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How can the City of Benicia provide better oversight over industrial facilities?

From "General Community Feedback"

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What should the City do to provide better management and oversight over industrial facilities in Benicia?

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Valero has shown repeatedly it is NOT a team player, that it will run roughshod over a town and its people, if not forced (like an antisocial delinquent) by real consequences to follow the rules, be transparent, admit to mistakes when they occur and swiftly correct them, not meddle in this very small town's politics, etc. The ISO was proposed before several years ago. In a strategy all too familiar these days, slow-walking the process; inventing gratuitous obstacles, each of which has to be addressed in a deliberate (i.e., slow) manner, etc., is a sure way of killing the momentum of any plan to achieve a worthy goal. The public has difficulty sustaining an interest in these cases, and those trying to thwart the ISO know this. (Do corporations offer their employees weeks-long courses on how to gum up any forward-thinking initiative to maintain the status quo, and not disrupt profits?). So, the ISO from a few years ago did not go into effect; it withered and died on the vine. The ISO is wanted and needed. It is my understanding that every county in the Bay Area that has within its borders an oil refinery also has an Industrial safety ordinance--except Benicia. Why are we so exceptional? It is as though Benicia is stuck in a time warp that has allowed it to miss clean air initiatives that swept the U.S. some 50 years ago. The fairly recent (2022) revelation that the Valero owners have been pouring cancer-causing chemicals into our air (a pattern that the feckless Bay Area Air Quality Management District missed year-after-year) for a decade or more makes an ISO with teeth imperative. (The recent swing to an anti-renewable-energy upcoming administration in Washington makes all of these things at the local level imperative as well, it goes without saying.) The ISO, if written properly and not watered down, would and should have teeth so there are real consequences to this Texas-based company (where, I guess, polluting the neighboring communities is just, well, business as usual), including millions of dollars in fines, such as was leveled against it by BAAQMD just recently. Do we as citizens really think so little of ourselves and our town that we cannot have what every other town has in place? Is it because we are in Solano County, an area that seems to struggle with feeling poorer and disenfranchised from the rest of the Bay Area (when will a BART come to us using the millions in bridge toll fees we all pay each year?). We're a proud town. As I wrote for these other questions on engagebenicia.com, the Velero oil refinery does not define us; it is one facet of the economy, its long history here notwithstanding. The town has deep roots in what allowed the Bay Area to flourish. It was our water-level geography that allowed the barges to bring people from the East to what are now Contra Costa and Alameda Counties--when the bluffs of Crocket and Vallejo probably looked like useless cliffs before the bridges finally were built. Let's join the 20th century, let alone the 21st century, and have in place an I.S.O as the town's government's means of playing a defined role in reminding businesses that they operate under our discretion, that we the citizens have the final say, and are not yoked to a business based on how many lawyers it can pay to sue us, or how many political adds it can stuff in our mailboxes to swing an election toward their hand-picked candidate(s). The I.S.O. represents a town having a spine.
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The City of Benicia should adopt the proposed Health and Safety ordinance
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To make a long story short, the City should have a very strong ISO with an equally strong Oversight Commission that plays far more than an adivsory role. The Oversight Commission membership should comprise individuals with a demonstrated commitment to environmental protection, public health, industrial safety. It should not include Valero representatives, employees or contractors. This is not to deny Valero legitimate input into the Oversight Commission's deliberations or other discussions regarding the refinery and its violations, incidents, accidents and operations. It has legitimate concerns and perspectives worth considering. But the fox cannot be left to guard the henhouse.
  • 2 likes
Profile of Greg G
Posted by:Greg G
2 years ago
Updates on progress would be helpful, along with responses to comments and questions at the workshops. The timeline states the drafting should have already begun. Has it? Can the public see the outline or the current draft soon?
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@ 219928 Yes - the timeline on the main page is accurate. Drafting of the ordinance has begun. It will take several months to complete, but when it is done, it will be posted on this site for public review, comments, and suggestions that will be considered and analyzed by the City.
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Profile of Greg G
Posted by:Greg G
2 years ago
The timeline says public input on the draft ordinance will be solicited in June. I saw nothing of the sort. Did I miss something? Or are things behind schedule?
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@ 219928 The draft ordinance is currently with the City Attorney's Office for review. We expect to release the draft ordinance for public review on this site in July 2024.
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Profile of Greg G
Posted by:Greg G
2 years ago
Ok thanks, I did not miss anything. It is behind schedule
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A local Benicia industrial safety ordinance is essential. What we presently have is not working. We have no 'local' oversight agency to give immediate warnings and keep the public informed about incidents. The existing situation presently fails at adequately monitoring the industrial events and doesn't have enough compliance monitoring with substantial punitive effects that would remedy future episodes. And , please if you respond to me identify yourself or I will not respond back.
  • 2 likes
The city fire department should be informed by the affected industrial facility, and encourage by CUPA. Why? The fire department might be asked to help the facility emergency response team in case of an incident, and determine who should be managing the incident command during the incident. Once again, the city oversite is duplicative, where the county or it's designated agency is the one that provides the oversite. However, the designated agency (CUPA) should include the Benicia Fire Department such as understanding the facility's CalARP plan, and know what are the credible release scenarios, and the air dispersion model result that are created via the worst credible case scenario identified in the facility hazard analysis. The fire department can work with the local community in case of a release.
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@User 629508 With due respect, it appears the County has not been capable of the oversight to which you refer, or the 15 year release of hazardous chemicals unchecked by Valero would have been corrected immediately, wouldn't you say?
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Have a team of experts including community input to approve an ordinance that will enforce consequences/fines to be paid within a timeline. Include further consequences if the fines are not paid within the timeline.
  • 1 like
Profile of Greg G
Posted by:Greg G
2 years ago
There are a lot of good comments and questions here and at the public meeting and virtual meeting. In the interests of transparency and to ensure two-way communication (not just "thanks for the comment"), it would be excellent if the Committee puts together a "response to comments and questions" document and posts it. With thoughtful and detailed responses, those participating will know their suggestions, concerns and especially questions are being carefully considered.
  • 1 like
@ 219928 The feedback received at all of the community workshops has been posted to the past event pages as a document attachment at the bottom of the screen for transparency and follow up. The subcommittee is actively reading and carefully analyzing all feedback received both on this engagement website and in other forms. It is informing the subcommittee's draft ordinance development and process.
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Profile of Greg G
Posted by:Greg G
2 years ago
Thank you, that is helpful but I was stating that to ensure full transparency, all questions and comments receive responses (not just "Comment noted"), similar to those required in a CEQA document. Especially questions need formal responses to ensure that people understand that their comments and questions have been carefully considered. it's great that you have listed the comments and questions and I thank you for that. Transparency is obviously important, This process needs to be a leader with that and provide participants with responses. For example, does the City have the authority to regulate discharges and fine for violations, or does that belong to the AQMD. A lot of people seem to think the City can regulate, but our Mayor on Nextdoor, who is on the AQMD board, says the City does not have that authority. When Dr Fine of the BAAQMD was asked if the City has that authority, his answer was "good question, I asked that of our attorneys and I don't know, maybe, maybe not." A lot of people will be disappointed and feel deceived if the Mayor is correct and their expectations are not met and there is no complete response to their questions and their concerns. Thanks.
  • 2 likes
The city and the residents need to know the cause of problems that could be health risks to the community. When a problem arises, such as a gas leak, there needs to be a root cause anylsis of the problem. That however is only the first step. Once that is done it should be made public and the process of fixing the problem should also be made public. We need to know that problems are fixed before they get worse. We need to identify the problem, the fix and then that it has been accomplished. All of this should be public. We aslo need more independly run community air monitoring stations. We can't trust the refineries monitors and need ones that are run by the community. Only by having these in multiple locations can we determine if there are problems.
  • 6 likes
Total likes: 3, total dislikes: 1
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Current status

proposed