HomeMy WebLinkAbout12/03/1996, C-12 - UNIFIED HAZARDOUS MATERIALS AND WASTE MANAGEMENT REGULATORY PROGRAM (CUPA) IMPLEMENTATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO counat °° Dab
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CITY OF SAN LUIS OBISPO
FROM: Robert F. Neumann, Fire Chief 90
Prepared By: Page Dougherty, Fire Marshal
SUBJECT- Unified Hazardous Materials and Waste Management Regulatory Program(CUPA)
Implementation Agreement With the County of San Lrds Obispo
CAO RECOMMENDATION
Approve an agreement with the County of San Luis Obispo for the implementation of the Unified
Program (CUPA) Element Requirements and authorize the Mayor to execute the agreement.
DISCUSSION
Senate Bill 1082 (Calderon), 1993, amended the Health and Safety Code and required the Secretary of
the California Environmental Protection Agency (CALEPA) to develop and implement a unified
hazardous waste and materials management regulation program. The program, ]mown as the Unified
Program, is managed by a Certified Unified Program Agency (CUPA), which is required to be certified
by January 1, 1997. The goal of the program is to establish one permit/fee and inspection for each
facility or business handling and /or storing hazardous materials. Currently, there is duplication of
inspections and multiple permits are required. This causes frustration for the 187 businesses operating
in the city that are affected by the legislation.
On October 22, 1996 the City Council approved the general request for conceptual consent of the County
being the CUPA with the City as a Participating Agency. On October 30, 1996, CalEPA certified the
County as the CUPA.
Staff has prepared an agreement (attached) between the City and the County for the implementation of
this program. The agreement includes: Program Elements to be Administered by the County and the
City, the Obligations of the County and the City, County Indemnification by the City, Dispute
Resolution, Termination of the.Agreement, Amendments, Severability, and Noticing Requirements.
With the agreement in place, staff can begin establishing the implementation plan for the Unified
Program. An advisory committee is being formed representing affected groups to provide input of those
groups affected by the Unified Program. The implementation date is targeted for January, 1998.
CONCURRENCE .
The City Attorney has reviewed the document to ensure the City's program elements and obligations are
appropriate.
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Agenda Report- Unified Hazardous Materials and Waste ,Management Regulatory Program
Page 2 ;R
FISCAL R"ACT
As approved in.the action taken on October 22, 1996, staff-will return to City Council in approximately
one-year with the fiscal. impacts of the program, and recommendations for implementation_
ATTACHMENT
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Agreement between the County of San Luis Obispo and .the. City of San Luis: Obispo -for .the
Implementation of the Unified Program Element Requirements..
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AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO
FOR IMPLEMENTATION OF THE
UNIFIED PROGRAM ELEMENT REQUIREMENTS
This Agreement is made and entered into on this day of ' 199
between the County of San Luis Obispo through its Health Agency, Environmental Health
Division, hereinafter referred to as "County", and the City of San Luis Obispo through its Fire
Department, hereinafter referred to as "City".
Recitals
WHEREAS, the Health and Safety Code, hereinafter referred to as"H&SC", Section
25404 et seq. 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 (COPA) 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
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 6.5,
H&SC, Division 20, Chapter 6.67 Section 25270.5(c), H&SC, Division 20, Chapter 6.7, H&SC,
Division 20, Chapter 6.95, Articles 1 and 2, and Uniform Fire Code, Part 7, Article 80, Section
8001.3.2 and Section 8001.3.3; and
S.L.O COUNTY AND S.L.O CITY AGREEMENT
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 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 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.
2. Program Elements to be Administered by the Citv
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 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.
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S.L.O COUNTY AND S.L.O CITY AGREEMENT
3. County's Obligations
In accordance with the 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 with the City 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 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.
(4) Standardize the Single Fee Billing System with the City.
E. In cooperation with the City, 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.
F. 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
254042(a)(2).
G. 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).
H. Establish and implement a Dispute Resolution Process designed to resolve
problems pursuant to 27 CCR 15180(a)(4) and section 25210(a)(9), and a
process for formal appeals from dispute resolution decisions.
I. 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.
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S.L.O COUNTY AND S.L.O CITY AGREEMENT
J. 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
the time frames which shall be met by the City.
K. 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 Elements.
L. Comply with all statutory and regulatory requirements pursuant to H&SC Section
25404 et seq., and 27 CCR 15100 et seq.
M. Establish and participate in the CUPA Advisory Board. The purpose of the
Advisory Board is to advise the Director of Environmental Health, serving as the
CUPA manager, on CUPA implementation issues.
N. Work cooperatively with fire agencies throughout San Luis Obispo County to
implement 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.
4. 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. 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 City 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.
(4) Standardize the Single Fee Billing System with the County.
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S.L.O COUNTY AND S.L.O CITY AGREEMENT
E. In cooperation with the City, 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.
F. 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).
G. 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.
H. Cooperate with the County in the development and implementation of a Single
Fee System and comply with all provisions in the System.
I. Establish fees for Program Elements which reflect the necessary and reasonable
costs of implementation, pursuant to 27 CCR 15230(a).
J. 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.
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 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.
Q. Participate in the CUPA Advisory Board.
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
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S.L.O COUNTY AND S.L.O CITY AGREEMENT
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 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.
A. 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.
B. 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.
C. 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 decision of Cal-EPA shall be binding
on both agencies.
7. Termination of Agreement
Either party may terminate this Agreement by giving the other party twelve (12) 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
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 postage prepaid
and addressed as follows:
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S.L.O COUNTY AND S.L.O CITY AGREEMENT
To the County: Director of Environmental Health Division
Health Agency
County of San Luis Obispo
2156 Sierra Way
San Luis Obispo, CA 93401
To the City: City Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
A party shall notify the other party of any change in its address.
In WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN LUIS OBISPO
BY: DATED:
Mayor
ATTEST:
BY: DATED:
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY:
B
DATED:1��
C AttOm y
COUNTY OF SAN LUIS OBISPO
BY: DATED:
Chairman, Board of Supervisors
ATTEST:
BY: DATED:
Clerk of the Board of Supervisors of
San Luis Obispo County, California
APPROVED AS TO FORM:
COUNTY COUNSEL
BY: DATED:
County Cousel
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