Hazardous Materials Spill/Release Notification Presented by County of Riverside Transportation Department

Introductions  Introductions 1  Please ensure you fill out the Pre-test before we begin  Please ensure you sign in on the sign in sheet.

Why Are We Here Today?  Review Hazardous Materials spill notification requirements and to encourage simple procedural consistency throughout Riverside County Departments 2

3 Why Are We Here Today? On December 10, 2014 The Riverside County Transportation Department was fined by the County Department of Environmental Health, Hazardous Materials Management Branch (aka Certified Unified Program Agency for the County - CUPA) For Failure to Notify of a Herbicide Spill.

 On August 15, 2014, approximately gallons of “Roundup” herbicide was released from a RCTD vehicle in the Coachella Valley.  The driver, a certified herbicide applicator, made an attempt to park the vehicle in a location that would prevent the discharge from entering adjacent agriculture fields and waterways.  Unfortunately a small quantity of the product entered the Coachella Valley Storm Water Channel.  The release was reported to the driver’s Supervisor the same day. 4 What Happened?

 The Superintendent of Highway Operations did not became aware of the release until August 19 th – 4 days later.  Subsequently, the RCTD NPDES Coordinator was notified the morning of the 19 th by the Superintendent. The NPDES Coordinator immediately contacted DEH.  From there, the County Agriculture Commissioner’s Office, the Riverside County HazMat Branch (CUPA), and the State Office of Emergency Services (OES) were notified. 5 What Happened Next?

 So, who here knows what should have happened? 6 What Should Have Happened?

 Definition of a Hazardous Material 7 First, Let’s Take a Look at…  Why do we have to notify when a Release has occurred  Definition of a Release  When and Who do we notify  What do we report

“Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or threatened hazard to human health and safety or to the environment, if released into the workplace or the environment” (Health and Safety Code, §25501 (p)). 8 What is a Hazardous Material?

“Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency” (Health and Safety Code, §25501 (s) and CERCLA §101 (22)) 9 What is a Release?

Because it is the LAW!! Failure to report a hazardous material release is a CRIME, which can result in hefty fines and even jail time! 10 Why Do We Have To Notify/Report a Release of a Hazardous Material(s)?

 The notification process ensures that appropriate entities are informed of and respond to a Hazardous Materials (aka HazMat) incident. Notification is governed by all levels:  Federal Laws/Regulations  CERCLA, EPCRA, 40 CFR, etc.  State Laws/Regulation  H&SC 25510(a), CCR , CGC, PRC, etc.  Local  MS4 Permits, Ordinances, etc. 11 Notification – It’s the Law!

 The immediate reporting requirement is NOT based on the quantity of the material.  It is based on the potential to cause harm to human health and safety, or the environment- REGARDLESS of quantity. 12 “IMMEDIATELY Report a Release or Threatened Release”

 Immediate reporting is not required IF: There is a reasonable belief that the actual release or threatened release poses NO significant hazard (present or potential) to human health and safety, or the environment. 13 Exception to Every Rule

CUPA – 24 hour emergency phone 3.CalOES – Your Supervisor 5.Your NPDES Coordinator 6.Your Safety Officer 14 Who Do I Notify?

 Date  Time  Location  Type of material  Amount – if known  Any injuries or chemical exposure  Are there any storm drains near the release  Has clean up occurred  Were photos taken 15 What Information Should Be Reported?

16 Reportable?

17 Reportable?

18 Reportable?

19 Reportable?

20 Reportable?

21 Reportable?

22 Reportable?

23 Reportable?

24 Reportable?

25 Reportable?

 Always take photographs; document your actions taken and the OES Control Number in your diaries  Remain on the scene until emergency response arrives unless otherwise directed  Obey directions from emergency response staff  If an exclusion zone is declared – be sure to Stay Out! 26 I Reported, Now What?

Actual or Potential Harm MajorModerateMinimal Extent of Deviation Major $15,000- $25,000 $10,000 - $15,000 $5,000- $10,000 Moderate$10,ooo- $15,000 $5,000- $10,000 $2,500- $5,000 Minimal$5,ooo- $10,000 $2,500- $5,000 $0 - $2, Failure to Report a Spill or Release of Hazardous Material or Waste Fines

28 The Take-Away  Provide this training to your staff.  Notifying 911, the OES and the DEH/CUPA is crucial!  Always Remember – When in Doubt, REPORT IT!  And ALWAYS Document the Incident, Obtain the OES Control Number and take Photographs!

Pre-Test Results d) All of the above True d) Only b and c above False True f) b and c only True False

 Department of Environmental Health   Human Resources – Safety Office   Office of Emergency Services (OES)     For More Information

31 Thank You for Attending