Resolution No. 6719
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RESOLUTION NO. 6719
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE FILING OF AN APPLICATION TO
QUALIFY AS A CERTIFIED UNIFIED PROGRAM AGENCY
WITH THE CALIFORNIA ENVIRONMENTAL PROTECTION
AGENCY AND AUTHORIZING THE EXECUTION THEREOF
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WHEREAS, California Health and Safety Code, Division 20,
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Chapter 6.11 (Section 25404, et sea.) provides for a "unified
hazardous waste and hazardous materials management regulatory
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program" within the State of California pursuant to which the City
of Vernon can be authorized to act as a "certified unified program
agency" (CUPA) to enforce specified programs; and
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WHEREAS, the intent of the law and regulations is to
unify hazardous waste and hazardous materials management programs
at the local level in a business friendly manner; and
WHEREAS, the California Environmental Protection Agency
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adopted regulations and guidelines (California Code of
Regulations, Title 27) for filing of applications to qualify as a
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CUPA; and
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WHEREAS, pursuant to the regulations, the City Council by
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Resolution No. 6572 authorized the issuance of a letter notifying
the California Environmental Protection Agency of the City'S
intent to apply for CUPA approval; and
WHEREAS, the Environmental Health Department and the Fire
Department currently administer five of the six CUPA programs:
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(i) the Underground Storage Tank Program, (ii) the Hazardous
Materials Release Response Plans and Inventory Program, (iii) the
Hazardous Waste Generator Program, (iv) the Hazardous Materials
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1 Management Plans and Hazardous Materials Inventory Statem~nt, and
2 (v) the Risk Management and Prevention Plan Program, all of which
3 are included in the certification process; and
4 WHEREAS, the City will add the enforcement of a sixth
5 program, the Aboveground storage Tank Program Spill Prevention
6 Control and Countermeasure Plan; and
7 WHEREAS, the City will provide businesses with local
8 agency services whenever feasible, and such services will benefit
9 the health, safety, and welfare of the City of Vernon; and
10 WHEREAS, the Director of Environmental Health has
11 recommended that the City of Vernon file an application with the
12 State of California to qualify as a CUPA and in Appendix 18 of
13 said application has certified to the proper administration of the
14 program.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
16 CITY OF VERNON AS FOLLOWS:
17 SECTION 1: The City Council of the City of Vernon does
18 hereby find and determine that the recitals contained hereinabove
19 are true and correct.
20 SECTION 2: The city Council of the City of Vernon hereby
21 approves the CUPA application, a copy of which has been presented
22 to the City Council concurrently herewith, and the City Council
23 h~reby orders said Application to be received and filed by the
24 City Clerk.
25 SECTION 3: The City Council hereby authorizes the City
26 Clerk to sign said CUPA Application as the City's authorized
27 representative, and to file said Application with the California
28 Environmental Protection Agency
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SECTION 4: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 5th day of December, 1995.
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AT/L//?z'~
BRUCE V. MALKENHORST, City Clerk
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~b~"bCr57P.M'?~~r.;~;-,/' ,
~ LEONIS C. MALaURG, Ma or
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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
Resolution No. 6719, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, December 5, 1995, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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12 (SEAL)
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Sec. Subject
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1.
TABLE OF CONTENTS (CONT)
Page No.
Enforcement Action Confidentiality
Coordination Activities
Annual Review of Inspection and Enforcement Plan
Waste Reduction and Pollution Prevention
12. Fee Accountability Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
A. Staff Resource Adequacy
B. Budget Adequacy/Annual Funding
C. Cost Calculation Methods
13. Single Fee Implementation Plan ................................... 20
A.
B.
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D.
E.
F.
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K.
Programs Covered by the Single Fee System
Methods for Determining Fees
Adjustments for Fee Schedules
Billing System
Billing for Non-Recurring Activities
Fee Collection Process
Transition to Single Fee System
Participating Agency Fees
Surcharge Collection and Recordkeeping
Remittance of Surcharge
Fee Dispute Resolution Process
14. Reporting and Auditing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
15. Recordkeeping and Cost Accounting System. . . . . . . . . . . . . . . . . . . . . . . . . . . 27
16. Title 22, CCR, Section 66272.10 .................................. 28
17. Training and Technical Expertise .................................. 29
A. Possessed by Applicant Agency
B. Needed by Applicant Agency
C. Minimum Qualifications for Staff
D. CUP A Oversight of P A Program Elements (Not applicable to Vernon)
E. Ongoing Training
18. Additional Program Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
19. Adverse Affects/Fragmentation/Consistency ........................... 31
20.
Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
21. Signature of Authorized Representative .............................. 31
ii.
TABLE OF CONTENTS
Sec. Subject
Pa~e No.
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111. List of Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111
IV. List of Tables ............................................... IV
1. Completeness Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. Demographic Information ........................................ 1
3. Applicant Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4. Implementation History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5. Geographic Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6. Administrative Structure of Proposed Unified Program . . . . . . . . . . . . . . . . . . . . . 6
A. CUP A, P A and JP A Organization
B. CUP A, P A and JP A Internal Organization
7. Authorizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8.
CUP A and P A Issues ........................................... 8
A. Agreements Between Cupa and P A (Not applicable to Vernon)
B. CUP A and P A Dispute Resolution (Not applicable to Vernon)
C. Notice of Intent
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9. Unified Program Implementation Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10. Consolidated Permit Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
A. Consolidation of Permit
B. Single Point of Contact.
C. Consolidated Permit Application Package
D. Permit Review System
E. Permit Issuance to Applicant
F. Evaluation of Permitting Process
G. Sample of Consolidated Permit
H. Permit Cycles
I. Other Permit Procedures
11. Inspection and Enforcement Program . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . 13
A.
B.
C.
D.
E.
F.
Number of Businesses and Inspection Frequency
Multi-Media Inspections
Training Requirements
Voluntary Compliance
Enforcement Process and Procedures
Enforcement Penalties and Criteria
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LIST OF APPENDICES
Completeness Checklist .................................. Appendix 1
Hazardous Waste Enforcement MOUs (1986 & 1993) . . . . . . . . . . . . . . .. Appendix 2
City of Vemon Map .................................... Appendix 3
CUP A Internal Organization ............................... Appendix 4
City Ordinance 961- Hazardous Materials Monitoring Program .......... Appendix 5
City Ordinance 944 - Underground Storage of Hazardous Substances . . . . . .. Appendix 6
Fee Ordinance ........................................ Appendix 7
Permit Application Cover Sheet ............................. Appendix 8
Permit Application Review Flowchart (New Business) . . . . . . . . . . . . . . .. Appendix 9
Permit Application Review Flowchart (Renewal) ................... Appendix 10
Letter of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 11
Sample Permit/Permit Conditions ............................ Appendix 12
Inspection/Enforcement Flowchart . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 13
Inspection Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 14
Fee Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 15
Sample Invoice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 16
Staff/Title/Job Descriptions ................................ Appendix 17
CUPA Administrative Certification ........................... Appendix 18
Signature of Authorized Representative . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 19
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LIST OF TABLES
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Enumerations/Demographic Information ........................... Table 1
Summary of Program Activities ................................ Table 2
Time Allocation of Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 3
Training and Expertise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 4
Reporting and Auditing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 5
Reporting and Auditing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 6
Surcharge Transmittal Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 7
Annual Single Fee Summary Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 8
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CITY OF VERNON
CERTIFIED UNIFIED PROGRAM AGENCY ApPLICATION
1. APPLICATION COMPLETENESS CHECKLIST [APPENDIX A]
See Completeness Checklist [defined in California Code of Regulation, Title 27 (CCR, T27)
as Appendix A] referred to in this Certified Unified Program Agency (CUPA) application
as Appendix 1.
2. DEMOGRAPIDC INFORMATION
Total Number of Re~lated Businesses. The total number of businesses regulated by VEH
for compliance with the CUP A program elements is approximately 546 (See Table 1). Many
of these businesses must comply with more than one of the program elements.
Types of Re~lated Businesses. The types of businesses regulated by the City of Vernon
Environmental Health (VEH) Department in relation to specific programs and program
elements are set forth below:
A. Vernon Hazardous Materials Monitoring Program
1. Hazardous Materials Release Response/Hazardous Materials Management Plan Element-
On June 24, 1986, the City Council of the City of Vernon adopted by reference into the City
Ordinance No. 961, Vernon's Hazardous Materials Monitoring Program (VHMMP), the
requirements of Chapter 6.95 of the California Health and Safety Code, the Hazardous
Materials Release Response Plan (HMRRP). With this authorization, VEH coordinates
efforts with the Vernon Fire Department to implement the California Fire Code, Title 24,
Sections 80.103 (b)(c) and 80.113, Part 9, the Hazardous Materials Management Plan
(HMMP). All references within this document to VHMMP will therefore include all
requirements of the HMRRP and the HMMP.
VEH currently regulates approximately 546 businesses that store hazardous materials above
the minimum reportable quantities of five gallons of liquids, 50 pounds of solids or 200
cubic feet of gases. Businesses subject to the California Fire Code requirements are also
subject to Chapter 6.95.
2. Hazardous Waste Generator Element- VEH currently regulates approximately 209
hazardous waste generators throughout the city. These waste generators range in size from
small quantity to large quantity hazardous waste generators. A significant percentage of the
small quantity generators consist of auto and truck repair shops, food facilities, printers,
machine shops, and medical clinics. Businesses representative of large quantity generators
include manufacturers, waste processors, and plating shops. VEH staff also inspects the five
state-permitted Treatment, Storage, and Disposal (TSD) facilities in Vernon for compliance
with hazardous waste generator requirements and surveillance of treatment operations. Other
types of waste generators include railroad yards, chemical manufacturers, vehicle
maintenance, and printers. Inspections of hazardous waste generator facilities include waste
reduction and pollution prevention elements.
CITY OF VERNON CUPA ApPliCATION (DRAFf DECEMBER 5, 1995)
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3. Tiered Permit On-Site Treatment Element- Businesses subject to the tiered permit law
and regulations are currently inspected by VEH for compliance with the hazardous waste
generator regulations. VEH anticipates conducting standard inspections at businesses
required to comply with the three following permit tiers: (1) Permit-By-Rule (PBR); (2)
Conditionally-Authorized (CA); and (3) Conditionally-Exempt (CE). Inspections of these
facilities include waste reduction and pollution prevention elements.
Based on available information, VEH has totals for the following:
Permit Tier
No. of Sites
Permit-By-Rule
Conditionally Authorized
Conditionally Exempt
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The PBR site is an aircraft metal forming facility conducting on-site hazardous waste
treatment activities. The majority of the CA and CE sites are petroleum product blenders
and distributors, container manufacturers, metal plating shops, and metal parts
manufacturers and rebuilders.
4. Risk Management and Prevention Plan Element- VEH began implementation of the
Risk Management and Prevention Plan (RMPP) Program in 1988. There are
approximately 36 inventoried sites with acutely hazardous material(s) (AHM) in various
stages of the RMPP process. The types of AHM storage and handling facilities include
cold storage facilities, chemical manufacturers and distributors, food processing facilities,
and hazardous waste treatment facilities.
5. Aboveground Storage Tank (SPCC) Element- The number of sites identified by the
State Water Resources Control Board (SWRCB) for the Spill Prevention Control and
Countermeasure plan (SPCC) program element is ten. These ten sites are generally
involved in bulk petroleum product storage (e.g., Mobil, Pennzoil, Castrol) or public
power generation facilities.
B. Underground Storage Tank Program
VEH has been involved in the Underground Storage Tank (UST) program since
December, 1983, when the City adopted its own UST ordinance. VEH currently
regulates 98 UST sites with a total of 295 USTs. These sites range from small
businesses that have only one tank to larger businesses that have one to several tanks.
Many of the UST sites throughout the City are trucking terminals. Other sites include
City government facilities, and chemical manufacturing and distribution facilities.
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CITY OF VERNON CUPA APPliCATION (DRAFT NOVEMBER 22, 1995)
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Total Number of Re~lated Businesses. The total number of businesses regulated by
VEH for compliance with the above referenced program elements is approximately 546
(See Table 1). Many of these businesses must comply with more than one of the
program elements.
3.
APPLICANT INFORMATION
AGENCY NAME
CONTACT PERSON
AGENCY ADDRESS
TELEPHONE NO.
FACSIMILE NO.
FAX MODEM NO.
Vernon Environmental Health Department
Lewis J. Pozzebon, Director
4305 S. Santa Fe Ave., Vernon CA 90058
(213) 583-8811 ext. 229
(213) 583-4451
(213) 588-4320
CITY OF VERNON CUPA ApPUCATION (DRAFT DECEMBER 5, 1995)
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3. APPLICANT INFORMATION
APPLICANT City of Vernon
ADMINISTRATIVE AGENCY Vernon Environmental Health Department
CONTACT PERSON Lewis J. Pozzebon, Director
AGENCY ADDRESS 4305 S. Santa Fe Ave., Vernon CA 90058
TELEPHONE NO. (213) 583-8811 ext. 229
FACSIMILE NO. (213) 583-4451
FAX MODEM NO. (213) 588-4320
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
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4. IMPLEMENTATION HISTORY
A. Program Elements (Past Three Years)
The following programs have been managed by VEH for the past three (3) years:
1. Vernon Hazardous Materials Monitorinl:: Included under the VHMMP are the
following elements:
Hazardous Materials Release Response/Hazardous Materials Management Plans:
AB 2185, which was enacted in 1985, requires emergency response and chemical
inventory information. VEH began implementation of this program in the City,
in 1986. This program meets the requirements of the HMMP and the HMRRP.
VEH coordinates aspects of the HMMP with the City of Vernon Fire Department.
Hazardous Waste Generators: A Memorandum of Understanding (MOU) was
signed with the Department of Toxics Substances Control (DTSC) in 1986 giving
VEH the authority to regulate and inspect facilities that are hazardous waste
generators in the City of Vernon. A new MOU was signed in 1993 and remains
in effect. See Appendix 2. VEH inspections included a review of waste
minimization and pollution prevention activities, and Tiered Permit waste
treatment operations.
Risk Management and Prevention Plan (RMPP): AB 3777 was enacted in 1986
to minimize potential emergencies involving acutely hazardous materials by
requiring facilities which store these materials to submit risk management and
prevention plans. VEH began implementation of this program within the City in
1988.
2. Under~round Stora~e Tanks: In 1983, the City of Vernon passed an ordinance
that gave VEH the authority to implement state underground storage tank laws
and regulations. VEH began an inspection and enforcement program in 1983
within the City.
See Table 1 for the total number of regulated businesses in VEH's jurisdiction, and Table
12A, in Section 12 Part B, for the annual budget.
B. Inspection and Enforcement Activities Summary (past three years)
See Table 2. Some goals of VEH include conducting annual inspections at each facility
within each program, and educating operators of regulated facilities of their legal
CITY OF VERNON CUPA APPliCATION (DRAFT DECEMBER 5, 1995)
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obligations under their respective permits and ever changing regulations. VEH has
successfully reduced both the number and severity of violations observed during
inspections through an educational enforcement process.
Inspections were conducted by VEH staff during the last three years for the following
program elements:
. Hazardous Waste Generators;
. VHMMP
. Underground Storage Tanks.
FY 92-93 FY 93-94 FY 94-95 TOTALS
PROGRAM ELEMENT
HAZARDOUS WASTE 17 43 138 *198
37 101 207 **345
VHMMP 273 319 366 *958
595 651 668 **1914
UNDERGROUND TANKS 43 54 76 *173
170 134 132 **436
3 YEAR GRAND TOTALS *1329
**2695
Number of Inspections Per Program Element
*These figures represent only routine inspections.
**These figures represent the sum of all routine inspections, follow-up inspections, and
complaint inspections.
CITY OF VERNON CUPA APPliCATION (DRAFT DECEMBER 5, 1995)
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NUMBER OF ENFORCEMENT ACTIONS PER PROGRAM ELEMENT
PROGRAM/ELEMENT FY 92-93 FY 93-94 FY 94-95 TOTALS
HAZARDOUS WASTE:
Informal Action 3 1 14 18
Administrative 2 2 2 6
Civil 1 1 0 2
Criminal 0 0 0 0
VHMMP:
Informal Action 7 14 5 26
Administrative 20 20 17 57
Civil 7 7 5 19
Criminal 0 0 0 0
UNDERGROUND TANKS:
Informal Action 10 12 9 31
Administrative 4 4 3 11
Civil 2 3 4 8
Criminal 0 0 2 2
5. GEOGRAPmC SCOPE
The geographic scope of the Unified Program covers all areas within Vernon city limits. See
Appendix 3.
6. ADMINISTRATIVE STRUCTURE OF THE PROPOSED UNIFIED PROGRAM
A. The City of Vernon has authorized the Vernon Environmental Health Department to be
the sole agency to administer the CUPA Program in the City of Vernon.
B. See the Organization Charts in Appendix 4.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
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7. AUTHORIZATIONS
A. Regulatory Authority
As indicated below, VEH is authorized for inspection and enforcement activities
associated with the following programs.
1. Vernon Hazardous Materials Monitorin~ Proeram, comprised of:
a. Hazardous Materials Release Response Plan (HMRRP): CHSC Division
20, Chapter 6.95 Article 1 and Title 19, CCR. VEH is authorized to
implement the HMRRP law pursuant to ~25502(b) of the above CHSC
reference.
b. California Fire Code (CFC): Title 24 CCR, ~80.103, Part 9. The City
of Vernon is authorized to enforce this portion of the CFC. This program
element is covered by the coordinated implementation of the VHMMP
program by VEH and the Vernon Fire Department.
c. Hazardous Waste Generators: CHSC Division 20, Chapter 6.5, Articles
1-13 and Title 22 CCR, Division 4.5, Chapters, 10, 11, 12 and 31. VEH
presently has a MOU (Appendix 2) with DTSC to implement the
Hazardous Waste Control Law. Authorization to implement this program
will be retained upon certification as a CUPA.
d. Risk Management and Prevention Planning (RMPP): CHSC Division 20,
Chapter 6.95, Article 2 and Title 19 CCR. VEH is authorized to
implement the RMPP law pursuant to the same citation referenced above.
e. Aboveground Petroleum Storage Act Spill Prevention, Control and
Countermeasure (SPCC) Plans: CHSC Division 20, Chapter 6.67. VEH
has not received authorization to implement the SPCC provisions. If the
SWRCB retains implementation authority, VEH will have limited
authority in this area.
f. Tiered Permit Hazardous Waste On-site Treatment: CHSC Division 20,
Chapter 6.5, Article 9 and Title 22 CCR Chapter 20. VEH will be
authorized by DTSC to implement the Tiered Permit provisions upon
certification as a CUP A.
2. Underground Storage Tank (UST) Program
CHSC Division 20, Chapter 6.7 and Title 23 CCR, Division 3 Chapter 16. VEH
is authorized to implement the UST law pursuant to ~25283(b) of the above
CHSC reference.
CITY OF VERNON CUPA APPliCATION (DRAFf DECEMBER 5, 1995)
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B. Local Ordinances and Resolutions
On June 24, 1986, the City of Vernon adopted Ordinance No. 961 pertaining to the
monitoring of hazardous materials (including the HMRRP and the RMPP elements)
within the city limits. See Appendix 5.
On December 20, 1983, the City of Vernon adopted Ordinance No. 944 pertaining to the
underground storage of hazardous substances. See Appendix 6.
In addition, there are fee resolutions which define fees for each program implemented
by VEH. See Appendix 7.
8. CUP A AND P A ISSUES
A. Agreements Between CUPA and PA
VEH does not anticipate using participating agencies to implement the Unified Program.
One exception to the above may be the implementation and enforcement of the above
ground tank SPCC requirements. It is unclear whether or not the State Water Resources
Control Board will delegate the authority necessary to implement and enforce the SPCC
provisions. If an outside agency such as the Regional Water Quality Control Board
(RWQCB) retains the SPCC regulatory authority, an agreement with such a participating
agency may be necessary.
B. CUP A and P A Dispute Resolution
This section is not applicable, as VEH will not be utilizing PA's for the implementation
of the Unified Program.
C. Notice of Intent
VEH is a city agency. On January 4, 1995, VEH sent a Letter of Intent (see Appendix
11) to the Secretary of the California Environmental Protection Agency. A copy of this
letter was sent to the Los Angeles County Hazardous Materials Coordinating Committee.
On January 11, 1995, VEH received a letter from the County of Los Angeles Fire
Department acknowledging our Letter of Intent to apply for CUP A status.
CITY OF VERNON CUPA ApPUCATION (DRAFr DECEMBER S, 1995)
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9. UNIFIED PROGRAM IMPLEMENTATION PLAN
The VEH Unified Program will be implemented as follows:
A. At the time of certification, the following Unified Program elements will be fully
implemented by VEH:
(1) Hazardous Materials Release Response Plan
(2) California Fire Code, Article 80.103(b) and (c).
(3) Hazardous Waste Generator
(4) Risk Management and Prevention Planning
(5) Underground Storage Tank Program
B. Facilities subject to the Tiered Permit On-Site Treatment Program will continue to be
inspected for compliance with hazardous waste generator requirements at the time of
certification. VEH will receive technical training from DTSC for conducting standard
inspections of Permit-By-Rule, Conditionally Authorized, and Conditionally Exempt
facilities by June 1, 1996. Tiered Permitting inspections will be conducted for these
facilities beginning August 1, 1996.
C. Verification of Spill Prevention, Control and Countermeasure Plans (SPCC) will begin
upon certification as a CUP A.
D. VEH anticipates receiving training from DTSC for implementation of the Administrative
Fine Authority (Toxic Ticket) by December, 1996.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
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10. CONSOLIDATED PERMIT PLAN
A. Consolidation of Permits
Consolidated annual permits will be issued for all programs referenced in the
Authorizations and Demographic Information sections of this application.
B. Single Point of Contact:
City of Vernon
Environmental Health Department
4305 S. Santa Fe Ave.
Vernon, CA 90058
Telephone: (213) 583-8811
Facsimile: (213) 583-4451
C. Consolidated Permit Application Package
The consolidated permit application package is a multiform document with a single cover
sheet. Forms for each program are stored separately. VEH provides only those forms
for the programs applicable to the business making application for an annual permit. See
Appendix 8.
D. Permit Review System
Steps, and timeline for completeness and technical review of the permit processes are
outlined in Appendices 9 and 10.
In order to track the permitting process, all permit application submittals for new
businesses and modifications to existing businesses are logged into State-Wide
Environmental Evaluation and Planning System (SWEEPS) with date received and district
assignment. See Section 13D for a description of SWEEPS and its capabilities.
Inspection staff normally completes the application review within 15 days. Often, site
visits are conducted to confirm information. At the conclusion of the review process,
the permit is either fully issued or fully denied. VEH will not issue conditional, interim,
or other types of operating permits.
"Permitted" means that the facility is in compliance with all conditions of the applicable
program elements.
CITY OF VERNON CUPA APPliCATION (DRAFf DECEMBER 5, 1995)
PAGE 11
E. Method of Issuing Permit to Applicant
Initial, renewal, and modified permits are transmitted to applicants by mail. Copies of
permits are sent to both facility owner and operator, unless they are the same person.
F. Evaluation of Permitting Process
Internal review of the permitting process is conducted on a routine basis, usually
annually. The internal review focuses on improvements to forms, impacts of new laws,
and assisting business compliance.
G. Sample of Consolidated Permit
See Appendix 12 for a sample of the consolidated permit and permit conditions. See
Section lOD for the definition of "Permitted" .
H. Permit Cycles
The consolidated annual permit is valid for a period of one year. Compliance inspections
are performed annually. Each facility is evaluated for compliance with all conditions of
the consolidated permit during each inspection.
I. Other Permit Procedures
Permits are not transferrable to a new business. A permit application must be submitted
to VEH when there is a change of ownership at a facility or when there is a change in
facility operation.
If it becomes necessary to modify an existing permit prior to its expiration date, the
applicant must complete the forms that apply to the program(s) being modified, and
submit them to VEH. If the application is complete, a modified permit is issued to the
applicant. If incomplete, the application is returned to the applicant for revision. Typical
permit modifications may include an addition to or a deletion from the Underground
Tank program when USTs are installed or removed, additions or deletions from the
VHMMP elements if there are significant changes in chemical inventory, etc. A permit
modification does not include a change of ownership.
In order to renew an annual permit, the file is reviewed for any deficiencies in reporting
requirements, or for uncorrected violations, at least 30 days prior to the permit expiration
date. The permit holder is notified of any deficiencies at this time. If an inspection was
not conducted within the previous 6 months, one must be performed before the permit
is renewed. All outstanding violations of the permit must be corrected before permit
issuance. See Appendix lO for additional information.
CITY OF VERNON CUPA ApPliCATION (DRAFr DECEMBER 5, 1995)
PAGE 12
Any portion of an annual permit issued by the VEH may be revoked for continued non-
compliance with the conditions under which it was issued. For example, a facility may
be permitted for UST's and the hazardous materials. If that business is in compliance
with all elements except UST monitoring, and continues to fail to comply after initial
inspection, reinspection, and Notices of Violation have been issued, the UST portion of
the annual permit will be revoked. Notice of partial permit revocation and a modified
permit will be sent, via certified mail, to the facility operator/owner.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 13
11. INSPECTION AND ENFORCEMENT PROGRAM PLAN
A. Number of Businesses and Frequency of Inspection
See Table 1.
B. Multi-Media/Integrated Inspections
Field staff performs integrated inspections covering all relevant elements of the unified
program at every facility within each district. All members of the inspection staff are
required to perform at least one (1) integrated inspection at each of the facilities in their
district annually. Based on work load analysis, program specialists are to perform 546
integrated inspections annually. See Appendix 13 for flowchart of inspection/enforcement
program, and Appendix 14 for a copy of the inspection form.
Inspectional staff is familiar with the responsibilities and jurisdictions of most other state
and local environmental regulatory agencies through in-house technical training for new
employees and through out-of-city technical meetings and seminars sponsored by state,
regional, and local environmental agencies, local universities, and professional and trade
associations. Agencies that staff routinely interacts with and makes referrals to include
the South Coast Air Quality Management District, Vemon Fire and Community Services
Departments, California Occupational Safety and Health Administration (OSHA),
Regional Water Quality Control Board, State Department ofFish and Game, Los Angeles
County Public Works, local Publicly Owned Treatment Works (POTWs), and other city
departments. Referrals are made via telephone, letter, and written memos.
All inspectors are encouraged to develop positive working relationships with contacts
from other regulatory agencies within their assigned districts, and perform joint
inspections as necessary.
C. Training Requirements
New staff receives intensive training from senior inspectional staff for a period of at least
3 months. Training focuses on reading and interpreting regulations, performing thorough
field inspections and documentation, appropriate inspection protocol, and enforcement
procedures. See Section 17 of this document for a description of inspector training.
D. Voluntary Compliance
Voluntary compliance, which is considered to be part of the inspection process, includes:
(1) Initial inspection: Businesses are provided with a copy of the inspection report,
which includes a list of violations and a time frame for corrections.
CITY OF VERNON CUPA APPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 14
(2) Reinspection: Businesses return to compliance, a time extension is granted, or
a hearing notice is issued.
(3) Hearing: At the hearing conducted by the Director, VEH, the business operator
is notified that failure to comply will result in permit revocation and enforcement
action if violations are not corrected within the final allotted time frame.
E. Enforcement Process and Procedures
See Appendix 13 for a flowchart of inspection and enforcement action processes and
procedures.
Minor violations are defined as those infractions with minimal potential threat to human
health or the environment if uncorrected. Examples include failure to update UST State
Forms A & B, failure to update a Hazardous Materials Monitoring Program Plan, or
failure to properly complete a hazardous waste label. Major violations are defmed as
those infractions that pose a significant potential threat to human health and! or the
environment. Examples include failure to report and abate an unauthorized release from
a UST, repeated failure to submit a Hazardous Materials Monitoring Program Plan, or
abandonment or improper disposal of hazardous waste.
Enforcement action for minor violations is initiated after a maximum of three (3)
consecutive failed attempts to achieve compliance. For major violations, enforcement
is initiated when the violation is discovered.
The following procedures must be followed in preparing an enforcement action:
(1) Thorough documentation of all inspections and other compliance efforts.
(2) Collection of all appropriate evidence.
(3) Interpretation of any laboratory analytical data.
(4) Preparation of case summary.
(5) Case discussion with the VEH Director.
(6) Preparation of District Attorney (DA) case referral.
(7) Presentation to DA for prosecution.
F. Enforcement Penalties and Criteria
Consistency of enforcement actions is ensured through daily review of staff work by the
Director, VEH. Penalties and enforcement actions are consistent and predictable for
similar violations. This is assured by case review by the Director, VEH, prior to
referral to the district attorney's office, and pre-enforcement conferences with the DA
before enforcement action is initiated.
CITY OF VERNON CUPA ApPUCATION (DRAFT DECEMBER S, 1995)
PAGE 15
G. Enforcement Action Confidentiality
All enforcement actions are confidential and accessible only to the VEH staff. When a
court case is initiated, the file is pulled and locked in a secure file cabinet located in the
office of the Director, VEH, to ensure confidentiality. The file becomes public record
again when the court case is adjudicated.
H. Coordination Activities
The VEH Department will ensure coordination and consistency within the Unified
Program by performing the following activities:
. The VEH staff shall participate in a minimum of two (2) meetings annually to
coordinate activities and maintain consistency of the Unified Program. Meetings
will focus on standardization and consistency of permitting, inspection and
enforcement.
. Coordination of enforcement activities with the District Attorney is described in
Section 11 E and 11F above.
. Additional meetings with other local agencies affected by the Unified Program
will also be held. Discussions will include impacts of the Unified Program and
adequacy of established referral systems. VEH plans to continue its participation
with the Los Angeles Hazardous Materials Coordinating Committee.
. VEH will coordinate enforcement efforts with other local/state agencies in the
event of overlapping responsibility on a case by case basis. See section lIB above
for a list of these agencies. In the event of overlap or conflict of enforcement
activities, a conference will be held between agencies, and an agreement will be
made regarding the roles and responsibilities of each before enforcement is
initiated.
. VEH recognizes that it is required to use a State Certified Laboratory for
sampling and analytical support for all enforcement actions. VEH has contracts
with the two following state-certified laboratories to perform analysis of
environmental samples secured by VEH staff:
LABORATORIES
West Coast Analytical Services Positive Lab Service
9840 Alburtis Avenue 781 E. Washington Blvd.
Santa Fe Springs, CA 90670 Los Angeles, CA 90021
Telephone: (310) 948-2225 Telephone: (213) 745-5312
CITY OF VERNON CUPA APPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 16
I. Annual Review of Inspection and Enforcement Plan
Program elements implemented by the CUP A will be reviewed annually against the
following criteria:
. Number of regulated business within each program element and number of
inspections completed.
. Types and number of violations observed.
· Number of new businesses added to any program or program element.
. Number and outcome of enforcement actions taken.
. Adequacy of cross-training through implementation of an inspection
standardization program and interagency referral program.
If deficiencies, such as insufficient number of inspections completed, poor enforcement
outcomes, inconsistencies among inspection staff, etc., are noted during the annual
review; a corrective action plan will be developed with input from inspection staff and
other CUPA's via the meetings described in section lOH. Changes will be implemented
in the subsequent reporting period.
All data necessary to track the inspection and enforcement programs will be maintained
on the SWEEPS. Summary reports will be generated by program element, including any
updates, or other required reports. These reports will be reviewed periodically
throughout the fiscal year, and shared with other CUPA's during the coordination
meetings to ensure plan goals are being met. All program information, including
program updates and self audits, shall be maintained by VEH at all times.
J. Waste Reduction and Pollution Prevention
Waste Reduction and Pollution Prevention are incorporated as an element of the
VHMMP. See Section 2.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 17
12. FEE ACCOUNTABILITY PROGRAM
The City of Veroon Environmental Health (VEH) Department is one of only four city
health departments in California. The VEH Department is charged with monitoring and
enforcing a wide range of health-related federal, state and municipal laws, rules,
ordinances, and regulations within the 5lh square miles that comprise the City of Veroon.
A. Staff Resource Adequacy
Under the direction of the Health Officer/Director, VEH staff seeks compliance through
multi-media and multi-program inspections, investigations, education, administrative
meetings, and formal enforcement actions. The staff works closely with other City
representatives as well as state, regional, and local governmental agencies in addressing
complex environmental issues and problems. The professional staff includes Registered
Environmental Health Specialists, Registered Environmental Assessors, Certified
Hazardous Materials Managers, Backflow Specialists, Vector Control Technicians, and
a Pest Control Advisor.
The Unified Program consists of:
1. The Veroon Hazardous Materials Monitoring Program:
. Hazardous Material Release Response/Monitoring Plan Element
. Risk Management Prevention Plan Element
. Hazardous Waste Generator Element
. Spill Prevention Control and Countermeasure Element
. Tiered Permit On-Site Treatment Element
. Pollution Prevention and Waste Minimization Element
2. The Underground Storage Tank Program.
Currently there are five dedicated professional staff whose assignments include hazardous
materials program work. The staff is supported by one Director, one Secretary, and one
Utility Clerk. The staff is responsible for carrying out all inspection, monitoring, and
enforcement activities for programs included in this application. Inspections are currently
consolidated so that one inspector ensures compliance with all Unified Program elements
during a single inspection. VEH staffing levels are based upon the number of business
establishments in the City and number of program elements currently regulated. Staffing
levels would be modified to correspond to demand should the number of business entities
or programs regulated change in the future. See Table 3 for a summary of the allocation
of staff time to the various programs and program activities included in the Unified
Program.
CITY OF VERNON CUPA ApPliCATION (DRAFI' DEcEMBER 5, 1995)
PAGE 18
B. Budget Adequacy/ Annual Funding
1111~III~il~lltli~iltl~!l..iIIIIII(<
Description 93-94 Actual 94-95 Actual 95-96 Est. 9' n-. ~I
'U-71
Appropriation $557 , 6 1 0 $588 , 1 70 $585 , 726 *$585 ,726
Revenue $ 1 89 , 900 $236 , 1 34 $205 , 754 *$205 ,754
Expenses * * $286 2 1 6 $30 1 902 *$30 1 902 *$301 902
, , , ,
# FfE 5 0 5 0 5 0 5 0
*Projected
** Any expenses not recovered through fees are covered by the Vernon City General Fund.
FISCAL DESCRIPTION HAZ MA T* UST TOTAL
YEAR
Amount Billed $171,080 $16,078 $187,158
Revenue - Total $173,092 $16,808 $189,900
1993-1994 Revenue - Late Fees 2012 730 2742
Revenue - Bad Debt NA NA NA
Reserves $2,012 $730 $2,742
Amount Billed $184,973 $48,900 $233,873
Revenue - Total $186,024 $50,110 $236,134
1994-1995 Revenue - Late Fees 1051 1210 2261
Revenue - Bad Debt NA NA NA
Reserves $1,051 $1,210 $2,261
*Revenues for the Hazardous Waste Generator Program and the Risk Management Prevention Program
(RMPP) are obtained through Hazardous Materials Management permit fees.
CITY OF VERNON CUPA APPUCATION(DRAFf DECEMBER S, 1995)
PAGE 19
C. Cost Calculation Methods
1. Record Keeping and Cost Accounting Procedures: Cost Accounting processes comply
with generally accepted accounting principles. Reports and monthly summaries record
amounts billed, received, and adjusted. Monthly Register statements document funds
received and adjusted with a statement of balances owing.
Program costs are determined based on a combination of direct and indirect costS.
Services, supplies, salaries, and benefits are budgeted for VEH as a whole. Annual
budget figures are determined as follows:
. Salaries and Benefits are based on the number of FTE's in VEH.
. Services and Supplies are itemized in the annual budget.
. Revenue to support the unified program costs is derived from permit fees and
supplemented by general funds. No state or federal funds are used to support
these programs. Individual fee ranges are created for each program and are based
on time task analysis.
2. Discrete Billable Services: Discrete billable services are utilized only for public
records copying costs.
3. Staff Hours Required: See discussion of staff resource adequacy in Table 3.
4. Direct Expenses: See discussion above for Services and Supplies.
5. Indirect Expenses: See discussion above for Services and Supplies.
6. Services provided: See Table 3 for summary of inspection services provided.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 20
13. SINGLE FEE BILLING SYSTEM AND SURCHARGE IMPLEMENTATION PLAN
A. Programs Covered by Single Fee Billing System
The single fee billing system shall consolidate the billing for Underground Storage Tank
fees, Hazardous Materials Establishment fees, and any other CUP A related fees levied
by VEH, and shall be incorporated into the Unified Program. To address the costs of
these mandated programs, the VEH currently administers two types of permits:
Hazardous Materials Establishment and Underground Storage Tank Permits.
B. Methods for Determining Fees
Staff hours required to perform mandated services are evaluated annually using reports
from Daily Activity Reports (DAR) prepared by staff. DAR's allow coding of activities
according to predefined definitions such as inspection, enforcement, permitting, training,
and program planning. These reports provide the justification for data such as that
provided in Table 12A. Total program costs include administrative overhead (Le., data
management, billing, payroll, purchasing, reception, clerical, and fiscal), staff salaries
and benefits, services and supplies (Le., office supplies, safety equipment, training, and
mileage), as well as fixed asset replacement (Le., vehicles and computers).
Based on total program costs, fees are developed to help recover the costs of
implementing and maintaining the programs. Fees are based on the following
assumptions:
. Hazardous Materials Establishment permit fees are scaled according to the volume
of hazardous materials stored on-site at anyone time. Larger volumes of
materials generally require:
o increased inspection frequency and time;
o increased plan review time;
o increased data entry and records management time; and,
o increased monitoring and reporting due to risk posed.
. Underground Storage Tank Permit fees are scaled according to the number of
tanks operated using the same criteria as Hazardous Materials Establishment fees.
The Underground Storage Tank fees are based on the number of tanks operating
during the course of the year. One time fees are established for underground
storage tank removals and installations as well.
. State Board of Equalization deductions for local fees are taken into consideration
when determining Hazardous Materials Establishment permit fees.
. Because of the industrial/commercial make-up of the City of Vernon, some
program costs are supported by City general funds.
Refer to Appendix 15 for current City of Vernon Health Permit fees.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 21
c. Adjustments to Fee Schedule
Program fees are monitored on a monthly basis against annual budgeted amounts.
Annually, revenues are compared with program expenditures and services prov~ded to
evaluate the status of cost recovery revenue. While revenues are not expected to meet
expenses, the following steps are taken to make adjustments in respective program areas,
where required:
(1) Fees from other cities and counties are evaluated.
(2) Revised fees are proposed and reviewed internally.
(3) Public hearing notice of intent to raise fees is posted at several locations in the
city.
(4) A revised fee resolution is proposed to the City Council and adopted after a
second hearing.
(5) If approved, the fees are increased according to the proposed schedule in the fee
resolution.
D. Billing System
The VEH Department currently maintains all billing data on a custom Hewett-Packard
(HP) mainframe application supported internally. Data history from the last five years
is maintained on this system.
Currently, VEH maintains separate data bases for permitting, daily activity tracking (via
the SWEEPS), and the hazardous materials inventories (Material Safety Data System,
Inc.). VEH intends to consolidate the three data bases into one designed for personal
computer (PC) applications. We anticipate that the system will integrate the receivable
accounts functions currently performed by the HP system with daily time accounting and
program specific data. There are at least two systems being used by numerous other
California agencies for managing inspection data.
The PC systems are able to provide:
. single Accounts Receivable (AR) statements for each business location;
. itemized. invoices by program element;
. consolidation of AR statements into a single, multi-account invoice so that owners
of multiple properties can receive a single invoice for multiple locations with each
location itemized;
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 22
. assessments of non-recurring charges for reinspections or other one time costs,
which may be billed as a separate line item on the single invoice;
. . line itemization of state surcharge or integration into program element specific fee
based on a base rate listed separately on the invoice;
. batch or one time invoice creation for permit renewal or delinquency notices;
. assessment of penalties after predetermined intervals; and,
. standard and ad hoc reporting.
E. Billing for Non-Recurring Activities
There are several types of fees that are charged for one time activities such as new
permit applications, well drilling and soil borings, and file copying. Fees for these
services are typically assessed during a separate application process and require payment
in advance. Bills are not sent out for these charges. Revenue from non-recurring
charges averages less than $1,000 per year.
F. Fee Collection Process
VEH invoices regulated facilities annually based on the fiscal year (July 1 -June 30).
The generation of invoices is automated with printing and mailing performed by staff.
Payment in full is required within 30 days and a lO%/month penalty is assessed for all
payments made after 60 days. The billing process is as follows: .
. Payments are submitted to VEH in the form of cash, check, and cashiers check.
Each payment is verified against charges prior to being posted and deposited. All
payments are posted and deposited within 24 hours of receipt. Acknowledgement
of receipt. is provided via canceled checks or in writing if requested by the
business.
. Billing inquiries are directed to assigned staff members. Staff provides
information regarding charges as well as making adjustments to accounts
according to VEH policy.
. Prior to delinquent billing, all accounts with balances owing for the period are
phoned, researched by inspectional staff and/or subjected to basic skip tracing.
This action results in the resolution of many accounts which would normally be
unpaid.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 23
Accounts 90 days or more past due are subject to collection proceedings. VEH
traditionally manages its own bad debt accounts. The collection process includes the
following steps:
(1) Notification of delinquent health permit is mailed to each account.
(2) Each file is researched and discussed by program staff.
(3) Each account is contacted by phone or in person in an attempt to make payment
arrangements or determine reason for non-payment (adjustments are made
accordingly) .
(4) Accounts are prioritized and notified of administrative hearing date.
(5) At the hearing, one of the following occurs:
(a) the payment is made in full;
(b) a time extension is granted for full payment; or,
(c) the permit is suspended or revoked for refusal of payment.
If the above mentioned administrative actions fail to resolve the payment delinquency,
the account is notified of a utility termination deadline. In addition, a referral to the
District Attorney's office is possible for City Ordinance violations.
G. Transition Plan to Single Fee Billing System
The VEH Department's plan for transition to a single fee billing structure can be
described as follows:
. Minimal public participation is required. In the City of Vernon, the annual
Hazardous Materials Establishment (HME) and UST permits expire at the end of
the fiscal year in June. VEH currently mails annual renewal notices for both
permits at approximately the same time. Hence, the only transition will be to
combine the two renewal notices into a single invoice and therefore the level of
public participation required is minimal.
. Businesses will receive a single billing statement annually. VEH will develop a
single invoice to bill for both the UST and HME permit renewal fees. An
exception would be where there are different responsible parties for separate parts
of the operation. For example, underground tanks at service stations often are
the financial responsibility of an oil corporation, while the service station
operations, which generate hazardous waste and store hazardous materials above
ground, are the responsibility of the tenant.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 24
. Payment can be made by a single check. A single check may be submitted by
business for the payment of the annual unified permit renewal fee.
. Provisions for non-payment are already in place. Procedures for non-payment
are described in Section 13. F (Fee Collection Process).
. The single fee billing system will be implemented within the next fiscal year. At
present, VEH concurrently bills for separate HME and UST permit renewal fees.
By June, 1996, VEH will have a single invoice, which will bill for a unified
permit.
A sample invoice for a single facility with multiple hazardous materials programs is
included as Appendix 16.
H. Participating Agency Fees
There are no Participating Agencies involved in the City of Vernon.
I. Collection and Recordkeeping
The VEH collection and recordkeeping processes for surcharge fees can be described as
follows:
. The surcharge fee collection process is identical to the fee collection process as
described in Section 13F.
. Surcharges are included as a separate invoice line item on all invoices.
. Surcharge data are maintained electronically within VEH's billing system. Select
fields maintain the date of the previous and next surcharge and amount of the last
surcharge collected. Revisions are currently being made to the database to allow
for the maintenance of all surcharges required by the Unified Program and will
be implemented by July 1, 1996.
J. Remittance of Surcharge
All surcharge fees collected by the VEH shall be deposited into a trust fund account and
then transmitted to the Secretary on a quarterly basis. All Surcharge fees collected
within a quarter of the fiscal year shall be remitted to the Secretary within 45 days of the
end of that quarter. When this information is transmitted, it will be summarized in table
format, using Table 7 as a model.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 25
K. Fee Dispute Resolution Process
Fee schedules will be made available upon request to the public. Fee disputes, including
state surcharges, between businesses and the VEH Department will be handled as
follows:
. Resolving disputes over permit fees. Disputes regarding permit fees are directed
to the clerical permit staff. The dispute information can be taken in person, over
the phone, or by written correspondence. The clerical staff determines the nature
of the dispute so it is handled by the appropriate staff member.
If the dispute is regarding fees associated with the business' activities, clerical
staff forwards the information about the disputed fees to the appropriate
Environmental Health Specialist (EHS). The EHS then conducts a site visit,
within ten (10) working days, to verify the activities for which the business is
being invoiced. The EHS determines whether the business has been correctly
invoiced. The EHS then provides a report and resolution recommendation to the
clerical staff for invoice revisions, if necessary. Should the EHS determine that
the business has been incorrectly invoiced, the permit staff manually generates a
new, corrected invoice which is forwarded to the business owner/operator. The
owner/operator is then given 30 days to pay the corrected invoice.
Should the business owner/operator not be satisfied with the recommendations
made by the EHS after the site visit, the owner/operator will be referred directly
to the VEH Director.
Fee disputes involving administrative activities such as wrongful assignment of
a fee and/or processing errors, are handled by clerical staff and the EHS. Final
resolution of the dispute rests with the Director of the VEH Department.
. Resolving disputes over penalty fees. Business disputes over assessed penalty
fees are subject to the requirements set forth in the Vernon City Ordinance. The
ordinance states that only the VEH Director may waive a penalty, and that the
Director may waive a penalty fee only if an error is made by VEH staff. Unless
these conditions exist, the City Ordinance does not allow the penalty fees to be
waived.
When the permit staff receives business appeals or disputes over penalty fees, the
owner/operator is informed of the limited conditions under which a penalty fee
may be waived. Disputes over penalty fees are usually handled by the office
staff, however, an EHS is available to conduct a site visit to verify business
activities and to attempt to resolve the issue. If the business wishes to take the
matter further, the business may present his/her case directly to the VEH Director
for fmal resolution.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 26
. Resolving disputes over surcharge fees. Businesses will be notified in advance
that VEH has no authority to waive surcharge fees for oversight. The VEH
would only waive other components of the surcharge if it were determined that
it was billed in error, or based on the criteria established by the State.
If a dispute arises over the amount and/or type of state surcharge fees assessed,
VEH will attempt to resolve the issue using a process similar to that described
under VEH Fee Dispute Resolution. Clerical staff will obtain as much
information on the dispute issues as possible. Clerical staff will $en forward the
information about the disputed fees to the appropriate EHS. The EHS will
conduct a site visit to verify the activities (and/or number of USTs) for which the
surcharge is being invoiced. The EHS will make a determination about whether
the surcharge fee components match those activities conducted at the business.
The EHS will provide a report and resolution recommendation to the clerical staff
for invoice revisions, if necessary. Should the EHS determine that the business
activities or number of USTs used to assess the surcharge are incorrect and do
not match the invoice, the clerical staff will manually generate anew, corrected
invoice and forward it to the business owner/operator. The owner/operator is
then given 30 days to pay the corrected surcharge.
Surcharge dispute records will be maintained. Disputes will be logged with
information on the business, the date, and the result of the investigation.
If, after the actions taken above, the surcharge dispute is not resolved or if the
dispute is regarding oversight, VEH will refer the business, along with current
business activity information, directly to the Secretary in writing for surcharge
dispute resolution.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 27
14. REpORTING AND AUDITING
The VEH department will submit annual reports to the Secretary, and will be subject to
reviews and audits by the Secretary at least once every three years. Refer to
Sections 13/ and 13J for a discussion of reports to be submitted to the state regarding
surcharge and programs. Self-audits of programs and fees will be conducted annually.
In addition to the annual reports, VEH will prepare and maintain on file annual
summaries that are subject to submittal to the Secretary upon 60 days notice (See Tables
5 and 6 for a description of how VEH will fulfill reporting and auditing requirements).
The following information shall also be reviewed, maintained, and/or reported:
. Data on regulated businesses will be maintained by VEH. This shall include
number of regulated businesses; number of underground tanks within the
jurisdiction; and the number of businesses authorized under the permit-by-rule,
conditionally authorized, and conditionally exempt tiers of tiered-permitting.
. VEH shall provide Tiered-Permitting reports to DTSC in the time frame and
format specified by the DTSC.
. VEH shall continue to comply with the State Water Resources Control Board
quarterly reporting requirements. Additionally, UST data from state forms A, B,
and C will continue to be collected and maintained by VEH.
A single fee billing system summary will be submitted to the Secretary, on Table 8, on
an annual basis.
15. RECORD KEEPING AND COST ACCOUNTING
Refer to Section 12C for discussion of records maintained and financial cost accounting
procedures.
CITY OF VERNON CUPA APPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 28
16. COMPLIANCE WITH TITLE 22, CCR, SECTION 66272.10
With regards to compliance with ~ 66272.10 of Title 22, CCR:
. VEH began implementing and enforcing Title 22, CCR pertaining to hazardous waste
generators in 1986. Inspection staff is adequately trained and is provided with sufficient
resources to perform specific functions related to the Hazardous Waste Control Law and
Title 22, CCR. See Section 17A of this document.
· VEH does not operate a permitted treatment, storage or disposal site.
. VEH staff is qualified per Title 22, CCR ~66272.44.
. VEH has adequate laboratory support through state certified laboratories. See Section
llH.
. VEH staff can provide adequate reviews, inspections and monitoring of hazardous waste,
and enforcement of the regulations in Title 22, Division 4.5.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 29
17. TRAINING AND TECHNICAL EXPERTISE
A. Technical Expertise Possessed by the Agency. VEH is currently administering the
hazardous waste generator (excluding PBR), HMRRP, RMPP and UST program
elements. VEH'S hazardous waste generator program has been in place since 1986; the
HMRRP and RMPP programs since 1986 and the UST program since 1983. See Table
1.
B. Technical Expertise Needed by the Applicant Agency. Methods used to meet the
minimum technical expertise standards for the remaining program elements include on-
the-job training, training offered by DTSC and other regulatory agencies, training
provided by consultants or training institutes, training provided by guest speakers and
through presentations or seminars. These standards also apply to those program elements
VEH currently administers. Additionally Title 22, CCR ~66274.44 will be used as a
standard for the generator and tiered permitting elements as discussed below.
C. Minimum Qualifications for Technical Staff
Educational Requirements. To meet VEH's educational experience requirements for
existing staff and new hires, one must have either a bachelor's degree in environmental
science, physical science, engineering science, industrial hygiene, chemistry, geology or
a related field. In addition, all new hires must be a Registered Environmental Health
Specialist within the State of California and possess or be willing to obtain a certificate
in Hazardous Materials Management from an accredited institution.
. A list of existing staff, job titles, job descriptions and years of employment is
provided in Appendix 17.
. The number of staff and years of hazardous material experience is presented in
Table 4.
CUP A Traininl: Requirements. Existing staff have received the minimum of 100 hours
of training specified in Title 22, CCR, ~66272.44(c). This requirement has been met
through on-the-job training or specialized training offered by DTSC or an accredited
training facility such as the California Specialized Training Institute (CSTI).
D. CUPA Oversight of PA Program Elements
This sub-section does not apply to the City of Vernon, as there are no participating
agencies involved with this CUP A.
E. Ongoing Training for Applicant Agency
Ongoing training to encompass the subject areas referenced in Title 27, CCR, ~15620(c)
and 15270(c) includes but is not limited to the following:
CITY OF VERNON CUPA APPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 30
1. Initial forty-hour HAZWOPER training (new hires only). This training covers
hazard recognition, health and safety protocol, use of personal protective equipment
and monitoring equipment.
2. Annual eight-hour HAZWOPER refresher training (existing staff only). This training
covers the same topics as the forty-hour HAZWOPER training, but in less detail.
3. Initial and periodic Tiered Permit training through DTSC.
4. Initial and periodic Administrative Fine Authority (toxic-ticket) training through
DTSC.
5. Periodic sampling methodology and evidence preservation training through DTSC.
6. Periodic case development and evidence collection training through DTSC or CST!.
7. On-the-job or in-house training related to enforcement case development through the
District Attorneys Office.
8. Periodic refresher training related to the use of monitoring equipment, data
evaluation, and the interpretation of results.
In addition, staff is encouraged to attend any relevant training opportunities. VEH has a training
budget of $6600 for VEH personnel (eight staff members including clerical). No specific
number of days per staff member is allotted each year for training purposes. However, for the
fiscal year 1994/1995, on the average, each staff member spent 7* days away on training.
Additionally, the City of Vernon Tuition Reimbursement Program is available to all staff for
professionally related training/educational opportunities offered through the state accredited
colleges or universities. Each staff member is allotted $1500/year in this program.
CITY OF VERNON CUPA ApPliCATION (DRAFT DECEMBER 5, 1995)
PAGE 31
18. ADDITIONAL PROGRAM ELEMENTS
See Section 111.
19. ADVERSE AFFECTS/FRAGMENTATION/CONSISTENCY
This Unified Program will be less fragmented, be coordinated and consistent, and cause
no adverse affects on Los Angeles County because the City of Vernon's CUP A will have
no PA's and has a history of implementing all elements.
20. CERTIFICATIONS
Appendix 18 provides certification that VEH meets the requirements of CCR Title 27
regarding administrative procedures, adequate resources, reporting requirements, and
notification of intent.
21. SIGNATURE OF AUTHORIZED REPRESENTATIVE
Appendix 19 provides the signature of the City Clerk of the City of Vernon certifying
the validity of the application for CUPA status.
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ApPENDIX ONE
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COMPLETENESS CHECKLIST
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CERTIFIED UNIFIED PROGRAM AGENCY (CUP A)
APPLICATION
COMPLETENESS CHECKLIST
JURISDICTION NAME:
City of Vernon Environmental Health Department
CONTACT PERSON NAME: Lewis J. Pozzebon, Director Environmental Health
ADDRESS:
4305 S. Santa Fe Ave. Vernon,Ca 90058
MAILING ADDRESS (IF DIFFERENT): Same as above
DATE OF APPLICATION: December 1, 1995
TELEPHONE NUMBER:
(213) 583-8811
FACSIMILE NUMBER:
(213) 583-4451
1 Appendix A \or this checklist 15150(e)(I) Appendix 1
e 2 Demographic Information 15150(e)(4) 1
3 Applicant Information 15150 3
4 Implementation History 15150(e)(16) 4-6
5 Geographic Scope 15150(e)(3) 5
6 Structure of CUP A 15150(e)(5) 6
7 Authorizations 15150(c) 7-8
7A Regulatory Authority 7
7B Ordinances & Resolutions 15150(c)(I) 8
8 CUP A and P A Issues 15150(d) 8
9 Unified Program Implementation Plan 15150(e)(6) 9
10 Consolidated Permit Plan 15150(e)(1O) 10-12
.
11 Inspection & Enforcement Plan 15150(e)(1l) 13-16
12 Fee Accountability Program 15150(e)(12) 17
12A Staff Resource Adequacy 15170(b)(3)(A-E) 17
. (b)(4), (b)(5)
e 12B Budget Adequacy/Annual Funding 15150(e)(14) 18
15170(c)
12C Contents of Fee' Accountability Program and 15170(f) 19
Cost Calculation Methods 1521O(b)(I)
13 Single Fee Implementation Plan 15150(e)(13) 20-26
14 Reporting & Auditing Requirements 15150(e)(15) 27
15 Recordkeeping & Cost Accounting Systems 15150(e)(17) 27
16 Title 22, CCR, Section 66272.10 Compliance 15150(e)(18) 28
17 Training and Technical Expertise 15150(e)(7) 29-30
15150(e)(8)
18 Additional Programs Elements 15150(e)(19) 31
19 No Adverse Impacts/ Less Fragmentation! 15150(e)(20) 31
Coordination and Consistency 15150(e)(21)
20 Certifications 15150(e)(9) 31
15150(e)(14)
15150(e)(15)
e 21 Signature of Authorized Representative 15150(b) 31
'JI' A18llLJES
1 Enumerations/Demographic Information 15150(e)(4) Table 1
2 Summary of Program Activities 15150(e)(16) Table 2
3 Time Allocation of Staff 15150(e)(14) Table 3
15170(b)
4 Training and Technical Expertise 15150(e)(7) Table 4
15150(e)(8)
CHAR'JI'
Implementation Timeline 15150(e)(6)(A) 9
lFRGUJRIE
Organizational Chart 15150(e)(5) Appendix 4
Only one signature will be required for the Certified Unified Program Agency Application.
Please see the signature block located in Appendix 19.
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ApPENDIX Two
HAzARDOUS WASTE ENFORCEMENT MODs (1986 & 1993)
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MEMORANDUM OF UNDERSTANDING
COORDINATION pF 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 ~ooperation and coordination in the
enforcement of State and local hazardous waste program requirements. The
purpose of this Agreement i~ to provide a" specific set of operating guidelines
designed to ensure t~at th~ 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 Health 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 Cod'e and for the registration of
hazardous waste transporters pursuant to Section 25163 of the Health and Safety
Code. The State has the primary reSponsibilit~ for surveillance and
enforcement activit!es relating Eo ~o~pliance with these ~ermits.
3. The City sh~ll have the primary responsibility for the
surveillance and enforcement of the treatment; storage or disposal of
hazardous waste in instances other than those coveied in item number 11.2."
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 11.2 and 11.3 and shall promptly refer complaints to each other as
appropriate.
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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 agenci~s.
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.
9. 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.
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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 agreemeryt."
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 limi ted to, the following
subjects:
1. The status of all enforcement litigation.
2. Plans to refer any matter for enforcement.
3. Sites requlrlng 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 r~spond .to an emergency situation. However, the parties
shall endeavor. to cotnrll,uni-cate".a'nd coqr:dinate.. the action to t_h~. maximum extent
possible. . _
A.pproved by:
'3 ~7 ,.:.' .y , 1986
."? ..2;:) ~.//~.xZ:
C. David Willis, Deputy Director
Toxic Substances Control Division
California Department of Health Services
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(''7
, 1986
.~
- Norman J. Mici
Ci-ty of Vernon
Health & Environmental Control Section
December 17, 1986 , 1986
4-
/4k~
Bruce V. Malkenhorst, City Administrator
City of Vernon
Approved as to form this ~~ay of ~C4J Ie t!J?0t.'1
, 1986.
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'BY \). \), \) ~.J~
Davld B. Brearley, City Attorney
City of Vernon
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CERTIFICATE
~
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. HALKENHORST, Clerk of the City of Vernon,
County of Los Angeles, State of California, hereby certify that
the atta~hed and foregoing is a full~ true, complete and correct
copy of .
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
the original of which is now on file in the office of the Clerk
of the City ~f Vernon, County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set
affixed the official Seal of the City of Vernon,
Angeles, State of California, this 5th day of
19~.
my hand and
Coun ty of Los
January
,
s/Bruc~ V. Malkenhorst
CLE;R~. OF TH.E CITY OF VER...'lON,
COUNTY OF LOS ANGELES, STATE
OF C LIFORNIA
By
/
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('b C "':)
!;. ]_ 2
. V:'i~I~.'::-;
PETE WILSON G. ....~.:;;.- ,
. Ovtffnorc
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STATE Or- CALIFORNIA - CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF TOXIC SUBSTANCES CONTROL.
1011 N. GRANDVIEW AVENUE
GLENDALE. CA 91201
.(8181551-2800
~.. 1
,/'
h/
November 18, 1993
Lewis J. Pozzebon, R.E.H.S.
Director/Health Officer
4305 Santa Fe Avenue
Vernon, CA 90058
Subject: HAZARDOUS WASTE MEMORANDUM OF UNDERSTANDING (MOU)
Dear Mr. Pozzebon:
Please find the signed MOU which the Department concurs with
the aforementioned document and hereby returns one (1) fully
executed MOU agreement form, as per your request.
e
us li{~f~s Specialist
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4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
HEALTH AND ENVIRONMENTAL CONTROL
October 7, 1993
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
Mukul Agarwal
California Environmental Protection Agency
Department of Toxic Substances Control
1011 N. Grandview Avenue
Glendale, CA 91201
DA VID B. BREARLEY
City Attorney
FAX: (818) 330-5818
VICTOR H. V AITS
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In Reply Refer to:
r"lil"n .....
CERTIP ED .Ktt'l!,QN 3
p 297 5't~idO! ED
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n~bJ 0 .....MIVI! f:'lf'r'\,
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Subj ect: HAZARDOUS WASTE MEMORANDUM OF UNDERSTANDING (MOU)
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Dear Mr. Agarwal:
We are forwarding one original and one duplicate original of the
MOU agreement for our agencies. Both were fully executed by the
City of Vernon following the Council Meeting held on October 5,
1993.
We request that your agency execute both documents and return one
fully executed MOU to us. We appreciate your assistance and look
forward to continuing our working relationship with your
department.
/1 ~_;
~ / ~_.._~!
SindenrTy,
~ I 'C)~'/ / ,ib..,
f ~, ~..:>
, -
Lewis J. Pozzebon, R.E.H.S.
Director/Health Officer
cc: Bruce Malkenhorst, City Administrator (n/enclosure)
Scott Simpson, Dept. of Toxic Substance Control, 1011 N.
Grandview Ave., Glendale CA 91201 (n/enclosure)
Dennis DiCkerson, Dept. of Toxic Substance Control, 1011 N.
Grandview Ave., Glendale CA 91201 (n/enclosure)
Larry Matz, Hazardous Waste Management Program, Dept. of Toxic
Substances Control, P.O. Box 806, Sacramento, CA 95812-
0806 (n/enclosure)
Enclosures (2)
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SII:hzmat.HWMOU3
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MEMORANDUM OF UNDERSTANDING
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' joint 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.
II. GENERAL PROVISIONS
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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.
C.
D.
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The City, in coordination with the
conduct inspections of hazardous
activities by transporters.
Department, may
waste handling
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.
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H.
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I.
J.
K.
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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 seg. The Department will notify
the City of any sU9h 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.
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.
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.
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 complexi ty 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.
The City shall ensure that trade secrets, obtained for
purposes of enforcement of the HWCL, are utilized only in
2
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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 Section
25173.
L.
To the extent funding is available, the Department shall
provide consultation, training, and lab services to the
City upon request.
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.
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.
M.
N.
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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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B.
IV. REPORTS
7. Any other relevant iss~es.
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.
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.
2.
3.
4.
e 5.
6.
7.
8.
B.
C.
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Name and address of generator.
EPA or State ID #.
Date of Inspection
Types of Violations Detected.
Type of Enforcement Action Taken (informal, civil,
criminal, administrative).
Date Enforcement Action Commenced.
Date Enforcement Final.
Terms of Final Enforcement Action (including fines
or penalties, agency costs recovered, jail
sentences imposed).
9. For formal enforcement actions, the Date facility
returned to compliance.
The Department will provide the City with information
similar to Paragraph A above within 90 days of the end of
each fiscal year.
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.
4
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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 this MOU shall not apply to situations where
either 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 pos~ible.
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.
5
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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, pl~nning agencies, etc.
6). Distributing information concerning available financial
assistance for waste minimization/pollution prevention;
and;
7). Other appropriate activities as identified.
1 of 2
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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
work$hops;
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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2 of 2
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Nol/ Cj ~ /915
D te
, Deputy Director
Hazardous Waste Management Program
Department of Toxic Substances Control
'California Environmental Protection Agency
~Q~~
Surveillance and Enforcement Branch
Region 3
, Chief
/c-/I~/93
DATE
ATTEST: /~
/L---/ rd~~
BRUCE V. MALKENHORST, City Clerk
CITY OF VERNON
BY :-!d;~rf. l,t ~ 4' '7; /(~.. '-r.t..,-- /"
"Mayor Pro Tern I
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t/~IS: 179J
DATE"
APPROVED AS TO FORM:
\0~D,\>~
DAVID B. BREARLEY, City Atto ey
SII:hzmt\MOU.2
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ApPENDIX THREE
CITY OF VERNON MAP
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ApPENDIX FOUR
CUPA INTERNAL ORGANIZATION
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CITY OF VERNON
Health Department
lewis Pozzebon
,DIRECTOR/HEALTH OFFlCER
CHIEF DEPUTY DIRECTOR
Dan Downing
SECRETARY
Charla Duncan
UTlUTY CLERK
HAl MAT
Unda Smith
e
SENIOR ENVIRONMENTAL
SPECIAUST
HAl MAT/RMPP
Jim Wilcox
ENVIRONMENTAL
SPECIAUST
- TIm Blank
- Food/Water Quallty/
Haz Mat
- Leonard Grossberg
- Haz Mat/Haz Waste
Underground Tank/
Garment Manufacturlng/
Medfcal Waste
-
Paul ManasJan
- Solid Waste Management!
Hcrz Mat/Underground Tank
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10/95
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ApPENDIX FIVE
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ORDINANCE No. 961
HAZARDOUS MATERIALS MONITORING PROGRAM
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ORDINANCE NO. 961
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Article IV. Hazardous Materials Monitoring Program
Sec. 13.48. Purpose.
Thc-dl'cL1TCd purpose of this Article is (i) to pr{wide for the establishment of a program
tn munitor establishments where hazardous materials are producl'd. stored. handled.
dispuS\.>d of. trt'ated. emitted. discharged. M rt,'cyc1ed; (ii) to provide that said program be
ddmini~h.'n'd by the Health Olfin'l'; and (iii) to provide that the Fire Department be
assi~IH..'d thert.'sponsibility to be the ERlC'rgcnC'y Rl.'sponsc Agency and to direct and
coordinate t.'mcll;cncy TC'spunsc in the l'vent uf relt>ases of hazardous materials.
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Sec. 13.49. State Law Adopted by RefeRnce.
The CUy Cuuncil t\f thl' City orVernon hereby adopts by reference the requirements (If
the State Hazardous Waste Contrul Law_ Chapter 6.5 of the Heillth and Safety Code and
the minimum st.lndards for th\.. management uf hazarduus and extremely hazardous
WJ5tl' as Spt'cifit'd in Chaplt.r JO. f)h'isiuo 4. Title 22 (If thl' California Administr.1tivl" COdl'.
,lnd the requirt'ments fur thl' h.a:rAHdllus makrio1ls rel\.'asl' fl'SpOnSl' pl"ns and inventory
I.,W. Chapter 6.95 of till..' Hl'alth and Saf....tr Cndl' of tht' Statl' uf Califurnia.
Sec. 13.$0. D~nnitions.
Fllr th\.. purposes of this Ar!icll..-. th\.. fnl1uwin~ w(lrds and phrast.s shall haw the
nll".lnin~s fl.!'>p....ctively ascrib....d tn th\.'m l't~. this St..ction:
"CAS Numbl'r" means the unillu\.' idl'ntificati(ln numbl..'r assigned by the Cnemical
Abstr.Kts Sl'r\'icl..' to specific chl!mical substanCl'S.
"Citr Ctluncil" means the City Council of th\.. City of Vernon.
"Cuntin~l'ncy Plan" means a business plan ur area plan setting out an organized.
plannl'd .lnd Cllllrdinated course of actinn to be folltlwt'li in caSt.' of a fire. t.'xplnsion or
unplann\.'li rl'h:ase of hazardous material so as to minimize \.'xposure and hazards to
hum,ln h",'allh and thl' ",'nvironment.
"Emerf;l'ncr Rl.'spunsl.' A~ency" means the Fire D....partmtmt uf tht.. Citr of Vt'rnun.
"Extremel~' Ha7.ardtlus Wast\.... means anyhazardou~ waste ur mixture of hazardous
\\'.lsks which, if human ",'xpnsun.' should occur. may likely rt.'sult in dt.'ath. disabling
p\-'rsunal injury or St.'rinu.. illness cau~ed by the hazardous waste becausl.:' (If its quantity.
CtlOcentrathm ()f ch\.'mical charach.'ri~tiC5.
"Fir(' Chief" mt.'ans th\.' Fin.' Chief of the Vernon Fire Dt.'partmt.'nt. ur his dul~'
.,uthuriz\.'Ci. rcprt.'S(!ntati\'t.,.
..Bandlt.... mean!> tu u!'ot.. ~Wnt..rab... pWCl'SS. produce. packagl.'. trt.',lt. stur('. ('mit.
l.iisch.ur;t.'. incim'rate. recycle or dispose uf a hazardous material in any fa~hi(ln.
"Hazardous Material" means any material that. because of its quantity. concentration.
or physical or chemical characteristics. poses a significant present or potential hazard to
human health and safety or to the environment if released into the workplact' or the
t.'n\'imnnwnl. "Hazardou.. Materic,ls" indud..... bur .ut.' nnt Iimitl'd tn. ha7.arduu!' ~Ul'lSt.lnCl'S.
hazard(lus wastc. and any material which a handlt.'r or Iht.' 1(lcal a~wncy ha~ a fl..'asunilbk'
basis fur bt.'li\.'\'in~ that it W(luld be injuriuus tn tht.' h....alth anl.i ...l(t..tyof pef5uns or harmful
In tht.' t.'nvirnnment if rt.'I\.'a~'d inltl thl..' workplaCl.' tlr th\.. t.'n\"irnnment.
"Haz.ul.iuus Materials Establishmt.'nt" mt.'ans any mom. building or plan.. ur portillO
thereof. maintained. used (lr tlPt.'ratt'd whl..'fe ha7.ardnus matl'rials arc pwducl'l.i. stured.
handled. disptlst'li uf. l'milll'd. treated or rt.'cvell.d.
"Ha7..ardllUS Waste" means a wastt.' or co~binalinn of wastt.'s ~hich. be<:ause of its
quantit~.. cnncentrati(ln. (If physical. chl'mical. or infecti(lus charilcteristics. may either:
(a) Caust.'. or si~nificantly contributl' hI an increase in mortality or an increase in
~rious irrewrsible. or incapadtating rl'\'ersibl~ illness; llr
(b) Post.. a substantial prl'sent or potential ha~ard tu human health ()r l'nvimnment
whl"n improperly treated. stured. transported or dispused of. (lr utherwi5C managed.
The term "Hazardous Waste" shall bl' understood to also include "Extrt'meh'
Hazarduus Waste". unless expressly provided and mislabeled or inadequately labell'd
ha7.ardous materials; and hazardous materials packaged in deteriorated containers.
"Health Officer" means the Cit)' Health Officer. or his duly authorizt.>d rt.'presentatiw.
The dutit's of tht.' Health Officer are those set forth in the Health and Safety CudI.' of Iht.'
Stale, Whenever a power is granted to or a duty imposed upon the H\.'ill~h:)fficer in this
Article. the POWN may be exercised or thl' duty performed by a duly authorized
reprt.'scnlatiw of the Health OmCN. unless this Article expressly provides otherwise.
"Local A~ency" mt'ans the Health and El1vironmental Control Section of the City of
Vernnn. .
"MSDS" means a "Material Safely Data Sheet" prepared pursuant to.Section 6390 of
the California Labor Code. For any hazardous material for which a Material Safety Data
Sheet is ntlt required to be prepared pursuant to Section 6390 of the California "Labor
Code. a MSDS which contains the informatilm specified in Section 6391 of the California
Labor Code shall satisfy the definition of a MSDS under this Article.
See:. 13.51. Enfore:ement Responsibility.
(a) It shall be the duty of the Health Officer to enfurce the provisions of the Stale
Health and Safety Code. Chapter 6.5. and Chapter 6.95 pertaining to hazardous wastes
and hazardous materials and the minimum standards specified in Chapter 30. Division 4.
Title 22 of California Administrative Code and any additional requirements specified in
this Article;
(b) It shall be the duty of the Fire Chief to revil'\\' and approve contingency plans to be
implemented in the event of an unauthorizl"'d release;
(c) The lucal agency is hereby designated to bt.' responsible forlhe administration and
enfmcemt.'nt of the provisions of this Article;
(d) Thl' emergency response agency shall review and approve contingency plans
required by S\.octions J 3.60 and 13.61 and shall establish a city wide cuntingency plan tobe
impll'm('nted in the event of an unauthoriZl'd release of hazardous materials that may
extend qeyond the premises where the release occurred.
See: 13.52. Inspection of Haurdous Materials Establishments.
It shall be the duty of the local afi;cncy to make pl'riodic in!1opt.'ctiuns of all hazarduus
materi.ll!'O l"'stablishments in the City of Vernon. The local a~enc~ ..hall closely coordinate
its insppction activities with the emergency response agen\ \ .1Od other city departments
and public agencies. Such inspectiuns b)'othcrcitydepartmt.'ntsand public agencies shall
be coordinated so as to ft.'duce duplication of effort and assure consistency of
enforcement.
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See:. 13.53. Permit Requirement.
(a) It shall be unlawful for a person 10 establish. opl'rate. or maintain a hazardous
materials establishment without first obtaining a hazardous mat{'rials establishment
permit from the local agency.
(b) Owners and operators of permitted hazardous materials establishments shall
report in writin~ any change of ownership. business name or address information within
thirty (30) daysnfthe occurrence of the change. and requestan amendment to their permit
or a nl'W permit.
(c) Ntl Pl'rmit issued pursuant to this Article shall be transferable.
(d) ^ copy ,of the current permit ora mended permit shall be provided the emergency
re!iipnnse agt.'ncy by the local agency within two (2) working days of approval.
See:. 13.54. Permit App1ie:~tion.
(a) Everyapplicant fora permit. required by this Article. shall file a wrillenapplication.
t>efore commencing operation. on a form provided -by the local agency and shall be
<Iccompanil"'d by the appropriate fee. as specified in section 13.55. Those hazardous
..nto.ri ,1(, ....~.,hli..~.n.."h: in (IN.r.ltilln orinr tn tht> dh.C'ti\'(' d"h'(lf thi.. nrdinanC"t"' ..h.,11 filt'
(b) An applicatiun shall includl.'. but not be limited tu. th\.' fulluwing informi\titlO:
(1) The name and address of the prop...'rly ownl'r and thl' oWOl'r-operator uf the
t.'stablishment;
(2) The address and lucatitlO of the establishment or activity;
(3) The name(s) and 24 huur phone number(s) of contact person(s) llualifil.>d and
authmized to act as emergency coordinators;
(4) A listing of the chemical name. any common name and the CAS numb!.'r fur
each ha7.ardtlus material handled;
(5) A MSDS for each hazardous material handled;
(6) The approximate annual quantity of ('ach hazarduus material handl~d:
(7) The maximum quantity of each hazarduus matl'rial on thl' premises at any om'
time;
(8) A descripti<m of the ha7.ardous matl'rial activity bl.'in~ conduclel.i;
(9) A statf.'ment that appropriate permits to operate and discharge have been
obtained frum Fl'deral. Statl" Rl'~ional and 10c.ll a~l'ncit.'s anl.i it list uf such .'~l'ncil's.
permit number. Pl.rmit typl' and \.'xpiratitJn dates~
(e) ^ permittee shall nulify thc local agency. in writin~ of any changt.s in itt.'ms b(l}
thrnu~h b(9) abow within thirty PO) d.,yS. .lnd thl' local "At.'n,y Sh,lll.lnll'nl.i th.... p...'rmit
accllfltin~ly.
(d) ^ copy (If the applicatit'n. and allacht.'d ducuml'nts Sh.lll bl' pruvidt:d thl'
emergl'ncy fl'sponsl' aj;ency by the local a~ency within two (2) wmking days of receipt.
Sec. 13.55. Permit Fee.
(a) A fl'l.' shall bl' paid to the local agency by l';lch person whu submits an applicatiun
fm a pl.'rmit tu opt'ratl' a hazarduus materials establishment ()r to fl.'nl.'w. .1mt.'nd lIr
terminatt' a pl'rmit requin'd by this Article. Such permit ft.,t.'s shall bt.' \.'stablishl'd l'ly
r\.'soluliun of thl' City Council of Ihe City of Vl'rnon. at a Il.\'t.'l suffici\.'nt Itl pay tht.'
Ol'c\.'ssarv and reasunabll' costs incurred in administerin~ this Articl\... indl.ll.iin~ but nut
limitl'd t~l. permitting and inspl.'ctiun servict's. The City (uundl may pmvil.i\.' fur tht.'
waiver.of ft.'es when a public agency makes an application fur a permit ur rl'nl'WS a pt.'rmit;
(b) Tht.'ft.. shall be added tu and wlleC'ted with th\.' Pl.rmit mother ft.'t.'!108 pl'n.lllyt'qual
tn tl'n percent (10%) of thl' fee fur all f\.'\.'s Ihat arc ddinlluent fur thirty (30) days. Fur t.'ach
.ldditiunal month ur fractionthefeof in which a delinquenl-y continues. an addititmal tl'n
pt.'rcl'nt (lO%) penalty shall be collected. In no l'wnt shall the total pl'nalty l.XCl.....d si)(ty
(60%) of tht., permit lee.
(c) Ntl refund llr rebate of a permit fee !'hall be alluwl'd by reasun nf th\.. fact that tht.'
permit is dt.'ni('d or the permitteediscuntinue('peratinn (lfthe facilityprimtn expir,ltinn (If
th.... h.'rm or that th\.' permit is susp\'nded ur rl'vukt.'d prim to tht.' l..'Xpir,'liun tl! tht.' h:rm.
Sec. 13.56. Permit Renewal.
Th\.. initial ha7.arduus materials establis.hment permit shall b\.. .fl.'nt.'wed annually upon
paym\.'nt (lfthl' renewal fee. An applicati()(l shall he submltt\.'ll hlr l.'ilch St.'CCl'l'din~
r....Ol.walpl'riod anl.i shall includ(' all pertinent chan~l's m.lde sinet.' tht.' prl'\,ilIU<;
"Pplkatiun. P\.'rmils shall bt.'wml' dfectiw on July 1st and l.xpir.... un tht.' full(lwing Junt.'
311th (If t'ach Vl'ar. Pt.'rmils that an' not rl'new\'d hv Au~ust 1st l'lt'cn.lll.' ddinllllt.'nt and at\..
slll;ljt.'cl to th-t,' pl'nalty indkat....d in Sectinn 13.55(b). .
See:. 13.57. Notice of Approval of Disapproval.
iht' lucal t1gl'ncy sh"lI dt.'tl'rmind. after conducting an inspl'ction of the haz.,rdous
mah:rials l.'slablishmt.'nt. whethl.'r th\.. initial application filed hy tht.' applicant is accurat....
and cl1mpk'll' ,lnd Shilll issut.'" writtt'n nutice of appnwal (Ir disappn)val uf tht.' issuancl.' uf
a Pl'rmit to the establi!'hml'nt upl'rah)r within 60 days tIt tht.' e\'aluatiun inspl'ctiun. Thl~
pt.'r01iHt.'l' may appl..,lthl' dett.'rmination tu the Cit~. Cnuncil. Failurt.'to filt.'a writtl'nappl'al
with till' City CI\.'rk within 1hirtv (30) days uf said dd\.'rminatiun shall bt.'decmt.'d a waiwr
of th\.' ri~ht" tu appt.'al. . .
See:. 13.58. Permit Revocation or Suspension.
Thl' h,lZarduus miltl'rials l.'stahlishment pl'rmil shall bt.' subil'ct tu r\.'vucatiun or
suspl.'nsion by the Incal a~ency upun thl..' determination by the hlcal a~l..'ncy of a violatiun
l'ly the holder of such permit. hist.'mployt.'e. or agent. or any other person acting with his
conSt.'nt or under his authuritynf any pro\'ision of this Article or any rderenc('d lawtlf the
State ofCalifomia. The permittee may appeal the ruling to tht' City Council. Failure to file.l
written appeal with the City Clerk within thirty (30) days of said rulin~ shall be det'med a
waiwr of the right to apPl'al.
See:. 13.59. Responsibility for Proper Storage. Handling. Treatment and Disposal of
Huardous Material.
.
It shall be the rl'sponsibility uf thl'l.'stablishmt.'nt opl'rator to Upt.'rall' and maintain thl'
hazardous matl'rials establishment in a manner when'bv all hazardous materialis stured.
handled. treated or disposed ol in a lawful and !'afe ma"nm>r. An establishment uperator
shall operate and maintain all ar\.'as used for stura~\.'. trt.'ahnent llr handling of hazard(lUS
material in a manner which minimizt.'s p<lssibilitYllf a fire.l.'xpl(lsi\lO or unplanned rdease.
whethl'r sudden or :;10...... into the air. soil (lr watt.~r,
See:. 13.60. Requirement for Contingene:y Plan.
Tht.' uwner or operator uf \.'ach hazarduus materials \.'stablishml'nt permitted by this
Article shall prepare and maintain it contingency plan which sh.lll bt' fill'd with tht.'lueal
a~ency. The local agency shall file said plan with the eml'rgency rt.spuns.... a';t.'ncy. Thl.'
prnvisions of said plan shall bt.' carried uut immediately .....henewr theft.. isa firl.'. l'xplosiun.
or release of hazardous materials.
See:. 13.61. Contents of Contingene:y Plans.
Contingency plans shall include. but not bt.. limit\.'d to. thl.' folluwing informatiun:
(a) Gt.'neral description of the establishment;
(b) A listing uf the chl'mk.ll namt.. ur common namt.' uf all hazardous matt.'rials
genl!rilll'd or hanc.U...d;
(c) A li..tinguf a chemical and ph;.'sicalanalysis fort.'ach hazarduus matt' rial. including
the known proper melhod(s) (I(handlin~ treatment. storage and dispusal oftht.' materials;
(d) ^ list of namt.'{s). addfl.'ss{es) .1Od day and night phunl' numbt'fS uf all pl'rsnns
qualifit.'d tll act as emergency courdin.ltnrs;
(e) A list uf ""I1l\.'rgency respnnse agt.'ndes .....ith phtlne numbers to be contacted in the
event of a fire. explosion or unplanned relt.'asl' uf hazardtlu!'o matl'rials;
(f) A description of procedures. equipment and materials hi be used to contain and
clean-up spills of hazardnus materials;
(g) A list. descriptiun and location of \.'mergt.'ncy ""quipm\.!nt availal'll...' at thl' facility
that will prl'vent or mitigatt' the l'xposur\.' (If humans and th... l'nvironnv.'nt hi hazardnus
material!1o;
(h) An evacuation plan fur all buildings and prl;'mi~es;
(i) An idl'ntificationof all acc('ss driveways which will be maintained and be
continually available for emergency response vehicles.
Sec. 13.62. Responsibilities of Emergency Coordinator(s).
Emergency coordinators shall have thl' foll(Jwin~ rt'spnn!'oil"-ilitit..s in the ewot of a firt.'.
explosion or any unplanned release of ha7.ardous material:
{al Compliancl' with St.'C. 13.63;
(b) Assist the emergency response agency authuriz\.'d officl'r by pruvidinginfnrmati,lO
and assisting in expediting appropriate t'vacuation plans.
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Sec. 13.63. Notification of the Emergency Response Agency and Local Agency.
The emergency n.'sponsc agency as well as the Jocal agency shall be immediately
nutifjed ()f any rt.'lease of hazardous materials. -
Sec. 13.64. Huardous Materials .Spills or Reluse.
The t.'mergency response agency shall have scene management authority of hazardous
materials spills or release on streets. roads. public and private property. except freeways,
within tht.' city limits of the City of Vernon, Other city departments shall assist by
providing their normal support roles of perimeter control establishing access routes for
emergency eq1;lipment. assisting in evacuations of non<ontaminated areas, providing
equipment and personnel for containment and clean-up as directed by the authorized
officer. The local agency shall consult with the scene manager, take samples. make tests
and othcrwise assist in ...vacualions and dean-up as requested.
Sec. 13.65. Personnel Training.
The establishment operator shall be responsible for the training of all personnel that
work with hazardous materials at the {>stabhshment. The training shall include classroom
nr on-the-job instruction which teaches facility personnel hazardous material management
safety pr()c('dures. contingency plans and laws relevant to the positions in which they art'
assigned. Records shall be maintained by the C'Slablishment operator of names of
personnel receiving training. dates of instruction and subject matter.
5f.oc. 13.66. Requi~ments for the Termination of Hazardous Material Activities or
Closure.
The owner or operator of a hazardous materials establishment shall notify the local
agency at least thirty (30) days before the date of terminatinn of hazardous material
activities or closure and apply for a Certificate of Closure, If the owner or operator has less
than thirty (30) daysadvanre knowledge of closure, he shall notify the local agency on the
next working day after receiving such information.
Sec. 13.67. Remov.al Requirement.
Within ninety (90) ,days of closure or termination of hazardous material activities. all
hazardous materials and hazardous material residues shall be properly removed from
equipment. structure and premises.
Sec. 13.68. Requirement for Certific.ation of Closure of Hanrdous M.aterial Activities.
(a) Both the owner or operator of a hazardous materials establishment and an
independl'nt qualified ~ngineer registered in California, or a chemist with an appropriate
degree in chemistry, shall submit to the local agency a certification that the establishment
has cumplied with Sec. 13.67. Thecerlificate shall detail the method of sam piing or testing,
as well asc!can-up procl'dures followed, The disposition of hazardous materials formerly
slored at the establishment shall be slated in the report;
(b) The premises shall not be reoccupied until the Certificatt' of Closure is approvl'd
by tht! local agency;
(c) ^ copy uf the Certificate of Closure shall be providro the t.>mergency respunse
agt.'ncy by tht! local agency within two (2) working days following approval.
Sec. 13.69. Variance Applications.
(a) Any permit holder or permit applicant who. handlt!s only a limited amount uf
hazardous materials which is generally available as an over.thl'-counter product to the
public, may apply to the local agency for a variance from Certain ur all porti(JOs of this
Article;
(b) Any permit holder orpermil applicant may apply hI the localal<wncyfoTa variancc
from specific requirements of this Article;
(e) Variances will be considered based on thl' submis.siun of c1ea~ and convincing
justification or evidence that the granting of a variancc will not PUSl' a s.i~nificantthrcat to
public health, public safety, Or the environment. Should tht.> variann' tt", df!nied. the
applicant may appeal the denial to the City Council, Failufl'lu file a written appeal with thl'
City Clerk within thirty (30) days of said dt!terminatiun shall b,,' d..'emcd a waivcr of the
right to appeaL
(d) Variances may be revoked by the local agency upon tcn (10) dayswriUen notice
sent to applicant by regular mail at applicant's last addn>ss cnntained in applicant's last
filed application, Said variance may be revuk,,'d b,,'cauSl' n( (Jpt:ratinnal changes such as,
but not limited to, a change in the justification ur C'videncl' !oubmiUl'd with the uriginal
variance application. ur ior violatiuns uf applicable laws and/or rc};ulatiuns.
Sec. 13.70. Further Regul.ations.
The local ag,,'ncy may promulgatl' rcgul,"Itiuns to furthl.'f fl'fim' or clarify thl'
rl'quirementsof this Article, Such rl'gulatitlO shall bc.'CtlOlained in a rt.'S(Jlutiun and shall be
effective aflt!r appruval by Ihl,.' City C(Juncil. Upon appruval, such rl'gulatiuns shall have
the same f(ltCl' and dfl'ct as nlhl'r provisions uf this Articll'.
Sec. 13.71. Applicability of Other uws .and Regulations.
Laws and regulaliunsof ntht!r Stale, R,,'~ional and ItICalagencies may apply. in addition
tn thus,", of the California Department elf Ht.'alth Servic,",s listl'd in Ihis Articlt.',
Sec. 13.72. Uns.afe Handling of Hazardous Materials, Notices, Penalties.
Thl'local a~ency is authorized to issut! writh.'n orders tn comply with pruvisionsofthis
Articll' in ('ases wht!re in the judgment of the local agency hazardous material isbt.'ing
imprupt.'rly handled. used, stnrcd or disposc.-d of, Failurt! to cumply with wrillt!n urdcrs
, issul'd by the Incal agency within the time specified could rcsuh in pl'rmit suspl'nsion or
n'vocatinn and/ur the assessment of civil penalties. fines, imprisunmt!nl.
Sec. 13.73. Pen.allies for Vio1.ation.
Any perStm violating any of the provisions of this Article shall be guilty of a
misdemeanor and upon conviction thereuf shall be punishable by a fine of nol more th.an
fivt.' hundred dollars ($500) orby imprisonment in the county jail fura period of no I mure
than six (6) months. or by'bnth such fine and imprisonment.
APPROVED ANp ADOPTED this--M!!L-day of~. 1986.
A TIEST:
LEONIS C. MALBURG. Mayor
BRUCE V. MALKENHORST. City Clerk
ApPENDIX SIX
ORDINANCE No. 944
UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
CERTIFIED UNIFIED PROGRAM AGENCY (CUP A)
APPLICANT CERTIFICATION
I hereby certify the following:
1. On January 3, 1995, the City Council of the City of Vernon approved and
adopted Resolution No. 6572 authorizing the issuance of a Letter of Intent, to
apply as the Unified Program Agency for implementation of all SBI082 program
elements, to the California Environmental Protection Agency. See Appendix 11.
2. On January 4, 1995, the Vernon Environmental Health Department sent, by
certified mail, the above mentioned Letter of Intent to the California
Environmental Protection Agency. See Appendix 11.
3. The responsible agency involved in the implementation of the Unified Program,
as proposed by this application, has adequate resources to carry out the Unified
Program.
4. The City of Vernon is a non-county entity. Los Angeles County was notified of
our intent to apply to administer the Unified Program within our jurisdiction. See
Appendix 11.
5. The information provided within this application is true to the best of my
knowledge.
6. I understand that this certification is an integral part of the formal application for
certification as Certified Unified Program Agency, and that any false statement
may be grounds for denial or revocation of the Unified Program authorization by
the Secretary of the California Environmental Protection Agency.
BRUCE V. MALKENHORST, City Clerk
City of Vernon,
Date
ORDINANCE NO. 944
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Article III. Underground Storage of Hazardous Substances.
See.. 13.27. Definitions.
Fur the purpuses of this article. the following words and phrases shall have the
meanings resP'!cth'ely ascribed to them bv this -section:
(.1) '.8,,,,,.'" nll'.ms tht.' State Water Resources Control Board
(b) "Dt'lJ(/rlmc't"" mt>ans the State Department of Health Services.
Cc) "F,lfili,..," means an)' one, or combination or. underground storage tanks used by a
single busint.'ss entity at a single location or site.
(d) "Ha:Jlrllt'''~ sull:;fallfr" means all of the following liquid and solid substances and
shall include .1 mixture if it either is a waste and contains any material regulated by this
artidt.' u( is cl nonw8ste and contains one percent by volume or more of any material
n.'~lIlatl...t by this article.
(1) Substances un the list prepared by the Diredor of the Department of Industrial
Rl.'latinns pursuant to Section 6382 of the State Labor Code.
(2) Hc17.ardous SUPSlelm'I.'$, as defined in Section 25316 or the State Health and Safety
Codl'.
(3) Any substances or material which is classified by the National Fire Protection
A",,,ncic1tion (NFPA) .lS a flammable liquid, a class II combustible liquid, or a class III-A
combuo;tibll' liquid.
(4) An~' substance listed as hazardous or extremely hazardous in Sections 66680 and
b6685 of Tith,' 22 of the California Administrative Code. as amended.
(t.>) "LI"If:,,1 agl"lIf!'" means the Health and Environmental Control Section of the City of
Vl'rnon
(f) "Perso"" means an individual trust. firm,. joint stock company, corporation.
including a government corporation. partnership and association. "Person" also includes
any city, county, district. the state or any department or agency thereof.
(g) "Primlfry (IIIIlaillml."t" means the first level of containment, such as the portion of a
tank which comes into immediate contact on its inner surface with the hazardous substance
being cuntained.
(h) "Prtlffll(t-fi,~/II" means impervious 10 the substance which is contained,. or is to be
cuntained, so as to prevent the sel'page of the substance from the primary containment To
be product-tigh~ the tank shall not be subject to any physical or chemical deterioration by
the substance which it contains over the useful life of the tank.
(i) "&IWI,ftlry Ctlllt"iume"t" means the level of containment external to, and separate
frum, tht.' primary conlainment.
(j) "Sillgll'-u'ld/t.J" means cnnstructiun with walls made of only one thickness of
material. For the purpose of this article, laminated, coated. or clad materials shall be
considered single-walled.
(k) "5111("10"1.'" or "$llIrl''' means the containment, handling or treatment of hazardous
suhstances. either on a temporary basis or for a period of years.
(I) "U""utJlllrizl'd rdrn~l'" mt.'ans any release or emission of any hauardous substance
which does nut conform tn the prmisionsof this article.
(m) "Umlt'T,'{T'llulld $h)rtl,~ ItlllJ;" means anyone or combination of tanks. including pipes
connected thereto, which is used fur the storage of hazardous substances and which is
substantially ur tutally beneath the surface of the ground.
(n) "S,lt'cial im,'J('clllrS" means a professional engineer, registered pursuant to Chapter7
(cummencin~ with Section 6700) of Division 3 of the Business and Professions Code, who
i.. qualified toattesl ata minimum. to structural soundness. seismic safety, the compatibility
tlf constructiml materials with contt!nts, cathodic protection. and tht! mt.'chanical cump.lti.
I:tilih' uf thl' structural t.'lements.
{o) "Olt'rrl"r" ml'ans the ownl'r uf an underground tank.
(p) "a,Ieratl"" means tht' (lpt.~rator o( an underground storage tank.
(q) "Pipt''' means any pipeline or system of pipelines which is used in connection with
thc storage of hazardous substancl's and which are not intended to tninsport hazardous
substances in interstate or intrastate commerce or to transfer hazardous matt.'rials in !'ulk to
or from a marine \'essel. (Ord. No. 944, S3.'
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Sec. 13,28 Requirements.
All requirements in this article apply to the construction. operati(lO, maintenanct.',
m(mHoring. and testing of underground s~orage tanks. as defint'd in subdi\ision (m) of
Section 13.21, which are required to obtain hazardous waste facilities permits frum the
Department (Ord. No. 944. ~3.)
See. 13.29. Master list of hazardous substances.
The local agency shall compile a comprehensive master list of hazardous substances.
The master list shall be made availablt.' to rhe public. The local agency and the owners or
operators of underground storage tanks shall use the master list to determine which
underground storage t.,nks require permits pursuant to this article. Hazardoussubstanct!'s
included on the list may be denominated by scientific, common. trade, or brand names. The
local agency may revise, when appropriate, the master list of hazardous substances. (Ord.
No. 944, ~3.)
See. 13.30. Assumption of responsibility.
Tht.' City of Vernon ht'rt'by assumes responsibility for the implementation of this a rtide
and, shall have exclusive jurisdiction within the boundary or the city for the purposes of
carrying out this article. The city shall provide notice of its program to the County of Los
Angeles. Ihe Board, the Departml'nt and the State Office of Emergency Services. The city
coundl of Ihe City of Vernon ht'reby designates the local agency to be responsible for
administering and enforcing rhe provisions of this Ordinance. (Ord. No. 944, S3.)
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See. 13.31. Pennit requirements.
(a) Except as pro\'idt'd in subdivision (b), no person shall own or opt.>rate an
underground storage lank unless a permit for its operation has been issued by the local
c1E;cncy to the owner. The local agency shall prepare a form which provides for the
acct'ptanct." of the obligations of a transferred. permit by any person who is to assume the
ownership of an underground storage lank from the previous owner and is to be
transferred the permit 10 operate Ihe lank. That person shall complete the form to the local
agency within thirty days after the ownership of the underground storage tank is to be
transfl'rred. The h1cal agency may review and modify, or terminate, the transfer of the
pt.>rmit to operate Ihe underground storage tank.. pursuant to the criteria specified in
subdh'ision (b) of section 13.39 upon receiving the completed form.
(b) Any person assuming ownership of an underground storage tank used for the
sturage uf hnardous substances for which a valid operating permit has been issued shall
ha\'t.' thirty da~'S after the date of assumption of ownership to apply for an operating permit
pur5uant 1(1 st.>ction 13.33 or, if accepting.' transferred permit, shall submit to the local
agt.'ncy Ihe complt'led form accepting the obligations of the transferred permi~ as specified
in subdi\isiun (a). During the period from the date of application until the permit il'issued
(It refused. the person shallnat be held to be in violation of this section.
(c) When. in its judgment, it is appropriate to do so, the local a~ency may issue a singh:'
permit to a person for a facility. (Ord. No. 944, ~3.)
Sec. 13.32. Term of permit.
A ~rmit to operate issued b)' tht' local agency pursuant t(l Sl'clion 13.31 !>helll be
t.'ffl"Ctiw (ur fiw years. The local agency shall not issue or rt."new a rennit tu opt'rate an
undl''1=round 'itora~l~ tank if the localaltency inspects the tankand detcormincos thell tht.' tank
......~. .,\'-,1, '.' .J\\ ~1. \
See. 13.33, Requiremenl. for ~it application.
(a) An application for a permit to operate an underground stoarge tank. or forrenewaJ
of the permit. shall be made, by the owner, on a standardized form provided by the local
agency and shall be accompanied by the appropriate fee, as specified in section 13.34. The
local agency shalt provide the board with a copy of the completed application. .
(b) The application form shall include. but not be limited to, requests for the followmg
information:
(1) A description of the construction of the underground storage tank or tanks.
(2) A list of all the hazardous substances which are or will be stored in the
underground storage tank or tanks. specifying the hazardous substances for each
underground storage tank.
(3) A d~scription of the monitoring prognm for the underground storage tank or
tanks.
(4) The name and address of the person. firm. or corporation' which owns the
underground storage tank or tanks and. if different, the name and address of the person
who operates the underground storage tank or tanks.
(5) The address of the facility at which the underground storage tank or tanks are
located.
(6) The name or the person making the application,
(7) The name and tWl.'nty-fourhourphone number oE the contai:t person in the event
of an emergency involving the facUity.
(8) If the owner or operator of the underground storage tank is a public agency, the
application shall include the name of the supervisor of the division. section. or office which
ooerates the tank.
(c) As a condition of any permit to operate an underground storage tank. the permittee
shall complete an annual report form. which will detail any changes in the usage of any
underground storage tanks. including Ihe storage of new hazardous substances, changes in
monitoring procedure and unauthorized release occurences. as defined in sections 13,41
and 13.42
, (d) If a permittee stores in an underground storage tank or tanksa hazardous substance
which is not listed in tht.' application,. as required by paragraph (2) of subdivision (b), the
pt.'rmittet' shall apply for a new or amended permit within thirty days after commencing the
st(Jra~l' uf that hazardous substance. (Ord. No. 944. 53.)
Sit(. 13.34. Permit fees.
(a) A fee shall be paid to the local agency by each person whosubmitsanapplicalion for
a permit to operate an underground storage tank or to renew, transfer or amend a ~rmil
The city ((lundl of the City ofVemon shall establish theamountofthe fees by resoluhon. at
a level sufficient to pay the necessary and reasonable: costs incurred in administering this
al1icle, including. but not limited to, permitting and inspection responsibilities. The city
wuncil may provide for the waiver of fees when a public agency makesan application fora
pl'rmit tu operate or an application to renew a permit
(1;1) The initial permit may be renewed annually for a period not to exceed fi\'e years.
upun pa~'ment uf thl' nmt'wl fee. A new application shall be submitted for each succeeding
five war periud.
(c) A temporary permit may be issued by the local agency to an applicant whose
hilZardous materidl storage facilit}' does not conform to the requirements of this article on
the efft.'ctiw date. The temporary permit shall allow up to one year for the applicant to
(umpl\' \,'ith tht.' rt.'quir"n1conts of this article. A temporary permit shelll not be issued to a
f'lcility. whl'rt.' un~ft.' sloragt,'llf hazardous substances exists as dt.'ll'imint.'d by th~ local
clgt.'nC\'.
(dj Tht.>rt.' shall bt.' added tn and collected with the permit or other fee a penalt}' equal to
Il'n pt.'rcl'nt of tht.' ft.>t.> fur all fel's that art.' delinquent thirty days. For each additional monfh
\11" frclctiun ther't.>uf in which the ddinquency continues an additional ten percent penalty
shall be cnlll'Cted. In no event shall the total penalty exceed sixty perc~nt of the permit fee.
(e) No refund or rebate of a permit fee shall be allowed by reason of the fact that the
permit is denied or the pennittee discontinues the activity or use of a tank or facility prior to
tht.' cxpiratiun of the term or that the permit is suspended or revoked prior to the expiration
uf th,' h.'rm. COrd. Nu. 944. !i3.)
See. 13.35. Inspection of underground storage tanks.
(a) Tht.' Illcal agency shall inspect t'very underground storag\.' tank within its
jurisdictiun at least once ewry thret.' years. The purpose of the inspl.'cti\tn is tll t.il.tt.'rmine
wht.,thl'r Iht.' tank cnmplies with tht.' desi~n and construction standards of $t.'ctitlllS 13.38 ur
13.39, whichl'\'t.'r is applicahll', wht.'ther the operator has monitored and tt.'stt.'t.t thl' ~nk as
rt.'quirl'd by the permit. and wht.'tht.'r thl' tank is in a safe opt'rating cundition. AUt.'r an
inspcoctiun, the lucar agency shall prepare a compliance report detailing tht.' inspt,'ctitln and
shall send a wpy tlf this repurt tu the permit holder.
(b) In additi(ln tll, or instt.'ad uf, the inspection specified in suhdivisi\m (.l),tht.' I(lc.ll
llgt'ncy may rt.'quin' thl.' permil hulder to employ, periodically, SPt.'d.ll inSpl'(tHrs to
ennduct an audit ur asscossment of the permit holder's fadlit)' to dl'tcorminl' wht.'tht.'r thl'
facility (U111plil'S with tht.' factors spt'cified in subdivision (a) andtu prt.'pan.' a sped.ll
inspl'ctinn report with recommendations conceming the safe stnragt.> of haurd(lus
Ill.lll'rials at tht.' facility. Tht.' report shan cuntain recommendations cunsistt.'nl with the
pru\'isionsnf thisartidt.', whercapprupriatc. A copy of the repurt shall be filed with Ihl'lll('Oll
aRt.'ncy at thl' samt.' time thl' inspector submits the report to the permit holdt.'r. Within thirty
days after recd\;ng this rt.'port. the permit holder shall file with tht.'lucal 3Rt.'ncy a plan tu
implcmt.'nt all recnmmt.'ndatiuns cuntained in the report or shall dl'm'lOstratt.', tu the
satisfaction uf the lucal agency, why thesc recommendations should Ilut bl' implt.'mt.'nted.
lOrd. No. 944. ~3.)
Sec. 13.36. Authorized represenl4ative inspection.
In tlrder tn carrr out the purpust.' of this article, anrdulr authuriZt.'d rl'prl'~ntati\'\.. ()flhl'
lucal agency has the authority, with rl'Spl'Ct tu any pla(t.' wht.'rt,' undl'r~ruund Slt1ra~l' tanks
are It)Cated, (Ir with respl'ct Itl real prtlpc.'rty which is within tW(l th(lUMnd ft."t.'1 nf any plclCl'
where the underground storage tilnksare 1()Cated, tll inspect. tOlkt.' samples.. (lbtain ft.'curds,
make investigatitlOs, take photographs. make studit.'sand tests as pruvidt.'d fur in Sl't:Unns
25185 and 25185.5 of thl' H\.'alth an~ 5.lfetr Cudl'. (Ord. Nu. 944, ~3.)
Sec. 13.37. Trade secrets.
(a) "T",tft' ~t'l:fl'h;". as USl"t.i in this.nliclt.', IllclY indudt.', bur is !lot limitt.'t.Uu, .my Itli-mula,
plan, pattern, pruCl'SS, tuut ml'(hanio;m, (tlmpuunt.1, prtk.'t'durt.', prur..!lIl'tiun t.talcl, ur
cllmpil.ltiun tlf infnrnl.ltion which is nut p.lll'nlt.'r..!, whil'h is kntlwn unly tu l'l'rt.lin
individudls \\.'Uhin a cumnwreial (U!lct.'rn whu cUt.' u~in~ it tu I.lhrkeltt.'. pnk.IUl'l', tlr
compuund an cutidt.' uftrade or.l !>I.'rvil't.' ha\'illJ.; comnll'rd.ll \'allll',~lIld which ~i\'l's its us~'r
an ()pportunity tu obtain a businl'ssarlvclntagt.' UVl'rCtlmpt.'titurs who du n,11 kn'I\\' ur lIst,'ll
(b) The local agency may disclose trade secrets received by the local agency
pursuant hI thisarticle h'l authuriz\.'d rt.'prl.'sentah'Csu( otht.'rKtl\'l'rnnlt.'nldle'~t.'lldl,..tlllly in
wnnl'ctiun "ith thl'local agency's Tl'spunsibililies pursuant Itl thisclrti,:k Tht..Itll.'al.1J.;ency
shalll'stablish pruCt.'dures t(l t.'nsuft.,that tht.'sc trade St.'crl'ts dtt' utili.lt.'ll tllll~' in (tlllllt.'C~ittO
with lhl'se resptlOsibiliti\.'s and drt.' nut ntht.'rwise dissl'minah'd withllut th,' l'C1Il..t.'nl,lf th\.'
p,'rsun wh(1 provided tht.' infurm.1tiun In tht., Incal a~ency.
(() Any pl'rsnn pnl\'iding infnrm.lti(tO pur.-uant tn sectiun 13.33 ..h.1I1. ,11 thl' tinw IIf it..
"lIt'1missioll, idl'ntH\' c111 infurm.ltitlO which tht.' pc.'rst.m bl'lil'l't.'<.j i~ ,I tr.1t.k ..l't.'rt't. An~'
infllflu.ltitlll or n'n;rd not ilil'ntifil'd dS a tradl' St.'Cfl't b .wilil.1t'1ll' tl1 th,' publk unll's"
t"t.~mrtt'd frnm disdusurt' by othl'r prtl\'isinns o( law. COrd. '\;11. 444. ~ll
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See. 13.38. Insu.Uation of underground storage tanks after
December 31, 1983 - Requirements.
Every underground storage tank instal1ed after December 31.1983, shall meet the
following requirements:
(a) Be designed and constructed to provide primary and secondary levels of
containment of the hazardous substances s.tored in them in accordance with the following
performance standards:
(1) Primary containment shall be produd-tight
(2) Secondary containment shall be constructed to prevent structural weakening as a
result of contact with any released hazardous substances, and also shall be capable of
storing. for the maximum anticipated period of time necessary for the recovery of any
released hazardous substance.
(3) In the case of an installation with one primary container, the secondary
containment shall be large enough 10 contain at least one hundred percent of the volume of
thl' primary tank.
(4) In the ~se of multiple primary tanks, the secondary container shan be large
C'noug~ t? contam one hundred fifty percent of the volume of the largest primary tank
plaCl',j In It.. or ten percent of the aggregate internal volume of all primary tanks, whichever
IS greater.
(5) If the facility is open to rainfalL then the secondary containment must be able to
additionally accomodate the volume of a twenty. four hour rainfall as determined by a one
hundred year stonn history.
(6) Single--walled containers do not fulfill the requirement of an underground
storage tank providing both a primary and a secondary containment
(b) Be designed and constructed with a monitoring system capable of detecting the
,,'ntry. of hazardous material st~red in .'he primary containment into the secondary
containment If water should Intrude mto the secondary containment. a means of
monitoring for wat.er intrusion and for safely removing the water shall also be provided.
(c~ Wh~nrequlred by the local agency, a means of overfill protection for any primary
tank.. including an overfill prevention device or an attention.getting higher leveJalann or
both. Primary lank filling operations of underground storage tanks containing motor fuels
which are visually monitored and controned by a facility operator satisfy the requirements
of this paragraph
(d) Different substances that in combination may cause a fire or explosion, or the
produ~tion of ~mmable, toxic. or poisonous gas. or the deterioration of a primary or
secondary contamer, shall be separated in both the primary and secondary containment so
as tn avoid potential intermixing.
(e) If water could enter into the secondary containment by precipitation or infiltration.
the facility shall contain a means of removing the water by the owner or operator. This
removal system shall also provide for a means of analyzing the removed water for
hazardous substance contamination and a means of disposing of the water, if so
contaminated. at an authorized disposal facilty. (Ord. No. 944, S3.)
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See. 13.39. Underground storage tanks used. for storage of hazardous substances.
For every underground storage tank installed on or before December 31. 1983, and
used for the storage of hazardous substances the following actions shall be taken:
(a) On or before January 1, 1985, the owner shall outfit the facility with a monitoring
system capable of detecting unauthorized releases of any hazardous substances stored in
the facility, and thereafter, the operator shall monitor each facility, based on materials stored
and the type of monitoring installed
(b) Provide a means for visual inspection oC the tank. wherever practicaL for the
purpose of monitoring required by subdivision (a). Alternative methods of monitoring the
tank on. a mont~ly,. or more frequent basis, may be required by the local agency. The
alternative mOOltonng methods include, but are not limited to, the following methods:
(1) Pressure testing. vacuum testing or hydrostatic testing of the piping systems and
underground storage tanks.
(2) A ground water monitoring wen or wells which are down gradient and adjacent
to the underground storage tank., vapor analysis within a well where appropriate, and
analysis of soil borings at the time of initial instaUation of the well. The local agency shall
deve~op regulationsspeciCying monitoring alternatives. The local agency shall approve the
locahon and number of wells, the depths of wells and the sampling frequency, pursuant to
these regulations. (Ord. No. 944, ~3.)
See. 13.40. Operators of underground storage facilties - Duties.
The operator of the underground storage facility shan monitor the facility using the
method specified on Ihe permit for the facility. Records shall be kept in sufficient detail to
en~b.l~ the 10~1 agency to determine that the. operator has undertaken all monitoring
adlYlhes reqUIred by Ihe permit to operate.
IC the operator is not the owner, the owner shall provide a copy oC the permit to the
operator, enter inlo a written contract with the operator to monitor the tank as set forth in
the permit, and provide the operator with a copy of section 13.45 or a summary of this
section, in the fonn which the local agency specifies by regulation. The owner shall notify
the local agency of any change of operator. (Ord. No. 944, S3.)
See. 13.41. Unauthorized releases recorded - Primary containmenL
Any unauthorized release from the primary containment which the operator is able to
clean up within eight hours,. and which does not escape from the secondary containment.
does not increase the hazard ot' fire or explosion and does not cause any deterioration of the
secondary containment of the underground. storage tank, shall be recorded on the
operator's monitoring reports. (Ord No. 944, S3.)
See. 13.42. Unauthorized releases recorded - Secondary containmenL
. (a) Any unauthorized release which escapes from the secondary containment.
Increases the hazard of fire or explosion. or causes any deterioration of the secondary
containment of the underground storage tank shall be reported by the operator to the local
agency within twenty-four hours after the release has been deteded or should have been
detected. A full written report shall be transmitted by the owner or operator of the
underground storage tanks within five working days of the occurance. of the release.
The local agency shall review the pennit whenever there has been an unauthorized
release or when it determines that the underground storage tank is unsafe. In determining
whether to modify ortenninate the permit.. the local agency shall consider the age of the
tank.. the methods of containment, the methods of monitoring. the feasibility of any
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required repairs. the concentration of the hazardous substances stored in the tank,. the
severity of potential unauthorized releases. and the suitability of any other long-term
preventive measureS which would meet the requirements of this article.
(b) The local agency shall transmit to the CaUlornia Office of Emergency Services all
reports required by this section within ten working days from the time the local agency is
notified of the unauthorized. release. (Ord. No. 944, S3.-)
See. 13.43. Storage of molor fuels.
The storage of motor vehicle fuels in underground tanks shan be subject to the same
requirements of this article as is any other hazardous substance slored in underground
tanks within the CityofVemon, notwithstanding the provisions ofChapter6.7, Division 20
of the Health and Safety Code, relating to hazardous substances. (Ord. No. 944, S3.)
See. 13.44. Abandonment, closun or temporary closure of underground storage tanks.
(a) No person shall abandon an underground storage tank or close or temporarily
cease operating an underground storage tank., except as provided in this secrion.
(b) An underground storage tank which is temporarily taken out of service, but which
the operator intends to return to use, shan continue to be subject luaU the permit. inspection
and monitoring requirements of this article. unless the operator complies with the
provisions of subdivision (c) for the period of time the underground tank is not in use.
(c) No person shall close an underground storage tank unless the person undertakes a1l
of the following actions:
(1) Demonstrates to the local agency that all residual amounts of the hazardous
substance OI'hazardous substances. which were stored in the tank prior to its closure have
been removed. properly disposed ot and neutralized
(2) Adequately seals the tank to minimize any threat to the public safety and the
possibility of water intrusion into, or runoff from. the tank.
(3) Provides for, and carries out. the maintenance of the lank as the local agency
determines is necessary, for the period of time the local agency requires.
(4) Demonstrates to the local agency that there has been no significant soil
contamination resulting from a discharge in the area surrounding the underground storage
lank or faciltiy. (Ord. No. 944. S3.)
See. 13.45. Civil and criminal penalties.
(a) Any operator of an underground storage tank shan be liable for a civil penalty of not
less than five hundred dollars or more than five thousand dollars per day for any oC the
following:
(1) Operates an underground storage tank which has not been issued a pennil
(2) Fails to monitor the underground storage tank., as required by the permit
(3) Fails to maintain records, as required by section 13.33.
(4) Fails to report an unauthoriz.ed release, as required by sections 13.41 and 13.42.
(5) Fails to properly dose an underground storage tank. as required by section 13.44.
(b) Any owner of an underground storage tank shan be liable for a civil penalty of not
less than five hundred dollars or more than five thousand dollars per day for any of the
following:
(1) Failure to obtain a pennit as required by this article.
(2) Failure to repair an underground lank in accordance with the provisions of this
article.
(3) Abandonml"nt or improper closure of any underground tank subject to the
provisions of this article.
(4) Knowing failure to take reasonable and necessary steps .to assure compliance
with this article by the operator of an underground tank.
(c) Any person who falsifies any monitoring records required by this article, or
knowingly fails to report an unauthorized release, shalL upon conviction. be punished by a
fine of not less. than five thousand dollars or more than ten thousand donars, or by
imprisonment in the county jail for not to exceed onE' year, or by both that fine and
imprisonmenl
(d) In detennining both the civil and criminal penalties imposed pursuant to this
section. the court shall consider all relevant circumstances. including. but not limited to, the
extent of harm or potential harm caused by the violation. the nature of the violation and the
period of time over which it occurred,. the frequency of past violations, and the corrective
action. if any, taken by the person who holds the permit
(e) Penalties under this section are in addition to, and do not supersede or limit, any
and aU other legal remedies and penalties, civil or criminaL which may be applicable under
olher law~ (Ord. No. 944. S3.)
Sec. 13.46. Categorical variance.
Any permit holder or permit applicant may apply to the city council for a categorical
variance from sections 13.38 and 13.39. The application shall include a description of the
proposed alternative program. method. device, or process and description of the region,
area, or circumstances under which the variance would apply. The city council shalJ issuC' a
categorical variance, if it find~ after investigation and a public hearing. that the applicant has
demonstrated by clear and coO\.incing evidence thai the proposed alternative would
adequately protect the soil and the beneficial uses of water of the state from an
unauthorized release. (Ord. No. 944, S3.)
See. 13.41. Further regulations.
The local agency shall promulgate regulations to implement and clariCy 'he requirements
of this article, regulating the construction. operation. maintenance, monitoring and testing
of underground storage tanks used for the storage of hazardous substances. Such
regulations shall be effective only after approval by. the city council by its minute order.
Upon approva~ such regulations shan have the same force and effect as other provisions of
this article. (Ord. No. 944, S3.)
APPROVED AND ADOPTED this 20th day u(~!mll}t.:r... ,19M3
I.EO!',aS C MALBURG. Mayor
ATTEST:
BRUCE V. MALKENHORST. OIl' Clerk
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ApPENDIX SEVEN
FEE RESOLUTION
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RESOLUTION NO. 6619
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ESTABLISHING PERMIT AND APPLICATION FEES
FOR HAZARDOUS MATERIALS ESTABLISHMENTS IN
ACCORDANCE WITH SECTIONS 13.54 AND 13.55 OF THE
VERNON CITY CODE AND REPEALING RESOLUTION NO.
6223
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WHEREAS, the city Council of the city of Vernon adopted
Ordinance No.' 961 on June 24, 1986 which added sections 13.54 and
13.55 to the Code of the city of Vernon, providing that permit and
application fees for Hazardous Materials Establishments shall be set
by resolution; and
WHEREAS, the city Council of the City of Vernon established
permit and application fees for Hazardous Materials Establishments
by Resolution No. 6223 on March 9, 1993 in order to cover the cost
of inspections; and
WHEREAS, said fees are hereby determined to be no longer
adequate to cover the cost of inspections.
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 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 hereby
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establishes the following permit and application fees for Hazardous
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Materials Establishments pursuant to sections 13.54 and 13.55 of the
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Code of the city of Vernon:
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APPLICATION FEE (one time):
$242
PERMIT FEE (initial and renewal):
Class A:
$ 81
Handling of less than 100 kilograms (220 lbs) of
hazardous materials per month; or less than 1
kilogram (2.2 lbs) of extremely hazardous waste
per month.
Class B:
$242
Handling of 100 kilograms (220 lbs) to 1,000
kilograms (2,200 lbs) of hazardous materials per
month; or 1 kilogram (2.2 lbs) to 10 kilograms
(22 lbs) of extremely hazardous waste per month.
Class C:
$402
Handling of over 1,000 kilograms(2,220 lbs) of
hazardous materials per month; or over 10
kilograms (22 lbs) of extremely hazardous waste
per month.
TO AMEND PERMIT:
$ 43
$242
CERTIFICATE OF CLOSURE
For the purpose of determining the above fees, 1 gallon
(3.79 liters) of liquid shall be equivalent to 7 pounds (3.18
kilograms).
SECTION 3: Establishments which have hazardous substances
stored in underground storage tanks, for which a valid operating
permit has been issued by the city of Vernon, shall be exempt from
including the volume of the underground storage capacity when
determining the permit fee classification for a Hazardous Materials
Establishment.
SECTION 4:
All delinquent fees shall be subject to the
penalty set forth in Vernon city Code section 13.55 (b).
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SECTION 5:
In addition to the foregoing; the permittee
2 shall pay all other necessary fees or deposits which may b~ required
3 by other ordinances or resolutions of the city of Vernon or
4 applicable State law.
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SECTION 6: The fees provided for herein shall be effective
6 June I, 1995, and Resolution No. 6223, and all other resolutions in
7 conflict h~rewith are hereby repealed.
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The City Clerk of the city of Vernon shall
SECTION 7:
9 certify to the passage of this resolution, and thereupon and
io thereafter the same shall be in full force and effect.
11 APPROVED AND ADOPTED this 2nd day of May, 1995.
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s/Leonis C. Malburg
LEONIS C. MALBURG, Mayor
14 ATTEST:
15 s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, city Clerk
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1 STATE OF CALIFORNIA
55.
2 COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, city Clerk of the City of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
5 No. 6619, was duly adopted by the city Council of the city of Vernon
6 at a regular meeting of the city Council duly held on Tuesday, May
was duly signed by the Mayor of the city of
7 2, . 1995, arid thereafter
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s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, city Clerk
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RESOLUTION NO. 6618
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ESTABLISHING HEALTH AND PERMIT FEES
APPLICABLE TO ALL PERMITS GRANTED BY THE CITY
OF VERNON PURSUANT TO SECTIONS 11. 25, 13 .7,
13.31 AND 25.12 OF THE VERNON CITY CODE AND
REPEALING RESOLUTION NO. 6222
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WHEREAS, the Vernon city Code and, in particular, section
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11.25, 13.7, 13.31 and 25.12 thereof, provide for the issuance of
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health permits; and
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WHEREAS, sections 11.25, 13.8, 13.34, and 25.12.4 of the
Vernon city Code provide that the city Council of the city of Vernon
shall establish, by resolution, health permit inspection fees for
the various types of businesses and vehicles requiring health
permits; and
WHEREAS, the city Council of the city of Vernon adopted
Resolution No. 6222 on March 9, 1993, establishing health permit
fees in accordance with said Code; and
WHEREAS, many of said fees established by resolution are
hereby determined to be inadequate; and
WHEREAS, the city Council of the city of Vernon intends to
establish new fees for such categories as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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 hereby
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establishes the following issuance fees and annual renewal fees for
permits granted by the city of Vernon pursuant to section 13.8 of
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the Vernon City Code:
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TYPE OF BUSINESS OR VEHICLE
(a) Caterer
(b) Cesspool and Sump Pumping
Vehicle
(c) Commercial Agricultural
Operation
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(d) Food Processing Establishment
.(1) Less than 2,000 sq.ft.
(2) 2,000 sq. ft. or more
(e) Food Vending Machine Business
(f) Food Warehouse
(g) Garment Manufacturing
Establishment
To Amend Permit
(h) Laundry (including vehicles
operating from the City of
Vernon)
(i) Laundry Vehicle (independent
and from outside the city of
Vernon)
(j) Offal Vehicle
(k) Rendering Plant
(1) Restaurant
(1) 0-30 seats
(2) 31 seats and over
(m) Retail Food Delivery Vehicle
(n) Retail Food Preparation Vehicle
(0) Retail Food Production and
Marketing Establishment
(p) Retail Fruit and Vegetable
Vehicle
(q) Retail Packaged Food Vehicle
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ANNUAL FEE
$168 (or $58 per day)
$120 basic business
inspection fee and
$64 per vehicle
$109
$261
$528
$23 per machine
$203
$125 (one time
application fee)
and $170
$43
$120
$64 per vehicle
$120 basic business
inspection fee* and
$64 per vehicle
$185
$203
$403
$70 per vehicle
$203 (or $70 per day)
$132
$70 per vehicle
$132 (or $42 per Qay)
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SECTION 5: The city Council of the city of Vernon hereby
2 establishes the following application fees, fee for filing an
3 appeal, and fee to amend a well permit granted by the city of Vernon
4 pursuant to section 25.12.4 of the Vernon city Code:
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TYPE OF BUSINESS OR VEHICLE
ANNUAL FEE
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(a) Drilling a water well or
destroying or converting an
existing water well
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$167
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(b) Drilling a monitoring well
(ground water)
$100
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(c) Filing an appeal
$ 67
$ 43
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(d) Amendment to a well permit
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SECTION 6: All delinquent fees shall be subject to the
penalty set forth in Vernon City Code section 13.15.
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SECTION 7: In addition to the foregoing, the licensee or
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permittee shall pay all other necessary fees or deposits which may
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be required by other ordinances or resolutions of the city of Vernon
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or applicable State law.
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SECTION 8: The fees provided for herein shall be
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effective June I, 1995, and all provisions of Resolution No. 6222
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and all other resolutions in conflict herewith are repealed.
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SECTION 9: The city Clerk of the City of Vernon shall
certify the passage of this resolution, and thereupon and thereafter
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the same shall be in full force and effect.
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APPROVED AND ADOPTED this 2nd day of May, 1995.
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s/Leonis C. Malburg
LEONIS C. MALBURG. Mayor
ATTEST:
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s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, city Clerk
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L
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, city Clerk. of the city of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6618, was duly adopted by the city Council of the
city of Vernon at a regular meeting of the city Council duly held on
Tuesday, May 2, 1995, and thereafter was duly signed by the Mayor of
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the city of Vernon.
s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, city Clerk
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(r) Waste Disposal Business
$120 basic business
inspection fee and
$64 per vehicle
(s) Waste Disposal site
$120.
$120
$120
(t) Waste processing Facility
(u) Waste Transfer station
(v) Water Supply utility
$4.00 per service
:The $120 basic business inspection fee does not apply to
(,
a company ope~ating offal vehicle(s) in conjunction with, and as a
part of, a Vernon permitted Rendering Plant or Food Processing
Establishment.
SECTION 3: The city council of the city of Vernon hereby
establishes the following issuance fees and annual renewal fees for
health permit inspections granted by the City of Vernon pursuant to
Section 11.25 of the Vernon city Code:
TYPE OF BUSINESS OR VEHICLE
ANNUAL FEE
(a) Wholesale Food Vehicle
$ 37 per vehicle
SECTION 4: The City Council of the city of Vernon hereby
establishes the following issuance fees and annual renewal fees for
health permit inspections granted by the City of Vernon pursuant to
Section 13.34 of the Vernon City Code:
TYPE OF BUSINESS OR VEHICLE
ANNUAL FEE
(a) Underground Hazardous Substances
Storage Facility
$253 for five (5)
years
(b) Annual Tank Operating Permit
$57 per tank (not to
exceed $ 2 8 5 per
facility)
(c) Transfer of Operating Permit
$84
$43
(d) Amendment to an Operating Permit
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ApPENDIX EIGHT
PERMIT APPLICATION COVER SHEET
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CERTIFIED UNIFIED PROGRAM AGENCY
VERNON ENVIRONMENTAL HEALTH DEPARTMENT
OPERATING PERMIT APPLICATION
It has come to our attention that your business is subject to the
requirements of the Hazardous Materials Monitoring Program, Vernon City
Ordinance #961 and/or the Underground Storage of Hazardous Substances
Program, Vernon City Ordinance #944. The following checked
application (s) must be completed and returned to this office (with
required fees) for review.
o HAZARDOUS MATERIALS MONITORING PROGRAM:. Complete the Hazardous
Materials Establishment Reporting Form as your business produces,
stores, handles, disposes of, treats or recycles reportable
quantities of hazardous materials. In addition further compliance
action may be necessary by your business if any of the following
program elements apply:
.
Risk Manaqement and Prevention Planninq- Required of
businesses that handle acutely hazardous materials which may
pose a risk to the population at large in case of an
accident.
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Hazardous Waste Generator-
generate hazardous waste.
Required of businesses that
. Tiered Permit Hazardous Waste On-Site Treatment- Required of
businesses that conduct speficied on-site treatment of
hazardous waste.
o UNDERGROUND SToRAGE OF HAzARDous SUBsTANCES: As a business that stores
hazardous substances in underground tanks, complete forms
corresponding to the checked boxes:
o Form A- Provides general information about the tank site
including the address, tank owner and property owner. This
form is to be used when a new tank is installed or when there
is a change in the owner or operator.
o Form B- Provides specific information on each tank at the
facility. It is to be completed when new tanks are installed
or when the tank contents or equipment is changed.
o Form C- Provides a certification statement by the
owner/operator of the tank facility. It is to be completed
when new tanks are installed.
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ApPENDIX NINE
PERMIT APPLICATION REVIEW FLOWCHART (NEW BUSINESS)
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ApPENDIX TEN
PERMIT APPLICATION REVIEW FLOWCHART (RENEWAL)
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ApPENDIX ELEVEN
LETTER OF INTENT
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RESOLUTION NO. 6572
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
WHEREAS, California Health and Safety Code, Division 20,
Chapter 6.11 was approved by the Governor on September 20, 1993;
and
WHEREAS, the California Environmental Protection Agency
adopted emergency regulations (California Code of Regulations,
Title 27) pursuant to the law on November 14, 1994; and
WHEREAS, the intent of the law and regulations is to
unify hazardous waste and hazardous materials management programs
13
at the local level in a business friendly manner; and
e 14
WHEREAS, the regulations specify a city agency must
15
notify the California Environmental Protection Agency of its
16
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,
19
and Risk Management and Prevention Programs which are included in
20
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
26
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
4 as the Certified Unified Program Agency.
5
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.
9 s/Leonis C. Malburg
LEONIS C. MALBURG, Mayor
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ATTEST:
s/Bruce V. Malkenhorst
12 BRUCE V. MALKENHORST, city Clerk
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e 1 STATE OF CALIFORNIA )
) ss
2 COUNTY OF LOS ANGELES )
3
I, BRUCE V. MALKENHORST, city Clerk of the city of
4
Vernon, do hereby certify that the foregoing Resolution, being
5
Resolution No. 6572, was duly adopted by the city Council of the
6
city of Vernon at a regular meeting of the city Council duly held
7
8
on Tuesday, January 3, 1995, and thereafter was duly signed by the
Mayor of the city of Vernon.
9
10 S/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, city Clerk
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
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(~":'9
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
DA VID B. BREARLEY
City Attorney
FAX: (818) 330-5818
VICTOR H. V AITS
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In Reply Refer to:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
HEALTH DEPARTMENT
January 4, 1995
Mr. James Strock, Secretary
California Environmental Protection Agency~
Unified Program Certification
c/o Department of Toxic Substances Control
P.O. Box 806
Sacramento, CA 95812-0806
CERTIFIED MAIL
e SUBJECT: Unified Program - Notice Of Intent To Apply
Dear Mr. Strock:
The city of Vernon Health Department intends to apply as the
/Uniform Program Agency for implementation of all SB 1082 program
elements in the City of Vernon. This notification is ~n compliance
with Title 27, Division 1, California Code of Regulations. The
application will be submitted to you on or before January I, 1996.
The city of Vernon currently administers the following programs:
· Underground Storage Tank Program (Health & Safety Code,
Division 20, Chapter 6.7) since 1984;
· the Hazardous Materials Inspection Program conforming to
the Memorandum of Understanding with the Department of
Toxic Substances Control since 1986;
· the Hazardous Materials Release Response Plans and
Inventory Program since 1986;
· and the Risk Management Prevention Plan Program since
1987.
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The delay in adopting the final regulations accounts for our letter
of intent being dated a few days later than the December 31, 1994
deadline. city council approval could not be accomplished until
the final draft of the regulations were in hand.
Thank you for your consideration of this matter. Please advise me
if your require additional information.
A?ncw~
Lewis J. Pozzebon, R.E.H.S.
Director/Health Officer
LJP:cd
xc: Departmeht oiToxic Substances Control, P.O. Box 806,
Sacramento, CA 95812-0806, Attn: Ted Rauh
Los Angeles County, Hazardous Materials Coordinating
Committee, 5825 Rickenbacker Rd., Commerce, CA 90040
Attn: J.L. Ryland, Chairman
Bruce Malkenhorst, city Administrator
David Brearley, city Attorney
Dave Telford, Fire Chief
si:hzmllupopply.ltt
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COUNTY OF LOS ANGELES
FI~E DEPARTMENT
1320 NORTH EASTERN AVENUE
LOS ANGELES. CALIFORNIA 90063-3294
(213) 881-2461
RECt:;.V~Gl
J,h,N 1 1 1995
P. MICHAEL FREEMAN
FIRE CHIEF
FORESTER & FIRE WARDEN
January 6, 1995
HEAlTH AND ENVIRONM{HfAl
M'lT'!Ol SEerlO"
Mr. Lewis J. Possebon, R.E.H.S.
Director/Health Officer
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Dear Mr. Possebon:
SUBJECT:
NOTICE OF INTENT TO APPLY AS A UNIFIED PROGRAM AGENCY
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This is to acknowledge receipt by this Department of your January 4, 1995 Notice of Intent to
Apply as a Unified Program Agency. As you are aware, SB 1082 (Calderon), requires the plans
and application information throughout Los Angeles County to be consistent.
The Los Angeles County Hazardous Materials Coordinating Committee has established an SB
1082 Subcommittee to comply with statutory requirements and to encourage consistency and
cooperation towards assembling a certification application package meeting all State mandates.
Your agency's active participation in the Subcommittee will assist in this required consistency
throughout Los Angeles County. To participate, please contact Mr. William Jones of my staff at
(213) 890-4043.
Very truly ~'--~
d- L. RYLAND, DEPUTY FIRE CHIEF
PREVENTION BUREAU
JR:kc
AA. HILLS
AZ
AZUSA
BALDWIN PARK
BELL
BELLFLOWER
BELL GARDENS
SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF:
BRADBURY
CALABASAS
CARSON
CERRITOS
CLAREMONT
COMMERCE
CUDAHY
DIAMOND BAR
DUARTE
GLENDORA
HAWAIIAN GARDENS
HIDDEN HILLS
HUNTINGTON PARK
INDUSTRY
IRWIN DALE
LA CANADA FLlNTRIDGE
LAKEWOOD
LA MIRADA
LANCASTER
LA PUENTE
LAWN DALE
LOMITA
MALlBU
MA YWOOD
NORWALK
PALMDALE
PALOS VERDES ESTATES
PARAMOUNT
PICO RIVERA
RANCHO PALOS VERDES
ROLLING HILLS
ROLLING HILLS ESTATES
ROSEMEAD
SAN DIMAS
SANTA CLARITA
SIGNAL HILL
SOUTH EL MONTE
SOUTH GATE
TEMPLE CITY
WALNUT
WEST HOLLYWOOD
WESTLAKE VILLAGE
WHITTIER
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ApPENDIX TWELVE
SAMPLE PERMIT/PERMIT CONDITIONS
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ApPENDIX THIRTEEN
INSPECTION/ENFORCEMENT FLoWCHART
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APPENDIX 13
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REFERRALrrOD.A/ .......1
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APPENDIX FOURTEEN
INSPECTION FORM
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CITY OF VERNON
HEALTH & ENVIRONMENTAL CONTROL
4305 SANTA FE AVE., VERNON, CA 90058
(213) 583-8811 - EXT. 233
HAZARDOUS MATERIALS CONTROL PROGRAM
OFFICIAL INSPECTION REPORT
JSINESS NAME
DATE
ADDRESS
FACILITY #
OWNER/OPERATOR
PHONE #
VOLUME CATEGORY A-B-C
SERVICE
THE MARKED ITEMS (CIRCLED) REPRESENT VIOLATIONS AND MUST BE CORRECTED AS FOllOWS:
CORRECTIVE ACTION
Complete fenced/bermed 1
'W
Of- Adequate drainage 2
11m
Surface paved 3
NFPA 704 signs posted 4
....10 Extremely hazardous materials 5
S~
CCo Hazardous material 6
~Z
:i~ Underground storage tanks 7
Above ground tanks 8
Compatible materials grouped 9
..,;W Fire control provided 10
<tel Proper aisle space provided 11
:i<t
.CC
~~ Containers sound/closed 12
J:(/) Inventory
13
Adequate distance from property line 14
- Proper signs posted 15
,0 Containers sound/closed 16
W
;:: gj. Containers dated/labeled 17
~t;;
J: Compatible waste grouped 18
Adequate construction 19
>f- Single primary / 100%
ccZ 20
<tw
o:i Multiple primary / 150% 21
z~
o~ Open to precipitation 22
Oz
Wo Approved removal system 23
(/)0
Compatible substances grouped 24
Plan available on site 25
..... Notification phone no.'s 26
>z
Oct
Z....l MSDS available to employees 27
wo..
el> Employee trained:
CCo
Wz Handling chemicals
:iw 28
Wel
OZ Emergency response 29
ccl=
oz Refresher training 30
00
~O Manifests available 31
Provision for HW. removal 32
COMMENTS:
ECEIVED BY (PRIINT NAME):
(TITLE)
(SIGNATURE)
NVlRONMENTAL HEALTH SPECIAUST:
RE-INSPECTION DATE:
@ Printl.'d llll Rl.'t."ydc..1 r~lpcr.
White: Owner/Operator Pink: Investigator Canary: File
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ApPENDIX FIFTEEN
FEE SCHEDULE
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CITY OF VERNON
HEALTH , ENVIRONMENTAL CONTROL
HEALTH PERMIT FEES (EFFECTIVE 06/01/95)
FOOD PERMITS (1/1/95-12/31/95)
CATERER
COMMERCIAL AGRICULTURE OPERe
FOOD PROCESSING ESTABLISHMENT
FOOD VENDING MACHINE BUSINESS
FOOD WAREHOUSE
RESTAURANT
RET.FOOD PROD. & MKT. ESTAB.
FOOD VEHICLES (1/1/95-
12/31/95)
RET. FOOD DELIVERY VEHICLES
RET. FOOD PREP. VEHICLE (HOT
TRUCK)
RET. PACKAGED FOOD VEHICLE
(COLD TRUCK)
RET. FRUIT & VEGETABLE VEHICLE
WHOLESALE FOOD VEHICLE**
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NON-FOOD PERMITS (1/1/95-
12/31/95)
LAUNDRY
RENDERING PLANT
WASTE DISPOSAL SITE
WASTE PROCESSING FACILITY
WASTE TRANSFER STATION
WATER SUPPLY UTILITY
FEE DUE
$168 58/day
109
261 (a) <2,000 sq ft
528 (b) >2,000 sq ft
23/machine
203
203 (a) 0-30 seats
403 (b) 31 or more seats
132
70
203 70jday
132 42jday
70
37
120
185
120
120
120
4jserv conn
WATER WELL PERMITS
(A) DRILLING A WATER WELL
OR DESTROYING OR
CONVERTING AN EXISTING
WATER WELL 167
(B) DRILLING A MONITORING
WELL (GROUND WATER) 100
(C) FEE FOR FILING AN
APPEAL 67
(D) FEE FOR AMENDING A WELL
PERMIT 43
GARMENT MANUFACTURING (7/1/95-
6/30/96)
GARMENT MANUFACTURING ESTAB.
APPLICATION FEE
GARMENT MANUFACTURING PERMIT**
AMEND PERMIT
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WIPING RAGS (01/01/95 -
12/31/95)
WIPING RAGS (ONE TIME)
WIPING RAGS PERMIT
125 (ONE TIME)
170
43
125
170
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NON-FOOD VEHICLE (1/1/95-
12/31/95)
CESSPOOL & SUMP PUMPING VEH
LAUNDRY VEHICLE (independent &
from outside the City)
OFFAL VEHICLES ($120 N/A TO
City of Vernon Companies)
WASTE DISPOSAL BUSINESS
UNDERGROUND STORAGE TANKS
(7/1/95-6/30/96)
UNDERGROUND HAZ SUB STORAGE
FACILITY
OPERATING PERMIT**
TRANSFER OF OPERATING PERMIT
AMEND AN OPERATING PERMIT
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HAZARDOUS MATERIALS (7/1/95-
6/30/96)
HAZARDOUS MATERIALS ESTAB.
APPLICATION FEE
HAZARDOUS MATERIALS PERMIT
Class A - Less than 100
kilograms (220 lbs) of
hazardous materials per
month; or less than 1
kilogram (2.2 lbs) of
extremely hazardous waste
per month**
120 bus & 64/veh
64/veh
120 bus & 64/veh
253 (every 5 yrs)
57/tank (not to
exceed 285)
84
43
242
81
Class B - 100 kilograms
(220 lbs) to 1000 kilograms
(2,200 lbs) of hazardous
material per month; or 1
kilogram (2.2 lbs) to 10
kilograms (22 lbs) of
extremely hazardous waste
per month** 242
Class C - Over 1000
kilograms (2,220 lbs) of
hazardous material per
month; or over 10
kilograms (22 lbs) of
extremely hazardous waste
per month** 402
HAZARDOUS MATERIALS - TO AMEND
PERMIT 43
HAZARDOUS MATERIALS -
CERTIFICATE OF CLOSURE 242
SI:GEN\HPFEES2.LST
05/15/95
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** - Permit fee billing cycle
July 1 - June 30.
NOTE: HEALTH PERMIT FEES ARE
REVIEWED AND REVISED EVERY
APRIL 1.
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ApPENDIX SIXTEEN
SAMPLE INvOICE
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ApPENDIX SEVENTEEN
STAFF/ TITLE/JOB DESCRIPTIONS
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STAFF/TITLE/ExpERIENCE
STAFF MEMBER POSITION/TITLE YEARS OF
EXPERIENCE
Lewis Pozzebon Director, Environmental Health 23
Registered Environmental Assessor
Hazardous Materials Management Certified
Dan Downing Chief Deputy Director 24
Registered Environmental Assessor
Hazardous Materials Management Certified
Jim Wilcox Senior Environmental Specialist 28
Hazardous Materials Management Certified
Leonard 9rossberg Environmental Specialist 16
Hazardous Materials Management Certified
Paul Manasjan Environmental Specialist 8
e M.S. in Environmental Health
Hazardous Materials Management Certified
Tim Blank Environmental Specialist 6
Hazardous Materials Management Certified
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CITY OF VERNON
ENVIRONMENTAL HEALTH DEPARTMENT
JOB DESCRIPTION
HEALTH OmCER!DIRECTOR OF ENvIRONMENTAL HEALTH
POSITION RESPONSffiILITIES AND DUTIES
Responsible for the development, research, administration and execution of a complex and
comprehensive environmental health program. Program areas include food sanitation, rodent.
and vector control, water and sewage, cross connection control, underground storage tank
monitoring, hazardous materials monitoring, occupational health, industrial hygiene, rabies and
animal control in the City of Vernon. Acts as the Health Officer in conformance with State and
local laws. Conducts analyses and evaluations of environmental and public health programs in
terms of present and future needs of the community; represents the City of Vernon and
establishes and maintains cooperative relationships with officials, "employees, community and
professional groups, the public, political and appointed bodies; coordinates programs with other
City of Vernon departments and with state and federal agencies. Supervises a staff of
environmental professionals and clerical positions; prepares and administers the health
department budget; speaks and writes effectively, including the preparation of clear and concise
records and reports; communicates with the City Administrator and the City Council on matters
of significance relating to the city's public health program; proposes revisions to local or State
laws or regulations; interprets and enforces applicable State and local laws and regulations; and
performs other related duties as required.
KNOWLEDGE REOUIREMENTS
Knowledge of principles and practices of environmental quality control, public health and
sanitation; those provisions of the California Health & Safety Code and Administrative Codes
and other laws, regulations and codes relating to the responsibilities of a public Health and
Environmental Control agency; the interrelated functions of governmental agencies and
community organizations, procedures for evaluation and correction of situations representing
unsafe, hazardous or unhealthful environmental conditions; principles and practices of planning,
organizing, leading and supervising personnel and program management.
MINIMUM OUALIFICATIONS (DIRECTOR OF ENVIRONMENTAL HEALTH)
a. Possession of a valid certificate of registration as a Environmental Health
Specialist in the State of California.
b. Possession of a valid California driver's license, Class C.
c. A minimum of five years of experience in an environmental health agency.
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DESIRABLE OUALIFICATIONS
Desirable additional qualifications include:
Possession of a Master of Public Health degree from an accredited school;
Knowledge of the basic principles of planning, organizing and supervision;
Knowledge of basic computer operations and data analysis;
A minimum of 5 years experience, in addition to that in the mInImUm
requirements, at an upper management level (Bureau Director or above) which
involved program planning, training and supervision of field activities in a local
public health department.
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CITY OF VERNON
ENVIRONMENTAL HEALTH DEPARTMENT
JOB DESCRIPTION
CIllEF DEPUTY DIRECTOR
POSITION RESPONSffiILITIES AND DUTIES .
Under the direction of the Director of Health and Environmental Control, a Chief Deputy
Director is responsible for providing technical and professional assistance as well as
administrative and some supervisory functions. The individual may be assigned to plan,
coordinate, supervise, analyze and participate in a variety of environmental health programs such
as:
hazardous materials management,
domestic water supply monitoring,
food production regulation,
underground tank leak detection surveillance and remediation,
vector and animal control,
backflow prevention,
solid waste control,
occupational health consultation,
medical waste management,
garment manufacturing,
and others as required.
EXAMPLES OF DUTIES
Performs staff assignments directed toward the solution of complex environmental health
problems and related tasks. Also performs duties of the Health Officer/Director of
Environmental Health in his absence.
Duties include the establishment and maintenance of uniform methods of inspection, investigation
and enforcement procedures; conducting field inspections and investigations; conferring with
other local and State officials;communicating with the public; performing analyses of laws and
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their potential effects; providing educational and consultation services to industry; implementing
program planning and evaluation functions; performing lead supervision and training; and
conducting other related duties as assigned.
MINIMUM OUALIFICATIONS
la) Five years of increasingly-responsible experience as an Environmental Specialist
or its equivalent in a public health agency including two years in a
supervisory/management capacity; or
lb) Any combination of training, education and experience which will provide the
required knowledge, abilities and certificates.
2) Possession of a valid Certificate of Registration as an Environmental Health
Specialist issued by the State of California Department of Health and a valid
unrestricted Class C California Driver's License. Possession of a Certificate in
Hazardous Materials Management and/or Registered Environmental Assessor is
also desirable.
3)
Knowledge, understanding and competency in: pertinent statutes, regulations,
ordinances and policies; procedures and principles employed in inspectional and
correctional environmental health duties; and principles of supervision and
administration.
4) Ability to: independently analyze situations accurately and arrive at sound,
effective and creative decisions; write clear and concise reports and documents;
maintain effective communications orally and in writing with superiors, co-
workers, subordinates, public officials, private industry and the general public;
plan, organize and perform work assignments efficiently; maintain a fair and
consistent approach and attitude.
CITY OF VERNON
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ENVIRONMENTAL HEALTH DEPARTMENT
JOB SPECIFICATIONS
SENIOR ENVIRONMENTAL SPECIALIST
POSITION RESPONSffiILITIES AND DUTIES
Under the direction of the Director of Health and Environmental Control, a Senior Environmental
Specialist is responsible for providing technical and professional assistance as well as some
administrative functions. The individual may be assigned to plan, coordinate, analyze and participate
in a variety of environmental health programs such as: hazardous materials management, domestic
waster supply monitoring, food production regulation, underground tank leak detection surveillance,
vector control, backflow prevention, solid waste control and occupational health consultation.
EXAMPLES OF DUTIES
Performs staff assignments directed toward the solution of complex environmental health problems.
Duties include conducting field inspections and investigations; conferring with other local and State
officials; communicating with the public; performing analyses of pending laws and their potential
effects; providing educational and consultation services to industry; and performing some field lead
person functions.
e MINIMUM REOUIREMENTS
la) Five years of increasingly-responsible experience as an Environmental Specialist or its equivalent
in a public health agency; or
Ib) Any combination of training, education and expenence which will provide the required
knowledge, abilities and certificates.
2) Possession of a valid Certificate of Registration as an Environmental Health Specialist issued by
the State of California Department of Health Services and a valid California Driver's License.
3) Knowledge, understanding and competency in pertinent statutes, regulations, ordinances,
policies, procedures, and principles employed in inspectional and correctional environmental
health duties.
4) Ability to: independently analyze situations accurately and arrive at sound, effective and creative
decisions; write clear and concise reports and documents; maintain effective communications
orally and in writing with superiors, co-workers, public officials, private industry and the
general public; plan, organize and perform work assignments efficiently; maintain a fair and
consistent approach and attitude.
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si:gen\srenvspe.job
10/02/95
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CITY OF VERNON
HEALTH AND ENVIRONMENTAL CONTROL
JOB DESCRIPTION
ENVIRONMENTAL SPECIALIST
POSITION RESPONSffiILITIES AND DUTIES
Under the direction of the Director of Health and Environmental Control, an Environmental Specialist
is responsible for performing inspections, investigations, enforcing environmental health laws,
ordinances and regulations governing various elements of the City of Vernon's Environmental Health
Program. Individuals may be assigned to specialize in one or more environmental health program
elements, such as food sanitation, garment manufacturing establishment inspection, water supply
surveillance; hazardous materials management, vector control, underground tank monitoring,
occupational health studies, backflow prevention and solid waste control.
EXAMPLES OF DUTIES
Conducts inspections and investigations of permitted establishments and vehicles for compliance with
applicable State and local public health codes and regulations. Prepares compliance orders, reports and
documents that may be used in legal actions. Collects data, evidence and samples as necessary. Acts
as an expert witness. Review plans and performs plan check and occupancy inspections. Works jointly
with other city, county and state agencies in the resolution of environmental health matters. Responds
to complaints. Provides educational and consultative services to industry and the public. And conducts
other related duties as assigned.
MINIMUM REOUIREMENTS
EXPERIENCE:
Professional experience as an Environmental Health Specialist which has provided the knowledge and
abilities necessary to perform the duties listed above.
KNOWLEDGE AND ABILmES:
Knowledge of pertinent statutes, regulations, ordinances and policies, procedures and principles
employed in inspectional and correctional environmental health duties is required. Knowledge of basic
chemistry, occupational health and industrial hygiene practice and use of industrial hygiene field and
laboratory instruments is desirable.
Position requires ability to work independently, to analyze situations accurately and to arrive at sound,
effective, and creative decisions; write clear and concise reports and documents; maintain effective
communications orally and in writing; maintain a fair and consistent approach and attitude; and to plan,
organize and perform work assignments efficiently.
LICENSES:
Possession of a valid Certificate of Registration as a Environmental Health Specialist issued by the State
of California Department of Health and a valid unrestricted Class C California Driver's License.
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ApPENDIX EIGHTEEN
CUP A ADMINISTRATIVE CERTIFICATION
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CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)
ADMINISTRATIVE CERTIFICATION
I hereby certify the following:
1. I have read and understand sections 15130 and 15150(e)(9), (14) and (15) of
Article 3, Chapter 1, Subdivision 4, Division 1, Title 27 of the California Code
of Regulations.
2. The administrative procedures of the proposed Unified Program, as implemented
by my agency, will meet the standards described in Section 15180 of Title 27,
CCR.
3. The Unified Program, as implemented by my agency, will meet the reporting
requirements as described in Article 6 of Title 27, CCR.
4. The agency involved in the implementation of the Unified Program, as proposed
by this application, has adequate resources to carry out the Unified Program.
5. The agency I represent is a non-county entity. Los Angeles County was notified
of our intent to apply to administer the Unified Program within my jurisdiction.
See Appendix 11.
6. I agree to use state certified laboratories for analysis required under the Generator
Program by H&SC Chapter 6.5 (refer to H&SC section 25198).
7. The information provided within this application is true to the best of my
knowledge.
8. I understand that this certification is an integral part of the formal application for
certification as Certified Unified Program Agency, and that any false statement
may be grounds for denial or revocation of the Unified Program authorization by
the Secretary of the California Environmental Protection Agency.
/1-0- 7~-
Lewis J. zebo
City of Vernon
Environmental Health Department
Date
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ApPENDIX NINETEEN
SIGNATURE OF AUTHORIZED REPRESENTATIVE
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CERTIFIED UNIFIED PROGRAM AGENCY (CUP A)
APPLICANT CERTIFICATION
I hereby certify the following:
1. On January 3, 1995, the City Council of the City of Vernon approved and
adopted Resolution No. 6572 authorizing the issuance of a Letter of Intent, to
apply as the Unified Program Agency for implementation of all SB1082 program
elements, to the California Environmental Protection Agency. See Appendix 11.
2. On January 4, 1995, the Vernon Environmental Health Department sent, by
certified mail, the above mentioned Letter of Intent to the California
Environmental Protection Agency. See Appendix 11.
3. The responsible agency involved in the implementation of the Unified Program,
as proposed by this application, has adequate resources to carry out the Unified
Program.
4. The City of Vernon is a non-county entity. Los Angeles County was notified of
our intent to apply to administer the Unified Program within our jurisdiction. See
Appendix 11.
5. The information provided within this application is true to the best of my
knowledge.
6. I understand that this certification is an integral part of the formal application for
certification as Certified Unified Program Agency, and that any false statement
may be grounds for denial or revocation of the Unified Program authorization by
the Secretary of the California Environmental Protection Agency.
/;
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Date ./
BRUCE V. MALKENHORST, City Clerk
City of Vernon
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TABLES
ENUMERATIONS/DEMOGRAPIDC INFORMATION. . . . . . . .. TABLE 1
SUMMARY OF PROGRAM ACTIVmES . . . . . . . . . . . . . . . .. TABLE 2
TIME ALLOCATION OF STAFF ...................... TABLE 3
TRAINING AND EXPERTISE ......................... TABLE 4
REPORTING AND AUDITING REQUIREMENTS ........... TABLE 5
REPORTING AND AUDITING REQUIREMENTS .......... . TABLE 6
SURCHARGE TRANSMfIT AL REPORT ................. TABLE 7
ANNUAL SINGLE FEE SUMMARY REPORT ............ . TABLE 8
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TABLE 1
ENUMERATIONS / DEMOGRAPHIC INFORMATION
Jurisdiction: City of Vernon
PROGRAMS & #OF MANDATED APPLICANT AGENCY
ELEMENTS BUSINESSES JNSPECTION JNSPECTION TO
FREQUENCY FREQUENCY JNSPECT
Total # of all 546
regulated businesses
UST Sites 98
Total # of USTs 295
SPCC 10 N/A Annually VEID
RWQCB
VHMMP* 546 N/A Annually VEH
e PBR At least Approx.
1 once/3 yr. OncelYr. VEH
CA 9 At least Approx.
once/3 yr. Once/Yr. VEH
CE 20 At least Approx.
once/3 yr. OncelYr. VEH
RMPP 36 At least Approx.
once/3 yr. OncelYr. VEH
Generators No
209 mandated Annually VEH
frequency
*VHMMP includes all the regulated facilities within the HMMP and the HMRRP program elements.
All regulated facilities within VEH's jurisdiction are required to obtain a VHMMP permit.
Regulatory Citations:
T27, CCR Section 15150(e)(4)
T27, CCR Section 15170(b)(1)
T27, CCR Section 15200(b)
T27, CCR Section 15200(t)(1)(A-C)
T27, CCR Section 1521O(b)(1)(F-H)
T27, CCR Section 15150(e)(16)
T27, CCR Section 15200(b)(1-5)
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TABLE 7
SURCHARGE TRANSMITTAL REpORT
Date Submitted:
JURISDICTION:
COMPLETED By:
FISCAL YEAR:
TELEPHONE
NUMBER:
CHECK NUMBER:
TOTAL AMOUNT OF
SURCHARGE REMITIED
e
CUP A OVERSIGHT
PERMIT-BY-RULE
CONDITIONALLY AUTHORIZED
CONDITIONALLY EXEMPT
UNDERGROUND STORAGE
TANKS
. TOTAL
The Surcharge Transmittal Report must be completed and remitted to the Secretary each
time surcharge revenues are submitted. Please staple the remittance check to this form
when submitting surcharge revenues.
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