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HomeMy WebLinkAboutHazardous Materials - Ascon Review Consultant - Identified H ri REQUEST r OR CITY COUNCIL WTION Date November 7. 1988 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator/\�� Pre ared b James W. Palin Deputy Ci. Administrator P Y J P Y t APPROVED BY CITY U Subject: ASCON REVIEW CONSULTANT ©N If /nc- 19....... (, Consistent with Council Policy? 1K] Yes [ ] IPW nfigX or-Excpptiorry, Rex Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE• ASCON Properties has retained the firm of Radian Corporation to prepare a remediation plan for the ASCON hazardous waste site. The City Council has directed staff to retain an independent consultant to review Radian' s work and advise the City regarding the adequacy and feasibility of that work. Staff is recommending that the consulting firm of, Woodward-Clyde be retained by the City to provide that independent third-party review. RECOMMENDATION' At Authorize staff to prepare a contract to hire Woodward-Clyde to ,. =r provide review of Radian' s work and advise the City. ANALYSIS• Pursuant to Council ' s direction to hire a consultant to conduct an independent third-party review of Radian' s work, a request for Statement of Qualifications and fee schedule was distributed. The request was sent to eight Southern California firms which specialize in . hazardous waste remediation. Six of the eight firms responded to the request by su*itting packages detailing their experience, expertise and their fee structures . Staff interviewed all six consultants and contacted references . The six consulting firms were the following: 1. BCL Associates 2 . Dames & Moore 3 . Envirosphere Company 4 . International Technology Corporation 5 . James Montgomery Engineers 6 . Woodward-Clyde Consultants `% Y.IYO PIO 5/85 After evaluating all of the applicants, staff feels that Woodward-Clyde offers the best combination of experience, expertise, project approach, accessibility and price. They are located in Santa Ana, have prepared site remediation plans as well as conducted third-party independent reviews for municipal governments, and have a reasonable fee schedule. References contacted have indicated great satisfaction with their work. With Council ' s authorization, staff will prepare a contract to hire Woodward-Clyde on a retainer basis to provide ongoing review and advice. FUNDING SOURCE: ASCON Properties will be billed for the work conducted for the City by Woodward-Clyde. A bond will be submitted by ASCON Properties to guarantee payment. ALTERNATIVE ACTIONS: The Council may direct staff to reconsider any of the other five firms which submitted bids or may direct staff to readvertise the project. ATTACHMENT 1. Request for Statement of Qualifications JWP:HS:gbm RCA - 11/7/88 -2- (1522d) i r , City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 L(:nl; DEPARTMENT OF COMMUNITY DEVELOPMENT Building Division 536-5241 Planning Division 536-5271 August 26, 1988 Dear The City of Huntington Beach is soliciting bids from qualified firms to advise the City on matters regarding the private cleanup of the Ascon Landfill, a hazardous waste site within the City. The landfill site is included on the State's Superfund list. However due to its low priority on the Superfund list, public funding to help remediate the site is currently unavailable. Consequently, the landowner, Ascon Properties, Inc. proposes to initiate remediation of the site themselves, rather than wait for public monies. Ascon, Inc. has contracted with Radian Corporation of Sacramento to perform the necessary tasks to remediate the site. Radian has prepared a draft work plan to conduct a remedial investigation and feasibility study of the site, and is expected to commence the site characterization study this week. Radian will prepare a remediation plan for the site with various alternatives based on the results of the site characterization study. The remediation plan will then be submitted to the City and the appropriate State agencies for review and approval. The eventual remediation of the site will require, at minimum, a conditional use permit (CUP) to be issued by the City. The CUP will be based upon the information contained in the remediation plan. Because of the technical complexity of remediating the site, and the City's sensitivity to the potential liabilities associated with the site, the City Council has directed staff to hire an outside consultant to review all documents prepared by Radian Corporation and advise Council and staff as to their adequacy. We understand that your firm may have the expertise to advise the City on this matter. If so, we are requesting that you submit your firm's qualifications to us, along with a fee schedule as to how you might charge the City to review Radian's already prepared work plan for site characterization, and their forthcoming remediation plan. Please submit your information to the City by no later than Wednesday, September 14. Depending upon the qualifications of your firm, interviews are expected to be held on Tuesday, September 20. (You will be appropriately notified.) (1207d) r •1 August 26, 1988 Page 2 of 2 For your information, attached is a locational map of the landfill site, a brief description of the background and history of the Ascon site, and a copy of a newsletter recently circulated by Ascon, Inc. and Radian. If you should have any questions regarding this bid request or the landfill site in general, please call me at (714) 536-5271. Sincerely, Hal Simmons Senior Planner HS:gbm xc: James Palin Attachments (1207d) Senate Bill No. 4,56 C:?-U `TER 13 6v arric:iu S2C�un 32Go".i Of, to aea Sec�OII 3251.5 t0, and t0 add Chaoter 7 (commencing with Section 3830) to Division 3 of, the Public Resources CJrle, relating to oil and gas. (Approved by Qverncr September 29, 1987. Fled wiLli Soc:acary of State Sepcamber 23, 1987.1 LECISLLTIVE COUNSELIS DIC= SB 436, Bergeson. Oil and gas wells. (1) Under existing law, the State Oil and Gas Supervisor is authorized to order inspection or tests, abandonment, reabandon=ent, or ohher operations on hazardous and certain idle-dese=ed oil a^_d gas we—;Is' as de y.er,and to ex—pend funds from c arges levied cn pr cduce:-,cf ail and gas,as pre:cubed for p=cses of abating those nuisances. .This bill would, with specified exceptions, include as a hazardous well for those purposes, a well which has been determined by the supervisor to pose a present danger to life, health, or natural resources and has been abandoned in accordance with the applicable requirements 13 or more years_before the date of the supervisor's determination that it poses such a danger. (2) Under e.-d.sting law, the supervisor is authorized to order the reabandonment of any previously abandoned well when the future construction of any structure over or in the proximity of the well could result in a hazard and the cost of the reabandonment operations is the responsibility of the owner of the property upon which the structure will be located, except that these provisions do not preclude application of the provisions relating to abatement of hazardous wells and idle-deserted wells. This bill would make the provisions relating to hazardous and idle-deserted wells inapplicable to remedy any problem posing a danger to We,health,or property from a previously abandoned well where construction of any structure over or in the proximity of the well is begun after January 1,-1988, and the property owner, developer, or local agency permitting the construction failed to. obtain an opinion from the supervisor as to whether the previously abandoned well must be reabandoned. The bill would prescribe related matters. (3) Existing law requires the supervisor to conduct a study of abandoned oil and gas wells located in areas with substantial potential for accumulation of methane and other hazardous gas in. order to determine the location,the extent of methane gas and other hazardous gas accumulations, and potential hazards from the wells. This bill would authorize the Director of Conservation to award Ch. 1022 -2- grants to eligible jurisdictions, as defined, for purposes of planning, equipment purchases,installation, and other measures related to the mitigation of methane gas hazards, as identified in the study,subject to prescribed procedures and requirements. The bill would create the Methane Gas Hazard Reduction Account in the General Fund and would transfer$100,000 to the account from the Soecial Account for Capital Outlay,in the General Fund. Tne people of the State of California do enact as follows. SECTION 1. Section 3208.1 of the Public Resources Code is amended to read: 3208.1. (a) To prevent, as fax as possible, damage to life, health, and property, the supervisor may order the,reabandonment of any previousiv abandoned well when the future construction of any structure over or.in the proximity of the well could result in a hazard. Cost of reabandonment operations shall,be the responsibility of the owner of the properly upon which the structure will be located. However, if the well was not abandoned in accordance %vith the recuirements'of the division in effect at the time of the abandonment and the Last operator having an economic interest in or receivin;;any . benefit from the well is still in business in this state, that operator shall be responsible. (b) This section does not preclude the application of Article 4.2 (commencing with Section 3250). However, that article shall not apply to remedy any problem posing a danger to life, health, or . property fiom a previously abandoned well where.cons ttuc tion of any structure over or in the proximity of the well is begun on or after January 1, 1986, and the property owner, developer, or local agency permitting the construction failed to obtain an opinion from the supervisor as to whether the previously abandoned well must be " reabandoned. In those situations, responsibility for correcting problems posing a danger to life, health, or property from the previously abandoned well shall-rest with the developer or the owner of the property•at the time of construction, unless that developer or owner is deceased;defunct,or no longer in business in or a resident of this state. Furthermore, Article 4.2.(commencing with Section 3250) shall not apply to remedy any problems posing danger to life, health, or property, if the supervisor Finds, from . evidence obtained by or made available to the supervisor, that (1) after the well was properly abandoned, development of the surface of the property on which the well is located by someone other than the operator or an affiliate of the operator of the property on which the well is located likely disturbed the integrity of the abandonment, and (2) the supervisor can identify the party or parties responsible for disturbing the integrity of the abandonment. SEC. 2. Section 3251.5 is added to the Public Resources Code, to read: -3— Ch. 132121 3251.5. (a) Notwitlistanding Section 3251,a well shall be deemed a hazardous well if it has been determined by the supervisor to pose a present danger to life, health, or natural resources and has been abandoned in accordance with Ehe requirerne::ts or the division in effect at the time of the abandonment 15 or more years before the date of the supervisor's deter-rrunation that it poses such a danger. (b) Reabandonment initiated by the supervisor shall not be affected by the timeline established in this section. SEC. 3. Chapter 7 (commencing with Section 3830) is added to Division 3 of the Public Resources.Code, to read: CMU=z:R T. 'YfT_-_x- GAS >r•�za.Ins R=E U=0N a�icle 1. General Provisions 38-:0. This chapter shall be known and may be cited as the Methane Gas Hazards Reduction Act. 3831: The 'Legislature finds and declares that methane gas hazards,as identified in the study conducted pursuant to Chapter 4.1 (commencing with Section 3240) of Chanter 1, are a clear and present threat.to public health and-safety. 3852. The Legislature further finds and declares that, due to the cost and complexity of methane hazard mitigations,property owners and local -overrnments are often unable to mitigate these hazards. 3853. The LegisIature further finds and declares, therefore, that it is essential that the state, in cooperation with local governments, provide funds to mitigate many of the state's methane gas hazards. Article 2. Definitions 3835. As used in this chapter. (a) -Methane. gas.hazards'•-means collections..of biogenic or thermogenic gases identified as-hazards in the study conducted by the supervisor pursuant to Ar+-;cle 4.1 (commencing with Section ua.zV� Vt valaUlC1 1. .(b) "Eligible jurisdictions"means counties and cities identified as having methane gas hazards in the study conducted by the supervisor pursuant to Article 4.1 (commencing with Section 3240) of Chapter 1. Article 3. Methane Gas Hazards Reduction Assistance 3860. The director may award grants to eligible jurisdictions for purposes of planning, equipment purchases, installation, and other measures related to the mitigation of methane gas hazards.Ongoing maintenance and monitoring activities shall not be financed by grants pursuant to this chapter. 3851. Prior to receiving grants under this chapter, each eligible ) i Ch. 1322 —4 jurisdiction shall submit a report to the director describing ho%v the funds are to be expended. Before submitting the report,each eligible jurisdiction shall provide opportunities for the public to review and comment on the report,and shall hold at least one public hearing on the report. - 38621. Prior to receiving any grants pursuant to this chapter, an eligible jurisdiction shall do all of the following: (a) Implement a zoning ordinance for areas containing inethane gas hazards that establishes a methane gas hazard overlay and provides mandatory studies and mitigations for new construction within the overlay zones. (b) Revise the safety element of the city or county general plan to illustrate the methane gas hazard areas and establish mitigative policies. (c) Prepare a .methane gas hazard mitigation plan, which provides strategies and mitigations for reducing existing methane gas hazards and for avoiding further hazards due to new construction.The plans shall be consistent with the grant report, the zoning ordinance, and the general plan safety element. 3863. The department shall adopt rules and regulations implementing the grant program authorized by this chapter. Article 4. Methane Ga_s Hazard Reduction Account 3863. The Methane Gas Hazard Reduction Account in the General Fund is hereby created.The moneys in the account shall be available for purposes of this chapter upon appropriation therefor by the Legislature. SEC. 4. The suin of five hundred thousand dollars (S500,000) is hereby transferred from the Special Account for Capital Outlay in the General Fund to the Methane Gas Hazard Reduction Account. - CALIFORNIA CODE OF REGULATIONS TITLE 14 DIVISION 2 Chapter 4 Adopt Subchapter 2.1 of Chapter 4 to read as follows: SUBCHAPTER 2.1. METHANE GAS HAZARDS REDUCTION ASSISTANCE 1790. Purpose This article specifies the criteria and procedures to be followed by the Department of Conservation in administering the Methane Gas Hazards Reduction Program for Eligible Jurisdictions under Section 3860 of the Public Resources Code. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3860, Public Resources Code. 1791. Definitions a. 'CEQA' means the California Environmental Quality Act. b. 'Department' in reference to the government of this State, means the Department of Conservation in the Resources Agency. c. 'Director' means the Director of Conservation. d. 'Eligible Activity' means any one of the four purposes listed in Section 3860 of the Public Resources Code. e. 'Eligible Jurisdiction' per Section 3855(b) of the Public Resources Code means counties and cities identified as having methane gas hazards in the study conducted by the State Oil and Gas Supervisor -pursuant to Article 4.1 commencing with Section 3240 of the Public Resources Code. f. "Final Application" means the application that is filed after all requirements in Section 1796 of the California Code of Regulations have been met. This application will be used to release the grant award. g. "Notice of Intent to File' means a brief project description and an estimate of the anticipated project expenditures to be covered by a grant award. This notice will be used by the Director to determine the number of_ jurisdictions that plan to request a grant award and the equitable amount of grant monies that ultimately may be applied for by each eligible jurisdiction. h. 'Methane Gas Hazards' per Section 3855(a) of the Public Resources Code means collections of biogenic or thermogenic gases identified as hazards in the study conducted by the State Oil and Gas Supervisor pursuant to Article 4.1 (commencing with Section 3240 of the Public Resources Code) . -2— i. 'Mitigation Project' is an eligible activity that identifies the potential adverse-impact of accumulations of methane gas and implements measures to reduce or eliminate those impacts. j. 'Preapplication' means a report that contains a detailed project preapplication as described in Section 1793(e) . This preapplication will be used by the Director to evaluate project proposals and the amount of monies that will be granted in the award(s) . NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Sections 3240, 3855, 3860, and 3865, Public Resources Code. 1792. ' Amount of Financial Assistance Available a. The Department shall distribute approximately three hundred and fifty thousand dollars (�350,000) in the 1988-89 fiscal year as grant awards for planning, equipment purchases, installation, and other measures related to the mitigation of methane gas hazards. Ongoing maintenance and monitoring activities of eligible jurisdictions shall not be financed by grants pursuant to Section 3860 of the Public Resources Code. b. The amount of the initial grant monies available for each eligible jurisdiction shall be determined by the Director, following a review of the notices of intent to file grant applications. After reviewing the notices, each jurisdiction will be notified by the Director of the approximate amount available for their proposed activity. c. Any funds distributed after the initial award shall be based upon the availability of remaining funds_ and a demonstration of the need for additional funds to .augment .an initial award, or to begin a new activity. NOTE: Authority cited: - Section 3863, Public Resources Code. Reference: Section 3860, Public Resources Code. 1793. Application and Award Procedures a. A notice of •intent to file an application shall be submitted to the Director no later than 30 days after a jurisdiction is notified by-- the Department that they are an Eligible Jurisdiction. The notice of intent to file should include a brief project description and an estimate of the anticipated expenditures to be covered by a grant award. b. Per Section 3861 of the Public Resources Code, eligible jurisdictions must provide opportunity for public review and comment, and shall hold at least one public hearing in regard to how the funds are to be expended. The hearing shall be held within 90 days after a jurisdiction is notified that they are an eligible jurisdiction. -3- c. Eligible jurisdictions shall submit a preapplication to the Director within-30 days after the public hearing. The preapplication shall provide information indicated in Section 1793(e) and a description of. how the grant award is to be expended. Also, the jurisdiction shall submit a copy of any public comments received regarding the preapplication and the .jurisdiction's response to the public comments. d. The decision to award grants for the purposes set forth in Section _ 3860 of the Public Resources Code will be based upon information included in the preapplication. However, prior to receiving grant money for any expenditures from the Department, the conditions of _ Sections 3861 and 3862 of the Public Resources Code must be completed. Evidence of the completion must be included in the final grant application. e. The preapplication shall include: (1) Name, mailing address, and phone numbers of the project director, the budget officer, and the project manager. (2) A detailed project narrative that includes: (A) A detailed project description, including the problem to be solved and an explanation of how the funds are to be used to solve or mitigate the problem. (B) The anticipated effect of the project on mitigating the methane gas hazard in the area. (C) The expected benefits to the jurisdiction. i (D) Budget (including other funding sources investigated or secured for the project) . The budget should include estimates for direct and indirect expenses. (E) A work statement describing tasks and products. (F) A project schedule to present the relationship between work tasks and the amount of time required for the work to be completed. (G) An identification of applicable laws and regulations, including CEQA, that may affect the project. (H) Related activities undertaken, if any. • (I) Any other information that may be relevant. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Sections 3861, 3862, and 3863, Public Resources Code. -4- 1794'. Preapplication Criteria. -. % .. - The following criteria will be considered in evaluating grant applications: a. Urgency of need. b. Consistency with the purposes and allowable activities. c. Cost effectiveness. d. Extent to which the requested grant amount is used to leverage other funding sources. e. Availability of alternative sources of funding. f. Likelihood that the project objectives will be achieved. g. Evidence of compliance with CEQA and other applicable laws and regulations. h. Other overriding factors not reflected in the above criteria. NOTE: Authority cited: Section 3863, Public Reources Code. Reference: Section 3863, Public Resources Code. 1795. Preapplication Review a. The staff of the Department of Conservation shall review preapplications within 60 days of receipt of a complete preapplication. The Department shall provide written comments addressing the adequacy of the submitted information. The preapplication shall be deemed complete when the preapplication is considered by the Department to be adequate for evaluation purposes. b. An applicant may request a meeting to discuss staff comments concerning the staff review. c. Notification of grant awards or denials will be made following completion of staff review by the Director of* the Department of Conservation. Even though a jurisdiction is notified that they will receive a grant, payment of the grant monies cannot be made until all conditions of the Methane Gas Hazards Reduction Act have been fulfilled to the satisfaction of the Director and the final application has been filed with the Department. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Sections 3861 and 3863, Public Resources Code. -5- 1796. Final Application Requirements The final application shall include: a. Evidence that the items required by Subsections (a) , (b) , and (c) of Section 3862 have been completed. b. A resolution or notification from the eligible jurisdiction's, governing body authorizing the request for the grant award. c: Evidence of compliance with CEQA requirements, if needed. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code. 1797. Fiscal Requirements for Grants a. The grantee shall establish a separate ledger account for expenditures that will be paid or are expected to be paid by grant funds. This will provide separate accountability for grant activities, ensure that expenditures to be paid by grant funds are not commingled with other funds, and feature accounting records that are supported by source documents. b. Financial reports to the Department shall be submitted on a semi-annual basis. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code. 1798. General Information a. All correspondence, notices of public hearings, notices of intent, preapplications, final applications, and financial reports shall be submitted to the Department -of Conservation in Sacramento and to the Division of Oil and Gas in Long Beach. The addresses will be provided when a jurisdiction is notified of their eligibility to receive a grant award. b. Extensions of time periods indicated in this subchapter may be granted upon the showing of good cause. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code. (1187A/0075A) J• > CITY OF HUNTINGTON BEACH INTER DEPARTMENT COMM ATI N HUNTINGTON BEACH 0 To Distribution m 0 James W. Palin Deputy City Administrator Subject DISCLOSURE OF HAZARDOUS ate September 11, 1987 WASTE SITES IN HUNTINGTON BEAC AB 3750 (Cortese), effective July 1, 1987, requires the State Department of Health . Services, the State Water Resources Control Board, and the California Waste Management Board to compile a list of various hazardous waste and substance sites, to update these lists as appropriate, but at least annually, and to submit the lists to the Office of Planning and Research for consolidation and distribution to each city and county in which sites on the list are located. The bill requires each applicant for a development project which will be used by any person to consult the lists and to submit a signed statement indicating whether the project is located on a listed site before the local agency may accept as complete an application for the project. Pursuant to AB 3750, Government Code Section 65940, the Office of Planning and Research has submitted the attached list of hazardous waste sites in Huntington Beach to the City Planning Division. Twenty eight sites are identified on the list. the four sites described below are of special interest because the City either currently owns them or has owned them in the recent past. 1. Bruce Brothers Pit Landfill Located at 7212 Talbert Avenue. According to Les Evans in Public Works, this site was cleaned up. However, the old County Landfill, which is on the southeast corner of Talbert and Goldenwest may be of concern. 2. Huntington Beach Park Property #1 Located on the north side of Taylor and the west side of Goldenwest. According to Don Kiser in Public Works, this site was used years ago to dump rotary mud from oil field pumps. The site was cleaned up in 1972, during the grading and construction of Central Park. 3. Beach Maintenance Yard Located at 44 Huntington Avenue. According to Don Kiser, a diesel tank that was discovered to be leaking was removed and replaced with a new double wall tank; the contaminated fluids and soils were removed and properly disposed of. 4. Old Lake Fire Station Located at 704 Lake Street. According to Don Kiser, during demolition of this facility, three underground tanks were removed and testing indicated some ground contamination. The soils were removed and properly disposed of. The site has been sold for development. Disclosure of Hazardous Waste Sites September 11, 1987 Page 2 of 2 It is possible that, since these sites have been cleaned up, they should not be included on the list, or at least the cleanup status should be stated. In addition, the Department of Health Services failed to include Ascon Landfill on the list. Staff is contacting the appropriate agencies to correct this problem. This list must be available to anyone who is contemplating a development project in the City. It is a means of disclosure to the public. The applicant must check the list to determine if his/her project is located on any of the sites. If it is, the applicant must sign a statement, which should be filed with the application. Unfortunately, the list is inaccurate and incomplete at this time and should be used with caution. It should not be used as a disclosure tool for real estate agents until it is revised. Staff recommends that the planners check the list for each application, including all building permits, and ask the applicant to sign an appropriate form, if required. The applicant should also be informed that the site may already be cleaned up. He or she should check with the appropriate agency for details. JWP:LC:gbm cc: Honorable Mayor Jack Kelly and Members of the City Council All Department Heads Mike Adams Hal Simmons Vic Subia Mike Tamiyasu Les Evans Don Kiser (9071d) �faf.e of T-alifnmia / GOVERNOR'S OFFICE v � OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET ' SACRAMENTO 95814 yy � yl GEORGE DEUKMEJIAN '* G-_�-\vP`✓ GOVERNOR 1f5 (?. __-" I AUG 2 i F' 7 Lei' AUGUST 1987 1 CITY OF HU;,i INU'T,%td DE-AVU f;Ovif;'! TRATI:F TO: ALL CITY PLANNING DEPARTMENTS Attached is a list of identified hazardous waste and/or hazardous substance sites consolidated by the Office of Planning and Research (OPR) from data received from the State Department -of Health Services , the State Water Resources Control Board and the California Waste Management Board pursuant to AB 3750 (Cortese) Government Code Section 65940. Included with the distribution are the data source ID abbreviations and the state agency contact persons. If you need additional information regarding a specific site , please contact the appropriate state agency . If you require any further information regarding the list please contact Christine Kinne at 916/445-0613 . There will be an addendum to this list of data which is being processed from the Environmental Health Division of the Department of Health Services . OPR will mail this additional information as soon as it is available. OPR is intending to update and publish this list quarterly , therefore , anticipate another mailing in November , 1987. Sincerely, David C. Nunenkamp, Chief Office of Permit Assistance DCN:CK:hr Attachments IDENTIFIED HAZARDOUS WASTE SITES - AUGUST 1987 Data Source Definitions DHS: Records that have been compiled by the Toxic Substances Control Division of the Department of Health Services. This code indicates an abandoned hazardous waste site. Laura K. Yoshii, Chief Toxic Substance Control Division Program Policy & Evaluation 1219 K Street, Roan 300 324-7193 Sacramento, CA 95814 DHS2: Records that have been compiled by the Environmental Health Division of the Department of Health Services. This code indicates public water drinking wells that serve less than 200 connections ("small wells"). Harvey F. Collins, Ph.D Chief, Environmental Health Division 714 P Street, Roan 616 322-2308 Sacramento, CA 95814 DHS3: Records that have been compiled by the Environmental Health Division of the Department of Health Services and consist of public water drinking wells that serve more than 200 connections ("large wells"). David L. Storm, Ph.D Environmental Health Division 714 P Street, Roan 616 323-6111 Sacramento, CA 95814 WRCB: Records compiled by the Water Resources Control Board. These are sites of reported leaks that have been investigated by the WRCB. Allan V. Patton Environmental Specialist SWRCB 901 P Street 324-9495 Sacramento, CA 95814 CWMB: Records compiled by the California Waste Management Board. These a_--e solid waste disposal facilities from which there is a known migration of hazardous waste. George T. Eowan Chief Executive Officer 1020 9th Street, Suite 300 322-3330 Sacramento, CA 95814 IDENTIFIED HAZARDOUS WASTE SITES - AUGUST 1987 CITY: HUNTINGTON BEAC SITE: BRUCE BROTHERS PIT LANDFILL-- ADDRESS: 7212 TAL.BERT AVE CITY: HUNTINGTON BEAC I ZIP.:- 92647- C'0JNTY:- ORANGE ._ DATA SOURCE: DHS CITY: HUNTINGTON BEAC _ SITE: HAWK'S FIELD _ - - ADDRESS: NW CORNER OF GOTHARD & GARFIELD CITY: HUNTINGTON BEAC ZIP: -92634L COUNTY: DRANGE DATA SOURCE: DHS CITY: HUNTINGTON BEAC SITE: HI.INTINGTON BEACH GENERATING_ STATION ADDRESS: 21.730 NE=WLAND ST. CITY: HUITINGTON BEAC ZIP: 92646- COUNT Y: ORANGE DATA SOURCE: DHS CITY: HUNTINGTON BEAC SITE: HUNTINGTON BEACH PARK PROPERTY #1 ADDRESS: TAYLOR GOLDENWEST CITY: HUNTINGTON BEAC ZIP: 92647- COl!NTY: DRANGE DATA SOURCE: DHS CITY: HUNTINGTON BEAC SITE: SCIENTIFIC CHEMICAL CO INC. ADDRE_"S: 3i564 PRDDUCFR LANE CITE': HUWP !N(;TOIc BEAC ZIP: 92649- CDUNTY: DRANGE DATA SOURCE: DHS CITY: HUNTINGTON BEAC SITE: ST'=WART STREET OIL SUMP ADDRESS: 5W Or YI EWART ST . OUNTY: _RANGE DATA SOURCE: DHS CITY: HUNTINGTON BEACH S17C_: BEACH MAINTENANCE YARD ADI) EGS 44 HUNTINGTON AVENUE CITY, HU&T I NC T ON LEACH ZIP: 92649 COUNTY: nPANC•C_ DATA SOURCE: WRCB CITY: HUNTINGTON BEACH S'?E: BL ONE. MARK C. ADDRESS: y5455 BEACH BOULEVARD C3T. . HUNTINGTON BEACH ZIP: 92648 _ = - -- . r; 1N.7VT DFANNE DATA SOURCE: WRCB CITY: HUNTINGTON VE CH SITE. _EERE PLUMBINC ADDRESS: 222 ADAMS CITY: HUN,i1NGTON BEACH ZIP: 92648 COUNTY: ORANGE DATA SOURCE: WRCB CITY:. HUNTINGTON BEACH SITE: HUINTINGTON BEACH HONDA ADDRESS. BEACH BLVD. - CITY: HUNTINGTON BEACH ZIP: _ 92648 - COUNTY: ORANGE DATA SOURCE: WRCB CITY: HUNTINGTON BEACH SITE: HUNTINGTON BEACH POST OFFICE ADDRESS:. 6771 WARNER AVENUE CITY: HUNTING'fOiJ BEACH - _ ZIP: 92647 COUNTY: ORANGE DATA SOURCE: WRCB CITY: HUNTINGTON BEACH- SITE: JAMES LUMBER CO. ADDRESS: 17 311 NICHOLS STREET CITY:- HUNTINGTON BEACH ZIP: 92647 COUNTY: ORANGE. DATA SOURCE: WRCB CITY: HUNTINGTON BEACH SITE: MCDONNIELL DOUGLAS ASTRONAUTICS ADDRESS: 5301 BOLSA AVENUE CITY:- HUr T?"JGTON BEACH ZIP: 92647 COUNTY: 0::'ilNGE DATA SOURCE: WRCB CITY: HUNTINGTON BEACH SITE: MCDOIJNE:LL DOUGLAS ASTRONAUTICS ADJRE"SS: 5:101 LOLSA STREET CITY: HUNTINGTON LEACH _ZIP: 92647 C,•JJtq'TY: ORANGE DATA SOURCE: WRCB CITY- HUNTINGTON BEACH SITE: i`i0':L SERVICE SIATION #I1G4R i=-D RE.3S: 20002 BEACH BLVD. CITY: HUNTINGTON BEACH ZIP: 92646 COUNTY: ORANOE DATA SOURCE: WRCB _CITY: HUNTINGTON BEACH _. SITE:-_MO :i' SERVICE _STATION 11 03W AD DR='5S: 1 500 1 GOLDEN WEST C17y: HUNTINGTON I{EACH ZIP: 92647 COUNJTY: OF,NGE DATA SOURCE: WRCB CITY: HUNTINGTON BEACH SIT;: VIEW SCHODL DISTRICT ADDRESS: E2 91 WARNER AVENUE I TY: HUNI"i;".'TON BEACH Z 1 P: 92647 COUNTY: DATA SOURCE: WRCB CITY: HUNTiI'JGTON BEACH S1TE: . OLD Lr,kF F'RE STATION - ADD.- SS. -:: . LAKE- STREE`._ CITY: Ht_;N",1 N."i ON BEACH ZIP: 92640 COUNTY: O=F,tv<;E DATA SOURCE: WRCB 11ww■��■�a�■u.■ems e ---- CITY: HUNTINGTON BEACH SITE: RAINBOW DISPOSAL COMPANY, INC. ADDRESS`.- 17121 NICHOLS STREET CITY: HUNTINGTON BEACH . ZIP: 92647 COUNTY: ORANGE DATA SOURCE: WRCE CITY: HUNTINGTON BEACH_- -SITE: SAV—MOR OIL CO. ADDRESS: 620 OCEAN STREET CITY: HUNTINGTON BEACH ZIP: 92648 COUNTY: .ORANGE DATA SOURCE: WRCP CITY_: HUNTINGTON BEACH SITE: :SHELL SERVICE STATION - ADDRESS: 16972 GOLDENWEST CITY: HUNTINGTON BEACH ZIP: . -CODUNTY: ORANGE DATA SOURCE: WRCE CITY: HUNTINGTON BEACH S17E: SHELL SERVICE STATLON ADDRESS: 1?002 -MAGNOL I A CITY: HUNTINGTON BEACH ZIP: 92646 COUNTY- ORANGE DATA SOURCE: WRCP CITY: HUNTINGTON BEACH -SITE: SHELL SERVICE STATION ADDRESS: 15971 GOLDEN WEST- CITY: HUNTINGTON BEACH ZIP: COUNTY: ORANGE DATA SOURCE: WRCP CITY: HUNTINGTON BEACH 51TE: SHELL SER'.'ICE STATION ADDRESS: 6502 BOLSA CITY: HUNTINGTON BEACH ZIP: 92647 COUNTY: GRANGE DATA SOURCE: WRCP CITY: HUNTINGTON BEACH SITE: UNOCAL -SER`,'1•:E STATION #5123 ADDRESS: .IA4 72 SPRINIGDALE AVENUE CITY: HUNT:}s.'',"lOfN DEACi. ZIF: 92647 DATA SOURCE:SOURCE:_ WRCP IDENTIFIED HAZARDOUS WASTE SITES - AUGUST 1987 CITY: HUNTIONG BEACH SITE: GOODYEAR TIRE ADDRESS: 7872 EDINGER CITY: HUNTIONG BEACH ZIP: 92647 COUNTY: ORANGE DATA SOURCE: _ WRCB y ttti IDENTIFI=D HAZARDOUS WASTE SITES - AUGUST 1987 - CITY: HUNTINGDEACH SITE: -CHEVRON SERVICE STATION 09-360 ADDRESS: 7012 EDINGER CITY: HUNTINGAEACH ZIP: 926-17 . COUNTY: ORANGE DATA SOURCE: WRC] CITY: HUNTINGL'EACH SITE-: GOLDEN WEST COLLEGE CORP. YARD. ADDRESS: 7112E MCFADDEN CITY: HkWTINOBEACH ZJP: 92646 COUNTY: ORANGE DATA SOURCE: WRC] County of Orange �Q�O March 21 , 1986 TO: Members; Orange County Waste Management Advisory Commission FROM: Robert A. Griffith, Director, Hazardous Materials Program SUBJECT: Transfer of Hazardous Materials Program to Fire Department Attached for your information is a copy of the report submitted to the Board of Supervisors by the County Administrative Office. The Board is scheduled to act on this matter on Tuesday, March 25, 1986. If you have any questions, please call me at 834-5745. Robert A. Griffith, Director Hazardous Materials Program RAG:hm 3:24M Att. v � CST v, C4Z -y F856188(3/84) r CAO REVIEW }? CONSENT Q YES © Concur ❑ NO ❑ Do Not Concur ❑ Exempt IO: BOARD OF SUPERVISORS COUNTY OF ORANGE CONTACT FOR INFORMATION -ROM: COUNTY ADMINISTRATIVE OFFICE Murry Cable 834-8500 NAME PHONE MEETING DATE SUBJECT SUPV. DIST. ORGANIZATION REASSIGNMENT OF March 25, 1986 HAZARDOUS MATERIALS PROGRAM All SUMMARY OF REQUEST(Description for agenda) Request for transfer of the Hazardous Materials Program Office to the Fire Department. ADDITIONAL DATA: In October 1984 your Honorable Board directed the CAO to assess the organization of Hazardous Materials Program Office in 12-18 months and to report back by April 1986. The review has been completed and the report is attached. PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM: Minute Order October 23, 1984 FUNDING SOURCE(S) CURRENT YEAR COST ANNUAL COST BUDGETED? LXJ YES NO County General No additional No additional cost cost WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? CONSISTENT WITH BOARD POLICY? ® NO IF YES, STATE NUMBER PERMANENT LIMITED TERM ® YES ❑ NEW ITEM OR EXCEPTION RECOMMENDED ACTION 1.' Transfer the Hazardous Material Program from the County Administrative Office to the Fire Department, including the responsibility for FUBU 0260 and its positions. CONCURRENCES (If applicable) ATTACHMENTS Fire,' GSA, HCA, EMA Report ' . March 18, 1986 DATE AGEM Y OR DEPA T T AUTHORIZED PRESENTATIVE G1/23a Larry Parrish, CAO _ yra+.a.ra�•c-�a..re;:o- ^r•._...—:.,r; ...-1+—se'a'r�4 r.—p^..-• r:�cRs+a-.--r'-"---.,-r.:, ..n>...�,.w;---"c`cn-rF .-:r"-:= __-__.Y-.i. - .._._. :___•"- ........+-_. -.+ - __'C'.uF��..75"A`-.-��. '� :.- .4....-. `i,."S.. �%F-. ':Y_ tP"" -A el:-. s N • S REVIEW OF THE ORGANIZATION OF HAZARDOUS MATERIALS PROGRAM INTRODUCTION - In October 1984 the Board formed the Hazardous Materials Program (HMP) Office under the administrative direction of the County Administrative Office (CAO) with a directive to report back by April 1986 with a review of the organization. The formation of the Hazardous Materials Program Office with an executive position was recommended by the Hazardous Materials Task Force which had identified a need for more effective coordination, planning and administration of hazardous materials activities. The analysis is based on a review of legislation, Board resolutions, interviews with the following County staff: Murray Storm, Bill Zaun and Bob Collacott (Environmental Management Agency [EMA]-Regulation Division); Chief Larry Holms (Fire Department); Bert Scott (General Services Agency [GSA]); Tom Uram (Health Care Agency [HCA]); Bob Griffith (CAO). Analysis focused on: where is the best fit between the HMP mission and activities and those of existing County agencies/departments; how will the involved agencies/ departments react to an organizational change. Two conclusions are based on our findings. First, the mission--coordination, planning, administration--needs further focus. Second, there is general agreement that one of the activities in the HMP in the last year (toxic round- ups) is off Target of the mission of the Program Office and should be reevalu- ated. This report is based on the assumption that to accomplish the HMP mission the following actors must be in concert: j. 1 . 1. Agencies/Depar_ _ants Within County Governmen. CAO Particularly legislation and, to a limited degree, Solid Waste Enforcement. EMA -- Regulation, in particular, on incident response and - monitoring environmental quality. Fire -- Hazardous Materials Disclosure Ordinance, Emergency Management and incident response. GSA -- Waste Management Program HCA -- Environmental Health on inspection, enforcement and regulation of waste generators, as well as on incident response. Epidemiology and Disease Control on detecting Public Health issues arising from toxic materials not involved in "incidents." 2. Entities Within Orange County 26 City Governments Private Industry Sanitation Districts Fire Chiefs Association (re Response and Disclosure) 3. Other Jurisdictions Southern California Hazardous Waste Management Authority Los Angeles County (not represented in the Authority) for regional planning of waste treatment and disposal Various state agencies EPA 2 6' `I !`.'4;'�1.F:�;-. .�. _r•n+...c..�-:-,:. ..��.::�:;"`=:___._..:� ?:s- -^'?.:,::r_- •a-� +mw:.-..�.. f_ 7'ss'`c;-"-....`,"_```.�.:;""--'. -.,r•s-•-c.�-t,.c:r-ccF..._='r",?f?c� • .i d Our staff considered organization alignments in CAO, Fire, GSA and HCA. Although EMA could accommodate the addition of Hazardous Materials Program a Office, it appears that the activities of other agencies/department are more suited to integration of the function. Health Care Agency did not appear viable. Although HCA implements the Hazardous Waste Program County-wide, its role is focused on the regulation and enforcement of wastes. The long range planning and coordination would not be completely compatible with the mission of HCA. Placement in CAO The mission of HMP is compatible with other CAO activities -- coordinating multi-agency, special district, intergovernmental operations as well as plan- ning policy -- legislation, Board policy, and the master plan. The operation of toxic roundups is clearly outside the mission of the CAO. Currently, the level of staff and method of deploying them on assignments in HMP is not -in sync with the philosophy or operation of County Administrative Office. The HMP mission and activities are long range. To be consistent with the current CAO philosophy and organization, agencies/departments should retain as much management control over their own responsibilities as possible with CAO in the role of facilitating cooperative interagency relations and maintaining a corporate perspective on their coordinated operations. To that end, the CAO is not the most appropriate choice for the Hazardous Materials Program. Placement in Fire Department The mission of HMP is compatible with other Fire activities -- planning and coordination for . incident prevention and response with cities, state and federal jurisdictions. The Fire Chiefs Association wrote the Hazardous Materials Emergency Re- sponse System Master Plan. Fire, in conjunction with HMP, led the County effort on the Hazardous Materials Disclosure Ordinance. The continied 3 . • i Pi • monitoring under that ordinance is the responsibility of fire departments; therefore, close working relationship between HMP and the Fire Chiefs Asso- ciation is crucial. In addition, HMP is revising the County Hazardous Materials Incident Response Plan with the assistance of the Emergency Man- " agement Division of Fire. Many of the ' activities of HMP are more closely related to Fire than to any other organization. The linkages for effective long-range planning are also compatible with the mission of Fire. The toxic roundup operation is clearly extraneous to Fire activities and should be reevaluated. ' The Fire Chief could create a Special Services Bureau. The Bureau -would include all Hazardous Materials activities and Emergency Management. Placement in GSA . If Hazardous Material Program was transferred to GSA, it would be adjunct to the Waste Management Program. Consolidation of HMP and Waste Management Program addresses disposal issues, but the broader scope of activities required for HMP. are better suited to the Fire Department. Regular ongoing disposal of. household toxic waste would be within the scope of GSA Waste Management Program. Recommended Action: 1. Transfer the Hazardous Material Program from the County Administrative Office to the Fire Department, including the responsibility for FUBU 0260 and its positions. G1/23 4 REQUES i ' FOR CITY COUNCIL ACTION Date December 26, 1985 Submitted to: Honorable Mayor and City Council �Y CITY COUNeIL LoVySubmitted by: Charles W. Thompson, City AdministratoLP ��Prepared by: Raymond C. Picard, Fire Chi / TY CLLK Subject: AMENDMENT TO FEE SCHEDULE - PROCESSIOUS MATERIALS DISCLOSURE FORMS Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: The new Hazardous Materials Disclosure Ordinance, approved by the City Council and mandated by the State Legislature, has caused a fiscal impact on the Fire Department. RECOMMENDATION: Approve the proposed amendment to the fee schedule for processing Hazardous Materials Disclosure forms. ANALYSIS: The estimated cost of the Hazardous Materials Disclosure Program is $75,000 per year (W,095 for the first six months). The program will be managed at the lowest level necessary to comply with all local and state mandates. The cost of the program will need to be adjusted as actual experience and. . costs dictate. The Fire Department does not have current figures on how many of the 5,000 businesses we inspect each year will be subject to this ordinance but County figures are estimating 15-20% of all businesses handle or store hazardous materials. Using this estimate, it appears 750 businesses could be involved. The proposed fee schedule would effect the business community as follows: OIL OPERATORS: - Would be charged $50 per disclosure for each oil tank farm previously not appropriately covered in any fee resolutions. - Oil pumping units would not be charged due to previous inspection fee resolutions. BUSINESS COMMUNITY: - Basic fee for filing disclosure. $50 - In addition, for single building occupancies handling or storing over three (3) classified materials. $50 - In addition, for multibuilding occupancies handling or storing over three (3) classified materials, per building. $50 - In addition, for late filing (The late fee provision will not be applied in the first six (6) months of the program). $100 PIO 4/84 RCA - AMENDMENT TO FEE SCHEDULE, December 26, 1985 PROCESSING HAZARDOUS MATERIALS DISCLOSURE FORMS Page Two FUNDING SOURCE: y The program will be self-funding if the proposed supplemental fee Resolution No.17 is adopted. Approximately $75,000 in funds will be required to operate this program ($47,095 for the first six months).. ALTERNATIVE ACTIONS: 1) Fund program out of general fund. 2) Further adjust the fee schedule by the number of hazardous materials present, amount utilized per year, and/or number of buildings containing classified materials. 3) Do not adopt this Resolution and Ordinance #2814 (Hazardous Materials Disclosure Ordinance at time of second reading) and by default commit the County of Orange and its fire department to fulfill the State of California's hazardous materials disclosure mandate law and program fees within the City of Huntington Beach. ATTACHMENTS: Supplemental Fee Resolution No.17 RCP:TS:sr 3706f s/ram RESOLUTION NO. 5610 A RESOLUTION OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, ' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE (SUPPLEMENTAL FEE RESOLUTION NO. 17) WHEREAS, on October 4, 1982, the City Council adopted Resolution No. 5159 establishing a fee schedule for the city; and The City Council desires to establish fees to defray the administrative costs of processing disclosure forms for users of hazardous materials, hazardous substances and wastes, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that Resolution No. 5159 is hereby amended by adding the following to Section 9: Fees for disclosure forms, required by Huntington Beach Municipal Code section 17. 58.120, shall be as follows : Filing disclosure forms : $ 50 In addition, for single building occu- pancies handling or storing over three ( 3) classified materials . 50 In addition, for" multibuilding occupancies handling or storing over three ( 3) classi- fied materials, per building 50 In addition, for late filing: 100 This resolution shall become operative on the effective date of Ordinance No. - 2814. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of January 1986. ATTEST: 4 Mayor Pro Te City Clerk . .. 1. REVIEWED AND APPROVED: APPROVED AS TO FORM: i City A ministr or� City A to ey INITIATED AND APPROVED: i Fire Chief ahb; 12/4/85 1076L/3915 2, Res. No. 5610 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HIW INGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that .the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of January 19 86 by the following vote: AYES: Councilmen: Kelly., MacAllister, Finley, Bailey NOES: Councilmen: None ABSENT: Councilmen: Mandic, Green, -Thomas ' J/. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California REQUEoT FOR CITY COUNGiL ACTION Date I7PCPmhPr (, 1985 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administr 4or ` Prepared by: Raymond lard, Fire Chief Subject: HAZARDOUS MATERIALS DISCLOSURE ORDINANCE Consistent with Council Policy? >4 Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: �c STATEMENT OF ISSUE: Hazardous materials incidents are increasing at a rapid rate and emergency responses are unable to efficiently handle these incidents without appropriate hazardous materials information. This situation has proven to be a threat to reasonable public safety and the safety of emergency personnel. RECOMMENDATION: Approve the Hazardous Materials Disclosure Ordinance as proposed. Authorize the transfer of $47,095 from the unappropriated general fund balance to the Fire Department's Hazardous Materials Program account 308. ANALYSIS: Due to the increasing number of hazardous materials related incidents, emergency response teams needed information as to hazardous materials being used in the community. Therefore, in July 1985, the Orange County Board of Supervisors directed the County Administrative Office/ Hazardous Materials Program to report on the advisability and feasibility of adopting a hazardous materials disclosure ordinance. In keeping with this action, discussions were held with the fire chiefs associations, various committees, private industry groups, etc. The consensus of both the industry groups and emergency response officials is that a hazardous materials disclosure ordinance is essential for public protection purposes. Also, the program should be implemented on a county-wide basis. As a result of these discussions and working meetings, the Board of Supervisors voted unanimously on October 29, 1985 to implement a "model" ordinance in the unincorporated areas of Orange County. All cities were asked to use the model ordinance. County fire services was directed to develop an implementation plan by January 1, 1986 when the ordinance takes effect. Staff concurs with the industry groups and the emergency response officials that a uniform county-wide ordinance is more desirable than many different disclosure systems throughout the County. Industry is especially supportive of this concept because many have plants or offices in more than one city. It is recommended the ordinance be adopted and the program implemented on January 1, 1986 or as soon as practical thereafter. The proposed ordinance also designates the City as the administering agency for the State-wide Hazardous Materials Program set forth by AB2185. AB2185 mandates a comprehensive program of hazardous materials management incorporating the following areas: 1. Data collection and management including security of propriety information. 2. Area response plan. 3. Employee training. 4. Building placarding. PIO 4/84 Hazardous Materials Disclosure Ordinance December 6, 1985 Page 2 This ordinance calls for disclosure by any business which handles hazardous materials in the amounts of 500 pounds or 55 gallons in a year. At this time we are unable to determine how many businesses will fall into this category, but we estimate that 15 to 20% of the 5,000 businesses which we inspect each year will be in this category. Using this estimate, it appears that at least 750 businesses will be involved. Using the suggested fee schedule of $50 per disclosure (twice a year), we estimate an annual revenue of $75,000. AB2185 requires us to adopt an ordinance by January 30, 1986. Our ordinance (which is the model ordinance adopted by the County Fire Chief and edited for clarification), calls for disclosure in January and July of each year. In order to implement this.program, the Fire Department requests the addition of one and one half new personnel as follows on January 1, 1986: 1. Fire Protection Engineer (civilian) - $22,172 for balance of fiscal year 85/86. 2. Clerk (half time) - $5,243 for balance of fiscal year 85/86. 3. Automobile for new employee - $9,500 or auto allowance of $1,350. 4. Mobile radio - $970. 5. Pager for six months - $210. 6. Microcomputer (billing) - $6,000. 7. Equipment maintenance - $1,000. 8. Miscellaneous - $2,000. FUNDING SOURCE: The program is self-funding if supporting Supplemental Fee Resolution Number 17 is adopted. Approximately $75,000 in funds will be required to operate this program ($47,095 first six months). ALTERNATIVE ACTIONS: Reject ordinance and the County will automatically become the local administering agency and collect the enforcement and administrative fees. ATTACHMENTS: 1. Proposed Hazardous Materials Disclosure Ordinance. 2. Fiscal Impact Statement. CWT:RCP:JV:sr 3629f dr CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To CHARLES W. THOMPSON From ROBERT J. FRANZ, Chief City Administrator Administrative Services Subject APPROPRIATION TO ACCOMODATE Date DECEMBER 6, 1985 STATE-MANDATED PROGRAM OF HAZARDOUS MATERIALS MANAGEMENT F.I.S. #86-17 As requested under the authority of Resolution 4832, a Fiscal Impact Report has been prepared and submitted pursuant to the recently approved state mandate for a comprehensive program of hazardous materials management. Anticipation by the requesting entity is that an appropriation of $47,095 would be adequate for financing this program through the final six months of the current fiscal year. An affirmative response by the City Council would reduce the balance of the City's unappropriated General Fund to $2,714,772. ROBERT J. FRANZ, Chief Administrative Services Department By. I.. Z, DAN T. VILLELLA Director of Finance RJF:DTV:AR:skd s ATTACHMENT #3 TO RCA HAZARDOUS MATERIALS DISCLOSURE ORDINANCE FISCAL IMPACT STATEMENT CHECKLIST I. Why is this item not in the budget? (Why was it not anticipated?) Newly enacted state legislation (AB2185, September 1985) mandates a comprehensive program of Hazardous Materials management. II. What will be the cost? A. Direct Cost 1. Current Fiscal Year Cost $47,095 2. Future Year(s) Cost $59,250 B. Indirect Cost 1. Cash Flow: Numerous projects are subsidized by other agencies or entities; however, most are reimbursable rather than providing money up front. "Cash flow" should explain the situation and possibly address items such as loss of interest while advancing monies or any other expense to be borne until actual reimbursement is made. Also identify funding source to advance such monies. Loss of interest until funds (user fees) are collected. Funding source: Unappropriated fund balance. 2. Maintenance a. Current Fiscal Year $1,000 b. Future Fiscal Year(s) $2,000 3. Overhead (project administration, use of equipment and/or personnel. $13,475 4. Grant requirements (if applicable) a. Reporting b. Accounting C. Required City Commitments (financial) Not Applicable III. Funding Source A. Fund - Identify specific fund and account (e.g. General Fund Account 171221 or General Fund unappropriated fund balance). General fund, unappropriated fund balance. 3631f Page 1 B. Indicate specific revenue source if applicable (e.g. Revenue Sharing, user fees, grant, etc.) - User fees C. Alternative Funding Sources General Fund 1. Advantages of each alternative funding source. Advantage only to user if we do not charge a user fee. 2. Disadvantages of each alternative funding source. City general fund would finance the entire project. IV. History A. Identify funding sources previously used for the project. None, new project. B. Indicate whether the suggested funding source is normally used for this type of project. Yes. V. All appropriate information relative to request for use of funds shall be attached and mentioned in the funding source section of the RCA. 3631 f Page 2 TO Rich Barnard Date 2/22/89 Attached is a copy of a RCA that was approved on 11/2i/83 authorizing staff to- prepare a- contract to hire WoodwArd-Clyde. We have been holding_ it in our pending file waiting for the contract to come back to Council. Wp have no record of that happening Woodward-Clyde provided an agalysis of the Ascon site for the 2/21/89 meeting. Are they working without a contract or did the contract bypass Councill Please let us know. _ _ City Clerk's Office DUPLICATE Signed Date Signed Rodif�rm I4S 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. _ Poly Pak(50 sets)4P465 PART 3 WILL BE RETURNED WITH REPLY. �5� ORDINANCE NO. 2814 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO NEW CHAPTER 17.58 ENTITLED, "HAZARDOUS MATERIALS" The City Council of the City of Huntington Beach does ordain as follows: WHEREAS, hazardous materials and wastes which are present may pose acute and chronic health hazards to individuals who live and work in this city if exposed to such substances as a result of fires, spills, industrial accidents or other types of releases or emissions; and It is imperative that emergency service personnel be in- formed of the use and dangers of hazardous materials in the community in order to plan for and respond to potential` emer- gencies and exposure to such materials; and Basic information on the location, type and the health risks involved with hazardous materials used or stored in the city is not now available to firefighters, health officials, planners, elected officials and other emergency response per- sonnel; and The system of disclosure set out in the Huntington Beach Municipal Code is necessary to provide the information required by firefighters, other emergency service personnel, health of- ficials, planners, and elected officials to protect, without abridging the statutory privilege of trade secrecy, the health and welfare of this city; and It is recognized that the members of the community should be given basic information on the use and disposal of hazardous materials, and the addition of Huntington Beach Municipal Code 1 . Chapter 17 .58 establishes an orderly system to provide such information, NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Municipal Code. is hereby amended by adding new Chapter 17.58 entitled, "Hazardous Materials" to read as follows : 17.58.010 Definitions . For the purpose of this chapter, the words and terms listed in this section shall have the fol- lowing definitions unless from the context a different meaning is clearly indicated: (a) "Carcinogen" refers to a substance which causes can- cer . For purposes of this chapter, carcinogens are those sub- stances specified on the list developed by the United States Department of Health and Human Services in its second annual Report on Carcinogens. i (b) "CAS number" means the unique identification name as assigned by the Chemical Abstracts Services to specific chemi- cal substances . (c) "Chemical name" means the scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry or. the system developed by the Chemical Abstracts Services. (d) "Common name" means a designation of identification such as a code name, code number, trade name or brand name used to identify a substance other than by its chemical name. I (e) "Disclosure form" means the written information sub- i mitted to the fire department pursuant to section 17 .58.050. ( f) "Handle" means to use, generate, process, produce, i package, treat, store, emit, discharge, or dispose of hazardous material in any fashion. (g) "Hazardous material" means any substance or .product: (1) For which the manufacturer or producer is re- quired to prepare an MSDS for the substance or product pur- suant to the Hazardous Substances Information and Training i Act (Chapter 2.5, Part 1 of Division 5 of the California Labor Code commencing with section 6360) or pursuant to any applicable federal law or regulation; or i (2) Listed in California Health and Safety Code sec- 2. tion 25316; or (3) Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission; or (4) Which is listed as a legal carcinogen in Title 8., Subchapter 7, Group 16 of the California Administrative Code; or (5) Which the Director of the Department of Food and Agriculture classifies as pesticides; or (6) Which the EPA classifies as priority organic pol- lutants. (h) "Hazardous waste" or "extremely hazardous waste" means any material that is identified in: (1) California Health and Safety Code sections 25115 and 25117, and Title 22 of the California Administrative Code sections 66680 and 66684; or (2) The Code of Federal Regulations, Title 40, sec- tions 261.31--261.33. ( i ) . "Health official" means the health officer of the 1. county of Orange or his deputy. (j ) "MSDS" means a Material Safety Data Sheet prepared pursuant to California Labor Code section 6390 or pursuant to the regulations of the Occupational Safety and Health Admin- istration of the United States Department of Labor. (k) "Physician" means any person who holds a valid certif- icate from the State of California to practice the healing arts . (m) "SIC code" means the identification number assigned by the Standard Industrial Classification Code to specific types of businesses. (n) "Storage" or "storing" means the containment of sub- stances or. materials in a manner which doe.s . not constitute dis- posal of such substances or materials. (o) "Use" includes the handling, processing or storage of a hazardous substance. (p) "User" means any individual, person, trust, firm, joint stock company, corporation, partnership, association, city, county, district and the state, or any department or 3. agency thereof engaged in any activity involving the use or handling of a hazardous substance or waste. 17 .58.020 Standards--Administering agency. There is here- by adopted by reference Chapter 6.95 of Division 20 of the California Health and Safety Code, commencing with section 25500, establishing minimum statewide standards for business and area plans relating to the handling .and release or threat- ened release of hazardous materials. The fire department of the city of Huntington Beach shall be the administering agency for the provisions of this chapter, and all other applicable statutes promulgated by the federal government or the state of California. When deemed necessary by the fire chief, the city may adopt and enforce more restrictive regulations for the pro- tection of its inhabitants. 17.58.030 Designation of a hazardous material . Any mate- rial may be added to -the list of hazardous materials, defined in section 17 .58.010(g) upon a finding by the fire chief that the material, because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environ- ment if released. A material added to the list of hazardous materials, pursuant to this section, shall be designated as either a hazardous material or waste. The fire chief may use Chapter 17.56 of this code to assist him in requiring types and amounts of hazardous materials to be disclosed. 17.58.040 All users--General information- required. Upon request, all users shall provide the following information: (a) Any information deemed necessary by the fire depart- ment for protection of the public health, safety or environ- ment; and I (b) Any information requested by a physician in order to treat a patient. 17.58.050 Users of hazardous materials--Disclosure re- quired. a All users shall submit during the months of January and July of each year a completed disclosure form to the Huntington Beach fire department. (b) Any person who, for the first time during any calendar year, becomes a user or handler of any hazardous material, shall submit a completed disclosure form to the fire department within thirty days of becoming a user or handler. Thereafter, said user shall comply with the provisions of subsection (a) . (c) The information required to be disclosed by the fire department shall include, but not limited to, the following: 4. used; (1) A copy of the MSDS for every hazardous material ' (2 ) CAS number; (3) SIC code; (4) United Nations identification number; (5) A list of the chemical names and any common names of every hazardous material used; (6) The maximum amount each hazardous material is handled or used at any one time over the course of the year; (7) Specific information as to how and where haz- ardous materials are handled or used in order to allow fire and safety personnel to prepare adequate emergency response plans for the potential release of such hazardous materials . (8) The names and telephone numbers of at least two (2) persons representing the business and able to assist emergency personnel in the event of an emergency involving the business during business and nonbusiness hours; (9) The characteristics of all hazardous material disclosed including, but not limited to, . the degree such material may be toxic, flammable, reactive, .and corrosive. 17.58.060 Additional times disclosure required. The fire department, when deemed necessary, may give written notice to users and handlers of the need for furnishing disclosure infor- mation within fifteen days of any: (a) Significant change in the use or handling of a haz- ardous material; or (b) New use or handling of a previously undisclosed haz- ardous material; or � (c) Change of business address; or (d) Change of business ownership; or (c) Change of business name; or (d) Closure of business . Any user who has previously filed a disclosure form, pur- suant to section 17 .58.050, shall submit to the fire department a new disclosure form containing the information required by 5. this section. 17.58.070 Exemptions from disclosure. The following mate- rials, persons or entities shall be exempt from the disclosure requirements of this chapter: (a) No MSDS shall be required to be filed with a disclo- sure form for a material defined as hazardous in this chapter solely by its presence on the Nuclear Regulatory Commission's list of radioactive materials . (b) Hazardous materials or substances contained in food, drug, cosmetic or tobacco products . (c) Any person using or handling less than five hundred (500) pounds or fifty-five (55) gallons per year, whichever is the lesser, of a hazardous material shall not be required to disclose such use or handling unless the fire chief has given written notice that the weight or volume limits placed on a specific hazardous material have been lowered because of public health concerns, or to meet the intent and requirements of Chapter 17.56 of this code. (d) Hazardous materials contained solely in consumer prod- ucts packaged for use by and distributed to the public unless the product is repackaged or altered in any way; provided, how- ever, that .the manufacture and distribution of such products is not exempt, or required to be permitted or reported by provi- sions of Chapter 17.56 of this code. (e) Any person, while engaged in the transportation of hazardous materials, including storage directly incidental thereto, provided that such materials are accompanied by ship- ping papers prepared in accordance with the provisions of 49 Code of Federal Regulations, Subchapter c. ( f) No MSDS shall be required for any hazardous material if such information is not available at the time disclosure is required, provided, however, that an MSDS shall be submitted to the fire department within fifteen (15) days after receipt by the user. (g) Infectious waste generated by hospitals, medical cen- ters, clinics and other health care facilities that are regu- lated under Title 22 of the California Administrative Code. 17.58.080 Disclosure of information to public. The fire department shall maintain files of all disclosure forms re- ceived, and subject to the provision of section 17 .58.140 re- lating to trade secrets , these files shall be open to the pub- lic during normal business hours . 6. 17 .58.090 Persons requesting access to disclosure forms-- Record required. A record of all persons who request access to the hazaraous materials disclosure forms shall be kept. Such record shall include: (a) Name, address and telephone number of person re- questing access, based on the showing of appropriate identifi- cation; (b) Name and address of the person, business or govern- mental agency such person represents; (c) Identification of the specific file(s) examined or requested to be copied; (d) Reason why person has requested such information. 17 .58.100 Information regarding hazardous waste. Upon request, the Fiealth officer will make available to the fire department and emergency response personnel information re- garding hazardous wastes, extremely hazardous wastes, and underground tanks, when such information has been obtained. 17.58.110 Identification. When required by the fire chief, areas containing hazardous materials shall be identi- fied. Such identification may include signs, color coding, posting lists of materials and material safety data .sheets, or , other notice deemed necessary. 17.58.120 Fees . (a) A fee to defray the administrative costs of processing disclosure forms with the city shall be set by resolution of the city council. (b) Any user who fails to file a disclosure form within the times specified in section 17.58.050 shall pay a late filing fee, established by resolution of the city council . Such late filing fee shall be in addition to other regularly assessed fees, and shall be submitted with the disclosure form. 17 .58.130 Approved key box and location. When required by the chief, any user submitting a disclosure form may be re- quired to install an approved key box for emergency utilization of MSDS, floor plans,, site plans and access keys . The location of such key box shall be approved by the fire chief. 17 .58.140 Trade secrets . A user may designate some or all of the information on the disclosure form as a trade secret. As used herein, trade secret shall have the meaning given it by California Government Code section 6254.7 and California Evidence Code section 1060 . Any information designated as a trade secret on the disclosure form, or otherwise obtained by 7 . the fire department or any of its employees, shall not be dis- closed to anyone except: (a) To an officer or employee of the city, the county of Orange, the state of California, or the United States of America, in connection with the official duties of such officer or employee under any law for the protection of health. (b) To persons under contract with the city and their em- ployees if, in the opinion of the fire chief, such disclosure is necessary and required for the satisfactory performance of a work contract. (c) To any physician when such information is deemed nec- essary to treat a patient. For the purpose of this section, fire and emergency re- sponse personnel and county health personnel operating within the jurisdiction of the city shall be considered employees of the city. 17.58.150 Trade secret information request--User noti- fied. When t e ire department receives a request for release information to the public, and the fire department has been notified by the user that such information is a trade secret, the fire department shall give the user written notice by cer- tified mail of such request. The fire department shall release the information, thir.ty. (30) days after .the date of mailing said notice .unless prior to the expiration of the thirty (30) days, the fire department is informed that the user has instituted an action in a court of competent jurisdiction for declaratory relief that said information is subject to protection or has obtained an injunction to prohibit disclosure of such informa- tion to the general public. The provision of this section shall not permit a user -to refuse to disclose information required to be disclosed under the provisions of this chapter. 17.58.160 Penalty. (a) Any officer or employee of the city, or former officer or employee, who by virtue of such em- ployment or official position, has obtained possession of or has access to information, the disclosure of which is prohib- ited by this chapter, and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, shall be guilty of a MISDEMEANOR, and shall be sub- ject to the provisions contained in subsection (d) hereof. (b) For purposes of determining a violation, a contractor and any employee of such contractor who has been furnished in- 8. formation pursuant to the provisions of this chapter shall be deemed an employee of the city, and who knowingly and willfully discloses such information, shall be guilty of a MISDEMEANOR, and shall be subject to the provisions contained in subsection (d) hereof. (c) Any physician who has been furnished information or who has obtained information pursuant to section 17 .58.150(c) and who, knowing that the disclosure of the information is pro- hibited, knowingly and willfully discloses the information, shall be guilty of a MISDEMEANOR, and shall be subject to the provisions contained in subsection (d) hereof. (d) Any person who violates or wilfully fails to comply with any provision of this chapter is guilty of a MISDEMEANOR, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period of six months, or both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. SECTION 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof, and amendments thereto, irrespective of the fact that any one or more sec-. tions, subsections, sentences, clauses, phrases or portions, or amendments be declared invalid or unconstitutional . SECTION 3 . This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by .the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of January 1986. ATTEST: • 4 Mayor City Cler 9. REVIEWED AND APPROVED: APPROVED AS TO FORM: ty A ministrat.o City At rney INITIATED AND APPROVED: Fire Chief ahb; 12/5/85 1079L/3915 10. Ord. No. 2814 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) i I I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of December 19 85 , and was again read to said City Council at a regular meeting thereof held on the 6th day of January 2 19 86 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Kelly, MacAllister, Finley, Bailey NOES: Councilmen: . .- None ABSENT: Councilmen: Mandic, Green, Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California !• A6" UL*6"1*oath CITY CLERK of the City of ffunfiwon Beac#irtd ex-officio Clerk of the City Courm* 3e hereby certify that a synopsis of this ORt"I" ►n bw peblished in the Huntfngton Beach inure:=endent am. n .. !� ocda.c- ,vith h y Charter of sa;d ty. AUCIA M. WENTWORTH City Clerk ....... _ ............ �utY Ctty perk REQUESI FOR CITY COUNCIL ACTION - �couf 3- PoS7 - Date .Trine 19, 1989 Submitted to: Honorable Mayor and City Council Members Submitted by: Paul E. Cook, City Administrator_ Prepared by: Mike Adams, Director of Community De _elopment Raymond C. Picard, Fire Chief �'"✓ Subject: CODE AMENDMENT NO. 89-7 TO ESTABLISH METHANE ZONE AREAS WITH MINIMUM CONSTRUCTION STANDARDS Consistent with Council Policy? W1 Yes [ ] New Policy or Exception "OF A: 3 0C Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: C STATEMENT OF ISSUE• Transmitted for your consideration is Code Amendment No. 89-7 which adds provisions to the Huntington. Beach Municipal Code establishing minimum requirements for building construction within two proposed methane zone areas within the City. RECOMMENDATION• Staff recommends that City Council approve Code Amendment No. 89-7 with the following findings : FINDINGS FOR APPROVAL 1. Code Amendment No. 89-7 establishes regulations to enhance and protect the public health, safety and welfare of persons living and/or working in the City of Huntington Beach. 2 . Code Amendment No. 89-7 conforms with the goals and policies of the City of Huntington Beach General Plan, in particular, the Seismic-Safety Element . ANALYSIS: Following serious methane fires in Los Angeles and Newport Beach in 1985, Senate Bill 1458 authorized a study of potential methane hazard areas which identified seven areas in the Los Angeles - Orange County area including Huntington Beach. During 1987, a study was done identifying specific areas within the City which are a clear and present threat to public health and safety. In conjunction with the study, the state authorized the awarding of grants to eligible jurisdictions for the mitigation of methane gas hazards thru planning, equipment purchases and installation, and other measures . The City of Huntington Beach has been given preliminary approval to receive a $115, 000 grant . a PIO 5/85 .A To obtain final approval from the state to receive the grant, the City must complete the following: 1. Implement an ordinance to establish a methane gas zone area(s) and require studies and mitigation for new construction within the zone areas . 2 . Revise the safety element to illustrate the methane gas hazard areas and establish mitigative policies . 3 . Prepare a methane gas hazard mitigation plan. Item No. 1 is the subject of this Code Amendment. The attached proposed Ordinance sets forth new methane regulations for inclusion in Chapter 17 . 04 of the Municipal Code. The methane gas zone areas are described within the ordinance and shown on a reference map. The purpose of the Ordinance is to reduce the hazards presented from methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane zone areas . The most appropriate location in the -Municipal Code for these provisions is within the building regulations section. The State Division of Oil and Gas has reviewed the provisions and advised staff that they meet the criteria of the Act . Presently the Fire Department is preparing a methane gas hazard mitigation plan for review and approval by the Division of Oil and Gas . The Safety Element is currently being revised as part of the General Plan update. ENVIRONMENTAL STATUS: Code Amendment No. 89-7 is categorically exempt (Class 8) from the provisions of the California Environmental Quality Act. FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: 1. Deny Code Amendment No. 89-7 with findings . 2 . Continue Code Amendment No. 89-7 and direct staff to modify the Ordinance accordingly. ATTACHMENTS: 1. Draft Ordinance 2. Methane Zones Map 3 . Methane Gas Hazards Reduction Act MA:SP: lab RCA 6/5/89 -2- (2761d) r rtV S ORDINANCE NO. 2814 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO NEW CHAPTER 17 . 58 ENTITLED, "HAZARDOUS MATERIALS" The City Council of the City of Huntington Beach does ordain as follows: WHEREAS, hazardous materials and wastes which are present may pose acute and chronic health hazards to individuals who live and work in this city if exposed to such substances as a result of fires , spills , industrial accidents or other types of releases or emissions; and It is imperative that emergency service personnel be in- formed of the use and dangers of hazardous materials in the community in order to plan for and respond to potential emer- gencies and exposure to such materials ; and Basic information on the location, type and the health risks involved with hazardous materials used or stored in the city is not now available to firefighters, health officials, planners , elected officials and other emergency response per- sonnel ; and The system of disclosure set out in the Huntington Beach Municipal Code is necessary to provide the information required by firefighters, other emergency service personnel , health of- ficials , planners , and elected officials to protect, without abridging the statutory privilege of trade secrecy, the health and welfare of this city; and It is recognized that the members of the community should be given basic information on the use and disposal of hazardous materials, and the addition of Huntington Beach Municipal Code 1 . Chapter 17 .58 establishes an' orderly system to provide such information, NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Municipal Code is hereby amended by adding new Chapter 17 .58 entitled, "Hazardous Materials" to read as follows: 17 . 58.010 Definitions . For the purpose of this chapter, the words and terms listed in this section shall have the fol- lowing definitions unless from the context a different meaning is clearly indicated: (a) "Carcinogen" refers to a substance which causes can- cer . For purposes of this chapter, carcinogens are those sub- stances specified on the 'list developed by the United States Department of Health and Human Services in its second annual Report on Carcinogens . (b) "CAS number" means the unique identification name as assigned by the Chemical Abstracts Services to specific chemi- cal substances . (c) "Chemical name" means the scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Services . (d) "Common name" means a designation of identification such as a code name, code number, trade name or brand name used to identify a .substance other than by its chemical name. (e) "Disclosure form" means the written information sub- mitted to the fire department pursuant to section 17 .58.050 . ( f) "Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of hazardous material in any fashion. (g) "Hazardous material" means any substance or product: (1 ) For which the manufacturer or producer is re- quired to prepare an MSDS for the substance or product pur- suant to the Hazardous Substances Information and Training Act (Chapter 2 .5 , Part 1 of Division 5 of the California Labor Code commencing with section 6360 ) or pursuant to any applicable federal law or regulation; or ( 2 ) Listed in California Health and Safety Code sec- 2 . tion 25316; or (3 ) Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission; or (4) Which is listed as a legal carcinogen in Title 8, Subchapter 7 , Group 16 of the California Administrative Code; or ( 5 ) Which the Director of the Department of Food and Agriculture classifies as pesticides ; or (6 ) Which the EPA classifies as priority organic pol- lutants . (h) "Hazardous waste" or "extremely hazardous waste" means any material that is identified in: (1 ) California Health and Safety Code sections 25115 and 25117 , and Title 22 of t e Cali ornia Administrative Code sections 66680 and 66684; or (2 ) The Code of Federal Regulations, Title 40, sec- tions 261 . 31---261 .33 . ( i ) "Health official" means the health officer of the county of Orange or his deputy. ( j ) "MSDS" means a Material Safety Data Sheet prepared pursuant to California Labor Code section 6390 or pursuant to the regulations of the Occupational Safety and Health Admin- istration of the United States Department of Labor . - (k ) "Physician" means any person who holds a valid certif- icate from the State of California to practice the healing arts . (m) "SIC code" means the identification number assigned by the Standard Industrial Classification Code to specific types of businesses . (n) "Storage" or "storing" means the containment of sub- stances or materials in a manner which does not constitute dis- posal of such substances or materials. (o) "Use" includes the handling, processing or storage of a hazardous substance. (p) "User" means any individual, person, trust, firm, joint stock company, corporation, partnership, association, city, county, district and the state, or any department or 3 . agency thereof engaged in any activity involving the use or handling of a hazardous substance or waste. 17 .58.020 Standards--Administering agency. There is here- by adopted by reference Chapter 6 .95 of Division 20 of the California Health and Safety Code, commencing with section 25500, establishing minimum statewide standards for business and area plans relating to the handling and release or threat- ened release of hazardous materials . The fire department of the city of Huntington Beach shall be the administering agency for the provisions of this chapter, and all other applicable statutes promulgated by the federal government or the state of California. When deemed necessary by the fire chief, the city may adopt and enforce more restrictive regulations for the pro- tection of its inhabitants . 17.58.030 Designation of a hazardous material . Any mate- rial may be added to the list of hazardous materials, defined in section 17 .58.010(g) upon a finding by the fire chief that the material, because of its quantity, concentration, physical or chemical characteristics , poses a significant present or potential hazard to human health and safety or to the environ- ment if released. A material added to the list of hazardous materials , pursuant to this section, shall be designated as either a hazardous material. or waste. The fire chief may use Chapter 17 . 56 of this code to assist him in requiring types and amounts of hazardous materials to be disclosed . 17 .58.040 All users--General information required. Upon request, all users shall provide the following information : (a) Any information deemed necessary by the fire depart- ment for protection of the public health, safety or environ- ment; and (b) Any information requested by a physician in order to treat a patient. 17.58.050 Users of hazardous materials--Disclosure re- quired, a All users shall submit during the months of January and July of each year a completed disclosure form to the Huntington Beach fire department. (b) Any person who, for the first time during any calendar year , becomes a user or handler of any hazardous material, shall submit a completed disclosure form to the fire department within thirty days of becoming a user or handler . Thereafter, said user shall comply with the provisions of subsection (a) . (c) The information required to be disclosed by the fire department shall include, but not limited to, the following: 4. (1 ) A copy of the MSDS- for every hazardous .material used; 1 (2 ) CAS number; (3 ) SIC code; (4) United Nations identification number ; ( 5) A list of the chemical names and any common names of every hazardous material used; (6) The maximum amount each hazardous material is handled or used at any one time over the .course of the year ; ( 7 ) Specific information as to how and where haz- ardous materials are handled or used in order to allow fire and safety personnel to prepare adequate emergency response plans for the potential release of such hazardous materials . (8) The names and telephone numbers of at least two ( 2) persons representing the business and able to assist emergency personnel in the event of an emergency involving the business during business and nonbusiness hours; (9 ) The characteristics of all hazardous material disclosed including, but not limited to, the degree such material may be toxic, flammable, reactive, and corrosive . 17 . 58.060 Additional times disclosure required. . The fire department, when deemed necessary, may give written notice to users and handlers of the need for furnishing disclosure infor- mation within fifteen days of any: (a) Significant change in the use or handling of a haz- ardous material ; or (b) New use or handling of a previously undisclosed haz- ardous material; or (c) Change of business address; or (d) Change of business ownership; or (c) Change of business name; or (d) Closure of business . Any user who has previously filed a disclosure form, pur- suant to section 17 .58.050, shall submit to the fire department a new disclosure form containing the information required by 5 . this section. 17 . 58.070 Exemptions from disclosure . The following mate- rials , persons or entities shall be exempt from the disclosure requirements of this chapter : (a) No MSDS shall be required to be filed with a disclo- sure form for a material defined as hazardous in this chapter solely by its presence on the Nuclear Regulatory Commission ' s list of radioactive materials . (b) Hazardous materials or substances contained in food, drug, cosmetic or tobacco products . (c) Any person using or handling less than five hundred (500 ) pounds or fifty-five (55 ) gallons per year, whichever is the lesser, of a hazardous material shall not be required to disclose such use or handling unless the fire chief has given written notice that the weight or volume limits placed on a specific hazardous material have been lowered because of public health concerns, or to meet the intent and requirements of Chapter 17 .56 of this code. (d) Hazardous materials. contained solely in consumer prod- ucts packaged for use-.by and distributed to the public unless - the product is repackaged or altered in any way; . provided, how- ever , that the manufacture and distribu.ti.on of such products is not exempt, or required to be permitted or reported by provi- sions of Chapter 17 .56 of this code . (e) Any person, while engaged in the transportation of hazardous materials , including storage directly incidental thereto, provided that such materials are accompanied by ship- ping papers prepared in accordance with the provisions of 49 Code of Federal Regulations , Subchapter c. ( f) No MSDS shall be required for any hazardous material if such information is not available at the time disclosure is required, provided, however, that an MSDS shall be submitted to the fire department within fifteen (15) days after receipt by the user . (g) Infectious waste generated by hospitals, medical cen- ters , clinics and other health care facilities that are regu- lated under Title 22 of the California Administrative Code . 17 .58.080 Disclosure of information to public. The fire department shall maintain files of all disclosure forms re- ceived, and subject to the provision of section 17 .58.140 re- lating to trade secrets , these files shall be open to the pub- lic during normal business hours . 6. 17 .58.090 Persons requesting access to disclosure forms-- Record required . A record of all persons who request access to the hazardous materials disclosure forms shall be kept. Such record shall include: (a) Name, address and telephone number of person re- questing access, based on the showing of appropriate identifi- cation; (b) Name and address of the person, business or govern- mental agency such person represents; (c) Identification of the specific file ( s ) examined or requested to be copied; (d) Reason why person has requested such information. 17 .58.100 Information regarding hazardous waste . Upon request, the health o icer will make available to the fire department and emergency response personnel information re- garding hazardous wastes, extremely hazardous wastes , and underground tanks, when such information has been obtained. 17 .58.110 Identification. When required by the fire chief, areas containing hazardous materials shall be identi- fied. Such identification may include signs, color coding, posting lists of materials and material safety data sheets, or other notice deemed necessary. 17 . 58. 120 Fees . (a ) A fee to defray the administrative costs of processing disclosure forms with the city shall be set by resolution of the city council . (b) Any user who fails to file a disclosure form within the times specified in section 17 .58.050 shall pay a late filing fee, established by resolution of the city council . Such late filing fee shall be in addition to other regularly assessed fees, and shall be submitted with the disclosure form . 17 .58. 130 Approved key box and location. When required by the chief, any user submitting a disclosure form may be re- quired to install an approved key box for emergency utilization of MSDS, floor plans, site plans and access keys . The location of such key box shall be approved by the fire chief. 17 .58.140 Trade secrets . A user may designate some or all of the information on the disclosure form as a trade secret . As used herein, trade secret shall have the meaning given it by California Government Code section 6254.7 and California Evidence Code section 1060. Any information designated as a trade secret on the disclosure form, or otherwise obtained by 7 . the fire department or any of its employees, shall not be dis- closed to anyone except: (a) To an officer or employee of the city, the county of Orange, the state of California, or the United States of America, in connection with the official duties of such officer or employee under any law for the protection of health. (b) To persons under contract with the city and their em- ployees if, in the opinion of the fire chief, such disclosure is necessary and required for the satisfactory performance of a work contract . (c) To any physician when such information is deemed nec- essary to treat a patient. For the purpose of this section, fire and emergency re- sponse personnel and county health personnel operating within the jurisdiction of the city shall be considered employees of the city. 17 . 58. 150 Trade secret information request--User noti- fied. When the fire department receives a request for release of information to the public, and the fire department has been notified by the user that such information is a trade secret , the fire department shall give the user written notice by cer- tified mail of such request. The fire department shall release the information thirty ( 30) days after the date of mailing said notice unless prior to the expiration of the thirty ( 30 ) days , the fire department is informed. that the user has instituted an action in a court of competent jurisdiction for declaratory relief that said information is subject to protection or has obtained an injunction to prohibit disclosure of such informa- tion to the general public . The provision of this section shall not permit a user to refuse to disclose information required to be disclosed under the provisions of this chapter. 17 .58.160 Penalty. (a) Any officer or employee of the city, or former officer or employee, who by virtue of such em- ployment or official position, has obtained possession of or has access to information, the disclosure of which is prohib- ited by this chapter , and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, shall be guilty of a MISDEMEANOR, and shall be sub- ject to the provisions contained in subsection (d) hereof. (b) For purposes of determining a violation, a contractor and any employee of such contractor who has been furnished in- _ .. 8. formation pursuant to the provisions of this chapter shall be deemed an employee of the city, and who knowingly and willfully discloses such information, shall be guilty of' a MISDEMEANOR, and shall be subject to the provisions contained in subsection (d) hereof. (c) Any physician who has been furnished information or who has obtained information pursuant to section 17 .58.150(c ) and who, knowing that the disclosure of the information is pro- hibited, knowingly and willfully discloses the information, shall be guilty of a MISDEMEANOR, and shall be subject to the provisions contained in subsection (d) hereof. (d) Any person who violates or wilfully fails to comply with any provision of this chapter is guilty of a MISDEMEANOR, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period of six months, or both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance . The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof, and amendments thereto, irrespective of the fact that any one or more sec- tions, subsections, sentences , clauses, phrases or portions , or amendments be declared invalid or unconstitutional. SECTION 3 . This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held- on the 6th day of January 1986. ATTEST: tuZ4 �/- Mayor City Cler 9. Y REVIEWED AND APPROVED: APPROVED AS TO FORM: ty A ministrato City At rney INITIATED AND APPROVED: Fire Chief ahb; 12/5/85 1079L/3915 10. 1. No. 2814 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: a CITY- OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of December 19 85 , and was again read to said City Council at a regular meeting thereof held on the 6th day of January 19 S6 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Kelly, MacAllister, Finley, Bailey NOES: Councilmen: None ABSENT: Councilmen: Mandic, Green, Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO.. 3004 l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING TITLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO ESTABLISH METHANE DISTRICT REGULATIONS SECTION 1 : Findings and Purposes WHEREAS, in order to implement the goals and objectives of reducing the hazards within the City of Huntington Beach of methane gas; The adoption of an enabling ordinance for these programs is in the public interest and promotes the public health, safety and general welfare. ACCORDINGLY, this ordinance establishes procedures and standards which: 1 . Establish methane gas overlay district . 2 . Ensure the mitigation of hazard from methane gas . ACCORDINGLY, the City Council of the City of Huntington Beach hereby amends Title 17 of the Huntington Beach Municipal Code by adding Section 17 . 04 . 085 entitled Huntington Beach Methane District Regulations . SECTION 2 : The Huntington Beach Municipal Code is hereby amended to add new Section 17 . 04 . 085 to read as follows : 17 . 04 . 085 The Uniform Building Code is hereby amended by adding thereto new Chapter 55 entitled "Methane District Regulations" to read as follows : "Section 5501 Purpose . This Division sets forth the minimum requirements of the City of Huntington Beach for new building construction in the defined methane overlay districts . It is also the purpose of this chapter to reduce the hazards presented from accumulations of methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane overlay =.. j districts . -1- , , "Section 5502 Definitions . For the purposes of this division, the following definitions shall also be applied. A. FLAMMABLE GAS shall mean any gaseous substance capable of sustaining combustion or explosion. B . GAS DETECTION SYSTEM shall mean one or more electrical . devices capable of continuous monitoring for the presence of flammable gasses and containing an audible alarm capable of alerting occupants that a hazardous atmosphere exists . The system and all devices which are a part of the system shall be subject to building department and fire department approval . C. METHANE GAS shall mean the hydrocarbon substance commonly known as "natural gas, " chemical formula CHq . For the purposes of definition in this chapter, natural gas from the distribution system of a utility company is exempted and excluded from the scope of application of the provisions of this chapter . D. METHANE GAS OVERLAY DISTRICT shall mean those districts within the City of Huntington Beach as defined in Section 5503 . E. QUALIFIED ENGINEER shall mean a civil engineer currently registered in the State of California and possessing experience in the design of subsurface gas control _.. systems . F. VENT SYSTEM shall mean a system or device which gathers or collects flammable gasses and releases these gasses in a specified manner and location. "Section 5503 Overlay Districts . Boundaries of the districts set forth herein are measured from centerline to centerline of indicated streets unless otherwise described, and are graphically depicted by the copy of the map designated "Methane Overlay Districts, " which is on file with the Department of Community Development and the Fire Department . The Methane District boundaries are as follows . Note that the directions of . north, south, east, west, and similar directions are general in nature only. District One : Saybrook Lane south from Edinger Avenue to Davenport Drive, east on Davenport Drive to Algonquin Street, south on Algonquin Street to Warner Avenue, east on Warner Avenue to Bolsa Chica Street , north on Bolsa Chica Street to Edinger Avenue, west on Edinger Avenue to Saybrook Lane. District Two : All land on both sides of Pacific Coast Highway northwest from the City Boundary at the Santa Ana River to the City Boundary at the Bolsa Chica Bluffs , then following the City Boundary northeast to Edwards Street, Edwards Street north to Slater -2- Avenue, Slater Avenue east to Gothard Street , Gothard Street south to Ellis Avenue, Ellis Avenue east to Newland Street, Newland Street south to Adams Avenue, Adams Avenue east to the City Boundary at the Santa Ana River, City Boundary south along the Santa Ana River to Pacific Coast Highway. "Section 5504 Plan Required . All proposed subdivisions, divisions of land, developments of property, and new buildings within the methane overlay districts shall be reviewed by the Fire Department . The Fire Chief may require a plan for the testing of site soils for the presence of methane gas . Such plan shall be subject to the approval of the Fire Department, and may include, but shall not be limited to, hammer probes , pneumatically driven probes, and core hole samples with monitoring for the presence of methane gas . The Fire Chief may require other actions as deemed necessary to insure the safety of the development or building site. "Section 5505 Testing_ Req_uired . Testing for the presence of methane gas shall be required to be carried out in accordance with the approved plan. Results of such testing shall be submitted to the Fire Department for review and analysis . "Section 5506 Mitigation Required . Anomalously high levels of methane gas in the near surface or subsurface soil layers may require mitigation before any grading, development, or building construction is allowed to take place. Such mitigation may include, but -is not limited to, the venting of abandoned oil wells , underground gathering and collection systems for gasses, vent systems , and flared vent systems . Other systems , devices , or components may be required as deemed necessary by the Fire Chief in order to insure the safety of the development and buildings . If the mitigation measure do not reduce the soil concentrations of methane to an acceptable level , or if other contaminants are present in the methane at a level which poses a threat to health and safety, further development may be halted until such time as the site is rendered safe from these hazards . "Section 5507 Isolation Barriers Required . New buildings which fall under the provisions and requirements of this article may require the installation of a continuous , flexible, permanent, and non-permeable barrier underneath all floor and foundation areas . Such barrier shall have and maintain a gas-tight seal around all penetrations in the barrier, and shall be a type approved by the Department of Community Development and the Fire Department . "Section 5508 Access . All methane gas mitigation systems required by this article shall be made accessible to city personnel for the purposes of monitoring , maintenance, and evaluation for effectiveness . "Section 5509 Areas Outside of Established Methane Overlay }' District Boundaries . Upon the determination of the Fire Department that hazard may exist from methane intrusion at a geographical location or area outside the boundaries established in Section 5503 above, the Fire Department may enforce any or all of the -3- i provisions of this article as deemed necessary by the Fire Chief to ,.1 preclude potential hazards from fire or explosion from methane gas accumulations . "Section 5510 Additional Remedial Measures . If the concentration of flammable gas in any building in the city reaches or exceeds twenty-five percent (25%) of the minimum concentration which forms an ignitable mixture with air at ambient temperature and pressure, the owner of such building shall hire a qualified engineer to investigate, recommend, and implement mitigating measures . Such measures shall be subject to the approval of the Department of Community Development and the Fire Department . " SECTION 3 : Sevgrability If any section, subsection, part, subpart, paragraph, clause or phrase of this ordinance, or any revision of the ordinance is for any reason held to be invalid or unconstitutional; the remaining sections , subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected, but shall remain in full force and effect . =' SECTION 4 T.; This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof . The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semi-weekly or weekly newspaper, published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. REST OF PAGE NOT USED -4- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a /P8Wpid meeting thereof held on the 5th day of July 1989 . �J Mayor, 'Pro-Tempore ATTEST: APPROVED AS TO FORM: J�� - 24-4-�' City Clerk City AttorneyM%,e(�._\'3 -g9 REVIEWE ND APPROVED: INITIATED AND APPROVED: City Administrator Chief, Fire Department J -5- ~d. No. 3004 r ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I , CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of.the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting therof held on the l21h ,day of June 19 89 and was again read to said City Council at a regular adjourned meeting therof held on the 5th day of July , 1989 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . ]Y 3 a AYES: Councilmembers: MacAllister. Green. Winchell , Mays, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: Bannister City Clerk and ex-officio Clerk of the City Council of' the City of Huntington Beach, California