Resolution No. 5353
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RESOLUTION NO. 5353
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING
RESPECTING THE COORDINATION OF HAZARDOUS
WASTE ENFORCEMENT EFFORTS BY THE STATE OF
CALIFORNIA, DEPARTMENT OF HEALTH SERVICES
AND THE. CITY OF VERNON, DEPARTMENT OF HEALTH
WHEREAS, both the City of Vernon and the . State Depart...
ment of Health Services wish to ensure a high level of coopera,'"
tion and coordination in the enforcement of State and local haz-
ardous waste program requ-irements: and
WHEREAS, the City of Vernon desires to enter into a
Memorandum. of Understanding with the State Department. .ofHea.lth
Services to provide a specific set of operating guidelines that
are designed to ensure that the limited resources of. the State
and the City are utilized in the most effective manner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
hereby finds and determines that the recitals conta:ined
hereinabove are true and correct.
SECTION 2: That the City Council of the City of Vernon
hereby approves the Memorandum. of Understanding, a copy of which
has been presented to the Ci ty Council concurrently with this
resolution and the City Council hereby orders s.aid Agreement to
be received and filed by the City Clerk.
SECTION 3: That the.City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Memorandum. of Understanding for, and on behalf of, the City of
1 Vernon.
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SECTION 4: The C,ityClerk of the City of Vernon . shall
3 certify to the passage of this resolution and thereupon and
4 thereafter the same shall be in full force and effect.
5 APPROVED ~D ADOPTED this 16th day of December, 1986.
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~~~..
t7Pi~Czfl. ~ .
A/1t
BRUCE V.
..2..
Resolution No.
5353
1 STATE OF CALIFORNIA )
) 55.
2 COUNTY OF LOS ANGELES )
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4 I,BRUGE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution,
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, was duly adopted by the City
the City of Vernon, and was approved by the Mayor.of said City
an adjourned
at}@C/regular meeting of the City Council held on Tuesday,
Dec~mher.16 ,19 '86
-3-
MEMORANDUM OF UNDERSTANDING
COORDINATION OF HAZARDOUS WASTE ENFORCEMENT EFFORTS BY
THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES
AND THE CITY OF VERNON, DEPARTMENT OF HEALTH
I. PURPOSE AND SCOPE
This Agreement is entered into between the State of California,
Department of Health Services (hereinafter referred to as "State") and the
City of Vernon, Department of Health (hereinafter referred to
as .City) to ensure a high level of cooperation and coordination in the
enforcement of State and- local hazardous waste program requirements. The
purpose of this Agreement is to provide a specific set of operating guidelines
designed to ensure that the limited resources of the State and City are
utilized in the most effective manner.
The State has primary responsibility for enforcement of hazardous
waste requirements in California. However, both parties recognize the
authority of the local Health Officer, pursuant to Section 25180 of the Health
and Safety Code, to enforce State standards and regulations adopted by the
Department.
II. PROCEDURAL AGREEMENTS
1. The State recognizes the authority of the IIealth Officer to
enforce minimum standards and regulations controlling hazardous waste
.adopted pursuant to Health and Safety Code Section 25150.
2. The State has the exclusive authority for the issuance of
hazardous waste facility permits pursuant to Article 9 of Chapter 6.5 of
Division 20 of the Health and Safety Code and for the registration of
hazardous waste transporters pursuant to Section 25163 of the Health and Safety
Code. The State has the primary responsibility for surveillance and
enforcement activities relating to compliance with these permits.
3. The City shall have the primary responsibility for the
surveillance and enforcement of the treatment, storage or disposal of
hazardous waste in instances other than those covered in item number II.2.,
except in those specific instances in which both parties mutually agree that
the State shall assume such responsibility.
4. Both parties shall be responsible for responding to
citizens' complaints relating to their respective responsibilities as described
in items II.2 and II.3 and shall promptly refer complaints to each other as
appropriate.
5. Pursuant to its primary responsibilities as described in item
II.3, the City may refer any matter to the appropriate prosecuting agency for
judicial action. The City agrees to abide by applicable State and Federal
procedural requirements governing such actions and shall provide the State with
a monthly list of such actions.
6. The City shall refer to the State for corrective action those
transporters or facilities which it discovers are not permitted or registered
or otherwise not in compliance with State hazardous waste permit requirements.
7. Both parties shall inform other legally responsible govern-
mental agencies of the hazardous material or hazardous waste conditions found
which are of concern to those agencies.
8. Both parties shall provide access to information and
records pertaining to hazardous waste generation, transportation,
treatment, storage, and disposal in the City of Vernon.
g. The City shall ensure that trade secrets obtained from the
State are utilized only in connection with its responsibilities under Chapter
6.5 and/or Chapter 6.8 of Division 20 of the Health and Safety Code and are not
otherwise disseminated without consent of the owner of the secret in accordance
with Health and Safety Code Sections 25173 and 25358.2.
10. The State shall provide consultation and training where
requested and to the extent possible to the City of Vernon Health Department.
11. For purposes of reassessing the MOU after the agreement has
been in operation: "This will remain in effect for two years after the date
signed by both parties. Prior to expiration, both parties agree to renegotiate
the division of responsibility described by this document and other issues as
necessary to develop a subsequent agreement."
12. This agreement may be terminated with a sixty (60) day
written notice from either party stating its reasons and intentions. At the
end of sixty days from the date of receipt of the Notice, this Memorandum of
Understanding would become void.
III. MONTHLY MEETINGS
The undersigned agree to Memorandum of Understanding meetings to
discuss and review the status of hazardous waste enforcement activities in
the City of Vernon.
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Such meetings shall include, but not be limited to, the following
subjects:
1. The status of all enforcement litigation.
2. Plans to refer any matter for enforcement.
3. Sites requiring inspection or investigation.
4. Newly uncovered situations which may warrant enforcement.
The parties to this Agreement further agree to make every effort to
keep each other informed of problems, issues and progress regarding hazardous
waste enforcement.
IV. EMERGENCY ACTION
The procedures of this Agreement shall not apply to situations where
either party must respond to an emergency situation. However, the parties
shall endeavor to communicate and coordinate the action to the maximum extent
possible.
Approved by:
_ _ 1986 c~ r
C. David Willis, Deputy Director
Toxic Substances Control Division
California Department of Health Services
~__-_~.-_f_-~v~_-~ C`~ 1986
Norman J. Mic i s; Health Officer r
City of Vernon
Health & Environmental Control Section
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Dece b r 1 1986
_ m_e- Z , 1986
Bruce V. Malkenhorst, City Administrator
City of Vernon
Approved as to form this ~ay of ~~~~p_ , 1986.
J
BY p
David B. Brearley, City Attorney
City of Vernon