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Home My WebLink AboutMINUTES - 06231998 - SD2 +icy; • TO: BOARD OF SUPERVISORS Contra FROM: William Walker, M.D.,Health Services Director Costa County DATE: June 10, 1998 SUBJECT: UNDERGROUND STORAGE REPORT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RF Q MENDAII.C}I'3' ACCEPT Underground Storage Tank Upgrade Program Status Report from the Hazardous Materials Division of the Health Services Department BAC. ND: Attached is a status report on the Underground Storage'Tank Upgrade Program. This report is a response to 40 CFR Part 280 requiring a series of upgrades for pre-1984 installed tanks prior to December, 1998. Federal regulations require that existing USTs and associated piping be upgraded or removed. FISCAL BRACT: _ .None CONTINUED ON ATTACHMENT:YES SIGNATURE: �f+TM""'" 4.0414. 44t,4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE .._,._.OTHER SIGNATURE(S): ACTION OF BOARD ON JUNE 23L_ 1998 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. Contact Person:Lewis Pascalli 6462286 CC: Health Services Administration };f ATTESTED PHI TCHELOR,CLERK Cid THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY --�' DEPUTY s Contra Costa County The Board of Supervisors HEATH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Jim Rogers,#st District 1iViIIlsm B.Walker, M`.D. Gayle S.Ulikettts,2nd i3istrict William & Walk Officer Donna Garber,3rd[district if Dirk De8xutniar,4th Mtric# `' Directore+ 20 Alien Street Joseph Csnclomilla,5th District 4g ._ ) Martinez,California 94553-3191 (510)370-5003 County Administrator FAX(5 10)370-5099 Phil Batchelor County Administrator To : Board of Supervisor From : William B. Walker, M.D., Health Services Director Subj : Status Report on the Underground Storage Tank Upgrade Program. 40 C.F.R. Part 280 et seq UNDERGROUND STORAGE TANK STATUS REPORT This is a status report on the Underground Storage Tank (UST)Upgrade Program in Contra Costa County. As a result of chemical releases from USTs to ground water sources in the early 1980s which affected a number of citizens in California, the State passed legislation in 1984 regulating the construction, installation, monitoring, and removal of USTs This law also required a series of upgrades for pre-1984 installed tanks which included provisions for leak detection. By 1988, the FederalEnvironmental Protection Agency issued regulations,which required that existing USTs and associated piping must either be upgraded or removed. The final date for compliance is 22 DEC 98. (40 Code of Federal Regulations Part 280 et seq.) Since that time, notice has been given by Federal, State and local agencies to the owners and operators of USTs informing them of the upgrade requirements and the compliance due date of 22 DEC 98. The State Water Resources Control Board(Board)has sent over 9,000 flyers to petroleum marketers/distributors since SEP 96. News Releases were issued;on 18 OCT 96 and repeated periodically since then giving notice of the upgrade requirements. Channel 3 Sacramento,ran an item on the upgrade program during the week of 24 FEB 97. In DEC 96 the Board developed a UST Program Homepage on the InterNet at (h=://www.swrcb.ca.govj. In JAN 97 the Board established a toll-free number (1-800- 999-8844)which has been included along with homepage information in all advertisements. The Board of Equalization(BOE) since OCT 96 included 1998 upgrade information in their newsletters and quarterly tax returns. BOE included in their JUN 96 mailing a letter Merrithew Mwr*dti Hcapuai&HWdt Cente0s + Public H"M • Men al Hs61st • SubsUwm Abuse • Ermrotrnenttit Health COMM 004116 M61M Plan • Esca&Wncy Medical Se0oces • HOxm Hea6h Agency * Garisvirs A-US {2197} from CAL/EPA addressed to approximately 9,500 UST owners/operators, signed by Anna Hopkins Virbick, Director. This letter emphasized that the 1998 deadline will not be extended. The County's Hazardous Materials Programs informed the business community by means of periodic articles in our quarterly :mailing of the Hazardous Materials Reporter in 1994, 1995, 1996 and early 1998. Additionally, there is a notice printed on all UST permits issued since 1997 stating that necessary modifications must be completed by 22 DEC 98 with permits being revoked for sites not in compliance. In the 1980s Contra Costa County had over 3,000 USTs at over a thousand sites. Since then,many tanks have been removed and new ones installed. During the 1980s numerous sites were abandoned and many companies went out of business because they were not able to fund the tank upgrade and ground cleanup. We all remember the ongoing scene in most communities of covered mounds of dirt within cyclone fenced, abandoned gas stations. Our data base indicates that there are presently 1506 USTs at 642 sites in the county. As of this date, 859 USTs have been upgraded. Before 22 DEC 98,we will perform a mutually scheduled compliance inspection at all UST sites which believe that they meet the upgrade requirements. Those successfully passing the inspection will receive, from our,inspectors, State supplied Upgrade Compliance Certificates. These Certificates must be displayed by the owner in a conspicuous place at the business. AB-1491 passed by the Legislature and signed by the governor on 8 OCT 97 reaffirms the 22 DEC 98 upgrade deadline and prohibits the delivery of petroleum to €a STs that have not been upgraded. The State will be issuing tags that will be secured to the fill opening of each upgraded or replaced tank. This tag must be visible to the driver before he delivers petroleum to the business after the upgrade due date. It is probable that a number of small business owners with USTs may not meet the upgrade deadline. If that occurs they may not be able to do business much past 22 DEC 98. We are informed that the majority of qualified vendors, who perform this upgrade work, may not be able to schedule all the work remaining to be done. There was a concern that, because of the demand, unknown vendors would)come from out of state to fill the upgrade vendor gap. Because this is a Federal requirement, all states are facing the same time compliance constraint. Qualified vendors in other states are facing scheduling problems in their own jurisdiction. We have noticed, along with several other counties, that there may be sales of UST sites to unwary buyers who may not perform a due diligence investigation of the business before they consummate the deal. This could result in individuals caught in the unenviable situation of paying a significant price for a business and then finding out that they have to upgrade their USTs at a cost they cannot afford. Of the several potential buyers our staff has been in contact with, they were sure to inform them of the UST upgrade requirements facing the business. We may not be able catch all of them. As the deadline approaches and owners of non upgraded USTs assess that they will not be able to maintain their business, we anticipate a flurry of desperate calf asking for relief from the consequences of not having their tanks meet the 22 DEC 98 compliance requirements. All we are able to do is schedule a compliance inspection,as soon as possible, after their tanks are upgraded. Only after they demonstrate that their tanks meet compliance, can we issue the certificate and the tags. If you or your staff have any questions regarding this issue,please contact Mr. Pascalli at 6462286. ADDRESSEES Jim.Rogers, District l Gayle B Uilkema, District 2 Donna Gerber, District 3 Mark De Saulnier, District 4 Joe Canciamlla, District 5 Cc. Phil Batchelor, County Administrator Lewis G. Pascalli, Jr., Director, Hazardous Materials Programs