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HomeMy WebLinkAbout15 - Hazardous Materials Risk Management ProgramMarch 14, 2000 Council Agenda Item No. 15 To: Mayor and Members of the City Council From: Timothy Riley, Fire and Marine Chief Subject: Authorization to Transfer the Acutely Hazardous Materials Risk Management Program to the Orange County Health Care Agency as Part of a Certified Unified Program Agency RECOMMENDATION Amend our contract with the Orange County Health Care Agency to transfer responsibility for the risk management program to the County's 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 legislation was to combine activities and reduce the number of inspections and related impacts on the business community. Six programs consolidated under this legislation were: (1) tiered permitting of hazardous waste generators, (2) underground storage tank permitting and inspections, (3) aboveground storage tank spill prevention, (4) hazardous materials disclosure program, (5) acutely hazardous materials risk management prevention programs (RMP), and (6) Uniform Fire Code hazardous materials management and inventory programs. In May 1997, the Council, as a result of this legislation, approved a participating agency agreement with the Orange County Health Care Agency. This agreement authorized the Fire and Marine Department to continue to manage the hazardous materials disclosure program and RMP in the City of Newport Beach. The implementation of the hazardous materials disclosure program has been successful and currently over 150 businesses annually identify chemicals they store or use at their location. The Fire and Marine Department has also began implementation of the RMP by identifying businesses that qualify and are required to develop these plans as a result of the types and quantities of chemicals they handle. The City of Newport Beach currently has only three businesses that qualify to prepare RMP's, one being the water City's reservoir and treatment facility at Big Canyon. The development, preparation, and implementation of these RMP's is a highly technical, time consuming process and currently the Fire and Marine Department does not have the resources to participate in this process and properly implement the program. Fortunately, the County has, since becoming a Certified Unified Program Agency, obtained qualified staff to oversee several programs including the risk management program. Since 1997, most of the cities in Orange County have transferred responsibility for the risk management program to the Orange County Health Care Agency. COSTS OF THE PROGRAM Currently businesses requiring the preparation of an RMP pay for a subject matter consultant to participate in the planning process and certify completeness of the report. All costs for this process are paid for by the business. Under the County program, businesses will pay a basic charge and an hourly rate for Orange County staff to participate in the planning and inspection process. All of the costs for this program are passed to and paid by the affected businesses. The cost of the process should be reduced as a result of this action. In addition this will have no affect on City expenditures or revenues. CONCLUSION Based on current responsibilities and resources it is recommended the City transfer responsibility for administration for the risk management program to the Orange County Health Care Agency. The hazardous materials disclosure program will remain with the Fire and Marine Department. AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH FOR ADMINISTRATION OF THE UNIFIED PROGRAM ELEMENTS This amendment is entered into on this _ day of 2000, 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 ", with regards to the following: Recitals WHEREAS, the County and the City entered into an agreement on June 24,1997,( "the Agreement"), and WHEREAS, the Agreement provided that the City would do elements of the Health & Safety Code (H &SC) Division 20, Chapter 6.95, Articles 2, dealing with The California Accidental Release Prevention Plan Program, and WHEREAS, the City wishes to amend the agreement to have the County administer The California Accidental Release Prevention Plan Program. NOW, THEREFORE, the parties hereto mutually agree as follows: 1) Sectionl of the Agreement shall be amended to read as follows: Program Elements to be Administered by the County 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 6.5; 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; D. The California Accidental Release Prevention Plan Program, H &SC, Division 20, Chapter 6.95, Article 2. 2) Section 2 of the Agreement shall be amended to read as follows: 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. 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) Except as altered by this amendment to the Agreement all of the provisions and obligations, terms and conditions of the original Agreement remain the same, and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment. CITY OF BY: DATED: John Noyes, Mayor ATTEST: BY: DATED: LaVonne Harkless, City Clerk APPROVED AS TO FORM: CITY ATTORNEY BY. DATED: Robin Clauson, Assistant City Attorney COUNTY OF ORANGE L-IM Charles V. Smith Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: DATED: BY: DATED: Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: COUNTY COUNSEL Laurence M. Watson County Counsel NEWPORT BEACH CUPA.DOC DATED: