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HomeMy WebLinkAbout05 - Authorization to Become a Participating Agency with the Orange County Health Care Agency as Part of a Certified Unified Program AgencyTo: From: Subject: [3Y THE CITY COUNCIL CITY OF NE,\ RT PI ACEI AY 1 2 1997 Honorable Mayor, Members of the City-Cbiffi Timothy Riley, Fire and Marine Chief 7,/L_ ( 3 U May\12, 197 Council Agenda Item No. 5 Authorization to become a participating agency with the Orange County Health Care Agency as part of a Certified Unified Program Agency. RECOMMENDATION C a53) Accept the recommendation of the Public Safety Committee and approve a participating agency agreement with the Orange County Health Care Agency to implement specific programs under the Certified Unified Program Agency. BACKGROUND In 1994, Governor Wilson signed SB 1082 into law. This law requires certain hazardous materials regulatory programs to be administered under a Certified Unified Program Agency (CUPA). This means, in each community, there must be a single permit system, single coordinated inspection system, and a single fee system. The intent of the regulations was to combine activities and reduce the number of inspections and impacts on the business community. Six programs consolidated under this legislation were: tiered permitting of hazardous waste generators, underground storage tank permitting and inspection, aboveground storage tank spill prevention, hazardous materials lease response plans and inventories, acutely hazardous materials risk management prevention programs, and Uniform Fire Code hazardous materials management and inventory program. In March 1995, the City of Newport Beach entered into an agreement with Costa Mesa, Fountain Valley, and Huntington Beach to propose a single Certified Unified Program Agency as a Joint Powers Agency. This joint application was submitted to the California Environmental Protection Agency on December 8, 1995, for their consideration. On December 31, 1996, we were notified that our application was denied due to technical reasons and overlapping applications with the Orange County Health Care Agency. We jointly appealed the denial. On March 27,1997, we were notified of the final decision that our application was denied by the California Environmental Protection Agency. As a result of this denial, on April 28, 1997, a recommendation was forwarded to the Public Safety Committee to authorize the Fire and Marine Department to continue to manage th, e Hazardous Materials Disclosure Program and risk management planning in the City of Newport Beach. Fundamental to the emergency response efforts and capability of the Fire and Marine Department is accurate and timely information regarding all chemicals and the quantities within the community as well as the ability to intervene as future chemicals and processes are proposed in Newport Beach. Therefore, it is recommended that the City of Newport Beach continue to retain and provide disclosure services, fire code emergency response plan services, and risk management program plan services as a participating agency under the Orange County Health Care Agency CUPA. AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS This Agreement is made and entered into on this day of 199_, between the County of Orange, Health Care Agency, Environmental Health Division, hereinafter referred to as "County", and the City of Newport Beach, hereinafter referred to as the "City". Recitals WHEREAS, the Health and Safety Code, hereinafter referred to as "H&SC", Section 25404(c) mandates that the County establish a Unified Program to consolidate administration ofthe following requirements (collectively, "Program Elements"): . 6.5; A. The Hazardous Waste Generator Program, H&SC, Division 20, Chapter B. The Aboveground Storage Tank Program Spill Prevention Control and Countermeasure Plan requirements, H&SC, Division 20, Chapter 6.67, Section 25270.5(c); C. liiheUnderground Storage Tank Program, H&SC, Division 20, Chapter 6.7; D. Hazardous Material Release Response Plans and Inventory Program, HISSM, Division 20, Chapter 6.95, Article 1; E. 111a, Risk Management Prevention Plan Program, applicable to acutely hazardous materials, H&SC, Division 20, Chapter 6.95, Article 2; F. Vw Hazardous Materials Management Plan and the Hazardous Materials Ilnvtntory Statement requirements, Uniform Fire Code, Part 7; Article 80, . �Secfon 8001.3.2 and Section 8001.3.3, as adopted by the State Fire lVhal pursuant to H&SC Section 13143.9; and WHBR H&SC Section 25404.1(b)(1) requires that the County apply for state certification as a Certified Unified Program Agency (CUPA) to implement and operate the Unified Program iroughout the unincorporated area of the County and in all cities within the Countyithbtftwe not been certified as a CUPA; and WHEIREAJ the County has submitted an application to become a CUPA; and 'I, r-, WHEREAS, H&SC Section 25404.1(b)(3) authorizes the County to enter into formal agreements with other qualified public agencies to implement and enforce certain elements of the Unified Program as "Participating Agencies'; and WHEREAS, the County wishes to have the City implement and enforce the following requirements in all territory within the jurisdiction of the CITY: H&SC Division 20, Chapter 6.95, Articles 1 and 2; and Subdivisions (b) and (c) of Section 80.103 of the Uniform Fire Code, as adopted by the State Fire Marshal pursuant to Section 13143.9 of the H≻ and WHEREAS, the City is qualified and wishes to implement said requirements on behalf of the County. NOW, THEREFORE, the parties hereto mutually agree as follows: Agreement 1. Program Elements to be Administered by the County 6.5; The County, acting as the CUPA, shall administer the following program elements relating to the following facilities and operations in all territory within its jurisdiction. A. The Hazardous Waste Generator Program, H&SC, Division 20, Chapter B. The Aboveground Storage Tank Program Spill Prevention Control and Countermeasure Plan requirements, H&SC, Division 20, Chapter 6.67, Section 25270.5(c); C. The Underground Storage Tank Program, H&SC, Division 20, Chapter 6.7; 2. Program Elements to be Administered by the City The City, acting as a Participating Agency, shall administer the following program elements relating to the following facilities and operations in all territory within its jurisdiction: A. The Hazardous Material Release Response Plans and Inventory Program, pursuant to H&SC, Division 20, Chapter 6.95, Article 1; B AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 3 B. The Risk Management Prevention Plan Program, applicable to acutely hazardous materials, pursuant to H&SC, Division 20, Chapter 6.95, Article 2; C. The Hazardous Material Management Plan and the Hazardous Materials Inventory Statement requirements, pursuant to Uniform Fire Code, Part 7, Article 80, Section 8001.3.2 and Section 8001.3.3, as adopted by the State Fire Marshal pursuant to H&SC Section 13143.9, to the extent implemented by the City. 3. County's Obligations In accordance with H&SC Section 25404 et seq., and Title 27 of the California Code of Regulations Sections 15100 et seq., the County shall: A. Prepare and submit the application for CUPA certification to the State. B. Represent the City at meetings and public hearings involved in the application and certification process. C. Conduct, at a minimum, quarterly meetings of Participating Agencies for the purpose of establishing policies and procedures, resolving duplication and ulatory overlap issues, encouraging uniformity, and communicating enforcement actions, pursuant to 27 CCR 15180(a)(7). D. 'Establish and implement Single Section 25404.5(a) and 27 CCR following elements: Fee Billing System pursuant to H&SC 15210(a) and 15220, incorporating the fly,, Fees and surcharges in an amount to cover the necessary and reasonable costs incurred by the County and Participating Agencies in implementing the Unified Program, including the state surcharge. 1(2� Methods for the collection and accounting of fees and surcharges. (3) Policies and procedures for the adjustment of fees and assignment of lost funds due to nonpayment. E. laplement a Fee Accountability Program, pursuant to H&SC Section 25404.5(c) and 27 CCR 15210(b), to encourage efficient and cost effective gyration of the Unified Program and annually review such Program. AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 4 F. Collect fees for the City -administered program elements and disburse fees collected to the City within 45 days of collection, or as otherwise agreed to by the County and the City, pursuant to 27 CCR 15210(a)(4). G. Consolidate, coordinate and make consistent any local or regional regulations, ordinances, requirements or guidance documents related to the implementation of Program Elements in cooperation with the City, pursuant to H&SC Section 25404.2(a)(2). H. Develop and Implement a single, unified Inspection and Enforcement Plan in cooperation with the City and coordinate the Plan with inspection and enforcement programs of other federal, state, regional and local agencies, pursuant to H&SC Section 25404.2(a)(3) and (4). I. Establish and implement a Dispute Resolution Process designed to resolve problems pursuant to 27 CCR 15180(a)(4) and 15210(a)(9), and a process for formal appeals from dispute resolution decisions. J. Conduct an annual audit of the City performance, pursuant to 27 CCR 15280(a) and 15290(b), or as necessary to maintain the Unified Program standards. Guidelines for content and conduct of the audits shall be developed in cooperation with the City. K. Enter into a Program Improvement Agreement with the City, pursuant to 27 CCR 15180(a)(8)(D), if the City ceases to meet minimum qualifications or fails to implement its Program Elements. The Program Improvement Agreement shall specify the areas of improvement, minimum accomplishments necessary, and time frames which shall be met by the City. L. Establish procedures for removing or revoking Participating Agencies, containing, at a minimum: notice; a statement of causes; public comment; and appeal procedures, pursuant to H&SC Section 25404.3(d)(1)(13). The County shall comply with such procedures prior to notifying the Secretary of Cal -EPA that a Participating Agency no longer meets the minimum qualifications, or fails to implement the Program Element. V. AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 5 M. Comply with all statutory and regulatory requirements pursuant to H&SC Section 25404 et seq., and 27 CCR 15100 et seq. 4. The City's Obligations In accordance with H&SC Section 25404 et seq., and Title 27 of the California Code of Regulations Sections 15100 et seq., the City shall: A. Attend and participate in all scheduled meetings with the County. B. Maintain adequate resources to implement its Program Elements, pursuant to 27 CCR 15170(1)(2). C. Maintain training records and make training records available to the County upon request pursuant to 27 CCR 15180(a)(2). D. Institute procedures to respond to requests for information from the public, from government agencies, and from emergency responders, pursuant to 27 CCR 15180(a)(2)(D). E. Provide the County with all data required by the County to effectively manage the Unified Program The data and information shall be submitted in a timely manner and according to a frequency agreed upon by the County and the City. The method of submittal will be agreed upon by the County and the City. F. Cooperate with the County in the development and implementation of a Single Fee System and comply with all provisions in the System. G. Establish fees for Program Elements which reflect the necessary and reasonable costs of implementation, pursuant to 27 CCR 15230(a). H. Notify the County of the cost of Program Elements and fees, pursuant to 27 CCR 15210(a)(4) and 15230(b), within 30 days following a written request by the County. Receive fees collected by the County for City -administered programs and advise the County of any discrepancies within 30 days of receipt of the fees. Both parties will work towards resolving any discrepancies. AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 6 J. Determine any adjustment or waiver of fees that was erroneously charged or computed for City -administered programs, at the discretion of the City Council or as delegated. K. Cooperate with the County in the consolidation of any local or regional regulations, ordinances, requirements or guidance documents related to the implementation of Program Elements. L. Cooperate with the County in the development of a single, unified Inspection and Enforcement Plan and comply with all provisions in the Plan. M. Abide by the procedures established in the Dispute Resolution Process. N. Cooperate with the County in its annual audit of the Program Elements administered by the City. O. Enter into a Program Improvement Agreement with the County if the City ceases to meet minimum qualifications or fails to implement its Program Elements, pursuant to 27 CCR 15180(a)(8)(D). The Program Improvement Agreement shall specify the areas of improvement, minimum accomplishments necessary and time frames which the City must meet. P. Comply with all statutory and regulatory requirements pursuant to H&SC 25404 et seq. and 27 CCR 15100 et seq. 5. Indemnification A. The City shall indemnify and hold the County, its officers, agents and employees free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of the City, its officers, agents and employees, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on the County by the provisions of Section 895.2 of the Government Code and the City shall defend, at its own expense, including attorney's fees, the County, its officers, agents and employees in any legal action or claim of any kind based upon such alleged acts or omissions. B. The County shall indemnify and hold the City, its officers, agents and employees free and harmless from any claim or liability whatsoever, based 9 AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 7 or asserted upon any act or omission of the County, its officers, agents and employees, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code and the County shall defend, at its own expense, including attorney's fees, the City, its officers, agents and employees in any legal action or claim of any kind based upon such alleged acts or omissions. 6. Dispute Resolution In the event that a dispute arises between the County and the City, the following procedures will be followed in an effort to resolve the dispute. 1. The County and the City will meet and discuss the issues in an effort to resolve the dispute. Both agencies shall respond to dispute inquiries in an expeditious fashion. 2. If a satisfactory resolution cannot be reached, the County and the City will meet with representatives of Cal/EPA in an effort to resolve the dispute. 3. If the previous measures have been unsuccessful in resolving the dispute, each agency, will state their positions and recommended resolutions, in writing. The County will submit both positions, without revision, to Cal/EPA, following procedures established by Cal/EPA. The final decision of CaVEPA is binding on both agencies. 7. Termination of -Agreement Either party may terminate this Agreement by giving the other party six (6) months written notice and upon approval of the Secretary of Cal -EPA. 8. Amendments This Agreemnt sets forth the entire Agreement between the parties and any modificatiormust be in the form of a written amendment agreed to and signed by both parties. 9. SeverabDirity AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 8 Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, it will be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. 10. Notice All notices and other communications shall be in writing and shall be effective when deposited in the U.S. Mail, postage prepaid and addressed as follows: To the County: Director of Environmental Health Division Health Care Agency County of Orange 2009 E. Edinger Ave. Santa Ana, CA 92705 To CITY: Fire and Marine Chief City of Newport Beach 3300 Newport Blvd. Newport Beach, California, 92658-8915 A party shall notify the other party of any change in its address. ,o AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF NEWPORT BEACH BY: ATTEST: BY: Jan DeBay, Mayor DATED: LaVonne Harkless, City Clerk DATED: APPROVED AS TO FORM: CITY ATTORNEY BY: Robert Burnham, City Attorney DATED: COUNTY OF ORANGE BY: William Steiner DATED: Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: BY: Darlene J. Bloom DATED: Clerk of the Board of Supervisors of Orange County, Califomia APPROVED AS TOqHARM: COUNTY COUNSEIL It AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 10 BY: Laurence M. Watson County Counsel NEWPORT BEACHAGR/CUPAFORMS, 4/14/97 DATED: March 23, 1987 CITY OF ANAHEIM, CALIFORNIA 92803 Honorable Mayor/City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92662 Dear Mayor/City Council: THE HONORABLE CITY COUNCIL BEN BAY, Mayor MIRIAM KAYWOOD, Mayor Pro Tem IRV PICKLER, Councilman FRED HUNTER, Councilman M-TCE OF TH ".-!a _ 3 —� `S— �CQ/PIES SENT T0: E^]�� almen �Ma er rney ity Clerk ❑ Other ❑ O Y07r ' tu S (k�R 2� 19a7 r M ayot M Ott cm °tea hP On July 18, 1985, a general meeting was held of the interested cities who had responded to a letter from Charles Thompson, City Administrator, Huntington Beach, inviting all cities to attend a meeting regarding Hazardous Waste Management. Cities in attendance were Fullerton, Orange, Fountain Valley, Irvine, Santa Ana, Garden Grove, San Juan Capistrano, Brea, Anaheim, Newport Beach, and Huntington Beach. Charles Thompson had indicated that SCAG was forming a Southern California Hazardous Waste Management Authority which would develop guidelines and policies regarding hazardous waste for the whole region. He also indicated that each county would have a county representative and a city representative (selected by the Orange County Division of the League of California Cities). However, the City of Los Angeles and City of San Diego were given authority for a third representative on this Southern California Hazardous Waste Management Authority. Representatives from the cities in attendance voiced a concern over the fact that Los Angeles and San Diego could potentially have a larger voice on Hazardous Waste Management than Orange County. It was decided that those cities with mutual concern would form a Joint Powers Authority and seek its own representative on the Southern California Hazardous Waste Management Authority. On August 8, 1985, the interested cities met and decided that they would each contribute an equal share toward the $10,000 payment required for initial membership into the Southern California Hazardous Waste Management Authority. In addition, they would request assistance from Harriett Weider to receive an invitation to join the Hazardous Waste Management Authority. At that meeting, Iry Pickler was selected Chairman for the initial term, with Anaheim City staff providing the necessary support to the JPA. 200 South Anaheim Boulevard, P. O. Box 3222, (714) 999-5166 i F, The Southern California Hazardous Waste Management Authority at their meeting of April 24, 1986, extended an invitation to our JPA to become a full member of the Board. As such, they have now requested the $10,000 initiation fee from our JPA along with an executed copy of our agreement which has been forwarded to them. A fully executed copy of the agreement is attached for your City Clerk's records. A meeting of the JPA has been scheduled for Wednesday, April 8, at 9:00 a.m., in the 7th Floor, City Manager's Conference Room #2, at the Anaheim Civic Center. A part of the discussion will center around selecting an alternate for Iry Pickler to the Southern California Hazardous Waste Management Authority. I hope that you will be able to attend. If you have any questions please feel free to contact William Sell, at 999-5162. Si c e r e-ly-, IRV PI R Chairman Joint Powers Authority Enclosure cc: Anaheim City Manager/City Council Bob Dunek 502W/bh