HomeMy WebLinkAboutRESOLUTIONS - 05081984 - 84-262 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 8 , 1984 , by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Office of Emergency Services Billing of Responsible Parties in County
Initiated Cleanup of Hazardous Material Spills
DATE: May 8, 1984
RESOLUTION 84/262
WHEREAS, the threat of a hazardous material release in Contra Costa County
may cause serious impact. to the citizens and/or the environment;
and,
WHEREAS, the Board desires to identify, notify and require the responsible
party for a hazardous material- incident to initiate cleanup, and,
WHEREAS, in the event the responsible party cannot be identified, or is
unable to pay, and the released material represents an immediate
threat to the community or the environment, the County
Environmental Health Officer will initiate cleanup; and
WHEREAS, the County Environmental Health Officer must be prepared to act
swiftly to protect the community's health and the environment and
the county must be assured the person(s) releasing a material
also take responsibility for cleaning up the site, and
WHEREAS, when the Environmental Health Officer must institute cleanup on
behalf of the responsible party and the responsible party must
reimburse the county and its support agencies for actual and
administrative costs incurred to remove and dispose of the
contaminated materials;
NOW THEREFORE BE IT RESOLVED the Environmental Health Officer, is
empowered to initiate cleanup and disposal of released materials, on
behalf of the responsible party, and
THEREFORE BE IT FURTHER RESOLVED the Office of Emergency Services is
authorized to initiate cost recovery procedures as outlined in the
attached OES Standard Operating Procedure Number 2.1.
t hw*by euft thst IAb Is a trw and corraeteepy of
an nedon taken and onterad on th9 mMuba of the
hoard of SuPOrvis/ryy On the data shorn.
ATTlSTEO:- /M
or
J.R. OLSSON, COUNTY CLERK
and ex offlClo Clerk of the Board
Bye �u�..J •...i•
. dip
Orig. Dept.: Office of Emergency Services
cc: Health Services Department (Environmental Health Division)
County Counsel
Sheriff Coroner
Public Works Department
Police Chiefs Association
Fire Chiefs Association
00 133
RESOLUTION 84/262
CONTRA COSTA COUNTY
OFFICE OF EMERGENCY SERVICES
STANDARD OPERATING PROCEDURE
DATE: 4/84 CATEGORY: NON-EMERGENCY No.2.1
TITLE: BILLING HAZARDOUS MATERIAL RESPONSIBLE PARTIES
Of a release of hazardous material in this county.
Upon notification, the initial response for all
concerned agencies is to contain the material and
return the environment to normal as soon as possible
with minimal injury to life and as little damage to
the environment as possible.
After this is done the principle concern to government
is the restoration of equipment and supplies to insure
the county is prepared in the event of another
materials release.
This protocol outlines the procedure county agencies
will follow in recovering the cost for cleaning up a
hazardous material incident.
DEFINITION: A spill will be classified in two recovery categories:
1 - Responsible party initiated cleanup
2 - Responsible party does not initiate cleanup
In a responsible party initiated cleanup all billing
by cleanup companies will be submitted directly to the
responsible party and payment will be made direct to
the cleanup company, the County Office of Emergency
Services will have no involvement.
If cleanup is initiated by the county, the following
outline is the billing procedure to be followed.
PROCEDURE: 1. After responding to a hazardous materials release
in Contra Costa County the Environmental Health
Officer will make every effort to identify the
responsible party.
2. The Environmental Health Officer (if time and
conditions permit) will allow the responsible
party to initiate cleanup procedures before
calling a cleanup company.
3. The Environmental Health Officer (if required to
initiate the cleanup) will instruct all cleanup
agencies to forward their total reimbursable cost
to the Director, Environmental Health within
fifteen (15) days after the incident.
00 134
CONTRA COSTA COUNTY
OFFICE OF EMERGENCY SERVICES
STANDARD OPERATING PROCEDURE
DATE: 4/84 CATEGORY: NON-EMERGENCY No.2.1
4. After receiving the bills the Director,
Environmental Health will submit, within five (5)
days, to the Director, Office of Emergency
Services (OES):
a - Name and address of the responsible party,
b - A complete responsible party form (if
.obtained),
c - All bills related to the specific incident.
5. Upon receipt, the Director, OES, will compile and
submit a total cleanup bill to the responsible
party within five days.
6. The responsible party will have thirty (30) days
to remit payment or question any charges.
7. If payment or a response is not received within
thirty days, a second billing will be mailed with
a fifteen (15) day response period.
8. If payment or a response is not received after
fifteen days the Director, Office of Emergency
Services will, in five days, submit to the
District Attorney:
a - A summary report of the Haz/Mat incident
including any citations and other state and/or
federal actions,
b - The total billing to date,
c - A recommendation for any fines be levied.
9. The District Attorney will fix whatever fines and
penalties deemed appropriate according to the
limits of the law.
10. All payments made prior to submission to the
District Attorney are to be submitted to:
Contra Costa County.
50 Glacier Drive
Martinez, CA. 94553
The Office of Emergency Services will disburse
reimbursement.
00 135
CONTRA COSTA COUNTY
OFFICE OF EMERGENCY SERVICES
STANDARD OPERATING PROCEDURE
DATE: 4/84 CATEGORY: NON-EMERGENCY No.2.1
11. If payment is received after a fine has been
levied by the District Attorney, payment must be
made according to procedure estabished by existing
law.
NOTE: The words spill and release are used synonymously.
APPROVED:
DATE:
OOS1S
00 136
I1 i
DATE:
TO: Contra Costa County, Director of Health Services
Regarding the following incident:
(a) Date:
(b) Time:
(c) Location:
3
(d) Description:
I hereby authorize the Contra Costa County Health Services Department
to be my agent for the purpose of engaging [e.g. , I. T.
Corp] (hereinafter referred to as "Removal Operator") to take
corrective action with respect to the above described incident.
I promise and agree:
(a) To sign any contract or other written authorization required by
Removal Operator;
(b) To pay the cost of the corrective action taken by Removal
Operator; and
(c) That the County of Contra Costa and the Contra Costa County
Health Services Department shall not be responsible for the costs of
Removal Operator's corrective action.
Dated: Name
Address
Phone
Signature
Witnessed by on
at
(signature of witness)
00 137