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COUNTY OF SAN MATEO
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Inter-Departmental Correspondence
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Health Department
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DATE:
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June 24, 2008
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BOARD MEETING DATE:
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July 22, 2008
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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Charlene A. Silva, Director of Health
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Brian J. Zamora, Director of Public & Environmental Health Division
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SUBJECT:
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Agreement with the State of California, California Environmental Protection Agency to implement aboveground Petroleum Storage Act Program
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RECOMMENDATION:
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Adopt a Resolution:
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1) Authorizing the President of the Board to execute an Agreement with the State of California, California Environmental Protection Agency to implement the Aboveground Petroleum Storage Act Program for the term January 1, 2008 to March 1, 2010 in the amount of $78,850.41; and
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2) Authorizing the Director of the Health Department or the Director’s designee to execute contract amendments which modify the County’s maximum fiscal obligation by no more than $25,000 (in aggregate), and/or modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions
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VISION ALIGNMENT:
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Commitment: Ensure basic health and safety for all.
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Goal 7: Maintain and enhance the public safety of all residents and visitors
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The Agreement contributes to this commitment and goal by ensuring that hazardous materials and hazardous wastes do not pose a threat to the public health or environment.
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Performance Measure:
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Measure
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FY 2007-08 Estimate
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FY 2008-09 Projected
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Percent of permitted facilities receiving an annual inspection
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92%
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93%
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BACKGROUND:
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On December 31, 1996, your Board authorized Resolution No. 60139 that approved a certification for San Mateo County to become a Certified Unified Program Agency (CUPA) for hazardous materials program implementation. Environmental Health Division (Division) is the CUPA responsible for implementing all regulated hazardous materials programs including inspection and enforcement procedures.
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The Aboveground Petroleum Storage Act (APSA) program is being assigned to local CUPAs statewide. Assembly Bill 1130 (Laird) allocates funds, in the form of a grant from the State Environmental Protection Trust Fund, to each CUPA to assume the responsibility to implement and administer the APSA program. APSA requires facilities with aboveground petroleum tanks with aggregate amounts more than 1,320 gallons to develop a Spill Prevention Control and Countermeasure Plan (SPCC) with the goal of minimizing the risk of a spill. APSA requires CUPAs to conduct inspections at tank facilities with an aggregate storage capacity greater than 10,000 gallons of petroleum every three years.
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DISCUSSION:
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California Environmental Protection Agency (Cal-EPA) has determined that the County will be allocated one-time funding not to exceed $78,850.41 to implement the APSA program using existing staff.
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These funds are designed to support the implementation of the program. Program implementation includes staff training, development of procedures and inspection/compliance plans, and designing a fee structure. The Department will bring an ordinance to the Board in 2009 adding fees to support the programs ongoing costs. The Division will submit APSA implementation status reports to Cal-EPA describing the actions taken and work activities performed during the reporting period.
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FISCAL IMPACT:
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The term of the Agreement is January 1, 2008 through March 1, 2010. The funded amount is $78,850.41. The revenue and appropriations are included in the Environmental Health tentatively Adopted FY2008-09 Budget and any unspent funds will be included in a roll-over appropriation for FY 2009-10.
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