Resolution No. 6330
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RESOLUTION NO. 6330
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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 CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL AND THE CITY OF VERNON
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WHEREAS, both the City of Vernon and the California
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Environmental Protection Agency, Department of Toxic Substances
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Control, (CAL EPA) wish to ensure a high level of cooperation and
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coordination in the enforcement of State and local hazardous waste
program requirements; and
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WHEREAS, the city of Vernon entered into a Memorandum of
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Understanding (MOU) with the State Department of Health Services on
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December 16, 1986 by Resolution No. 5353 to provide a specific set
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of operating guidelines that were designed to ensure that the
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limited resources of the State and the City were utilized in the
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most effective manner; and
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WHEREAS, the State Department of Health Services was the
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predecessor agency to CAL EPA, and the new MOU by CAL EPA grants the
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City of Vernon enforcement authority to conduct hazardous waste
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activities; and
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WHEREAS, the City of Vernon desires to reestablish a new
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MOU.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The City Council of the City of Vernon approves
2 the Memorandum of Understanding, a copy of which has been presented
3 to the City Council concurrently with this resolution, and the City
4 Council hereby orders said MOU to be received and filed by the City
5 Clerk.
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SECTION 3: The city Council of the City of Vernon hereby
7 authorizes the Mayor and the City Clerk to execute said MOU for, and
8 on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
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11 thereafter the same shall be in full force and effect.
12 APPROVED AND ADOPTED this 5th day of October, 1993.
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THOMAS A. YBA RA, Mayor Pro Tem
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17 BRUCE V. MALKENHOR T,
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1 STATE OF CALIFORNIA }
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2 COUNTY OF LOS ANGELES }
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I, BRUCE V. MALKENHORST, ci ty Clerk of the ci ty of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6330, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the city council duly held on
7 Tuesday, October 5, 1993, and thereafter was duly signed by the
8 Mayor Pro Tem of the city of
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BRUCE V. MALKENHORST, City Clerk
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MEMORANDUM OF UNDERSTANDING
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Coordination of Hazardous Waste Enforcement Efforts
by the
California Department of Toxic Substances control
and the
city of Vernon
I. PURPOSE AND SCOPE
This Memorandum of Understanding (MOU) is entered into between
the state of California, Department of Toxic Substances
Control (hereinafter referred to as the "Department") and the
City of Vernon (hereinafter referred to as the "City") to
ensure cooperation and coordination in implementing the
parties' j oint responsibilities under the Hazardous Waste
Control Law (HWCL). The purpose of this MOU is to provide a
specific set of operating guidelines designed to ensure that
the limited resources of the Department and city are utilized
in the most effective manner. The Health Officer of the City
shall enforce the provisions of this MOU pursuant to Health
and Safety Code section 25180.
C.
The city, in coordination with the
conduct inspections of hazardous
activities by transporters.
Department, may
waste handling
II. GENERAL PROVISIONS
A. The Department has the exclusive authority for the
issuance, denial, revocation, or suspension of hazardous
waste facility permits, and for the registration of
hazardous waste transporters, as specified in Health and
Safety Code (HSC) sections 25200 and 25163, respectively,
of the HWCL. Additionally, the Department has the
exclusive authority for interpretation of Department
permit and registration requirements for enforcement
purposes.
B. The City shall have the primary responsibility for
inspecting and taking enforcement action against
hazardous waste generators. The Department shall have
the primary responsibility for treatment, storage and
disposal facilities for which the Department has issued
a permit or interim status. The Department and the City
may enter into an agreement delegating some portion of
this responsibility to the city.
D. The Department and the city shall coordinate inspection
activities at facilities that are subject to 'both
Department and City oversight so as to eliminate
unnecessary duplication and minimize the effect on the
operations of these facilities.
E. The Department and the City shall be responsible for
responding to complaints relating to their respective
responsibilities and shall promptly refer complaints to
each other as appropriate. Findings and results of said
complaint investigations shall be provided by and to the
Department and the City within 30 days of request.
F. HSC section 25180 authorizes the City to refer any civil
action as provided for in HSC section 25181'. Referral of
a case to a prosecuting agency does not preclude the
Department from taking any action pursuant to the
California Health and Safety Code, Division 20, Chapter
6.8, sections 25300 et seq. The Department will notify
the City of any such actions.
G. The City shall take appropriate action on any information
which it receives concerning a violation of the HWCL or
any regulation or order issued pursuant thereto. Such
action may include transmittal of such information to the
appropriate city attorney ,or district attorney for
enforcement.
I. The Department and the City shall inform other
governmental agencies of hazardous material or hazardous
waste condi tions over which such agencies have
jurisdiction or when the Department or the city determine
that notification is appropriate or necessary.
H. The City shall refer to the Department for appropriate
action those transporters, sites or facilities which the
city discovers are not registered, permitted or otherwise
in compliance with Department hazardous waste
registration and permit requirements.
J . The city and Department seek to develop a hazardous waste
program that will prioritize the timing and frequency of
inspections of hazardous waste handlers based on the
environmental or public health threat posed by their
hazardous waste management activities, their compliance
history, and the complexity of the technology they
employ. The Department will make available to the City
the system it utilizes to establish inspection priorities
and the City may utilize hazardous waste inspection
report formats and checklists developed by the
Department. The City shall make it a priority to ensure
that all hazardous waste generators, as required, have
obtained a U.S. EPA or Department identification number,
whichever is applicable.
K. The City shall ensure that trade secrets, obtained for
purposes of enforcement of the HWCL, are utilized only in
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connection with its responsibilities under HSC Section
25180 and are not otherwise disseminated without the
consent of the owner in accordance with HSC sect.ion
25173.
L. To the extent funding is available, the Department shall
provide consultation, training, and lab services to the
city upon request.
M. The Department shall make available to the city any
information which it has pertaining to hazardous waste
generation, storage, transportation, treatment and
disposal in the jurisdiction of the city.
N. The Department and the City shall treat as confidential,
information pertaining to enforcement actions discussed
at meetings, or otherwise exchanged under this MOU,
including the planned dates of inspections.
O. The Department and the city are responsible for providing
each other with one copy of current regulations,
policies, procedures, management memos and guidance
documents that are mutually agreed to be important for
consistent implementation of the program. Each party
shall ensure the other set of documents are current, and
will designate an office as the repository for all
documents.
III~ COORDINATION OF MEETINGS
A. The undersigned, or their representatives, at a first
line supervisory level or above, agree to meet monthly,
or as mutually agreed, in a mutually agreed location to
discuss:
1. The status of all significant enforcement actions:
2. Plans to refer significant cases for litigation:
3. New or major sites requiring inspection or
investigation:
4. significant or unique situations which may warrant
enforcement action:
5. POlicies, procedures', regulations, statutes, and
data management practices:
6. Information about proposed new business activity
involving hazardous waste management that may
affect either party's program: and
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7. Any other relevant issues.
B. The undersigned or appropriate management level
representatives agree to meet monthly or as mutually
agreed, in a mutually agreed location, to discuss policy
level issues that impact the effective joint
implementation of the hazardous waste inspection and
enforcement program in the city.
IV. REPORTS
A. Every fiscal year, the city shall submit a report to the
Department's Surveillance and Enforcement Branch,
Sacramento Headquarter's Office and the Region Office.
This report is due 90 days after the end of each state
fiscal year. The report shall list all inspections and
enforcement activities conducted by the City, including
at least the following information:
1. Name and address of generator.
2. EPA or State ID #.
3. Date of Inspection
4. Types of Violations Detected.
5. Type of Enforcement Action Taken (informal, civil,
criminal, administrative).
6. Date Enforcement Action Commenced.
7. Date Enforcement Final.
8. Terms of Final Enforcement Action (including fines
or penal ties, agency costs recovered, jail
sentences imposed).
9. For formal enforcement actions, the Date facility
returned to compliance.
B. The Department will provide the City with information
similar to Paragraph A above within 90 days of the end of
each fiscal year.
C. The City understands that additional reports similar to
the above meeting U.S. EPA and Department needs may be
necessary. The frequency and content of these reports
will be determined in consultation with the City. These
reporting requirements will be formalized as an addendum
to the MOU.
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V. CRIMINAL INVESTIGATIONS
Nothing in this agreement shall be construed to limit either
party's ability or. authority to investigate criminal
violations of the HWCL. The Department will notify the city
of any investigation of generators or transporters. The City
will notify the Department of any investigation of treatment,
storage or disposal facilities or transporters. When both
parties have the same active complaint investigation, they
will coordinate and designate lead and support roles. In the
event that agreement is not reached, the agency that first
initiated the investigation shall be the lead agency.
VI. EMERGENCY ACTION
The procedures in thisMOU shall not apply to situations where
ei ther party must respond to an emergency. However, the city
and the Department shall communicate with one another
regarding emergency response actions and provide mutual
assistance to the maximum extent possible.
VII. TERM
A.
This MOU shall become effective upon signature by both
parties.
B.
This MOU may be terminated with a sixty (60) day written
notice from either party served by certified mail. The
notice shall state the party's reasons for terminating
the MOU. The receiving party shall have thirty days to
respond. Sixty days after receipt and said notice, this
MOU shall become void.
c.
This MOU shall immediately terminate upon notice from the
Department if the city program responsible for the
enforcement of the HWCL is no longer under the
responsibility of the office of the signatory to this
agreement.
VIII.
POLLUTION PREVENTION
The Department and the city shall cooperate in the
implementation of the pollution prevention program which
is attached hereto as Exhibit A and made a part hereof by
reference.
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EXHIBIT A
Pollution Prevention
The Department and City have as a
the generation of hazardous waste.
the city shall work together
minimization.
mutual goal the minimization of
To this end, the Department and
to promote hazardous waste
Appropriate city activities include:
1}. Checking for compliance with Health and Safety Code
sections 25244.12 through 25244.25, and sections
25244.15, 25244.19, and 25244.22 (facility waste
minimization planning requirements), and for compliance
with manifest waste minimization certifications;
2}. Distributing pollution prevention information (e.g., fact
sheets and checklists).
3}. Participating in the appropriate regional pollution
prevention committee:
a}. the Southern California Pollution Prevention
Committee;
b}. the Central Valley Hazardous Waste Minimization
Committee;
c}. the Bay Area Hazardous Waste Reduction Committee;
This will facilitate communication and cooperation among
local programs.
4}. Developing and implementing waste minimization workshops
and seminars that provide assistance to businesses
wishing to reduce their waste generation.
5}. Distributing waste minimization/pollution prevention
information to businesses via chambers of commerce,
business license counters, planning agencies, etc.
6}. Distributing information concerning available financial
assistance for waste minimization/pollution prevention;
and;
7}. Other appropriate activities as identified.
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The Department shall provide support to the city waste minimization
program by:
1} . Providing program guidance when requested;
2). Providing hazardous waste minimization/pollution
prevention materials, such as fact sheets, checklists,
inspector manuals, videos, etc.;
3). Participating as speakers/facilitators in city-sponsored
waste minimization events, such as seminars and
workshops;
4). Providing training, when resources allow, for both
Department and City waste minimization staff; and
5}. Other support activities as identified.
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D te
, Deputy Director
Hazardous Waste Management Program
Department of Toxic Substances Control
California Environmental Protection Agency
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Surveillance and Enforcement Branch
Region 3
, Chief
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DATE
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BRUCE V. MALKENHORST,
CITY OF VERNON
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ayor Pro Tern /
ATTEST:
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APPROVED AS TO FORM:
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DAVID B. BREARLEY, 'City Atto ey
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