HomeMy WebLinkAbout8.2 AlaCntyCUPA
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: DECEMBER 12,1995
SUBJECT:
Agreement to designate Alameda County as the Certified Unified
Program Agency (CUPA) for the City of Dublin
Report Prepared by: Steve Honse, Administrative Assistant
EXHmITS A TT ACHED: / Exhibit 1 - Draft agreement designating Alameda County as the
CUPA for the City of Dublin
/ Exhibit 2 - Resolution approving agreement
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RECOMMENDATION: <1\.:0JJ/~doPt resolution Authorizing Mayor to execute agreement
~\ designating Alameda County as the CUP A for the City of Dublin
FINANCIAL STATEMENT: The designation of Alameda County as the CUPA for the City of
Dublin will have no direct fmancial impact on City finances. All of
the program costs will be recovered from user fees levied by the
. County.
DESCRIPTION:
Senate Bill 1082 of 1993 (the Act), codified as Health and Safety Code Chapter 6.11, requires the
California Environmental Protection Agency to develop and implement a "unified hazardous waste and
hazardous materials management" regulatory program (the Unified Program) by January 1, 1996. . The
Unified Program will consolidate the following six existing programs:
· Hazardous waste generators and hazardous waste onsite treatment;
· Aboveground storage tanks (spill prevention control and countermeasure plan only);
· Underground storage tanks (except for requirements of Section 25297.1);
· Hazardous material release response plans and inventories;
· Acutely hazardous materials (Chapter 6.95, Article 2); and
· Uniform Fire Code hazardous material management plans and inventories.
The intent of the Act is to bring order to a process that has often times been fragmented among city, state,
and county agencies. The Act does not impose any new regulatory requirements upon the business
community. It only consolidates like functions under one regulatory umbrella. The goal of the Act is to
eliminate duplication and overlap and to achieve a process that has only one permit, one inspector, and one
fee for hazardous materials regulation.
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The Act requires the creation of a local Certified Unified Program Agency (CUPA) which is given tlte
responsibility for implementing the Unified Program within each jurisdiction. Prior to January 1, 1996, the
City has two options: The City may apply to become the CUP A for the City of Dublin, or the City may
designate another agency as the City's CUPA. In the event that the City does not exercise one of the .
above options, Alameda County will become the City's CUPA by default.
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Currently, the City contracts with Alameda County (the County) to perform all services that will be
consolidated under the Unified Program, excluding enforcement of the Hazardous Material Fire Code,
Article 80. The County has proposed to continue providing these services as the CUPA for the City. This
proposal has been formalized into the draft agreement under consideration tonight.
Analysis of Option 1 - City Designated as CUP A
The City has the option of becoming it's own CUPA. However, this option is problematic in several
respects. First the City would be required, under the Act, to demonstrate that the City has the technical
expertise to function as a CUP A. At a minimum, this would involve the direct expense of hiring an
employee or a consultant with specific expertise in environmental health. Second, the City would be
responsible for the implementation of all facets of the Act, including: inspection, enforcement, billing,
collection, and record retention. Since the City has limited experience in environmental health regulation
and would not benefit from economies of scale, there is a substantial likelihood that a CUP A, with
boundaries limited to the City of Dublin, would be the most expensive type to administer. Third, in the
event that program expenses exceed user fee revenue, the City would be forced to subsidize CUP A
activities from the General Fund.
Analysis of Option 2 - Designate Alameda County as the CUP A for the City
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Should the County be designated as the City's CUPA, they would continue to provide the same
environmental services as they currently provide under contract. The County proposal would involve no
direct cost to the City; All cost associated with administering the Unified Program would be recovered
from user fees levied by the County .
The Act authorizes the CUP A to assess fees which will enable full recovery of the cost of providing
services consolidated under the Act. However, the Act strictly limits those costs which are recoverable
through user fees. The Act mandates a fee accountability program to monitor and enforce the Act's
provisions related to fees. Under the terms of the proposed contract, the County will be required to justify
the fee schedule by accounting for staff work hours on a discrete billable basis. In practice, any calculation
of hours or rate charged can be verified for each activity.
This is a performance based contract. The County has agreed to a rigid set of performance standards
which are incorporated into the contract as attachment "A". These standards impose minimum frequencies
for inspections and permitting. Also imposed are maximum times allowable for technical review, plan
check, field appointments, and emergency response. Should the County fail to meet these performance
standards, they would be in breach of the agreement and subject to all legal remedies. Should the county
fail to cure any breach, the City would have the option to terminate the contract.
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Conclusion
.Since the County currently performs all environmental regulation for the City, they are a known
commodity. They have provided a satisfactory level of service to the City and this is likely to continue
should the County be designated as the City's CUPA. The contract retains local control and offers
:':~:'. additional protections to ensure that the high level of service will continue.
~'.Given the financial risks associated with designating the City as a CUPA and the County's satisfactory
record in providing health services, it is recommended that Council adopt the resolution authorizing the
Mayor to execute the agreement designating Alameda County as the City's CUPA.
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AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND
THE CITY OF DUBLIN FOR ADMINISTRATION OF THE
UNIFIED HAZARDOUS WASTE AND HAZARDOUS MANAGEMENT PROGRAM
This Agreement is made and entered into this day of
, 1995 between the County of Alameda ("County") and the
City of Dublin ("City") relating to the implementation of certain
hazardous materials and wastes laws within the City and County.
RECITALS
WHEREAS, state law adopted by SB 1082 of 1993, as
subsequently amended ("SB 1082") requires that County apply to
the California Environmental Protection Agency ("CalEPA") not
later than January 1, 1996 to become a Certified Unified Program
Agency ("CUPA") for the purpose of ensuring coordinated and
consistent regulation of hazardous materials and hazardous wastes
under specified laws within unincorporated areas of the County
and within the boundaries of those cities which are not certified
"as CUPAs;
WHEREAS, County and City presently regulate facilities
within City's boundaries that manage hazardous materials and
wastes, and desire to continue such regulation consistent with
the requirements of SB 1082 and CalEPA regulations implementing
SB 1082;
WHEREAS, County has determined to seek certification as a
CUPA for the Alameda County Department of Environmental Health
Division of Environmental Protection ("DEP"), and City has
determined not to seek certification as a CUPA or as a
Participating Agency ("PA"), but City and County desire County to
perform the functions described herein, and County warrants that
it has and will maintain technical competence and performance as
defined by CalEPA; and
NOW, THEREFORE, in consideration of the mutual promises,
covenants, representations and agreements contained herein, the
parties mutually agree as follows:
1.0 GENERAL PROVISIONS
1.1 Definitions of Terms. Terms used in this Agreement
have the meaning assigned them by state law as established by SB
1082 and subsequently amended (Health and Safety Code ~~ 25404-
25404.6), by CalEPA regulations implementing SB 1082 (27 CCR ~~
15100-15320), and by CalEPA technical guidance to implementation
of the law and regulations.
CUPA Agreement (Alameda County - Dublin) - 1
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1.2 Citations. Citations to California laws and
regulations are current as of the date of this Agreement. It is
the intent of the parties that this Agreement shall be
interpreted and applied to remain consistent with applicable laws
and regulations, incorporating any changes in statutory and
regulatory citations and references.
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1.3 Indemnification. Neither party shall be liable for the
negligent or wrongful acts of the other in performance of this
Agreement.
1.4 Response to Changing Requirements. Notwithstanding the
provisions of section 1.2, County and City shall reassess and
revise their respective roles and responsibilities when necessary
to respond to changes to applicable laws, or CalEPA regulations
or guidance regarding SB 1082. If the parties determine to
reallocate responsibilities, they will cooperate to comply with
applicable requirements to notify CalEPA and to satisfy CalEPA of
the appropriateness of such revision. (27 CCR ~~ 15300, 15310,
15320). This may include termination of this Agreement, as
provided in Section 1.5.
1.5 Termination. This Agreement shall continue in force
until terminated for any of the following reasons:
1.5.1 Force of Law. This Agreement shall terminate if
changes to state or federal law eliminate provisions for CUPAs, .'.
or render it unlawful or impractical for either party to continue
the Agreement.
1.5.2 Voluntary Withdrawal by County. This Agreement
shall terminate if County withdraws from its status as CUPA
within City's boundaries. Any voluntary withdrawal by County
shall only occur in compliance with any requirements promulgated
by CalEPA for such withdrawal. During the period between notice
and actual withdrawal, then County shall cooperate with City to
secure CUPA status for City. (27 CCR ~~ 15300, 15310). County
may not withdraw voluntarily until at least two (2) years after
DEP receives certification as a CUPA.
1.5.3 CalEPA Withdrawal of CUPA Status. Should CalEPA
determine to withdraw CUPA status, in whole or in part, from DEP,
then County and City shall work together to correct any
deficiencies noted by CalEPA as the basis for the withdrawal, or
to secure City status as the CUPA within City's boundaries. (27
CCR ~ 15320).
1.5.4 City Termination of CUPA Status. Should City
determine that County has failed to perform as mutually agreed
upon, then City shall notify County in writing, setting forth the
grounds for such determination. City and County shall then
cooperate to provide County the opportunity to correct the
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CUPA Agreement (Alameda County - Dublin) - 2
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deficiencies. Should County fail to correct such deficiencies,
then County shall notify CalEPA of County's intent to withdraw as
the CUPA covering City's boundaries, and shall cooperate with
City to secure CUPA status for City. (27 CCR ~ 15320).
2.0 COUNTY RESPONSIBILITIES
2.1 County CUPA Designation. County shall apply to CalEPA
seeking certification of DEP as the CUPA with jurisdiction within
City's boundaries. (27 CCR ~ 15120(a)).
2.2 County CUPA Application. County shall prepare its CUPA
application in cooperation with City, and shall incorporate the
terms of this Agreement, including the performance standards set
forth in Attachment A. (27 CCR ~ 15150).
2.3 Implementation and Maintenance of Unified Program.
Once certified as a CUPA with jurisdiction within City's
boundaries, DEP shall implement its responsibilities in
cooperation with City as set forth in this Agreement and in
compliance with CalEPA requirements to ensure that the Unified
Program is coordinated, consolidated, and consistent. (27 CCR ~
15180). These responsibilities shall include at least the
following:
2.3.1 County Implementation of Unified Program
Elements. DEP shall implement all Unified Program elements
within City's boundaries, including achievement of the
performance standards set forth in Attachment A to this
Agreement. DEP shall coordinate these activities with City.
2.3.2 Public Participation. DEP shall provide for
public participation, including when necessary public hearings
and a mechanism to receive and consider comments from regulated
businesses and the public. (27 CCR ~~ 15180)(a)(1),
15180(a)(6)).
2.3.3 Information Management. DEP shall develop and
implement procedures for information management, including
records maintenance, personnel records, use of forms, and data
management. (27 CCR ~ 15180(a)(2)).
2.3.4 Financial Management. DEP shall develop and
implement a financial management system, including mechanisms to
implement a single fee for all Unified Program billings within
five (5) years, and a fee accountability mechanism. (27 CCR ~~
15180(a)(3), 15210).
2.3.4.1 Fee Accountability Program. DEP shall
establish and implement a fee accountability program to
encourage the efficient and cost effective operation of the
CUPA Agreement (Alameda County - Dublin) - 3
Unified Program. The program shall at a minimum provide the
following elements: accounting for the fee schedule, actual
amounts billed, and revenue collected; accounting for staff
work hours on discrete billable services and Unified Program
implementation; direct and indirect program expenses;
numbers of regulated businesses subject to each Unified
Program element; and quantity and range of services,
including inspections. (27 CCR ~~ 15180(a)(3), 15210(b)).
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2.3.4.2 Billing and Collections. DEP shall
provide billings for Unified Program elements and
activities, as well as for the SB 1082 state surcharge. DEP
shall establish a fee dispute resolution system through
which DEP or a regulated business may bring and resolve fee
disputes.
2.3.4.3 Single Fee Program. DEP shall develop a
single fee system which will combine all Unified Program
billings to a regulated business. Once developed, within no
more than five (5) years, billing under this program will
supersede other Unified Program billings. (27 CCR ~~
15210(c), 15220, 15230)
2.3.5 CUPA Meetings. DEP shall convene meetings at
least quarterly of cities covered by DEP's CUPA activities, to
address issues related to SB 1082 implementation (27 CCR e-:
~15180(a)(7)(A)). DEP shall provide at least ten (10) days
written notice of the date, time and location of each meeting.
2.3.6 Reporting and Review. DEP shall conduct an
annual self-audit, and shall prepare a report of the audits
within ninety (90) days after the end of each fiscal year.
audit and report shall conform to the requirements for CUPA
audits (27 CCR ~ 15280). DEP shall submit these reports to
CalEPA and provide copies to City.
The
self-
2.4 Consolidated Permit Program. DEP shall develop and
implement a Consolidated Permit Program Plan, including at least:
system to define and consolidate Unified Program permits; a
single point of local contact with regulated businesses; a
consolidated permit application package; use of the statewide
contingency plan format once that format is promulgated; and
timely review, decisions, and issuance of permits. (27 CCR ~
15190).
2.5 Unified Inspection and Enforcement Program. County
shall develop and DEP shall implement a Unified Inspection and
Enforcement Program Plan, including at least: inspections for
each Unified Program element by the assigned agency consistent
with standards contained in applicable statutes and regulations;
provisions to encourage joint, combined and integrated/multi-
media enforcement inspections and enforcement including Unified
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CUPA Agreement (Alameda County - Dublin) - 4
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Program elements and other optional programs that DEP shall
choose to integrate with Unified Program activities; an
enforcement component with consistent notification procedures,
enforcement standards, and graduated enforcement actions and
penalties based on the severity of the violation; efforts to
eliminate duplication, inconsistencies and lack of coordination;
and provisions to review the inspection and enforcement program
at least annually. (27 CCR ~ 15200).
2.6 Single Fee System. County shall design and DEP shall
implement a single fee system replacing all fees now used to fund
activities being integrated into the Unified Program. The single
fee system shall reflect the costs to the CUPA to implement each
Unified Program element, and shall incorporate a fee
accountability program designed to ensure that fees do not exceed
such costs. Each billing shall itemize the elements being billed
for, including any recurring and nonrecurring charges, and the
state surcharge. DEP shall review and update the fee
accountability program at least annually, and shall report
annually to CalEPA the numbers of facilities subject to the s~ate
surcharge. The single fee system shall be implemented no later
than five (5) years after DEP receives certification as a CUPA.
(27 CCR ~ 15210).
2.7 Technical Expertise. DEP shall develop and maintain
sufficient technical expertise to perform its agreed upon
responsibilities under SB 1082, including at a minimum meeting
any standards developed by CalEPA (27 CCR ~ 15260) and the
performance standards set forth in Attachment A.
3.0 CITY RESPONSIBILITIES
3.1 Public Participation. City shall adopt and cooperate
with the program for public participation in SB 1082 activities
developed by DEP, including when necessary public hearings and a
mechanism to receive and consider comments from regulated
businesses and the public. (27 CCR ~~ 15180)(a)(1),
15180(a) (6)).
3.2 CUPA Meetings. An authorized representative of City
shall attend the periodic meetings between DEP and cities covered
by the CUPA, to address issues related to SB 1082 implementation
(27 CCR ~15180(a)(7)(A)).
CUPA Agreement (Alameda County - Dublin) - 5
4.0 ADMINISTRATION OF AGREEMENT
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4.1 County Administration. The County Program Manager for
this Agreement shall be the following person or his or her
designee:
Jun Makishima
1131 Harbor Bay Parkway, 2nd Floor
Alameda, CA 94502
(510) 337-9335 fax (510) 337-9335
4.1.1 Notice. County shall notify City in writing of
any change to this information.
4.1.2 Program Manager Responsibilities. The County
Program Manager shall be responsible for ensuring that the
objectives, standards and requirements of this Agreement are met
and for monitoring and evaluating DEP's performance.
4.2 City Administration. City's Program Contact for this
Agreement shall be the following person or his or her designee:
Richard Ambrose
100 Civic Plaza
Dublin, CA 94568
(510) 833-6650 fax (510) 833-6651.
4.2.1 Notice. City shall notify County in writing of
any change to this information.
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4.2.2 Program Contact's Responsibilities. City's
Contact Manager shall be responsible for ensuring that the
objectives, standards and requirements of this Agreement are met
and for monitoring and evaluating DEP's performance.
5.0 EFFECTIVE DATE
This Agreement shall become effective upon certification by
CalEPA of DEP as a CUPA.
COUNTY OF ALAMEDA, BY
CITY OF DUBLIN, BY
(Name, Title)
(Name, Title)
(Date)
(Date)
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CUPA Agreement (Alameda County - Dublin) - 6
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Attachment A:
Agreement between the County of Alameda and the City of Dublin
for the Administration of the Unified Hazardous Waste and
Hazardous Management Program
The DEP sets the following as standards of performance for services provided
to facilities regulated by the Unified Program.
Inspection Frequency:
· Minimum of once every three years for
· Underground Tank Program (UST)
· Hazardous Materials Release Response Plans (HMRRP)/Hazardous
Materials Management Plan (HMMP)
· Hazardous Waste Generator Program (HW)
· Tiered Permitting including Permit By Rule, Conditionally Authorized,
Conditionally Exempt (PBR, CA, CE)
Permitting Frequency:
· Underground Tanks
· Once every five years
· Tiered Permits
· Once every year
· Uniform Facility Permit! Facility Registration Form (FRF)
· Once every year. To include status of all relevant Unified Program
permits
Service Timetable:
· FRF application with components relevant to facility
· 5 working days for completeness review
· 20 working days for technical review
· Plan check for UST installation/Modification
· 10 working days
· Field appointments
· schedule within 2 working days of desired date
· Complaint response
· immediate response to major or serious complaint
· 10 working days response to minor or historical. complaint
· Emergency response
· 15 minutes for telephone response to OES call and telephone linkage
to scene. ETA varies.
Customer Input:
· Survey forms for counter service
.. Survey forms for FRF process
· Survey and public participation meetings for Fee adjustments
· Random follow up to facilities inspected for quality control of inspections.
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City Input:
· Regular meetings of council of cities represented by the DEP
· Annual self audit by DEP to be submitted to each city that will identity
· cost accounting
· services provided
· inspections/enforcement actions conducted
· Evaluation of proposed DEP fee increases or services provided
· Right to terminate contract and seek self certification if DEP fails to meet
State standards for CUPA or conditions of contract between city and DEP.
Response to Fire Department and City Staff:
· Designated staff available during work week via pager or office phone
number.
· Emergency Response staff available 24 hours per day via Alameda County
OES ...
· HMMP information available via paper copy or electronically. Updates to
information available by mutually agreed upon frequency.
· Designated Manger available:
· to meet and update City by mutually agreed upon frequency
· via pager and office telephone number
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RESOLUTION NO. . 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENT DESIGNATING ALAMEDA COUNTY AS THE CERTIFIED
UNIFIED PROGRAM AGENCY (CUPA) FOR THE CITY OF DUBLIN
WHEREAS, SB 1082 requires the California Environmental Protection Agency to implement a
"unified hazardous waste and hazardous materials management" regulatory program
(the Unified Program) by January 1, 1996; and
WHEREAS, SB 1082 requires the creation ofa Certified Unified Program Agency (CUPA) to
administer the Unified Program; and
WHEREAS, Alameda County currently provides the services to the City that will be
consolidated under the Unified Plan; and
WHEREAS, Alameda County has provided such services to the City in a satisfactory manner;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement with Alameda County designating Alameda County as the Certified Unified
Program Agency for the City of Dublin which is attached as Exhibit" 1".
BE IT FURTHER RESOLVED that that the Mayor is authorized to execute this agreement.
PASSED, APPROVED AND ADOPTED this 12 day of December, 1995.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
A ITEST:
City Clerk
Hlcc- formsjreso.doc
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