HomeMy WebLinkAbout01/19/1993, 4 - 1) DUPLICATION OF SERVICES, HAZARDOUS MATERIALS REGULATIONS 2) COST SAVINGS PROPOSALcity of san is osispo , �g Date: 1/19/93
i COUNCIL AGENDA REPORT
FROM: Bob Neumann, Fire Chief/g)
SUBJECT: 1) Duplication of Services, Hazardous Materials Regulations
2) Cost Savings Proposal
RECOND4EI\E TDATION:
Eliminate the Hazardous Materials Coordinator position in the Fire Department
(annual cost savings of $50,000 to the General Fund), and transfer partial hazardous
materials program responsibilities to the Utilities Department.
BACKGROUND:
Currently, the Fire Department, the Utilities Department and the County Department of
Environmental Health all conduct inspections of facilities which store, handle and use hazardous
materials. Although the purpose of these inspections vary, three different agencies are involved
with businesses which utilize these types of materials;
In 1983.- the Utilities Department began moving forward with the development of it's Industrial
Waste Inspection Program. This was in response to requirements of the Clean Water Act National
Pretreatment Program.
In 1986 - the Fire Department established its Hazardous Materials Management Program. This was
in response to a State mandated law (AB 2185), which required Counties and/or Cities to regulate
the storage and use of hazardous materials.
In July 1992 - the County Department of Environmental Health began inspecting businesses within
the City limits for the purposes of regulation of the storage and disposal of hazardous materials.
This was required by the Health and Safety Code Hazardous Waste Control law (H &S 25100-
25249).
A closer look at each agency and its inspection program is warranted;
Fine Department - conducts hazardous materials and underground storage tank inspections. These
inspections look at how hazardous materials are stored, handled and used, and ensures that
inventories of these materials (Business Plans) are maintained for emergency response purposes.
There are a 140 businesses who are covered under these inspections. Permit fees recover about
30% of the program costs. Initial development and implementation of this program required a
significant amount of work and effort. The program is up and running in more of a maintenance
mode. Additionally, Engine Companies conduct routine fire prevention inspections of over 3000
businesses and occupancies once every eighteen months.
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COUNCIL AGENDA REPORT
Utilities Department - conducts industrial waste inspections. These inspections determine how and
what types of hazardous materials/wastes are stored and disposed of into the sanitary sewer. Of
concern is the introduction of these materials into the waste water treatment system. During these
inspections, hazardous waste manifests are reviewed as well as operation and maintenance of
pretreatment equipment. In addition to these businesses which utilize hazardous materials,
restaurants and car- washes are also covered. There are 310 businesses within this program. Permit
fees recover about 40% of the program costs.
County Environmental Health Department - conducts waste generator inspections. Specifically,
these inspections track hazardous waste and how it is stored and disposed of There are
approximately 150 to 175 businesses within this .program.
DISCUSSION:
Businesses have become frustrated and confused as they are overwhelmed with multiple agency
inspections and fees. Duplication of services in some areas is quite clear. At a minimum, these
types of businesses are experiencing three to five inspections by different agencies and each of these
agencies require annual permits. The following table illustrates the fees and permits that a single
business which stores hazardous materials/waste is required to have:
Permit Agency Annual Fee
1. Fire Code Permits (various) Fire $35.00 - $90.00
Inspection once every
18 months.
2. Hazardous Materials Business Plan Fire $90.00 - $270.00
Inspection once every
3 years, annual inventories.
3. Underground Storage Tank(s) Fire $175.00 - $215.00
Inspection once every
3 years.
4. Small Quantity Waste Generator County Env. Health $75.00
1 - 2 inspections per year.
5. Industrial Waste Permit Utilities $65.00 to $680.00
1 - 4 inspections per year.
Since it is the City's policy to operate as efficiently as possible, alternatives that address cost savings
and duplication of services have been developed.
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ALTERNATIVES:
Alternative ail: Eliminate the Hazardous Materials Coordinator position and transfer partial
Hazardous Materials program responsibilities to Utilities Department.
Under this plan, the Utilities Industrial Waste Coordinator would perform the physical facility
inspections required for the Hazardous Materials program.
For the Utilities Department to absorb this work load, a plan will be developed to reduce Class I
business inspections in light of the more thorough Fire Department Business Plan inspections.
Utilities is also looking into developing a system of compliance incentives for businesses which can
demonstrate on -going compliance and knowledge of regulations. Upon incorporation of the Fire
Departments Hazardous Materials program into the Utilities Industrial Waste inspection program,
Utilities will attempt to negotiate an M.O.U. with the County regarding the duplication of hazardous
waste inspections.
Consistent with the City's Employee Working Group's recommendations on lay -off prevention, and
in compliance with the applicable City . Personnel Rules and Regulations, the Hazardous Materials
Coordinator will be eliminated and the employee who held this position will be transferred into an
existing vacant Firefighter position. The employee, Mike Smith, has five and a half years with the
City of San Luis Obispo. He has extensive experience in hazardous materials and a degree in
Environmental Management from Cal Poly. He has received considerable training that is particular
to the Fire Department's needs during his employment with the City and has been very beneficial in
guiding the department through the approval of a number of grants dealing with hazardous materials
training. He is considered to be an excellent employee and a very valuable asset to the Fire
Department. In his new capacity he will be able to assist the department with his highly specialized
skills.
Mike Smith, will be required to pass the department's physical fitness and agility examinations and
the standard psychological screening examination. To administer a written exam is not practical and
the employee has demonstrated more than acceptable basic knowledge and skills.
PRO: 1) Cost savings of approximately $50,000 to the Fire Department budget (General Fund),
through the elimination of the Hazardous Materials Coordinator position.
2) Fills a vacancy that currently exists within the Fire Department by a City employee and
avoids a layoff situation to the existing Hazardous Materials Coordinator.
3) Promotes efficient use of City personnel and resources by:
■ Incorporating existing Hazardous Materials Business Plan inspections with
existing Utilities Industrial Waste Inspections,
■ Integrating the Underground Tank inspections with the existing Fire Prevention
staff responsibilities.
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4) Permit fees received from the Hazardous Materials Business Plan and Underground
Tank programs would still provide a partial cost recovery to the Fire Department which
incurs considerable expense in providing emergency response capabilities specific to
these types of facilities.
5) Streamlining the inspection. procedures for these types of businesses enhances customer
service.
CON: 1) Existing Fire Department staff will be required to absorb a portion of the Hazardous
Materials Coordinator's responsibilities into its existing work -load. The half -time Fire
Prevention Secretary will be required to complete all the business plans and the
updating of the existing emergency response awareness plans that are provided by the
business plans now being done by the Hazardous Materials Coordinator. The
underground tank and pipeline programs will become the responsibility of an existing
Fire Prevention Inspector.
Alternative #2: Transfer the City's authority and responsibility to administer the Hazardous
Materials Program and the Underground Tank Program to the County.
PRO: 1) Cost savings of approximately $50,000 to the Fire Department budget (General Fund),
through the elimination of the Hazardous Materials Coordinator position.
CON: 1) Critical information for emergency response would be lost or antiquated.
2) The effectiveness of these programs would be lost. Three people currently administer
the Underground Tank, Hazardous Materials and Waste Generator programs for the
entire county.
3) Does not promote efficient use of City personnel and resources.
4) The fees for local businesses would increase. County fees for these programs are
currently higher than the City's.
Alternative #3: Maintain program as it currently exists.
PRO: No disruptions to practices and procedures in place.
CON: 1) Does not address the duplication of services issue and promotes the inefficient use of
City personnel and resources.
2) Does not take advantage of a cost savings alternative.
3) Continues over - inspection of local businesses.
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COUNCIL AGENDA REPORT
FISCAL EWPACT:
Eliminating the Hazardous Materials Coordinator position will amount to a cost savings of
approximately $50,000 to the Fire Department budget (General Fund). An additional savings would
also be realized by eliminating the vehicle which is currently assigned to this position (reduce Fire
Department fleet by one). Also, by maintaining the Hazardous Materials Business Plan and
Underground Tank program responsibilities within the Fire Department (Fire Prevention Bureau),
permit fees will continue to provide a partial cost recovery to the Fire Department. Finally, the
employee currently serving as the Hazardous Materials Coordinator will fill a vacant firefighter
position at no added cost, with the exception of minimal training, to the City.
CONCLUSION:
Upon reviewing this matter carefully, it is the recommendation of staff that we move forward with
Alternative #1. The City's Utilities Department will work with the Fire Department to insure that
critical information on the storage and use of hazardous materials will be transmitted and maintained
in accordance with State and Federal laws.
CONCURRENCES:
Both the Personnel Director and the Acting Utilities Director have been consulted on this matter and
have expressed their support for moving forward with Alternative #1.
As a matter of courtesy, this proposal was forwarded to the San Luis Obispo Firefighters
Association for their review and input. Based on the fact that this does not follow traditional hiring
practices, the Association does not, at this time, support this proposal. It is, however, in
accordance with the Personnel Rules and Regulations.
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