SR-080527-1JCity Council Meeting: May 27, 2008
Agenda Item: I ^~
To: Mayor and City Council
From: Joan Akins, Acting Director -Environmental and Public Works
Management
Subject: Aboveground Petroleum Storage Tank Act Grant Program
Recommended Action
Staff recommends that the City Council:
1. adopt a resolution authorizing the City Manager to submit and execute
agreements and any amendments thereto to implement the Aboveground
Petroleum Storage Tank Act Grant Program; and
2. authorize the appropriation of the grant funds.
Executive Summary
Recent Assembly Bill 1130, chaptered on October 13, 2007, and effective as of January
1, 2008, formally vested Certified Unified Program Agencies (CUPA's) with the
responsibility and authority to implement the Aboveground Petroleum Storage Act
(APSA) program. In order to receive grant funds to assist CUPAs with implementing the
AST program, the grantees must complete a grant application, adopt a local resolution
to accept the funds; and submit a signed grant agreement by June 2, 2008. On March
3, 2008, the City submitted a grant application and was awarded $40;340.56 by the
California Environmental Protection Agency (CaIEPA) to implement the aboveground
petroleum storage tank act grant program.
Background.
In 1997, the City Council authorized the City of Santa Monica to become a CUPA in
order to administer the consolidation and coordination of six specific hazardous material
control programs including the Underground Storage Tank (UST) program, the
Aboveground Storage Tank (AST) program, the Business Plan Program, the California
Accidental Release Prevention Program, the Hazardous Materials Management
PlanlHazardous Materials Inventory Statement Program, and the Hazardous Waste
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Generatorlfiered Permitting Program. These programs are currently administered by
the City of Santa Monica Environmental Programs Division in conjunction with the City
of Santa Monica Fire Department and Los Angeles County Fire Department. Under the
CUPA program the City is responsible for permitting, inspecting, and collecting fees
from approximately 240 businesses.
Assembly Bill. 1130 transfers the responsibility for the implementation, enforcement, and
administration of the APSA from the State Water Resources Control Board (SWRCB) to
the CUPA's. Amongst many other provisions of the new bill, CUPA's are eligible to
receive funds to assist with training personnel in the requirements of the act including
completing a training program and passing an examination developed by the secretary
of the CaIEPA. Other provisions of the bill require owners and operators of
aboveground tank facilities, with an aggregate storage capacity of 1,320 gallons of
petroleum, to prepare and implement a Spill Prevention Control and Countermeasure
(SPCC) plah in accordance with federal law. AST facilities will also be responsible for
submitting proof of their SPCC plan to the local CUPA agency.
Discussion
Staff with the Environmental Programs Division and the Fire Department will utilize the
APSA grant funds to incorporate and implement the APSA program into the existing
structure of the CUPA program as outlined in the APSA grant application work plan and
associated timeline for completion. In its work plan from January 1, 2008 through
December 31, 2009 the City has outlined its approach for incorporating the APSA
program into the existing fee accountability system, accounting for the fee schedule, the
actual amount billed, and the revenue collected; for adopting the APSA program fee. as
a part of the Single Fee system at a level sufficient to pay the necessary and
reasonable costs incurred by the CUPA in administering the APSA program;
implementing a staffing plan to redirect existing CUPA staff; identification of the
regulated universe of aboveground tank facilities in the City of Santa Monica; a training
plan; development of an inspection and compliance plan; adoption of administrative
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procedures including the submittal of progress reports; and outreach to the regulated
business community.
Financial Impacts & Budget Actions
The City will receive an advance of 80% with approval of the grant agreement, and final
reimbursement of the 20% upon submittal of the final report.
Upon grant award, the following budget changes are needed to record receipt of the
grant funds and make them available for program use:
1. Establish a revenue budget in the amount of $40,341 at account number
20662.407510; and
2. Appropriate $40,341 in operating account number 20662.570240.
Prepared by: James Conway, Senior Environmental Analyst
Approved:
Forwarded to Council:
Joa Akins P. ont Ewell
Acting Director, Environmental and City Manager
Public Works Management
Attachment: Resolution
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Reference
Resolution No.
10293 (CCS).