Resolution No. 6572
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RESOLUTION NO. 6572
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING HEALTH DEPARTMENT ISSUANCE OF
LETTER OF INTENT TO APPLY AS THE CERTIFIED
UNIFIED PROGRAM AGENCY
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WHEREAS, California Health and Safety Code, Division 20,
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Chapter 6.11 was approved by the Governor on September 20, 1993;
and
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WHEREAS, the California Environmental Protection Agency
adopted emergency regulations (California Code of Regulations,
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Title 27) pursuant to the law on November 14, 1994; and ,
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WHEREAS, the intent of the law and regulations is to
unify hazardous waste and hazardous materials management programs
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at the local level in a business friendly manner; and
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WHEREAS, the regulations specify a city agency must
notify the California Environmental Protection Agency of its
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intent to apply as a Certified Unified Program Agency; and
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WHEREAS, the Health Department currently administers the
Underground Tank, Hazardous Materials Control, Hazardous Waste,
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and Risk Management and Prevention Programs which are included in
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the certification process; and
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WHEREAS, the City is interested in providing businesses
with local agency services whenever feasible.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
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are true and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
2 approves the issuance of a letter to the California Environmental
3 Protection Agency advising of the City of Vernon's intent to apply
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SECTION 3: The City Clerk of the City of Vernon shall
6 certify to the passage of this resolution and thereupon and
7 thereafter the same shall be in full force and effect.
8 APPROVED AND ADOPTED this 3rd day of January, 1995.
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ATTEST: /~........
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12 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6572, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, Januarv 3, 1995, and thereafter was duly signed by the
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Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(213) 583-8811
ENVIRONMENTAL HEALTH DEPARTMENT
September 10, 1996
TO: Vernon's Hazardous Materials Establishment Owners and Interested Parties
SUBJECT: NOTICE OF HEARING REGARDING THE CITY OF VERNON'S UNIFIED
HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT
REGULATORY PROGRAM (UNIFIED PROGRAM) APPLICATION
On September 25, 1996, the California Environmental Protection Agency (CAL-EPA) will convene
a public hearing regarding the City of Vernon's application for certification to implement the Unified
Program. The Unified Program is intended to assist businesses by streamlining the regulation of
hazardous materials and hazardous wastes.
HISTORY:
In 1993, Senate Bill (SB) 1082 was signed into law. The law established the concept of a Unified
Program. The Unified Program is intended to. consolidate, coordinate, and make consistent the
regulation of the following six existing State mandated programs:
· Hazardous Waste Generator and Hazardous Waste Onsit'e Treatment
· Underground Storage Tanks
· Hazardous Materials Monitoring
· Risk Management and Prevention
· Aboveground Tank Spill Prevention Control and Countermeasure Plan (SPCC)
· Uniform Fire Code Hazardous Materials Management Plan
The bill was prompted by a concern about the burden on California businesses caused by the fact that
these programs were administered by as many as six different agencies and their inspectors. The
Unified Program law was designed to ease the burden by requiring local agencies to coordinate
inspections, and create a single consolidated permit for all six programs.
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CURRENT VERNON STATUS:
The City of V' ern on cUITently administers all of the above programs, except the Aboveground Storage
Tank SPCC Program which is handled by the State and regional water board.s. Vernon has applied
for ceI1ification to implement the Unified Program in an effort to maintain the city's historical record
of providing Vernon businesses with environmental compliance assistance at the 10calleveI. The
alternative would be for Los Angeles County to implement the Uniform Program.
OVER
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City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(213) 583-8811
Notice of Public Hearing
on
Applications for Certification of a Unified Hazardous Waste and
Hazardous Materials Management Regulatory Program
In
Los Angeles County, California
Hearing Opportunity: In response to an application for certification as a Certified Unified Program
Agency (CUPA) received from the City of Vernon, the Secretary of the California Environmental
Protection Agency (Secretary) will be holding a public hearing. The Department of Toxic Substances
Control (DTSC) will conduct the hearing on behalf of the Secretary.
The hearing is set for:
Wednesday, September 25, 1996 at 10:00 A.M.
Santa Fe Springs City Council Chambers
11710 East Telegraph Road
Santa Fe Springs, CA 90670
The City of Vernon's Proposed CUPA Application: The proposed application, if approved, will
provide the City of Vernon the sole authority to implement the Unified Hazardous Waste and
Hazardous Materials Management Regulatory Program (Unified Program) within its jurisdiction. In
developing the local Unified Program, a CUP A must establish a program which consolidates,
coordinates, and makes consistent the administrative requirements, permits, inspection activities,
enforcement activities, and hazardous waste and hazardous materials fees.
Information Repository: All interested parties are encouraged to visit an information repository to
review the City of Vernon's application prior to the Public Hearing. The Secretary shall consider
comments received at the public hearing as part of the determination of whether an applicant should
be certified. If you are unable to attend the public hearing, please provide your comment in writing
before the public hearing date to the DTSC Regional Office.
The information repository location where the Unified Program Application for the purposed
jurisdiction can be reviewed is:
City of Vernon Health Department
4305 Santa Fe Avenue, 2nd Floor
Vernon, CA 90058
Monday - Thursday, 7:00 A.M. - 5:30 P.M.
September 11 - 24, 1996
For additional information, please contact Lewis Pozzebon, 213-583-8811, Ext. 229.
si:hzmtlpubhear.cup
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. General
Senate Bill 1082 of 1993 (Health and Safety Code Chapter 6.11) requires the Secretary of the
California Environmental.Protection Agency (CalIEP A) to establish a "unified hazardous waste and
hazardous materials management" regulatory program (Unified Program) by January 1, 1996. The
Unified Prognmt.consolidates, coordinates, and makes consistent the following six existing programs:
. Hazardous Waste Generators and Hazardous Waste Onsite Treatment,
. Aboveground Storage Tanks (spill prevention Control and countermeasure plan only),
UndergJ;()und Storage Tanks,
Hazardous Material Release Respo~e Plans and Inventories,
Risk Management and Prevention Program, and
. Uniform Fire Code Hazardous Material Management Plans and Inventories.
A local agency, such as a county, city, or Joint Powers Agency, applies tQ CallEPA to be a Certified
Unified Program Agency (CUPA), responsible for implementing the Unified Program within its
jurisdiction, In. deyeloping the local Unified Program, a CUP A .must establish a program which
consolidates, coordinates, and makes consistent the administrative requirements, permits, inspection
activities, enforcement activities, and hazardous waste and hazardous materials fees. The ,
implementation of the Unified Program must not result in more fragmentation between jurisdictions
than existed before the Unified Program, and the Unified Program must be consistent throughout the
entire county.
. '6p~c Elements
1. Consolidate i1dministrative Procedures. The Unified Program must consolidate existing
administrative procedures in public participation, information management, financial management,
dispute resolution, fonnal appeal processes, coordination meetings, participating agency management,
self auditing, reporting, and processes for receiving comments about the local Unified Program from
facilities and the public.
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5. Annual State Surcharge. The Single Fee System will include the assessment of an annual state
surcharge on each regulated business. This surcharge replaces the Tiered Permitting fees and .
Underground Storage Tank surcharge for the subject programs and will be used to support necessary
and reasonable state activitjes to manage the requirements of the statewide Unified Program.
CalIEPA will determine the annual surcharge based 011 the reasonable and necessary costs to state
agencies of conducting activities required under the Unified Program~ This surcharge will not be
assessed on programs voluntarily added to the Unified Program. Cal/EPA will publish the surcharge
amount in the California Regulatory Notice Register by March 1 annually. The annual surchaJ;"ge will
consist of:
. a component for general program oversight. assessed on all regulated businesses.
. a component. assessed on regulated businesses for each underground storage tank, and
. a component. assessed on regulated businesses conducting hazardous waste treatment
activities und~r the conditionaliy exempt, conditionally authorized, and permit-by-rule tiers.
For 1996. the general program oversight portion of the state surcharge has been set at $20 per
. business. The other two components of the state surcharge will be funded when most local agencies
are certified. expected to be in Fiscal Year 1996/1997.
6. Fee Accountability Program. Each CUP A and CallEP A will establish and maintain a fee
accountability program. designed to encourage more efficient and cost-effective operation of the
program for which the single fee and surcharge are assessed. The CUP A and participating agenci~
must annually review and update their respective fee accountability programs.
· Other Requirements
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The CUP A must maintain an annuaI selfaudit and specific summary reports on file. available for
CallEP A's review upon 60 days notice. The CUP A is required to review its participating agencies on
an annual basis at the time of the self audit. The CUP A files must include a self.audit which includes
the following: an evaluation of participating agency performance; summaries of program element
activities; a summary of Single Fee System activities; a summary of the progress made toward
consolidating. coordinating. and making consistent the original six programs; a record of changes in
local ordinances, resolutions and agreements affecting the Unified Program; and a summary of the
annual review and update of the fee accountability program. .
The Secretary will review a CUPA's ability to. implement the Unified Program at least once every
three (3) years. If the Secretary fmdsthe CUP A deficient, the Secretary will enter into a program
improvement agreement with the CUPA to correct the deficiencies. If the CUPA fails to improve.
the Secretary may issue a Notice of Intent to withdraw certification. .
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· For additUmal infonnation, please coritact Tam D04uc, Cal/EPA, at (916) 322-8284,
or Paula Rpsmussen, Department of Toxic Substances Comrol, at (310) 590-5523.
FACT SHEEr
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January 1996