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Hazardous Materials Element

Sacramento County General Plan
Hazardous Materials Element

Section titled “Sacramento County General Plan Hazardous Materials Element”

Adopted June 25, 1997
Amended November 9, 2011 & September 26, 2017

The County’s involvement in hazardous materials management is intended to minimize the impact of hazardous materials on human health and the environment. An increasing body of evidence links exposure to certain chemicals to long-term human health impacts. In a number of areas in California, water supplies have been contaminated beyond drinking water standards. Sacramento County has not been immune from these problems. Therefore, measures must be taken to manage hazardous materials and prevent more incidents from occurring in the future. Furthermore, hazardous materials handling practices and management techniques are continually evolving. As a result, Planning and Environmental staff has made every effort to use up-to-date information in formulating the policies contained in this Element. Also, although many of the policies call for expanded local government involvement in hazardous materials regulation and enforcement, funded through fees and fines, the primary focus of the implementation strategies is to maximize the use of existing expertise within County agencies and minimize the need for extensive retraining for new programs.

County-wide public awareness of all available hazardous material informational and disposal programs.

Many problems concerning hazardous materials do not stem from malice or intentional misuse. Rather, they are the result of avoidable accidents, poor information, misunderstanding, or ignorance of the ever changing hazardous materials management technologies and governmental regulations. The development of effective hazardous materials programs is a process which cannot be conducted in isolation within the various public agencies. Furthermore, given the potential long-term ramifications that can result from ineffective management techniques the general public has a vested interest. Therefore, it would be beneficial to those in the industry, the regulatory agencies, and the general public to conduct annual updates of the educational/informational programs which outline the various services and expertise that are available through local, state and federal agencies. Practical examples of this cooperative approach are the consolidation and settlement agreement programs, which are administered by the Environmental Management Department.

Work with industry, community groups, and government agencies to develop effective, workable, and equitable hazardous materials regulations and provide information to the general public and interested parties on technical and administrative developments in the field of hazardous materials management.

  1. Continue to utilize existing educational and outreach programs in an effort to disseminate information to the various sellers, purchasers, users, transporters and disposers of hazardous materials. (ENVIRONMENTAL MANAGEMENT DEPARTMENT)

One example of an information gathering effort is the County’s Hazardous Materials Disclosure Program (adopted in 1983). The primary benefits of this program are to provide information to the general public as well as safety personnel responding to emergencies. It is recognized that coordinating and exchanging information is sometimes difficult when many agencies become involved. As a result, effective long-term management of hazardous materials in Sacramento County is dependent on communication and coordination between the various local regulatory agencies (i.e., Public Works and Infrastructure, the local fire districts, Code Enforcement, and the Tax Collection and Business Licensing Division). It is recognized the current budgetary constraints that all local agencies are currently facing will, to some degree, impact these functions.

As noted in the background section of this Element (Existing Programs) the information gathered through the disclosure program is vital to fire district personnel and other agencies responding to a hazardous materials incident. If a significant number of businesses are not complying, however, the program may give a false sense of security to emergency personnel. It is easy to visualize an incident where emergency personnel are injured by toxic smoke in a building the records showed to be free of hazardous materials.

Improve cooperation, information gathering, and information availability within existing County programs.

  1. Conduct an annual review of the County's Hazardous Material Disclosure Ordinance. If necessary, amend the ordinance to be consistent with any newly adopted hazardous materials legislation or new technology that becomes available.(ENVIRONMENTAL MANAGEMENT DEPARTMENT)
  2. Continue updating the list of business and occupations that handle or store hazardous materials as part of their daily operations. (BUSINESS LICENSING, PLANNING & ENVIRONMENTAL REVIEW, ENVIRONMENTAL MANAGEMENT DEPARTMENT)
  3. Conduct routine inspections to ensure that farm operators are in compliance with the requirements set forth in the Disclosure Ordinance and the Federal Insecticide, Fungicide, and Rodenticide Act [FIFRA].(AGRICULTURAL COMMISSIONER)
  4. Modify the wording on the Business License application form to cover a more comprehensive list of chemicals as part of the disclosure process. (BUSINESS LICENSING, PLANNING & ENVIRONMENTAL REVIEW)
  5. Continue the effort to increase accurate disclosure ordinance compliance and require presubmittal disclosure information to the fire districts during the plan review stage, prior to construction. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, FIRE DISTRICTS)
  6. Increase staffing to inspect and evaluate the management practices of those facilities which use, store, or handle hazardous materials while aggressively exploring the availability of additional funding sources to augment the inspection, enforcement and fire prevention duties provided by the various fire districts. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, FIRE DISTRICTS)
  7. Develop a cost recovery fee schedule that is based on a fixed rate for the basic inspection (depending on the size or complexity of the operation), with a negotiated surcharge if additional staff time is necessary to resolve problems. This strategy is currently used by the EMD for the Underground Storage Tank, Disclosure, and Hazardous Waste programs. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, FIRE DISTRICTS)
  8. Increase the effectiveness of the disclosure program by including all applicable County and other jurisdictional agencies in the inspecting and reporting of the undisclosed use of hazardous materials. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, PLANNING & ENVIRONMENTAL REVIEW, BUSINESS LICENSING, FIRE DISTRICTS)
  9. Continue the effort to implement a records management system for disclosure programs and provide hardware and data transmission to emergency response agencies according to Health and Safety code requirements. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, FIRE DISTRICTS)
  10. Develop an up-to-date informational handout identifying a firm's potential financial and criminal liability if a routine or accidental release of undisclosed toxic chemicals should harm emergency personnel, employees, or the public. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, PLANNING & ENVIRONMENTAL REVIEW, BUSINESS LICENSING)

The County currently operates two interim household hazardous waste (HHW) collection facilities at the North and South Area Transfer Stations. The recyclable waste accepted at these facilities include latex paint, used oil, oil filters, anti-freeze and automotive batteries. More toxic household items are collected at periodic turn-in events hosted jointly with the City of Sacramento. Although this program is considered successful, it has the potential to reach even a greater percentage of households once additional permanent facilities become operational, as currently proposed by the County’s Waste Management and Recycling Department.

Continue to support a household hazardous waste disposal program while striving to improve its convenience and provide for permanent funding.

  1. Seek a permanent funding source that would help to facilitate program improvements and expansion of the household hazardous waste collection program. (WASTE MANAGEMENT AND RECYCLING)
  2. Examine ways to reduce the use of household products containing hazardous materials [i.e., through source reduction programs]. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, WASTE MANAGEMENT AND RECYCLING)
  3. Implement a proactive information program that will promote the community-wide benefits that can result from the implementation of recycling programs. (WASTE MANAGEMENT AND RECYCLING, ENVIRONMENTAL MANAGEMENT DEPARTMENT)

Protect the residents of Sacramento County from the effects of a hazardous material incident via the implementation of various public health and safety programs.

Sacramento County is fortunate in two respects: First, although hazardous materials-related problems do exist in the county, they do not represent an acute threat to public health. Second, local government programs are in place to provide the framework for building a model effort which will maintain a high quality environment county-wide. The policies and implementation measures contained in this Element, when looked at independently, may seem ambitious for county government. However, they really represent only an incremental and necessary extension of existing authority. Moreover, the recommended program components fill in gaps in the regulatory framework, are mandated by recent legislation, provide coverage where existing efforts fall short, and are supported by respondents surveyed about local government programs. Most importantly, they will help Sacramento County fulfill its charge to protect the general public from the results of improper hazardous materials management ( including day to day operations and during incident response).

The handling, storage, and transport of hazardous materials shall be conducted in a manner so as not to compromise public health and safety standards.

  1. Continue to follow established procedures and accepted practices when dealing with all levels of hazardous materials incidents. (ENVIRONMENTAL MANAGEMENT DEPARTMENT)
  2. Those agencies responsible for incident response should give special attention to procedures and practices for handling 'sharps wastes' (i.e., hypodermic needles, syringes, blades or broken glass).Responding agencies who have yet to formulate such policies should, in an expeditious manner, develop 'sharps waste handling procedures', utilizing those employed by the County's Transportation Department as a model. (SACDOT, FIRE DISTRICTS, SHERIFF)

The potential ramifications resulting from improper handling or storage of hazardous materials can be devastating. The primary problem being that the latency period for health problems associated with a hazardous materials incident can last for many years. Fortunately, the County’s general populous has been immune from any significant health problems associated with a hazardous materials incident. Careful reporting and record keeping can help health officials identify clusters and causes of chemical-related diseases. For example, cancer registries, available through the local chapter of the American Cancer Society, and other information sources are valuable tools which can help identify health problems related to longterm exposure to hazardous materials. This type of information system can improve program efficiency by focusing monitoring, control, and cleanup efforts where they are most necessary.

Support efforts to gather health information in Sacramento County and throughout California that will help public health officials identify the causes of illnesses related to hazardous materials.

  1. Pursue funding to help establish a county-wide health registry whose primary objective would be to track any increases in cancer related diseases that can be directly linked to the improper management of hazardous materials. (Department of Health and Human Services)

Complete health assessments have been performed for only a small fraction of the more than 50,000 chemicals in the marketplace. Many have been approved for distribution and sale prior to any data establishing their safety. Where information suggests these materials are hazardous, strict standards must be set to protect the environment and human health. Where no information is provided by manufacturers to establish the safety of a product, its use must be restricted.

Strongly encourage federal and state agencies to accelerate their efforts to evaluate human health impacts and establish legally enforceable standards for hazardous materials.

  1. Support the efforts of the various federal and state regulatory agencies (i.e., the Federal Food and Drug Administration, the EPA, as well as the State of California Department of Public Health, Department of Pesticide Regulations and the Regional Water Quality Control Board) to fill the information gap regarding the potential health risks of materials they approve for sale. (ENVIRONMENTAL MANAGEMENT DEPARTMENT)

Employee safety is regulated by the state and federal governments, with local governments having only a small role. Therefore, Sacramento County does not intend to introduce unnecessary new regulations in this area. Given the toxic and volatile nature of most hazardous materials, accidental releases can threaten public health and cause fiscal hardships county-wide due to resulting evacuation and relocation. Disclosure, education, emergency planning, and timely inspections are the best measures to protect both employees and the general public from the effects of improper handling of hazardous materials.

The County’s Environmental Management Department is responsible for the implementation of the provisions set forth in Chapter 6.95 of the Health and Safety Code (Hazardous Materials Release Response Plan and Inventory). Continuing to promote programs such as this will help to ensure that hazardous materials are properly handled, as well as minimize fiscal, environmental, and public safety impacts county-wide.

Encourage the implementation of workplace safety programs and to the best extent possible ensure that residents who live adjacent to industrial or commercials facilities are protected from accidents and the mishandling of hazardous materials.

  1. Take steps to ensure that current information regarding proper handling and storage of hazardous materials, as well as local evacuation procedures is made available to local residents and employees. (ENVIRONMENTAL MANAGEMENT DEPARTMENT)
  2. During routine inspections the Environmental Management Department or the local fire districts should make every effort to check for compliance with safety programs mandated by the various regulatory agencies. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, FIRE DISTRICTS)

Much of the existing industrial zoning in Sacramento County is located on porous soils which may readily transmit spilled chemicals into ground water supplies. This situation underscores the need to develop siting standards that will keep potentially harmful new facilities away from porous soils and vulnerable drinking water supplies. This is consistent with the basic premise of zoning (i.e., to reduce land use conflicts and by separating incompatible land uses from one another). The potential for soil and ground water contamination can also be minimized by periodic inspections to assure that hazardous waste generators are properly handling these materials. Lastly, the employment of tougher environmental impact review thresholds for new facilities where hazardous materials will be handled would help to minimize potential impacts. It is understood that CEQA applies only to projects which require a discretionary approval from a governmental agency.

The Underground Storage Tank (UST) Ordinance and the various water quality monitoring are good examples of existing programs which have been successful in protecting against soil and groundwater contamination. These two particular programs are overseen by the Environmental Management Department, Department of Water Resources and the State Department of Public Health. It should be noted that soil and ground water contamination associated with above ground storage tanks remains a concern as they are virtually unregulated in Sacramento County. The following measures, if effectively implemented, will bolster existing programs, thereby providing long-term protection of ground water reserves from the impacts of improper handling and storage of hazardous materials.

Continue the effort to prevent ground water and soil contamination.

  1. Continue to support stringent monitoring requirements for water supplies to provide for early detection of contamination problems. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, WATER RESOURCES)
  2. Evaluate existing and proposed hazardous materials facilities to determine if their locations are appropriate from a public health and safety perspective. Existing facilities found to be located in inappropriate locations should immediately implement measures that would minimize the effect of an incident. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, FIRE DISTRICTS)
  3. Initiate amendments to the Zoning Code to include siting and development standards that, if effectively implemented during site plan review, will minimize the impacts of the improper use or handling of hazardous materials on sensitive receptors (i.e., residential development, schools, hospitals, and care homes). (PLANNING & ENVIRONMENTAL REVIEW)
  4. In an effort to reduce the risk of health or environmental damage through industrial or commercial use of hazardous materials encourage the environmental community to take a more proactive approach during the initial stages of the review process for hazardous material facilities that are subject to discretionary approval. (PLANNING &ENVIRONMENTAL REVIEW)
  5. In order to further protect of soil and ground water reserves prepare an Above Ground Storage Tank (AST) Ordinance, modeled after the County's existing Underground Storage Tank Ordinance and the existing Above Ground Storage Tank (AST) Ordinance; Sacramento County Code, Title 17, Chapter 17, California Fire Code, Appendix II-F. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, FIRE DISTRICTS)
  6. To minimize public health and safety impacts resulting from ground water contamination continue the ground water monitoring program. (ENVIRONMENTAL MANAGEMENT DEPARTMENT)
  7. Seek funding to aid in the development of computerized, county-managed, water quality information system. (ENVIRONMENTAL MANAGEMENT DEPARTMENT)

Roughly one-half of the drinking water consumed in Sacramento County is drawn from the Sacramento and American Rivers. These rivers also provide natural settings, fishing, and recreational opportunities to county residents. Given the nature and design of the regional drainage system any mishap involving the hazardous materials has the potential to compromise the natural values to the detriment to the entire community. The County’s Department of Water Resources and the Central Valley Water Quality Control Board are both responsible for implementing pretreatment and monitoring programs with the intent of protecting water quality in the Sacramento region.

Use of the storm drain system for the disposal of hazardous materials also has the potential to impact quality of the County’s surface water supplies. The Department of Water Resources currently oversees a number of stormwater quality control measures (Discharge Management and Educational Programs). Recent monitoring of stormwater discharges reveals that these programs have been effective in minimizing stormwater pollution impacts.

Continue the effort to prevent surface water contamination.

  1. Conduct annual inspections of farms or facilities that have a potential to spill hazardous materials into water supplies. (AGRICULTURAL COMMISSIONER)
  2. Continue to monitor significant industrial users for pollutant discharges as well as and conduct periodic sampling of non-industrial user groups. (WATER RESOURCES)
  3. Continue to educate and inform residential and commercial customers of the impacts associated with dumping toxics into the storm drain system. (WATER RESOURCES, ENVIRONMENTAL MANAGEMENT DEPARTMENT)
  4. Implement a comprehensive stormwater management program. (WATER RESOURCES)
  5. Conduct careful and effective monitoring of wastes dumped into the storm drain system. Sacramento County should also monitor and support efforts by state agencies to reduce the concentrations of rice herbicides found in the Sacramento River.(ENVIRONMENTAL MANAGEMENT DEPARTMENT, WATER RESOURCES, AGRICULTURAL COMMISSIONER)

Protection of the health and welfare of the residents of Sacramento County from the effects of a hazardous material incident can be best accomplished by implementation of prevention techniques, rather than relying on reactive measures. The development and implementation of effective management strategies such as proper packaging, placarding, licensing, and driving techniques is tantamount to safe handling, storage and transport of hazardous materials. These types of preventative measures will serve to reduce the number of accidents, thereby minimizing adverse impacts to residential areas, transportation routes, water supply, environmental amenities and sensitive facilities.

Reduce the occurrences of hazardous material accidents and the subsequent need for incident response by developing and implementing effective prevention strategies.

  1. Impose land use controls via both the ministerial and discretionary permit process to ensure that preventative measures are implemented to the best extent possible.(PLANNING & ENVIRONMENTAL REVIEW)
  2. Establish a process for review by the Sacramento Metropolitan Air Quality Management District and the Environmental Management Department, or other appropriate body prior to the issuance of building permits. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, PLANNING & ENVIRONMENTAL REVIEW)
  3. Identify and evaluate accident probability and severity, as well as emergency response times. (SACDOT, FIRE DISTRICTS)
  4. Prepare a constraints analysis considering residential compatibility, transportation, water supply, environmental amenities, and sensitive facilities. Based on the results of this analysis develop siting standards and criteria for facilities handling or storing hazardous materials. (ENVIRONMENTAL MANAGEMENT DEPARTMENT, SACDOT, WATER RESOURCES, WASTE MANAGEMENT AND RECYCLING, FIRE DISTRICTS, PLANNING & ENVIRONMENTAL REVIEW)

The County is given the authority under state and federal law to reduce the risk to the public, the environment, or sensitive facilities by prohibiting, whenever possible, the transportation of hazardous materials on the most unsuitable routes. It is recognized that even the best possible spill response effort cannot prevent some potentially harmful releases from occurring. Therefore, where possible, the County will direct hazardous material shipments away from residential areas, sensitive facilities, traffic congestion, and rush-hour traffic. This approach would improve the ability of emergency crews to respond to an incident, by reducing traffic conflicts. It is important to note that routing restrictions are not to cause unreasonable burdens on other communities, and must not restrain commerce. The California Highway patrol serves in a review and referee function for hazardous materials routing studies. The following implementation measures will reduce traffic conflicts and improve incident response time which, in turn, will minimize public health and safety impacts.

The County currently contracts with the Sacramento Metropolitan Fire District and the Sacramento City Fire Department for hazardous materials emergency spill response (HazMat Response Team). This on-going arrangement covers road spills, fires, and other incidents. The contract with the fire agencies provides four trained crews to provide 24 hour response. It would be extremely costly for the County to duplicate this service. The County’s Transportation Department also engages in non-emergency response to hazardous materials spills, and assists in clean-up. This assistance is restricted to most Level I and II incidents as defined in the Background of this Element (Existing Programs).

Protect residents and sensitive facilities from incidents which may occur during the transport of hazardous materials in the County.

  1. Identify firms and areas requiring hazardous material shipping access. Furthermore, restrict hazardous materials transportation using high-risk routes and time periods. (PLANNING & ENVIRONMENTAL REVIEW, SACDOT)
  2. Evaluate the location of sensitive facilities (schools, hospitals, etc.) and environmentally sensitive areas and identify alternative transportation routes. (PLANNING & ENVIRONMENTAL REVIEW, SACDOT)
  3. Seek the allowable state reimbursements to the County Roadway Improvement Fund for spill cleanup expenses that are not recovered from a responsible party. (SACDOT, ENVIRONMENTAL MANAGEMENT DEPARTMENT, FIRE DISTRICTS)
  4. Institute a policy of civil recovery of spill cleanup costs from responsible parties. (ENVIRONMENTAL MANAGEMENT DEPARTMENT)
  5. Maintain the existing arrangement with the Sacramento Metropolitan Fire District and the City of Sacramento for hazardous material spill response. (PLANNING & ENVIRONMENTAL REVIEW, HIGHWAY PATROL)

It is now well known that emissions of toxic air contaminants that were not regulated under early air pollution laws pose a threat to public health. Federal, state and local air pollution agencies are in the process of developing regulations controlling emissions of these toxic air contaminants. The AQMD should make every effort to support this program by preparing an inventory of toxic air emissions within the county, and working to reduce these emissions as standards are developed for each contaminant and selected industry .

Continue the effort through the Sacramento Metropolitan Air Quality Management District (AQMD) to inventory and reduce toxic air contaminants as emission standards are developed.

  1. Continue to inventory and develop control strategies for toxic air contaminants in the county. (SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT)

Coordinated efforts by the applicable regulatory agencies, thereby facilitating effective long-term hazardous materials management.

Like most large-scale commercial and industrial operations, Sacramento County has relied in the past on methods of handling hazardous materials that may have become outdated. Although the County’s operations are technically exempt from many regulations, the County has a genuine desire and need to fully comply with all hazardous materials laws. To illustrate this, the County is continually making efforts, when fiscally feasible, to develop and implement a modern system to manage hazardous materials. These management strategies range from acquisition through recycling and disposal. A long-term and effective system can also serve as a model for private firms. Knowledge gained in the development of individual programs can be shared with the public through presentations, publications, and staff support. Furthermore, this Element is the product of a carefully coordinated effort between various agencies within the County. It is critical that each program be implemented in a manner that is fair not only to the firms or individuals handling hazardous materials, but to all the residents of this county whose continued safety and welfare depends upon proper handling. However, it is equally important that the policies and programs set forth in the Element be considered as a cohesive whole in order to be effectively implemented over the long-term.

Develop and implement a comprehensive hazardous materials management program and permit process for all applicable County agencies. The program and permitting process should be devoid of overlap and shall be consistent with the Goals and Policies of this Hazardous Materials Element to the best extent possible under existing laws and regulations.

  1. Take the necessary steps to avoid overlapping regulations at the local level and assure that the programs and activities are consistent with the applicable federal and state regulations. (ALL COUNTY AGENCIES)

Enforce all federal, state, and local regulations and if necessary prosecute those cases involving the mismanagement of hazardous materials.

A strong local enforcement program provides the legal incentive which helps all the other county programs work effectively. Many county governments statewide, including Sacramento County, have sought and obtained responsibility for enforcing state hazardous waste laws within their local jurisdictions. These arrangements provide a higher degree of public protection than limited state efforts have been able to achieve. Sacramento County should take this opportunity to see that local hazardous waste generators are storing, handling, and disposing of waste in a manner that is consistent with federal, state and local safety regulations.

The prosecution of hazardous materials violations through the local District Attorney offers several advantages to Sacramento County, in terms of effectively addressing the problems in our community at the local level. In situations where education, cooperation, inspection, and intervention have not been sufficient to ensure compliance, enforcement is the only tool remaining that can bring violators into line. Where violations occur, communication between the local regulating and prosecuting agencies can be simple and direct. Local enforcement can maintain an emphasis on cleanup and corrective action, as well as punishment. Local enforcement sends violators a strong signal that they will be held accountable for unlawful activities, and tells firms that are operating legally that competitors will not be allowed to cut costs by dumping illegally.

Support local enforcement of hazardous materials regulations.

  1. Continue to aggressively pursue the prosecution of hazardous materials violators. This effort can be best achieved by utilizing the Settle Agreement process which is in place to levy fines for facilities that fail to submit business plans in a timely manner. (ENVIRONMENTAL MANAGEMENT DEPARTMENT)
  2. Continue the coordination efforts between staff attorneys and hazardous materials investigators. (DISTRICT ATTORNEY, COUNTY COUNSEL, ENVIRONMENTAL MANAGEMENT DEPARTMENT, SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT)

The availability of reliable and solvent funding sources to augment hazardous materials management and enforcement programs.

Local governments are often required by the State Legislature to implement programs without sufficient funding. Compliance with state-mandated programs has been made even more difficult in recent years due the poor economic climate that exists in California. As a result, many local governments have been forced to support these programs through inventive financing mechanisms or general taxes. This approach to funding has created financial hardships for many local governments, businesses, or residents. The County is of the opinion that the State of California should attempt to recognize the practical limitations of local funding, and provide assistance to state-mandated programs.

Support efforts to require state funding for state-mandated local programs.

  1. Aggressively lobby federal and state representatives to vote for additional funding that, in turn, would provide local governments the fiscal means to effectively implement hazardous materials management programs. (AFA)