§ 53-1. Emergency findings.

This Urgency Ordinance is adopted pursuant to California Government Code Sections 25123(d) and 25131 and shall take effect immediately upon its approval by at least a four-fifths (⅘) vote of the Board of Supervisors. The Board, in consultation with the Local Health Officer, finds that this chapter is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts:

A.

Conditions of extreme peril to the safety of persons and property within the County were caused by the Camp Fire, commencing on the 8th day of November, 2018, at which time the Board of Supervisors was not in session.

B.

California Government Code Section 8630 empowers the County Administrator to proclaim the existence of a local emergency when the county is affected or likely to be affected by a public calamity, subject to ratification by the Board of Supervisors at the earliest practicable time.

C.

On November 8, 2018, the County Administrator of the County of Butte proclaimed the existence of a local emergency within Butte County due to the Camp Fire.

D.

On November 8, 2018, the Acting Governor of the State of California proclaimed a State of Emergency for Butte County pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code, and on November 14, 2018, the Governor issued Executive Order B-57-18 concerning the Camp Fire.

E.

On November 9, 2018, the Camp Fire was still burning through the County and despite firefighters' best efforts, the wildfire was not contained. Evacuation orders were in place and numerous severe public health and safety hazards were present in the Camp Fire area, including many blocked roads from fallen power lines, burned trees and vehicles, numerous burned vehicles were left throughout the Camp Fire area due to survivors fleeing their vehicles in efforts to survive the wildfire, no available utilities, no available public services and the presence of human remains and animal carcasses. At the time, the County estimated that 2,000 structures had burned in the Camp Fire.

F.

On November 9, 2018, Dr. Andrew Miller, Butte County's Local Health Officer, issued a Declaration of Health Emergency pursuant to California Health and Safety Code section 101080. Dr. Miller's declaration stated that the local health emergency was a consequence of the debris resulting from the Camp Fire that contains hazardous material in the ash of the burned qualifying structures. The purpose of the Declaration was to address the immediate threat to the public health and the imminent and proximate threat of the introduction of contagious, infectious or communicable disease, chemical agents, non-communicable biologic agents, toxins and/or radioactive agents present at the time in the Camp Fire area. The threats included (1) the enormous amount of fire debris present in the Camp Fire area, including ash and debris containing hazardous materials and probable radioactive materials present in ash and debris from qualifying structures, (2) the threat of infectious or communicable disease and/or non-communicable biologic agents due to animal carcasses, radioactive waste and perishable foods, (3) the potential contamination or destruction of the residential and commercial water supply in the Camp Fire area and (4) the potential pollution of the drinking water downstream from the Camp Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures.

G.

On November 12, 2018, the President of the United States declared the existence of a major disaster in the State of California, providing assistance from many federal agencies, including the Federal Emergency Management Agency (FEMA).

H.

On November 13, 2018, the Board of Supervisors adopted Resolution No. 18-169 ratifying the County Administrator's proclamation of the existence of a local emergency in Butte County. The resolution also requested that the State of California waive regulations that may hinder response and recovery efforts, as well as make available assistance under the California Disaster Assistance Act or any other state funding, and that the Federal Government expedite access to federal resources and any other appropriate federal disaster relief program.

I.

On November 13, 2018, the Board of Supervisors ratified Dr. Miller's Declaration of Health Emergency.

J.

On November 21, 2018, the status of the Camp Fire area was as follows: firefighters had contained the Camp Fire; the Sheriff had lifted some evacuation orders; work crews had removed fallen power lines, burned vehicles and trees blocking the roads; utilities including electric power, gas and non-potable water had become available; no local businesses were open to serve the public; and no public services were available. Further, preliminary actions had been taken to mitigate the risk from animal carcasses, radioactive waste and perishable foods in the Camp Fire area, however, concerns regarding the threats remained. The public health hazards present in the Camp Fire area included (1) the public health hazards from the enormous amount of fire debris, (2) the public health hazard from the hazardous materials and probable radioactive materials present in the ash and debris from destroyed qualifying structures, (3) the threat of infectious or communicable disease and/or non-communicable biologic agent due to the presence of animal carcasses, perishable foods and radioactive waste and (4) the potential pollution of the drinking water downstream from the Camp Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures. At the time, the County estimated that the Camp Fire had destroyed 18,000 structures.

K.

On November 21, 2018, Dr. Miller issued a Hazard Advisory strongly suggesting residents should not reside on property with qualifying structures damaged or destroyed by the Camp Fire until the property had been cleared of hazardous waste, ash and debris and certified clean by the Department of Public Health, Environmental Health Division. When the evacuation orders were lifted, the Department of Public Health provided residents who chose to visit their property to collect valuables with re-entry packets to improve their safety during the visit. The re-entry packets included personal protective equipment and information on the dangerous conditions and toxic materials present in the Camp Fire area. The re-entry packets were intended to improve public safety from the public health hazards encountered during the visit, but was not intended to encourage long-term habitation. The purpose of the Hazard Advisory was to address the public health hazards present at the time in the Camp Fire area, including (1) the enormous amount of fire debris present in the Camp Fire area, (2) the hazardous materials and probable radioactive materials present in ash and debris from qualifying structures, (3) the lessened but still present threat of infectious or communicable disease and/or non-communicable biologic agents due to animal carcasses, radioactive waste and perishable foods, (4) the potential contamination or destruction of the residential and commercial water supply in the Camp Fire area and (5) the potential pollution of the drinking water downstream from the Camp Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures.

L.

The Camp Fire to date has consumed one hundred fifty three thousand three hundred thirty-six (153,336) acres and has led to the destruction of thirteen thousand six hundred ninety-six (13,696) residences, damage to four hundred sixty-two (462) residences, the destruction of two hundred seventy-six (276) multiple family residences, the destruction of five hundred twenty-eight (528) commercial buildings, damage to one hundred two (102) commercial buildings, the destruction of four thousand two hundred ninety-three (4,293) other minor structures, and resulted in the evacuation of over fifty thousand (50,000) people. As a result, the Camp Fire has created an enormous amount of debris.

M.

There exists the potential for widespread toxic exposures and threats to public health and the environment in the aftermath of a major wildfire disaster, and debris and ash from residential and commercial structure fires contain hazardous materials and the harmful health effects of hazardous materials produced by a wildfire are well-documented.

N.

The combustion of building materials such as siding, roofing tiles, and insulation results in dangerous ash that may contain asbestos, heavy metals and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have burned in the fire, also producing hazardous materials.

O.

Exposure to hazardous materials may lead to acute and chronic health effects and may cause long-term public health and environmental impacts. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose residents and workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community.

P.

Standards and removal procedures are needed immediately to protect the public health and environment, and to facilitate coordinated and effective mitigation of the risks to the public health and environment from the health hazards generated by the Camp Fire disaster.

Q.

The Camp Fire has created hazardous waste conditions in Butte County in the form of contaminated debris from household hazardous waste/materials and structural debris resulting from the destruction of thousands of structures. This hazardous waste debris poses a substantial present or potential hazard to human health and the environment until the property is certified clean. The accumulated exposure to hazardous waste debris over an extended period of time poses a severe hazard to human health.

R.

The Board of Supervisors previously approved urgency ordinances and/or related resolutions relating to the Camp Fire disaster recovery on December 11, 2018, December 21, 2018, January 8, 2019 and January 29, 2019. The actions addressed the need for the regulation of debris removal to alleviate the public health, safety and welfare concerns associated with the ash and debris of qualifying structures and temporary emergency housing options.

S.

As of February 4, 2019, the status of the Camp Fire disaster recovery is as follows: (1) Phase I cleanup by the U.S. Environmental Protection Agency and the California Department of Toxic Substances Control is complete, which has reduced the public health concerns relating to the most hazardous materials present in the Camp Fire area, (2) Phase II of the cleanup pursuant to the Government (CalOES) Program and the Alternative Program has commenced, (3) utilities are available (except for potable water), (4) numerous businesses have opened to serve the public, (5) public services are available, including a FEMA and CalOES jointly-operated Disaster Recovery Center in Paradise, California. Current threats include (1) the enormous amount of fire debris present in the Camp Fire area, (2) hazardous materials and probable radioactive materials present in ash and debris from qualifying structures, (2) the potential pollution of the drinking water downstream from the Camp Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures. The purpose of this chapter is to allow residents to live on properties in the Camp Fire area that do not contain fire ash and debris from a qualifying structure destroyed or damaged by the Camp Fire.

T.

The Debris Removal Operations Plan for the Camp Fire prepared by the CalOES/CalRecycle Incident Management Team provides that the DTSC has issued reports regarding the assessment of burn debris from wildfires in the past. The studies of burned residential homes and structures from large scale wildland fires indicated that the resulting ash and debris can contain asbestos and toxic concentrated amounts of heavy metals such as antimony, arsenic, cadmium, copper, lead, and zinc. Additionally, the ash and debris may contain higher concentrations of lead if the home was built prior to 1978 when lead was banned from household paint in the United States. The reports indicated that the residual ash of burned residential homes and structures has high concentrations of heavy metals that can be toxic and can have significant impact to individual properties, local communities, and watersheds if the ash and debris is not removed safely and promptly. The plan also indicates that the purpose of the structural debris removal program is to remove debris that poses a risk to health and/or the environment. Debris from structures smaller than one hundred twenty (120) square feet are not included in the program.

U.

The Local Health Officer, Dr. Miller, has indicated the following: (1) the Phase II cleanup of the properties containing ash and debris from a qualifying structure mitigates the public health hazards of the Camp Fire; (2) failing to clean properties containing ash and debris from a qualifying structure can have severely negative long-term consequences to the public health and environment; (3) therefore, the County's focus must be on accomplishment of the Phase II cleanup to address the public health hazards; (4) the standard for determining when a property is clean from ash and debris from a qualifying structure is when the Phase II cleanup work is complete and the property is certified clean by the Department of Public Health, Environmental Health Division; (5) as ash and debris of qualifying structures is the focus of the Phase II cleanup work, the significance of the public health risks is higher on properties with ash and debris from a qualifying structure; (6) given the progress the Camp Fire disaster recovery has made with respect to the hazards identified in the findings above, the remaining significant public health hazard is the ash and debris from qualifying structures; (7) based on the foregoing, properties that contain ash and debris from qualifying structures constitute a significant public health risk and therefore, those properties should be ineligible for temporary emergency housing until Phase II cleanup work is completed on the property and is certified clean by the Department of Public Health, Environmental Health Division; and (8) properties that do not contain ash and debris from a qualifying structure do not pose a significant public health risk and should be eligible for temporary emergency housing.

V.

There is an immediate need for housing to accommodate persons who have been displaced by the Camp Fire. This Chapter temporarily relaxes some building and zoning regulations to allow for additional housing both inside and outside of the Camp Fire affected area for displaced persons. Due to the magnitude of the destruction, there is a need to provide for sufficient housing options both inside and outside of the Camp Fire affected area.

W.

It is essential that this chapter become immediately effective (1) to mitigate the harm that could be caused to the public health and safety and to the environment from the improper disturbance, removal and/or disposal of debris containing hazardous materials, and to facilitate the orderly response to the Camp Fire disaster; and (2) to allow the fastest possible transition of homeless and displaced residents to interim and long-term shelter.

(Ord. No. 4154 , § 2, 1-29-19; Ord. No. 4155 , § 2, 2-4-19; Ord. No. 4156 , § 1, 2-12-19)