SR-6O (7)
EPWM EPD CP BJ RG
Council Meeting January 28, 1997
'00',"0' '0. "" (''''b 0
Santa Monica, CallfornlaJAN 2 8 1997
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to Negotiate and Execute an Agreement and
Memorandum of Understanding (MOU) with the County of Los Angeles to
Support the City as a Participating Agency and a Cooperating Agreement
with other Cities In the County In the Implementation of the City's
Certified Unified Program
INTRODUCTION
The report request that City Council authorize the City Manager to negotiate and
execute an agreement and MOU with the County of Los Angeles Fire Department
Hazardous Material DIVISion to support the City as a Participating Agency In the
Implementation of the City's CertJfled Unified Hazardous Matenals Control Program
The City also IS required to enter Into an agreement with all of the other Cities In the
county that are Implementing a certified unified program
BACKGROUND
In 1994. the state adopted Senate Bill 1082, which required the consolidation and
coordination of specified hazardous matenals control programs, Including
under-ground storage tanks, above-ground storage tanks, the
CommunltY-rlght-to-know program, Article 80 of the Uniform Fire Code (hazardous
matenals reporting), the Risk Management and Prevention Program, and Hazardous
00
JAN 2 8 1997
Waste Generator program The consolidation and coordination efforts are required to
be administered by a Certified Unified Program Agency (CUPA) The legislation
requires that any Junsdlctlon seeking the authonty to oversee the consolidation and
coordination of these SIX programs must apply to the state for approval as the CUPA
State law also mandates that CUPA's must consolidate permltling, Inspeclions, and fee
billing to the maximum extent practicable In fiscal year 97/98, the City Will begin billing
and collecting hazardous matenals related fees assessed by the County Fire
Department at the time City hazardous matenals program fees are collected On a
quarterly baSIS, the City Will reimburse the County their fees collected
Becoming a CUPA IS cntlcallf the City deSires to remain autonomous In ItS regulation
of handlers of hazardous matenals and waste Furthermore, the state requires that a
CUPA shall execute a contract With any agency which may assist the CUPA In overall
program ImplementatIOn
In early 1996. the City Council authonzed staff to apply to the California EnVironmental
Protection Agency (Cal/EPA), Department of TOXIC Substance Control (DTSC) to
become a Certified Unified Program Agency (CUPA)
DISCUSSION
There are three documents that the City Manager must negotiate and execute In order
for the City to become a CUPA The Participating Agency agreement and MOU speCify
2
the relationship between the City and County regarding Implementation of the CUPA
program As discussed earlier, the City will be the lead agency and rely on the County
Fire Department to continue Implementation of only one of the SIX programs
Cal/EPA recently Imposed an unanticipated mandate on all the agencies applying to be
CUPAs to submit a draft Cooperating Agencies Agreement by January 31, 1997
These agencies Include Santa Monica, Los Angeles, Vernon, Santa Fe Springs, Long
Beach/Signal Hili JPA, Glendale. and the Los Angeles County Fire Department The
stated Intent of the CM IS to ensure coordination Within Los Angeles County CallEPA
requires that a Signed draft CM be submitted by January 31, 1997
BUDGET/FISCAL IMPACT
Fees Will be collected by the Utilities DIVISiOn uSing the same bills as are used for the
Industrial waste program All fees collected for the County will be processed In the
follOWing accounts Restricted cash 80-000-000-00000-9440-00920, Accounts
receivable 80-000-000-00000-9490-00921. Vouchers payable
80-000-000-00000-9750-04851 The County Will be Issued a check on a monthly basIs,
based on the amount of fees collected
RECOMMENDATIONS
Staff recommends that the City Council authOrize the City Manager to negotiate and
execute an agreement and MOU With the Los Angeles County Fire Department,
3
Hazardous Matenal DIVISion and a Cooperating Agencies Agreement with other cities
for the Implementation of the CUPA program
Prepared by
Craig Perkins, Director of Environmental and Public
Works Management
Bnan Johnson, Environmental Coordinator
Roger Gorke, EPWM Senior Administrative Analyst
4