The URL can be used to link to this page

Home My WebLink About09 SB1082 1082 HAZ MAT 10-03-94 NO. 9 10-3-94 I nter-Com. DATE: OCTOBER 3, 1994 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COM~.UNITY DEVELOPMENT DEPARTMENT SB 1082 UNIFIED HAZARDOUS MATERIALS PROGRAM RECOMMENDATION: It is recommended that the City participate in a County of Orange administered Certified Unified Program Agency (C.U.P.A.) with the Orange County Fire Department designated as the administrator, subject to there not being any need for local funding participation. FISCAL IMPACT; This action is not anticipated to have any fiscal impact on City since the program will be totally funded by user fees. the BACKGROUND AND DISCUSSION Senate Bill (SB) 1082 requires the Secretary for Environmental Protection to adopt regulations and implement a unified hazardous materials and hazardous waste management regulatory program, which will consolidate the administration of specific statutory requirements for the regulation of hazardous wastes and materials. The "Unified Program" agency will implement a single permit, single fee and single inspection/enforcement program. The programs that are affected by SB 1082 are currently administered by the Orange County Fire and Orange County Health Care Agency. These programs include: Hazardous waste and tiered permitting enforcement programs; Underground storage tank permitting and inspection programs; 3. Above ground storage tank spill prevention; City Council Report SB1082 Unified Hazardous Materials Program October 3, 1994~ Page 2 4. Hazardous materials release response plans and inventories; Acutely hazardous materials risk management prevention program, and; Uniform Fire Code hazardous materials management plan and inventory program. Items 1-3 currently fall into the current authority of the Orange County Health Care Agency and Items 4-6 are the responsibility of the Orange County Fire Department. The legislation requires that cities and/or counties establish a Certified Unified Program Agency (C.U.P.A.) for implementation of the unified program. Upon establishment of the C.U.P.A., California E.P.A. will review the qualifications of the C.U.P.A. and certify it. California E.P.A. will also review the C.U.P.A.'s performance. The city has three options with regard to the C.U.P.A. requirement. These options are: Establish a local C.U.P.A. for the City of Tustin which would require a staff with specialized expertise, office space and an operating budget. Participate in a County C.U.P.A. with the ~Orange County Fire Department in charge. Participate in a County C.U.P.A. with the Orange County Health Care Agency in charge. The County Fire and Health Care Departments have requested that the City notify them of our preference as to who will be the C.U.P.A. for Tustin du~ing October of 1994. The City must also inform California EPA of our preference by December 31, 1994. Following examination of our options under SB 1082, it is recommended that the City elect to participate in a County C.U.P.A. with the Orange County Fire Department as administrator. The City currently contracts with the Orange County Fire Department. City staff and fire frequently interact on projects and issues, and the majority of the programs affected by SB 1086 currently are administered by the Orange County Fire Department. SB 1086 is to be funded entirely by user fees and, therefore, the City should not be exposed to any additional costs with regard to our fire City Council Report SB1082 Unified Hazardous Materials Program October 3, 1994 Page 3 contract. It is further recommended that the City notify the Orange County Health Care Agency and California EPA of our decision to participate in a County C.U.P.A. with the Orange County Fire Department as administrator subject to there not being a need for any local funding participation. CAS: kd: br\$b108Z, ccr SB 1082 Calderon) for Unified Itazardous Materials Program City Overview, 8-30-94 Le,sislafi ye Overview of SB 1082, effeclive 1-1-94: What is SB 1082 and why should cities care? What six ha?ardous materials programs will be unified? What is a CUPA and who can be one? What do CUPAs and Pm-ticipating Agencies do? What are the impacts to businesses and the community'?. What is meant by a "unified program'? What next? Progran~ Currently Administered bv the Health Care A~,encv: 1. Ha?ardous Waste and Tiered Permitting Programs 2. Underground Storage Tank Permitting and Inspection Programs 3. Aboveground Storage Tank Spill Prevention Plan (currently administered by regional water boards) Programs Currently Admini~ered by the Fire Deuartment: 4. Hazardous Materials Disclosure and Business Emergency Plans 5. Risk Management and Prevention Plans for Acutely Hn?nrdous Materials 6. Uniform Fire Code Ha?ardous Materials Management Plan and Inventory [UFC 80.103 (b) & (c)] Examples of New Haz Mat Regulatory A~,encies {CUPA/PA) · Examples · Questions SENATE BILL 1082 The bill will require the Secretary for Environmental Protection, by January 1, 1996, to adopt implementing regulations and implement a unified hazardous waste and hazardous materials management regulatory program, to consolidate the administration of specific statutory requirements for the regulation of hazardous wastes and materials. SB 1082 creates a "Unified Program" agency to implement: · SINGLE PERMIT system for all "Unified Program" elements · SINGLE INSPECTION & ENFORCEMENT program · SINGLE FEE system SB 1082 Concept Two Competing Goals: 1. Consolidate, Coordinate and make consistant. 2. Don't upset existing structures more than necessary Result: Large amount of flexibility Request for future Legislative proposals. INTENT OF LEGISLATION COMBINE REGULATORY AGENCIES REDUCE NUMBER OF INSPECTIONS REDUCE FEES/NUMBER OF BILLS 4 COORDINATION ~OF SEVERAL AGENCIES' EFFORTS O.C. FIRE CITY FIRE DEPARTMENTS O.C. HEALTH CARE AGENCY PROGRAMS AFFECTED BY SB 1082 HAZARDOUS MATERIALS Hazardous Waste & Tiered Permitting Enforcement Programs Underground Storage Tank Permitting and Inspection Programs · Aboveground Storage Tank Prevention Spill Hazardous Material Release Response Plans and Inventories Acutely Hazardous Materials Risk Management Prevention Program Uniform Fire Code's Hazardous Materials Management Plan & Inventory Program CURRENT ADMINISTRATION OF UNIFIED PROGRAM.ELEMENTS IN ORANGE COUNTY L RISDICTION HW GEN. TIERED UST AST ACUTE BUS. UFC PERMIT HAZMAT PLAN §80.103 RMPP HAZMAT (B) & OCHC^ X X X Unincorp. & A.tl Less 4 31 Cities cities OCFD X X X Un~ncorp. & 18 Contract Cities ANAHEIM X X X X BREA X X X COSTA MESA X X X FOUNTAIN X X X VALLEY F'ul. LERTON . · X X X X GARDEN GROVE X X X HUNTINGTON X X X BEACH LA HABRA X X X LAGUNA BEACH X X X NEWPORT X X X BEACH ORANGE X X X X SANTA ANA X X X X WESTMINSTER X X X REGIONAL X WATER BOARDS 7 CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) Develop and implement a program which consolidates all permits or other grants of authorization. "To the maximum extent feasible," consolidate, coordinate, and make consistent any local or regional regulations, ordinances, requirements, or guidance documents related to the regulation of hazardous waste or hazardous materials. 3. Develop and implement a single, unified inspection and enforcement program. e Coordinate the single inspection and enforcement program with other federal, state, regional and local agencies which affect facilities regulated by the unified program. 5. Responsible for establishing a single fee system for all of the programs. The Unified Program Requires That * Cal/EPA will certify the CUPA * Cal/EPA will review CUPAs performance periodically. * Cai/EPA and CUPAs will institute a fee a. ccountability program before ins~mting the single fee or state surcharge. WHO WILL BE THE CUPA? The County for unincorporated areas of the County and cities which have chosen not to be a CUPA. Shall apply to DTSC by January 1, 1996. Cities, or joint power agencies which are currently performing or are qualified to perform CUPA programs. Shall apply by December 31, 1995. *In addition: A city, county or joint powers agency may propose to allow other public agencies to implement certain elements of the unified program (Participating Agency). 10 CUPA COORDINATION WITH OTHER AGENCIES H&S Code, Section 25404.2 Each air quality management district or air pollution control district, each publicly owned treatment works, and each office, board, and department within the California Environmental Protection Agency, ~hall coordinate, to the maximum extent feasible, those aspects of its inspection and enforcement program which affect facilities regulated by the unified program with the inspection and enforcement programs of each certified unified program agency. 11 REDUCE FRAGMENTATION H&S Code, Section 25404.3 (B) The administration of the tmified program throughout the entire county in which the applicant agency is located will be less fragmented between jurisdictions, as compared to before January 1, 1994, with regard to the administration of provisions specified in subdivision (c) of Section 25404. 12 STATE SURCHARGE H&S Code, Section 25404.4 The single fee system instituted by each certified unified program agency shall include as assessment on' each person regulated by the unified program of a surcharge, the amount of which shall be' determined by the secretary annually, to cover the necessary and reasonable costs of state agencies in carrying out their responsibilities under this chapter. ADMINISTRATION AND CERTIFICATION The DTSC-will consider the following statutory requirements for the certification of a CUPA: 1. Adequacy of technical expertise 2. Adequacy of staff resources 3. Adequacy of budget resources and funding mechanisms 4. Training requirements 5. Past performance in implementing and enforcing 6. Recordkeeping and cost accounting systems 14