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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Michael J. Conrad, Fire Chief
Subject: Resolution authorizing the City of San Bernardino
Fire Department to establish a Hazardous Materials
Investigation Unit.
Qpt:
Fire
Date:
July 8, 2008
MCtC Meeting Date:
July 21,2008
Synopsis oCPrevious Council Action:
RECOMMENDATION:
1. Adopt resolution, and
2. Authorize the Director of Finance to incorporate the revenues and expenditures associated with this program
I 0 mto tidY 2008-2009 FimU BwIgd, m """"",""..;th ohi, -_.
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Signature
Contact Person: Michael J. Conrad. Fire Chief Phone: (909) 384-5286
Supporting data attached: StaffReoort and Resolution Ward: City Wide
FUNDING REQUIREMENTS: Amount:
Source:
(Acct No.)
(Acct DescriDtion)
Finance:
Council Notes:
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Agenda Item No.
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STAFF REPORT
Subiect:
Resolution authorizing the City of San Bernardino Fire Department to establish a
Hazardous Materials Investigation Unit.
Back2round:
The illegal disposal of hazardous waste within the city is an issue that negatively affects
the environment, the health of the public, and the overall appearance of the city. The Fire
Department has begun taking positive steps to curb the trend of illegal disposal through
cooperative efforts with the San Bernardino County Environmental Crimes task Force
and the District Attorney's office.
This resolution win create a Fire Department based Hazardous Materials Investigation
Unit (HMIU). The HMIU win focus on tracking the source of illegally disposed of
hazardous materials, and facilitating legal action against the perpetrators.
Two of the department's hazardous materials specialists have been sent to the Federal
Law Enforcement Training Center's, Advanced Environmental Crimes Investigation
Course, and are qualified to carry out the program's activities.
Prol!:ram Summarv:
The Fire Department HMIU would have the responsibility and authority to investigate the
fonowing:
* Any Hazardous Materials Incidents that are suspected to have been caused by
negligence and or hazardous material violations
* Any illegal transporting, storing, and or dumping of Hazardous Materials and or
Hazardous Waste,
* Any businesses suspected of Hazardous Materials violations, and or Hazardous
Materials Permit violations.
Through a conaborative effort with the Fire Department, City Attorney's Office, Police
Department, Code Enforcement, Mayor's Office, and the City Council, the Hazardous
Materials Investigation Unit win play a major role in protecting the citizen's of San
Bernardino, and be a vital link to preserving the City's environment and reducing blight.
Most investigations leading to the successful prosecution of individuals and or businesses
guilty of environmental crimes win typically generate large fines. According to the
Health and Safety Code, the Investigating agency (San Bernardino City Fire) win be
awarded fifty percent of all fmes conected by the court. The Investigating Agency also
has the authority to impose cost recovery fees for each investigation.
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Preliminary research has also shown that many businesses in the City of San Bernardino
that possess Hazardous Materials and/or Hazardous Waste do not have the required
permit (Hazardous Materials Chemicals) per San Bernardino Ordinance MC-1130. Each
business found to be in violation would be required to obtain the proper permit and pay
the permit fee of$180.76 annually.
As of May 3, 2008, the HMIU Pilot Program has generated $15,000 paid to the city, with
an additional $16,000 pending in cost recovery fees. The HMIU investigators have filed
four (4) major cases with the DA's Office. The DA's Office has estimated the fines in
these cases to range between $10,000 -$25,000 each. These cases are currently pending in
court.
Financial Imoact:
In FY 07/08, the program generated $15,000 in revenue for the city. The collection of
fines were deposited into revenue account #001-000-4619 (State/County Disaster).
In FY 08/09, the program is estimated to generate $100,000 in revenue. Revenues will be
from fines for illegal dumping and collection of unpaid hazardous materials permit fees.
The cost of establishing the program on a full time basis is estimated at $25,000 per year.
This cost is primarily generated by paying for overtime coverage behind the two (2)
HMIU investigators and for overtime associated with HMIU investigations. In working
with the City Manager's Office, there is a grant available next year to offset this cost.
The California Integrated Waste Management Board grant will reimburse the city for all
hazardous materials investigations conducted in the city upon submittal of appropriate
documentation.
Fire is requesting that the Finance Department establish an account number to identify all
revenue and expenditures (salary) generated by establishing the HMIU program.
Recommendation:
1. Adopt resolution, and
2. Authorize the Director of Finance to incorporate the revenues and expenditures
associated with this program into the FY 2008-2009 Final Budget, in accordance with
this staff report.
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RESOLUTION NO.
2 RESOLUTIGN OFl'HE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE
3 DEPARTMENT TO ESTABLISH A HAZARDOUS MATERIALS INVESTIGATION UNIT.
4 . --WHEREAS, the City of San Bernardino Fire Department has developed the Hazardous
5 Materials Investigation Unit program; and,
6 WHEREAS, the Hazardous Materials Investigation Unit was developed to track the source
7 of illegal disposal of hazardous waste within the City of San Bernardino and facilitating legal action
8 against the perpetrators; and,
9 WHEREAS, a pilot program was instituted on May 3, 2008 and proved effective.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
11 SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. The Mayor and Common Council does hereby authorize the establishment
13 of the Hazardous Investigations Unit in the San Bernardino Fire Department.
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KELLEY
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JOHNSON
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0 MC CAMMACK
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1 . RESOLUTION AUTBORlZINGTHECITYOF SAN BERNARDINO FIRE DEPARTMENT
TO ESTABLISH A HAZARDOUS MATERIALS INVESTIGATION UNIT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
5 of
, 2008, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2008.
PATRICKJ. MORRIS, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
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