Contra Costa County, California, Ordinance Code >> Title 4 - HEALTH AND 

SAFETY >> Division 450 - HAZARDOUS MATERIALS AND WASTES >> 

Chapter 450-8 - RISK MANAGEMENT >> 

Chapter 450-8 - RISK MANAGEMENT

Sections: 

450-8.002 - Background and findings.

450-8.004 - Purpose and goals.

450-8.006 - Authority.

450-8.008 - Administration.

450-8.010 - Applicability.

450-8.012 - Inspection.

450-8.014 - Definitions.

450-8.016 - Stationary source safety requirements.

450-8.018 - Review, audit and inspection.

450-8.020 - Trade secret.

450-8.022 - Hazardous materials ombudsperson.

450-8.024 - Public information bank.

450-8.026 - Fees.

450-8.028 - Penalties.

450-8.030 - Annual performance review and evaluation.

450-8.032 - Construction.

450-8.002 - Background and findings. 

The board of supervisors of Contra Costa County finds as follows: 

(a) Recent incidents in Contra Costa County at industrial chemical, 

petrochemical, and oil industry facilities have prompted the consideration of 

reviews, inspections, and audits that supplement existing federal and state safety 
programs and the imposition of additional safety measures to protect public 

health and safety from accidental releases. 

(b) Section 112(r)(7) of the Clean Air Act (42 U.S.C.A. Section 7412(4)) required 

the Federal Environmental Protection Agency ("EPA") to promulgate the rule 

known as the "Risk Management Program," which is intended to prevent 

accidental releases of regulated substances, as defined in the federal program, 

and reduce the severity of those releases that do occur. All facilities subject to 

this federal regulation must prepare a risk management plan (RMP) based on a 

risk management program established at the facility, that includes a hazard 

assessment of the facility, an accidental release prevention program, and an 

emergency response program (40 CFR Section 68). The facility must submit the 

Federal RMP to the EPA by June 21, 1999 (40 CFR Section 68-150-68.185). The 

federal RMP will be available to state and local government and the public. 

(c) The California Health and Safety Code Article 2 (Section 25531 et seq.) of 

Chapter 6.95 was amended effective January 1, 1997 to implement the federal 

EPA's risk management program rule with certain state-specific amendments. 

The state's risk management program is known as the California Accidental 

Release Prevention (CalARP) Program. 

(d) The county recognizes that regulatory requirements alone will not guarantee 

public health and safety, and that the public is a key stakeholder in chemical 

accident prevention, preparedness, and response at the local level. Preventing 

accidental releases of regulated substances is the shared responsibility of 

industry, government and the public. The first steps toward accident prevention 

are identifying the hazards and assessing the risks. Once information about 

chemical hazards in the community is openly shared, industry, government, and 

the community can work together towards reducing the risk to public health and 

safety. 

(e) The success of a safety program is dependent upon the cooperation of 

industrial chemical and oil refining facilities within Contra Costa County. The 

public must be assured that measures necessary to prevent incidents are being 
implemented, including changes or actions required by the department or the 

stationary source that are necessary to comply with this chapter. 

(Ord. 98-48 § 2). 

450-8.004 - Purpose and goals. 

(a) The purpose of this chapter is to impose regulations which improve industrial 

safety by: 

(1) Requiring the conduct of process hazard analyses for covered processes 

handling hazardous materials not covered by the federal or state accidental 

release prevention programs; 

(2) Requiring the review of action items resulting from process hazard analyses 

and requiring completion of those action items selected by the stationary source 

for implementation within a reasonable time frame; 

(3) Requiring the review of accidental release prevention efforts of stationary 

sources and providing for the conduct of investigations and analyses for the 

determination of the root cause for certain incidents; 

(4) Providing review, inspection, auditing and safety requirements that are more 

stringent than those required in existing law and regulations; 

(5) Providing for public input into the safety plan and safety program and public 

review of any inspection and audit results; 

(6) Facilitating cooperation between industry, the county, and the public in the 

prevention and reduction of incidents at stationary sources; 

(7) Expanding the application of certain provisions of the federal and state 

accidental release prevention programs to processes not covered by the federal 

or state accidental release prevention programs; 

(8) Verifying that an approved security and vulnerability study is performed, and 

that the recommendations are addressed within a reasonable time frame; 

(9) Requiring the development and implementation of a written human factors 

program; and 

(10) Preventing and reducing the number, frequency, and severity of accidental 

releases in the county. 
(Ords. 2006-22 § 2, 98-48 § 2). 

450-8.006 - Authority. 

The ordinance codified in this chapter is adopted by the county pursuant to its 

police power for the purposes of protecting public health and safety by prevention 

of accidental releases of hazardous materials and to assure protection of the 

environment. 

(Ord. 98-48 § 2). 

450-8.008 - Administration. 

The department is charged with the responsibility of administering and enforcing 

this chapter. 

(Ord. 98-48 § 2). 

450-8.010 - Applicability. 

(a) This chapter shall apply to stationary sources except that: 

(b) The following are exempt from the provisions of this chapter except Sections 

450-8.016(c) and (e), and 450-8.018(f) and (g): 

(1) Storage tanks containing a nonregulated substance, except for storage 

tanks that contain a material that has a flashpoint above one hundred forty-one 

degrees Fahrenheit and below two hundred degrees Fahrenheit in accordance 

with the definition of combustible liquid in 49 CFR 173.120(b); 

(2) Drum storage of: (A) a nonregulated substance; (B) less than ten thousand 

pounds of a hazard category B material located such that the drums could 

reasonably be expected to be involved in a single release; and (C) a hazard 

category A material, located such that the drums could reasonably be expected 

to be involved in a single release, at less than the quantity specified as the 

threshold planning quantity on the extremely hazardous substances list 

(Appendix A to 40 CFR Chapter I, Subchapter J, Part 355, as amended from time 

to time) or five hundred pounds, whichever is less; 

(3) Activities in process plant laboratories or laboratories that are under the 

supervision of a technically qualified individual as defined in Section 720.3(ee) of 

40 CFR. This exemption does not apply to specialty chemical production; 
manufacture, processing or use of substances in pilot plant scale operations; and 

activities conducted outside the laboratory; 

(4) Utilities, except for fuel gas and natural gas systems to the battery limits of a 

process unit; and 

(5) Any waste tanks, containers or other devices subject to the federal and state 

hazardous waste laws, including the Resource Conservation and Recovery Act 

(RCRA), 40 CFR Chapter I, Subchapter I, commencing with Part 260, the 

California Hazardous Waste Control Law, California Health and Safety Code, 

commencing with Section 25100 and the California Code of Regulations, Title 22 

Division 4.5 Environmental Health Standards for the Management of Hazardous 

Waste. 

(Ords. 2006-22 § 3, 98-48 § 2). 

450-8.012 - Inspection. 

The department shall be allowed reasonable access to any part of the stationary 

source subject to the requirements of this chapter, Sections 450-8.016 and 450-

8.018 and to supporting documentation retained by the source for the purpose of 

determining compliance with this chapter. 

(Ord. 98-48 § 2). 

450-8.014 - Definitions.

For purposes of this chapter, the definitions set forth in this section shall apply. 

Words used in this chapter not defined in this section shall have the meanings 

ascribed to them in the Clean Air Act Regulations (40 CFR Section 68.3) and in 

California Health and Safety Code Article 2 (Section 25531 et seq.) of Chapter 

6.95, unless the context indicates otherwise. 

(a) "Covered process" means any process at a stationary source. 

(b) "Department" means the Contra Costa County health services director and 

any director authorized deputies. 

(c) "Feasible" means capable of being accomplished in a successful manner 

within a reasonable period of time, taking into account economic, environmental, 

legal, social, and technological factors. 
(d) "Hazard category A materials" are substances which meet the hazard 

category A material definition as set forth in Section 84-63.1016 of this code. 

(e) "Hazard category B materials" are substances which meet the hazard 

category B material definition as set forth in Section 84-63.1016 of this code. 

(f) "Industry codes, standards, and guidelines" means the edition of the codes, 

standards, and guidelines in effect at the time of original design or construction 

for the design, construction, alteration, maintenance or repair of process units, 

industrial equipment, or other industrial facilities, structures or buildings published 

by, but not limited to, the American Petroleum Institute (API), the American 

Chemistry Council (ACC), the American Society of Mechanical Engineers 

(ASME) or the American National Standards Institute (ANSI), and meets 

recognized and generally accepted good engineering practices (RAGAGEP). 

(g) "Inherently safer systems" means "inherently safer design strategies" as 

discussed in the latest edition of the Center for Chemical Process Safety 

Publication "Inherently Safer Chemical Processes," and means feasible 

alternative equipment, processes, materials, lay-outs, and procedures meant to 

eliminate, minimize, or reduce the risk of a major chemical accident or release by 

modifying a process rather than adding external layers of protection. Examples 

include, but are not limited to, substitution of materials with lower vapor pressure, 

lower flammability, or lower toxicity; isolation of hazardous processes; and use of 

processes which operate at lower temperatures and/or pressures. 

(h) "Major chemical accident or release" means an incident that meets the 

definition of a level 3 or level 2 incident in the community warning system incident 

level classification system defined in the hazardous materials incident notification 

policy, as determined by the department; or results in the release of a regulated 

substance and meets one or more of the following criteria: 

(1) Results in one or more fatalities; 

(2) Results in greater than twenty-four hours of hospital treatment of three or 

more persons; 
(3) Causes on- and/or off-site property damage (including clean-up and 

restoration activities) initially estimated at five hundred thousand dollars or more. 

On-site estimates shall be performed by the stationary source. Off-site estimates 

shall be performed by appropriate agencies and compiled by the department; 

(4) Results in a vapor cloud of flammables and/or combustibles that is more 

than five thousand pounds. 

(i) "Regulated substance" means (1) any chemical substance which satisfies the 

provisions of California Health and Safety Code Section 25532(g), as amended 

from time to time, or (2) a substance which satisfies the provisions of hazard 

categories A or B in Section 84-63.1016 of this code. Mixtures containing less 

than one percent of a regulated substance shall not be considered in the 

determination of the presence of a regulated material. 

(j) "Risk management program" means the documentation, development, 

implementation, and integration of management systems by the facility to comply 

with the regulations set forth in 40 CFR, Part 68 and the California Health and 

Safety Code, Article 2, commencing with Section 25531. 

(k) "RMP" means the risk management plan required to be submitted pursuant 

to the requirements of the 40 CFR Section 68.150-68.185 and the California 

Health and Safety Code Article 2 (Section 25531 et seq.) of Chapter 6.95. 

(l) "Root cause" means prime reasons, such as failures of some management 

systems, that allow faulty design, inadequate training, or improper changes, 

which lead to an unsafe act or condition, and result in an incident. If root causes 

were removed, the particular incident would not have occurred. 

(m) "Safety plan" means the safety plan required to be submitted to the 

department pursuant to the requirements of Section 450-8.016 of this chapter. 

(n) "Safety program" means the documentation, development, implementation, 

and integration of management systems by the stationary source to comply with 

the safety requirements set forth in Section 450-8.016 of this chapter. 

(o) "Stationary source" or "source" means a facility which includes at least one 

process as defined in 40 CFR 68.10 that is subject to federal risk management 
program level 3 requirements and whose primary North American Industry 

Classification System code (NAICS) is 324 (Petroleum and Coal Products 

Manufacturing) or 325 (Chemical Manufacturing). 

(p) "California accidental release prevention program" means the 

documentation, development, implementation, and integration of management 

systems by a facility to comply with the regulations set forth in California Code of 

Regulations, Title 19, Division 2, Chapter 4.5. 

(q) "Catastrophic release" means a major uncontrolled emission, fire, or 

explosion, involving one or more highly hazardous chemicals, that presents 

serious danger to employees in the workplace and/or the public. As used in this 

section, "highly hazardous chemical" has the meaning ascribed to it in 29 CFR 

1910.119(b) as of May 21, 2003. 

(r) "Human factors" means a discipline concerned with designing machines, 

operations, and work environments so that they match human capabilities, 

limitations, and needs. "Human factors" can be further referred to as 

environmental, organizational, and job factors, and human and individual 

characteristics that influence behavior at work in a way that can affect health and 

safety. 

(s) "Human systems" means the systems, such as written and unwritten 

policies, procedures, and practices, in effect to minimize the 

existence/persistence of latent conditions at the stationary source. It also 

includes the broad area of safety culture of a stationary source to the extent that 

it influences the actions of individuals or groups of individuals. 

(Ords. 2006-22 § 4, 98-48 § 2). 

450-8.016 - Stationary source safety requirements. 

The stationary source shall submit a safety plan to the department within one 

year of the effective date of the ordinance codified in this chapter or within three 

years of the date a facility becomes a stationary source, that complies with the 

provisions of this section and that includes the safety elements listed in 

subsection (a) of this section. In addition, the stationary source shall comply with 
the safety requirements set forth in subsections (a) through (e) of this section and 

shall include a description of the manner of compliance with these subsections in 

the safety plan. A new covered process at an existing stationary source shall 

comply with subsections (a) through (e) of this section prior to initial startup. 

(a) Safety Program Elements. All covered processes shall be subject to the 

safety program elements listed below. The safety plan shall include a description 

of the manner in which these safety program elements listed below shall be 

applied to the covered process. These safety program elements shall be 

implemented in conformance with the California accidental release prevention 

program and the safety plan shall follow Chapters 5, 7, 8 and 9 of the Contra 

Costa County health services department CalARP program guidance document. 

(1) Process Safety Information. 

(A) The stationary source shall complete a compilation of written process safety 

information before conducting any process hazard analysis as required by this 

chapter. The compilation of written process safety information is to enable the 

stationary source and the employees involved in operating the covered process 

to identify and understand the hazards posed by the covered process. This 

process safety information shall include information pertaining to the hazards of 

the regulated substances used or produced by the process, information 

pertaining to the technology of the process, information pertaining to the 

equipment in the process, and information pertaining to the hazards of the 

regulated substances in the process. 

(i) This information shall consist of at least the following: toxicity information; 

permissible exposure limits; physical data; reactivity data; corrosivity data; 

thermal and chemical stability data; and hazardous effects of inadvertent mixing 

of different materials that could foreseeably occur. 

(ii) Material safety data sheets meeting the requirements of Section 5189, Title 

8 of California Code of Regulations may be used to comply with this requirement 

to the extent they contain the information required by this subsection. 
(iii) Information pertaining to the technology of the process shall include at least 

the following: a block flow diagram or simplified process flow diagram; process 

chemistry; maximum intended inventory; safe upper and lower limits for such 

items as temperatures, pressures, flows or compositions; and, an evaluation of 

the consequences of deviations. Where the original technical information no 

longer exists, such information may be developed in conjunction with the process 

hazard analysis in sufficient detail to support the analysis. 

(iv) Information pertaining to the equipment in the process shall include: 

materials of construction; piping and instrument diagrams (P&ID's); electrical 

classification; relief system design and design basis; ventilation system design; 

design codes and standards employed; material and energy balances for 

processes built after the compliance date of the ordinance codified in this 

chapter; and safety systems (e.g., interlocks, detection or suppression systems). 

(B) The stationary source shall document that equipment complies with 

recognized and generally accepted good engineering practices. 

(C) For existing equipment designed and constructed in accordance with codes, 

standards, or practices that are no longer in general use, the stationary source 

shall determine and document that the equipment is designed, maintained, 

inspected, tested, and operating in a safe manner. 

(2) Operating Procedures. 

(A) The stationary source shall develop and implement written operating 

procedures that provide clear instructions for safely conducting activities involved 

in each covered process consistent with the process safety information and shall 

address at least the following elements: 

(i) Steps for each operating phase: initial startup; normal operations; temporary 

operations; emergency shutdown, including the conditions under which 

emergency shutdown is required, and the assignment of shutdown responsibility 

to qualified operators to ensure that emergency shutdown is executed in a safe 

and timely manner; emergency operations; normal shutdown; and, startup 

following a turnaround, or after an emergency shutdown. 
(ii) Operating limits: consequences of deviation; and steps required to correct or 

avoid deviation. 

(B) Safety and Health Considerations. Properties of, and hazards presented by, 

the chemicals used in the process; precautions necessary to prevent exposure, 

including engineering controls, administrative controls, and personal protective 

equipment; control measures to be taken if physical contact or airborne exposure 

occurs; quality control for raw materials and control of hazardous chemical 

inventory levels; and, any special or unique hazards. 

(C) Safety systems and their functions. 

(D) Operating procedures shall be readily accessible to employees who work in 

or maintain a process. 

(E) The operating procedures shall be reviewed as often as necessary to 

assure that they reflect current operating practice, including changes that result 

from changes in process chemicals, technology, and equipment, and changes to 

stationary sources. The stationary source shall certify annually that these 

operating procedures are current and accurate. 

(F) The stationary source shall develop and implement safe work practices to 

provide for the control of hazards during operations such as lockout/tagout; 

confined space entry; opening process equipment or piping; and control over 

entrance into a stationary source by maintenance, contractor, laboratory, or other 

support personnel. These safe work practices shall apply to employees and 

contractor employees. 

(3) Employee Participation. 

(A) The stationary source shall develop a written plan of action regarding the 

implementation of the employee participation required by this chapter. 

(B) The stationary source shall consult with employees and their 

representatives on the conduct and development of process hazards analyses 

and on the development of the other elements of the safety program in this 

chapter. 
(C) The stationary source shall provide to employees and their representatives 

access to process hazard analyses and to all other information required to be 

developed under this chapter. 

(4) Training. For each employee in such covered process: 

(A) Initial Training. Each employee presently involved in operating a covered 

process, and each employee before being involved in operating a newly 

assigned covered process, shall be trained in an overview of the process and in 

the operating procedures as specified in subsection (a)(2)(A) of this section. The 

training shall include emphasis on the specific safety and health hazards, 

emergency operations including shutdown, and safe work practices applicable to 

the employee's job tasks. In lieu of initial training for those employees already 

involved in operating a process, an owner or operator may certify in writing that 

the employee has the required knowledge, skills, and abilities to safely carry out 

the duties and responsibilities as specified in the operating procedures. 

(B) Refresher Training. Refresher training shall be provided at least every three 

years, and more often if necessary, to each employee involved in operating a 

covered process to assure that the employee understands and adheres to the 

current operating procedures of the covered process. The stationary source, in 

consultation with the employees involved in operating the process, shall 

determine the appropriate frequency of refresher training. 

(C) Training Documentation. The stationary source shall ascertain that each 

employee involved in operating a process has received and understood the 

training required by this section. The stationary source shall prepare a record 

which contains the identity of the employee, the date of training, and the means 

used to verify that the employee understood the training. 

(5) Mechanical Integrity, Including the Use of Industry Codes, Standards, and 

Guidelines. 

(A) Application. Subsections (a)(5)(B) through (a)(5)(F) of this section apply to 

the following process equipment: pressure vessels and storage tanks; piping 

subsystems (including piping components such as valves); relief and vent 
systems and devices; emergency shutdown systems; controls (including 

monitoring devices and sensors, alarms, and interlocks) and pumps. 

(B) Written Procedures. The stationary source shall establish and implement 

written procedures to maintain the on-going integrity of process equipment. 

(C) Training for Process Maintenance Activities. The stationary source shall 

train each employee involved in maintaining the on-going integrity of process 

equipment in an overview of that process and its hazards and in the procedures 

applicable to the employee's job tasks to assure that the employee can perform 

the job tasks in a safe manner. 

(D) Inspection and Testing. 

(1) Inspections and tests shall be performed on process equipment. Inspection 

and testing procedures shall follow recognized and generally accepted good 

engineering practices. The frequency of inspections and tests of process 

equipment shall be consistent with applicable manufacturers' recommendations 

and good engineering practices, and more frequently if determined to be 

necessary by prior operating experience. The stationary source shall document 

each inspection and test that has been performed on process equipment. The 

documentation shall identify the date of the inspection or test, the name of the 

person who performed the inspection or test, the serial number or other identifier 

of the equipment on which the inspection or test was performed, a description of 

the inspection or test performed, and the results of the inspection or test. 

(E) Equipment Deficiencies. The stationary source shall correct deficiencies in 

equipment that are outside acceptable limits (defined by the process safety 

information in subsection (a)(1) of this section) before further use or in a safe and 

timely manner when necessary means are taken to assure safe operation. 

(F) Quality Assurance. In the construction of new plants and equipment, the 

stationary source shall assure that equipment as it is fabricated is suitable for the 

process application for which they will be used. Appropriate checks and 

inspections shall be performed to assure that equipment is installed properly and 

consistent with design specifications and the manufacturer's instructions. The 
stationary source shall assure that maintenance materials, spare parts and 

equipment are suitable for the process application for which they will be used. 

(6) Management of Change. 

(A) The stationary source shall establish and implement written procedures to 

manage changes (except for "replacements in kind") to process chemicals, 

technology, equipment, and procedures; and changes to stationary sources that 

affect a covered process. 

(B) The procedures shall assure that the following considerations are addressed 

prior to any change: the technical basis for the proposed change; impact of 

change on safety and health; modifications to operating procedures; necessary 

time period for the change; and authorization requirements for the proposed 

change. 

(C) Employees involved in operating a process and maintenance and contract 

employees whose job tasks will be affected by a change in the process shall be 

informed of, and trained in, the change prior to startup of the process or affected 

part of the process. 

(D) If a change covered by this section results in a change in the process safety 

information required by subsection (a)(1) of this section, such information shall 

be updated accordingly. 

(E) If a change covered by this section results in a change in the operating 

procedures or practices required by subsection (a)(2) of this section, such 

procedures or practices shall be updated accordingly. 

(7) Pre-Startup Reviews. 

(A) The stationary source shall perform a pre-startup safety review for new 

stationary sources and for modified stationary sources when the modification is 

significant enough to require a change in the process safety information. 

(B) The pre-startup safety review shall confirm that prior to the introduction of 

regulated substances to a covered process: construction and equipment is in 

accordance with design specifications; safety, operating, maintenance, and 

emergency procedures are in place and are adequate; for new covered 
processes, a process hazard analysis has been performed and 

recommendations have been resolved or implemented before startup; and 

modified covered processes meet the requirements contained in management of 

change, subsection (a)(6) of this section; and training of each employee involved 

in operating a process has been completed. 

(8) Compliance Audits. 

(A) The stationary source shall certify that they have evaluated compliance with 

the provisions of this section at least every three years to verify that the 

procedures and practices developed under this chapter are adequate and are 

being followed. 

(B) The compliance audit shall be conducted by at least one person 

knowledgeable in the process. 

(C) A report of the findings of the audit shall be developed. 

(D) The stationary source shall promptly determine and document an 

appropriate response to each of the findings of the compliance audit, and 

document that deficiencies have been corrected. 

(E) The stationary source shall retain the two most recent compliance audit 

reports. 

(9) Incident Investigation. 

(A) The stationary source shall investigate each incident which resulted in, or 

could reasonably have resulted in a catastrophic release of a regulated 

substance. 

(B) An incident investigation shall be initiated as promptly as possible, but not 

later than forty-eight hours following the incident. 

(C) An incident investigation team shall be established and consist of at least 

one person knowledgeable in the covered process involved, including a contract 

employee if the incident involved work of the contractor, and other persons with 

appropriate knowledge and experience to thoroughly investigate and analyze the 

incident. 
(D) A report shall be prepared at the conclusion of the investigation which 

includes at a minimum: date of incident; date investigation began; a description 

of the incident; the factors that contributed to the incident; and recommendations 

resulting from the investigation. The written summary shall indicate whether the 

cause of the incident and/or recommendations resulting from the investigation 

are specific only to the process or equipment involved in the incident, or are 

applicable to other processes or equipment at the stationary source. The incident 

investigation report shall be made available to the department upon request. 

(E) The stationary source shall establish a system to promptly address and 

resolve the incident report findings and recommendations. Resolutions and 

corrective actions shall be documented. 

(F) The report shall be reviewed with all affected personnel whose job tasks are 

relevant to the incident findings including contract employees where applicable. 

(G) Incident investigation reports shall be retained for five years. 

(10) Hot Work. 

(A) The stationary source shall issue a hot work permit for hot work operations 

conducted on or near a covered process. 

(B) The permit shall document that the fire prevention and protection 

requirements in Section 5189 of Title 8 of California Code Regulations have been 

implemented prior to beginning the hot work operations; it shall indicate the 

date(s) authorized for hot work; and identify the object on which hot work is to be 

performed. The permit shall be kept on file until completion of the hot work 

operations. 

(11) Contractors. 

(A) Application. This section applies to contractors performing maintenance or 

repair, turnaround, major renovation, or specialty work on or adjacent to a 

covered process. It does not apply to contractors providing incidental services 

which do not influence process safety, such as janitorial work, food and drink 

services, laundry, delivery or other supply services. 

(B) Stationary Source Responsibilities. 
(i) The stationary source, when selecting a contractor, shall obtain and evaluate 

information regarding the contract owner or operator's safety performance and 

programs. 

(ii) The stationary source shall inform contract owner or operator of the known 

potential fire, explosion, or toxic release hazards related to the contractor's work 

and the process. 

(iii) The stationary source shall explain to the contract owner or operator the 

applicable provisions of the emergency response program subsection (a)(12) of 

this section. 

(iv) The stationary source shall develop and implement safe work practices 

consistent with subsection (a)(2) of this section to control the entrance, presence, 

and exit of the contract owner or operator and contract employees in covered 

process areas. 

(v) The stationary source shall periodically evaluate the performance of the 

contract owner or operator in fulfilling their obligations as specified in subsection 

(a)(11)(C) of this section. 

(C) Contract Owner or Operator Responsibilities. 

(i) The contract owner or operator shall assure that each contract employee is 

trained in the work practices necessary to safely perform his/her job. 

(ii) The contract owner or operator shall assure that each contract employee is 

instructed in the known potential fire, explosion, or toxic release hazards related 

to his/her job and the process, and the applicable provisions of the emergency 

action plan. 

(iii) The contract owner or operator shall document that each contract employee 

has received and understood the training required by this section. The contract 

owner or operator shall prepare a record which contains the identity of the 

contract employee, the date of training, and the means used to verify that the 

employee understood the training. 
(iv) The contract owner or operator shall assure that each contract employee 

follows the safety rules of the stationary source including the safe work practices 

required by subsection (a)(2) of this section. 

(v) The contract owner or operator shall advise the stationary source of any 

unique hazards presented by the contract owner or operator's work, or of any 

hazards found by the contract owner or operator's work. 

(12) Emergency Response Program. 

(A) The stationary source shall develop and implement an emergency response 

program for the purpose of protecting public health and the environment. Such 

program shall include the following elements: 

(i) An emergency response plan, which shall be maintained at the stationary 

source and contain at least the following elements: procedures for informing the 

public and local emergency response agencies about accidental releases, 

emergency planning, and emergency response; documentation of proper first-aid 

and emergency medical treatment necessary to treat accidental human 

exposures; and procedures and measures for emergency response after an 

accidental release of a regulated substance; 

(ii) Procedures for the use of emergency response equipment and for its 

inspection, testing, and maintenance, including documentation of inspection, 

testing, and maintenance; 

(iii) Training for all employees in relevant procedures and the incident command 

system; and 

(iv) Procedures to review and update, as appropriate, the emergency response 

plan to reflect changes at the stationary source and ensure that employees are 

informed of changes. 

(B) A written plan that complies with other federal contingency plan regulations 

or is consistent with the approach in the National Response Team's Integrated 

Contingency Plan Guidance ("One Plan") and that, among other matters, 

includes the elements provided in subsection (a)(12)(A) of this section, shall 
satisfy the requirements of this section if the stationary source also complies with 

subsection (a)(12)(C) of this section. 

(C) The emergency response plan developed under this section shall be 

coordinated with the community emergency response plan developed under 42 

U.S.C. Section 11003. Upon request of the local emergency planning committee 

or emergency response officials, the stationary source shall promptly provide to 

the local emergency response officials information necessary for developing and 

implementing the community emergency response plan. 

(D) The stationary source whose employees will not respond to accidental 

releases of regulated substances need not comply with subsections (a)(12)(A) 

through (a)(12)(C) of this section provided that they meet the following: 

(i) For stationary sources with any regulated toxic substance held in a process 

above the threshold quantity, the stationary source is included in the community 

emergency response plan developed under Section 11003 of Title 42 of the 

United States Code (USC); or 

(ii) For stationary sources with only regulated flammable substances held in a 

process above the threshold quantity the stationary source has coordinated 

response actions with the local fire department; and 

(iii) Appropriate mechanisms are in place to notify emergency responders when 

there is a need for a response. 

(13) Safety Program Management. 

(A) The owner or operator of a stationary source subject to this chapter shall 

develop a management system to oversee the implementation of the safety 

program elements. 

(B) The owner or operator shall assign a qualified person or position that has 

the overall responsibility for the development, implementation, and integration of 

the safety program elements. 

(C) When responsibility for implementing individual requirements of this chapter 

is assigned to persons other than the person identified under subsection 

(a)(13)(B) of this section, the names or positions of these people shall be 
documented and the lines of authority defined through an organization chart or 

similar document. 

(b) Human Factors Program. 

(1) Stationary sources shall develop a written human factors program that 

follows the human factors guidance document developed or adopted by the 

department. The program shall be developed within one year following the 

issuance of the Contra Costa County guidance documents, the effective date of 

the ordinance codified in this section, or as otherwise allowed by this chapter, 

whichever is later. The human factors program shall address: 

(A) The inclusion of human factors in the process hazards analysis process; 

(B) The consideration of human systems as causal factors in the incident 

investigation process for major chemical accidents or releases or for an incident 

that could reasonably have resulted in a major chemical accident or release; 

(C) The training of employees in the human factors program; 

(D) Operating procedures; 

(E) Maintenance safe work practice procedures and maintenance procedures 

for specialized equipment, piping, and instruments, no later than June 30, 2011; 

and 

(F) The requirement to conduct a management of change prior to staffing 

changes for changes in permanent staffing levels/reorganization in operations, 

maintenance, health and safety, or emergency response. This requirement shall 

also apply to stationary sources using contractors in permanent positions in 

operations and maintenance. Prior to conducting the management of change, the 

stationary source shall ensure that the job function descriptions are current and 

accurate for the positions under consideration. Staffing changes that last longer 

than ninety days are considered permanent. Temporary changes associated with 

strike preparations shall also be subject to this requirement. Employees and their 

representatives shall be consulted in the management of change. 

(2) Employees and their representatives shall participate in the development of 

the written human factors program. 
(3) The program shall include, but not be limited to, issues such as staffing, 

shiftwork and overtime. 

(4) A description of the human factors program subsections (b)(1) through (b)(3) 

of this section shall be included in the safety plan prepared by the stationary 

source. 

(c) Root Cause Analysis and Incident Investigation. 

(1) Stationary sources shall conduct a root cause analysis for each major 

chemical accident or release which occurs after the effective date of the 

ordinance codified in this chapter. Stationary sources shall periodically update 

the department on facts related to the release or incident, and the status of a root 

cause analysis conducted pursuant to this section, at meetings scheduled by the 

department in cooperation with the stationary source. To the maximum extent 

feasible, the department and the stationary source shall coordinate these 

meetings with other agencies with jurisdiction over the stationary source. Within 

thirty days of completing a root cause analysis performed pursuant to this 

section, the stationary source shall submit to the department a final report 

containing that analysis, including recommendations to be implemented to 

mitigate against the release or incident reoccurring, if any, and a schedule for 

completion of resulting recommendations. The department may require the 

stationary source to submit written, periodic update reports at a frequency not to 

exceed every thirty days until the final report is submitted. The methodology of 

the root cause analysis shall be one of the methodologies recognized by the 

Center for Chemical Process Safety or shall be reviewed by the department to 

determine substantial equivalency. 

(2) The department may elect to do its own independent root cause analysis or 

incident investigation for a major chemical accident or release. If the department 

elects to conduct a root cause analysis or incident investigation the stationary 

source shall cooperate with the department by providing the following access and 

information in a manner consistent with the safety of department and stationary 
source personnel and without placing undue burdens on the operation of the 

stationary source: 

(i) Allow the department to investigate the accident site and directly related 

facilities such as control rooms, physical evidence and where practicable the 

external and internal inspection of equipment; 

(ii) Provide the department with pertinent documentation; and 

(iii) Allow the department to conduct independent interviews of stationary source 

employees, subject to all rights of the stationary source and employees to be 

represented by legal counsel and/or management and union representatives 

during such interviews. If in the course of the department's root cause analysis or 

incident investigation access is required to areas of the stationary source which 

in the judgment of the stationary source requires personnel entering the area to 

use protective equipment and/or have specialized training the department shall 

provide its personnel with such equipment and training. To the maximum extent 

feasible, the department shall coordinate any root cause analysis or incident 

investigation it conducts with investigations conducted by other agencies with 

jurisdiction over the stationary source to minimize the adverse impacts on the 

stationary source and/or its employees. 

(3) No part of the conclusions, findings or recommendations of the root cause 

analysis conducted by the department or stationary source, or incident 

investigation conducted by the department, relating to any major chemical 

accident or release or the investigation thereof shall be admitted as evidence or 

used in any action or suit for damages arising out of any matter mentioned in 

such report. 

(d) Process Hazard Analysis/Action Items. 

(1) Process hazard analyses will be conducted for each of the covered 

processes according to one of the following methods: What-If, Checklist, WhatIf/Checklist, Hazard and Operability Study (HAZOP), Failure Mode and Effects 

Analysis (FMEA), fault tree analysis or an appropriate equivalent methodology 

approved by the department prior to conducting the process hazard analysis. The 
process hazard analysis shall be appropriate to the complexity of the covered 

process and shall identify, evaluate, and control the hazards involved in the 

covered process. The process hazard analysis shall address: the hazards of the 

process; the identification of any previous incident which had a likely potential for 

catastrophic consequences; engineering and administrative control applicable to 

the hazards and their interrelationships such as appropriate application of 

detection methodologies to provide early warning of releases (acceptable 

detection methods might include process monitoring and control instrumentation 

with alarms, and detection hardware such as hydrocarbon sensors); 

consequences of failure of engineering and administrative controls; covered 

process and stationary source siting; human factors; and a qualitative evaluation 

of a range of the possible safety and health effects of failure of controls. PHAs 

should also include consideration of external events except for seismic analyses, 

which are only required when criteria listed in subsection (d)(2) of this section are 

satisfied. All process hazard analyses shall be performed by a team with 

expertise in engineering and process operations, and the team shall include at 

least one employee who has experience and knowledge specific to the process 

being evaluated. Also, one member of the team must be knowledgeable in the 

specific process hazard analysis methodology being used. 

(2) The process hazard analyses shall be conducted within one year of the 

effective date of the ordinance codified in this chapter and no later than the 

submittal date of the safety plan. Previously completed process hazard analyses 

that comply with the California Code of Regulations, Title 8, Section 5189, and/or 

the California Code of Regulations, Title 19, Section 2760.2 are acceptable for 

the purposes of this chapter. Process hazard analyses shall be updated and 

revalidated at least once every five years after completion of the initial process 

hazard analysis. Updated and revalidated process hazard analyses completed to 

comply with the California Code of Regulations, Title 8, Section 5189, and/or the 

California Code of Regulations, Title 19, Section 2760 are acceptable for meeting 

the update and revalidation requirement. Seismic events shall be considered for 
processes containing a substance defined in the California Code of Regulations, 

Title 19, Chapter 4.51, Section 2770.5, if the distance to the nearest public 

receptor for a worst case release scenario specified by the California Code of 

Regulations, Title 19, Chapter 4.5, Section 2750.3 is within the distance to a toxic 

or flammable endpoint as defined in California Code of Regulations, Title 19, 

Chapter 4.5, Section 2750.2(a). 

(3) For all covered processes, the stationary source shall consider the use of 

inherently safer systems in the development and analysis of mitigation items 

resulting from a process hazard analysis and in the design and review of new 

processes and facilities. The stationary source shall select and implement 

inherently safer systems to the greatest extent feasible. If a stationary source 

concludes that an inherently safer system is not feasible, the basis for this 

conclusion shall be documented in meaningful detail. This documentation shall 

include (1) sufficient evidence to demonstrate to the County’s satisfaction that 

implementing this inherently safer system is impractical, and (2) the reason for 

this conclusion. A claim of “financial infeasibility” shall not be based solely on 

evidence of reduced profits or increased cost, but rather shall include evidence 

that the financial impacts would be sufficiently severe to render the inherently 

safer system as impractical.

(4) For all covered processes, the stationary source 

shall document the decision made to implement or not implement all process 

hazard analysis recommended action items and the results of recommendations 

for additional study. The stationary source shall complete recommended actions 

from the initial PHA's and from PHA revalidations, identified by the process 

hazard analysis and selected for implementation by the stationary source as 

follows: all actions not requiring a process shutdown shall be completed within 

one year after submittal of the safety plan; all actions requiring a process 

shutdown shall be completed during the first regularly scheduled turnaround of 

the applicable process subsequent to one year after submittal of the safety plan 

unless the stationary source demonstrates to the satisfaction of the department 

that such a schedule is infeasible. For recommended actions not selected for 
implementation, the stationary source shall include the justification for not 

implementing the recommended action. For all covered processes, the stationary 

source shall retain documentation of closure, and any associated justifications, of 

actions identified by the process hazard analysis. The stationary source shall 

communicate the actions to operating, maintenance, and other employees whose 

work assignments are in the process and who may be affected by the 

recommendations or actions. Any documentation justifying a decision not to 

implement a process hazard analysis recommendation action shall include (1) 

sufficient evidence to demonstrate to the County’s satisfaction that implementing 

this action is impractical, and (2) the reason for this conclusion. A claim of 

“financial infeasibility” shall not be based solely on evidence of reduced profits or 

increased cost, but rather shall include evidence that the financial impacts would 

be sufficiently severe to render the improvement as impractical.

(e) Accident History. 

(1) The stationary source shall include an accident history in the safety plan of 

all major chemical accidents or releases from June 1, 1992, through the date of 

safety plan submittal to the department. For each major chemical accident or 

release the stationary source shall report the following information, to the extent 

known: 

Date, time and approximate duration of the release; 

Chemicals released; 

Estimated quantity released in pounds; 

Type of release event and its source; 

Weather conditions at the time of the release; 

On-site impacts; 

Known off-site impacts; 

Initiating event and contributing factors; 

Root cause(s); 

Whether off-site responders were notified; and 
Operational or process changes that resulted from the investigation of the 

release. 

(2) The stationary source shall annually submit a report of the accident history 

to the department. The first report shall be due two years after the effective date 

of the ordinance codified in this chapter, and subsequent reports shall be due by 

June 30th of each year. 

(f) Certification. The owner or operator shall submit in the safety plan a single 

certification that, to the best of the signer's knowledge, information, and belief 

formed after reasonable inquiry, the information submitted is true, accurate, and 

complete. 

(g) Security and Vulnerability Assessment. Each stationary source shall perform 

and document a security and vulnerability assessment as defined in the Contra 

Costa County CalARP program guidance document, by June 30, 2007, and at 

least once every five years after the initial assessment, or as prescribed by 

federal regulation. The stationary source shall document its process for assuring 

that recommendations are addressed. 

(h) Safety Culture Assessment. The stationary source shall conduct a safety 

culture assessment. The assessment shall be based upon a method listed in the 

Contra Costa County CalARP program guidance document or shall be reviewed 

by the department to determine substantial equivalency. The initial assessment 

shall be performed by one year following the revisions to the Industrial Safety 

Ordinance guidance document that addresses the safety culture assessment, 

and at least once every five years thereafter. The safety culture assessment will 

be reviewed during the audit and inspection of the stationary source. The 

department may perform its own safety culture assessment after a major 

chemical accident or release or the occurrence of any incident that could 

reasonably have led to a major chemical accident or release, or based on 

department audit results of the stationary source. 

(Ords. 2006-22 § 5, 2000-20 § 1, 98-48 § 2). 

450-8.018 - Review, audit and inspection.
(a) Upon submission of a safety plan by the stationary source, the department 

shall review the safety plan to determine if all the elements required by Section 

450-8.016 of this chapter are included and complete. The department shall 

provide to the stationary source a written notice of deficiencies, if any. The 

stationary source shall have sixty calendar days from receipt of the notice of 

deficiencies to make any corrections. The stationary source may request, in 

writing, a one-time thirty-day calendar day extension to correct deficiencies. By 

the end of the sixty calendar days or any extension period, the stationary source 

shall resubmit the revised safety plan to the department. After the department 

determines that the safety plan is complete, the department shall schedule a 

public meeting on the stationary source's safety plan to explain its contents to the 

public and take public comments. Public comments on the safety plan shall be 

taken by the department for a period of forty-five days after the safety plan is 

made available to the public. The department shall schedule a public meeting on 

the stationary source's safety plan during the forty-five day comment period. The 

public meetings shall be held in the affected community on evenings or 

weekends. The department shall respond in writing to all written comments 

received during the forty-five day comment period and to all oral comments 

received and not addressed at the public meeting. The department shall make 

portions of the safety plan, which are not protected trade secret information, 

available to the public for the public meeting. 

(b) (1) The department shall, within one year of the submission of the stationary 

source's safety plan, conduct an initial audit and inspection of the stationary 

source's safety program to determine compliance with this chapter. Based upon 

the department's review of the safety plan and the audit and inspection of the 

stationary source, the department may require modifications or additions to the 

safety plan submitted by the stationary source, or safety program to bring the 

safety plan or safety program into compliance with the requirements of this 

chapter. Any determination that modifications or additions to the safety plan or 

safety program are required shall be in writing, collectively referred to as the 
"preliminary determination." The preliminary determination shall explain the basis 

for the modifications or additions required to bring the safety plan or safety 

program into compliance with the requirements of this chapter and provide a 

timetable for resolution of the recommendations. The preliminary determination 

shall be mailed to the stationary source. 

(2) The stationary source shall respond in writing to the preliminary 

determination issued by the department. The response shall state that the 

stationary source will incorporate into the safety plan or safety program the 

revisions contained in the preliminary determination or shall state that the 

stationary source rejects the revisions; in whole or in part. For each rejected 

revision, the stationary source shall explain the basis for rejecting such revision. 

Such explanation may include substitute revisions. 

(3) The stationary source's written response to the department's preliminary 

determination shall be received by the department within ninety days of the 

issuance of the preliminary determination or such shorter time as the department 

specifies in the preliminary determination as being necessary to protect public 

health and safety. Prior to the written response being due and upon written 

request from the stationary source, the department may provide, in writing, 

additional time for the response to be received. 

(4) After receiving the written response from the stationary source, the 

department shall issue a public notice pursuant to the department's public 

participation policy and make portions of the safety plan, the preliminary 

determination and the stationary source's responses, which are not protected 

trade secret information, available for public review. Public comments on the 

safety plan shall be taken by the department for a period of forty-five days after 

the safety plan, the preliminary determination and the stationary source's 

responses are made available to the public. The department shall schedule a 

public meeting on the stationary source's safety plan during the forty-five day 

comment period. The public meetings shall be held in the affected community on 

evenings or weekends. The department shall respond in writing to all written 
comments received during the forty-five day comment period and to all oral 

comments received and not addressed at the public meeting. 

(c) Based upon the department's preliminary determination, review of the 

stationary source's responses and review of public comments on the safety plan, 

the preliminary determination and the stationary source's responses, the 

department may require modifications or additions to the safety plan submitted 

by the stationary source or safety program to bring the safety plan or safety 

program into compliance with the requirements of this chapter. Any determination 

that modifications or additions to the safety plan or safety program are required, 

and any determination that no modifications or additions to the safety plan or 

safety program are required shall be in writing (collectively referred to as "final 

determination"), shall be mailed to the stationary source and shall be made 

available to the public. The department may not include in a final determination 

any requirements to a safety plan or safety program that would cause a violation 

of, or conflict with, any state or federal law or regulation or a violation of any 

permit or order issued by any state or federal agency. 

(d) Within thirty days of the department's final determination, the stationary 

source and/or any person may appeal the final determination to the board of 

supervisors pursuant to Chapter 14-4 of this code by a verified written notice of 

appeal filed with the clerk of the board of supervisors and payment of the 

applicable appeal fee. The appeal must be limited to issues raised during the 

public comment period. The notice shall state the grounds for any such appeal, 

including (i) the reasoning that the appeal is necessary because the stationary 

source is in compliance with this chapter, or (ii) the reasoning that the appeal is 

necessary to bring the stationary source into compliance with this chapter. In 

acting on the appeal, the board shall have the same authority over the final 

determination as the department. The board may require modifications or 

additions to the safety plan or safety program to bring the safety plan or safety 

program into compliance with the requirements of this chapter. The board may 

not include in its decision on the final determination any requirements to a safety 
plan or safety program that would cause a violation of, or conflict with, any state 

or federal law or regulation or a violation of any permit or order issued by any 

state or federal agency. The decision of the board of supervisors shall be final 

with respect to the final determination. 

(e) The safety plan shall be valid for a period of three years from the date of 

receipt by the department and shall be reviewed and updated by the stationary 

source every three years pursuant to the requirements of this chapter. Any 

revisions to the safety plan as a result of the review and update shall be 

submitted to the department and shall be subject to the provisions of this section. 

(f) The department may, within thirty days of a major chemical accident or 

release, initiate a safety inspection to review and audit the stationary source's 

compliance with the provisions of Section 450-8.016 of this chapter. The 

department shall review and audit the stationary source's compliance with the 

provisions of Section 450-8.016 of this chapter at least once every three years. 

The department may audit the stationary source based upon any of the following 

criteria: accident history of the stationary source, accident history of other 

stationary sources in the same industry, quantity of regulated substances present 

at the stationary source, location of the stationary source and its proximity to the 

public and environmental receptors, the presence of specific regulated 

substances, the hazards identified in the safety plan, a plan for providing neutral 

and random oversight, or a complaint from the stationary source's employee(s) or 

their representative. The stationary source shall allow the department to conduct 

these inspections and audits. The department, at its option, may select an 

outside consultant to assist in conducting such inspection. 

(g) Within thirty days of a major chemical accident or release the department 

may commence an incident safety inspection with respect to the process 

involved in the incident pursuant to the provisions of Section 450-8.016(c) of this 

chapter. 

(h) (1) Based upon the department's audit, safety inspection or an incident 

inspection, the department may require modifications or additions to the safety 
plan submitted by the stationary source or safety program to bring the safety plan 

or safety program into compliance with the requirements of this chapter. Any 

determination by the department shall be in writing and shall be mailed to the 

stationary source (referred to as the "notice of findings"). The stationary source 

shall have sixty calendar days from receipt of the notice of findings to make any 

corrections. The stationary source may request, in writing, a one-time thirty-day 

calendar day extension to make corrections. The department may not include in 

its notice of findings requirements to a safety plan or safety program that would 

cause a violation of, or conflict with, any state or federal law or regulation or a 

violation of any permit or order issued by any state or federal agency. The notice 

of findings made by the department will be available to the public. 

(2) Within thirty days of the department's notice of findings, the stationary 

source and/or any person may appeal the notice of findings to the board of 

supervisors pursuant to Chapter 14-4 of this code by a verified written notice of 

appeal filed with the clerk of the board of supervisors and payment of the 

applicable appeal fee. The appeal must state the grounds for any such appeal, 

including (i) the reasoning that the appeal is necessary because the stationary 

source is in compliance with this chapter, or (ii) the reasoning that the appeal is 

necessary to bring the stationary source into compliance with this chapter. In 

acting on the appeal, the board shall have the same authority over the notice of 

findings as the department. The board may require modifications or additions to 

the safety plan or safety program to bring the safety plan or safety program into 

compliance with the requirements of this chapter. The board may not include in 

its decision on the notice of findings any requirements to a safety plan or safety 

program that would cause a violation of, or conflict with, any state or federal law 

or regulation or a violation of any permit or order issued by any state or federal 

agency. The decision of the board of supervisors shall be final with respect to the 

notice of findings. 

(i) Nothing in this section shall preclude, limit, or interfere in any way with the 

authority of the county to exercise its enforcement, investigatory, and information 
gathering authorities under any other provision of law nor shall anything in the 

chapter effect or diminish the rights of the stationary source to claim legal 

privileges such as attorney client privilege and/or work product with respect to 

information and/or documents required to be submitted to or reviewed by the 

department. 

(Ords. 2006-22 § 6, 98-48 § 2). 

450-8.020 - Trade secret.

The disclosure of any trade secret information required by this chapter shall be 

governed by California Health and Safety Code Section 25538, as amended from 

time to time, or as otherwise protected or required by law. 

(Ord. 98-48 § 2). 

450-8.022 - Hazardous materials ombudsperson. 

The department shall continue to employ an ombudsperson for hazardous 

materials programs. The ombudsperson will serve as a single point of contact for 

people who live or work in Contra Costa County regarding environmental health 

concerns, questions, and complaints about hazardous materials programs. The 

ombudsperson will be empowered to identify and solve problems and make 

recommendations to the department. The ombudsperson's role will be one of 

investigating concerns and complaints, facilitating their resolution and assisting 

people in gathering information about programs, procedures, or issues. The 

ombudsperson may retain appropriate technical experts in order to fulfill technical 

assistance requests from members of the public. The cost of experts may be 

funded through programs established by the U.S. EPA or other appropriate 

entities. 

(Ords. 2000-20 § 2, 98-48 § 2). 

450-8.024 - Public information bank.

The department shall collect and provide ready access, including the use of 

electronic accessibility as reasonably available, to public documents which are 

relevant to the goals of this chapter, including at a minimum, business plan 

inventories and emergency response plans, risk management plans, safety 
plans, and department incident reports. This section shall not apply to trade 

secret information or other information protected from disclosure under federal or 

state law. The public information bank shall be completed by December 31, 

2000. 

(Ord. 98-48 § 2). 

450-8.026 - Fees.

The department may, upon a majority vote of the board of supervisors, adopt a 

schedule of fees to be collected from each stationary source subject to the 

requirements of this chapter. Any review, inspection, audit fee schedule shall be 

set in an amount sufficient to pay only those costs reasonably necessary to carry 

out the requirements of this chapter, including costs of staff and/or consultant 

time or public hearings and administrative overhead. The fee schedule shall 

include the cost of the ombudsperson position. 

(Ord. 98-48 § 2). 

450-8.028 - Penalties. 

Regardless of the availability of other civil or administrative remedies and 

procedures for enforcing this chapter, every act or condition prohibited or 

declared unlawful by this chapter, and every knowing or wilful failure or omission 

to act as required herein, is a violation of this code and shall be punishable 

and/or subject to enforcement pursuant to the provisions of Chapter 14-67 of the 

County Ordinance Code specifically including but not limited to Article 14-6.4 

(public nuisance), and Article 14-8 (criminal enforcement), as misdemeanors or 

infractions. 

(Ord. 98-48 § 2). 

450-8.030 - Annual performance review and evaluation.

(a) The department shall annually: (1) review its activities to implement this 

chapter, and (2) evaluate the effectiveness of this chapter in achieving its 

purpose and goals pursuant to Section 450-8.004 of this chapter. 

(b) An annual performance review and evaluation report shall be prepared by 

the department based upon the previous fiscal year's activities and shall be 
submitted to the board of supervisors on or before October 31, 2000 and each 

year thereafter. The report shall contain: 

(1) A brief description of how the department is meeting the requirements of this 

chapter as follows: (i) effectiveness of the department's program to ensure 

stationary source compliance with this chapter; (ii) effectiveness of the 

procedures for records management; (iii) number and type of audits and 

inspections conducted by the department pursuant to this chapter; (iv) number of 

root cause analyses and/or incident investigations conducted by the department; 

(v) the department's process for public participation; (vi) effectiveness of the 

public information bank, including status of electronic accessibility; (vii) 

effectiveness of the hazardous materials ombudsperson; (viii) other required 

program elements necessary to implement and manage this chapter. 

(2) A listing of all stationary sources covered by this chapter, including for each: 

(i) the status of the stationary source's safety plan and program; (ii) a summary of 

all stationary source safety plan updates and a listing of where the safety plans 

are publicly available; (iii) the annual accident history report submitted by the 

stationary source pursuant to Section 450-8.016(e)(2) of this chapter; (iv) a 

summary, including the status, of any root cause analyses conducted or being 

conducted by the stationary source and required by this chapter, including the 

status of implementation of recommendations; (v) a summary, including the 

status, of any audits, inspections, root cause analyses and/or incident 

investigations conducted or being conducted by the department pursuant to this 

chapter, including the status of implementation of recommendations; (vi) 

description of inherently safer systems implemented by the stationary source; 

and (vii) legal enforcement actions initiated by the department, including 

administrative, civil, and criminal actions pursuant to this chapter. 

(3) Total penalties assessed as a result of enforcement of this chapter. 

(4) Total fees, service charges, and other assessments collected specifically for 

the support of this chapter. 
(5) Total personnel and personnel years utilized by the jurisdiction to directly 

implement or administer this chapter. 

(6) Comments from interested parties regarding the effectiveness of the local 

program that raise public safety issues. 

(7) The impact of the chapter in improving industrial safety. 

(c) The department shall provide a copy of the annual performance audit 

submission required by Title 19 Chapter 4.5 Section 2780.5 of the California 

Code of Regulations to the board of supervisors on or before October 31st of 

each year. 

(Ords. 2006-22 § 7, 98-48 § 2). 

450-8.032 - Construction.

Notwithstanding any other provision of this code and for the purposes of this 

chapter wherever it provides that the department shall act, such direction in all 

instances shall be deemed and is directory, discretionary and permissive and not 

mandatory. 

(Ord. 98-48 § 2).