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Home My WebLink AboutMINUTES - 07141992 - 1.89 /V - -. . TO: BOARD OF SUPERVISORS ®89 FROM: Mark Finucane, Health Services Director - l Contra Costao: DATE: July 6, 1992 County SUBJECT: ESTABLISH POLICY REGARDING ADMINISTRATIVE ENFORCEMENT OF HAZARDOUS MATERIALS INCIDENT NOTIFICATION VIOLATIONS FOR MORE INFORMATION: Barbara Masters 370-5014 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)do BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. Approve Policy developed by the Health Services Department establishing criteria for pursuing administrative enforcement of violations of State law requiring businesses to immediately notify the HSD of a release or threatened release of hazardous materials when injury or damage to the community or the environment may occur. 2. Authorize the Health Services Director to implement the Policy with all businesses that handle hazardous materials. FISCAL IMPACT: Potential revenues. BACKGROUND: The Hazardous Materials Inventory and Emergency Response Planning Act requires businesses to provide immediate notification to the "administering agency" of a hazardous materials release. Prior to 1990, violations of this requirement could only be pursued through a criminal complaint. However, a new law established a mechanism to enable an administering agency to pursue an administrative enforcement action for this type of violation. As described in the attached Policy, the Health Services Department is the administering agency under the Hazardous Materials Inventory and Emergency Response Planning Act. As such, the HSD is responsible for the coordination and planning of emergency response agencies that will be involved with releases, fires and explosions involving hazardous materials. The HSD has emphasized with the industries in Contra Costa County the importance of prompt notification. On November 5, 1991, the Board of Supervisors approved adoption and implementation of HSD's Policy on Hazardous Material Incident Notification (hereinafter referred to as the Incident Notification Policy),which was designed to provide guidance to industry on the notification requirement under the Act. That policy was developed in coordination with the Contra Costa Community Awareness and Emergency Response (CAER) group. As described in the Incident Notification Policy, prompt notification of the HSD is essential in order to enable the HSD to: (1) dispatch emergency response teams quickly; (2) assess the extent of the release and whether neighboring communities are at risk; (3) determine whether the Co unity Notification Network should be activated; and (4) respond to inquiries from the pu c and the pr ss. l CONTINUED ON ATTACHMENT: YES SIGNATURE: �� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 0 APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON oZ APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Counsel ATTESTED 1� County Health Officer PHIL BATCHELOR, 17LERK O THE BOAAD OF Hazardous Materials Commission SUPERVISORS AND COUNTY AMDINISTRATOR BY v DEPUTY Page Two Establish Policy Regarding Administrative Enforcement of Hazardous Materials Incident Notification Violations June 1992 Although enforcement of a notification violation may be pursued through a criminal complaint, the administrative enforcement action provides another option for pursuing a penalty. Unlike a criminal complaint, no trial would be necessary, although a hearing process is specified in the law. An administrative complaint carries a maximum fine of $2,000 per violation per day. In addition, administrative enforcement would allow the administering agency to retain the full penalty, less $200 that is required to be required to be deposited in the Hazardous Material and Waste Enforcement Training Account. Adoption of a policy is required to implement the administrative enforcement option. MF:BM:no cc: County Counsel County Health Officer Hazardous Materials Commission Contra Costa County Health Services Department ADMINISTRATIVE ENFORCEMENT POLICY FOR HAZARDOUS MATERIAL INCIDENT NOTIFICATION VIOLATIONS I. PURPOSE: The purpose of this Policy is to establish criteria for pursuing administrative enforcement procedures for violations of State law regarding immediate notification of the Health Services Department of a release or threatened release of hazardous materials when injury or damage to the community or the environment may occur. II. BACKGROUND: Contra Costa Health Services Department is the administering agency under the Hazardous Materials Inventory and Emergency Response Planning Act. This Act requires, among other provisions, that industries regulated under this program immediately notify the administering agency of releases or threatened releases of hazardous materials that could significantly impact public health and the environment. As the administering agency, the HSD is responsible for the coordination and planning of emergency response agencies that will be involved with releases, fires and explosions involving hazardous materials. Moreover, on November 5, 1991, the Board of Supervisors approved adoption and implementation of HSD's Policy on Hazardous Material Incident Notification (hereinafter referred to as the Incident Notification Policy), which was designed to provide guidance to industry on the notification requirement under the Act. That policy was developed in coordination with the Contra Costa Community Awareness and Emergency Response (CHER) group. As described in the Incident Notification Policy, prompt notification of the HSD is essential in order to enable the HSD to: (1) dispatch emergency response teams quickly; (2) assess the extent of the release and whether neighboring communities are at risk; (3) determine whether the Community Notification Network should be activated; and (4) respond to inquiries from the public and the press. Penalties for violating the notification requirement may be pursued through a criminal complaint or by administrative complaint issued by the administering agency. An administrative complaint carries a maximum fine of$2,000 per violation per day, or $5,000 per day if a business knowingly violates the requirement after reasonable notice. A criminal complaint carries a maximum fine of $25,000 (or $50,000 for a second violation) and/or imprisonment. While some violations may warrant criminal prosecution, others may not. Administrative enforcement offers another remedy -- to supplement referrals to the District Attorney -- to ensure appropriate enforcement of all violations. An administrative enforcement action requires that the HSD file a complaint and hold a hearing, which affords a business due process before imposing a penalty, while obviating the need for a costly and lengthy court trial. III. REFERENCE: This Policy provides guidance for the implementation of Chapter 6.95, Sections 25514.5 and 25514.6 of the California Health and Safety Code, with respect to administrative enforcement of Section 25507, requiring immediate notification of a hazardous materials release notification. See also HSD Policy on Hazardous Material Incident Notification. 1 IV. POLICY: A. In determining whether to pursue an aclrninistrPlive AnfoT^-.*inent seriousness of the violation will be assessed. The following criteria will be utilized in making the determination: 1. The length of time between the start of the release or threatened release and notification of HSD. HSD will consider, for example, whether there were any indications prior to the incident that there was a potential for such a release, such as the need for an emergency shutdown of a major unit. 2. The potential endangerment to the public health or safety or the environment, including the potential for public concern, resulting from afire, explosion, smoke or excessive flaring. The type of material, including its volume and toxicity, involved in the release or threatened release will be considered. 3. The cooperation demonstrated by the business in assessing the seriousness of the release or threatened release. The HSD will consider, for example, whether the business provides all the available information at the time of the initial notification and in subsequent verbal and written communications. 4. The history of violations for a release or threatened release, including prior violations of the Incident Notification Policy. 5. The compliance by the responsible business of the Incident Notification Policy. The HSD will consider whether the guidelines were followed. B. The HSD intends to diligently pursue all violations until such time as the violative conditions have been resolved to the HSD's satisfaction and the penalty has been collected. V. ADOPTION: In accordance with Section 25514.6(e), the HSD adopts this policy to implement the administrative enforcement process as described under Sections 25514.5 and 25514.6 of the Health and Safety Code. r t ellr -�- Date Mark Finucane, Dir ctor of Health Services xenfpol.acc 6/92 2