HomeMy WebLinkAbout05 - Authorization to Become a Participating Agency with the Orange County Health Care Agency as Part of a Certified Unified Program AgencyTo:
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[3Y THE CITY COUNCIL
CITY OF NE,\ RT PI ACEI
AY
1
2 1997
Honorable Mayor, Members of the City-Cbiffi
Timothy Riley, Fire and Marine Chief 7,/L_
( 3 U
May\12, 197
Council Agenda
Item No. 5
Authorization to become a participating agency with the Orange County
Health Care Agency as part of a Certified Unified Program Agency.
RECOMMENDATION
C a53)
Accept the recommendation of the Public Safety Committee and approve a
participating agency agreement with the Orange County Health Care Agency to
implement specific programs under the Certified Unified Program Agency.
BACKGROUND
In 1994, Governor Wilson signed SB 1082 into law. This law requires certain hazardous
materials regulatory programs to be administered under a Certified Unified Program
Agency (CUPA). This means, in each community, there must be a single permit system,
single coordinated inspection system, and a single fee system. The intent of the
regulations was to combine activities and reduce the number of inspections and impacts
on the business community. Six programs consolidated under this legislation were:
tiered permitting of hazardous waste generators, underground storage tank permitting
and inspection, aboveground storage tank spill prevention, hazardous materials lease
response plans and inventories, acutely hazardous materials risk management
prevention programs, and Uniform Fire Code hazardous materials management and
inventory program.
In March 1995, the City of Newport Beach entered into an agreement with Costa Mesa,
Fountain Valley, and Huntington Beach to propose a single Certified Unified Program
Agency as a Joint Powers Agency. This joint application was submitted to the
California Environmental Protection Agency on December 8, 1995, for their
consideration.
On December 31, 1996, we were notified that our application was denied due to
technical reasons and overlapping applications with the Orange County Health Care
Agency. We jointly appealed the denial. On March 27,1997, we were notified of the
final decision that our application was denied by the California Environmental
Protection Agency.
As a result of this denial, on April 28, 1997, a recommendation was forwarded to the
Public Safety Committee to authorize the Fire and Marine Department to continue to
manage th, e Hazardous Materials Disclosure Program and risk management planning in
the City of Newport Beach.
Fundamental to the emergency response efforts and capability of the Fire and Marine
Department is accurate and timely information regarding all chemicals and the
quantities within the community as well as the ability to intervene as future chemicals
and processes are proposed in Newport Beach. Therefore, it is recommended that the
City of Newport Beach continue to retain and provide disclosure services, fire code
emergency response plan services, and risk management program plan services as a
participating agency under the Orange County Health Care Agency CUPA.
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
FOR IMPLEMENTATION OF
UNIFIED PROGRAM ELEMENT REQUIREMENTS
This Agreement is made and entered into on this day of
199_, between the County of Orange, Health Care Agency, Environmental Health
Division, hereinafter referred to as "County", and the City of Newport Beach, hereinafter
referred to as the "City".
Recitals
WHEREAS, the Health and Safety Code, hereinafter referred to as "H&SC",
Section 25404(c) mandates that the County establish a Unified Program to consolidate
administration ofthe following requirements (collectively, "Program Elements"): .
6.5; A. The Hazardous Waste Generator Program, H&SC, Division 20, Chapter
B. The Aboveground Storage Tank Program Spill Prevention Control and
Countermeasure Plan requirements, H&SC, Division 20, Chapter 6.67,
Section 25270.5(c);
C. liiheUnderground Storage Tank Program, H&SC, Division 20, Chapter 6.7;
D. Hazardous Material Release Response Plans and Inventory Program,
HISSM, Division 20, Chapter 6.95, Article 1;
E. 111a, Risk Management Prevention Plan Program, applicable to acutely
hazardous materials, H&SC, Division 20, Chapter 6.95, Article 2;
F. Vw Hazardous Materials Management Plan and the Hazardous Materials
Ilnvtntory Statement requirements, Uniform Fire Code, Part 7; Article 80, .
�Secfon 8001.3.2 and Section 8001.3.3, as adopted by the State Fire
lVhal pursuant to H&SC Section 13143.9; and
WHBR H&SC Section 25404.1(b)(1) requires that the County apply for state
certification as a Certified Unified Program Agency (CUPA) to implement and operate the
Unified Program iroughout the unincorporated area of the County and in all cities within
the Countyithbtftwe not been certified as a CUPA; and
WHEIREAJ the County has submitted an application to become a CUPA; and
'I,
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WHEREAS, H&SC Section 25404.1(b)(3) authorizes the County to enter into
formal agreements with other qualified public agencies to implement and enforce certain
elements of the Unified Program as "Participating Agencies'; and
WHEREAS, the County wishes to have the City implement and enforce the
following requirements in all territory within the jurisdiction of the CITY: H&SC Division 20,
Chapter 6.95, Articles 1 and 2; and Subdivisions (b) and (c) of Section 80.103 of the
Uniform Fire Code, as adopted by the State Fire Marshal pursuant to Section 13143.9 of
the H≻ and
WHEREAS, the City is qualified and wishes to implement said requirements on
behalf of the County.
NOW, THEREFORE, the parties hereto mutually agree as follows:
Agreement
1. Program Elements to be Administered by the County
6.5;
The County, acting as the CUPA, shall administer the following program elements
relating to the following facilities and operations in all territory within its jurisdiction.
A. The Hazardous Waste Generator Program, H&SC, Division 20, Chapter
B. The Aboveground Storage Tank Program Spill Prevention Control and
Countermeasure Plan requirements, H&SC, Division 20, Chapter 6.67,
Section 25270.5(c);
C. The Underground Storage Tank Program, H&SC, Division 20, Chapter 6.7;
2. Program Elements to be Administered by the City
The City, acting as a Participating Agency, shall administer the following program
elements relating to the following facilities and operations in all territory within its
jurisdiction:
A. The Hazardous Material Release Response Plans and Inventory Program,
pursuant to H&SC, Division 20, Chapter 6.95, Article 1;
B
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
Page 3
B. The Risk Management Prevention Plan Program, applicable to acutely
hazardous materials, pursuant to H&SC, Division 20, Chapter 6.95, Article
2;
C. The Hazardous Material Management Plan and the Hazardous Materials
Inventory Statement requirements, pursuant to Uniform Fire Code, Part 7,
Article 80, Section 8001.3.2 and Section 8001.3.3, as adopted by the State
Fire Marshal pursuant to H&SC Section 13143.9, to the extent implemented
by the City.
3. County's Obligations
In accordance with H&SC Section 25404 et seq., and Title 27 of the California
Code of Regulations Sections 15100 et seq., the County shall:
A. Prepare and submit the application for CUPA certification to the State.
B. Represent the City at meetings and public hearings involved in the
application and certification process.
C. Conduct, at a minimum, quarterly meetings of Participating Agencies for the
purpose of establishing policies and procedures, resolving duplication and
ulatory overlap issues, encouraging uniformity, and communicating
enforcement actions, pursuant to 27 CCR 15180(a)(7).
D. 'Establish and implement Single
Section 25404.5(a) and 27 CCR
following elements:
Fee Billing System pursuant to H&SC
15210(a) and 15220, incorporating the
fly,, Fees and surcharges in an amount to cover the necessary and
reasonable costs incurred by the County and Participating Agencies
in implementing the Unified Program, including the state surcharge.
1(2� Methods for the collection and accounting of fees and surcharges.
(3) Policies and procedures for the adjustment of fees and assignment
of lost funds due to nonpayment.
E. laplement a Fee Accountability Program, pursuant to H&SC Section
25404.5(c) and 27 CCR 15210(b), to encourage efficient and cost effective
gyration of the Unified Program and annually review such Program.
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
Page 4
F. Collect fees for the City -administered program elements and disburse fees
collected to the City within 45 days of collection, or as otherwise agreed to
by the County and the City, pursuant to 27 CCR 15210(a)(4).
G. Consolidate, coordinate and make consistent any local or regional
regulations, ordinances, requirements or guidance documents related to the
implementation of Program Elements in cooperation with the City, pursuant
to H&SC Section 25404.2(a)(2).
H. Develop and Implement a single, unified Inspection and Enforcement Plan
in cooperation with the City and coordinate the Plan with inspection and
enforcement programs of other federal, state, regional and local agencies,
pursuant to H&SC Section 25404.2(a)(3) and (4).
I. Establish and implement a Dispute Resolution Process designed to resolve
problems pursuant to 27 CCR 15180(a)(4) and 15210(a)(9), and a process
for formal appeals from dispute resolution decisions.
J. Conduct an annual audit of the City performance, pursuant to 27 CCR
15280(a) and 15290(b), or as necessary to maintain the Unified Program
standards. Guidelines for content and conduct of the audits shall be
developed in cooperation with the City.
K. Enter into a Program Improvement Agreement with the City, pursuant to 27
CCR 15180(a)(8)(D), if the City ceases to meet minimum qualifications or
fails to implement its Program Elements. The Program Improvement
Agreement shall specify the areas of improvement, minimum
accomplishments necessary, and time frames which shall be met by the
City.
L. Establish procedures for removing or revoking Participating Agencies,
containing, at a minimum: notice; a statement of causes; public comment;
and appeal procedures, pursuant to H&SC Section 25404.3(d)(1)(13). The
County shall comply with such procedures prior to notifying the Secretary of
Cal -EPA that a Participating Agency no longer meets the minimum
qualifications, or fails to implement the Program Element.
V.
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
Page 5
M. Comply with all statutory and regulatory requirements pursuant to H&SC
Section 25404 et seq., and 27 CCR 15100 et seq.
4. The City's Obligations
In accordance with H&SC Section 25404 et seq., and Title 27 of the California
Code of Regulations Sections 15100 et seq., the City shall:
A. Attend and participate in all scheduled meetings with the County.
B. Maintain adequate resources to implement its Program Elements, pursuant
to 27 CCR 15170(1)(2).
C. Maintain training records and make training records available to the County
upon request pursuant to 27 CCR 15180(a)(2).
D. Institute procedures to respond to requests for information from the public,
from government agencies, and from emergency responders, pursuant to
27 CCR 15180(a)(2)(D).
E. Provide the County with all data required by the County to effectively
manage the Unified Program The data and information shall be submitted
in a timely manner and according to a frequency agreed upon by the
County and the City. The method of submittal will be agreed upon by the
County and the City.
F. Cooperate with the County in the development and implementation of a
Single Fee System and comply with all provisions in the System.
G. Establish fees for Program Elements which reflect the necessary and
reasonable costs of implementation, pursuant to 27 CCR 15230(a).
H. Notify the County of the cost of Program Elements and fees, pursuant to 27
CCR 15210(a)(4) and 15230(b), within 30 days following a written request
by the County.
Receive fees collected by the County for City -administered programs and
advise the County of any discrepancies within 30 days of receipt of the
fees. Both parties will work towards resolving any discrepancies.
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
Page 6
J. Determine any adjustment or waiver of fees that was erroneously charged
or computed for City -administered programs, at the discretion of the City
Council or as delegated.
K. Cooperate with the County in the consolidation of any local or regional
regulations, ordinances, requirements or guidance documents related to the
implementation of Program Elements.
L. Cooperate with the County in the development of a single, unified
Inspection and Enforcement Plan and comply with all provisions in the Plan.
M. Abide by the procedures established in the Dispute Resolution Process.
N. Cooperate with the County in its annual audit of the Program Elements
administered by the City.
O. Enter into a Program Improvement Agreement with the County if the City
ceases to meet minimum qualifications or fails to implement its Program
Elements, pursuant to 27 CCR 15180(a)(8)(D). The Program Improvement
Agreement shall specify the areas of improvement, minimum
accomplishments necessary and time frames which the City must meet.
P. Comply with all statutory and regulatory requirements pursuant to H&SC
25404 et seq. and 27 CCR 15100 et seq.
5. Indemnification
A. The City shall indemnify and hold the County, its officers, agents and
employees free and harmless from any claim or liability whatsoever, based
or asserted upon any act or omission of the City, its officers, agents and
employees, for property damage, bodily injury or death or any other
element of damage of any kind or nature, occurring in the performance of
this Agreement to the extent that such liability is imposed on the County by
the provisions of Section 895.2 of the Government Code and the City shall
defend, at its own expense, including attorney's fees, the County, its
officers, agents and employees in any legal action or claim of any kind
based upon such alleged acts or omissions.
B. The County shall indemnify and hold the City, its officers, agents and
employees free and harmless from any claim or liability whatsoever, based
9
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
Page 7
or asserted upon any act or omission of the County, its officers, agents and
employees, for property damage, bodily injury or death or any other
element of damage of any kind or nature, occurring in the performance of
this Agreement to the extent that such liability is imposed on the City by the
provisions of Section 895.2 of the Government Code and the County shall
defend, at its own expense, including attorney's fees, the City, its officers,
agents and employees in any legal action or claim of any kind based upon
such alleged acts or omissions.
6. Dispute Resolution
In the event that a dispute arises between the County and the City, the following
procedures will be followed in an effort to resolve the dispute.
1. The County and the City will meet and discuss the issues in an effort to
resolve the dispute. Both agencies shall respond to dispute inquiries in an
expeditious fashion.
2. If a satisfactory resolution cannot be reached, the County and the City will
meet with representatives of Cal/EPA in an effort to resolve the dispute.
3. If the previous measures have been unsuccessful in resolving the dispute,
each agency, will state their positions and recommended resolutions, in
writing. The County will submit both positions, without revision, to Cal/EPA,
following procedures established by Cal/EPA. The final decision of
CaVEPA is binding on both agencies.
7. Termination of -Agreement
Either party may terminate this Agreement by giving the other party six (6) months
written notice and upon approval of the Secretary of Cal -EPA.
8. Amendments
This Agreemnt sets forth the entire Agreement between the parties and any
modificatiormust be in the form of a written amendment agreed to and signed by
both parties.
9. SeverabDirity
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
Page 8
Each provision of this Agreement shall be interpreted in such a manner as to be
effective and valid under applicable law, but if any provision shall be invalid under
applicable law, it will be ineffective to the extent of such prohibition or invalidity
without invalidating the remainder of such provision or the remaining provisions of
this Agreement.
10. Notice
All notices and other communications shall be in writing and shall be effective
when deposited in the U.S. Mail, postage prepaid and addressed as follows:
To the County: Director of Environmental Health Division
Health Care Agency
County of Orange
2009 E. Edinger Ave.
Santa Ana, CA 92705
To CITY: Fire and Marine Chief
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California, 92658-8915
A party shall notify the other party of any change in its address.
,o
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
Page 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF NEWPORT BEACH
BY:
ATTEST:
BY:
Jan DeBay, Mayor DATED:
LaVonne Harkless, City Clerk DATED:
APPROVED AS TO FORM:
CITY ATTORNEY
BY:
Robert Burnham, City Attorney DATED:
COUNTY OF ORANGE
BY:
William Steiner DATED:
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD:
BY:
Darlene J. Bloom DATED:
Clerk of the Board of Supervisors of
Orange County, Califomia
APPROVED AS TOqHARM:
COUNTY COUNSEIL
It
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF NEWPORT BEACH
Page 10
BY:
Laurence M. Watson
County Counsel
NEWPORT BEACHAGR/CUPAFORMS, 4/14/97
DATED:
March 23, 1987
CITY OF ANAHEIM, CALIFORNIA 92803
Honorable Mayor/City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92662
Dear Mayor/City Council:
THE HONORABLE CITY COUNCIL
BEN BAY, Mayor
MIRIAM KAYWOOD, Mayor Pro Tem
IRV PICKLER, Councilman
FRED HUNTER, Councilman
M-TCE OF TH
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On July 18, 1985, a general meeting was held of the interested
cities who had responded to a letter from Charles Thompson,
City Administrator, Huntington Beach, inviting all cities to
attend a meeting regarding Hazardous Waste Management. Cities
in attendance were Fullerton, Orange, Fountain Valley, Irvine,
Santa Ana, Garden Grove, San Juan Capistrano, Brea, Anaheim,
Newport Beach, and Huntington Beach. Charles Thompson had
indicated that SCAG was forming a Southern California Hazardous
Waste Management Authority which would develop guidelines and
policies regarding hazardous waste for the whole region. He
also indicated that each county would have a county
representative and a city representative (selected by the
Orange County Division of the League of California Cities).
However, the City of Los Angeles and City of San Diego were
given authority for a third representative on this Southern
California Hazardous Waste Management Authority.
Representatives from the cities in attendance voiced a concern
over the fact that Los Angeles and San Diego could potentially
have a larger voice on Hazardous Waste Management than Orange
County. It was decided that those cities with mutual concern
would form a Joint Powers Authority and seek its own
representative on the Southern California Hazardous Waste
Management Authority.
On August 8, 1985, the interested cities met and decided that
they would each contribute an equal share toward the $10,000
payment required for initial membership into the Southern
California Hazardous Waste Management Authority. In addition,
they would request assistance from Harriett Weider to receive
an invitation to join the Hazardous Waste Management
Authority. At that meeting, Iry Pickler was selected Chairman
for the initial term, with Anaheim City staff providing the
necessary support to the JPA.
200 South Anaheim Boulevard, P. O. Box 3222, (714) 999-5166
i
F,
The Southern California Hazardous Waste Management Authority at
their meeting of April 24, 1986, extended an invitation to our
JPA to become a full member of the Board. As such, they have
now requested the $10,000 initiation fee from our JPA along
with an executed copy of our agreement which has been forwarded
to them. A fully executed copy of the agreement is attached
for your City Clerk's records.
A meeting of the JPA has been scheduled for Wednesday, April 8,
at 9:00 a.m., in the 7th Floor, City Manager's Conference Room
#2, at the Anaheim Civic Center. A part of the discussion will
center around selecting an alternate for Iry Pickler to the
Southern California Hazardous Waste Management Authority.
I hope that you will be able to attend. If you have any
questions please feel free to contact William Sell, at 999-5162.
Si c e r e-ly-,
IRV PI R
Chairman
Joint Powers Authority
Enclosure
cc: Anaheim City Manager/City Council
Bob Dunek
502W/bh