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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
Health System
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DATE:
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January 3, 2011
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BOARD MEETING DATE:
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February 8, 2011
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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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Jean S. Fraser, Chief, Health Systems
Brian J. Zamora, Director, Community Health
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SUBJECT:
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Unified Program Agency Corrective Action Fees
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RECOMMENDATION:
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Adopt an Ordinance adding Section 5.120.040(b) to Section 5.120.040 of Chapter 5.120 of the San Mateo County Ordinance Code relating to Fees For Hazardous Waste Producers
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BACKGROUND:
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Since 1988 San Mateo County has been overseeing the clean-up and remediation from soil and water pollution caused by leaking underground petroleum storage tank systems. During this time, staff have developed expertise to address contaminants for other unauthorized releases that extend beyond petroleum products. Many owners wishing to remediate their properties have entered into voluntary agreements to have Environmental Health staff review and certify that clean-up is consistent with standards and protective of the environment and public’s health. The Environmental Health Division of the Health System has been charging these owners the fees in Chapter 5.120 to reimburse the County for the cost of providing this service.
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DISCUSSION:
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The California Code of Regulations, Title 22, Division 4.5 Chapter 50 Corrective Action, allows local agencies to become designated as a Unified Program Agency (UPA) and gives the designated UPA full authority to implement and enforce corrective action requirements contained within the Health and Safety Code. This authority is crucial to ensure recalcitrant parties quickly and effectively investigate and remediate releases before they can become an environmental or public health concern. The California Department of Toxic Substance Control has informed Environmental Health that in order to successfully apply to become an UPA, language needs to be added into the San Mateo County Ordinance Code to clarify Environmental Health’s authority to collect Chapter 5.120 fees when acting as a Unified Program Agency.
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The addition to the Ordinance Code has been reviewed and approved as to form by County Counsel.
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Approval of this Ordinance contributes to the Shared Vision 2025 outcome of an Environmentally Conscious Community by giving San Mateo County Environmental Health the authority to efficiently investigate noncompliant parties and reverse hazardous waste releases before they can become an environmental or public health concern. Active inspection programs assist businesses in achieving and maintaining compliance with State regulations. It is anticipated that 94% of permitted facilities will receive an annual inspection in FY 2010-11.
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Performance Measure(s):
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Measure
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FY 2009-10
Actual
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FY 2010-11
Projected
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Percent of permitted facilities receiving an annual inspection
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100%*
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94%
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*Inspection goal in FY 2009-10 was exceeded
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FISCAL IMPACT:
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There is no Net County Cost associated with this action.
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