authority, pur-
suant to Article 1 (commencing with §450 ) of the California Health
and Safety Code to take such measures as may be necessary to pre-
serve and protect the public health in the unincorporated terri -
tory of a county, and protocols for cleanup and abatement of
hazardous .substances by County officials are contained in the
County Hazardous Materials Incident Contingency Plan .
6 . Article 4 (commencing with 52450) of the Vehicle Code
gives the California Highway Patrol authority for the management
of the scene of a hazardous substance spill or disaster on county
roads or county highways where the CHP is the law .enforcement
agency having primary traffic investigative authority.
Now, therefore , it is hereby RESOLVED that :
1 . This Resolution shall serve as the basis for agreement
between the California Highway Patrol and the County of Contra
Costa , that it is the parties ' joint intention to provide for the
immediate cleanup and abatement -of life-threatening incidents on -
highways in. the unincorporated area of this county.
2 . In life-threatening spills on highways in the unincor=
porated area of this County, . the California Highway Patrol will
request the transporter to immediately arrange for the removal of
Orig. Dept.:
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RESOLUTION NO. 86/543
such life-threatening hazardous substance .
3. In such incidents , the California Highway Patrol may ,
after attempting and failing to have the transporter assume
responsibility, request the removal of such life-threatening
hazardous substance as an agent of the County, after notifying the
Office of Emergency Services at 228-5000, or the Sheriff' s
Department at 372-2441 , and requesting the Environmental Health
Division of the Health Services Department to respond , advising
that due to the life-threatening situation that a cleanup contrac-
tor is going to be called.
4. Neither the State of California nor the Department of
California Highway Patrol shall be liable for costs associated
with such life-threatening hazardous substance incident abatement
on highways in the unincorporated area of the County when such
cleanup and abatement request is made pursuant to the terms of
this resolution , in good faith and in the public interest .
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supery sora on the date shown.
ATTESTED: .l�lf� 9• 9
PHIL BAT HELOR, Clerk of the Board
of Supervisors and County Administrator
By Deputy
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RESOLUTION NO. 86/543