Item 11 - Designation of a Unified Program Agency Hazardous Waste Regulation
AGENDA REPORT SUMMARY
TO:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City M~
John D. Fitch, Assistant City Manager ~
Mark A Sanchez, Director of Safety Services
Garry L. MacPherson, Battalion Chiefß.~.
INITIATED BY:
DATE:
SUBJEcr:
February 7,1995
DESIGNATION OF A UNIFIED PROGRAM AGENCY FOR HAZARDOUS
WASTE AND HAZARDOUS MATERIAlS REGUlATION
ABSTRAcr
In 1993, the California legislature passed Senate Bill 1082 to reduce the regulatory burden on the business
community by consolidating duplicative regulatory programs. SB 1082 provides for this consolidation to
occur under the administration of San Die£o County's Environmental Health Services (EHS). To achieve
the consolidation goal, it is necessary for e City of Poway to designate San Diego County's EHS as the
Unified Program Agency through the submittal of a resolution.
ENVIRONMENTAL REVIF.W
Not subject to CEQA guidelines.
FISCAL IMPACT
None.
ADDmONAL PUBliC NOTIFICATION
None.
RECOMMENDATION
It is recommended that the City Council approve and adopt the attached resolution designating San Diego
County EHS as the Pr°P3!1 Agency for hazardous waste and hazardous materials regulation.
.
ACTION
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ITEM 11
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~AGENDA REPOI .
CITY OF POWAY
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion. please flll out. slip indicating the report number
and give it to the City aerk prior to the beginning of the City Council meeting.
TO:
FROM:
The Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
John D. Fitch, Assistant City Manager /J..
Mark A. Sanchez, Director of Safety Service~
Garry L. MacPherson, Battalion Chief ~-
INITIATED BY:
DATE:
SUBJECT:
February 7, 1995
DESIGNATION OF A UNIFIED PROGRAM AGENCY FOR
HAZARDOUS WASTE AND HAZARDOUS MATERIALS
REGULATION
BACKGROUND
In 1993, the California legislature passed Senate Bill 1082 to reduce the regulatory burden on the
business community by consolidating duplicative regulatory programs. Senate Bill 1082 mandates
that administration of six specified hazardous waste and hazardous materials regulatory programs be
consolidated under a Unified Program Agency. The bill also requires that the Unified Program
Agency be certified by the Secretary of the California Environmental Protection Agency (EP A).
F1NDINGS
Environmental Health Services (EHS) currently administers a consolidated regulatory program for
hazardous waste/materials handling and related emergency planning for all eighteen cities as well as
the unincorporated areas of San Diego County.
The county's current efforts already include the first five of six areas identified for regulatory
consolidation. These areas are:
1.
2.
Hazardous waste generation (Health and Safety Code, Chapter 6.5)
Underground Storage Tank Operation (Health and Safety Code, Chapter 6.7)
3.
Hazardous Materials Inventories and Release Response Plans (Health and Safety Code, Chapter
6.95).
4.
5.
Acutely Hazardous Materials Handling (Health and Safety Code, Chapter 6.95).
Hazardous Materials Management Plans and Inventory (Uniform Fire Code, Section 80.103 (b
and c).
ACTION:
rl:.D
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Agenda Report
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The sixth program component, an Above-ground Storage Tank Spill Prevention Plan (ASTSPP) is
administered by the Regional Water Quality Control Board (RWQCB). EHS is working with the
RWQCB to coordinate these efforts.
The Department of Health Services, Environmental Health Services is preparing a Unified Program
Agency certification application for submission to the Secretary of the California EPA This
certification, supported by local industry organizations, including the Industrial Environmental
Association, will decrease regulatory duplication in San Diego County.
ENVIRONMENTAL REVIEW
Environmental review is not required for this item under California Environmental Quality Act
guidelines.
FISCAL IMPACT
None.
ADDmONAL PUBliC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council approve and adopt the attached resolution designating San
Diego County Environmental Health Services as the Program Agency for hazardous waste and
hazardous materials regulation.
JLB:JDF:MAS:mjl
Attachment:
Resolution
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RESOLUTION NO. 95--
RESOLUTION OF TIlE OTY COUNCIL
OF TIlE CITY OF PO WAY, CALIFORNIA
DESIGNATING TIlE SAN DIEGO COUNTY DEPARTMENT OF
ENVIRONMENTAL HEALTII AS TIlE UNIFIED PROGRAM AGENCY
FOR HAZARDOUS WASTE & HAZARDOUS MATERIAlS MANAGEMENT
WHEREAS, Chapter 6.11 of Division 20 of the California Health and Safety Code (HSC)
requires that administration of six specified hazardous waste and hazardous materials management
regulatory programs must be consolidated as a Unified Program; and
WHEREAS, HSC Chapter 6.11 requires that an agency which administers any of the
specified unified program components must be certified under a Unified Program Agency by the
Secretary of the California Environmental Protection Agency; and
WHEREAS, those Unified Program components specified in HSC Chapter 6.11 include
the requirements of HSC Chapter 6.5 (commencing with Section 25100) related to hazardous
waste generators and on-site waste treatment; HSC Chapter 6.7 (commencing with section 25280)
related to construction, operation, and removal of underground storage tanks; Article 1 of HSC
Chapter 6.95 related to hazardous material release response plans and inventories; Article 2 of HSC
Chapter 6.95 related to with the management of acutely hazardous materials; HSC Section
25270.5(c) related to aboveground storage tank spill prevention control and countermeasure plans;
and Uniform Fire Code (UFC) Section BO.103(b and c) related to hazardous materials management
plans and inventories; and
WHEREAS, HSC Section 25509.2 eliminates duplicative reporting requirements by
deeming that reports f1!ed under HSC Chapter 6.95, Articles 1 and 2, shall have met the require-
ments of UFC Section 80.103 (b&c); and,
WHEREAS, the San Diego County Department of Environmental Health (previously know
as the Department of Health Services, Environmental Health Services) currently administers
regulatory compliance for five of the six Unified Program components in the City of Poway; and
WHEREAS, the De~artment of Environmental Health, serving as a Unified Program
Agency, will coordinate admInistration of the sixth Unified Program component, the Aboveground
Storage Tank Spill Prevention Control and Countermeasure Plans, with the San Diego Regional
Water Quality CoptrQt Board;
NOW, TIlEREFORE, BE IT RESOLVED, that the Poway City Council designates the San
Diego County Department of Environmental Health as the Unified Program Agency for the above-
listed six programs as they relate to hazardous waste and hazardous materials regulation in this
jurisdiction.
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ITEM 1
Resolution No. 95-
Page 2
PASSED AND ADOPTED by the City Council of the City of Poway, County of San Diego, State
of California, this 7th day of February, 1995 by the following vote:
Don Higginson, Mayor
ATTFST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA
COUN1Y OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing
Resolution No. 95- , was duly adopted by the City Council at a meeting of said City Council
held on the 7th day of February 1995, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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