Item 35 Staff Report Adoption of Resolution Stating Town Intention to Assume Implementation Responsibilities for Underground Storage of Hazardous Substances (Health and Safety Code - Section 25280 ETSEQ) and Designate Santa Clara County Central Fire Prote13D
COUNCIL AGENDA
DATE: 6/18/90
ITEM NO. 35
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: JUNE 14, 1990
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT F. BEYER, INTERIM TOWN MANAGER
SUBJECT: ADOPTION OF RESOLUTION STATING TOWN INTENTION TO
ASSUME IMPLEMENTATION RESPONSIBILITIES FOR
UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
(HEALTH AND SAFETY CODE - SECTION 25280 ET SEQ) AND
DESIGNATE SANTA CLARA COUNTY CENTRAL FIRE
PROTECTION DISTRICT AS THE ADMINISTRATION AND
ENFORCEMENT AGENCY (CHAPTER 6.95 OF DIVISION 20 OF
THE HEALTH AND SAFETY CODE)
RECOMMENDATION:
It is recommended that the Town Council adopt a resolution continuing to retain control
of underground storage tanks and designating the Santa Clara County Central Fire
Protection District as the administration and enforcement agency.
(Continued on Page 2)
PREPARED BY: ROBERT F. BEYER, Interim Town Manager
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Exhibits: Resolution retaining control of underground storage tanks and designate the
Santa Clara County Central Fire Protection District as the administration and
enforcement agency
Distribution: Doug Sporleder, Chief - Central Fire District, 3071 Driftwood Avenue
San Jose CA 95128
Reviewed by: Attorney
TOWN ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
June 14, 1990
BACKGROUND:
On September 23, 1988, the Environmental Protection Agency finalized regulations for
underground storage tanks containing hazardous substances. Under Section 9003 of the
Resource Conservation Recovery Act, all States are mandated to implement the technical
requirements for such storage.
On March 1, 1989, Assembly Bill 1030 was introduced which supported the Federal
Program in California. AB 1030 requires all Counties, including Cities/Town and Counties
which implemented underground storage tank regulators prior to January 1, 1984 to
implement the Federal standards. AB 1030 further requires those Cities/Towns and
Counties to indicate, by resolution, their intent to retain local control over the
implementation of underground field storage tank regulations. This action must be taken
no later than July 1, 1990, otherwise, the Program would be implemented by the Santa
Clara County Health Department.
DISCUSSION:
The Town of Los Gatos and the Santa Clara County Central Fire Protection District should
retain control of the underground storage tanks rather than allowing the Program to be
implemented by the Santa Clara County Health Department for the following reasons:
1. A significant volume of underground tank regulations are found in the Uniform Fire
Code which is presently enforced by the Central Fire District.
2. The Central Fire District presently regulates underground tanks through the Los
Gatos Town Code. Continuity of the Program would be retained by the Central Fire
District implementing the Federal Act.
CONCLUSION:
It is believed to be in the best interest of the Town of Los Gatos to continue to have the
Santa Clara County Central Fire Protection District retain control over the enforcement of
regulations pertaining to underground storage tanks. It is therefore recommended that the
attached resolution so stating be adopted.
FISCAL IMPACT:
There is no fiscal impact to the Town by approving this action.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AFFIRMING ITS ASSUMPTION OF RESPONSIBILITY FOR THE
IMPLEMENTATION OF CHAPTER 6.7 OF CALIFORNIA HEALTH AND
SAFETY CODE AND DESIGNATING SANTA CLARA COUNTY CENTRAL
FIRE PROTECTION DISTRICT AS THE AGENCY RESPONSIBLE FOR
ADMINISTRATING AND ENFORCING SAID CHAPTER
WHEREAS:
The Town has regulated the underground storage of hazardous substances in its
jurisdiction since adoption of its Hazardous Materials Storage Permit Ordinance on July 18,
1983, and has designated the Santa Clara County Central Fire Protection District to
administrator and enforce said ordinance; and
WHEREAS:
The Town has been exempt since 1983 from implementing Chapter 6.7 of the
California Health and Safety Code, the State's program for regulating the underground
storage of hazardous substances; and
WHEREAS:
In 1989, the California State Legislature enacted AB 1030 which was prompted by
the Environmental Protection Agency's adoption of regulations implementing the Hazardous
and Solid Waste Amendments to the Resource Conservation and Recovery Act (42 U.S.C.
6991 et seq.); and
WHEREAS:
The Town intends to continue the regulation of underground storage and hazardous
substances in its jurisdiction by assuming responsibility for implementing Chapter 6.7 of the
California Health and Safety Code and to designate the administration and enforcement
responsibility for said chapter by the Santa Clara County Central Fire Protection District.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF
LOS GATOS:
The Council of the Town of Los Gatos hereby notifies Santa Clara County of the
Town's intention to continue to assume responsibility for implementing Chapter 6.7 of the
California Health and Safety Code and to designate the Santa Clara county Central Fire
Protection District to administer and enforce said chapter.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the
vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
A'1'1'EST:
day of by the following
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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RESOLUTION 1990 - 134
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AFFIRMING ITS ASSUMPTION OF RESPONSIBILITY FOR THE
IMPLEMENTATION OF CHAPTER 6.7 OF CALIFORNIA HEALTH AND
SAFETY CODE AND DESIGNATING SANTA CLARA COUNTY CENTRAL
FIRE PROTECTION DISTRICT AS THE AGENCY RESPONSIBLE FOR
ADMINISTRATING AND ENFORCING SAID CHAPTER
WHEREAS:
The Town has regulated the underground storage of hazardous substances in its
jurisdiction since adoption of its Hazardous Materials Storage Permit Ordinance on July 18,
1983, and has designated the Santa Clara County Central Fire Protection District to
administrator and enforce said ordinance; and
WHEREAS:
The Town has been exempt since 1983 from implementing Chapter 6.7 of the
California Health and Safety Code, the State's program for regulating the underground
storage of hazardous substances; and
WHEREAS:
In 1989, the California State Legislature enacted AB 1030 which was prompted by
the Environmental Protection Agency's adoption of regulations implementing the Hazardous
and Solid Waste Amendments to the Resource Conservation and Recovery Act (42 U.S.C.
6991 et seq.); and
WHEREAS:
The Town intends to continue the regulation of underground storage and hazardous
substances in its jurisdiction by assuming responsibility for implementing Chapter 6.7 of the
California Health and Safety Code and to designate the administration and enforcement
responsibility for said chapter by the Santa Clara County Central Fire Protection District.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF
LOS GATOS:
The Council of the Town of Los Gatos hereby notifies Santa Clara County of the
Town's intention to continue to assume responsibility for implementing Chapter 6.7 of the
California Health and Safety Code and to designate the Santa Clara county Central Fire
Protection District to administer and enforce said chapter.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of JUNE, 1990 by the following vote.
COUNCIL MEMBERS:
AYES:
Joanne Benjamin, Eric D. Carlson
Brent N. Ventura
Mayor Thomas J. Ferrito
NAYS: NONE
ABSENT: Robert L. Hamilton
ABSTAIN: NONE
SIGNED:
ATTEST:
/s/ Thomas J. Ferrito
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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June 18, 1990
Los Gatos, California
SOLID WASTE/RATES/RESOLUTION 1990-137
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-137
entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING RATES FOR
REFUSE COLLECTION SERVICES, which includes: adopting "C" Sub "b", with change that
rates would be a constant per can rate after two cans; commencing an educational program on
recycling using any surplus funds above what Green Valley is due for establishing this
educational campaign and to place articles in Town Talk, Cable TV, and Newspapers. Green
Valley to keep in contact with Town's waste management staff in order to assess progress of
program. This proposal does not include organic recycling at this time. Carried by a vote of
2 ayes from Mr. Carlson and Mr. Ventura. Mrs. Benjamin voted no stating that more time was
needed to generate a more comprehensive plan which would include the education of the users
of the program and including uses for recycled materials, and that the new rate scale is
discriminatory toward people with families and without gardeners. Mr. Ferrito abstained stating
that further public hearing should be held on the issue. Mr. Hamilton absent.
BUDGET/FISCAL YEAR 1990-91/RESOLUTION 1990-132
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to add $1,340 to the Senior Nutrition
Services Program. Carried by a vote of 3 ayes. Mr. Carlson abstained. Mr. Hamilton absent.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-132
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE OPERATING
BUDGET FOR FISCAL YEAR 1990-91, which includes the previously adopted amendment.
Carried by a vote of 4 ayes. Mr. Hamilton absent.
Mr. Carlson, requested that Council review policy relating to Council Members serving on the
Boards of Town Commissions, Boards and Agencies funded by the Town.
CAPITAL IMPROVEMENT PROGRAM 1990-93/RESOLUTION 1990-133
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council incorporate the specifics, as
recommended by the Planning Commission, regarding the Capital Improvement Program as it
relates to the General Plan and adopt Resolution 1990-133 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS ADOPTING CAPITAL IMPROVEMENT PROGRAM BUDGET FOR
FISCAL YEAR 1990-91 THROUGH 1992-93. Carried by a vote of 4 ayes. Mr. Hamilton absent.
HAZARDOUS WASTE/UNDERGROUND STORAGE/CENTRAL FIRE DISTRICT
ENFORCEMENT AGENCY/RESOLUTION 1990-134
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1990-134
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING ITS ASSUMPTION
OF RESPONSIBILITY FOR THE IMPLEMENTATION OF CHAPTER 6.7 OF CALIFORNIA
HEALTH AND SAFETY CODE AND DESIGNATING SANTA CLARA COUNTY CENTRAL
FIRE PROTECTION DISTRICT AS THE AGENCY RESPONSIBLE FOR ADMINISTRATING
AND ENFORCING SAID CHAPTER. Carried by a vote of 4 ayes. Mr. Hamilton absent.
TC:DI:MM061890
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