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Home My WebLink AboutMINUTES - 05222007 - C.24 r L ,��.:...........oma TO: BOARD OF SUPERVISORS �/,� ,t�� Contra FROM: William Walker, M.D., Health Services Director o r vu _,4 rs Costa o By: Randall L. Sawyer, Hazardous Materials "` ;•� County Director °So, y ra coiiK'� 1 DATE: May 22, 2007 SUBJECT: Ordinance Repealing Ordinance Code Chapter 450-4 on Hazardous Waste Generators SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Introduce, waive reading and fix June 21, 2007 for adoption of Ordinance No. Repealing Ordinance Code Chapter 450-4, on Hazardous Waste Generators (Exhibit A). FISCAL IMPACT: None BACKGROUND: The Health Services Department recommends repealing Ordinance Code Chapter 450-4 on Hazardous Waste Generators, because its provisions are now preempted by State law. Since before 1989, the Health Services Department, Hazardous Materials Division (Division) has been enforcing State law on hazardous waste generators, in part pu!rAuant to amemo randum of CONTINUED ON ATTACHMENT:--YES SIGNATURE: __4,,�AECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA COMMITTEE /APPROVE OTHER SIGNATURE(S). r ��/ ACTION OF BO ON /-/ i °L°`y7� APPROVE AS RECOMMENDED �� OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED JOH LLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Randy Sawyer (646-2286_)_ CC: Hazardous Materials Program ,DEPUTY Health Services Dept (Contracts) BY: x Ordinance Repealing Ordinance Code Chapter 450-4 on Hazardous Waste Generators designation from the State. In 1989,the Board adopted Ordinance No.89-56,which added Chapter 450-4, Hazardous Waste Generators, to the County Ordinance Code. Chapter 450-4 (Exhibit B) codified the Division's authority, as an agent of the State, to enforce minimum standards and regulations controlling hazardous wastes adopted pursuant to the Health and Safety Code. Chapter 450-4 also authorized the County to establish and collect fees to support this program. In 1993, the Legislature enacted the "Unified Hazardous Waste and Hazardous Materials Management Regulatory Program" ("CUPA Statute"Y. (Stats. 1993, ch. 418, adding Health and Safety Code Chapter 6.11, § 25404 et seq.) This new program consolidated the administration and enforcement of pre-existing State programs, including the hazardous waste generator program. (Health and Safety Code § 25404(c).) Responsibility for implementing these programs fell on the Certified Unified Program Agency, or CUPA. (§ 25404(a)(1)(A).) Pursuant to this legislation, the County applied to become and was eventually certified by the State as the CUPA in Contra Costa County. As a result, the County continues to be responsible for enforcing state minimum standards and.regulations controlling hazardous waste generators, but now does so directly pursuant to the above-discussed CUPA Statute. The County's authority to assess fees to support this enforcement activity is similarly governed by the CUPA Statute. The County Counsel's Office has advised that Ordinance Code chapter 450-4 no longer has any force or effect, but at least one regulated business has claimed that it was confused by the fact that Chapter 450-4 has not been formally repealed. Because the CUPA Statute has now preempted Chapter 450-4, the Health Services Department recommends that it be repealed. Exhibits: A (Ordinance N646W- a B (Chapter 450-4) _ - _ - EXHIBIT A 1 _._. ORDINANCE NO. 2007- o2/� (REPEAL CHAPTER 450-4 ON HAZARDOUS WASTE GENERATORS) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Chapter 450-4 of the. County Ordinance Code, on Hazardous Waste Generators, added by Ordinance No. 89-56, is hereby repealed. SECTION II. EFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in, this County. PASSED on May 22, 2007 by the following;vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN CULLEN Clerk of the Board of Supervisors And County Administrator By: Deputy Clerk Board Chair s� L yti S�`9,COUIi'� J `, ', �XK�B�T B _.- Chapter 450-4 HAZARDOUS WASTE GENERATORS 450-4.002 Authority. 450-4.004 Definitions. 450-4.006 Area of application. 450-4.008 Administration. 450-4.010 Inspections. 450-4.012 Fees--Manner of payment. 450-4.014 Fees--Time of payment. 450-4.016 Fees--Failure to make timely payment--Penalty. 450-4.018 Fees. 450-4.002 Authority. This chapter is enacted pursuant to Health and Safety Code Sections 510, 25180 and 25185, and the Memorandum of Designation between the state of California and the county of Contra Costa, recognizing the authority of the county health officer, as an agent of the state, to enforce the minimum standards and regulations controlling hazardous wastes adopted pursuant to Health and Safety Code Section 25150 in Contra Costa County. (Ord. 89-56 § 5). 450-4.004 Definitions. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this chapter have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§25100 et seq.) and Chapter 30 of Division 4 of Title 22 of the California Code of Regulations. (b) "Hazardous waste generator" means any person, by site, whose act or process produces hazardous waste identified or listed in Article 9 or 11 of Chapter 30 of Division 4 of Title 22 of the California Code of Regulations, or whose act first causes hazardous waste to become subject to regulation, except that"hazardous waste generator" does not include persons required to pay a hazardous waste facility fee for that same individual subject pursuant to Health and Safety Code Section 25205.2, and does not include persons handling only hazardous waste produced incidental to owning and maintaining their own place of residence. (c)"Person" means an individual, trust, firm,joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership and association. "Person" also includes any city, county, district, commission, the state or any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (Ord. 89-56 § 5). 450-4.006 Area of application. Fees required by this chapter shall be required of hazardous waste generators within the unincorporated area of the county and within any city in which the county health officer enforces the statutes and regulations referenced in Section 450-4.002. (Ord. 89-56§ 5). 450-4.008 Administration. The county health officer is charged with the responsibility of administering and enforcing this chapter, and is authorized to promulgate rules or regulations consistent with and necessary for its efficient administration. (Ord. 89-56 § 5): 450-4.010 Inspections. Inspections of hazardous waste generators will be conducted to enforce minimum standards and regulations controlling hazardous waste and to assist in the minimization of hazardous waste. (Ord. 89-56 § 5). 450-4.012 Fees--Manner of payment. Every person who is a hazardous waste generator shall pay such inspection fee as is prescribed by the board of supervisors, on forms prescribed by the county health officer or designee. (Ord. 89-56 §5). 450-4.014 Fees--Time of payment. The fee imposed pursuant to Section 450-4.012 is due and payable annually on the date prescribed on the fee payment form. (Ord. 89-56 § 5). 450-4.016 Fees--Failure to make timely payment--Penalty. If the inspection fee is not paid to the county health officer or designee within the time prescribed for payment, a penalty of ten percent of the fee shall be added thereto for every month which the fee is delinquent, not to exceed a maximum penalty of thirty percent. (Ord. 89-56 § 5). 450-4.018 Fees. The board may, by ordinance and from time to time, prescribe inspection fees to be paid by hazardous waste generators. (Ord. 89-56§ 5).