To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: Agreement Delegating Hazardous Materials Administration And Enforcement to the Contra Costa County Fire Protection District
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Acting as the County Board of Supervisors:
APPROVE and AUTHORIZE the Health Services Director or designee to enter into an agreement with the Fire Chief or designee delegating County administration and enforcement of the six statewide environmental and emergency response programs regarding hazardous materials, collectively known as the Certified Unified Program Agency (“CUPA”), as well as the County’s industrial safety ordinance (“ISO”).
Acting as the Fire District Board of Directors:
APPROVE and AUTHORIZE the Fire Chief or designee to enter into an agreement with the Contra Costa County Health Department delegating County administration and enforcement of the six statewide environmental and emergency response programs regarding hazardous materials, collectively known as the Certified Unified Program Agency (“CUPA”), as well as the County’s industrial safety ordinance (“ISO”).
FISCAL IMPACT:
There is no fiscal impact for this action. No monetary consideration is being paid by the County or Fire Protection District.
BACKGROUND:
On December 4th, 1995, the Board of Supervisors authorized the County Health Officer to submit Contra Costa County’s application to become the CUPA. The county designated the Health Services Department as the Administering Agency of the CUPA for all of Contra Costa County on or effective December 17, 1985.
The original CUPA application was submitted to CalEPA in late 1995/early 1996. A public hearing was held on October 23, 1996, to discuss the County's intention to become the CUPA for all of Contra Costa County. On December 31, 1996, CalEPA issued a letter to Contra Costa County certifying the County as the CUPA effective January 1, 1997.
The Hazardous Materials Programs (“HMP”) has historically been housed within the Contra Costa Health Department (“CCH”) and has been administering and enforcing CUPA responsibilities since 1997, which, pursuant to Cal Health & Saf Code §§ 25505 et seq, include (1) hazardous materials business planning; (2) underground storage tank regulation; (3) above ground petroleum storage regulation; (4) hazardous waste permitting; (5) California accidental release prevention (CalARP), and; (5) hazardous materials management planning . Over the last 29 years, HMP has cultivated a robust organization and the staffing required to adapt to the changes in the CUPA programs and additional regulations. The transition to the District keeps the programs and staffing intact.
On March 28, 2000, the Board adopted what is known today as the Industrial Safety Ordinance (Chapter 450-8) (“ISO”). This was driven by incidents in Contra Costa County at industrial chemical, petrochemical, and oil industry facilities that 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. The Contra Costa County Department of Health (“CCH”) was given authority to implement and enforce the ISO which was done by the HMP. Over the last 26 years, the CCH HMP has staffed a dedicated team of engineers to implement and enforce the ISO.
On June 24, 2025, the Contra Costa County Board of Supervisors approved the transition of the HMP from Contra Costa Health (CCH) to the Contra Costa County Fire Protection District (“the District”). Upon transition, it is necessary for the County to delegate ISO and CUPA enforcement authority to the District so that HMP may continue to implement and enforce these necessary hazardous materials regulations to ensure public safety and health.
Upon approval from the Board of Supervisors to transition the hazardous materials programs to the District, HMP and the District contacted CalEPA to engage in the proper process to amend the CUPA application to reflect delegation of CUPA administration and enforcement by the County to the District.
CONSEQUENCE OF NEGATIVE ACTION:
Administration and enforcement of the CUPA and ISO will remain exclusively with CCH notwithstanding the Board of Supervisors’ prior approval to transition this program to the Contra Costa County Fire Protection District.