HomeMy WebLinkAboutSanta Clara County - Environmental Health Agency Agreement
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COOPERA~IHG 1GEHCIES AGREEMENT
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~'!lt... "" Santa Clara County EnvirOi1IT1ental Health Agency
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(County Aqeney) and C{ty of Gilroy'
[name of city
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applicant aqency or agencies] (City Agency(s)) (collectively, the
Agencies) have been notified pursuant to Health and Safety Code
section 25404.3 that they may be authorized to become Certified
Unified Program Agen~ies (COPAs) provided they enter into this
Cooperatinq Agencies Agreamant (the Agreement). These COPAs will
implement the Unified P~oqram as de~ined in Health and Safety
Code section 25404 throughout Santa Clara
County (name of
county] (the County); and
~nEREAS, Health and Safety Code section 25404.3(c) (2)
requires the Secretary ot the california Environmental Protection
Agency (the Secretary) to tind that the administration of the
Unified Program will be less fragmented bet~een jurisdictions and
the Unified Program will be implemented in a coor.dinated and
consistent manner throughout an entire county; and
WHEREAS, section 15170(k) (1) of the California Code of
Regulations permits the Secretary, in making his finding a~out
county-wide consistency, to consider agreements among the various'
applicant agencias; and
WHEREAS, in order for the administration of the Unified
Program to be less fragmented and for the implamantation to be
ccordin~ted and consistent, it is necessary for thQ Agencies to
enter into this Agreement. This Agreement is also necessary in
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order to consolidate arid coordinate unified ~rogram
responsibili ties betveen the CUPAs i and
WHEREAS, obligations or responsibiliti~ assumed ~y ',:'
AqQncie~ ~d/or ~As under this Agreement ~o not re~lace or
supersede other requiramQnts of the unifi~~. Program;
NOW THEREFORE, the Agencies agree ,as follows:
~. The Agencies shall jointly adopt a dispute resolution
process designea to resolve disputes bQtwasn ~~a CUP~s and
betwaen the COPAs and regulated facilitias. The Agencies shall
adQPt this process and submit it to the Secretary within sixty
(60) days of the date this Agreement is effective.
2. The Agencies shall jointly adopt a consistent process
to solicit and incorporate input from unified program facilities
regarding Unified Program implementation ,and improvement
throughout the entire County. The Agencies shall adopt this
process and submit it to the Secretary within sixty (60) days of
the date this Agre$mant is effective.
3. The Agencies shall jointly adopt a process to ensure
that reporting of data el~~ents and/or forms which unified
program facilities are required to submit to ~~e COPAs are
consistent throughout the entire County. The Agencies.shall
adopt this process and submit it to th~ Secretary within one
hundred and eighty (180) days of the date this Agreement is
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effective.
4. The Agencies shall jointly adopt a process to ensure
that inspection of unified program facilities is conducted by the
COPAs ,in a consistent and coordinated manner throughout the
entire County. The Agencies sna11 adopt this process and submit
it to the Secretary within one hundred and eighty (180) days of
the date this Aqreement is effective.
5. The Agencies shall jointly adopt a process to ensure
that enforcement policies are app1iad to unified program
facilities by the CUPAs in a consistent manner throughout the
entire County. The Agencies shall adopt this process and submit
it to the Secretary within one hundred and eighty (180) days of
the date this Agreement is effective.
6. The AgenciQs shall jointly adopt a process to ensure
that: (a) interpretations of technical issues are consistent; and
(b) technical policies are developed jointed by the COPAs and
applied consistently throughout the County. The Agencies shall
adopt this process and submit it to the Secretary within one
hundred and eighty (180) days of the date this Agreament is
effective.
7. The Agencies shall jointly adopt a process to ensure
that stat! of the cuPAs shall receive equivalent levels of
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technical training. The Agencies shall adopt this process and
sUbmit it to ~e Secretary within one hundred and eighty (180)
days of the date this Agreement is e~fQctive.
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S. Withdrawal from this Agreement or violation of its
terms shall be considered a failure by a cuPA to meet its
obligations to adequately implement the Unified Program pursuant
to Health and Safety Code section 2S404.4(a) (1) and the SQcretary'
may withdraw the COFA:s certification in 5U~~ an instanc~.
9. (a) In ~~eevent that certification is withdrawn fro~
any CUPA within the County for any reason or a CUPA withdraws
from its obligations to implement the Unified Program, the
rQmaining COPAs agree that the successor Cu~A shall ba determined
in accordance with ~~divisions (f) and (g) of Health and Safety
CodQ section 25404.3.
(b) In the event a city CUPA's certification is
withdrawn or a city CUPA withdraws from its obligation to
implement the Unified Program, the city AgencyjCUPA and the
County CUPA shall work cooFeratively with the Secretary pursuant
to subdivision (f) (1) of section 25404.3 of the Health and Safety.
Code and the County CUPA will proceed to i~plement the Unified
Program within the jurisdiction of the former City CUPA.
(c) In the event that the County CUPA's certification is
withdrawn, the County Agency(CUPA and City CUPA(s) will work
cooperatively with the Secretary pursuant to subdivision (f) (2)
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of section 254~4.3 ot the Health and Safe~ Cede as h. determines
what agency, if any, should bra the successor coPA.
10'. This Agreement lIIa.Y 1::1.. signed in counterparts.
11. This Aqreement shall be effective on the date it is
fully executed by all the parties listed below.
The fol~owing individuals declare under pena~ty of perjury
tha. t they have authority to sign this AgreeJD.ent on behalf of tb.e
various Agenci,as and the COPAs those Agencies represent as
designated above.
L~A< ) f?r)a/!,~ Oat", ~ '/ :;i-f; lifT
Name/Tl.tle Suellen Rowlison, May<?r Pro Tern
Name of enc / CUPA City of Gllroy
U Date: a;e~/ 50 ~/;:;
e Esquibel, Dir. Environmeatal Heal~
cyjCUFACounty of ' Santa Clara Dept. of Environmental Health
Data:
Name/Title
Name of Aqancy/CUPA
Date:
Name/Title
Name ot Agency/CUP.~
Data:
Name/Title
Name ot Agencyj.:tJ7A
A;;r~ d ,F~
Linda A. Callon, City Attorney
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Rnonda Pellin, Interim City Clerk
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I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certify that the
attached Cooperating Agencies Agreement, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 28th day of April, 1997, at which meeting a quorum
was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 28th day of April, 1997.
Interim City Clerk of the City of Gilroy
(Seal)