HomeMy WebLinkAboutUnified Hazardous Waste and Materials Management Program - SRECEIVED REQUEST FOR CITY COUNCIL ACTION
CITY CLERK
CITY OF
HUNTINGTON Bc .CND CALIF.
� L � ' a
Subm' d� : 'Q 39 IIo59rable Mayor and City Council
Submitted by:
Prepared by:
Subject
Michael T. Uberuaga, City AdministratorMV
Michael P. Dolder, Fire Chief
Date: December 19, 1994
VED BY CITY COiJNCIL
--- 19
LETTER OF INTENT TO APPLY FOR SB 1082 - UNIFIED PROGRAM
AGENCY STATUS
Consistent with Council Policy? [ X ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Senate Bill 1082 establishes a Unified Hazardous Waste and Materials Management Program which
consolidates regulatory, inspection and permitting activities of six (6) separate programs. A one (1) year
window exists whereby individual agencies, including cities, must decide the best way to provide hazardous
materials regulatory functions. Staff is requesting authority to take action that would maintain the City's
options while planning efforts continue.
RECOMMENDATION:
By motion, direct the Fire Chief to send a non -binding letter to the Secretary of the California Environmental
Protection Agency indicating the City of Huntington Beach's intent to apply as a Certified Unified Program
Agency for implementation of all Senate Bill 1082 program elements either as an individual agency or as a Joint
Powers Authority.
ANALYSIS:
Senate Bill (SB)1082 was enacted into law to establish a Unified Hazardous Waste and Materials Management
Regulatory Program, consolidating the regulatory, inspection and permitting activities for the following six (6)
programs:
• California Health and Safety Code Chapter 6.5 - Hazardous waste generator requirements.
• California Health and Safety Code Section 25270.5 - Aboveground storage tanks.
• California Health and Safety Code Chapter 6.7 - Underground storage tanks.
• California Health and Safety Code Chapter 6.95, Article 1 - Business and area plans and hazardous
materials inventories.
• California Health and Safety Code Chapter 6.95, Article 2 - Risk Management and Prevention Programs.
• Uniform Fire Code Section 80.103.(a) and (b) - Hazardous Materials Management Plans and Inventory
Statements.
SB 1082 also calls for the development of a single fee payment system and a fee accountability program,
designed to ensure that fees associated with the Unified Program elements reasonably cover the costs of
program administration.
Request for City Council Action
Letter of Intent to Apply for SB 1082
Page 2
The intent of the legislation is to reduce the number of regulatory agencies and requirements a business must
interact with to satisfy the requirements of the above referenced, and in some cases, redundant laws. To do this,
SB 1082 calls for the development of a Certified Unified Program Agency (CUPA), to be designated by the
Secretary of the California Environmental Protection Agency (Cal -EPA). The CUPA would oversee a
consolidated permit program, inspection and enforcement program, and single fee system. Each city
and/or county may apply for CUPA status. If a city does not apply, the County will automatically assume
CUPA authority in that city's jurisdiction. Therefore, should the City of Huntington Beach not obtain CUPA
status, the responsibility and authority for the consolidated programs would rest with the County of Orange.
The Huntington Beach Fire Department currently possesses administrative authority for three (3) of the six (6)
programs under the Unified Program which includes:
• California Health and Safety Code Chapter 6.95, Article 1 - Business and area plans and hazardous
materials inventories;
• California Health and Safety Code Chapter 6.95, Article 2 - Risk Management and Prevention Programs;
• Uniform Fire Code Section 80.103. (a) and (b) - Hazardous Materials Management Plans and Inventory
Statements.
As a CUPA, the City would assume the oversight responsibility for the remaining three (3) program elements.
This would provide a means for the City to consolidate other regulatory functions currently performed
by the County, such as the requirements for hazardous waste storage and handling and underground
storage tanks.
Should the City elect not to apply for, or be denied CUPA status, we would still be eligible to maintain our
administrative authority for the three (3) programs we currently administer. However, we would then be
obligated to coordinate all of our permitting, inspection, enforcement and fee collection activities through the
Orange County Health Care Agency (County CUPA).
The attached letter (attachment 1) is required to notify the Secretary of Cal -EPA of our intent to apply for
CUPA status. The City will then have a one (1) year period, ending January 1, 1996, to submit an application
package to Cal -EPA. This one (1) year period will allow the City to continue to investigate whether or not our
continued or increased involvement in hazardous materials regulatory activities is in the best interest of our
community, including companies doing business in Huntington Beach.
As part of the Public Safety Regionalization study which is currently underway, the City is also exploring the
possibility of a regional hazardous materials program which could include the cities of. Costa Mesa, Fountain
Valley, Newport Beach, Santa Ana, and Westminster. In order to preserve the City's individual opportunities,
as well as regional opportunities, the non -binding Notice of Intent (attachment 1) includes both options.
Request for City Council Action
Letter of Intent to Apply for SB 1082
Page 3
FUNDING SOURCE:
The non -binding letter of intent has no fiscal impact. The letter does allow the City the opportunity to explore
the service and cost benefits of any of four (4) options which include:
1. A City only program.
2. A regional JPA with surrounding communities.
3. A County only program.
4. A combination program of cities and the County.
ALTERNATIVE ACTION:
Do not submit a notice of intent to the State which, by default, would eliminate all City hazardous materials
enforcement authority beginning January 1, 1996.
ATTACHMENTS:
1. Letter of intent to the Secretary of the California Environmental Protection Agency.
MTU/MPD/gf
a:sb1082
A77" ACHMENT #1
City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648
FIRE DEPARTMENT
December 20, 1994
Mr. James Strock, Secretary
California Environmental Protection Agency
Unified Program Certification
c/o Department of Toxic Substances Control
PO Box 806
Sacramento, CA 98812-0806
RE: UNIFIED PROGRAM NOTICE OF INTENT TO APPLY
Dear Mr. Strock:
The City of Huntington Beach has administered Articles 1 and 2 of the California Health and Safety Code since
1987. Additionally, the City has adopted the Uniform Fire Code as the Huntington Beach Fire Code and enforces
Sections 80.103(b) and (c) requiring Hazardous Materials Management Plans and Inventory Statements. The
Huntington Beach City Council, as authorized by Title 27, California Code of Regulations, Division 1, has directed
me to inform you that the City intends to apply as a Certified Unified Program Agency for the implementation of
all SB 1082 program elements. The City's application package will be submitted to you on or before
January 1, 1996.
Additionally, the City of Huntington Beach is meeting with neighboring cities including: Costa Mesa, Fountain
Valley, Newport Beach, Santa Ana, and Westminster in order to explore the formation of a Joint Powers Authority
for the purpose of forming a regional CUPA. The City currently operates under a Joint Powers Authority for
emergency service delivery with four (4) of these cities. We feel this is a very feasible option warranting our
attention, and thus furthering the goals of SB 1082.
By copy of this letter of intent, we are also informing the Orange County Health Care Agency of the City's intent
to apply as a Certified Unified Program Agency.
If you have any questions, please contact me at 714-536-5402.
Sincerely,
Michael P. Dolder
Fire Chief
MPD/gf
c: Orange County Health Care Agency
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