DATE: April 26, 2016
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT
Title
Approval of Budget Appropriation for Hazardous Materials Program Settlement Funds
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RECOMMENDATION
Recommendation
That the City Council approves a budget appropriation in the amount of $225,350.50 for received Hazardous Materials Program settlement funds.
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BACKGROUND
The Hazardous Materials Program of the Hayward Fire Department's Fire Prevention Office has been designated by the State of California to be the Certified Unified Program Agency (CUPA) in the City of Hayward. As a CUPA, the Hazardous Materials Program has been a party to numerous lawsuits and administrative enforcements involving companies and regulated entities within the City who violate hazardous materials/waste-related rules and regulations established by State, County, or City statutes. Examples of violations include the improper handling/disposal/reporting of hazardous materials/waste, inappropriate monitoring/safeguards associated with underground fuel tanks, and the failure to adhere to conditions outlined in City-issued permits. Many of the cases are resolved via monetary awards, otherwise known as settlements, with the City CUPA receiving a share of such funds.
DISCUSSION
As the settlement amounts are received by the City CUPA, they are deposited, as required by law, into a special fund in order to avoid comingling the funds with general purpose sources, such as the General Fund. While each settlement has certain stipulations attached to how funds can be utilized by the City, the overwhelming majority of the settlements have similar conditions and can be used towards the purchase of any equipment or services that promote the goals of hazardous materials/waste compliance.
For example, the Hazardous Materials Program/CUPA utilizes software that is expressly for the purpose of monitoring compliance with state hazardous material...
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