HomeMy WebLinkAboutMINUTES - 07141992 - 1.9 (2) TO: BOARD OF SUPERVISORS
g
FROM: Mark Finucane, Health Services Director R ` ;, Contra
_r5 Costa
DATE: Duly 6, 1992 _ County
SUBJECT: AUTHORIZATION TO SEEK ADMINISTRATIVE ENFORCEMENT OF HAZARDOUS
MATERIALS INCIDENT NOTIFICATION REQUIREMENT AGAINST DOW CHEMICAL
FOR MORE INFORMATION: Barbara Masters
370-5014
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)do BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. Authorize the Health Services Director to pursue administrative enforcement action against Dow
Chemical Company for the two chlorine releases on February 10, 1991:and June 25, 1991.
2. Authorize the Health Services Department to seek the maximum penalty of$2,000 for each incident
plus'recovery of $3,805 expended by HSD to respond to these incidents.
FISCAL IMPACT:
$7,805 in revenues collected.
BACKGROUND:
Section 25507 of the Hazardous Materials Inventory and Emergency Response Planning Act requires
immediate notification of a hazardous materials release or threatened release. Under a 1990 law, violations
of this section may be subject to administrative enforcement.
Under a separate Board Order, the Health Services Department has proposed establishing the administrative
authority to enforce violations. The Policy attached to that Board Order lays out criteria by which the
seriousness of a violation is determined in order to assess whether an administrative action, civil or criminal
complaint should be filed.
Dow Chemical Company in Pittsburg, California experienced two releases of chlorine gas from their facility
on February 10, 1991 and June 25, 1991 which threatened the public health and safety of workers and,
potentially, nearby residents.
During these two incidents, Dow Chemical failed to immediately notify the Environmental Health Division
that the release had occurred. Notification did not occur for at least an hour and a half after each of the
incidents began. Both incidents involved the release of chlorine gas, which is a highly toxic gas, and the
amount involved in the June 25 incident was large and moved off-site. Dow representatives were informed
in two formal meetings following the February 10 incident that HSD should be notified immediately and
were made aware of the statutory requirements.
The Health Services Department is seeking authority to enforce these violations by assessing administrative
civil penalties of $2,000 per incident as well as recovery of the costs associated ' h the response and
investigation.
CONTINUED ON ATTACHMENT: NO SIGNATURE: ti`
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURES
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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 /
County Health Officer PHIL BATCHELO CLERK(OF THE BOARD OF
Hazardous Materials Commission SUPERVISORS AND COUNTY ADMINISTRATOR
1
1