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Consider introducing an ordinance to repeal Chapter 13.5 of the Solano County Code concerning Underground Storage of Hazardous Substances
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Published Notice Required? Yes ___ No x
Public Hearing Required? Yes ___ No x
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Consider introducing an ordinance to repeal Chapter 13.5 of the Solano County Code concerning Underground Storage of Hazardous Substances; and
2. Read the proposed ordinance by title only and waive further reading of the ordinance.
SUMMARY:
The Department of Resource Management (Department) implements Solano County Code Chapter 13.5 as it pertains to underground storage of hazardous substances. This section was adopted by the Board of Supervisors on or about 1992. This Code has been completely superseded by State legislation over the years since adoption, through amendments to Chapter 6.7 of Division 20 of the California Health & Safety Code §25280 et seq. and the regulations promulgated under their authority concerning Underground Storage of Hazardous Substances. Therefore, the Department recommends that the entirety of Chapter 13.5 should be repealed.
FINANCIAL IMPACT:
The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2024/25 Working Budget. There is no financial impact anticipated by this action.
DISCUSSION:
When it was adopted on or about 1992, Chapter 13.5 contained additional requirements to those found in State law, which have since been incorporated. The hazardous materials section of Solano County’s Environmental Health Division of the Department of Resource Management, as a Certified Unified Program Agency (CUPA) which has been certified by the California Department of Environmental Protection (CalEPA), regulates and enforces the local hazardous materials programs. Over time, the Legislature, through the guidance of the State Water Resources Control Board (Water Board), the lead agency under whose authority the Solano County CUPA operates the local Underground Storage of Hazardous Substances program, has made the statutory requirements more robust and consistent with local regulations. Also, the Water Board has promulgated regulations related to the Underground Storage of hazardous materials. These legislative actions have rendered Chapter 13.5 completely obsolete. At the CUPA’s last audit in 2023, State agencies pointed out this redundancy and requested cleanup of the Solano County Code be conducted by repealing Chapter 13.5.
Staff will return on October 22, 2024 for adoption of the ordinance to repeal Solano County Code Chapter 13.5.
ALTERNATIVES:
There is no other legally sound alternative. Chapter 13.5 is currently not effective as it is superseded by State law. Not repealing the Chapter could result in public confusion and a deficiency in the CUPA’s next triennial audit.
OTHER AGENCY INVOLVEMENT:
As discussed, this action was recommended by the CUPA’s audit team which includes the State Water Resources Control Board and CalEPA. County Counsel concurs with this action and has drafted the ordinance.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION