HomeMy WebLinkAboutMINUTES - 06202006 - C.21 (3) AFFIDAVIT OF POSTING
OF
THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
State of California )
County of Contra Costa )
I, June McHuen, hereby declare that I am a citizen of the United States of
America, over the age of 18 years;that acting for the Board of Supervisors of the County of
Contra Costa I posted on_06-21-06_at 651 Pine Street, Room 106 Martinez, California,
a
complete copy of the
proposed Ordinance 2006-22 , amending the Industrial Safety Ordinance, fixed for
adoption on ,lune 27, 2006, for public inspection.
Dated: 06-21-2006
I declare under penalty of perjury
that the foregoing is true and
correct.
/eputy
ORDINANCE NO. 2006-22
(AMENDMENTS TO ORDINANCE CODE CHAPTER 450-8,
ON INDUSTRIAL SAFETY)
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 amends specified sections of County
Ordinance.Code Chapter 450-8, to impose additional measures to improve industrial
safety, and toconform the ordinance.to state law, including changing references to the
former "State Risk Management Program," to the new "State Accidental Release
Prevention Program." This ordinance amends County.Ordinance Code Chapter 450-8
by:. 1) adding definitions for"California Accidental Release Prevention Program."
"Catastrophic Release," "Human Factors,:.and "Human Systems," to section 450-8.012;
2) amending subdivision (b) of section 450-8.016 to require that human factors
programs developed by stationary sources address maintenance safe work practice
procedures and maintenance procedures for specialized equipment, piping, and
instructions by June 30, 201 1,.to expand the requirement to conduct a management of
change to changes in permanent staffing levels and reorganizations in maintenance,
health and safety as well as in operations or emergency response, and to stationary
sources using contractors in permanent positions in operations and maintenance, to
require stationary sources to ensure that job function descriptions are current and
accurate for positions under consideration before conducting the management of
change, to provide that staffing changes that last longer than ninety days be considered
permanent, to provide that temporary changes associated with strike preparations be
considered, and to require.consultation with employees and their representatives, and
3) adding subdivisions (g).and (h).to section 450-8.016, to require all stationary
sources to conduct security and vulnerability assessments and safety culture
assessments. This ordinance also makes various clarifying, administrative, and other
non-substantive changes to sections 450-8.004, 450-8.010, 450-8.014, 450-8.016,
450-8.018, and 450-8.030..
SECTION II. Section 450-8.004 of the County Ordinance Code, is amended to read:.
450-8.004 Purpose and Goals. (a) The purpose of this ordinance is to impose
regulations which improve.industrial safety by:
(1)requiring the conduct of process hazard analyses for covered processes
handling hazardous materials not covered by the federal or state Accidental Release
Prevention Programs;
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(2) requiring the review of action items resulting from process hazard analyses
and requiring completion of those action items selected by the stationary source for
implementation within a reasonable time frame;
(3) requiring the review of accidental release prevention efforts of stationary
sources and providing for the.conduct of investigations and analyses for the
determination of the root cause for certain incidents;
(4) providing review, inspection, auditing and safety requirements that are more
stringent than those required in existing law and regulations;
(5) providing for public.input into the safety plan and safety program and public
review of any inspection and audit results;
(6) facilitating cooperation between industry, the County, and the public in the
prevention and reduction of incidents at stationary sources;
(7) expanding the application of certain provisions of the federal and state
Accidental Release Prevention Programs to processes not covered by the federal or
state Accidental Release Prevention Programs;
(8).verifying that an approved security and vulnerability study is performed, and
that the recommendations are addressed within a reasonable time frame;
(9) requiring the development and implementation of a written human factors
program; and
(10)preventing and reducing the number, frequency, and severity of accidental
releases in the County.
(Ords. 2006-22 §.2; 98-48 § 2.)
SECTION III. . Section 450-8.010 of the County Ordinance Code is amended to read:.
450-8.010 Applicability. (a) This ordinance shall apply to stationary sources
except that:
(b) The following are exempt from the provisions of this chapter except
Sections 450-8.016 (c) and (e), and 450-8.018 (f) and (g):
(1) storage tanks containing a non-regulated substance, except for storage tanks
that contain a material that has a flashpoint above 141'F and below 200°F in
accordance with the definition of combustible liquid in 49 CFR 173.120(b);
(2) drum storage of..(A) a non-regulated substance; (B) less than 10,000 pounds
of a Hazard Category B material located such that the drums could reasonably be
expected to be involved in a single release; and (C) a Hazard Category A material,
located such that the drums could reasonably be expected to be involved in a single
release, at less than the quantity specified as the Threshold Planning Quantity on the
Extremely Hazardous Substances list (Appendix A to 40. CFR Chapter I, Subchapter J,
Part 355, as amended from time to time) or 500 pounds, whichever is less;
(3) activities in process plant laboratories or laboratories that are under the
supervision of a technically qualified individual as defined in Section 720.3 (ee) of 40
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CFR. This exemption does not apply to specialty chemical production; manufacture,
processing or use.of substances in pilot plant scale operations; and activities conducted
outside the laboratory;
(4) utilities, except for fuel gas and natural gas systems to the battery limits of a
process unit; and
(5) any waste.tanks, containers or other devices subject to the federal and state
hazardous waste laws, including the Resource Conservation and Recovery.Act(RCRA),
40.CFR Chapter I, Subchapter I, commencing with Part 260, the California Hazardous
Waste Control Law, California Health and Safety Code, commencing with Section
25100.and the California Code of Regulations, Title 22 Division 4.5 Environmental
Health Standards for the Management of Hazardous Waste.
(Ords. 2006-22. § 3; 98-48 § 2.)
SECTION IV. . Section 450-8.014 of the. County Ordinance Code is amended to read:
450-8.014 Definitions.. For purposes of this chapter the definitions set forth
in this section shall apply. Words used in this chapter not defined in this section shall
have the meanings ascribed to them in the Clean Air Act Regulations (40 CFR § 68.3)
and in California Health and Safety Code article 2 (§ 25531 et seq.) of Chapter 6.95,
unless the context indicates otherwise.
(a) "Covered process" means any process at a Stationary Source.
(b) "Department" means the Contra Costa County Health Services Director and
any Director authorized deputies.
(c) "Feasible" means capable of being accomplished in a successful manner
within a reasonable period of time, taking into.account economic, environmental, legal,
social, and technological factors.
(d) "Hazard Category A Materials" are substances which meet the Hazard
Category.A Material definition as set forth in Section 84-63.1016.
(e) "Hazard Category B Materials" are substances which meet the Hazard
Category.B Material definition as set forth in Section 84-63.1016.
(f) "Industry codes, standards, and guidelines" means the edition of the codes,
standards, and guidelines in effect at the time of original design or construction for the
design, construction, alteration, maintenance or repair of process units, industrial
equipment, or other industrial facilities, structures or buildings published by, but not
limited to, the American Petroleum Institute(API), the American Chemistry Council
(ACC), the American Society of Mechanical Engineers (ASME) or the American
National Standards Institute (ANSI), and meets Recognized and Generally Accepted
Good Engineering Practices (RAGAGEP).
(g) "Inherently safer systems" means "inherently safer design strategies" as
discussed in the latest edition of the Center for Chemical Process Safety Publication
"Inherently Safer Chemical Processes," and means feasible alternative equipment,
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processes, materials, lay-outs, and procedures meant to eliminate, minimize, or reduce
the risk of a major chemical accident or release by modifying a process rather than
adding external layers of protection. Examples include, but are not limited to,
substitution of materials with lower vapor pressure, lower flammability, or lower
toxicity; isolation of hazardous processes; and use of processes which operate at lower
temperatures and/or pressures.
(h) "Major chemical accident or release" means an incident that meets the
definition of a Level 3 or Level 2 Incident in the Community Warning System incident
level classification system defined in the Hazardous Materials Incident Notification
Policy, as determined by the Department; or results in the release of a Regulated
Substance and meets one or more of the following criteria:
(1) results in one or more fatalities;
(2) results in greater.than 24 hours of hospital treatment of three or more
persons;
(3) causes on and/or off-site.property damage (including clean-up.and
restoration activities).initially estimated at $500,000 or more. On-site estimates shall
be performed by the stationary source. Off-site estimates shall be performed by
appropriate agencies and compiled by the Department;
(4) results in a vapor cloud of flammables and/or combustibles that is more than
5000 pounds.
(i) "Regulated substance" means (1) any chemical substance which satisfies the
provisions of California Health and Safety Code section 25532 (g), as amended from
time to time, or (2) a substance which satisfies the provisions of Hazard Categories A
or B in section 84-63.1016. Mixtures containing less than 1% of a regulated substance
shall not be considered in the determination of the presence of a regulated material.
0) "Risk Management Program" means the documentation, development,
implementation, and integration of management systems by the facility to comply with
the regulations set forth in 40 CFR, Part 68.and the.California Health and Safety Code,
Article 2, commencing with Section 25531.
(k) "RMP".means the Risk Management Plan required to be submitted pursuant
to.the requirements of the 40 CFR § 68.150-68.185.and the California Health and
Safety Code article 2 (Section 25531 et seq.) of Chapter 6.95.
(1) "Root cause" means prime reasons, such as failures of some management
systems, that allow faulty design, inadequate training, or improper changes, which lead
toan unsafe.act or condition, and result in an incident...If root causes were removed,
the particular incident would not have occurred.
(m) "Safety plan" means the safety plan required to be submitted to the
Department pursuant to the requirements of Section 450-8.016 of this chapter.
(n) "Safety program" means the documentation, development, implementation,
and integration of management systems by the stationary source to comply with the
safety requirements set forth in Section 450-8.016 of this chapter.
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(o) "Stationary source" or "source" means a facility which includes at least one
process as defined in 40 CFR 68.10 that is subject to Federal Risk Management
Program Level 3 requirements and whose primary North American Industry
Classification System code (NAICS) is 324 (Petroleum and Coal Products
Manufacturing) or 325 (Chemical Manufacturing).
(p) "California Accidental Release Prevention Program" means the
documentation, development, implementation, and integration of management systems
by a facility to comply with the regulations set forth in California Code of Regulations,
Title 19, Division 2, Chapter 4.5.
(q) "Catastrophic release" means a major uncontrolled emission, fire, or
explosion, involving one or more highly hazardous chemicals, that presents serious
danger to employees in the workplace and/or the public. As used in this section,
"highly hazardous chemical" has the meaning ascribed to it in 29 CFR 1910.119(b) as
of May 21, 2003.
(r) "Human Factors" means a discipline concerned with designing machines,
operations, and work environments so that they match human capabilities, limitations,
and needs. "Human Factors" can be further referred to as environmental,
organizational, and job factors, and human and individual characteristics that influence
behavior at work in a way that can affect health and safety.
(s) "Human Systems" means the systems, such as written and unwritten policies,
procedures, and practices, in effect to minimize the existence/persistence of latent
conditions at the stationary source. It also includes the broad area of safety culture of
a stationary source to the extent that it influences the actions of individuals or groups
of individuals.
(Ords. 2006-22 § 4; 98-48 § 2.)
SECTION V. Section 450=8.016 of the County Ordinance Code is amended to read:
450-8.016 Stationary Source Safety Requirements. The stationary source
shall submit a safety plan to the Department within one year of the effective date of
this ordinance or within three years of the date a facility becomes a stationary source,
that complies with the provisions of this section and that includes the safety elements
listed in subsection (a) below. In addition, the stationary source shall comply with the
safety requirements set forth in subsections (a) through (e) of this section and shall
include a description of the manner of compliance with these subsections in the safety
plan. A new covered process at an existing stationary source shall comply with
subsections (a) through (e) prior to initial startup.
(a) Safety Program Elements. All covered processes shall be subject to the
safety program elements listed below. The safety plan shall include a description of
the manner in which these safety program elements listed below shall be applied to the
covered process. These safety program elements shall be implemented in
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conformance with the.California Accidental Release Prevention Program and the
safety plan shall follow Chapters 5, 7, 8 and 9 of the Contra Costa County Health
Services Department CalARP Program guidance document.
(1).Process Safety Information. (A) The stationary source shall complete a
compilation of written process safety information before conducting any
process hazard analysis as required by this chapter..The.compilation of written
process safety information is to enable the stationary source and the employees
involved in operating the covered process to identify and understand the hazards
posed by the covered process. This process safety information shall include
information pertaining to the hazards of the regulated substances used or
produced by the process, information pertaining to the technology of the
process, information pertaining to.the equipment in the process, and
information pertaining to the hazards of the Regulated Substances in the
process.
(i) This information shall consist of at least the following: toxicity
information; permissible exposure limits; physical data; reactivity data;
corrosivity data; thermal and chemical stability data; and hazardous effects of
inadvertent mixing of different materials that could foreseeably occur. .
(ii) Material Safety Data Sheefs meeting the requirements of Section
5189, Title 8.of California Code of Regulations may be used to comply with
this requirement to the.extent they contain the information required by this
subsection.
(iii).Information pertaining to the technology of the process shall
include at least the following:.a block flow diagram or simplified process flow
diagram;.process chemistry; maximum intended inventory; safe upper and lower
limits for such items as temperatures, pressures, flows or compositions; and, an
evaluation of the consequences of deviations.. Where the original technical
information no longer exists, such information may be developed in conjunction
with the process hazard analysis in sufficient detail to support the analysis..
(iv) Information pertaining to the equipmentfin the process shall include:
materials of construction; piping and instrument diagrams (P&ID's); electrical
classification; relief system design and design basis; ventilation system design;
design codes and standards employed; material and energy balances for
processes built after the compliance date of this Chapter; and safety.systems
(e.g. interlocks, detection or suppression systems).
(B) The stationary source shall document that equipment complies with
recognized and generally accepted good engineering practices.
(C) For existing equipment designed and constructed in accordance with codes,
standards, or practices that are no longer in general use, the Stationary Source
shall determine and document that the equipment is designed, maintained,
inspected, tested, and operating in a safe manner.
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(2) Operating Procedures. (A) The stationary source shall develop and
implement written operating procedures that provide clear instructions for
safely conducting activities involved in each covered process consistent with
the process safety information and shall address at least the following elements:.
(i) Steps for each operating phase: initial startup; normal operations;
temporary operations; emergency shutdown, including the.conditions under
which emergency shutdown is required, and the assignment of shutdown
responsibility to.qualified operators to ensure that emergency shutdown is
executed in a safe and timely manner; emergency operations; normal shutdown;
and, startup following a turnaround, or after an emergency shutdown.
(ii) Operating limits:.consequences of deviation; and steps required to
correct or avoid deviation.
(B) Safety and health considerations.. Properties of, and hazards presented by,
the chemicals used in the process; precautions necessary to prevent exposure,
including engineering controls, administrative controls, and personal protective
equipment; control measures to be taken if physical contact or airborne
exposure occurs; quality control for raw materials and control of hazardous
chemical inventory levels; and, any special or unique hazards.
(C) Safety systems and their functions.
(D) Operating procedures shall be readily accessible to employees who work in
or maintain a process.
(E) The operating procedures shall be reviewed as often as necessary to assure
that they reflect current operating practice, including changes that result from
changes in process chemicals, technology, and equipment, and changes to
stationary sources. The stationary source shall certify annually that these
operating procedures are current and accurate.
(F) The stationary source shall develop and implement safe work practices to
provide.for the control of hazards during operations such as lockout/tagout;
confined space entry; opening process equipment or piping; and control over
entrance into a stationary source by maintenance, contractor, laboratory, or
other support personnel..These safe work practices shall apply to employees and
contractor employees.
(3) Employee Participation. (A) The stationary source shall develop a written
plan of action regarding the implementation of the employee participation
required by this chapter.
(B) The.stationary source shall consult with employees and their representatives
on the conduct and development of process hazards analyses and on the
development of the other elements of the safety program in this chapter.
(C) The stationary source shall provide to employees and their representatives
access to process hazard analyses and to all other information required to be
developed under this chapter.
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(4) Training. For Each Employee in Such Covered Process. (A).Initial training..
Each employee presently involved in operating a covered process, and each
employee before being involved in operating a newly assigned covered process,
shall be.trained in an overview of the process and in the operating procedures as
specified in Section 450-8.016 (A)(2).. The training shall include emphasis on
the specific safety and health hazards, emergency operations including
shutdown, and safe work practices applicable to the employee's job tasks.. In
lieu of initial training for those employees already involved in operating a
process, an owner or operator may certify in writing that the employee.has the
required knowledge, skills, and abilities to safely carry out the duties and
responsibilities as specified in the operating procedures.
(B).Refresher training. Refresher training shall be provided at least every three
years, and more often if necessary, to each employee involved in operating a
covered process to assure that the employee understands and adheres to the
current operating procedures of the covered process. The stationary source, in
consultation with the employees involved in operating the process, shall
determine the appropriate frequency of refresher training.
(C) Training documentation. .The stationary source shall ascertain that each
employee involved in operating a process has received and understood the
training required by this section..The stationary source shall prepare a record
which contains the identity of the employee, the date of training, and the means
used to verify that the employee understood the training.
(5)Mechanical Integrity, Including the Use of Industry Codes, Standards, and
Guidelines. (A).Application. .Paragraphs (B).through (F) of this subsection
apply to the following process equipment: pressure vessels and storage tanks;
piping sub systems (including piping components such as valves); relief and vent
systems and devices; emergency shutdown systems; controls (including
monitoring devices and sensors, alarms, and interlocks) and, pumps.
(B) Written procedures. The stationary source shall establish and implement
written procedures to maintain the on-going integrity of process equipment.
(C) Training for process maintenance activities. The stationary source.shall
train each employee involved in maintaining the on-going integrity of process
equipment in an overview of that process and its hazards and in the procedures
applicable to the employee's job tasks to assure that the employee can perform
the job tasks in a safe manner.
(D) Inspection and testing. (1) Inspections and tests shall be performed on
process equipment. Inspection and testing procedures shall follow recognized
and generally accepted good engineering practices. The frequency of
inspections and tests of process equipment shall be consistent with applicable
manufacturers' recommendations and good engineering practices, and more
frequently if determined to be necessary by prior operating experience. The
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stationary source shall document each inspection and test that has been
performed on process equipment. The documentation shall identify the date of
the inspection or test, the name of the person who performed the inspection or
test, the serial number or other identifier of the equipment on which the
inspection or test was performed, a description of the inspection or test
performed, and the results of the inspection or test.
(E) Equipment deficiencies. The stationary source shall correct deficiencies in
equipment that are outside acceptable limits (defined by the process safety
information in Section 450-8.106(A)(1)).before further use or in a safe and
timely manner when necessary means are taken to assure safe operation.
(F) Quality assurance. In the construction of new plants and equipment, the
stationary source shall assure that equipment as it is fabricated is suitable for
the process application for which they will be used. .Appropriate checks and
inspections shall be performed to assure that equipment is installed properly
and consistent with design specifications and the manufacturer's instructions.
The.stationary source shall assure that maintenance materials, spare parts and
equipment are suitable for the process application for which they will be used.
(6) Management of Change. .(A) The stationary source shall establish and
implement written procedures to manage changes (except for "replacements in
kind") to process chemicals, technology, equipment, and procedures; and,
changes to stationary sources that affect a covered process.
(B) The procedures shall assure that the following considerations are addressed
prior to any change: the technical basis for the proposed change; impact of
change on safety and health; modifications to operating procedures; necessary
time period for the change; and, authorization requirements for the proposed
change.
(C) Employees involved in operating a process and maintenance and contract
employees whose job tasks will be affected by a change in the process shall be
informed of, and trained in, the change prior to start-up of the process or
affected part of the process.
(D) If a change covered by this section results in a change in the process safety
information required by Section 450-8.016(a)(1), such information shall be
updated accordingly.
(E) If a change covered by this section results in a change in the operating
procedures or practices required by Section 450-8.016(a)(2), such procedures
or practices shall be updated accordingly.
(7) Pre Start-Up Reviews. (A) The stationary source shall perform a pre-startup
safety review for new stationary sources and for modified stationary sources
when the modification is significant enough torequire a change in the process
safety information.
(B) The pre-startup safety review shall confirm that prior to the introduction of
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regulated substances to a covered process:.construction and equipment is in
accordance with design specifications; safety, operating, maintenance, and
emergency procedures are in place and are adequate; for new covered processes,
a process hazard analysis has been performed and recommendations have been
resolved or implemented before.startup; and modified covered processes meet
the requirements contained in management of change, Section 450-8.106(a)(6);
and training of each employee involved in operating a process has been
completed.
(8) Compliance Audits. (A) The stationary source shall certify that they have
evaluated compliance with the provisions of this section at least every three
years to verify that the procedures and practices developed under.this Chapter
are adequate and are being followed.
(B) The compliance audit shall be conducted by at least one person
knowledgeable in the.process.
(C) A report of the findings of the audit shall be developed.
(D) The stationary source shall promptly determine and document an
appropriate response to each of the findings of the compliance audit, and
document that deficiencies have been corrected.
(E) The stationary source shall retain the two most recent compliance audit
reports.
(9) Incident Investigation. (A) The.stationary source shall investigate each
incident which resulted in, or could reasonably have resulted in a catastrophic
release of a regulated substance.
(B) An incident investigation shall be initiated as promptly as possible, but not
later than 48.hours following the incident.
(C) An incident investigationteam shall be established and consist of at least
one.person knowledgeable in the covered process involved, including a contract
employee if the incident involved work of the contractor, and other persons with
appropriate knowledge and experience to thoroughly investigate and analyze the
incident.
(D) A report shall be prepared at the conclusion of the investigation which
includes at a minimum: date of incident; date investigation began; a description
of the incident; the factors that contributed to the incident; and,
recommendations resulting from the investigation. The written summary shall
indicate whether the cause of the incident and/or recommendations resulting
from the investigation are specific only to the process or equipment involved in
the incident, or are applicable to other processes or equipment at the stationary
source.. The incident investigation report shall be made available to the
Department upon request.
(E) The stationary source shall establish a system to promptly address and
resolve the incident report findings and recommendations. Resolutions and
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corrective actions shall be documented.
(F) The report shall be reviewed with all affected personnel whose.job tasks are
relevant to the incident findings including contract employees where applicable.
(G) Incident investigation reports shall be retained for five years.
(10).Hot Work_ (A) The.stationary source shall issue a hot work permit for hot
work operations conducted on or near a covered process.
(B) The permit shall document that the fire.prevention and protection
requirements in §. 5189 of Title 8.of California Code Regulations have been
implemented prior to.beginning the hot work operations; it shall indicate the
date(s) authorized for hot work; and identify the object on which hot work is to
be performed..The permit shall be kept on file until completion of the.hot work
operations.
(11) Contractors...(A) Application. .This section applies to contractors
performing maintenance or repair, turnaround, major renovation, or specialty
work on or adjacent to a covered process.. It does not apply to contractors
providing incidental services which do not influence process safety, such as
janitorial work, food and drink services, laundry, delivery or other supply
services.
(B) Stationary Source responsibilities. (i) The stationary source, when
selecting a contractor, shall obtain and evaluate information regarding the
contract owner or operator's safety performance and programs. . (ii) The
stationary source.shall inform contract owner or operator of the known
potential fire, explosion, or toxic release hazards related to the contractor's
work and the process.. (iii) The stationary source shall explain to the contract
owner or operator the applicable provisions of the emergency response program
Section 450-8.016(a)(12). (iv) The stationary source shall develop and
implement safe work practices consistent with Section 450-8.016(a)(2), to
control the entrance, presence, and exit of the contract owner or operator and
contract employees in covered process areas. (v) The stationary source.shall
periodically evaluate the performance of the contract owner or operator in
fulfilling their obligations as specified in Section 450-8.016(a)(11)(C).
(C) Contract owner or operator responsibilities. (i) The contract owner or
operator shall assure that each contract employee is trained in the work
practices necessary to safely perform his/her job. (ii) The contract owner or
operator shall assure that each contract employee is instructed in the known
potential fire, explosion, or toxic release hazards related to his/her job and the
process, and the applicable provisions of the emergency action plan. (iii) The
contract owner or operator shall document that each contract employee has
received and understood the training required by this section. The contract
owner or operator shall prepare a record which contains the identity of the
contract employee, the date of training, and the means used to verify that the
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employee understood the training. (iv) The contract owner or operator shall
assure that each contract employee follows the safety rules of the stationary
source including the safe work practices required by Section 450-8.016(a)(2)..
(v) The contract owner or operator shall advise the stationary source.of any
unique hazards presented by the contract owner or operator's work, or of any
hazards found by the contract owner or operator's work.
(12) Emergency Response.Program. (A) The stationary source shall develop
and implement an emergency response program for the purpose of protecting
public health and the.environment. Such program shall include the.following
elements:. (i) an emergency response plan, which shall be maintained at the
stationary source.and contain at least the following elements: procedures for
informing the public and local emergency response agencies about accidental
releases, emergency planning, and emergency response; documentation of
proper first-aid and emergency medical treatment necessary to.treat accidental
human exposures; and procedures and measures for emergency response after
an accidental release of a regulated substance; (ii)procedures for the use of
emergency response,equipment and for its inspection, testing, and maintenance,
including documentation of inspection, testing, and maintenance; (iii) training
for all employees in relevant procedures and the Incident Command System; and
(iv) procedures to review and update, as appropriate, the.emergency response
plan to reflect changes at the stationary source and ensure that employees are
informed of changes.
(B) A written plan that complies with other federal contingency plan regulations
or is consistent with the approach in the National Response Team's Integrated
Contingency Plan Guidance ("One.Plan") and that, among other matters,
includes the elements provided in Section 450-8.016(a)(12)(A), shall satisfy
the requirements of this section if the stationary source also complies with
Section 450-8.016(a)(12)(C).
(C) The.emergency response.plan developed under this section shall be
coordinated with the community emergency response plan developed under 42
U.S.C. §11003...Upon request of the local emergency planning committee or
emergency response officials, the.stationary source shall promptly.provide to
the local emergency response officials information necessary for developing
and implementing the community emergency response plan.
(D) The stationary source whose employees will not respond to accidental
releases of regulated substances need not comply with (a)(12)(A) through
(a)(1 2)(C) above provided that they meet the following: (i) for stationary
sources with any regulated toxic substance held in a process above the threshold
quantity, the stationary source is included in the community emergency
response plan developed under Section 11003 of Title 42 of the United States
Code (USC); or (ii) for stationary sources with only regulated flammable
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substances held in a process above.the threshold quantity the stationary source
has coordinated response actions with the local fire department; and(iii)
appropriate mechanisms are in place to notify emergency responders when there
is a need for a response.
(13) Safety.Program Management. .(A) The owner or operator of a stationary
source subject to.this Chapter shall develop a management system to oversee
the implementation of the safety program elements..
(B) The owner or operator shall assign a qualified person or position that has the
overall responsibility for the development, implementation, and integration of
the: safety program elements.
(C) When responsibility for implementing individual requirements of this
chapter is assigned to persons other than the person identified under subsection
a(13)(B), the names or positions of these people shall be documented and the
lines of authority defined through an organization chart or similar document.
(b) Human Factors Program. (1) Stationary sources shall develop a written
human factors program that follows the human factors guidance document developed
or adopted by the Department. The program shall be developed within one year
following the issuance of the Contra Costa County guidance documents, the effective
date of this section, or as otherwise allowed by this chapter, whichever is later. The
human factors program shall address:
(A) the inclusion of human factors in the process hazards analysis process;
(B) the consideration of human systems as causal factors in the incident
investigation process for major chemical accidents or releases or for an
incident that could reasonably have resulted in a major chemical accident or
release;
(C).The training of employees in the human factors program;
(D) Operating procedures;
(E) Maintenance safe work practice procedures and maintenance procedures for
specialized equipment, piping, and instruments, no later than June 30, 2011; and
(F) The requirement to conduct a management of change prior to staffing
changes for changes in permanent staffing levels/reorganization in operations,
maintenance, health and safety, or emergency response. This requirement shall
also apply to stationary sources using contractors in permanent positions in
operations and maintenance. Prior to conducting the management of change, the
Stationary Source shall ensure that the job function descriptions are current and
accurate for the positions under consideration. Staffing changes that last longer
than ninety days are considered permanent. Temporary changes associated with
strike preparations shall also be subject to this requirement. Employees and
their representatives shall be consulted in the management of change.
(2) Employees and their representatives shall participate in the development of
the written human factors program.
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(3) The program shall include, but not be limited to, issues such as staffing,
shiftwork and overtime.
(4) .N description of the human factors program(b)(1) through (b)(3) above
shall be included in the safety plan prepared by the stationary source.
(c) Root Cause Analysis and Incident Investigation. ,
(1) Stationary sources shall conduct a root cause analysis for each major
chemical accident or release which occurs after the effective date of this chapter..
Stationary sources shall periodically update the Department on facts related to the
release or incident, and the status of a root cause analysis conducted pursuant to this
section, at meetings scheduled by the Department in cooperation with the stationary
source.. To the maximum extent feasible, the Department and the stationary source
shall coordinate these meetings with other agencies with jurisdiction over the
stationary.source. Within 30 days of completing a root cause analysis performed
pursuant to this section, the stationary source shall submit to the Department a final
report containing that analysis, including recommendations to be implemented to
mitigate against the release or incident re-occurring, if any, and a schedule for
completion of resulting recommendations. The Department may require the stationary
source to submit written, periodic update reports at a frequency not to, exceed every 30
days until the final report is submitted. .The methodology of the root cause analysis
shall be one of the.methodologies recognized by the Center for Chemical Process
Safety or shall be reviewed by the Department to determine.substantial equivalency
(2) The Department may elect to do.its own independent root cause analysis or
incident investigation for a major chemical accident or release. If the Department
elects to conduct a root cause analysis or incident investigation the stationary source
shall cooperate with the Department by providing the following access and information
in a manner consistent with the safety of Department and stationary source personnel
and without placing undue burdens on the operation of the stationary source: (i) allow
the.Department to investigate the accident site and directly related facilities such as
control rooms, physical evidence and where practicable the external and internal
inspection of equipment, (ii).provide the Department with pertinent documentation, and
(iii) allow the Department to conduct independent interviews of stationary source
employees, subject to all rights of the stationary source and employees to be
represented by legal counsel and/or management and union representatives during such
interviews.. If in the course of the Department's root cause analysis or incident
investigation access is required to areas of the stationary source which in the judgment
of the stationary source requires personnel entering the area to use protective
equipment and/or have specialized training the Department shall provide its personnel
with such equipment and training. To the maximum extent feasible the Department
shall coordinate any root cause analysis or incident investigation it conducts with
investigations conducted by other agencies with jurisdiction over the stationary source
to minimize the adverse impacts on the stationary source and/or its employees.
ORD. 2006-22
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(3) No part of the conclusions, findings or recommendations of the root cause
analysis conducted by the Department or stationary source, or incident investigation
conducted by the.Department, relating to any major chemical accident or release.or the
investigation thereof shall be admitted as evidence or used in any action or suit for
damages arising out of any matter mentioned in such report.
(d) Process Hazard Analysis/Action Items. (1) Process hazard analyses will
be conducted for each of the covered processes according to one of the following
methods:..What-If, Checklist, What-If/Checklist, Hazard and Operability Study
(HAZOP), Failure.Mode and Effects Analysis (FMEA), Fault Tree Analysis or an
appropriate.equivalent methodology approved by the Department prior to conducting
the process hazard analysis.. The process hazard analysis shall be appropriate to the
complexity of the covered process and shall identify, evaluate, and control the hazards
involved in the covered process. The process hazard analysis shall address: the hazards
of the.process; the identification of any previous incident which had a likely potential
for catastrophic consequences; engineering and administrative controls applicable to
the hazards and their interrelationships such as appropriate application of detection
methodologies to provide early warning of releases (acceptable detection methods
might include process monitoring and control instrumentation with alarms, and
detection hardware such as hydrocarbon sensors); consequences of failure of
engineering and administrative controls; covered process and stationary source siting;
human factors; and a qualitative evaluation of a range of the possible safety and health
effects of.failure of controls. PHAs should also include consideration of external
events except for seismic analyses, which are only required when criteria listed in 450-
8.016(d)(2) are satisfied. All process hazard analyses shall be performed by a team
with expertise in engineering and process operations, and the team shall include at least
one.employee who has experience and knowledge specific to the process being
evaluated. Also, one member of the team must be knowledgeable in the specific
process hazard analysis methodology being used.
(2) The process hazard analyses shall be.conducted within 1.year of the effective
date of this Chapter and no later than the submittal date of the safety plan...Previously
completed process hazard analyses that comply with the. California Code of
Regulations, Title 8, Section 5189, and/or the California Code of Regulations, Title 19,
Section 2760.2 are acceptable for the purposes of this Chapter.. Process hazard
analyses shall be updated and revalidated at least once every 5.years after completion
of the initial process hazard analysis. Updated and revalidated process hazard analyses
completed to comply with the California Code of Regulations, Title 8, Section 5189,
and/or the California Code of Regulations, Title 19, Section 2760 are acceptable for
meeting the update and revalidation requirement. Seismic events shall be considered
for processes containing a substance defined in the California Code of Regulations,
Title 19, Chapter 4.5 1, Section 2770.5, if the distance to the nearest public receptor
for a worst case release scenario specified by the.California Code of Regulations, Title
ORD. 2006-22
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19, Chapter 4.5, Section 2750.3 is within the distance to a toxic or flammable endpoint
as defined in California Code of Regulations, Title 19, Chapter 4.5, Section 2750.2(a).
(3) For all covered processes, the stationary source shall consider the use of
inherently safer systems in the development and analysis of mitigation items resulting
from a process hazard analysis and in the design and review of new processes and
facilities. .The stationary source shall select and implement inherently safer systems to
the greatest extent feasible.. If a stationary source concludes that an inherently safer
system is not feasible, the basis for this conclusion shall be documented in meaningful
detail. .
(4) For all covered processes, the stationary source shall document the decision
made to implement or not implement all process hazard analysis recommended action
items and the results of recommendations for additional study. The stationary source
shall complete recommended actions from the initial PHA's and from PHA
revalidations, identified by the process hazard analysis and selected for implementation
by the stationary source as follows: all actions not requiring a process shutdown shall
be completed within one year after submittal of the safety plan; all actions requiring a
process shutdown shall be completed during the first regularly scheduled turnaround of
the applicable process subsequent to one year after submittal of the safety plan unless
the stationary source demonstrates to the satisfaction of the.Department that such a
schedule is infeasible. For recommended actions not selected for implementation, the
stationary source shall include the justification for not implementing the
recommended action. For all covered processes, the stationary source shall retain
documentation of closure, and any associated justifications, of actions identified by the
process hazard analysis. The stationary source shall communicate the actions to
operating, maintenance, and other employees whose work assignments are in the
process and who may be affected by the recommendations or actions.
(e) Accident History. (1) The stationary source shall include an accident
history in the safety plan of all major chemical accidents or releases from June 1,
1992, through the date of safety plan submittal to the Department. For each major
chemical accident or release the stationary source shall report the following
information, to the extent known:
date, time and approximate duration of the release;
chemicals released;
estimated quantity released in pounds;
type; of release event and its source;
weather conditions at the time of the release;
on-site impacts;
known off-site impacts;
initiating event and contributing factors;
root cause(s);
ORD. 2006-22
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whether off-site responders were notified; and
operational or process changes that resulted from the investigation of the
release.
(2).The stationary source shall annually submit a report of the accident history
to.the Department. .The first report shall be due two years after the effective date of
this chapter, and subsequent reports shall be due.by June 30 of each year.
(f) Certification. .The owner or operator shall submit in the safety plan a single
certification that, to,the best of the signer's knowledge, information, and belief formed
after reasonable inquiry, the information submitted is true, accurate, and complete..
(g) Security and Vulnerability Assessment.. Each stationary source shall
perform and document a Security and Vulnerability Assessment as defined.in the
Contra Costa County CalARP Program Guidance Document, by June 30, 2007, and at
least once every five years after the initial assessment, or as prescribed by federal
regulation.. The Stationary Source shall document its process for assuring that
recommendations are addressed...
(h) Safety Culture Assessment. The stationary source shall conduct a Safety
Culture Assessment. The assessment shall be based upon a method listed in the Contra
Costa County CalARP Program Guidance.Document or shall be reviewed by the
Department to determine substantial equivalency.. The initial assessment shall be
performed by one year following the revisions to the Industrial Safety Ordinance
Guidance :Document that addresses the Safety Culture Assessment, and at least once
every five years thereafter.. The Safety Culture Assessment will be reviewed during the
audit and inspection of the Stationary Source. The.Department may perform its own
Safety Culture Assessment after an a Major Chemical Accident or Release or the
occurrence of any incident that could reasonably have led to a Major Chemical
Accident or Release, or based on Department audit results of the Stationary Source.
(Ords. 2006-22 §.5; 2000-20 § 1; 98-48 § 2.)
SECTION VI. Section 450-8.018.of the County Ordinance Code is amended to read:
450-8.018. Review, Audit, and Inspection. (a) Upon submission of a safety
plan by the stationary source, the Department shall review the safety plan to determine
if all the elements required by Section 450-8.016 are included and complete. The
Department shall provide to the stationary source a written notice of deficiencies, if
any. The stationary source shall have 60 calendar days from receipt of the notice of
deficiencies to make any corrections. The stationary source may request, in writing, a
one-time 30 day calendar day extension to correct deficiencies. By the end of the 60
calendar days or any extension period, the.stationary source shall resubmit the revised
safety plan to the Department. After the.Department determines that the safety plan is
complete, the Department shall schedule a public meeting on the stationary source's
ORD. 2006-22
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safety plan to explain its contents to the public and take public comments. .Public
comments on the safety plan shall be taken by the Department for a period of 45.days
after the safety plan is made available to.the public.. The Department shall schedule a
public meeting on the stationary source's safety plan during the 45-day comment
period...The public meetings shall be held in the affected community on evenings or
weekends. .The.Department shall respond in writing to all written comments received
during the 45-day comment period and to all oral comments received and not addressed
at the public meeting. The Department shall make portions of the Safety Plan, which
are not protected trade.secret information, available to the public for the public
meeting.
(b) (1) The Department shall, within one year of the submission of the
stationary source's safety plan, conduct an initial audit and inspection of the stationary
source's safety program to determine compliance with this Chapter. Based upon the
Department's review of the safety plan and the audit and inspection of the stationary
source, the Department may require,modifications or additions to the safety plan
submitted by the stationary source, or safety program to bring the safety plan or safety
program into compliance with the requirements of this Chapter. Any determination
that modifications or additions to the safety plan or safety program are required shall
be in writing, collectively referred to as the "preliminary determination." The
preliminary determination shall explain the basis for the modifications or additions
required to.bring the safety plan or safety program into compliance with the
requirements of this Chapter and provide a timetable for resolution of the
recommendations. .The preliminary determination shall be mailed to the stationary
source.
(2) The stationary source shall respond in writing to the preliminary
determination issued by the Department. The response shall state that the stationary
source will incorporate into.the safety plan or safety program the revisions contained
in the preliminary determination or shall state that the stationary source rejects the
revisions; in whole or in part. For each rejected revision, the stationary source shall
explain the basis for rejecting such revision.. Such explanation may include substitute
revisions.
(3) The stationary source's written response to the Department's preliminary
determination shall be received by the.Department within 90 days of the issuance of
the preliminary determination or such shorter time as the Department specifies in the
preliminary determination as being necessary to.protect public health and safety. Prior
to the written response being due and upon written request from the stationary source,
the Department may provide, in writing, additional time for the response to be
received.
(4) After receiving the written response from the stationary source, the
Department shall issue a public notice pursuant to the Department's Public
Participation Policy and make portions of the safety plan, the preliminary
ORD. 2006-22
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determination and the stationary source's responses, which are not protected trade
secret information, available for public.review. Public comments on the safety plan
shall be taken by the Department for a period of 45 days after the safety plan, the
preliminary determination and the stationary sources responses are made available to
the public...The Department shall schedule a public.meeting on the stationary. source's
safety plan during the 45 day comment period. The public meetings shall be.held in the
affected community on evenings or weekends. .The Department shall respond in writing
to.all written comments received during the 45-day comment period and to all oral
comments received and not addressed at the public meeting.
(c) Based upon the Department's preliminary determination, review of the
stationary sources responses and review of public comments on the safety plan, the
preliminary determination and the stationary source's responses, the Department may
require modifications or additions to the safety plan submitted by the stationary source
or safety program to bring the safety plan or safety program into compliance with the
requirements of this Chapter. Any determination that modifications or additions to the
safety plan or safety program are required, and any determination that no modifications
or additions to the safety plan or safety program are required shall be in writing
(collectively referred to as "final determination"), shall be mailed to the stationary
source and shall be made available to.the public. The Department may not include in a
final determination any requirements to a safety plan or safety program that would
cause a violation of, or conflict with, any state or federal law or regulation or a
violation of any permit or order issued by any state or federal agency.
(d) Within 30 days of the Department's final determination, the stationary
source and/or any person may appeal the final determination to the Board of
Supervisors pursuant to Chapter 14-4 by a verified written notice of appeal filed with
the Clerk of the Board of Supervisors and payment of the applicable appeal fee. The
appeal must be limited to issues raised during the public.comment period.. The notice
shall state the grounds for any such appeal, including (i) the reasoning that the appeal is
necessary because the stationary source is in compliance with this Chapter, or(ii) the
reasoning that the.appeal is necessary to bring the stationary source into.compliance
with this Chapter.. In acting on the appeal, the.Board shall have the same authority over
the final determination as the Department. The Board may require modifications or
additions to the safety plan or safety program to bring the safety plan or safety program
into compliance with the requirements of this Chapter. The Board may not include in
its decision on the final determination any requirements to a safety plan or safety
program that would cause a violation of, or conflict with, any state or federal law or
regulation or a violation of any permit or order issued by any state or federal agency.
The decision of the Board of Supervisors shall be final with respect to the final
determination.
(e) The safety plan shall be valid for a period of three years from the date of
receipt by the Department and shall be reviewed and updated by the stationary source
ORD. 2006-22
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every three years pursuant to the requirements of this ordinance. Any revisions to the
safety plan as a result of the review and update shall be submitted to the.Department
and shall be.subject to the provisions of this Section.
(f) The Department may, within 30 days of a major chemical accident or
release, initiate a safety inspection to review and audit the stationary source's
compliance with the provisions of Section 450-8.016.. The.Department shall review
and audit the stationary source's compliance with the provisions of Section 450-8.016
at least once.every three.years. The Department may audit the stationary source based
upon any of the following criteria: accident history of the stationary source, accident
history,of other stationary sources in the same industry, quantity of regulated
substances present at the.stationary source, location of the stationary source and its
proximity to the public and environmental receptors, the presence of specific regulated
substances, the hazards identified in the.safety plan, a plan for providing neutral and
random oversight, or a complaint from the stationary source's employee(s) or their
representative.. The stationary source shall allow the Department to conduct these
inspections and audits.. The Department, at its option, may select an outside consultant
to assist in conducting said inspection.
(g) Within 30 days of a major chemical accident or release.the Department may
commence an incident safety inspection with respect to the process involved in the
incident pursuant to.the provisions of Section 450-8.016 (c).
(h) (1) Based upon the Department's audit, safety inspection or an incident
inspection, the Department may require.modifications or additions to the safety plan
submitted by the stationary source or safety program to bring the safety plan or safety
program into compliance with the requirements of this chapter...Any determination by
the.Department shall be in writing and shall be mailed to the stationary source (referred
to as the notice of findings).. The.stationary source shall have 60 calendar days from
receipt of the notice of findings to make any corrections. The stationary source may
request, in writing, a one-time 30 day calendar day extension to make corrections. The
Department may not include in its notice.of findings requirements to a safety plan or
safety program that would cause a violation of, or conflict with, any state or federal law
or regulation or a violation of any permit or order issued by any state or federal agency..
The notice of findings made by the Department will be available to the public.
(2) Within 30.days of the Department's notice of findings, the stationary source
and/or any person may appeal the notice of findings to the Board of Supervisors
pursuant to.Chapter 14-4 by a verified written notice of appeal filed with the Clerk of
the Board of Supervisors and payment of the applicable appeal fee.. The appeal must
state the grounds for any such appeal, including (i) the reasoning that the appeal is
necessary because the stationary source is in compliance with this Chapter, or (ii) the
reasoning that the appeal is necessary to bring the stationary source into compliance
with this Chapter. In acting on the appeal, the Board shall have the. same authority over
the notice of findings as the Department. The Board may require modifications or
ORD. 2006-22
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additions to the safety plan or safety program to bring the safety plan or safety program
into compliance.with the requirements of this Chapter. The Board may not include in
its decision on the notice of findings any requirements to a safety plan or safety
program that would cause a violation of, or conflict with, any state or federal law or
regulation or a violation of any permit or order issued by any state or federal agency..
The decision of the.Board of Supervisors shall be final with respect to the notice.of
findings.
(i) Nothing in this section shall preclude, limit, or interfere in any way with the
authority of the. County to exercise its enforcement, investigatory, and information
gathering authorities under any other provision of law nor shall anything in the Chapter
effect or diminish the rights of the stationary source to claim legal privileges such as
attorney client privilege and/or work product with respect to information and/or
documents required to be submitted to or reviewed by the.Department.
(Ords. 2006-22 § 6; 98-48. §.2.)
SECTION VII. Section 450-8.030 of the County Ordinance Code is amended to read:
450-8.030 Annual Performance Review and Evaluation. (a) The
Department shall annually:.(1) review its activities to implement this Chapter, and (2)
evaluate the effectiveness of this Chapter in achieving its purpose and goals pursuant to
Section 450-8.004.
(b) An annual performance review and evaluation report shall be prepared by the
Department based upon the previous fiscal year's activities and shall be submitted to
the Board of Supervisors on or before October 31, 2000 and each year thereafter. The
report shall contain:
(1) A brief description of how the Department is meeting the requirements of
this Chapter as follows:.(i) effectiveness of the Department's program to ensure
stationary source compliance with this Chapter; (ii) effectiveness of the.procedures for
records management; (iii)number and type of audits and inspections conducted by the
Department pursuant to this Chapter; (iv) number of root cause analyses and/or
incident investigations conducted by the Department; (v) the Department's process for
public.participation; (vi) effectiveness of the public information bank, including status
of electronic accessibility; (vii) effectiveness of the Hazardous Materials
Ombudsperson; (viii) other required program elements necessary to implement and
manage this Chapter.
(2) A listing of all stationary sources covered by the Chapter, including for
each: (i) the status of the stationary source's safety plan and program; (ii) a summary of
all stationary source.safety plan updates and a listing of where the safety plans are
publicly available; (iii) the annual accident history report submitted by the stationary
source pursuant to Section 450-8.016(e)(2); (iv) a summary, including the status, of
any root cause analyses conducted or being conducted by the stationary source and
ORD. 2006-22
- 21 -
required by this Chapter, including the status of implementation of recommendations;
(v).a summary, including the status, of any audits, inspections, root cause analyses
and/or incident investigations conducted or being conducted by the Department
pursuant to this Chapter, including the status of implementation of recommendations;
(vi) description of inherently safer systems implemented by the stationary source; and
(vii) legal enforcement actions initiated by the Department, including administrative,
civil, and criminal actions pursuant to this Chapter.
(3).Total penalties assessed as a result of enforcement of this Chapter.
(4).Total fees, service charges, and other assessments collected specifically for
the support of this Chapter.
(5) Total personnel and personnel years utilized by the.jurisdiction to directly
implement or administer this Chapter.
(6).Comments from interested parties regarding the effectiveness of the local
program that raise public.safety issues.
(7) The.impact of the Chapter in improving industrial safety.
(c) The Department shall provide a copy of the annual performance.audit
submission required by Title 19 Chapter.4.5 Section 2780.5.of the California Code of
Regulations to the Board of Supervisors on or before October 31 of each year.
(Ords. 2006-22 § 7; 98-48 §.2.)
SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30.days after
passage, and within 15.days after passage, this ordinance or a summary of this
ordinance 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 , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:.John Cullen, Clerk
of the Board of Supervisors and
County Administrator
By:
Deputy Board Chair
LTF HAHAZMATIIND0RD\2006 amendments\final 2006-22.wpd [SEAL]
ORD. 2006-22
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