Dear Business Owner,
As your fire department, it is of the utmost importance to monitor and actively participate in changing legislation that effect our local businesses, specifically, legislation that governs the management of hazardous materials and hazardous waste.
Senate Bill 1082 (Calderon) signed into law by Governor Pete Wilson in 1993, requires the Secretary of the California Environmental Protection Agency to establish a "unified hazardous waste and hazardous material's management regulatory program" (Unified Program) by January 1, 1997. The Unified Program consolidates and coordinates the following six programs:
All fire agencies throughout California were given the opportunity to apply to Cal EPA as a Certified Unified Program Agency (CUPA) taking on the responsibility for all of the above programs or apply as a Participating Agency (PA) assuming responsibility for programs already in existence within the jurisdiction. The decision to become a CUPA or a PA is primarily based on the level of expertise and staffing levels within each jurisdiction. Based on this criterion, the Downey Fire Department, with Council approval, entered into an agreement with Los Angeles County as a PA to maintain our current Hazardous Materials Release Response Plans and Inventories, Risk Management and Prevention Programs (RMPP) and Uniform Fire Code Hazardous Material Management Plans and Inventories. Per this agreement, the County will continue to administer the Aboveground / Underground Tank Programs and the Hazardous Waste Generators and Hazardous Waste Onsite Treatment Program.
This new legislation, signed by the Governor, is intended to eliminate "overlapping" regulation which has been a point of contention with most businesses throughout California in past years. In general, there should be no significant changes in how our department will be managing hazardous material's facilities within the City.
Changes that should be expected when SB1082 is implemented will primarily be found in the billing and permit filing process. Commencing June 1 but no later than JuIy 3O, l997, the Los Angeles County Fire Department's Health Hazardous Materials Division will be assuming all billing operations and will be forwarding a "Single Fee" billing statement to each reporting Downey business. This statement will include all previously invoiced county program fees (i.e., underground tank, aboveground tank and hazardous waste), an annual $18.50 State "program oversight" surcharge per business and Downey's annual hazardous materials disclosure fees.
In an effort to soften the impact of the State surcharge on local reporting businesses, there have been no increases in Downey's disclosure fee. To further assist business in making this transition, the Downey Fire Department's annual disclosure billing mailed on January 1, 1997 will be prorated to accommodate the County's fiscal billing system (July 1 through June 30). As an example, if you are a business owner reporting two chemicals, your annual disclosure fee is $135.00. Therefore, the prorated fee reflected on your January 1 invoice will be $67.50.
Commencing June 1 but no later than July 30, 1997, you will receive your first invoice from L.A. County reflecting the full Downey disclosure fee for the number of chemicals you are reporting and all applicable County and State fees.
At this time you will also be receiving a "consolidated permit packet" from the County, which will incorporate all of the forms required for each of the six programs. The annual Downey Disclosure Packet or a similar County Disclosure Packet will be part of this "consolidated packet" and will no longer be mailed separately as it has in the past. Once received, the Downey disclosure forms must be completed and returned to the Downey Fire Department. All County forms are to be returned to the County. Again, being sensitive to the needs of our community, and the success of this new program, the Downey Fire Department will utilize whatever forms necessary to meet the needs of both business, the County and ultimately the California Environmental Protection Agency.
The final element of this "consolidated program" will include a "unified inspection and enforcement program" between the County and Downey. In order to avoid redundancy in the hazardous materials inspection process, which can be extremely frustrating to local business, we will do our best to coordinate and schedule our inspections with the County inspectors prior to visiting our local reporting businesses.
The Downey Fire Department is dedicated to serving and protecting all within our community. It is our goal to assist business in making this transition with minimal impact and at the same time continue to provide a high level of safety to our residents when managing hazardous materials. Your continued support in helping us implement SB1082 will be greatly appreciated.
If you should have further questions regarding this program please contact Robert Rowe, Deputy Fire Marshal, Downey Fire Department at 562.904.7348.