HomeMy WebLinkAbout12/06/1994, C-2 - UNIFIED HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT REGULATORY PROGRAM 1Q11 jj100jjU city of San lues OBISpo MEETING _.*TE: December 6, 1994
Illi% COUNCIL AGENDA REPORT Ca.
FROM: Bob Neumann, Fire Chief
SUBJECT: Unified Hazardous Waste and Hazardous Materials Management Regulatory Program
CAO RECOMMENDATION:
Authorize the Mayor to send a letter to the Secretary of the California Environmental Protection
Agency expressing the City's interest in applying to participate in the Unified Hazardous Waste and
Hazardous Materials Management Regulatory Program.
DISCUSSION:
In the 1993/94 legislative session, Senate Bill 1082 (Cauldron) was passed into law. This legislation
was directed at redefining and streamlining the inspection, permitting/fee structure of hazardous
materials and hazardous waste. Currently, a multitude of agencies, both at the local and State level,
inspect and charge a variety of fees at each separate business. This causes considerable difficulties
and overlap for many businesses and property owners. The law has defined a new unified
management regulatory program.
It should be noted that currently two departments within the City are involved in the regulation of
these materials. The Fire Department manages the underground storage tank and pipeline programs,
regulates hazardous materials in storage and use, as charged by the Uniform Fire Code, and
manages the hazardous materials business and risk management plans as required by State law. The
Utilities Department manages the Industrial Pretreatment Program, to ensure proper pretreatment
and regulation of industrial wastes which may or may not be discharged to the wastewater collection
system, as required under the provisions of the Clean Water Act and the Code of Federal
Regulations (40 CFR 403).
The new program is designed so that only one local agency will have the ability to regulate and
charge fees. The overall goal is to establish one permit/fee and inspection for each facility or
business handling or storing hazardous materials.
The State is requesting that local agencies that are interested in participating, notify them of their
intent by December 31, 1994. After notification, the City will have one year to make one of two
choices: 1) Consolidate the City/County Program and.bring it under City control or 2) Surrender
our regulatory authority to the County, who would be charged with the consolidation. Staff will
evaluate both and return to the Council with a recommendation. If no action is taken at this time,
the County of San Luis Obispo will automatically become the regulatory agency.
FISCAL IMPACT:
None at this time. Substantial increases or decreases to the current funding levels of these programs
is possible dependent upon the course of action that Council eventually decides. Significant
revenues are currently generated each year.
Annual Revenues Fire Department $41,082
Utilities $379200
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COUNCIL AGVOA REPORT
CONCURRENCE:_ -- - -The Fire Chief and.the Utilities Director concur that this unified program.is good legislation. They
will work together to formulate-a new program for Council's approval that will reduce the impact to
business owners that use and handle hazardous materials.
ATTACEMIENT:
Letter of Intent
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FIRE DEPARTMENT
748 Pismo Street • San Luis Obispo, CA 93401 • 805!781-7380
December 6, 1994
Mr. James Strock, Secretary
California Environmental Protection Agency
c/o Department of Toxic Substances Control
P.O. Box 806
Sacramento, CA 94812-0806
Re: Letter of Intent to Pursue an Application for CUPA Status
Dear Mr. Strock:
Currently, the City of San Luis Obispo is an administering agency, within its city limits, for
several of the programs outlined in SB1082. Those area are: Underground Storage
Tanks/Pipeline, Hazardous Materials Business Plans, Risk Management Plans, and Hazardous Waste
Pre-Treatment.
It is our intent to pursue an application to receive Certified Unified Program Agency (CUPA)
status as identified in the emergency regulations under Title 27, California Code of Regulations,
Division 1. This letter is intended to meet our obligation to make notification to the Secretary of
California Environmental Protection Agency by December 31, 1994.
By copy of this letter we are formally informing San Luis Obispo County Environmental
Health Department of our intent to apply as a Certified Unified Program Agency (CUPA).
If further information is necessary and for future correspondence, please notify Fire Chief
Bob Neumann, San Luis Obispo Fire Department, 748 Pismo Street, San Luis Obispo,
(805)-781-7380, immediately. This will enable us to meet the required timelines for notification.
Sincerely,
ALLEN SETTLE
Mayor
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