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Environmental Management Department recommending the Board approve and authorize the Chair to sign Resolution 230-2019 establishing protocol for partial cost recovery during the performance of investigations of real property subject to contamination resulting from the manufacturing and processing of illegal hazardous substances, including methamphetamine and opioids, in accordance with the requirements set forth in California Health and Safety Code section 25400.22.
FUNDING: Non-General Fund / Potential partial cost recovery revenue for County Service Area No. 10 - Hazardous Materials Incident Response funds.
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DISCUSSION / BACKGROUND
Pursuant to County Ordinance Code, Chapter 8.38, sections 8.38.250 and 8.38.260, the Environmental Management Department (Environmental Management), operating as the local Certified Unified Program Agency (CUPA), provides hazardous materials incident response services for the County and other surrounding local jurisdictions. On an as-needed basis, Environmental Management’s Hazardous Materials Incident Response Team (Hazmat Response Team), in coordination with the respective law enforcement agencies, responds to suspected illegal hazardous substances and/or clandestine drug laboratories to support local law enforcement and investigate the property for potential contamination resulting from hazardous chemicals utilized during the manufacturing and processing of illegal substances.
On January 1, 2005, the State of California passed the Methamphetamine Contaminated Property Cleanup Act of 2005, including California Health and Safety Code sections 25400.10 through 25400.47. This Act provides a mechanism for the local jurisdiction to recover costs related to performing investigative services as well as an effort to ensure the subject property cannot be transferred to another party without the other party’s knowledge that it does not meet standards safe for habilitation.
Due to the growing use and production of fentanyl...
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