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HomeMy WebLinkAboutMINUTES - 03011994 - IO.2 TO: BOARD OF SUPERVISORS 1 .0.-2 5 Contra . . FROM: INTERNAL OPERATIONS COMMITTEE Costa V. s County DATE: February 14, 19 9 4 �$s;.___"CO 9 UNT SUBJECT: STATUS REPORT ON HAZARDOUS MATERIALS PROGRAMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . ACCEPT the attached report from the Health Services Department and express the Board's appreciation to the hazardous materials staff who are .responsible for having completed all of the original items which were identified as needing to be completed. 2 . EXPRESS the Board of Supervisors ' intent to apply to have the Health Services Department certified as the Certified Unified Program Agency pursuant to Health & Safety Code § 25404 . 1 (b)' ( 1 ) as added by SB 1082 (Chapter 418, Statutes of 1993) and AUTHORIZE the Chairman to sign a letter to the Secretary of the California Environmental Protection Agency advising the Secretary of. this intent. 3 . EXPRESS the Board of Supervisors ' appreciation to Congressman George Miller III for his leadership in conducting hearings of the House Committee on Natural Resources following the General Chemical incident last summer, resulting in the publication of "Living with Risk: Communities and the Hazard of Industrial Contamination" . ENDORSE the findings and recommendations in that report. 4 . EXPRESS the Board's appreciation to Congressman Miller for his "Extension of Remarks". printed in the Congressional Record on February 3, 1994 (copy attached) noting the settlement which has been reached with General Chemical which will result in improved access to health care for the residents of North Richmond. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATIO COUN AD INISTR OR RECOMMENDATION OF BOARD COMMITTEE ' APPROVE TH R SIGNATURES : ACTION OF BOARD ON APPROVED AS RECOMMENDED 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. (� ATTESTED " 1 ` I.G l 1L} / Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR RV DEPUTY 0 I .O.-2 5 . DIRECT the Health Services Director to make his final quarterly report to our Committee on May 9, 1994 on the status of the Hazardous Materials Programs in Contra Costa County. BACKGROUND: This is the third quarterly report from the Health Services Director, following up on a report of the 1992-93 Grand Jury regarding hazardous materials programs . On February 14, 1994 our Committee met with County Health Officer William B. Walker, M.D. , Hazardous Materials Program Director Lew Pascalli and Lynelle Johnson, representing Congressman George Miller III . Dr. Walker reviewed the attached report with us . We are pleased to see the progress which has been made in implementing all of the eleven elements which were identified following the release of the Grand Jury Report last year. Our Committee also agrees with Dr. Walker that the Health Services Department should be the "Certified Unified Program Agency" pursuant to SB 1082, so that the Department can continue to provide the coordinated administration of hazardous materials and hazardous waste programs in Contra Costa County. The County must apply for such certification by January 1, 1996 . An indication of the Board' s intent to submit an application to have the Health Services Department certified as the "Certified Unified Program Agency" will allow the Department to continue to coordinate the administration of its hazardous materials programs with those of other agencies . We also greatly appreciate the leadership which was shown by Congressman Miller in conducting a hearing following the General Chemical incident and in his making the extra effort to insert an "extension of remarks" in the Congressional Record noting the settlement with General Chemical which will result in improving the access of North Richmond residents to health care. Finally, we are asking that the Health Services Director make the final quarterly report to our Committee in May, at which time we hope it will be possible to report this matter out as having been successfully resolved. We hope that the final quarterly report in May will include the letter to our legislative and congressional representatives recommending the steps which should be taken to integrate the oversight of hazardous materials and hazardous waste issues at the local level, as is touched on at the end of the attached quarterly report. cc: County Administrator Health Services Director William B. Walker, M.D. , County Health Officer Lewis Pascalli, Hazardous Materials Division Congressman George Miller III 367 Civic Drive, Suite #14 Pleasant Hill, CA 94523 Contra Costa County The Board of Supervisors HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Tom Powers, 1st District Jeff Smith,2nd District Mark Finucane, Director s -,o Gayle Bishop,3rd District -= 20 Allen Street Sunne Wright McPeak,4th District ` 9 ,�� . Martinez,C;lifornia 94553-3191 Tom Torlakson,5th District i --__ ; (510)370-5003 County Administrator , "' Eos FAX(510)370-5098 Phil Batchelor °Srq•couNt{ County Administrator DATE: February 14, 1994 TO: Internal Operations Committee FROM: Mark Finucane ''�,} Health Services Director`lj By: William B. Walker, M.D. SUBJECT: Hazardous Materials Program This is the third quarterly report to the 10 Committee following the Committee's consideration of the January 31, 1993 Grand Jury report on the management of the Hazardous Materials Program. I. Oversight of the Hazardous Materials Program In our last report to the 10 Committee, two of the 11 issues originally identified in response to the February 1993 Grand Jury Report remained outstanding. The first issue concerned the fact that there are no established and generally understood standards for the number f or type of inspections which should be conducted by a staff member during the year. In light of recently enacted legislation (SB 1082 (See below for discussion), the Hazardous Materials Programs have evaluated whether the inspections made to a facility by different program inspectors could be made by a single inspector. Cross training of the inspection staff has occurred. A 'one stop" inspection process has begun wherein uncomplicated facilities will receive inspections for all programs in a single visit. Since the last quarter of 1993, this 'one-stop" format has been utilized by staff as their familiarity with the other Hazardous Materials Programs inspection requirements has increased through training. The effect on the inspection time requirements and workload is being evaluated., We will have a better sense on this impact after June, 1994. The second issue concerned the implementation of the computerized data management system. The new Hazardous Material Management Information System was completed on Merrithew Memorial Hospital&Clinics Public Health • Mental Health • Substance Abuse Environmental Health Contra Costa Health Plan Emergency Medical Services • Home Health Agency Geriatrics A-345 (2/93) T 2 December 10, 1993. The system was created internally to meet the specific needs of our multiple programs. The new system allows speedy and accurate data entry and retrieval, inspection data, violations found and information changes for all programs are inputed on the same program screens. We have begun entry of the chemical inventories of the 1200 business sites in our AB 2185 programs. To date, approximately 450 business inventories have been entered. These inventories are being entered daily and tracked weekly. Any questions regarding the correct naming of a chemical is referred to our inspector who has been assigned the role of chemical data base manager. Future development of the system will include billing and incident response modules. The billing modules will enable us at some time in the future to combine all the program billings for each facility. The incident response module will give us information on the number, location, day of the week, time of day and type of incident. On a related matter, Dr. Walker asked Mr. Howard Hatayama, former regional director for the Cal-EPA Department of Toxic Substances Control, to conduct a follow-up review of the hazardous materials program. Mr. Hatayama performed a similar review in late 1992 and identified issues which could improve the administration and management of the division. His report should be forthcoming soon. II. Designation of the Health Services Department as the Certified Unified Program Agency Under SB 1082 (CALDERON) SB 1082 requires the Secretary for Environmental Protection to adopt implementing regulations for unified hazardous waste and hazardous materials management regulatory program by January 1, 1996. The bill also prescribes the respective responsibilities of Certified Unified Program agencies and authorize a local agency which meets specified requirements to apply to the secretary to implement the unified program and require every county by January 1, 1996 to apply to the secretary to be certified to implement the unified program. One of the intentions of the Calderon bill is to reduce the impact of the numerous regulatory agencies on the business community. Contra Costa County's Code §450-2.006 designates the Health Services Department as the administering agency in Contra Costa County. The Department is the sole administering agency in the County and in this capacity meets the intentions of SB 1082. While the bill would allow cities to petition for certification, since the HSD already implements the majority of hazardous materials programs for the county, its designation is the most consistent with the intent of the legislation. Therefore, we are requesting that the Board of Supervisors express its intent to designate to the Secretary for Environmental Protection the Health Services Department as the agency to be the Certified Unified 3 Program Agency. With this intention transmitted to the Secretary, the Health Services Department can continue the progress it is making with a unified program for all of Contra Costa County. II. General Chemical Agreement Attached is a copy of a press release issued jointly by the HSD and the Bay Area Air Quality Management District that describes the settlement between the General Chemical Corporation, the District Attorney, the BAAQMD, and the HSD. This agreement was achieved through cooperation with all the agencies and the facility that is a direct result of the interagency efforts begun a 18 months ago. III. Congressman Miller's Report on Hazardous Materials Programs in Contra Costa County In December 1993, Congressman Miller released a report of the Committee on Natural Resources, "Living With Risk: Communities and the Hazard of Industrial Contamination". This report is the result of hearings he held following the General Chemical accident and subsequent investigation. Although Board members received copies of the report, we wanted to highlight a few aspects of the report. We strongly support the findings and recommendations of the report and are taking steps to implement them. For example, the Hazardous Materials Interagency Task Force, initiated by the HSD and which recently completed its first multijurisdictional inspection, seeks to "foster a comprehensive government-wide approach to the management of hazardous materials" and to "work together more closely to streamline accident response and to implement health, safety and environmental protection legislation to eliminate existing loopholes" (Policy recommendations 3 and 4). Specific action item #4 -- "industry and the county should work together to improve public health care in Richmond by providing a local primary health care clinic" -- was the core component of the Agreement reached with General Chemical. The report identified a number of key issue areas, and we will continue to work to implement its recommendations. IV. Other issues A. Meeting with Industrial Representatives At the November IO meeting, the Committee directed the HSD to convene a meeting with senior management of the major industrial firms in Contra Costa to discuss ways in which risks to the community can be reduced. That meeting took place on December 6. We believe it was a very successful meeting, having been attended by at least 50 plant managers and senior administration of all the large industrial facilities in the county. We discussed the need to improve communication between the facilities and the county and for facilities to improve safety. We urged that the private sector assume a greater responsibility of 4 monitoring quality assurance among themselves -- both after an incident and before. We are pursuing those discussions with representatives of a number of facilities. B. Framework for Targeting Facilities Under the RMPP Program At the November IO meeting, the Committee requested the HSD to determine the feasibility of establishing a framework within the RMPP program to focus its attention on those industries which have a demonstrated track record of safety violations. We believe that a broader context is needed beyond the RMPP program, since many agencies are involved in inspecting and regulating industrial facilities. Through the Interagency Task Force, we are attempting to set up a mechanism whereby inspection results, particularly serious safety violations, can be readily shared in order to identify those facilities with a pattern of problems. Those would be the facilities to target all inspection activities, not just RMPP. The matrix recently completed by the Task Force and the multijurisdictional inspection recently conducted at Tosco have been important steps in developing that framework by enabling the agencies to familiarize themselves with the spectrum of regulations. C. Integration of Oversight At the November IO meeting, the Committee requested the HSD to prepare a letter to elected representatives to urge that additional steps be taken to improve and integrate oversight of hazardous materials activities. That letter will be presented at the next meeting. We also are preparing legislative recommendations to require all relevant state department mission statements include as a goal greater integration of inspection activities with local agencies. We also will be recommending, consistent with Congressman Miller's report, that new oversight initiatives not fragment the regulatory process further and that any new proposal be evaluated within the whole regulatory context. CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT BAY AREA AIR QUALITY MANAGEMENT DISTRICT FOR IMMEDIATE RELEASE FEBRUARY 1, 1994 FOR MORE INFORMATION, CONTACT: Contra Costa Health Services Department Barbara Masters (510) 370-5022 Bay Area Air Ouality Management District Teresa Galvin Lee (415) 749-4900 HISTORIC AGREEMENT ANNOUNCED WITH GENERAL CHEMICAL In an unprecedented agreement, the Contra Costa County Health Services Department, District Attorney and the Bay Area Air Quality Management District have reached an agreement totalling $1.18 million with General Chemical relating to the July 26, 1993, oleum release that occurred while oleum was being unloaded from a railroad tank car. General Chemical worked constructively with the government agencies to reach this historic agreement that includes -- as the core component -- funding for the construction of a Center for Health in the North Richmond community. For the first time, local communities will receive the greatest direct benefit from such an agreement. As part of the agreement, General Chemical will also provide funding for a West County mobile van to provide public health and education services such as immunizations and HIV screenings to residents in the area who have difficulty obtaining access to health services because of transportation or language difficulties. (MORE) -2- Tom Powers, Chair of the Contra Costa County Board of Supervisors, said, "I want to congratulate all parties involved -- the Air District, the DA, the Health Services Department and General Chemical -- for recognizing that a health center and van for the community would be the most positive outcomes to a very unfortunate accident that impacted the community." Powers added, "I also want to acknowledge .leaders of the community, including the Executive Director of the North Richmond Neighborhood House and the Richmond NAACP, for pressing this idea so persuasively." Congressman George Miller, who held a hearing in Richmond following the General Chemical release, said "The community of North Richmond has been impacted for decades by hazardous chemicals and materials. At the same time, the residents have the fewest resources to adequately deal with any potential health and safety risks. The efforts of both the public agencies and General Chemical to establish this much needed primary health care clinic in the North Richmond community should be applauded. I welcome this new partnership on behalf of the community." The agreement provides $600,000 for capital and start-up costs associated with a Center for Health in the ?Forth Richmond area. The center would also serve neighboring communities in Richmond and San Pablo, although no site has been selected yet. An additional $200,000 will be provided for the van,which will also serve the West County area. Ongoing operational costs will be funded by the Health Services Department. Finally, in keeping with General Chemical's commitment immediately after the incident to compensate health facilities.for their costs, the Health Services Department will be reimbursed $416,000 (MORE) -3- for expenses associated with providing medical care and responding to the incident. General Chemical has similarly reimbursed other hospitals. The agreement also provides that General Chemical will pay $280,000 to the Air District to resolve all outstanding issues relating to the oleum release. Milt Feldstein, the the District's Air Pollution Control Officer said, "I'm delighted that the Air District was able to play such an instrumental role in achieving this important agreement which will provide direct and meaningful benefits to the Richmond community." In addition, General Chemical pled no contest in Bay Municipal Court to four criminal counts relating to the July 26 release. The maximum fine and penalty assessment of$189,000 was suspended upon condition that General Chemical provide the start-up costs for the health center and provide funding for the van. General Chemical will also pay $100,000 in response costs and civil penalties to the County, through the office of the District Attorney. The North Richmond community is surrounded by hea,,w industry. It is also a community that suffers from high rates of disease. This health center and van will provide direct access for residents to vital public and primary health care services. It will also enable them to receive treatment in the community in the event of a future industrial accident. E94 CONGRESSIONAL RECORD--Extensions of Remarks February 3, 1994 A UNIQUE RESPONSE TO TREAT- LNG INDUSTRIAL ACCIDENT VIC- TIMS HON. GEORU MM OF CALIPOPUNLA L'4 'r-UE HOUSE OF REFREsF_vTATrVES 7hursday, February 3,1994 Mr. MILLER Of Califomia. Mr. Speaker, every now and then ma silver lining appears. This week it showed up in my district, in Me form Of increased access to health care for Some of My ConsurLients. I rise today TO congratulate a number of local Officials in " homeof Contra costa County, CA, along with representatives of General Chemical Corp- and Local community aclivWes, for Coming up with a creative and unique solution to a long-standing environ- mental and nealthrrelated problem, Last July, a chemical tank car began.leaking at the General Chemical plant in-Richmond, CA, creating a harmful cloud of sulfuric acicL, Thousands Of people sought treatment in local hospitals. Unfortunately, it was only vie most recent of numerous serious industrial acatiomey'3-.,-;a, the Bay Area Air Quality acrd in the bay area, Mwagetrwra District General Chernical, and After months of nNotatiorls among.officials local activists,an agreement was reached just from the county health department, the oisTrid This week MW satisfies everyone—and which, most importantly, will have a very real and constructive impact in the Richmond commu nity. For its fault in V're toric release, General Chemical has agreed to pay SI.18 rnittion, with most of that money going to build a health clinic in North Richmond and create a separate. mobile health van to provide serv- ices to people who can't make it to ft clinic. Thiswill help fill a medical gap--*e closest medical care now avWlabie to north Richmond residents is more than 3 miles away at the Richmond Health Care Cen tel'.whefe facilities and staff labor to meet the large increase in patient volume in the past S years- Last year, atter the spill, my Oversight and Investigations Subcommittee of the Natural Resources Committee investigated this toxic chemical release and one of the slops we rer, ornmended was creation of this clinic. Theinvestigation also concluded that too often, minority communt6es suffer dsproppr- donately from exposure to toxic ctlemicals- And in the case of,Last summer's leak, many of the people who sough medical help came from the Largely mincrity, Low-income neigh- borhood around the ptaM - Mr.Speaker,I tell this story this moming bee- cause the problems of communities living with the risk of industrial accidents is not unique to my district We all share.this problern. But the creation of toes health dnic is a unique re- sponse.The agreement to build the clinic Is a true victory born out of tragedy. It represents a direct benefit that north Richmond needs. Sirriply paying a fine to a public agency wasn't going to help the community- It's not enough simply to sent money to the Treasury of to a local government. People want to see their daily lives made better and this will help do that.