HomeMy WebLinkAboutStaff Report 2.D 02/04/2008CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title:
Resolution Authorizing Execution of Agreement with the State of California to
Apply for and Use Grant Funds to Implement the Transfer of Responsibility for
the Implementation, Enforcement, and Administration of the Aboveground
Petroleum Storage Act (APSA) from the State Water Resources Control Board
(SWRCB) to the Petaluma Fire Department, Fire Prevention Bureau - Certified
Unified Program Agency (CUPA)
2.D
February 4, 2008
Meeting Date: 2/4/08
Meetine Time: ® 3:00 PM
❑ 7:00 PM
Category: ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Department: Contact Person:
Firehri Michael Ginn
F Fire Marshal
Cost of ProDosal: Grant amount $48,246.73 (should be sufficient to
implementation of program)
Amount Budeeted: N/A
Phone Number:
778-4389
fond Account Number:
5000-5030
Name of Fund:
(Hazardous Materials Budget)
Attachments to Agenda Packet Item:
1. Resolution authorizing application for and execution of the State ASPA Grant
2. "Fact Sheet" from Cal -EPA overviewing the main elements of the program.
Summary Statement:
Assembly Bill 1130 (Laird), Aboveground Petroleum Storage Act (Chaptered October 13, 2007) transfers the responsibility
for the implementation, enforcement, and administration of the Aboveground Petroleum Storage Act (APSA) from the State
Water Resources Control Board (SWRCB) to the Fire Prevention Bureau, Petaluma Fire Department (Certified Unified
Program Agency (CUPA)). The bill allocates funds, in the form of a grant, from the State Environmental Protection Trust
Fund (EPTF) managed by CAL -EPA, to each CUPA (Petaluma FD) to assume the responsibility for implementation,
enforcement, and administration of the APSA. This is a state mandated program. Based on the number of aboveground
petroleum tanks located within the city limits, CAL -EPA has determined that the PFD will be allocated $48,246.73. These
funds are designed to support the implementation of the program until January 1, 2010; at which time the fire department
can begin to charge fees to recover the cost of managing the program thereafter. The funding appears to be sufficient to
initiate implementation, administration and the training necessary to take the program over from the SWRCB in 2010.
Recommended Citv Council Action/Suggested Motion:
Authorize a resolution directing the City Manager to submit and sign the grant to receive funding and allow the
Fire Department to initiate implementation of the program.
Reviewed by Admin. Svcs..Dir: Reviewed by City Attornev: Aunroved b City Manager:
Date: ((-1-4- 11 `� Date: Date:(� 1 j10,; '
Rev. # 1 Date Last Revised: 1/22/08 I File:
S:\Fire Prevention\CUPA\APSA\Agenda Grant 2008.doc
CITY OF PETALUMA, CALIFORNIA
2/4/2008
AGENDA REPORT
FOR
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF
CALIFORNIA TO APPLY FOR AND USE GRANT FUNDS TO IMPLEMENT THE
TRANSFER OF RESPONSIBILITY FOR THE IMPLEMENTATION, ENFORCEMENT AND
ADMINISTRATION OF THE ABOVEGROUND PETROLEUM STORAGE ACT (APSA)
FROM THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) TO THE
PETALUMA FIRE DEPARTMENT, FIRE PREVENTION BUREAU — CERTIFIED UNIFIED
PROGRAM AGENCY (CUPA)
EXECUTIVE SUMMARY:
Assembly Bill 1130 (Laird), Aboveground Petroleum Storage Act (Chaptered October
13, '2007) transfers the responsibility for the implementation, enforcement, and
administration of the Aboveground Petroleum Storage Act (APSA) from the State Water
Resources Control Board (SWRCB) to the Fire Prevention Bureau, Petaluma Fire
Department (Certified Unified Program Agency (CUPA)). The bill allocates funds, in the
form of a grant, from the State Environmental Protection Trust Fund (EPTF) managed by
CAL -EPA, to each CUPA (Petaluma FD) to assume the responsibility for
implementation, enforcement, and administration of the APSA. These funds
($48,246.73) are designed to support the implementation of the program until January 1,
2010 at which time the fire department can begin to charge fees to recover the cost of
managing the program thereafter. The funding appears to be sufficient to initiate
implementation, administration and the training necessary to take the program over from
the SWRCB in 2010.
2. BACKGROUND:
Previous state law required the owners of tank facilities to submit a Spill Prevention
Control and Countermeasure (SPCC) Plan to the SWRCB and the Regional Water
Quality Control Board (RWQCB) to administer the program with regard to a tank facility
that is subject to specified federal regulations. The Fire Prevention Bureau, during
routine compliance inspections conducted at tank facilities, was required to verify that an
SPCC plan has been prepared. If an SPCC plan had not been prepared, the CUPAs were
required to submit a referral to the appropriate RWQCB for enforcement.
The responsibility for administration and enforcement of the SPCC plans will now rest
with the Fire Prevention Bureau.
3. ALTERNATIVES:
There are no alternatives. This is a state mandated program that the CUPAs are required
to implement.
4. FINANCIAL IMPACTS:
Financial impacts will be minimal because the APSA grant will offset the cost of
implementation and training via the grant allotment. Commencing January 2010, the Fire
Prevention Bureau will be authorized to charge the appropriate fees to manage the
program.
Initially, implementation of this program will have an impact on current work loads for
fire inspection staff. However, the facilities where the tanks are located are currently
inspected by PFD personnel. The additional inspection/enforcement element of the
program will amount to a 5-10% increase in work load initially to evaluate the
effectiveness of the facilities' compliance with the provisions of the SPCC Plan; but
should stabilize in subsequent years once compliance is achieved. The subsequent
inspections cycles will amount to "maintenance" type inspections to assure the facility
remains in substantial conformance with the regulations. The increase in work load will
be augmented by hiring part-time fire inspector(s) to support full-time inspection staff.
The costs associated with the increase in part-time inspectors will be built into the 07/08
FY budget. These expenses will be offset by the grant funds and then in 2010 offset by
the fees that will be built into the current invoicing for each facility's hazards materials
inspection.
5. CONCLUSION:
Once the Council approves the accompanying resolution, the Fire Department will
prepare the grant application and commence implementation of the program based on the
specifics noted in the regulation.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION'
1. Complete grant application and submit to CAL -EPA.
2. Begin implementation of the program elements for incorporating SPCC plans and
inspections into the existing hazardous materials inspection plan cycles.
3. Establish budget and expenditure tracking to correspond to the requirements of
the grant.
4. Provide training to management, administrative support, and inspection staff to
implement the program.
7. RECOMMENDATION:
Authorize application for the grant and execution of it by the City Manager.
N
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF
CALIFORNIA TO APPLY FOR AND USE GRANT FUNDS TO IMPLEMENT THE
TRANSFER OF RESPONSIBILITY FOR THE IMPLEMENTATION, ENFORCEMENT AND
ADMINISTRATION OF THE ABOVEGROUND PETROLEUM STORAGE ACT (APSA)
FROM THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) TO THE
PETALUMA FIRE DEPARTMENT, FIRE PREVENTION BUREAU — CERTIFIED UNIFIED
PROGRAM AGENCY (CUPA)
WHEREAS, A.B. 1130, effective January 1, 2008, transferred responsibility for
inspection, administration and enforcement of the APSA from the SWRCB to local Certified
Unified Program Agencies, including the Petaluma Fire Department, Fire Prevention Bureau
(CUPA), and made available grant funds to CUPAs to implement and administer the program;
and
WHEREAS the Petaluma Fire Department, Fire Prevention Bureau (Certified Unified
Program Agency — (CUPA)), shall use the grant funds made available pursuant to California
Health and Safety Code, Section 25270.11, and per the grant agreement and any amendment(s),
with the California Environmental Protection Agency to implement the requirements of the
Aboveground Petroleum Storage Tank Act;
THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
hereby authorizes the Petaluma Fire Department, Fire Prevention Bureau (CUPA) to apply for
grant funds to implement and administer the local CUPA program pursuant to State law and
further authorizes the City Manager to execute and amend the grant agreements with the
California Environmental Protection Agency, verify that invoices are accurate and certify that
the CUPA is in compliance with all applicable laws and regulations.
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