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Home My WebLink About06 - Unified Program Element Requirements0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 February 24, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Tim Riley, Fire Chief, 644 -3101, triley @city.newport- beach.ca.us SUBJECT: First Amendment to Agreement for Implementations of the Unified Program Element Requirements between County of Orange and City of Newport Beach RECOMMENDATION The City Council approve the First Amendment, hereinafter referred to as "Amendment", to Agreement for Implementation for Unified Program Element Requirements, hereinafter referred to as "Agreement', between the City of Newport . Beach and the County of Orange and authorize the Mayor to execute the amendment. DISCUSSION: Background: In 1994, Governor Wilson signed SIB 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, above ground 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. Under this law, the City of Newport Beach, as the agency with the responsibility for administering the hazardous materials disclosure program and the California Accidental Release Prevention Program, was mandated to integrate their responsibilities with all of the other programs under the oversight of the Orange County Health Department that has been designated by the State of California as the oversight agency in Orange County. This agreement contractually identifies the responsibilities of each of the agencies as prescribed by the State and agreed to with the County Health Department. On June 24t", 1997, the City entered into agreement between the City of Newport Beach and the County of Orange for implementation of Unified Program element requirements. This Agreement identifies the obligations of both the City of Newport Beach and the County of Orange in implementing the various programs. The proposed Amendment reflects the request of the County of Orange, to change the obligations of the City of Newport Beach regarding the implementation of the California Accidental Release Prevention Program, hereinafter referred to as "Cal /ARP ", previously known as the Risk Management Prevention Plan Program. The Cal /ARP has been removed from the list of elements the City is responsible for reviewing and is assumed by the County of Orange. Environmental Review: The Amendment presents no alterations to the environmental status. Attachments: First Amendment to Agreement for Implementation of Unified Program Element Requirements between County of Orange and City of Newport Beach Prepared by by: • Dennis Lockard, Fire Marshal Timothy Riley, Fire Chief • FIRST AMENDMENT TO AGREEMENT FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS BETWEEN COUNTY OF ORANGE AND CITY OF NEWPORT BEACH THIS FIRST AMENDMENT TO AGREEMENT entered into this day of 2004, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE HEALTH CARE AGENCY, ENVIRONMENTAL HEALTH DIVISION (COUNTY) and THE CITY OF NEWPORT BEACH (CITY), whereby the parties agree to amend that certain Agreement for the Implementation of Unified Program Element Requirements, dated June 24, 1997 (AGREEMENT). Section 1 of the AGREEMENT is amended to read as follows: "Program Elements to be Administered by the County 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 6.5; 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; and D. The California Accidental Release Prevention Plan Program, H &SC, Division 20, Chapter 6.95, Article 2." 2. Section 2 of the AGREEMENT is amended to read as follows: "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; and B. The Hazardous Materials 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." In all other respects, the terms of the AGREEMENT not specifically changed by this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement, in the County of Orange, State of California. CITY OF NEWPORT BEACH BY: DATED: Tod W. Ridgeway Mayor ATTEST: BY: DATED: LaVonne Harkless City Clerk APPROVED AS TO FORM: CITY ATTORNEY BY: DATED: TITLE: COUNTY OF ORANGE BY: DATED: Thomas W. Wilson Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: mm Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: GIs i%6 EPUT DA DATED: