HomeMy WebLinkAboutMINUTES - 04281987 - 2.4 TO: BOARD OF SUPERVISORS Cont
ra
FROM: Mark Finucane, Health Service Director
COSta
DATE(
APRIL 7 , 1987
•
SUBJECT: HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY PROGRAM ;
COUNTY ORDINANCE AND FEE RESOLUTION
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) Bt BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION:
A . Adopt the attached County Ordinance, Hazardous Materials
Release Response Plans and Inventory (Attachment--TT—
B . Adopt the attached resolution implementing the Hazardous
Material Release Response Plans and Inventory Program:
197 Schedule of Fees Attachment 2).
II . FINANCIAL IMPACT :
A. Regulated Community - See Hazardous Materials Release Response
Plans and Inventory Program: 1987 Schedule of Fees.
B. County Budget - See attached Operating Budget (Attachment 3).
C. There will be an undetermined County cost as a Hazardous Material
Handler of taking inventory and completing the Business Plan for
the County. There could, potentially, be additional County costs
to bring the County into compliance with Fire and Health Codes
should the AB 2185 inspections find the County in violation. Some
proportion of these costs will be SB90 reimbursable.
III . REASON FOR RECOMMENDATION AND BACKGROUND :
A. The establishment of this local program is mandated by California
Health and Safety Code, Division 20, Chapter 6.95, Section 25500
(et. seq. ).
B . These recommendations have been accepted by the Contra Costa
. County AB 2185 Implementation Task Force, appointed by the Board
of Supervisors on December 17 , 1985 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B ARO COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON April 28, 1987 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT III ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
C C: Director of Health Services ATTESTED April 28, 1987
County Administrator Phil Batchelor, Clerk of the Board of
Agricultural Commissioner Supervisors and County Administrator
County Fire Chiefs Association'
County Counsel
M2e1/7-e2 BY �� , DEPUTY
page 2
April 7 , 1987
Mark Finucane, Health Services Director
RE: Hazardous Materials Release Response Plans and Inventory Program:
County Ordinance and Fee Resolution
C . The AB 2185 Implementation Task Force met on December 3, 1986 and
approved the Hazardous Materials Program for submission to the
Board of Supervisors. This included the Ordinance, Resolution
approving the Area, Inspection and Data Management Plans, and the
Resolution for the 1987 Schedule of Fees.
D . On December 9 , 1986 , the Board of Supervisors accepted the
Resolution approving the Area, Inspection and Data Management
Plans .
E. On December 9, 1986, the Board of Supervisors waived the reading
and the date of December 16th was set for adoption of the
Ordinance and Resolution for the 1987 Schedule of Fees.
F . On December 16, 1986 , the Board of Supervisors noted that a
hearing had been set for January 20 , 1987 , on the 1987 Schedule
of Fees. It was the Board's desire to consider the Ordinance and
Fee Schedule on that date .
G. On January 20, 1987, the Board referred the Hazardous Materials
Release Response Plans and Inventory Program to the Contra Costa
County Hazardous Materials Commission for review.
H . On March 25, 1987, the County Hazardous Materials Commission met,
and after extensive discussion voted unanimously to endorse the
AB 2185 Program as presented at their last Commission meeting,
with a recommendation to continue to look at overlap of
regulations, and noting that final responsibility for fiscal
integrity of the fees and program rests with the County Health
Services Department. Also, the Hazardous Materials Commission
will independently examine the program at the end of the year.
IV. CONSEQUENCES OF NEGATIVE ACTION:
A. The requirements of California Health and Safety Code, Division
20, Chapter 6 .95 , Section 25500 (et. seq. ) will not be met .
B. The requirements of California Administrative Code Title 19,
Articles 3 and 4 will not be met.
C . The information intended to allow emergency response personnel to
prepare adequately for emergency response to releases or
potential releases of hazardous materials will not be available.
r
3
r i
ORDINANCE NO. 87-5
(Hazardous Materials Release Response Plans and Inventory)
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 . SUMMARY. This ordinance adds Division 450 to the
County Ordinance Code, to impose regulations supplemental to those
imposed by Health and Safety Code Chapter 6. 95 (§ 25500 et. seq. ) ,
concerning hazardous materials release response plans and
inventory. Specifically, this ordinance requires business plans
to include information in addition to that which is required by
State law, and requires business plans to be submitted by
businesses handling a specified amount of hazardous material even
if the product containing the hazardous material is intended for
direct distribution to and use by the general public if the
product containing the hazardous material is not pre-packaged.
This ordinance also provides an appeal process for decisions ,
designates the Health Services Department as the administering
agency and reaffirms the Board' s ability to adopt fees.
SECTION II . Division 450 is added to the Ordinance Code, to
read:
DIVISION 450
HAZARDOUS MATERIALS
Chapter 450-2
Hazardous Materials Release
Response Plans and Inventories
450-2. 002 Purpose. Health and Safety Code Chapter 6. 95
(commencing with Section 25500 ) requires any business which
handles a specified quantity of a hazardous material or a mixture
containing a hazardous material , to establish a business plan for
emergency response to a release or threatened release of a
hazardous material, which includes an inventory of hazardous
materials handled by the business. Health and Safety Code Chapter
6. 95 does not preclude the imposition of additional or more
stringent requirements by local government.
The purpose of this Division is to impose regulations in
addition to Health and Safety Code Chapter 6. 95, for the
protection of the public and emergency rescue personnel in the
County, and to facilitate implementation of said. chapter.
(Ord. 87- 5 2 . )
450-2. 004 Definitions. ( 1) The terms used, herein shall have
the meanings ascribed to them in Health and Safety Code Section
25501.
(2 ) "Facility" means a single location or site where
hazardous materials are handled.
(Ord. 87- 5 § 2 . )
ORDINANCE NO. 87/5
( 11/19/86)
Attachment 1
450-2 . 006 Administering Agency. The Health Services
Department is the designated administering agency in Contra Costa
County, responsible for administering and enforcing the provisions
of Health and Safety Code Chapter 6. 95 and this division, and is
empowered to take all actions necessary therefor. The Health
Services- Director or his designee is designated and empowered to
carry out all functions under Chapter 6. 95 and this Division
unless the Board, by resolution or order, designates another
agency
(Ord. 87-.- 5 § 2. )
450-2 .008 . Unpackaged Consumer Products. (1) Findings. The
Board hereby finds that the handling of consumer products which
are not pre-packaged, and which contain a hazardous material or a
mixture containing a hazardous material, poses the same threat to
the public and emergency rescue personnel as the handling of any
hazardous material or mixture containing a hazardous material not
meant for direct distribution to the general public. For this
reason, consumer products which are not pre-packaged for direct
distribution to, and use by, the general public should be subject
to the same regulations as hazardous materials or mixtures
thereof, of like quantities.
(2 ) Business Plans Required. Notwithstanding Health and
Safety Code § 25503. 5, any business handling a hazardous material
or mixture containing a hazardous material, which has a quantity
at any one time during the reporting year equal to, or greater
than, a total weight of 500 pounds, or a total volume of 55
gallons, or 200 cubic feet at standard temperature and pressure
for compressed gas, contained solely in a consumer product for
direct distribution to, and use by, the general public, and which
is not pre-packaged prior to such distribution, shall establish
and implement a business plan for emergency response to a release
or threatened release of a hazardous material in accordance with
Health and Safety Code § 25500 et seq. , and the standards and
regulations adopted pursuant thereto and in this Division.
(Ord. 87 - 5 §2. )
450-2. 010 Business Plans. Business plans shall be submitted
on the form and in the manner prescribed by the administering
agency. In addition to the information required by State law,
business plans shall include:
(a) Number of employees at the facility;
(b) Square footage of facility;
(c) Four-digit Department of Transportation Identification
Number; and
(d) Any other information required by the Board.
(Ord. 87- 5 § 2. )
450-2. 012. Fees. Pursuant to Health and Safety Code
§25513, the Board may, by resolution and from time to time, adopt a
schedule of fees to be collected from each business required to
submit a business plan pursuant to Health and Safety Code Chapter
6. 95 or this division.
(Ord. 87- 5 §2. )
450-2. 014 Appeals. Any decision of the administering agency
may be appealed to the hearing authority, in the manner and
according to the procedures for appeals from the permit authority
in decisions concerning underground storage of hazardous
substances, set forth in Sections 413-5 .290 through 413-5 .330,
inclusive, of this Code.
(Ord. 87- 5 § 2. )
-2-
ORDINANCE NO. 87-5
(11/19/86)
SECTION III . EFFECTIVE DATE. This Ordinance becomes effective
30 days after passage, and within 15 days of 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 April 28 , 1987 , by the following vote:
AYES: Supervisors Powers , Fanden, Torlakson, McPeak.
NOES: None.
ABSENT: Supervisor Schroder.
ABSTAIN: None .
ATTEST: PHIL BATCHELOR,
Clerk of the Board and
County Administrator
By
Deputy jBcTard Chair.
[SEAL]
-3-
ORDINANCE NO. 87-5
(11/19/86)
c
THE BOARD OF SUPERVISORS OF CONTNA COSTA COUNTY, CALIrohNIA
Adopted this Order on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUBJECT:
Hazardous Material Release Resolution No.
Response Plans and Inventory
Program:
1987 Schedule of Fees
Whereas:
1 . Health and Safety Code, Chapter 6.95 , Section• 25500 et seq.
requires each county to establish a local program to allow
emergency response personnel to prepare adequately for
emergency responses to releases or potential releases of hazardous
materials.
2. Health and Safety Code requires specified businesses to submit
business plans which contain release response plans and
inventories of hazardous materials. These plans. and inventories
are required by law on December 30, 1986.
3. Health and Safety Code, Section 25513 provides that each county
may, upon a majority vote of the governing body, adopt a schedule
of fees to be collected from each business required to submit a
business plan.
4 . Health and Safety Code, Section 25513 provides that in adopting a
schedule of fees to be collected from each business, the
Administering Agency shall consider the volume and degree of hazard
potential of the hazardous materials handled by the business.
5. Health and Safety Code,Section 25503( e) (2) requires a Data
Management System to be in operation within two years after the
business plans are required to be submitted.
6. The Data Management System will contain all of the elements for a
billing system based on the volume and hazard potential of the
hazardous materials handled. However, since it will not be
available for approximately two years, an interim standard to
establish those fees must be determined.
Attachment 2
1987 Schedule of Fees
Page two.
Now, therefore, it is hereby RESOLVED that:
1 . A Business Plan registration fee shall be set in amount sufficient
to pay only the costs incurred by the Administering Agency, in
carrying out California Health and Safety Code, Division 20,
Chapter 6.95, Section 25500 et seq.
2. Since the hazard potential and number of businesses handling
hazardous materials will not be known until after receipt and
analysis of business plans in 1987-1988, an administrative fee
consisting of a flat registration fee and size fee will be assess-
ed during the first two years of the program.
3. The flat fee will be based on one half the anticipated cost of the
program divided by the number of known handlers.
4 . The size fee will be based on one half the anticipated cost of
the program and will be computed by size of business as determined
by number of employees in the following employees ranges :
No. of employees Size Flat TOTAL
Fee Fee FEE
1 - 4 $ 1.7.00 $129 .00 $ 146.00
5 - 9 $ 84 .00 $129 .00 $ 213.00
10 - 19 $ 169 .00 $129 .00 $ 298 .00
20 - 49 $ 337 .00 $129.00 $ 466.00
50 - 99 $ 843.00 $129 .00 $ 972.00
100 - 249 $ 1 ,686 .00 $129 .00 $1 ,815.00
250 - 499 $ 4 ,215 .00 $129 .00 $4 , 344 .00
500 - 999 $ 8, 429.00 $129 ..00 $8 ,558 .00
1000 & over $ 16 ,858 .00 $129 ,.00 $16 ,987 .00
The overall fee will be the total amount of the flat fee and
the size factor.
5. Each year the fee will cover the period January 1 - December 31 .
New handlers starting business after July 1 of any calendar year
will be assessed a six (6) month fee the first year.
6. The fees shall be non-transferrable, non-refundable and set on a
facility basis.
7 . Additional administrative fees of 25% may be assessed for:
a. Failure to respond to inquiries relating to compliance With
these regulations and ;
b. Late filing of business plans, beyond a 90 day notice of non-
compliance.-
8. In December 1987, a review will be completed by the Administering
Agency to determine if this schedule of fees is equitable and
appropriate to the costs of the program.
9 . The administering agency reserves the right to adjust the fee
upwards or downwards where the fee based on the number of
employees clearly bears no relationship to the volume and hazard
potential of the materials handled.
AB2185 ANNUAL OPERATING BUDGET
Cash out
Of
Pocket
HEALTH SERVICES
Clerks (2 F.T.E.) 34,000
Training Officer ( .5 F.T.E.) 17,000
Total
Benefits 12,200
Office Supplies 5,300
Communications 7,600
Other 7,500
Inspectors (2 F.T.E. ) (13.86 hrs/site) (300 sites) 60,000
Benefits 14,400
Transportation 7,700
Office Space 10,000
Overhead 26,700
Initial Implementation Costs ** $ 153,000 30,250
TOTAL HEALTH $ 232,650
FIRE DISTRICTS
Inspections (1.3 F.T.E.) (700 sites) 140,000
Initial Implementation Costs ** $ 87,000 21,750
TOTAL FIRE DISTRICTS $ 161 ,750
DATA PROCESSING
Initial Implementation Costs ** $ 61,000 15,250
Data Processing Future Development 50,000
TOTAL DATA PROCESSING $ 65,250
OFFICE OF REVENUE COLLECTION
Billing $ 6,000
OFFICE OF EMERGENCY SERVICES $ 5,500
COUNTY OVERHEAD $ 11,900
GRAND TOTAL $ 483,050
* Based Upon 1,000 Facilities
** Costs incurred or to be incurred during startup
F.T.E.= Full-Time Equivalent Employee
(23)2185PB1 Attachment 3
ORDINANCE NO. 87-5
(Hazardous Materials Release Response Plans and Inventory)
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 . SUMMARY. This ordinance adds Division 450 to the
County Ordinance Code, to impose regulations supplemental to those
imposed by Health and 'Safety Code Chapter 6. 95 (§ 25500 et. seq. ) ,
concerning hazardous materials release response plans and
inventory. Specifically, this ordinance requires business plans
to include information in addition to that which is required by
State law, and requires business plans to be submitted by
businesses handling a specified amount of hazardous material even
if the product containing the hazardous material is intended for
direct distribution to and use by the general public if the
product containing the hazardous material is not pre-packaged.
This ordinance also provides an appeal process for decisions,
designates the Health Services Department as the administering
agency and reaffirms the Board' s ability to adopt fees.
SECTION II . Division 450 is added to the Ordinance Code, to
read:
DIVISION 450
HAZARDOUS MATERIALS
Chapter 450-2
Hazardous Materials Release
Response Plans and Inventories
450-2. 002 Purpose. Health and Safety Code Chapter 6. 95
(commencing with Section 25500 ) requires any business which
handles a specified quantity of a hazardous material or a mixture
containing a hazardous material, to establish a business plan for
emergency response to a release or threatened release of a
hazardous material, which includes an inventory of hazardous
materials handled by the business. Health and Safety Code Chapter
6. 95 does not preclude the imposition of additional or more
stringent requirements by local government.
The purpose of this Division is to impose regulations in
addition to Health and Safety Code Chapter 6. 95, for the
protection of the public and emergency rescue personnel in the
County, and to facilitate implementation of said chapter.
(Ord. 87- 5 § 2. )
450-2. 004 Definitions. (1) The terms used herein shall have
the meanings ascribed to them in Health and Safety Code Section
25501.
(2 ) "Facility" means a single location or site where
hazardous materials are handled.
(Ord. 87- 5 § 2 . )
ORDINANCE NO. 87/5
(11/19/86 )
450-2.006 Administering Agency. The Health Services
Department is the designated administering agency in Contra Costa
County, responsible for administering and enforcing the provisions
of Health and Safety Code Chapter 6. 95 and this division, and is
empowered to take all actions necessary therefor. The Health
Services Director or his designee is designated and empowered to
carry out all functions under Chapter 6. 95 and this Division
unless the Board, by resolution or order, designates another
agenc
(Ord. 7 ..- 5 § 2 . )
450-2. 008 . Unpackaged Consumer Products. (1) Findings. The
Board hereby finds that the handling of consumer products which
are not pre-packaged, and which contain a hazardous material or a
mixture containing a hazardous material, poses the same threat to
the public and emergency rescue personnel as the handling of any
hazardous material or mixture containing a hazardous material not
meant for direct distribution to the general public. For this
reason, consumer products which are not pre-packaged for direct
distribution to, and use by, the general public should be subject
to the same regulations as hazardous materials or mixtures
thereof, of like quantities.
(2 ) Business Plans Required. Notwithstanding Health and
Safety Code § 25503. 5, any business handling a hazardous material
or mixture containing a hazardous material, which has a quantity
at any one time during the reporting year equal •to, or greater
than, a total weight of 500 pounds, or a total volume of 55
gallons, or 200 cubic feet at standard temperature and pressure
for compressed gas, contained solely in a consumer product for
direct distribution to, and use by, the general public, and which
is not pre-packaged prior to such distribution, shall establish
and implement a business plan for emergency response to a release
or threatened release of a hazardous material in accordance with
Health and Safety Code § 25500 et seq. , and the standards and
regulations adopted pursuant thereto and in this Division.
(Ord. 87 - 5 §2. )
450-2. 010 Business Plans. Business plans shall be submitted
on the form and in the manner prescribed by the administering
agency. In addition to the information required by State law,
business plans shall include:
(a) Number of employees at the facility;
(b) Square footage of facility;
(c) Four_-digit Department of Transportation Identification
Number; and
(d) Any other information required by the Board.
(Ord. 87- 5 § 2. )
450-2 . 012. Fees. Pursuant to Health and Safety Code
§25513, the Board may, by resolution and from time to time, adopt a
schedule of fees to be collected from each business required to
submit a business plan pursuant to Health and Safety Code Chapter
6. 95 or this division.
(Ord. 87- 5 §2. )
450-2. 014 Appeals. Any decision of the administering agency
may be appealed to the hearing authority, in the manner and
according to the procedures for appeals from the permit authority
in decisions concerning underground storage of hazardous
substances, set forth in Sections 413-5 .290 through 413-5 .330,
inclusive, of this Code.
(Ord. 87- 5 § 2 . )
-2-
ORDINANCE NO. 87-5
(11/19/86)
SECTION III . EFFECTIVE DATE. This Ordinance becomes effective
30 days after passage, and within 15 days of 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 April 28 , 1987 , by the following vote:
AYES: Supervisors Powers , Fanden, Torlakson, McPeak.
NOES: None .
ABSENT: Supervisor Schroder .
ABSTAIN: None .
ATTEST: PHIL BATCHELOR,
Clerk of the Board and
County Administrator
By 6 x
Deputy Board Chair
[SEAL)
-3-
ORDINANCE NO. 87-5
(11/19/86)
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 28, 1937 , by the following vote:
AYES: Supervisors Powers, Fanden, Torlakson and McPeak
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
SUBJECT:
Hazardous Material Release Resolution No. 87/239
Response Plans and Inventory
Program:
1987 Schedule of Fees
Whereas :
1 . Health and Safety Code, Chapter 6.95 , Section. 25500 et seq.
requires each county to establish a local program to allow
emergency response personnel to prepare adequately for
emergency responses to releases or potential releases of hazardous
materials.
2. Health and Safety Code requires specified businesses to submit
business plans which contain release response plans and
inventories of hazardous materials. These plains, and inventories
are required by law on December 30, 1986.
3. Health and Safety Code, Section 25513 provides that each county
may, upon a majority vote of the governing body, adopt a schedule
of fees to be *co-llected from each business required to submit a
business plan.
4 . Health and Safety Code, Section- 25513 provides that in adopting a
schedule of fees to be collected from each business , the
Administering Agency shall consider the volume and degree of hazard
potential of the hazardous materials handled by the business.
5 . Health and Safety Code,Section 25503( e) (2) requires a Data
Management System to be in operation within two years after the
business plans are required to be submitted.
6 . The Data Management System will contain all of the elements for a
billing system based on the volume and hazard potential of the
hazardous materials handled. However, since it will not be
available for approximately two years, an interim standard to
establish those fees must be determined.
Now, therefore, it is hereby RESOLVED that :
1 . A Business Plan registration fee shall be set in amount sufficient
to pay only the costs incurred by the Administering Agency, in
carrying ou- California Health and Safety Code, Division 20,
Chapter 6.95, Section 25500 et seq.
2 . Since the hazard potential and number of businesses handling
hazardous materials will not be known until after receipt and
analysis of business plans in 1987-1988, an administrative fee
consisting of a flat registration fee and size fee will be assess-
ed during the first two years of the program.
3• The flat fee will be based on one half the anticipated cost of the
program divided by the number of known handlers.
J
RESOLUTION NO. 07/239
k _
I
x987 Schedule of Fees
Page two.
4. The size fee will be based on one half the anticipated cost of
the program and will be computed by size of business as determined
by number of employees in the following employees ranges :
No. of employees Size Flat TOTAL
Fee Fee FEE
1 - 4 $ 17.00 $129 „00 $ 146.00
5 - 9 $ 84 .00 $129 „00 $ 213.00
10 - 19 $ 169 .00 $129 .00 $ 298 .00
20 - 49 $ 337 .00 $129 .00 $ 466.00
50 - 99 $ 843 .00 $129 .00 $ 972.00
100 - 249 $ 1 ,686 .00 $129 .00 $1 ,815.00
250 - 499 $ 4 , 215.00 $129 .00 $4 , 344 .00
500 - 999 $ 8, 429 .00 $129 .00 $8 ,558 .00
1000 & over $ 16 ,858 .00 $129 .00 $ 16 ,987 .00
The overall fee will be the total amount of the flat fee and
the size factor .
5• Each year the fee will cover the period January 1 - December 31 .
New handlers starting business after July 1 of any calendar year
will be assessed a six (6) month fee the first year.
6 . The fees shall be non-transferrable, non-refundable and set on a
facility basis.
7 . Additional administrative fees of 25% may be assessed for:
a. Failure to respond to inquiries relating to compliance with
these regulations and ;
b. Late filing of business plans, beyond a 90 day notice of non-
compliance.
8. In December 1987, a review will be completed by the Administering
Agency to determine if this schedule of fees is equitable and
appropriate to the costs of the program.
9 • The administering agency reserves the right to adjust the fee
upwards or downwards where the fee based on the number of
employees clearly bears no relationship to the. volume and hazard
potential of the materials handled.
I hereby certify that this Is a true and correct copy of
an action taken end entered on the minutes of the
Seerd of Supervisors on the date shown.
ATTESTED-
cc:
TTESTED— � � Y � �1�
cc: Director of Health Services P` 1 r�3.t*vc:�6i , fVln.t caf.I Beard
County Admi ni strater of Supard,so:Z -ad county Admin„strator
Agricultural Commissioner
County Fire Chiefs Association BY
County Counsel -- Deputy
RESOLUTION NO.. 87/239