REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
SITTING AS THE GOVERNING BOARD OF THE FOLLOWING:
SAN BERNARDINO COUNTY
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
September 23, 2025
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
NOEL CASTILLO, Director and Chief Flood Control Engineer, Department of Public Works - Transportation and San Bernardino County Flood Control District
SUBJECT
Title
Memorandum of Understanding Related to Hazardous Materials Spill Response
End
RECOMMENDATION(S)
Recommendation
1. Acting as the governing body of the San Bernardino County Fire Protection District, approve Memorandum of Understanding between San Bernardino County, on behalf of its Department of Public Works - Transportation, the San Bernardino County Flood Control District, and the San Bernardino County Fire Protection District related to incident response involving hazardous materials within the County Maintained Road System or San Bernardino County Flood Control District’s right-of-way, for the period of September 23, 2025, through September 22, 2030.
2. Acting as the governing body of San Bernardino County, approve Memorandum of Understanding between San Bernardino County, on behalf of its Department of Public Works - Transportation, the San Bernardino County Flood Control District, and the San Bernardino County Fire Protection District, related to incident response involving hazardous materials within the County Maintained Road System or San Bernardino County Flood Control District’s right-of-way, for the period of September 23, 2025, through September 22, 2030.
3. Acting as the governing body of the San Bernardino County Flood Control District, approve Memorandum of Understanding between San Bernardino County, on behalf of its Department of Public Works - Transportation, the San Bernardino County Flood Control District, and the San Bernardino County Fire Protection District related to incident response involving hazardous materials within the County Maintained Road System or San Bernardino County Flood Control District’s right-of-way, for the period of September 23, 2025, through September 22, 2030.
(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this Memorandum of Understanding (MOU) will not result in the use of Discretionary General Funding (Net County Cost). Any costs incurred from the response and remediation of hazardous materials spills will depend on the quantity of hazardous materials (Hazmat) released, spilled or dumped within the County Maintained Road System (CMRS) or San Bernardino County Flood Control District’s (Flood Control) right-of-way. If a responsible party is identified, SBCFPD will seek reimbursement from the responsible party. When no responsible party is identified, the Department of Public Works - Transportation (Department) and/or Flood Control will reimburse San Bernardino County Fire Protection District (SBCFPD) for costs incurred in connection with the Hazmat services provided under the MOU.
BACKGROUND INFORMATION
The Federal Water Pollution Control Act, also referred to as the Clean Water Act (CWA), prohibits the discharge of pollutants to the receiving waters, unless the discharge complies with a National Pollutant Discharge Elimination System (NPDES) permit. The CWA requires NPDES permits for stormwater discharges from municipal drain systems. In California, these permits are issued and enforced by the State Water Resources Control Board, through one of its nine Regional Water Quality Control Boards.
Since 1990, the Regional Water Quality Control Board - Santa Ana Region has issued NPDES Municipal Separate Storm Sewer System Permits (Permits) to Flood Control, San Bernardino County (County), and the 16 incorporated cities within the County’s portion of the Santa Ana River watershed. One of the requirements of the Permits mandates immediate reporting and removal of Hazmat found in a public right-of-way.
On February 13, 2018 (Item No. 87), the Board of Directors/Board of Supervisors (Board) approved a MOU No. 18-89 between the Department, Flood Control, and SBCFPD relating to Hazmat spills response. MOU No. 18-89 expired on June 30, 2023, and no services have been provided since that date. The Department, Flood Control, and SBCFPD desire to enter into a new MOU that delineates response procedure for incidents involving Hazmat releases, spills or dumping within CMRS or Flood Control right-of-way.
Under the new MOU, if a responsible party is identified, SBCFPD will seek reimbursement from the responsible party directly. If the recovery of costs is impeded due to inability to contact the responsible party, or responsible party financial hardship or lack of financial means, the Department or Flood Control shall compensate SBCFPD for any costs expended for response and remediation, and the Department or Flood Control may then pursue the responsible party for cost recovery directly.
Approval of the recommended MOU will provide for the safety, health, and social service needs of County residents by enhancing the public safety operations of SBCFPD, the Department, and Flood Control.
This MOU may be terminated with 30 days written notice by any party to this MOU.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Rick Luczak, Aaron Gest, and Sophie A. Curtis, Deputies County Counsel, 387-5455) on September 11, 2025; and County Finance and Administration (Ivan Ramirez, Administrative Analyst, 387-4020) on September 2, 2025.