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HomeMy WebLinkAbout1994-372 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . RESOLUTION NO. 94-372 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A HOLD HARMLESS AGREEMENT WITH THE CITY OF LONG BEACH FOR THE DESTRUCTION OF NARCOTIC EVIDENCE. WHEREAS, it is necessary that narcotics seized by the City of San Bernardino Police Department be destroyed and, WHEREAS, the City of Long Beach operates a state facility, the Southeast Resource Receiving Facility, destruction (by burning) of such narcotics and, licensed for the WHEREAS, the City of Long Beach is willing to destroy such narcotics at no charge to the City of San Bernardino upon execution of a "Hold Harmless" Agreement. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Chief of Police of the City of San Bernardino is hereby authorized to execute on behalf of said City, a "Hold Harmless" Agreement, attached hereto as Exhibit A, with the City of Long Beach relative to the destruction of narcotic evidence. The Chief of Police is further authorized to execute any such future agreements with the City of Long Beach provided the "Hold Harmless" Agreement is similar in form and substance. III III III III III III III III III III III 1 94-372 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A HOLD HARMLESS AGREEMENT WITH THE CITY OF LONG BEACH FOR THE DESTRUCTION OF NARCOTIC EVIDENCE. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 San Bernardino at a regular meeting thereof, held on the , 1994, by the following vote, to wit: 5th December day of Council Members: AYES NEGRETE ~ CURLIN ----1L- HERNANDEZ ----1L- OBERHELMAN ----1L- DEVLIN ----1L- POPE-LUDLAM NAYS ABSTAIN MILLER ----1L- c4i~ ~ The foregoing resolution is hereby approved this of Decemher , 1994. ~.~ / r:~ A'Ld\. Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY:~/ ./ - 2 ABSENT x 6th day " . \~_ QS ':) '-\ - '~'Yd-. ACKNOWLEDGEMENT AND RELEASE FOR GOOD AND VALUABLE CONSIDERATION, including the right to use the Southeast Resource Recovery Facility ("SERRF"), owned and operated by the City of Long Beach, for the disposal of solid waste in the form of controlled substances (also known as narcotics), the City of San Bernardino Police Department, in the State of California, (collectively herein referred to as "we" or "us" as the context requires) hereby ackno~ledges and accepts the terms and conditions established by SERRF in "The Southeast Resource Recovery Facility (SERRF) Procedure for Disposing of Narcotics" (hereinafter referred to as "procedure"). We further acknowledge and agree that if we fail to follow any procedure we shall be denied access to SERRF and our request to use SERRF shall be denied. WE HEREBY RELEASE, WAIVE, DISCHARGE, AND RELINQUISH THE CITY OF LONG BEACH, ITS OFFICIALS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGE, CAUSES OF ACTION, LOSS, OR LIABILITY ARISING FROM OR CONNECTED WITH THE CITY'S DENIAL OF ACCESS TO SERRF OR THE CITY'S DENIAL OF OUR REQUEST TO USE SERRF, WHETHER SAME SHALL ARISE BY NEGLIGENCE OR OTHERWISE. We further acknowledge that Section 895.2 of the California Government Code applies and that we and the City of Long Beach each assume the liability imposed on it, its officials, employees or agents for injury caused by a negligent or wrongful act or omission relating to the disposal of controlled substances at SERRF to the same extent that such liability would be imposed in the absence of Section 895.2. To that end, we shall defend, indemnify and hold harmless the City of Long Beach, its officials, employees, and agents and the city of Long Beach shall defend, indemnify and hold us harmless for any claim, demand, damage, cause of action, loss liability, cost or expense that may be imposed on either the City of Long Beach or us solely by virtue of Section 895.2. ACKNOWLEDGED AND AGREED: City- of San Bernardino Police Department ~ In the, ate of,cal),J~ ia By It Title: Chief of Police Date: 12/9/94 October 21, 1994 7007.177 I j " ; f' 94 372 City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: CAPTAIN RICHARDS II~ LT.D.KRAUS ~~ Larqe Seizure Narcotics Disposal Aqreement From: Subject: Date: 10-31-94 Copies: Risk Manaqement PROBLEM: The San Bernardino Sheriff's Office will no lonqer destroy our larqe narcotics seizures. The department seized 170 kilos of cocaine on 10-18-94 and the Sheriff's crime lab took temporary custody of it. Under aqreement between our department and the Sheriff's crime lab we must arranqe for. the disposal of 90 kilos of the seizure as soon as possible and the remaininq 80 kilos as soon as the court releases it. RECOMMENDATIONS: #1. That the City Attorney and Risk Manaqement review the "Acknowledqement and Release Form" from The City of Lonq Beach ("SERRF") and if approved submit as soon as possible to the City Council for ratification. #2. That once ratified._the Southeast Resource Recovery Facility ("SERRF~) be utilized to destroy the current 170 kilos of cocaine and future larqe seizures as needed. FINDINGS: #1. On 10-18-94 our department seized 170 kilos of cocaine. The Sheriff's Office Crime Lab informed us they would not be responsible for the destruction of this larqe seizure or any future larqe seizures. They aqreed to store the seizure only until we could arranqe for its distruction as soon as possible. #2. The City of Lonq Beach operates the only viable distruction faCility in California at this time. The Southeast Resource Recovery Facility ("SERRF") provides a furnace for this purpose upon appointment and with the following conditions; A. Our City must ratify and siqn an "Acknowledment and Release" form which must be presented at the time of the burn appointment. Since these types of narcotics are considered toxic waste this form is a standard liability requirement. j ; y 94 372 B. A narcotics destruction manifest form must accompany each shipment to be destroyed along with a prescribed number of armed officers for security and labor during distruction. (SERRF provides no manpower for loading narcotics into the furnace). C. A court order for each burn must be secured. One for our 170 kilos has already been secured. D. No fee is charged to our city as DOJ pays Long Beach for this service to local law enforcement. #3. Ogden Martin Systems of Stanilaus runs a distruction facility as well. That faCility is an overnight trip away and charges $2000 a ton to provide the same service Long Beach SERRF ptovides for free. Given the distance and expense we do not feel it is viable to our needs. ATTACHMENTS: #1. Informational Package from the City of Long Beach regarding Burning Narcotics At SERRF including the forms necessary for the agreement. #2. Interoffice memo from Chief Robbins to the City Attorney and Risk Management requesting review and approval of the ACknowledgement and Release form and the use of SERRF for narcotics burning. #3. Ogden Martin Systems of Stanislaus informational packet. 94-372 94 lil j,I,A AAAA CITY OF LONG BEACH DEPARTMENT OF PUBLIC WORKS 333 WEST OCEAN BOULEVARD . LONG BEACH. CALIFORNIA 90802 . (310) 570-6383 DATE: Lt. Dennis Kraus City of San Bernardino Police Department Post Office Box 1559 San Bernardino, California 92401 SUBJECT: NARCOTICS DESTRUCTION MANIFEST Dear Lt. Kraus: This will confirm that your department will burn narcotics at SERRF on , at a.m./p.m. Approximately pounds of drugs will be destroyed. Prior to the burn, SERRF must have a signed ACKNOWLEDGEMENT AND RELEASE from your organization. This will be the official record of the burn and remain on file at SERRF for inspection by permitting agencies and the public. List below the drugs and their weight in pounds which are to be burned: Please sign this letter and deliver it to SERRF on the day of the burn. Sincerely, Weight and Content Certified, For SERRF For the Responsible Agency 7007.177 AIRPORT BUREAU 4100 DONAW DOUGLAS DR. 90808 13101 570-2600 FAX 13101 570-2601 ENERGY RECOVERY BUREAU 120 HENRY FORD AVE. 90802 13101 57()'1196 fAX (3101570-1230 ENGINEERING BUREAU 333 W. OCEAN BlVD.. 9th FLOOR 90802 j3101570-6383 FAX 13101 57()'B012 INTEGRA TED RESOURCES BUREAU 2929 EAST WILLOW ST. 90806 (3101 570-2850 FAX 13101 570-2861 TOO (310) 570-2863 PUBLIC SERVICE BUREAU 1601 SAN FRANCISCO AVE. 90813 13101 570-2700 FAX (310) 570-2792 TOO (3101 570-2179 94;li Jv.~ AAAA CITY OF LONG BEACH DEPARTMENT OF PUBLIC WORKS 333 WEST OCEAN BOULEVARD . lONG BEACH, CALIFORNIA 90802 . (3101 570-6383 October 25, 1994 Lt. Dennis Kraus city of San Bernardino Police Department Post Office Box 1559 San Bernardino, California 92401 SUBJECT: NARCOTICS BURNING AT SERRF Dear Lt. Kraus: Enclosed is the following information related to burning narcotics at SERRF. 1) NARCOTICS DISPOSAL MANIFEST form letter 2) SERRF PROCEDURE FOR THE DESTRUCTION OF NARCOTICS 3) AUTHORITY TO SIGN DOCUMENT (sample letter) 4) ACKNOWLEDGEMENT AND RELEASE 5) MAP Our facility is prepared to destroy drugs at your request. Prior to scheduling a burn at our facility, there are two documents which need to be signed and returned to us: 1) An authorization letter on your letterhead signed by your legal advisor or risk manager (sample attached), authorizing a representative of your agency to sign the Acknowledgment & Release. 2) An Acknowledgement and Release form letter. DOCUMENT SHOULD NOT BE ALTERED OR RETYPED. THIS Once the two signed documents are received at phone Mechanical Engineering Associate Alan appointment to burn at (310) 570-1196. SERRF, you may Foley for an The Narcotics Disposal Manifest is to be completed by your agency each time you perform a narcotics destruction at this facility. Make copies of the original and retain it in your files. For each burn, fill out one copy to bring with you on the day of the burn, where it will be signed by a representative of your agency and a representative of SERRF. AIRPORT BUREAU 4100 DONALD DOUGLAS DR. 90808 (310157~2600 FAX (310) 570.2601 ENERGY RECOVERY BUREAU 120 HENRY FORO AVE. 90802 1310) 57().1196 FAX 13101 570.1230 ENGINEERING BUREAU 333 W. OCEAN BLVD., 9th FLOOR 90802 13101 570-6383 FAX 13101 57().8()12 INTEGRATED RESOURCES BUREAU 2929 EAST WILLOW ST. 90806 1310) 570-2850 FAX 13101 570-2861 TOO 13101 570-2863 PUBUC SERVICE BUREAU 1601 SAN FRANCISCO AVE. 90813 (3101570-2700 FAX (310) 570-2792 TOO 13tO) 570-2779 I 94 3;2 page 2 SUBJECT: NARCOTICS BURNING AT SERRF We look forward to cooperating with law enforcement agencies to destroy illegal drugs. sincerely, C~:::- :::::1 ~ Energy Recovery Bureau Manager CRT:ed A: DRUG/Covercty. doc 7007.177 I 1- 94 3~2 TlIB SOUTHEAST RESOURCB RECOVERY FACrLrTY (SBRRJ') PROCEDURE FOR THE DESTRUCTrOH OF NARCOTICS DAYS AND HOURS OF OPERATIONS SERRF is open to burning narcotics by appointment Monday through Friday from 8:30 a.m. to 3:30 p.m., weather and plant operations permitting. MINIMUM SECURITY FIVE HUNDRED POUNDS (500 LBS.) OR HORE. The following is the minimum security for any narcotics destruction in the amount of five hundred pounds (500 Ibs.) or more. o One armed sworn officer to monitor the actual dumping site. This is located on the 6th floor next to the chutes. o Two armed sworn officers to monitor the transportation of drugs from the transporting vehicle to the dumping site. o One armed sworn officer to monitor the unloading of the transporting vehicle located on the ground floor at the sallyport. o Two armed sworn officers to secure the area around the front of the sallyport in which the transporting vehicle parks. o It is also recommended that the sworn officers in and around the transporting vehicle each be armed with a minimum of a handgun and shotgun. , LESS THAN FIVE HUNDRED POUNDS (500 LBS.) For any narcotics destruction less than five hundred_pounds (500 Ibs.), a minimum of two (2) armed sworn officers are needed. These recommendations should be considered the -minimum security necessary for a narcotics burn. However, as the amount of narcotics to be burned goes up, so does the risk and naturally should the level of security. You will need additional personnel for transportation and disposal of the narcotics. . 94 3:2 ,- // NARCOTICS PROCBDURES PAGB 2 01' 3 APPOINTMENTS/ACCESS Appointments for burning must be made at least 3 days in advance by phoning the SERRF Operations Officer (310) 495-2666. At the time the appointment is made, the agency must advise SERRF of the total weight of narcotics to be burned. On the day of the burn, the Narcotics Destruction Manifest must be complete and hand delivered to SERRF. The Long Beach Police Department Watch Commander is to be notified of the burn by the contracting law enforcement agency. SERRF has three boilers. Normally a minimum of two of the three will be operating at any given time. Occasionally maintenance requires all boilers to be off line. Good combustion is difficult to maintain when wet trash is burned. Therefore, rain and maintenance schedules will be a factor in the SERRF Operations Officer's decision to schedule a burn. SERRF provides access to the facility but absolutely no labor, supervision, or tools for the handling and disposing of narcotics. The SERRF Mechanical Engineering Associate will coordinate activities with the Plant Operator. An observer will be present at all times to supervise feed rates. The agency destroying the drugs must provide all tools and furnishings such as dolly's, handcarts, wagons, gloves, eye protection, hard hats, dust masks, and security. In accordance with OSHArhard hats and appropriate eye, and body protection must be worn in the plant. The Plant's single elevator will be made available for moving narcotics from the ground floor> vehicle loading area to the 6th level boiler hopper inlet area. NARCOTICS AUTHORIZED FOR.'oISPOSAL Only narcotics listed in Exhibit I (attached)J!taY_be disposed of at SERRF. Note that liquid PCP may be burned provided that procedures listed below are followed. Blood, urine, and syringes may not be disposed of at SERRF. PROCEDURES/PREPARATION On the pre-arranged burn date the SERRF Operations Officer will meet the Law Enforcement Agency at Gate 113 (North Gate) of the site. He will familiarize the agency with the facility and designate the boiler(s) to be used. Before commencing the burn, the agency will deliver the signed NARCOTICS DISPOSAL MANIFEST (form letter attached) listing the weight and type of drugs to be _ burned. The list will clearly state the drugs by name and their packaged weights in pounds. The manifest shall be signed by the ! 1:/ {' 94 372 NARCOTICS PROCEDURES PAGE 3 01' 3 law enforcement agency officer in charge and the SERRF Mechanical Engineering Associate. It will be the basis of SERRF'S report to permitting agencies with regard to the amount and type of narcotics burned. The bags, envelopes, bricks or bales of organic narcotics listed in Exhibit I shall be clearly marked with the weight in pounds. The drugs will be fed to the boiler through the hopper at a rate of 500 pounds per grapple load of refuse. Bags, envelopes, bricks or bales of organic chemically altered narcotics, Exhibit I, shall be clearly marked with the weight in pounds. These drugs will be fed to the boiler through the hopper separately from organic drugs. The organic chemically altered feed rate is 250 pounds per grapple load of refuse. Organic and organic chemically altered substances that are packaged together will be burned at the rate of 250 pounds per grapple load. Placing of the drugs in the hopper will be done only by the burning agency. Liquid PCP may be burned in sealed polypropylene or polyethylene containers up to one quart in size. One gallon sealed polypropylene or polyethylene containers may be used if properly mixed with absorbant. We prefer that mixing take place off site. If liquid PCP is to be mixed or treated on site, it is to be handled on the crane control mezzanine deck south of boiler hopper #3. The responsible agency will provide the security to limit access to this area and will be responsible for all PCP mixing, treatment and Clean-up of the area. The feed rate for liquid PCP will be 2 gallons per grapple load of refuse. . The SERRF Mechanical Engineering Associate, or his designee, will monitor the disposal rate. FEES The disposal fee is paid annually by the State of California, Department of Justice. May 11, 1993 ,- 1/ I / 94 372 EXHIBIT I NARCOTICS TO BE DESTROYED ORGANIC Cocaine Marijuana Codeine Morphine Hashish Mushrooms Heroin Opium ORGANIC - CHEMICALLY ALTERED Amobarbital Methadone Percodan Amphetamine Methamphetamine Phenobarbital Barbiturates Methaqualone Quaaludes Benzadrine Methylenedioxymetamphetamine Seconal Dilaudid PCC steroids Fentanyl PCP - Liquid and Crystal Diazepam (China White) Halcion PentObarbital LSD Any of the salts, isomers & salts of isomers of the above listed controlled substances. - May 27, 1992 I 94 ...,-;q \J4'" Ij ;- TO: LAW ENFORCEMENT AGENCIES RE: USE OF THE SOUTHEAST RESOURCE RECOVERY FACILITY IR IDNG BEACH FOR THE BURNING OF CERTAIN CONTROT.T.P.D SOBSTAHCES. Before any law enforcement agency will be allowed to use SERRF, the attached "ACKNOWLEDGEMENT AND )lP.T.ll'll!':B" must be signed by an authorized representative of the law enforcement agency and must be on file at SERRF. HOW 00 YOU DETERMINE WHO IS AUTHORIZED TO SIGN? If you represent a police or sheriff's department in a city or a county, then you must seek the advice of your legal counsel (e.g., City Attorney or County Counsel) or Risk Management Department and secure their written acknowledgement that the person signing the document has the authority to act in the behalf of your agency. You should attach a copy of the written authorization to the "ACKNOWLEDGEMENT AND RELEASB". If you represent a department of the State of California or a department of the United states government, then you must attach evidence of your authority to sign. In any event, IF YOU HAVE ANY QUESTIONS regarding who is. authorized to sign, you must contact the City Attorney in your city or the County Counselor in your county. With respect to state agencies, contact the office of the state Attorney General or an attorney assigned to your agency: with respect to federal agencies, contact the U.S. Attorney or an attorney assigned to your agency. A: DRUG127. DOC May 27, 1992 . - ;,;. f' 94 372 /' Example Authorization Form: YOUR LETTERHEAD DATE city of Long Beach Energy Recovery Bureau 120 Henry Ford Avenue Long Beach, CA 90802 Attention: Charles R. Tripp Energy Recovery Bureau Manager SUBJECT: DESTRUCTION OF NARCOTICS Dear Sir: Please be advised that (OFFICER'S NAME) is authorized to sign the Release of Liability on behalf of (the name of vour aqencv), pertaining to the disposal of narcotics at the Southeast Resource Recovery Facility (SERRF). If you have any questions, please contact the undersigned at (area code) (phone number). Sincerely, (sionature of authorized Leqal Advisor or Risk Manaqer). '"' -~ ; ~)- '1 o~ 1611 0- ~ , .. .Ll!3I1J~ ~? 94 372 ~ '?:I3^1:, ~ OIl. aJ.ftO'll A~ 0/:>-9 , NOl ~s: ~Qo~ '" ," co~~ ~ - c ~ ~ ~ .. '" :;: . ~ ... ~ :I: o .1>- '. .:x & , 1: UI ~ ~ /j,t?t \ ! I- ... < l) u ... u u < Q. ) ~o -( - '-(, / , j : ) .. W - .,. A '2 "- :7 - .~ <.J \ 1-, <Il ~ \-' 0 '. \~ .. ,~.. 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CCJulAHT FROM: AMY WOLFE DATE: --- TO: CIliA). f'Jip!!!tf -.:::::'-- (j ft. ite, REF: Information Request Thank you for your time on the telephone discussing Ogden Martin Systems, Inc., a leading vendor in waste-to-energy incineration. We are pleased to offer your company secure destruction service for your nonhazardous waste streams, Enclosed please find information pertaining to Ogden Martin and our Resource Recovery Facility in Stanislaus County. Through our Supplemental Waste Program we can supply your company with a safe, environmentally sound disposal option. Our trained staff and state of the art incineration technology provide complete security and assures total destruction of your waste stream. - As is outlined in the enclosed oocuments, Ogden Martin Systems follows an approval process for all proposed waste streams which include a review of operating, environmental and business considerations and is centered in our Fairfield, NJ corporate office. Please review the attached information which describes the required element for approval of your waste stream and call me with any questions. (look forward to further discussing how Ogden Martin may provide for the disposal needs of your company. Please feel free to contact me at (209) 837-4423. cc: Frank Bossi .' rtO..... 7: 4 . _ .... .,.... 94 37? . MATERIAL SAFETY DATA SHEETS' OR PRODUCT INSERTS I. / P. Fo~ each material, either a MSDS or product Insert must be provided. Material Safety Data Sheets: MSOSs must be supplied for bulk raw materIals and whenever else available_ MSDSs must be current, complete, and legible. MSDSs are the preferred support for all approval requests. Package Inserts: Legible copies of package inserts must be supplied for items which are consumer products and pharmaceutical only when MSDSs are not legally required, Examples of items which may fall into this category are health care products, home pest Control products, cleaning products, cosmetics, etc. In some cases, legible copies of labels may be substituted where no MSDS or package inserts are available. List of all active and Inactive Ingredients must be completed on the material characterization form when package Inserts and labels are submitted. 5. LABORATORY ANALYTICAL RESULTS Laboratory analytical results will be required for all submittal lacking both MSDSs and package inserts. Also, analytical results may be required on a case by case basis, as determined by OMS staff. Analytical results submitted along with disposal requests should be current, legible and contain all required analysis. TCL? ANALYSIS: Attachment 1 presents the complete list of parameters required to establish Toxicity Characteristics (Code of Federal Regulations 261) using the TCLP extraction (EPA Method 1311). All submitted analysis must include the results for these contaminants. Acute Aquatic Toxicity (96 HOUR BIOASSAY): In California the Acute Aquatic Toxicity (California Code of Regulations Title 22 Section 66696) is also required. Other Analysis: In addition, flash point and pH determination are required. If you have any additional questions or comments regarding the Ogden Martin Systems approval process, please call me at (209) 837-4423. . ~ /;. /,-' 94 372 Ogden Martin Systems!of Stanislaus. ' . , I ~v-- !!1 REQUIRED ELEMENTS FOR SUPPLEMENTAL WASTE REQUEST PACKETS 1, SUMMARY lETTER The supplemental waste requesl is to be summarized in a letter detailing which OMS facility is to be utilized. origin of the waste. and type of waste. In addition. the generator must include a statement cenifying that the material is non-hazardous by state and federal regulations. Also, include a narrative description to further characterize the waste stream. Often, a simple description is as helpful as technical paperwork in characterizing a waste stream, Some examples of narrative descriptions: "Material Safety Data $he'ets are for original contents of empty container, and represent residual amounts." "Pharmaceutical material has been coated on animal feed." "Material is bulk packed into fiber drums." "Free liquids have been soaked into absorbent." Any commercial waste stream application must include a description of the industry generator and process which created the waste. As the approval of this type of waste stream will require direct generator contact. a contact name and telephone number Is also required. 2. ITEMIZED LIST If your requesl involves more than one item, the second page should contain a list of all waste materials. For consumer packaged deliveries, a listing of the material names is sufficient. For all other requests, the listing must include: a. Material Name b. Material State (liquid, granular, powder, tablet, etc.) c. Material Description (color. odor. etc.] This list will provide a summary of the request for the persons doing the review. Also it will be used for visual inspections during delivery. and eliminates the need for samples, except on special request. 3_ OGDEN MARTIN MATERIAL CHARACTERIZATION FORM An OMS material characterization form must be filled out for ~ component of the waste stream to be reviewed. As these forms are an essential tool in characterizing waste streams, accuracy and attention to detail are important. Incomplete OMS material characterization forms will be returned for completion.