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Home My WebLink AboutC-2531(A) - Agreement for Implementation of Unified Program Element Requirementsn f� CaIEPA U California Environmental Protection Agency June 9, 2016 Ms. Liza Frias Interim Director Orange County Environmental Health 1241 E. Dyer Road, Suite 120 Santa Ana, California 92705-5611 Dear Ms. Frias: Edmund G. Brown Jr. Goovemor Matthew Rodriquez Secretary for &Yironmental Ptoectkn Certification Mail: 70151730 0001 0036 3700 The California Environmental Protection Agency (CaIEPA) has completed its review of the proposed changes to the Orange County Certified Unified Program Agency (COPA) program submitted April 26, 2016. The changes would expand the Unified Program within Orange County to include the program elements previously administered by the City of Newport Beach, as a Participating Agency. Based on evidence in our records, CaIEPA finds that the Orange County CUPA has an adequate program and can provide all staffing requirements, technical expertise, and resources necessary to assume responsibility for administering the Unified Program in the City of Newport Beach. This change helps to consolidate the administration of the Unified Program and ensure that it will be implemented in a more coordinated and consistent manner throughout Orange County. (See Health & Safety Code, § 25404, subd.(c).) The Orange County CUPA currently implements the Aboveground Petroleum Storage Act, California Accidental Release Prevention, hazardous waste generator, and underground storage tank program elements at 68 of the 225 facilities in the city and will take over the implementation of the business plan program element. The CUPA has demonstrated that it will be able to successfully add the additional program elements and 157 new facilities. Therefore, effective July 1, 2016, Orange County's existing CUPA certification is amended to remove the City of Newport Beach Fire Department as a Participating Agency. Thank you for your continued protection of public health and the environment. Should you have any questions, please contact Mr. Jim Bohon, Assistant Secretary for Local Program Coordination and Emergency Response, at (916) 322-7188 or James. Bohon(&,calepa.ca.gov. Sincerely, Matthew Rodriquez Secretary for Environmental Protection (See next page) u-ces Board - Department of Pesticide Regulation - Department of Resources Recycling and Recovery - Department of Toxic Substances Control Office of Environmental Health Hazard Assessment - State Water Resources Control Board - Regional Water Quality Control Boards 10011 Street, Sacramento, CA 95814 - P.O. Boz 2815, Sacramento, CA 95812 - (916) 323.2514 - www.calepaca.gov Ms. Liza Frias Page 2 cc: Ms. Christine Lane Program Manager Orange County Environmental Health 1241 E. Dyer Road, Suite 120 Santa Ana, California 92705-5611 --"*'Mr. Scott Poster Fire Chief Newport Beach Fire Department 100 Civic'Center Drive Newport Beach, California 92660-3267 Mr. Jim Bohon Assistant Secretary for Local Program Coordination and Emergency Response California Environmental Protection Agency Mr. John Paine Unified Program Manager California Environmental Protection Agency FIRST AMENDMENT TO AGREEMENT FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS BETWEEN COUNTY OF ORANGE AND CITY OF NEWPORT BEACH THIS FIRST AMENDMENT TO AGREEEMENT entered into this � day of 2005, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE HEALTH CARE AGENCY, ENVIRONMENTAL HEALTH DIVISION (COUNTY) and THE CITY OF NEWPORT BEACH (CITY), whereby the parties agree to amend that certain Agreement for the Implementation of Unified Program Element Requirements, dated June 24, 1997 (AGREEMENT). Section 1 of the AGREEMENT is 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; and D. The California Accidental Release Prevention Plan Program, H&SC, Division 20, Chapter 6.95, Article 2." 2. Section 2 of the AGREEMENT is 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; and B. The Hazardous Materials 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." In all other respects, the terms of the AGREEMENT not specifically changed by this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement, in the County of Orange, State of California. CITY OF NEWPORT BEACH C ATTEST: Tod W. Ri ew�y Ma o. LaVonne Harkless City Clerk APPROVED TO FORM: CITY AT4"O�Y BY: TITLE:( -:1,61 ryr COUNTY O BY: Supervisor Bill Campbell, Chairman Orange County Board of Supervisors Third District SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO , THE CHAI AN OF THE A o a BY: "Y Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: Aek EPUT DATED: DATED: ////S/() DATED: d� DATED: 3 l DATED: DATED: —e 4f AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH C— a 53 FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS This Agreement is made and entered into on this `� f day of 1992 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 of the following requirements (collectively, "Program Elements"): 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 Hazardous Material Release Response Plans and Inventory Program, H&SC, Division 20, Chapter 6.95, Article 1; E. The Risk Management Prevention Plan Program, applicable to acutely hazardous materials, H&SC, Division 20, Chapter 6.95, Article 2; F. The Hazardous Materials Management Plan and the Hazardous Materials Inventory Statement requirements, 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; and WHEREAS, 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 throughout the unincorporated area of the County and in all cities within the County that have not been certified as a CUPA; and WHEREAS, the County has submitted an application to become a CUPA; and AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 2 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&SC; 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 The County, acting as the COPA, 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; 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; 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 regulatory overlap issues, encouraging uniformity, and communicating enforcement actions, pursuant to 27 CCR 15180(a)(7). D. Establish and implement Single Fee Billing System pursuant to H&SC Section 25404.5(a) and 27 CCR 15210(a) and 15220, incorporating the following elements: (1) 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. (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. Implement a Fee Accountability Program, pursuant to H&SC Section 25404.5(c) and 27 CCR 15210(b), to encourage efficient and cost effective operation 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(x)(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)(B). 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. M. Comply with all statutory and regulatory requirements pursuant to H&SC Section 25404 et seq., and 27 CCR 15100 et seq. AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 5 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(x). 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 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. 0. 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 or asserted upon any act or omission of the County, its officers, agents and AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 7 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 Cal/EPA 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 Agreement sets forth the entire Agreement between the parties and any modifications must be in the form of a written amendment agreed to and signed by both parties. 9. Severability 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 AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Page 8 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. 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: DATED: 4 ? Jan DeBay, Ma r ATTEST: \ BY: %n v S( ATED:'( 3�l LaVonne Harkless,City Ciea�c APPROVED TO FORM: CITY ATTOR EY j BY:DATED: Robert Burnham, City Attorney COUNTY OF ORANGE JUN 2 41997 BY: 46 DATED: William Steiner Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: ATTESI BY: Qa4 Darlene J loom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: COUNTY COUNSEL BY: lr� I A4 Laur ce M. Watson County Counsel NEWPORT BEACH.AGR/CUPAFORMS, 4/14/97 DATED: JUN 2 41997 DATED: G