HomeMy WebLinkAboutResolution No. 6437 (JPA Hazardous Materials Spills Mgmt)RESOLUTION NO. 6437
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
Joint Powers Agreement For Hazardous Materials Spills Management
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the City Council of said
City held on Monday the first day of November ,
19 82 , by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Mayor Mulryan
J NE M. LEONCINI, City Clerk
31
jj-
c� �
JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS SPILLS MANAGEMENT'
THIS AGREEMENT, made and entered into this firstday of November ,
1982, by and between the following public agencies: Cities of Novato, San Rafael, San
Anselmo, Fairfax, Ross, Mill Valley, Belvedere, Tiburon, Sausalito, Corte Madera, and
Larkspur; County of Marin; California Highway Patrol; Alto -Richardson Bay Fire
District; Bolinas Fire Protection District; Inverness Public Utility District; Kentfield
Fire District; Novato Fire District; Tamalpais Fire District; Tiburon Fire District; Sleepy
Hollow Fire District; Stinson Beach Fire District; Ross Valley Fire Service, and
Marinwood Community Services District.
DFr`TTAT C
This agreement is predicated upon the following facts:
1. The parties are public corporations or entities organized and operating
under laws of the State of California.
2. The parties are responsible for maintenance of public safety and/or fire
protection within their respective jurisdictions within the County of Marin, State of
California.
3. Sections 6500 through 6515 inclusive of the Government Code permit
two or more public agencies to generally exercise under an agreement any power which is
common to each of them.
4. Each of the parties desires to enter into an agreement with each of the
other parties for the purposes of coordinating management of hazardous materials spills,
establishing a formula for financing joint expenses for such management, and defining
signatory agency responsibilities.
NOW, THEREFORE, in consideration of mutual benefits, covenants, and
agreements set forth herein, the parties agree as follows:
�
.�
u
SECTION 1. Authority and Purpose
A. This agreement is made under the authority of Sections 6500 through
6515 inclusive of the Government Code among the signatory agencies.
B. The purpose of this agreement is to establish a specially trained
capability for the expeditious and economical response to hazardous materials spills on
public and private property within the signatories' jurisdictions.
C. The two components of this specialized response capability shall be (1) a
designated unit of the San Rafael Fire Department which shall assist in the suppression
of hazards created by spills which exceed the capability of the police jurisdiction having
primary responsibility, and (2) a designated unit of the County which shall provide expert
consultation on identifying and managing hazardous materials spills and shall enforce
applicable health laws and regulations regarding such spills.
SECTION 2. Term of Agreement
This agreement becomes effective upon its execution by all the parties
hereto and shall be effective for a period of ten (10) years therefrom, provided that a
signatory agency may withdraw upon ninety (90) days' written notice to all of the then
parties.
SECTION 3. Definition of Hazardous Materials Spills
A hazardous materials spill means an incident which threatens public health
or safety involving the unsafe release of a hazardous substance or hazardous waste as
defined below. A hazardous substance or hazardous waste means any substance or
product for which the manufacturer or producer is required to produce a material safety
data sheet prepared pursuant to Section 6390 of the California Labor Code or pursuant to
the regulations of the Occupational Safety and Health Administration of the U. S.
Department of Labor, or pursuant to the Hazardous Substance Information and Training
Act (commencing with Section 6360, Chapter 2.5, part 1 of Division 5 of the California
Labor Code), or pursuant to any applicable State or Federal law or regulation; any
2
substance or product which is listed as a radioactive material set forth in Chapter 1, Title
10, Appendix B, maintained and updated by the Nuclear Regulatory Commission; or any
substance or product defined as hazardous or extremely hazardous waste by Sections
25115 and 25117 of the California Health and Safety Code and set forth in Sections 66680
and 66685 of Title 22 of the California Administrative Code. Release means any spilling,
leaking, pumping, pouring, emitting, emptying, discharging, ejecting, escaping, leaching,
dumping, or disposition into the environment. Any material may be added to the list of
hazardous materials set forth by applicable State or Federal law or regulation upon a
finding by the County Health Officer that it is a material which, because of its quantity,
concentration, physical, or chemical characteristics, poses significant present or
potential danger to human health and safety or to the environment if released into the
community.
SECTION 4. Operational Responsibilities
A. As soon as practical upon determing that a hazardous material spill
has occurred, the public safety unit first arriving on the scene shall:
1. Immediately isolate the scene to keep the substance from
dispersing any further and to protect people and/or livestock in the general vicinity.
2. Notify County Communications of the location of the incident and
affected area, the type of incident (traffic accident, pipe breakage, etc.), the type of
hazardous material or the characteristics of the material if its type is unknown, safe and
unsafe routes to the scene, and a request to have the San Rafael Fire Department and
County Hazardous Materials Response Units immediately advised.
B. Upon notification of a hazardous material spill, County
Communications will arrange for the dispatch of the special hazardous materials
response units operated by the San Rafael Fire Department and the County, and such
other resources as the protocol indicates of the jurisdiction in which the spill occurs.
(The California Highway Patrol has jurisdiction over State highways.)
3 %�'-e
C. For each incident, command responsibility shall be delegated
according to applicable State law. Where State law does not designate responsibility,
each signatory city and the County shall specify command authority for incidents within
its jurisdiction. The incident commander may request additional assistance as he deems
necessary to restore public health and safety.
D. After an incident is under control, as determined by the incident
commander, the following clean-up protocol shall be followed. First, a reasonable
attempt shall be made to give the person(s) responsible for the incident adequate notice
and opportunity to remove the hazardous substance. If, in the judgment of the incident
commander, such opportunity has been adequately provided, considering the conditions,
he may authorize such additional clean-up as he deems appropriate. It is expected that
such additional clean-up operations would be provided by (1) the city public works
department in which -the incident occurred, (2) County Public Works for incidents in the
unincorporated area, or (3) Caltrans on a State highway. The incident commander may
authoriLe such other clean-up arrangements as he deems appropriate for the restoration
of public health, safety and nuisance abatement. Clean-up of private property beyond
these requirements shall be the responsibility of the property owner under the auspices of
the County Health Officer.
E. Signatory agencies shall cooperate with such incident protocols as this
agreement may require.
SECTION 5. Resource Inventory
The signatory agencies agree to study the feasibility of ordinances
requiring disclosure of major storage locations and uses of hazardous material in their
jurisdictions, the enforcement of such ordinances, and the provision of such information
as may be required by the San Rafael Fire Department and County Hazardous Materials
Response Units.
4
SECTION 6. Financing
A. The principles for allocating cost responsibility for hazardous material
spill management shall be:
1. Primary responsibility for all extraordinary costs related to such an
incident rests with the person(s) responsible for the spill.
2. The State of California is not liable for any such costs unless one
of its officers, employees, or agents is a person described in Section 6 (A) 1 above; or
unless the costs are associated with a spill for which a disaster is declared.
3. The signatory agencies shall share the start-up costs for operating
the San Rafael Fire Department and County Health Hazardous Materials Response Units
as defined below.
4. To the extent that signatory agencies are not reimbursed for
extraordinary costs of managing an incident or its clean-up, the costs shall be the
liability of the jurisdiction in which the spill occurred, except that such liability shall not
include any overtime or supplies expenses incurred by another signatory agency acting in
a role of mutual aid.
B. For the year 1982-83, start-up costs of $14,243 for specially equipping a
San Rafael Fire Department vehicle and the response teams of that fire department and
the County will be shared by the signatory agencies as follows:
Jurisdiction
County
Novato
Novato Fire District
Mill Valley
San Anselmo
Larkspur
Corte Madera
Fairfax
Sausalito
Tiburon
Tiburon Fire District
Percent Population Cash Share
36
$5,127-
25
1,781
-
1,780
7
997
7
997
6
855
5
712
4
570
4
570
4
285
-
285
5
'9Vve
Belvedere 1 142
Ross 1 142
100% $14,243
In addition, the County has allocated approximately $18,000 for specially
equipping the County unit.
C. Normal annual operating costs of the San Rafael Fire Department and
County Hazardous Materials Units will be borne by those respective agencies.
D. San Rafael will be the fiduciary agent and owner of all assets related to
this joint powers agreement, except those provided by the County.
SECTION 7. Amendment
This agreement may be amended by resolution of the governing boards of
two-thirds (2/3) of the then signatory parties.
IN WITNESS WHEREOF, the parties have executed this joint powers
agreement as of the day and year first above written.
ATTEST:
City Clerk
M A -T-
City Attorney
6
AGENCY
M
Acting Mayo,& Fred Jensen
SU-IQr, .RY OF COSTS
Personnel Protection Equipment $ 2,020.00
Detection Equipment (County Health) O*
Tools and Equ-ipment 2,473.00
Co=m nications Equipment 3,700,00
Sbsorbants and Neutralizers 1,050.00
Vehicle
- Cab and Chassis
- 14 Ft. Van Body, painted and installed 5,000,00
Total Start -Up Costs $14,243.00
*Eauipment available or bein{ acquired. (County Health) G-j,IL-10-0*+P ovided by San Rafael Fire Department. , ���trot).
'
e