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HomeMy WebLinkAboutCC Resolution 9448 (Household Hazardous Waste)RESOLUTION NO. 9448 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT TO OPERATE A PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION AND CONSOLIDATION FACILITY WHEREAS, the people of the State of California have enacted Assembly Bill 1220 (Fastin, 1993) that provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills; and WHEREAS, the City of San Rafael has received a grant award in the amount of $93,060 for the purpose of implementing a household hazardous waste collection and consolidation facility; and WHEREAS, Marin Recycling and Recovery Association has received city authorization to site a permanent household hazardous waste collection facility and is consistent with the requirements of the County Solid and Hazardous Waste Plan pursuant to AB939; and WHEREAS, the City has received authorization by permit variance from the California Environmental Protection Agency and the California Integrated Waste Management Board to operate a household hazardous waste collection facility; NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council authorizes and empowers the City Manager of the City of San Rafael to execute in the name of the City of San Rafael the Hazardous Waste Collection Program Agreement with the Marin Recycling and Recovery Association attached hereto. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 5th day of SEPTEMBER 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to Conflict of Interestl JE M. LEONCFNI Ciit Clerk Y �RI61NAl�� HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT THIS AGREEMENT, is entered into as of September 14, 1995, by and between the City of San Rafael ("City"), and Marin Recycling & Resource Recovery Association, a California corporation ("Company"). WHEREAS, the Company and the City are faced with increased demand for recognized hazardous waste facilities; and WHEREAS, no organized full-time effort has been dedicated to resolve or reduce the hazardous waste stream; and WHEREAS, the City sought and received from the California Department of Toxic Substances Control authorization to conduct a hazardous waste collection program for household hazardous waste and conditionally exempt small quantity generator waste, to be operated by the Company as the City's exclusive contractor; and WHEREAS, the City Council has given prior approval to enter into this agreement; and NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. Definitions (a) "Approved Hazardous Waste" means household hazardous waste and conditionally exempt small quantity generator waste that Company is authorized to receive at the Project Site under the terms of the Variance of the California Department of Toxic Substances Control, except for such waste designated on EXHIBIT "A" attached hereto , as may be modified hereafter from time -to -time by 1 agreement of the parties. (b) "Approved Service Area" shall mean the City of San Rafael and such other jurisdictions as City hereafter may designate from time -to -time by written notice given by City to Company. (c) "Approved VSQGs" shall mean VSQGs whose place of residence or business at the time of delivery of approved hazardous waste to the Company is in an Approved Service Area. (d) "Disposal Manifest" shall have the meaning set forth in California Code of Regulations, Title 22, Section 66131. (e) "Facilities Manual" means the document titled "Permanent Household Hazardous Waste Collection and Consolidation Facility for the City of San Rafael, Operation Plan -Facility Manual", dated October 1993, which is on file with the City Clerk and incorporated by reference into this Agreement, together with any modification, amendment, or supplement thereto as may be agreed to from time -to -time, in writing, by the Company, and the City Manager and City Fire Chief. (f) "Generator" has the meaning given that term in California Code of Regulations, Title 22, Section 66260.10 and 40 C.F.R. Section 260.10 and as the term "Generator" is used in the Hazardous Waste Control Act ("HWCA"), California Health & Safety Code, Section 25100, et seq., and the Resources Conservation and Recovery Act ("RCRA") 42 U.S.C. Section 6901, et seq. and respective implementing regulations. (g) "Permitted Disposal Site" means a hazardous waste disposal site permitted or deemed to be permitted pursuant to 42 2 U.S.C. Section 6925 and California Health & Safety Code, Sections 25200, 25200.5 and applicable regulations. (h) "Project Site" means that portion of the Company's property that has been set aside and designated for receipt of Approved Hazardous Wastes as described in the Facilities Manual. (i) "Registered Hazardous Waste Transporter" shall have the meaning set forth in California Code of Regulations, Title 22, Section 66176 and shall be a transporter that at the time of transport, is registered with the California Department Toxic Substances Control, as required by California Health & Safety Code, Articles 6 and 6.5, and California Code of Regulations, Title 22, Articles 5 and 6.5. (j) "Variance" shall mean the variance determination of the California Department of Toxic Substances Control for the Hazardous Waste Collection Facility, attached as EXHIBIT "B" and incorporated by reference into this Agreement, and any modification, amendment or supplement thereto as may be agreed upon by the Company, the City Manager and Fire Chief of the City, and as may be approved by the Department of Toxic Substances Control. (k) "VSQGs" shall mean persons who reside in households or operate small businesses and who are very small quantity generators of Approved Hazardous Waste. 2. Acceptance and Manaaement of Approved Hazardous Waste. (a) Company shall perform the day-to-day operational services at the Project Site in connection with receipt, storage, handling and disposal of the Approved Hazardous Waste in accordance 3 with the operational procedures set forth in the Facilities Manual, the Variance of the California Department of Toxic Substances Control, and all applicable federal, state and local laws and regulations. (b) Notwithstanding the operating schedule contained in the Facilities Manual, Company shall accept Approved Hazardous Waste at the Project Site only at the times authorized by the City in the operating schedule attached hereto as EXHIBIT "C", which schedule may be amended by the City from time -to -time by written notice given by City to Company. (c) In accordance with the operational procedures set forth in the Variance and Facilities Manual, the Company shall voluntarily receive at the Project Site only Approved Hazardous Waste which has been represented to have been produced in the Approved Service Area. Before accepting such waste, Company shall require verification that the Approved Hazardous Waste delivered to the Project Site was produced by Approved VSQGs in the Approved Service Area, in accordance with the operation procedures set forth in the Variance and Facilities Manual. Company shall voluntarily receive at the Project Site only those Approved Hazardous Wastes that it is authorized to receive under the Variance and in accordance with the procedures set forth in the Facilities Manual. (d) The Company shall not voluntarily receive hazardous waste that is not Approved Hazardous Waste. Moreover, the Company will not receive any hazardous waste which it does not believe can 4 be handled or stored legally, safely, or compatibly with the facilities and with other hazardous wastes at the Project Site. In the event the Company inadvertently receives at the Project Site hazardous waste that is not Approved Hazardous Waste, it shall comply with procedures set forth in the Facilities Manual and the Variance, and accept responsibility as a generator with respect to such hazardous waste. (e) Company shall segregate, package, label and otherwise prepare the Approved Hazardous Wastes received from Approved VSQGs pursuant to this Agreement for transport to a Permitted Disposal Site in accordance with the Variance and the procedures set forth in the Facilities Manual. Company shall be responsible for timely notification to the City Fire Department in accordance with the provisions of the Facilities Manual whenever it desires the City Fire Department to arrange for removal of the Approved Hazardous Waste by a Registered Hazardous Waste Transporter. (f) Company shall have the responsibility for the safe handling and storage of the Approved Hazardous Wastes from the time the Approved Hazardous Wastes are accepted at the Project Site by employees of Company until such time as the Approved Hazardous Wastes are loaded onto a Registered Hazardous Waste Transporter vehicle for transport to a Permitted Disposal Site designated on a Disposal Manifest. 3. Transport and Disposal of Generated Hazardous Waste. (a) Under the terms of this Agreement, the City agrees 5 that it is and accepts the responsibilities of the Generator and Producer of the Approved Hazardous Waste received at the Project Site by the Company in accordance with this Agreement, the Facilities Manual and the Variance. However, City shall not be responsible for contamination permitted or caused by Company for activities or operations of Company not encompassed by this Agreement. (b) The City agrees to provide an authorized individual to sign each Disposal Manifest authorizing the transport and disposal of Approved Hazardous Waste, and to obtain an EPA Generator Identification Number for the Project Site for such Approved Hazardous Waste. (c) Upon notification by Company to City as provided in the Facilities Manual, the City shall be responsible for the removal of the Approved Hazardous Wastes stored upon the Project Site and shall independently contract and arrange with a Registered Hazardous Waste Transporter to remove the accumulated, Approved Hazardous Wastes and to dispose of the Approved Hazardous Wastes at a Permitted Disposal Site. (d) Company agrees to collect, maintain and provide copies to the City of all information, inventories, manifests, invoices and any other documents as set forth in the Facilities Manual. (e) Company shall pay for transportation and disposal costs in accordance with the procedures set forth in the Facilities Manual. 0 4. Public Education The City, in cooperation with Company, shall implement an information program to advise Approved VSQGs of the Approved Hazardous Waste collection project as provided for in the Facilities Manual. Company shall assist in the implementation of this program by distributing informational material in the manner set forth in the Facilities Manual. 5. Permits Company and the City agree to cooperate together to obtain all permits and other governmental authorizations and make all filings as may be necessary or desirable in connection with the Project as set forth in the Facilities Manual. 6. Inspections (a) The City shall inspect the Project Site at least monthly in accordance with the Variance and consistent with the procedures set forth in the Facilities Manual. The City shall have the right to inspect the Project Site at any time without providing prior notice. (b) Company shall inspect the Project Site in accordance with the schedule and procedures set forth in the Facilities Manual. 7. Indemnification Company agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release City, its officers, agents and employees, from and against any and all actions, claims, damages, liabilities or 7 expenses (including costs of defense, settlement, expert witness fees, and attorney's fees) that may be asserted by any person or entity, including Company's employees or agents, arising out of or in connection with the performance of Company under this Agreement, whether or not there is concurrent negligence on the part of the City, but excluding liability due to the sole active negligence or sole willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Company or its agents under workers' compensation acts, disability benefits acts or other employee benefit acts. In addition, Company shall be liable to City for any loss or damage to City property arising from or in connection with Company's performance hereunder. 8. Insurance Notwithstanding the insurance provisions specified in the Facilities Manual, Company shall procure and maintain for the duration of this Agreement, insurance as provided hereafter against claims for injuries to persons or damages to property which may arise from or in connection with the work hereunder by the Company, its agents, representatives, employees or subcontractors. With respect to General Liability, Errors and omissions and Pollution and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after the expiration or earlier termination of this Agreement. 8.1 Minimum Scope of Insurance Coverage shall be at least as broad as: (a) Insurance 8 Services Office Commercial General Liability coverage (occurrence Form CG0001 or Claims Made Form CG 0002); (b) Insurance Services Office Form No. CA 0001, covering Automobile Liability, Code 1 (any auto) or Code 8, 9 if no owned autos; (c) Worker's Compensation insurance as required by the State of California and Employer's Liability insurance; and (d) Pollution and/or Asbestos Liability and/or Errors and Omissions. 8.2 Minimum Limits of Insurance Company shall maintain limits no less than: (a) General Liability: $1,000,000 per occurrence and $2,000,000 policy annual aggregate, for bodily injury, personal injury and property damage. (b) Automobile Liability,: $1,000,000 per accident for bodily injury and property damage. (c) Emolover's Liabilitv: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease. (d) Pollution and/or Asbestos Pollution Liabilitv and/or Errors and Omissions: $1,000,000 each occurrence / $2,000,000 policy annual aggregate. 8.3 Deductible and Self Insured Retention Any deductibles or self insured retention must be declared to and approved by the City. If possible, the insurer shall reduce or eliminate such deductibles or self insured retention as respects the City, its officers, officials, employees and volunteers; or the Company shall provide evidence satisfactory 0 to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 Other Insurance Provisions (a) The General Liability, Automobile Liability, Pollution and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of: 1) automobiles owned, leased, hired or borrowed by or on behalf of the Company; 2) work or operations performed by or on behalf of the Company including materials, parts or equipment furnished in connection with such work or operations; and 3) Pollution and/or Asbestos Pollution. (2) For any claims related to this project, the Company's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its members, officers, officials, employees, agents or volunteers shall be excess of the Company's insurance and shall not contribute with it. (3) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially changed by the Insurer except after thirty (30) days prior written notice has been given to the City. (b) The Automobile Liability policy shall be endorsed to delete the Pollution and/or the Asbestos exclusion and add the 10 Motor Carrier Act endorsement (MCS-90), TL 1005, TL 1007 and any other endorsements that may be required by federal or state authorities. (c) If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors and Omissions coverage are written on a Claims Made form: (1) The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of contract work. (2) Insurance must be maintained and evidence of insurance must be provided for a least five (5) years after completion of the Agreement, or earlier termination thereof. (3) If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the effective date of the Agreement, the Company must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. 8.5 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII if admitted. If Pollution and/or Asbestos Pollution and/or Errors and Omissions coverage are not available from an "Admitted" insurer, the coverage may be written by a Non-admitted insurance company. A Non-admitted company should have an A.M. Best's rating of A:X or higher. 8.6 Verification of Coverage 11 Company shall furnish the City with endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City, unless the insurance company will not use the City's form. All endorsements are to be received and approved by the City prior to the execution of this Agreement by the City. As an alternative to the City's forms, the Company's insurer may provide complete copies of all required insurance policies including endorsements effecting the coverage required by this Article 5. Upon City's written request, Company shall provide certified copies of the insurance policies. Said policy copies shall be submitted to the City within thirty (30) days of such request. 8.7 Subcontractors Company shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 8.8 Policv Obliaations Company's indemnity and other obligations shall not be limited by the foregoing insurance requirements. 8.9 Material Breach If Company, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of this Agreement. City, at its 12 sole option, may terminate this Agreement and obtain damages from Company resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Company, City may deduct from sums due to Company any premium costs advanced by City for such insurance. These remedies shall be in addition to any other remedies available to the City. 9. Miscellaneous (a) Entiretv of Contract. This Agreement, including the Facilities Manual and Variance, constitutes the entire agreement between the parties relating to the subject of this Agreement and supersedes all previous agreements, promises, presentations, understandings and negotiations, whether written or oral, among the parties with respect to the subject matter hereof. No modification, amendment, supplement to, or waiver of this Agreement, or any of its provisions, will be binding on the parties unless made in writing and signed by such parties. (b) Severability. In the event any one or more provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal or unenforceable provisions shall be replaced by a mutually acceptable provision, which, being valid, legal and enforceable, comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision. (c) Assianment. This contract may not be assigned by Company without the express written consent of the City. 13 (d) Waiver. No waiver of any term or condition of this Agreement or any breach of this Agreement, or any part thereof, shall be effective unless expressed in writing and signed by the party to be bound, and shall not be deemed a waiver of any other term or condition of this Agreement, or if any subsequent breach of this Agreement or any part thereof. (e) No Joint Venture. The Company is an independent contractor of the City with regard to the subject matter of this Agreement and nothing herein expressed or implied is intended or shall be construed to create a partnership, joint venture, agency or employment relationship among the parties hereto. (f) Third Parties. Nothing herein express or implied is intended or shall be construed to confer upon or give any third person any rights or remedies pursuant to this Agreement and no party hereto shall be liable to any third person for the acts or omissions of any other party. (g) Term. The term of this Agreement shall be for the period commencing October 1, 1995, and ending coterminous with the expiration date of the Variance, together with any and all extensions thereof obtained by agreement of the parties, unless terminated earlier as provided in paragraph 9(i) hereafter. (h) Fees. 1) City shall remit to the Company fees for services to be rendered by the Company hereunder in an amount and in the manner to be agreed upon, in writing, by the parties, subject to the approval of the City Council. Said agreed fees shall 14 become Schedule "D" to this agreement. 2) However, City shall pay no fees and Company shall bear the entire cost of the Program established under this agreement, for either the first six months from the commencement of this agreement, or until the parties reach a mutual agreement on a fee structure, compatible with all federal, state and local laws and regulations, whichever event occurs later. (i) Termination (1) Termination Without Cause. Notwithstanding anything stated to the contrary herein, at any time and without cause, the City shall have the right, in its sole discretion, to terminate this Agreement by giving thirty (30) days written notice to Company. In the event of such termination, City shall pay Company for services satisfactorily rendered to the date of termination. (2) Termination With Cause. Notwithstanding anything stated to the contrary herein, if Company should fail to perform any of its material obligations hereunder, within the time and in the manner herein provided, or otherwise violate any of the material terms of this Agreement, City may immediately terminate this Agreement by giving Company written notice of such termination, stating the reason for such termination. In such event, Company, subject to the provisions of section 9 (h), shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the 15 Agreement as the services satisfactorily rendered hereunder by Company bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Company. (j) Headinas. The section headings contained in this Agreement are for purposes of reference only and shall not affect the meaning or interpretation of this Agreement. (k) Notices. Any notice or request required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been given when remitted in any of the following methods: 1) deposited in the United States of America mail, first class, postage prepaid, duly addressed, registered or certified, return requested, at the following addresses or at such other address or addresses as is directed by either party by written notice delivered to the other as in this subparagraph provided; 2) personal delivery; 3) facsimile transmission, upon written or facsimile confirmation of receipt by the receiving party: 16 CITY OF SAN RAFAEL COMPANY 1400 Fifth Avenue Marin Recycling & Resource San Rafael, CA 94901 Recovery Association Attn: City Manager Attn: Joseph J. Garbarino, Fax: (415) 485-2242 President with a copy to: 565 Jacoby Street San Rafael, CA 94901 City Attorney at the Fax: (415) 485-1509 address above set forth (1) Arbitration. Any dispute or controversy arising out of or in connection with this Agreement, including the breach of this Agreement, shall be submitted to and be determined and settled by arbitration in San Rafael, California, by the American Arbitration Association, or other mutually agreed upon arbitration firm, or arbitrator in accordance with the Rules for Commercial Arbitration. If no arbitrator can be agreed upon, the parties shall jointly request the presiding judge of the Marin Superior Court to appoint an arbitrator. The cost of any such arbitration shall be borne equally by the parties involved unless the arbitrator(s) deem such division of cost to be inequitable, in which event the arbitrator(s) may allocate the cost of arbitration among the parties thereto, together with reasonable attorneys fees and costs, as deemed just and equitable under the circumstances. This arbitration provision is compulsory, at the request of either party, and the judgement and award of the arbitrator(s) may be entered in any court of competent jurisdiction. (m) Governina Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. (n) Professional Enaineer Certification. Company shall 17 be responsible for arranging for, and shall assume the cost of, the professional engineer certification required by the Variance. (o) Closure Plan. Company shall be responsible for, and shall assume the cost of, preparing the closure plan required by the Variance. (p) Closure Costs. Company shall be responsible for, and shall assume the cost of, closure at the Project Site, as required by the Variance and all applicable federal and state laws and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. "CITY" ATTEST: By: ANN M. EON City Clerk "COMPANY" Revised 8/31/95 CITY OF SAN RAFAEL By : �� P ELA J. qC O I City Manager MARIN RECYCLING & RESOURCE RECOVERY ASSOCIATION By: 18 EXCEPTIONS FROM DEFINITION OF APPROVED HAZARDOUS WASTE 1. Radioactive wastes, except ionization type smoke detectors. 2. Infectious wastes 3. Biohazard wastes 4. Explosives EXHIBIT "A" STATE ()F CALIFORNIA—CALIFORNIA ENVIRONME PROTECTION AGENCY PETE WILSON, Governor DEPARTMENT OF TOXIC SUBSTANCES CONTROL 400 P STREET, 4TH FLOOR '; P.O. BCX 806 SACRAMENTO, CA 95812-0806 R1E-cE, v, D (916) 324-2431 October 13, 1994 OCT 8 iS.94 FIRE DE:=r CIN OF SAN RAFAEL Mr. Robert E. Marcucci, Fire Chief City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 VARIANCE EXTENSION APPROVAL FOR CITY OF SAN RAFAEL, PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY, EPA I.D. NO. CAH111000128. Dear Mr. Marcucci: This letter is in response to the City of San Rafael's request for a variance extension for Marin Recycling and Recovery Association (MRRA) to continue operating a Permanent Household Hazardous Waste Collection Facility (PHHWCF) for the City of San Rafael at their MRRA facility located at 535 Jacoby Street, San Rafael, CA 94901, until the Department of Toxic Substances Control (Department) makes a final determination regarding issuance of a Standardized Permit for the PHHWCF. On October 18, 1993, the Department of Toxic Substances Control (Department) granted a variance from the Title 22, California Code of Regulations (22 CCR), Division 4.5, Chapter 20, Section 66270 et. seq. Hazardous Waste Facility Permit Requirements for the City of San Rafael to operate a Permanent Household Hazardous Waste Collection Facility (PHHWCF) located at 535 Jacoby Street, San Rafael, Marin County, California 94901. This variance was scheduled to expire on October 18, 1994, or upon the date that the facility became eligible for the Standardized Permit process, whichever came first. The City of San Rafael is currently in the process of completing the Standardized Permit application to operate the PHHWCF at the above location. The Department recognizes and supports the efforts of the City of San Rafael to meet the needs and promote proper management of hazardous waste for its local residents. The Department has determined, pursuant to Health and Safety Code section 25143(a)(2)(A), that the City of San Rafael PHHWCF poses an insignificant risk to human health or the environment, and that a variance extension from the Hazardous Waste Facility EXHIBIT B-1 Pnnred an pecwled Paper CITY OF SAN RAFAEL PHHWCF VARIANCE EXTENSION Page 2 Permit Requirements of California Code of Regulations, Title 22, Division 4.5, Chapter 20 for continued operation of the PHHWCF is appropriate. This variance extension is granted to the City of San Rafael subject to the following conditions: (1) The City of San Rafael shall continue to operate the PHHWCF under all of the conditions specified in the October 18, 1993 Variance and the September, 1993 MRRA Operations Plan, incorporated herein by reference, until the date that the Department makes the final determination about issuance of a Standardized Permit for the PHHWCF to the City of San Rafael. (2) The City of San Rafael shall be allowed to continue accepting hazardous waste produced from local small quantity commercial sources who generate 100 kilograms or less per each calendar month. (3) The City of San Rafael shall submit a Standardized Permit application to the Department within 90 days from the date of receipt of this letter and shall promptly supply any additional permit information requested by the Department. The City of San Rafael may use the attached draft model application as an example. If you have any questions concerning this variance, please contact Lorna G. Kirby at (916) 324-2431. Sincerely, Watson Gin, P.E., Chief Permitting Division Certified # P 833 783 754 Attachment CITY OF SAN RAFAEL PHHWCF VARIANCE EXTENSION Page 3 cc: Lester Kaufman Department of Toxic Substances Control 700 Heinz Avenue, Suite 200 Berkeley, CA 94710 Rick Robison Department of Toxic Substances Control 700 Heinz Avenue, Suite 200 Berkeley, CA 94710 STATE OF CALIFORNIA — ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL REGION 2 700 HEINZ AVE., SUITE 200 BERKELEY, CA 94710-2737 October 18, 1993 _3 Mr. Forest Craig Hazardous Materials Coordinator L; City of San Rafael Fire Department 1039 "C" Street San Rafael, California 94901 Dear Mr. Craig: PETE WILSON, Governor PERMIT VARIANCE - PERMANENT COLLECTION OF HOUSEHOLD HAZARDOUS WASTE FOR THE CITY OF SAN RAFAEL - EPA ID NO CAH 111 000 128. On October 5, 1993, the City of San Rafael (CSR) applied to the Department for a variance from the Hazardous Waste Facility Permit requirements codified in chapters 20 and 21, title 22, California Code of Regulations (Cal. Code Regs.) for collection of household hazardous waste (HHW). Specifically, you requested a variance for the operation of a permanent facility for the collection of waste generated by residents of the County of Marin. A review of your application indicated the following: 1. Forest Craig of the CSR Fire Department, telephone number (415) 485-3308, or designee will assume the role of generator and collection program sponsor. 2. Marin Recycling and Recovery Assn. (MRRA), under contract with the CSR, will manage the HHW program. 3. Patricia Garbarino of MRRA, telephone number (415) 485- 5648, or designee will collect, sort, manifest and package the waste brought the site, in environmentally safe and appropriately labeled containers in accordance with the Department of Transportation (DOT) standards. 4. The collection facility will be located at the MRRA facility at 535 Jacoby Street, San Rafael, California. 5. Operation may occur seven (7) days a week, between 7:00 am and 7:00 pm. 6. The facility will accept only HHW and conditionally exempt small quantity generator waste (CESQG.) 7. All hazardous waste activities will be under the direct control of the CSR or designee. m EXHIBIT B-2 4p wor vr. ado Pecwtee Pjr ' Mr. Forest Craig October 18, 1993 Page Two Pursuant to section 25143 of the California Health and Safety Code and section 66260.210, title 22, Cal. Code Regs. you are hereby granted a variance from the hazardous waste facility Code Regs. We find that the hazardous waste or the hazardous waste management activity is insignificant or unimportant as a. potential hazard to human health and the environment, provided the wastes are managed as stated in both this variance and your application. This variance shall remain valid only if the following conditions are met. 1. Hazardous waste shall only be accepted from households and CESQGs that meet the criteria codified in Section 25258.1 of the California Health and Safety Code. 2. CESQG waste shall be accepted at a receiving area separate from the receiving area for HHW, or CESQG waste shall be accepted at different hours than HHW acceptance. 3. CSR may consolidate abandoned waste and loadchecking waste found in the adjacent Marin Sanitary Service's Transfer Station, if the waste meets the definition of HHW as identified in your application. Any abandoned and loadchecking waste that meets the HHW definition, as indicated in your application of September 1993, can be managed in your HHW program as long as any one waste is not greater than 5 gallons or 50 pounds. Any other waste that does not meet the HHW definition shall be managed accordingly. 4. This variance grants CSR approval for waste collection at the location listed above. 5. Only trained personnel from the collection facility shall remove waste from participant's vehicle and manage it thereafter. 6. Extremely hazardous waste shall be manifested and labeled separately. 7. Forest Craig or designee shall sign all hazardous waste manifests. 8. All incompatible wastes shall be packed separately and labeled properly. 9. With the exception of the dioxin precursors which can be stored up to six months, no hazardous waste or extremely hazardous waste shall be stored longer than 90 days. Mr.. Forest Craig October 18, 1993 Page Three 10. Waste storage at any one time, including recyclable wastes, is limited to a total capacity of 2,815 gallons. 11. CSR may choose not to accept any classification of waste (such as but not limited to compressed gas cylinders, explosives, infectious or radioactive waste). If wastes are accepted which, in addition to being regulated as hazardous wastes, are otherwise regulated, they must be managed in accordance with the regulations of all appropriate federal, state and local agencies. 12. Hazardous waste bulking at the facility shall be in accordance with your application and is limited to the following wastes: - Antifreeze - Latex paint - Oil Based Paint * Paint products, thinners, solvents and paint strippers * Degreasing solvents * Oil and gasoline related products * Polymer resins containing * Flammable solids * Other household solvents * Further description of these wastes is found in the operation plan of September 1993. 13. CSR shall maintain financial responsibility for closure assurance and financial coverage as indicated in the enclosed Attachment 1: Financial Responsibility Information Sheet for Standardized Permit Facilities. CSR shall submit proof of such insurance to the Department at least 10 calendar days prior to commencement of waste collection. Failure to meet this condition will render this variance invalid. The Department shall be notified 30 calendar days prior to expiration or cancellation of any insurance policy used to meet this requirement. 14. This variance and all other documents pertinent to the operation of this facility shall be kept at the facility at all times. 15. All records, pertinent to this operation, and waste management areas at the Facility must be made available for inspection upon request by representatives of the Department or designee. Mr. Forest Craig October 18, 1993 Page Four 16. CSR shall follow the operational procedures outlined in its application. For the purpose of this variance, CSR's application will consist of the operation and contingency plans submitted by MRRA on June 1993 and the addendums of September 1993 and October 1993 and any other pertinent documentation, requested by the Department thereafter. 17. CSR shall submit to the Department a Professional Engineer (PE) Certification pursuant to articles 9 and 10 of title 22, Cal. Code Regs. at least 10 calendar days prior to commencement of waste collection. 18. CSR shall submit to the Department a closure plan pursuant to Article 7 of Title 22, CCR at least 10 calendar days prior to commencement of waste collection. This variance shall expire one year from the date of issuance or when this facility becomes eligible for the Tiered Permitting, Standardized Permit process, whichever is sooner. CSR shall immediately comply with the applicable Standardized Permit conditions upon request. This variance is valid only for the location identified as phase 1, in your application of October 5, 1993, and for the storage capacity of 2815 gallons. Any changes to this variance and/or to your HHW program requires the Department's approval prior to implementation. This variance does not relieve CSR from any requirements as a generator or transporter of hazardous wastes. This variance may be amended or revoked by the Department at any time. The conditions of this variance will be revaluated periodically by the Department and modified if necessary during the life of the facility. If you have any questions regarding this issue, please call Guillermo Montes at (510) 540-3955. Sincerely, Charlene F. Williams Acting Chief Facility Permitting Branch Enclosure cc: See next page Mr. Forest Craig October 18, 1993 Page Five cc: Ms. Patricia Garbarino Compliance and Public Policy Marin Recycling and Recovery Assn. 535 Jacoby Street San Rafael, California 94901 Ms. Judy Frantz DTSC/Region 1 10151 Croydon Way, Suite 3 Sacramento, California 95827 Ms. Suzanne Talams CIWMB - Permitting Branch 8800 Cal Center Drive Sacramento, California 95826 Ms. Dee Johnson Deputy County Administrator 3501 Civic Center Drive, Room 403 San Rafael, California 94903 STATE,OF CALIFORNIA—ENVIRONMENTAL PROT[ N AGENCY PETE WILSON. Governor DEMATMENT OF TOXIC SUBSTANCES CONTROL 400 P Street. 4th Floor P.O. Fox 806 Sacramento, CA 95812-0806 FINANCIAL RESPONSIBILITY INFORMATION SHEET: STANDARDIZED PERMIT FACILITIES BACXGROVND: Each facility- treating or storing hazardous waste must provide financial responsibility (Health & Safety Code Section 25200.1 and California Code of Regulations, Title 22, Chapter 15, Article 8). Financial responsibility consists of both of the following: Closure Assurance. The facility owner or operator must prepare a closure cost estimate that covers the costs of closing and cleaning up the facility at the point in the life of the facility when closure would be the most expensive. The closure cost estimate must be based on the presumption that a third party would be hired to perform the closure activities and may not include any salvage value of wastes or equipment. The owner or operator must then establish and demonstrate to the Department some form of financial assurance that covers this cost. The closure cost estimate must be adjusted annually for inflation and whenever a revision to the closure plan increases the cost of closure. Liability Coverage. The facility owner or operator must establish and demonstrate liability coverage for bodily injury and property damage to third parties caused by sudden accidental occurrences at the facility. The Department has determined that reduced levels of liability coverage (reduced from the full -permit level of $1 million per occurrence/$2 million annual aggregate) are appropriate for the smaller size Series B, C and Small -Quantity C facilities (Section 67800.5). The following liability coverage amounts must be demonstrated for each facility owned or operated: Series A $1 million per occurrence/$2 million annual aggregate Series B $500,000 per occurrence/$1 million annual aggregate Series C $300,000 per occurrence/$600,000 annual aggregate Sml Qnty C $100,000 per occurrence/$200,000 annual aggregate. NECHANISMS: Owners or operators may use any combination of mechanisms to provide financial responsibility. The mechanisms available are listed and 40001, explained in detail in Californ}',a�Code of Regulations, Title 22, Sections 66265.143 (Closure) and 66265.1114U (Liability). The mechanisms available are as follows: Ip * Trust Fund * Letter of Credit * Closure/Liability Insurance * Alternative Mechanisms * Surety Bond/Payment Bond * Financial Test * Self -Insurance (public agency liability for HHW programs ONLY) FOR ADDITIONAL INFORMATION, FORMS AND ASSISTANCE: Each of the Department's Regional Offices has one or more Financial Responsibility analysts available - Region 1 Debbie McDowell (916) 255-3603 Region 2 Marvel Bradshaw (510) 540-3893 Region 3 Cecilia Rosana (818) 551-2939 Yasser Aref (818) 551-2942 Region 4 Joyce Haire (310) 590-5930 Mi STANDARDIZED PERMIT SERIES DETERMINATION A, B, C and SMALL QUANTITY C for PHHACFs Determine the total volume of hazardous waste treated per month and/or the total storage design capacity under the Standardized Permit authorization at this facility. Please check the box that indicates the highest volume of hazardous waste managed. SERIES A B C SMALL QUANTITY C TOTAL MONTHLY TREATMENT VOLUME Greater than 50,000 gallons. Greater than 100,000 pounds Greater than 5,000 gallons and less than 50,000 gallons. Greater than 10,000 pounds and less than 100,000 pounds Less than 5,000 gallons. Less than 10,000 pounds Less than 1,500 gallons. Less than 3,000 pounds .- TOTAL FACILITY STORAGE CHECK DESIGN CAPACITY ONE Greater than 500,000 gallons. Greater than 500 tons Greater than 50,000 gallons and less than 500,000 gallons. Greater than 100,000 pounds and less than - 500 tons Less than 50,000 gallons. Less than 100,000 pounds Less than 15,000 gallons. Less than 30,000 pounds GALLONS - LIQUID HAZARDOUS WASTE POUNDS/TONS - SOLID HAZARDOUS WASTE Facility Name I.D. Number A411-F-4/1t"e CRRTIFIG MB DTE (MMI T 4F INSURANCE l MCSR 95 PRnjUCER THIS CERTIFICATE ID ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Minto & Wilkie Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box '- 50990 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Rafael CA 94915-0990HMM10- 00MPANIES AFFORDING COVERAGE 0 John H. Rickards Ext. 23 COMPANY 415-453-0610 A California Insurance Company INSURED COMPANY B California Compensation Ins. Marin Sanitary Service & r]G Marin Recycling & Resourse COMPANY Recovery Association I C Fireman's Fund Insurance Co. 0 f 995-1 P.O.BOx 10067 JUL San Rafael CA 94912 I COMPANY D 0100 mr-PT COVERAGES CITY OF SM FV.F kEL THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATIOLIM LTR DATE (MM/DD/YY) DATE (MM/DD/YY) N GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 A Y COMMERCIAL GENERAL LIABILITY TR9133658 07/01/95 07/01/96 I PRODUCTS - COMP/OP AGG S 1,000,000 CLAIMS MADE Y]OCCUR PERSONAL &ADV INJURY S 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) S 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 A Y ANY AUTO TR9133658 07/01/95 07/01/96 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) A Y HIRED AUTOS BODILY INJURY S A Y NON-OWNED AUTOS (Per=idem) PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER C Property n INCL W957121688 nEXCL MXX80624400 DESCRIPTION OF OPERATIONS/LOCATIONS/VEIBCLES/SPECIAL ITEMS Re: Household hazardous waste for the City of San Rafael The certificate holder is additional insured per CG2010 attached AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE $ (AGGREGATE S I S Y I STATUTORY LIMITS EACH ACCIDENT S -1,000,000 07/01/95 07/01/96 I DISEASE -POLICY LIMIT S 1,000,000 DISEASE -EACH EMPLOYEE S 1,000,000 07/01/95 07/01/96 Spec Form Varipus CERTIFICATE HOLDER CANCELLATION SANRAC2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of San Rafael, its 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, officers, agents & employees BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Forrest Craig OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1039 C Street San Rafael CA 94901 AUTHORWEDENTATIVE ACORD Z5 -S (3/93) � VX ACORD CORPORATION 1993 POLICY NUMBER TR9133658 LIABILITY COMMERCIAL GENERAL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS. LESSEES OR CONTRACTORS - FORM B This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Rafael, its officers, agents & employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 OPERATING SCHEDULE Company may operate facility, open to the public, two days per calendar week during the hours of 8:00 a.m. to 3:00 p.m., in accordance with the provisions and conditions specified in the approved "Operations Plan - Facility Manual" and the permit variance referenced herein as Exhibit 'B". Company shall provide written notice to city and service area at least 30 days prior to any intended change in the day(s) of operation. Any change or intended change in the operating schedule must receive prior approval from City. EXHIBIT "C"