HomeMy WebLinkAbout1989-08-15; City Council; 10201; Adopting SD County Hazardous Water PlanOF CARLSBAD — AGENQ B|LL
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DEPTU&M/PLAN
TITLE- ADOPTION OF THE SAN DIEGO COUNTY
- ' HAZARDOUS WASTE PLAN (HWMP)
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RECOMMENDED ACTION:
Adopt Resolution No.
Waste Management Plan
Commission and City
implementing the HWMP.
ITEM EXPLANATION
to 1) approve the San Diego County Hazardous
(HWMP), and 2) direct staff to prepare for Planning
Council Review a General Plan Policy and Ordinance
The HWMP provides policy direction to effectively manage the county's hazardous
wastes. Hazardous wastes are wastes which are toxic, corrosive, flammable,
irritating, infectious, cause hypersensitivity or react with substances to become
toxic or explosive. The HWMP allows more local control over the management ~r
these wastes than is presently allowed by State Law.
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Since early 1987 a 31 member advisory committee has worked with the County of San
Diego staff to prepare the plan. The committee is composed of representatives of
all jurisdictions within the county and appropriate interest groups. Development
of a countywide HWMP along with a regional Southern California hazardous waste
management plan by the Southern California Hazardous Waste Management Authority
are required by State Law (Tanner Bill AB 2948, 1986). This law requires that the
HWMP be adopted by the county and by enough cities that represent in total at
least 50% of the incorporated population of the county. Once adopted by the
County and cities, the PLAN is transmitted to the State Department of Health
Services for review and approval.
According to State Law, without an adopted HWMP, the siting of hazardous waste
facilities would be based on Carlsbad's General Plan and the determination of an
ad hoc mitigating committee. This committee is charged with mitigating the
impacts of any proposed hazardous waste facility proposed by a developer. The
City's Land Use Review Authority is diluted by this.
Adoption of the HWMP would benefit the City of Carlsbad by providing a
comprehensive City and County-wide policy to both minimize hazardous waste and to
sensibly site potential hazardous waste facilities. The HWMP policies are in
line with the City's current land use policies of appropriate local control to
assure maximum land use compatibility. Presently the HWMP's comprehensive local
approach to hazardous waste facility siting, which includes environmental
protection, land use compatibility and fair share policies are not viewed
positively by the State Department of Health Services. In particular the HWMP's
fair share provisions are viewed by that department as overly restrictive. The
fair share principal states that San Diego County and/or the Southern California
Hazardous Waste Management Authority shall provide for their- "fair share" of
hazardous waste facilities. This fair share is based on the particular hazardous
waste streams created by both San Diego County and the eight counties in the
Southern California Hazardous Waste Management Authority.
It is likely that the Department of Health Services will reject San Diego County's
HWMP along with the HWMP's of the majority of California's Counties. This is
largely due to the fair share principle proposed in most of the plans. The
Southern California Hazardous Waste Management Authority, County Supervisor's
Association of California, and the League of California Cities are currently
Page 2 of Agenda Bill No.
exploring legislative and legal options to the Department of Health Services'
position. All these groups support the fair share principle and support adoption
of the plans.
The State's potential rejection of the Plan will not lessen the City's need to
adopt a plan and process to manage the siting of hazardous waste treatment
facilities. Accordingly, staff recommends that the City Council approve the
County HWMP and direct staff to prepare for Planning Commission and City Council
consideration of the policies and ordinances necessary to implement the HWMP.
As of July 28, 1989, nine cities have considered and approved the HWMP.
EXHIBITS
1) City Council Resolution No.
2) San Diego County Hazardous Waste Management Plan Executive Summary
3) Tanner Bill (AB 2948, 1986)
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RESOLUTION NO. 89-296
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING THE COUNTY
OF SAN DIEGO HAZARDOUS WASTE MANAGEMENT PLAN
ALONG WITH DIRECTING ACTIONS TO IMPLEMENT THE
PLAN
The City Council of the City of Carlsbad does hereby
resolve the following:
WHEREAS, the State Assembly Bill 2948 (Tanner) authorized
the preparation and adoption of Hazardous Waste Management Plans
in every California county as well as multi-county regional plans;
and
WHEREAS, the Southern California Hazardous Waste
Management Authority and the County of San Diego as lead agencies
in preparation of the San Diego County Hazardous Waste Management
Plan have prepared hazardous waste management plans consistent with
the State Assembly Bill 2948; and
WHEREAS, the County of San Diego Hazardous Waste
Management Plan will serve to adequately provide for hazardous
waste facilities planning while also preserving public health,
safety and general welfare by appropriately siting such facilities;
and
WHEREAS, an Environmental Impact Report has been prepared
for the San Diego County Hazardous Waste Plan.
sfJOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
1) That the above recitations are true and correct.
2) That the City Council approves the County of San Diego
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Hazardous Waste Management Plan.
3) That the City Council directs City staff to prepare
General Plan Amendments and implementing ordinance to fully
implement the San Diego County Hazardous Waste Management Plan.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 15th day of August , 1989
by the following vote, to wit:
AYES: Council Members Lewis,Kulchin, Mamaux & Pettine
NOES: None
ABSENT: Council Member Larson
LEfwiS, Mayor
ATTEST:
J.
ALETHA L. RAUTENKRANZ, Cit^}Clerk
CC RESO NO. 89-296 -2-
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County of San Diego
HAZARDOUS
WASTE MANAGEMENT
PLATi
1989 - 2000
CHAPTER I
Executive Summary
CHAPTER I - EXECUTIVE SUMMARY
We live in a time of advanced technology and a high standard of
living. This industrial age has lent itself to a great dependence
upon the use of products containing chemical substances and/or
requiring the use of chemicals in their manufacturing and
packaging. While our quality of life and economic stability may,
in some sense, be dependent on these products, we are, at the same
time, threatened by the mismanagement of their chemical remains or
the hazardous waste generated.
The answer to the critical issue of hazardous waste management lies
in a comprehensive, cooperative planning effort among government,
industry, environmental organizations, and the public. Given this
planning arena, it is possible to remedy the past mismanagement of
hazardous waste by developing strategies to improve the capability
for the safe management of these chemical by-products. Not only
must we move away from land disposal of hazardous waste toward
effective treatment and disposal in ways that are safe to the
environment and to human health, but we must also take a hard look
at reducing the waste generated by all segments of society—from
large industry to small business, from governments to households.
San Diego County is committed toward the development of solutions
to the complex issues of hazardous waste management. We are faced
with a problem that requires extensive planning, cooperation and
coordination from all avenues of our vital community. It is this
planning partnership that will ultimately ensure the productive
economic growth of this county, without threatening our quality of
life, public health, or the environment.
This Executive Summary provides a synopsis of each of the chapters
in the San Diego County Hazardous Waste Management Plan.
CHAPTER II. INTRODUCTION
PURPOSE
The San Diego County Hazardous Waste Management Plan is the primary
planning document providing the overall policy direction toward the
effective management of the county's hazardous waste. The plan
establishes programs to manage hazardous waste safely within the
county and is the guide for local decisions regarding hazardous
waste issues.
LEGAL AUTHORITY
The plan was prepared pursuant to State Assembly Bill 2948 (Tanner,
1986) which authorizes local government to develop comprehensive
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hazardous waste management plans and streamlines the permitting
process for hazardous waste treatment facilities. The plan was
prepared in lieu of a hazardous waste element to the County Solid
Waste Management Plan. Additionally, the plan takes a systematic
approach in complying with the landfill ban of untreated hazardous
waste as of May 8, 1990 (State Senate Bill 1500, Robert!, 1986).
PLAN FORMAT AND CONTENT
The plan is organized into eleven chapters. These address each of
the important components of a local hazardous waste management
strategy, including:
a description of the hazardous materials and
hazardous waste regulatory framework,
an analysis of the hazardous waste produced in the
county,
the potential for source reduction and
recycling,
the type and capacity of existing facilities,
the need for additional treatment facilities,
criteria for siting needed facilities, and
recommendations, policies and implementation
strategies.
PLAN DEVELOPMENT AND ADOPTION PROCESS
The plan has been developed for adoption and implementation by the
County of San Diego and the eighteen (18) incorporated cities in
the county.
The plan was developed by the staff of the County Department of
Health Services', Hazardous Materials Management Division (HMMD),
and the San Diego Association of Governments (SANDAG). A 31-member
Advisory Committee, appointed by the Board of Supervisors, provided
plan oversight and policy direction.
The law requires that the plan be adopted by the Board of
Supervisors and by 50% of the cities representing 50% of the
population in the incorporated areas of the county. The final plan
must also be approved by the State Department of Health Services.
An Environmental Impact Report on the plan was prepared in
compliance with the California Environmental Quality Act (CEQA).
In addition, the plan will be used in the development of the
regional plan for Southern California, as well as the statewide
plan for California.
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CHAPTER III. GENERAL BACKGROUND INFORMATION
HISTORY OF THE HAZARDOUS WASTE DISPOSAL PROBLEM
Historically, the majority of hazardous waste generated in San
Diego County has been disposed of directly in land disposal
facilities. Presently, there are no hazardous waste landfills in
Southern California. This land disposal crisis along with
associated environmental and public health concerns pointed to the
need to explore alternative solutions to this traditional reliance
on land disposal. These solutions focus on a hierarchy of
management approaches aimed at reducing the wastes generated or
treating hazardous waste produced rather than to simply bury them.
HAZARDOUS WASTE CHARACTERISTICS
Hazardous waste is any waste material that has the potential to
damage human health or the environment. A vast array of consumer
goods such as televisions, computers, automobiles, and medicines,
generate hazardous waste as part of their manufacturing process.
Hazardous waste may be toxic, corrosive, reactive, and/or
flammable. The risk posed by a particular waste depends on its
chemical composition, physical state, concentration, its
availability for exposure to humans and the environment, and the
manner in which it is handled and managed.
HAZARDOUS WASTE MANAGEMENT METHODOLOGIES
Hazardous waste should be managed following a hierarchy of
preferred alternatives. The first priority is the reduction of the
hazardous waste at the source, because it eliminates or minimizes
the problem and risk and avoids the need for further handling. On-
site and off-site recycling, recovery and reuse is the next
priority. This is followed by on-site and off-site treatment of
hazardous wastes. Treatment techniques can physically or
chemically alter the wastes to eliminate or diminish their
hazardous properties, and often reduce their volumes. Finally,
land disposal facilities will continue to be necessary for the
management of residuals produced by these treatment technologies.
HAZARDOUS WASTE FACILITIES
There are six basic types of hazardous waste management facilities,
each of which may include a number of specific treatment methods.
These six types are:
1. Transfer and Storage Facilities (does not
incorporate "treatment" during operation)
2. Recycling Facilities
3. Aqueous Treatment Facilities
4. Solidification or Stabilization Facilities
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5. Incineration Facilities
6. Residuals Repositories
LEGISLATIVE HISTORY
Hazardous waste management is a heavily regulated field. The
primary statutes regulating hazardous waste handling and disposal
are the Federal Resource Conservation and Recovery Act (RCRA) and
the State Hazardous Waste Control Act (Health and Safety Code,
Chapter 6.5). The RCRA regulations provide definitions of
hazardous waste and requirements for storage, .transportation,
!*'cradle to grave" management, and hazardous waste facilities.
..Chapter 6.5 establishes the minimum standards and regulations for
liazardous waste handling, processing, and disposal.
This regulatory framework is constantly changing as the number of
state and federal regulations increases.
CHAPTER IV. EXISTING MANAGEMENT SYSTEM
Although a number of agencies enforce hazardous materials and waste
management regulations, San Diego County has a centralized program
that takes a systematic approach to hazardous materials management;
This program is administered by the San Diego County Department of
Health Services' Hazardous Materials Management Division (HMMD).
.Created in 1981, the HMMD administers a comprehensive program which
includes elements in hazardous waste, hazardous materials,
underground storage tanks, emergency response, and planning.
The Hazardous Materials Management Division is organized into the
following program elements:
inspection and enforcement activities related to
federal, state and local regulations,
hazardous waste and hazardous materials
disclosure,
inspection and enforcement of underground
storage tank laws and regulations,
hazardous materials emergency response and
complaint response activities,
abandoned hazardous waste disposal site
investigations,
household hazardous waste, and
governmental agency coordination activities.
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POLICIES
There is little disagreement that a comprehensive hazardous waste
management program is the most efficient mechanism for addressing
hazardous materials and hazardous waste issues. The plan
recommends that the HMMD continue its aggressive approach to these
problems and expand or improve activities. The policies for this
chapter are:
IV-A. Hazardous Waste Data Management System
ENSURE THAT COMPLETE AND ACCURATE INFORMATION IS
AVAILABLE ON ALL HAZARDOUS WASTE GENERATED, HANDLED,
STORED, TREATED, TRANSPORTED AND DISPOSED OF IN SAN
DIEGO COUNTY.
IV-B. Technical Assistance to Industry
ENSURE THAT ALL BUSINESSES ARE ABLE TO ASSUME
GREATER RESPONSIBILITY FOR HAZARDOUS WASTE
MANAGEMENT BY PROVIDING A TECHNICAL ASSISTANCE
PROGRAM ENCOMPASSING ALL ASPECTS OF HAZARDOUS WASTE
MANAGEMENT.
IV-C. New Businesses Generating Hazardous Waste
ENSURE THAT NEW AND PROPOSED BUSINESSES USING
HAZARDOUS MATERIALS AND GENERATING HAZARDOUS WASTES
ARE SCREENED BY CITY AND COUNTY REGULATORY AGENCIES.
IV-D. Contaminated Hazardous Waste Sites
ENSURE TIMELY AND COMPLETE MITIGATION OF
CONTAMINATED HAZARDOUS WASTE SITES IN SAN DIEGO
COUNTY.
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CHAPTER V. HOUSEHOLD HAZARDOUS WASTE
It is estimated that approximately 8,360 tons of household
hazardous waste are disposed of in sanitary landfills in San Diego
County each year. Household hazardous waste includes cleaners,
pesticides, paint products, automotive products, hobby products and
other toxic substances commonly found in households. The concern
about improper disposal of household hazardous wastes extends
beyond solid waste landfill contamination to include water
pollution and injuries to refuse workers and landfill operators.
Additionally, storage of household hazardous waste in homes and
garages pose a significant problem to firefighters.
The San. Diego County Department of Health has administered the
Household Hazardous Materials Program since 1983. The program
seeks to accomplish two primary purposes. The first is to educate
the residents of San Diego about the hazards and risks associated
with the use, storage and improper disposal of household chemicals.
The second is to provide appropriate and convenient disposal
alternatives for household hazardous waste for all San Diego
residents.
POLICIES
The long-term solution to the household hazardous waste disposal
problem is an informed public and a commitment from government to
take realistic steps toward managing the waste. The policies for
this chapter are:
V-A. Household Hazardous Waste Disposal Alternatives
ENCOURAGE SAFE AND PROPER DISPOSAL OF HOUSEHOLD
HAZARDOUS WASTE BY PROVIDING CONVENIENT DISPOSAL
ALTERNATIVES SUCH AS REGIONAL COLLECTION CENTERS AND
COMMUNITY COLLECTION EVENTS.
V-B. Household Hazardous Waste School Curricula
ENCOURAGE SCHOOL DISTRICTS TO ADOPT HAZARDOUS WASTE
CURRICULA FOR 4TH - 6TH GRADES AND 7TH - 9TH GRADES
TO ENHANCE EDUCATION FOR CHILDREN.
V-C. Household Hazardous Waste Reduction
ENCOURAGE REDUCTION OF THE USE OF HOUSEHOLD
HAZARDOUS MATERIALS BY PROMOTING SAFE SUBSTITUTES
THROUGH COMMUNITY EDUCATION EFFORTS.
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CHAPTER VI. HAZARDOUS WASTE MINIMIZATION
Waste minimization is the first priority in the hazardous waste
management hierarchy. Reduction in the generation of hazardous
waste will, in turn, reduce the need for treatment, storage, and
disposal of hazardous waste. Waste minimization techniques focus
on source reduction and recycling activities that reduce the volume
or toxicity of the waste. Generally, waste minimization techniques
can be grouped into four categories:
1. Inventory management and improved operations,
2. Modification of equipment,
3. Production process changes, and
4. Recycling and reuse.
The County Hazardous Materials Management Division has developed
an outreach program for industry that focuses on hazardous waste
minimization education and technical assistance. This program,
Promote Landfill Alternatives Now (P.L.A.N.), is designed as a
cooperative effort between government and industry and will have
a positive impact on reducing the volume of hazardous waste
produced in San Diego County.
It is projected that, through an aggressive implementation program,
up to 75% of the generated waste could be recycled, if efficient
waste segregation is accomplished, and that 30% could be eliminated
if efficient waste minimization techniques are employed. These
waste reduction activities could have a significant impact on
facility siting needs.
POLICIES
The County must continue its efforts in promoting hazardous waste
minimization. This commitment to reduce the generation of
hazardous waste in San Diego will be facilitated by the following
policies:
VI-A. Promote Waste Minimization
ENCOURAGE INDUSTRY TO REDUCE ITS HAZARDOUS WASTE BY
A COUNTYWIDE GOAL OP 30% WITHIN THE NEXT FIVE YEARS
BY PROMOTING WASTE MINIMIZATION AS THE FIRST
PRIORITY IN THE HAZARDOUS WASTE MANAGEMENT
HIERARCHY.
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VI-B. Hazardous Waste Minimization Opportunity Assessments
ENCOURAGE BUSINESSES TO CONDUCT WASTE MINIMIZATION
OPPORTUNITY ASSESSMENTS TO DETERMINE THEIR POTENTIAL
FOR SOURCE REDUCTION AND RECYCLING.
VI—C. Incentives for Waste Minimization
ESTABLISH A REWARD PROGRAM TO RECOGNIZE BUSINESSES
THAT IMPLEMENT WASTE MINIMIZATION SUCCESSFULLY.
VI-D. Annual Waste Minimization Report
PREPARE AN ANNUAL REPORT ON THE PROGRESS OF WASTE
MINIMIZATION EFFORTS IN THE COUNTY.
VI-E. Financial and Technical Assistance for Waste
Minimization
ENSURE THAT FINANCIAL AND TECHNICAL ASSISTANCE
PROGRAMS ARE AVAILABLE FOR HAZARDOUS WASTE
MINIMIZATION PROJECTS.
CHAPTER VII. CURRENT HAZARDOUS WASTE GENERATION AND FACILITY NEEDS
In order to make realistic decisions regarding the management of
hazardous waste, an accurate analysis of the scope of the problem
needed to be conducted. An extensive data analysis produced a
complete picture of the problem, taking into consideration the
special situations faced by the county.
In 1986, San Diego County generated 93,100 tons of hazardous waste
that went off-site for treatment or disposal. The corresponding
volume in each of the Generalized Treatment Methods (GTM) is as
follows:
1986
Generalized Treatment Method Total Tons %
Oil Recovery 47,000 50%
Stabilization 26,000 28%
Aqueous Treatment with Metals 10,000 11%
Solvent Recovery 5,200 6%
Incineration 3,700 4%
Aqueous Treatment with Organics 700 1%
Other Recycling 500 1%
93,100 100%
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Of the total volume, 44% is generated within San Diego City, and
23% is generated by the Navy at Naval facilities.
San Diego's Treatment, Storage, and Disposal Facilities currently
provide industry with a total treatment capacity of 122,700 tons
per year. The largest capacity is found in the Oil/Water
Separation technology, followed by Aqueous Treatment of Organics,
and Stabilization.
Given our current hazardous waste generation volumes and treatment
capability, it can be concluded that, if we were to manage all our
hazardous waste within the borders of the county, the facility
surplus and shortfall would be as follows:
Shortfall Capacity Surplus Capacity
Incineration Aqueous Treatment/Metals
Oil Recovery Aqueous Treatment/Organics
Stabilization Oil/Water Separation
POLICIES
In developing the waste generation information in this chapter, it
was revealed that San Diego County military installations are
pursuing innovative techniques for managing hazardous wastes. It
was recognized that enhanced opportunities for information sharing
would benefit both the military and the Hazardous Materials
Management Division. The policy for this chapter is:
VII-A. Hazardous Materials Management Division and the
Military
ENHANCE THE RELATIONSHIP BETWEEN THE HAZARDOUS
MATERIALS MANAGEMENT DIVISION AND THE REGION'S
MILITARY IN AREAS OF COMMON CONCERN.
CHAPTER VIII. PROJECTED HAZARDOUS WASTE GENERATION AND
FACILITY NEEDS
Projecting the hazardous waste generation and facility needs to
the year 2000 is a complex task. The number of variables and the
projection methodology are, of course, static and are to be used
for planning purposes only. However, forecasting models have
provided an excellent tool for decision makers to realistically
shape the future of hazardous waste management policies.
A total volume of 133,900 tons of hazardous waste is expected to
be produced in the year 2000. Based on the total current treatment
capacity, the projected facility shortfall and surplus capacity
would be as follows:
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Shortfall Capacity Surplus Capacity
Solvent Recovery Aqueous Treatment/Metals
Oil Recycling Aqueous Treatment/Organic
Stabilization Oil/Water Separation
Incineration
Other Recycling
Of the treatment technologies for which there is a projected
.shortfall, only the Oil Recycling and Stabilization volumes are
,,great enough to make San Diego-based facilities feasible based on
the San Diego waste stream alone.
POLICIES
Projecting future need is a valuable activity critical for
providing a systematic approach to the hazardous waste problem.
This chapter makes significant conclusions that focus on the
following policies:
VIII-A. Residual Repositories
ENSURE THAT ADEQUATE FACILITY CAPACITY IS AVAILABLE
TO DISPOSE OF HAZARDOUS WASTE AND TREATMENT
RESIDUALS.
VTII-B. Fuel Contaminated Soil
ENCOURAGE THE APPLICATION OF ON-SITE TREATMENT
TECHNOLOGIES TO SOILS CONTAMINATED FROM LEAKING
UNDERGROUND STORAGE TANKS.
VIII-C. Updates on Hazardous Waste Information
PROVIDE ANNUAL OR SEMI-ANNUAL UPDATES OF HAZARDOUS
WASTE GENERATION INFORMATION AND FACILITY NEEDS.
CHAPTER IX. SITING AND PERMITTING OF HAZARDOUS WASTE FACILITIES
Siting hazardous waste treatment facilities is a public process
that must weigh economic with health and environmental concerns.
The siting/permitting process outlined in this chapter provides
numerous opportunities for public input. Public participation and
full disclosure are balanced in this strategy with the authority
and responsibility of local government to meet the environmental,
public health and economic needs of its citizenry.
Siting criteria have been developed to assess the appropriateness
of a site or area for a hazardous waste facility. These criteria
are designed to reduce the possible environmental or public health
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risks associated with the development of a facility. The
objectives of these criteria are to:
PROTECT THE HEALTH AND SAFETY OP THE RESIDENTS OP
SAN DIEGO COUNTY
ENSURE THE STRUCTURAL STABILITY OF THE FACILITY
PROTECT SURFACE WATER QUALITY
PROTECT GROUNDWATER QUALITY
PROTECT AIR QUALITY
PROTECT ENVIRONMENTALLY SENSITIVE AREAS
ENSURE SAFE TRANSPORTATION OF HAZARDOUS WASTE
PROTECT THE SOCIAL AND ECONOMIC DEVELOPMENT GOALS
OF THE COUNTY
A summary of these siting criteria are found in Table 1-1.
POLICIES
The siting and permitting process for hazardous waste treatment
facilities is a dynamic planning tool that can establish the
direction of hazardous waste management alternatives. The
policies for this strategy are as follows:
IX-A. Siting Criteria for Off-Site Hazardous Waste
Treatment Facilities
ENSURE THE PROTECTION OF RESIDENTS OF SAN DIEGO
COUNTY FROM RISKS ASSOCIATED WITH OFF-SITE HAZARDOUS
WASTE TREATMENT FACILITIES.
IX-B. Reduce Incinerable Wastes
ENCOURAGE THE USE OF -PREFERRED ALTERNATIVE
MANAGEMENT TECHNIQUES FOR SPECIFIC HAZARDOUS WASTE
STREAMS THAT HAVE INCINERATION AS THE PRIMARY
TREATMENT TECHNOLOGY.
IX-C. General Areas Where Off-Site Hazardous Waste
Treatment and Disposal Facilities Can Be Located
ENSURE THAT OFF-SITE HAZARDOUS WASTE TREATMENT
FACILITIES ARE CONSIDERED ONLY IN AREAS
APPROPRIATELY DESIGNATED IN LOCAL GENERAL AND
COMMUNITY PLANS.
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IX-D. Conditional Use Permit for Off-Site Treatment
Facilities
ENSURE THAT OFF-SITE HAZARDOUS WASTE TREATMENT
FACILITIES ARE SUBJECT TO COMPLETE LOCAL REVIEW.
IX-E. Incorporation of Southern California-Wide Policies
and Programs to Coordinate Local Government Actions
ENCOURAGE THE COORDINATION OF FACILITY SITING
RESPONSIBILITIES AMONG SOUTHERN CALIFORNIA'S LOCAL
GOVERNMENTS THROUGH ADOPTION AND IMPLEMENTATION OF
THE SOUTHERN CALIFORNIA HAZARDOUS WASTE MANAGEMENT
AUTHORITY REGIONAL FAIR SHARE POLICIES AND REGIONAL
ACTION PLAN.
IX-F. Conditional Use Permit for On-Site Treatment
Facilities
ENSURE THAT ON-SITE HAZARDOUS WASTE TREATMENT
FACILITIES ARE SUBJECT TO FULL LOCAL REVIEW.
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TABLE 1-1
SUMMARY OF HAZARDOUS WASTE FACILITY SITING
CRITERIA IN SAN DIEGO COUNTY
OBJECTIVE!PROTECT THE RESIDENTS OF SAN DIEGO
1. PROXIMITY TO POPULATIONS (Modified Authority Criteria)
2. PROXIMITY TO IMMOBILE POPULATIONS (Modified Authority Criteria)
3. CAPABILITY OF EMERGENCY SERVICES (Modified Authority Criteria)
OBJECTIVE: ENSURE THE STRUCTURAL STABILITY OF THE FACILITY
4. FLOOD HAZARD AREAS (Authority)
5. AREAS SUBJECT TO TSUNAMIS, SEICHES, AND STORM SURGES (Authority)
6. PROXIMITY TO ACTIVE AND POTENTIALLY ACTIVE FAULTS (Modified Authority Criteria)
7. SLOPE STABILITY (Authority)
8. SUBSIDENCE/LIQUEFACTION (Authority)
9. DAM FAILURE INUNDATION AREAS (Authority)
OBJECTIVE: PROTECT SURFACE WATER QUALITY
10. AQUEDUCTS AND RESERVOIRS (Authority)
11. DISCHARGE OF TREATED EFFLUENT (Authority)
OBJECTIVE: PROTECT GROUNDWATER QUALITY
12. PROXIMITY TO SUPPLY WELLS AND WELL FIELDS (Authority)
13. DEPTH TO GROUNDWATER (Authority)
14. GROUNDWATER MONITORING RELIABILITY (Authority)
15. MAJOR AQUIFER AREAS (Authority)
16. PERMEABILITY OF SURFICIAL MATERIALS (Authority)
17. EXISTING GROUNDWATER QUALITY (Authority)
18. PROXIMITY TO GROUNDWATER DEPENDENT COMMUNITIES (County)
OBJECTIVE: PROTECT AIR QUALITY
OBJECTIVE: PROTECT ENVIRONMENTALLY SENSITIVE AREAS
19.
20.
21.
22.
23.
24.
OBJECTIVE:
WETLANDS (Authority)
PROXIMITY TO HABITATS OF THREATENED AND ENDANGERED SPECIES (State)
NATURAL, RECREATIONAL, CULTURAL, AND AESTHETIC RESOURCES (Authority)
PRIME AGRICULTURAL LANDS (State)
MINERAL DEPOSITS (State)
PUBLIC FACILITIES AND MILITARY RESERVATIONS (Authority)
SAFE TRANSPORTATION OF HAZARDOUS WASTE
25. PROXIMITY TO AREAS OF WASTE GENERATION (Authority)
26. DISTANCE FROM MAJOR ROUTES (Authority)
27. STRUCTURES FRONTING MINOR ROUTES (Authority)
28. HIGHWAY ACCIDENT RATE (Authority)
29. CAPACITY VERSUS AADT OF ACCESS ROADS (Authority)
OBJECTIVE:PROTECT SOCIAL AND ECONOMIC GOALS
30. CONSISTENCY WITH GENERAL PLANS (Authority)
31. DIRECT REVENUE TO LOCAL JURISDICTIONS (Authority)
32. CHANGES IN EMPLOYMENT (Authority)
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TABLE 1-1. SUMMARY OF
HAZARDOUS WASTE FACILITY SITING CRITERIA IN SAN DIEGO COUNTY
SITING FACTOR SITING CRITERIA
Hazardous Waste Facilities Residuals Repository
Protect the Residents of San Diego
Proximity to Populations
Proximity to Immobile Population
(Hospitals, convalescent homes, prisons,
childcare facilities, and 1C-12 schools)
Capability of Emergency Services
If handling ignitable, volatile or reactive
wastes within 2000'feet, a risk assessment
process should be done.
If handling ignitable, volatile or reactive
wastes within one mile, risk assessment process
should be done.
Locate where fire department is trained for
hazardous material accidents, mutual aid
agreements in place, and response time meets
NFPA recommendations. Hay require additional
design features or on-site emergency services.
Facilities may provide their own emergency
response capability.
2000 feet from nearest residence and
areas designated for future residential
use in local general plans.
If handling ignitable, volatile or
reactive wastes within one mile, risk
assessment should be done.
Locate where fire department is trained
for hazardous material accidents, mutual
aid agreements in place, and response
time meets NFPA recommendations. May
require additional design features or on-
site emergency services. Facilities may
provide their own emergency response
capability.
o
Ensure the Structural Stability of
Facilii
Proximity to Active or Potentially
Active Fault
the O
200 feet from a known fault, built to seismic
Zone 4 standards
200 feet from a known active fault, built
to seismic Zone 4 standards
This is a condensed summary of the siting criteria.
Management Plan, 1989.
For a complete discussion, refer to Appendix IX-A of the San Diego County Hazardous Waste
O u o
TABLE 1-1. SUMMARY OF
HAZARDOUS WASTE FACILITY SITING CRITERIA IN SAN DIEGO COUNTY (cont.)
SITING FACTOR SITING CRITERIA
Hazardous Haste Facilities Residuals Repository
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Ensure the Structural Stability of the
Facility (continued)
Flood Hazard Areas
Areas Subject to Tsunamis, Seiches, and
Storm Surges
Dam Failure Inundation
Slope Stability
Subs i dence/Li quefacti on
Should avoid, unless designed to prevent
inundation
Should avoid unless constructed to preclude
failure
Should avoid
Should avoid such areas unless engineered to
preclude failure
Should avoid such areas unless engineered to
preclude failure
Prohibited in areas subject to 100 year
flood
Prohibited
Should avoid
Prohibited in areas of potential slope
stability
Prohibited in areas of potential
subs i dence/1i quefact i on
Protect Surface Water Quality
Aqueducts and Reservoirs
Discharge of Treated Effluent
Locate so as to minimize threats to drinking
water
If generating wastewater, should be located in
areas with adequate sewer capacity.
Locate so as to minimize threats to
drinking water
If generating wastewater, should be
located in areas with adequate sewer
capacity.
Protect Grounduater Quality
State Water Resources Control Board and
Department of Health Services require
severe restriction and monitoring of
vertical and lateral movement of liquids
in a repository, including the standards
for location and design.
* This is a condensed summary of the siting criteria. For a complete discussion, refer to Appendix 1X-A of the San Diego County Hazardous
Manaaement Plan. 1989.
Waste
Management Plan, 1989.
TABLE 1-1. SUMMARY OF
HAZARDOUS WASTE FACILITY SITING CRITERIA IN SAN DIEGO COUNTY (cont.)
SITING FACTOR SITING CRITERIA
Hazardous Waste Facilities Residuals Repository
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Protect Groundwater Quality (continued)
Proximity to Supply Wells
Depth to Groundwater
Groundwater Monitoring
Major Aquifer Recharge Areas
Permeability of Surficial Materials
Existing Groundwater Quality
Proximity to Groundwater Dependent
Communities
Locate outside cone of depression of wells and
well fields
Foundation design to preclude failure due to State Water Resources Control Board and
high water conditions. Department of Health Services require
severe restriction and monitoring of
vertical and lateral movement of liquids
in a repository, including the standards
for location and design.
Monitoring required of facilities handling
liquids
Within 1/2 mile from potential drinking water
supply if subsurface treatment or storage,
groundwater study should be conducted to
determine buffer zones. Others, supply
increased spill containment and inspection.
If located in areas of highly permeable
materials, provide increased spill containment
and inspection.
Increased spill containment and inspection in
high groundwater quality areas.
Prohibit siting within groundwater drainage basin(s) within which groundwater dependent
communities exist, except for any portion of such basin(s) 5 miles or more down-elevation from
the country town boundaries.
* This is a condensed summary of the siting criteria. For a complete discussion, refer to Appendix IX-A of the San Diego County Hazardous Waste
Management Plan, 1989.
o o o
TABLE 1-1. .SUMMARY OF
HAZARDOUS WASTE FACILITY SITING CRITERIA IN SAN DIEGO COUNTY (cont.)
SITING FACTOR SITING CRITERIA
Hazardous Waste Facilities. Residuals Repository
Protect Air Quality Risk analysis for any type of facility should address both toxic and non-toxic emissions issues
when there is evidence that such emissions have the potential to adversely affect human health
and the environment.
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Protect Environmentally Sensitive Areas
Wetlands
Endangered Species Habitats
Natural, Recreational, Aesthetic
Resources
Prime Agricultural Lands
Mineral Deposits
Public Facilities/Military Reservations
Should avoid
Should avoid
Should avoid
Should avoid
Should not preclude extraction
Should avoid
Should avoid
Should avoid
Should avoid
Should not preclude extraction
DOD policy to avoid siting all facilities on military lands. Siting on a case-by-case basis
could be considered in special circumstances. Cases-by-case consideration for other public
facilities.
Safe Transportation of Hazardous Waste
Proximity to Areas of Waste Generation
Distance from a Major Route
Should minimize travel time
Locate near an exit of a major route or routes
used locally for truck traffic.
Residuals repositories should be sited so
that one-way transportation would not
exceed one day, mostly on major routes.
Minimize distance traveled on minor
roads.
* This is a condensed summary of the siting criteria. For a complete discussion, refer to Appendix IX-A of the San Diego County Hazardous Waste
Management Plan, 1989.
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TABLE 1-1. SUMMARY OF
HAZARDOUS WASTE FACILITY SITING CRITERIA IN SAN DIEGO COUNTY (cont.)
SITING FACTOR SITING CRITERIA
Hazardous Waste Facilities Residuals Repository
Safe Transportation of Hazardous Waste
(continued)
Structures Fronting Minor Routes
Highway Accident Rate
Capacity Versus Average Annual Daily
Traffic (AADT) of Access Roads
Protect Social and Economic Goals
Consistency with the General Plan
Direct Revenue to Local Jurisdictions
Changes in Employment
Minimize home, hospitals and school route. Evaluate population at risk.
Minimize exposure to traffic accidents.
Facility developer may upgrade the road(s) to provide additional capacity.
All facilities should be located in areas consistent with the General Plan.
If these social/economic issues emerge, the applicant should finance a study to evaluate each
issue.
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* This is a condensed summary of the siting criteria. For a complete discussion, refer to Appendix IX-A of the San Diego County Hazardous Waste
Management Plan, 1989.
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CHAPTER X. OTHER SIGNIFICANT ISSUES
During the development of the Draft Hazardous Waste Management Plan
in 1988, a number of concerns were raised regarding related issues.
Although these issues are not required to be addressed as part of
the plan, and are regulated by an entirely different set of laws,
they are included in this chapter for information purposes.
This chapter includes a discussion of the following issues:
Infectious Waste
Hazardous Waste from Mexico - The Maquiladora Program
Pesticides
Radioactive Waste
Mobile Treatment Units
CHAPTER XI. GOALS. POLICIES AND IMPLEMENTATION STRATEGY
This chapter of the plan focuses on the necessary implementation
activities that will ensure that the plan is a workable document
for the cities and the County of San Diego. It includes a summary
of the overall policy direction for hazardous waste management
activities in San Diego County. It also proposes an implementation
strategy to accomplish these policies, as well as identifying
responsible agencies and funding sources.
The overall goal of the Hazardous Waste Management Plan is:
TO ESTABLISH A SYSTEM FOR MANAGING HAZARDOUS MATERIALS,
INCLUDING WASTES, TO PROTECT PUBLIC HEALTH, SAFETY AND
WELFARE, AND MAINTAIN THE ECONOMIC VIABILITY OF SAN DIEGO
COUNTY.
This goal can be accomplished through a series of policies and
implementing actions that focus on the safe management of hazardous
waste in San Diego. These policies were developed and discussed
fully in their chapters of origin, and have been grouped into five
areas that are listed below.
Comprehensive Hazardous Waste Management System
Goal: TO DEVELOP A COMPREHENSIVE PROGRAM FOR THE SAFE MANAGEMENT
OF ALL HAZARDOUS WASTES IN SAN DIEGO COUNTY.
Policies; IV-A. Hazardous Waste Data Management System
IV-B. Technical Assistance to Industry
IV-C. New Businesses Generating Hazardous Waste
VII-A. HMMD and the Military
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Household Hazardous Waste
Goal; TO DEVELOP A COMPREHENSIVE PROGRAM FOR THE SAFE MANAGEMENT
OF ALL HOUSEHOLD HAZARDOUS WASTES IN SAN DIEGO COUNTY.
Policies; V-A. Household Hazardous Waste Disposal Alternatives
V-B. Household Hazardous Waste School Curricula
V-C. Household Hazardous Waste Reduction
Hazardous Waste Minimization
Goal: TO ENCOURAGE INDUSTRY TO INCORPORATE THE PROPER HIERARCHY
OF WASTE MANAGEMENT ALTERNATIVES THAT WILL REDUCE THE
GENERATION OF HAZARDOUS WASTE DISCHARGED TO THE
ENVIRONMENT.
Policies; VI-A. Promote Waste Minimization
VI-B. Hazardous Waste Minimization
Opportunity Assessments
VI-C. Incentives for Waste Minimization
VI-D. Annual Waste Minimization Report
VI-E. Financial and Technical Assistance for
Waste Minimization
Siting and Permitting of Hazardous Waste Facilities
Goal; TO ACCELERATE THE SITING AND PERMITTING OF NEEDED HAZARDOUS
WASTE FACILITIES.
Policies; VIII-C. Updates on Hazardous Waste
Information
IX-A. Siting Criteria for Off-Site
Hazardous Waste Treatment Facilities
IX-C. General Areas Where Off-Site Hazardous
Waste Treatment and Disposal Facilities
Can Be Located
IX-D. Conditional Use Permit for
Off-Site Treatment Facilities
IX-E. Incorporation of Southern California-
Wide Policies and Programs to
Coordinate Local Government Actions
IX-F. Conditional Use Permit for On-Site
Treatment Facilities
Targeted Hazardous Wastes
Goal; TO ENSURE THAT AN ACCURATE ASSESSMENT IS MADE OF THE NEED
FOR RESIDUALS REPOSITORIES AND INCINERATION FACILITIES AND
THAT CONTAMINATED SITES ARE CLEANED-UP IN A TIMELY MANNER.
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Policies; IV-D. Contaminated Hazardous Waste Sites
VIII-B. Fuel Contaminated Soil
IX-B. Reduce Incinerable Wastes
VIII-A. Residual Repositories
Hazardous Waste Management Plan Implementation
Goal; TO ENSURE THAT THE SAN DIEGO COUNTY HAZARDOUS WASTE
MANAGEMENT PLAN IS ACCURATE AND UP-TO-DATE.
Policies; XI-A. Plan Adoption
ENSURE THAT THE HAZARDOUS WASTE MANAGEMENT PLAN
IS APPROVED AND ADOPTED.
XI-B. Public Information and Participation
ENSURE THAT THE PUBLIC HAS ADEQUATE HAZARDOUS
WASTE INFORMATION AND OPPORTUNITIES TO
PARTICIPATE IN DECISIONS ON HAZARDOUS WASTE
ISSUES.
XI-C. Plan Updates
ENSURE THAT THE HAZARDOUS WASTE MANAGEMENT PLAN
IS APPROPRIATELY UPDATED OR MODIFIED TO REFLECT
NEW LEGISLATION AND INFORMATION.
XI-D. Funding for Plan Updates
ENSURE THAT ADEQUATE FUNDING IS AVAILABLE TO
UPDATE THE HAZARDOUS WASTE MANAGEMENT PLAN AND
IMPLEMENT NECESSARY PROGRAMS.
XI-E. Plan Implementation
ENCOURAGE THE USE OF THE DATA, POLICIES AND
RECOMMENDATIONS OF THE HAZARDOUS WASTE
MANAGEMENT PLAN AND ITS MOST RECENT UPDATES IN
EVALUATING 'FACILITY SITING PROPOSALS.
These policies are summarized in Table 1-2.
PLAN APPROVAL
AB 2948 (Tanner, 1986) requires that the Final Hazardous Waste
Management Plan be approved by a majority of the cities within the
county which contain a majority of the population of the
incorporated area.
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The County and cities of San Diego will be requested to take the
following actions on the Final Hazardous Waste Management Plan:
1. Approve the plan for submittal to the State DOHS.
2. Agree to do the following within 180 days of being notified
of DOHS approval:
a. Adopt a policy to consider the data, policies and
recommendations of the San Diego Hazardous Waste
Management Plan in evaluating applications for facility
siting.
b. Adopt the siting criteria in the San Diego County
Hazardous Waste Management Plan for use in evaluating
facility applications.
c. Use the general areas identified in the San Diego
Hazardous Waste Management Plan as the basis for
accepting facility applications.
d. Adopt the model Conditional Use Permit, or other
equivalent procedural means, for processing and
evaluating facility permits.
e. Consider approval and use of the Southern California
Hazardous Waste Management Plan and intergovernmental
agreements and incentives program in evaluating
applications in facility siting.
The actions in number 2 can be accomplished through adoption of
ordinances and general plan amendments.
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TABLE 1-2. SUMMARY OF GOALS. POLICIES AND IMPLEMENTATION STRATEGIES
FOR THE SAN DIEGO COUNTY HAZARDOUS UASTE MANAGEMENT PLAN
COMPREHENSIVE HAZARDOUS UASTE MANAGEMENT SYSTEM
GOAL: To develop a comprehensive program for the safe management of all hazardous wastes in San Diego County.
POLICIES IMPLEMENTATION RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
1V-A.Hazardous Waste Data
Management System
Ensure that complete and accurate
information is available on all
hazardous waste generated, handled,
stored, treated, transported and
disposed of in San Diego County.
1. Modify the HMMO data collection
system to include the following
additional information:
a. on-site treatment
b. disposition of off-site waste
2. Provide training for all HMMO
inspectors to standardize the
information collected.
3. Increase the level of analytic
capability to continue the efficient
integration between DOHS and HMMD
data systems.
Hazardous Materials Management
Division (all)
State Department of Health Services
(3)
This is a new program.
Estimated County cost:
$11,000 one-time-only
Funding source:
Proposed State legislation
(Policy XI-D)
IV-B.Technical Assistance to
Ensure that all businesses are able
to assume greater responsibility for
hazardous waste management by
providing a technical assistance
program encompassing all aspects of
hazardous waste management.
1. Establish and maintain a
hazardous waste information
clearinghouse.
2. Provide training for HMMD staff
on all aspects of hazardous waste
management.
3. Work with industry groups to
provide educational opportunities on
all aspects of hazardous waste
management.
Hazardous Materials Management
Division (all)
State Department of Health Services
(all)
This is an existing program.
Estimated County cost:
This policy adds no cost to
existing program budget.
Funding source:
Fee-for-service permits.
the
IV-C.Hew Businesses Generating
Hazardous Waste
Ensure that new and proposed
businesses using hazardous materials
and generating hazardous wastes are
screened by City and County
regulatory agencies.
1. Develop a model ordinance,
designed to screen new businesses
using hazardous materials and
generating hazardous waste, for the
cities and county to modify to their
specific needs.
2. Adopt the ordinance utilizing
the local planning and regulatory
license process.
Hazardous Materials Management
Division (all)
Hazardous Waste Management Plan
Advisory Committee (1)
Appropriate City Departments (2)
Appropriate County Departments (2)
This is a new program.
Estimated County cost:
$10,000
Funding source:
HMMD budget
COMPREHENSIVE HAZARDOUS UASTE MANAGEMENT SYSTEM (continued)
TABLE 1-2. Summary of Goals, Policies and Implementation Strategies (continued)
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES FISCAL IMPACT/FUNDING SOURCES
(assigned inpleaentation activity)
VII-A. HHHD and Military 1. A task force should be developed Hazardous Materials Management This is a new program.
consisting of staff from the HMMO Division (all) Estimated County cost:
Enhance the relationship between the and each of the county's military U.S. Navy Engineering Field $8,000 one-time-only
Hazardous Materials Management bases. Activity, Southwest Funding source:
Division and the region's military 2. The task force should explore Proposed State legislation
in areas of common concern. areas of common concern and (Policy XI-D)
formulate recommendations for
cooperative solutions.
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HOUSEHOLD HAZARDOUS WASTE
TABLE 1-2. Summary of Goals, Policies and Implementation Strategies (continued)
GOAL: To develop a comprehensive program for the safe Management
of all household hazardous wastes in San Diego County.
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
V-A. Household Hazardous Waste
Disposal Alternatives
Encourage safe and proper disposal
of household hazardous waste by
providing convenient disposal
alternatives such as regional
collection centers and community
coIIect i on events.
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1. Determine appropriate locations
for household hazardous waste
collection centers.
2. Apply for and receive appropriate
permits for the collection centers
from the State Department of Health
Services.
3. Evaluate the effectiveness of
collection centers as a means to
meet the timely needs of residents
and to determine if additional sites
would be beneficial.
4. Continue district collection
events as collection centers are
being established. Evaluate role of
district events in program publicity
and amend number of events per year
as appropriate in combination with
centers for a comprehensive and
effective program.
5. Continue door-to-door pickup for
elderly and disabled residents.
Management
4)
Hazardous Materials
Division (all)
Appropriate City Departments (1,
Appropriate County Departments
(1, 4)
State Department of Health Services
(2)
This is an existing program.
Estimated County cost:
This policy adds no cost to the
existing program budget.
Funding sources:
County Department of Public
Works-Solid Waste Enterprise
Fund
San Diego City Water Utilities
Department
Encina Water Pollution Control
District
V-B. Household Hazardous Waste
School Curricula
Encourage school districts to adopt
hazardous waste curricula for 4th -
6th and 7th - 9th grades to enhance
education for children.
1. Provide a teacher training
program in all San Diego school
districts.
2. Provide teacher consultation and
assistance for classroom
application.
3. Translate curricula into Spanish.
4. Evaluate curricula effectiveness
and make necessary modifications.
5. Provide information to school
districts and encourage formal
adoption of curricula into program.
Hazardous Materials
Division (all)
Management This is an existing program.
Estimated County cost:
This policy adds no cost to the
existing program budget.
Funding sources:
County Department of Public
Works-Solid Waste Enterprise
Fund
San Diego City Water Utilities
Department
Encina Water Pollution Control
District
HOUSEHOLD HAZARDOUS WASTE (continued)
TABLE 1-2. Summary of Goals, Policies and Implementation Strategies (continued)
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
V-C. Household Hazardous Waste
Reduction
Encourage reduction of the use of
household hazardous materials by
promoting safe substitutes through
community education efforts.
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1. Research less-toxic and safe-
substitute alternatives to common
household products.
2. Develop information fact sheets
.and brochures describing
alternatives.
3. Provide an effective community
education program utilizing written
and audio-visual materials.
4. Work with retail establishments
to encourage stocking and promotion
of less-toxic products.
5. Encourage model reduction
programs within government agencies.
Hazardous Materials
Division (all)
Management This is an existing program.
Estimated County cost:
This policy adds no cost to the
existing program budget.
Funding sources:
County Department of Public Works
Solid Waste Enterprise Fund
San Diego City Water Utilities
Department
Encina Water Pollution Control
District
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HAZARDOUS UASTE MINIMIZATION
TABLE 1-2. Summary of Goals, Policies and Implementation Strategy (continued)
GOAL: To encourage industry to incorporate the proper hierarchy of waste nanageoent alternatives
that will reduce the generation of hazardous waste discharged to the environment.
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
Vl-A. Promote Waste Minimization
Encourage industry to reduce its
hazardous waste by a countywide goal
of 30% within the next five years by
promoting waste minimization as the
first priority in the hazardous
waste management hierarchy.
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1. Provide training to HHMD
inspectors and representatives of
other environmental regulatory
agencies on waste minimization
techniques.
2. Increase the level of technical
assistance to hazardous waste
generators by emphasizing the
benefits of waste minimization.
3. New businesses wishing to locate
in San Diego County (or to expand
existing facilities significantly)
shall demonstrate their commitment
to the policy of hazardous use
reduction as a condition for
receiving permits.
Hazardous Materials Management
Division (all)
State Department of Health Services
(all)
This is a modification of an
existing program.
Estimated County cost:
$3,100 one-time-only
$1,200 annually
Funding source:
Proposed State legislation
(Policy XI-D)
VI-B. Hazardous Waste Minimization
Opportunity Assessments
Encourage businesses to conduct
waste minimization opportunity
assessments to determine their
potential for source reduction and
recycling.
1. Conduct hazardous waste
minimization opportunity assessments
for generators.
2. Require existing businesses to
submit hazardous waste minimization
plans.
3. Require new businesses to prepare
and submit a hazardous waste
minimization plan when applying for
hazardous waste permits.
4. Cities should adopt a mechanism
to require businesses to prepare,
submit and implement hazardous waste
minimization plans.
Hazardous Materials Management
Division (1, 2, 3)
Appropriate City Departments (4)
Appropriate County Departments (4)
This is a modification of an
existing program.
Estimated County cost:
$8,400 annually
Funding source:
Proposed State legislation
(Policy XI-D)
HAZARDOUS UASTE MINIMIZATION (continued)
TABLE 1-2. Summary of Goals, Policies and Implementation Strategies (continued)
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned inplenentation activity)
FISCAL IMPACT/FUNDING SOURCES
VI-C.Incentives for Waste
Minimization
Establish a reward program to
recognize businesses that implement
waste minimization successfully.
1. Enhance the public
relations/community awareness
component of the Promote Landfill
Alternatives Now (P.L.A.N.) by
conducting the following tasks:
a. Establish evaluation criteria
for selecting waste
minimization programs.
b. Award city and county
proclamations to selected
businesses.
2. Conduct a media campaign designed
to recognize these businesses.
3. Explore the modification of the
existing hazardous waste permit fee
structure to reward those businesses
that have successful waste
minimization programs.
Hazardous Materials Management
Division (all)
Board of Supervisors (1,2)
City Councils (1,2)
This is a new program.
Estimated County cost:
$5,700 annually
Funding source:
Proposed State legislation
(Policy XI-D)
VI-D. Annual Waste Minimization
Report
Prepare an annual report on the
progress of waste minimization
efforts in the county.
1. Prepare an annual report which
analyzes the progress of waste
minimization efforts in San Diego
County.
2. Incorporate the findings of the
annual report into the Hazardous
Waste Management Plan updates.
County Hazardous Materials
Management Division (all)
This is a new program.
Estimated County cost:
$4,200 annually
Funding source:
Proposed State legislation
(Policy XI-D)
VI-E. Financial and Technical
Assistance for Waste Minimization
Ensure that financial and technical
assistance programs are available
for hazardous waste minimization
projects.
1. Assess the applicability of grant
and/or loan programs for industry
waste minimization projects.
2. Explore the introduction of
legislation which would provide
waste minimization incentives to
industry through grants, loans, tax
breaks, or other financial
mechanisms.
3. Continue to promote hazardous
waste minimization through P.L.A.N.
by providing technical expertise in
alternative management techniques.
State Department of Health Services
(all)
Hazardous Materials Management
Division (all)
Various Lending Institutions (all)
This is a new program.
Estimated County Cost:
$2,600 annually
Funding source:
Proposed State legislation
(Policy XI-D)
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SITING ADO PERMITTING OF HAZARDOUS UASTE FACILITIES
TABLE 1-2. Summary of Goals, Policies and Implementation Strategies (continued)
GOAL: To accelerate the siting and permitting of needed hazardous waste facilities.
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
VI1I-C. Updates of Hazardous Waste
Information
Provide annual or semi-annual
updates of hazardous waste
generation information and facility
needs.
1. Request DOHS to make specified
changes in the HUIS format.
2. Request DOHS to provide HUIS
information on an annual or semi-
annual basis.
3. Modify the HMMD inspection forms
as necessary to obtain needed
information.
4. Provide jurisdictions with an
annual update of hazardous waste
generation information and facility
needs.
Hazardous Materials Management
Division (all)
State Department of Health Services
(1,2)
This is a new program.
Estimated County cost:
$9,000 annually
Funding source:
Proposed State legislation
(Policy XI-D)
1X-A. Siting Criteria for Off-Site
Hazardous Waste Treatment Facilities
Ensure the protection of the
residents of San Diego County from
risks associated with off-site
hazardous waste treatment
facilities.
Incorporate the siting criteria into
City and County General Plans or
Conditional Use Permit Ordinance to
be used to determine acceptable
locations and conditions .for off-
site hazardous waste treatment
facilities.
Appropriate County Departments
Appropriate City Departments
This is a new program.
Estimated County cost:
Included in the cost of plan
approval (Policy XI-A)
Funding source:
Proposed State legislation
(Policy XI-D)
IX-C. General Areas Where Off-Site
Hazardous Waste Treatment and
Disposal Facilities Can Be Located
Ensure that off-site hazardous waste
treatment facilities are considered
only in areas appropriately
designated in local general and
community plans.
Incorporate the seven general area
policies into City and County
General Plans as guidance for local,
state and federal agencies in
determining the appropriate
locations where applications for
hazardous waste treatment and
disposal facilities should be
located.
Appropriate County Departments
Appropriate City Departments
This is a new program.
Estimated County cost:
Included in the cost of plan
approval (Policy XI-A)
Funding source:
Proposed State legislation
(Policy XI-0)
SITING AND PERMITTING OF HAZARDOUS UASTE FACILITIES (continued)
TABLE 1-2. Summary of Goals, Policies and Implementation Strategies (continued)
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
IX-D. Conditional Use Permit for
Off-Site Treatment Facilities
Ensure that off-site hazardous waste
treatment facilities are subject to
complete local review.
1. The model Conditional Use Permit
(CUP) contained in the plan includes
the applicable provisions of Chapter
6.5 and references the need for an
environmental review and risk
assessment. This permit was
developed by the City of San Diego.
2. The model CUP should be the basis
for adoption for a CUP by the County
and each of the cities of San Diego.
Hazardous Waste Management
Advisory Committee (all)
County of San Diego (2)
Cities of San Diego (2)
Plan This is a new program.
Estimated County cost:
Included in the cost of plan
approval (Policy XI-A)
Funding source:
Proposed State legislation
(Policy XI-D)c
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1X-E. Incorporation of Southern
California-Wide Policies and
Programs to Coordinate Local
Government Actions
Encourage the coordination of
facility siting responsibilities
among Southern California's local
governments through adoption and
implementation of the southern
California Hazardous Waste
Management Authority regional plan
fair share policies and regional
action plan.
The fair share policies (seven fair
share principles and fair share
formula) and regional action plan
should be incorporated as a policy
in the County Hazardous Waste
Management Plan and used by all
local jurisdictions in making
facility siting decisions.
Appropriate County Departments
Appropriate City Departments
This is a new program.
Estimated County cost:
Included in the cost of plan
approval (Policy XI-A)
Funding source:
Proposed State legislation
(Policy XI-D)
1X-F. Conditional Use Permit for On-
Site Treatment Facilities
Ensure that on-site hazardous waste
treatment facilities are subject to
full local review.
1. The model Conditional Use Permit
(CUP) contained in the plan also
applies to on-site TSDFs.
2. The model CUP should be the basis
for adoption of a CUP by the County
and each of the cities of San Diego.
Hazardous Waste Management
Advisory Committee (all)
County of San Diego (2)
Cities of San Diego (2)
Plan This is a new program.
Estimated County cost:
Included in the cost of plan
approval (Policy XI-A)
Funding source:
Proposed State legislation
(Policy XI-D)
U o o
TARGETED HAZARDOUS UASTES
TABLE 1-2. Summary of Goats, Policies and Implementation Strategies (continued)
GOAL: To ensure that an accurate assessment is made of the need for residuals repositories
and incineration facilities and that contaminated sites are cleaned-up in a tinely Banner.
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
Contaminated Hazardous Waste
Ensure timely and complete
mitigation of contaminated hazardous
waste sites in San Diego County.
1. The HMHD should work closely with
the DOHS in establishing and meeting
the 'timelines for mitigation of the
region's "Superfund" sites.
2. The County should work with the
affected cities of San Diego to
develop a common strategy for
addressing the complex land use
issues.
3. The County and cities should seek
legislative and/or legal remedies to
these issues.
State Department of Health Services
(1)
Hazardous Materials Management
Division (all)
County of San Diego (2, 3)
Cities of San Diego (2, 3)
This is an existing program.
Estimated County cost:
This policy adds no cost to
the existing program budget.
Funding source:
Fee-for-service permits
Ul V11I-B. Fuel Contaminated Soil
Encourage the application of on-site
treatment technologies to soils
contaminated from leaking
underground storage tanks.
1. The HMMO should join with state-
wide organizations such as the
California Conference of Directors
of Environmental Health and the
County Supervisors Association of
California in petitioning the DOHS
to act quickly to review and permit
safe and effective on-site treatment
technologies to manage contaminated
soil.
2. Explore the feasibility of having
the Hazardous Materials Management
Division review on-site treatment
permits on behalf of the State.
State Department of Health Services
(all)
Hazardous Materials Management
Division (all)
This is a new program.
Estimated County cost:
No additional cost if the State
Department of Health Services
issues permits.
$85,000 annually if the Hazardous
Management Division issues
permits.
Funding source:
Fee-for-service permits
TARGETED HAZARDOUS WASTES (continued)
TABLE 1-2. Summary of Goals, Policies and Implementation Strategies (continued)
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
IX-B. Reduce Incinerable Wastes
Encourage the use of preferred
alternative management techniques
for specific hazardous waste streams
that have incineration as the
primary treatment technology.
1. Specific waste minimization
strategies and preferred alternative
treatment techniques should be
identified for those waste streams
appropriate for incineration.
2. The San Diego County businesses
which generate these waste streams
should be identified through the
HMMO database.
3. Education and technical
assistance should be provided to
these targeted through the HMMD
inspection and waste minimization
programs.
Hazardous Materials
Division (all)
Management This is a new program.
Estimated County cost:
Included in the cost of
implementing waste minimization
policies (Chapter VI)
Funding source:
Proposed State legislation
(Policy XI-D) f
U)
N)
VII1-A. Residual Repositories
Ensure that adequate facility
capacity is available to dispose of
hazardous waste and treatment
residuals.
1. Solicit DOHS's approval of the
disposal assessment methodology.
2. Encourage the use of the disposal
assessment methodology by local,
regional and statewide Hazardous
Waste Management Plans.
3. Support efforts to permit
"designated landfills" throughout
the State.
Hazardous Materials Management
Division (all)
San Diego County Department of
Public Works (3)
State Department of Health Services
(1, 2)
Southern California Hazardous Waste
Management Authority (2)
California Waste Management Board
(3)
This is a new program.
Estimated County cost:
Included in the cost of plan
approval (Policy XI-A)
Funding source:
Proposed State legislation
(Policy XI-D)
o o o
HAZARDOUS WASTE MANAGEMENT PLAN IMPLEMENTATION
TABLE 1-2. Summary of Goals, Policies and Implementation Strategies (continued)
GOAL: To ensure that the San Diego County Hazardous Waste Management Plan is accurate and up-to-date.
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
Xl-A. Plan Adoption
Ensure that the San Diego County
Hazardous Waste Management Plan is
approved and adopted.
I
u
U)
1. Make presentations to each of the
cities upon request.
2. Make modifications to the HUMP,
based on the input from the public,
the State Department of Health
Services and the cities of San
Diego.
3. Present the final HUMP to the
Board of Supervisors and the cities
of San Diego County on or before
June 1. 1989.
4. Request that the Board of
Supervisors and city councils adopt
the package of ordinances and siting
criteria.
5. Prepare and certify the EIR for
the HWMP.
County Board of Supervisors (3,4,5)
City Councils of San Diego (1,3,4)
San Diego Association of Governments
(1,3,4)
Hazardous Materials Management
Division (all)
State Dept. of Health Services (3)
This is a new program.
Estimated County cost:
$113,500 one-time-only
Funding source:
Proposed State legislation
(Policy XI-D)
Xl-B.Public Information and
Participation
Ensure that the public has adequate
hazardous waste information and
opportunities to participate in
decisions on hazardous waste issues.
1. Continue efforts to inform the
public of county hazardous waste
issues (i.e. "HAZPLAN NEWS"
newsletter, presentations to
Community Planning Groups, etc.)
2. Develop a multi-media campaign
(brochures, slide shows) to
facilitate in the public
presentations.
3. Provide an open-door policy to
discuss hazardous waste issues with
the media and citizen groups.
Hazardous Materials Management
Division (all)
San Diego Association of Governments
(all)
This is a new program.
Estimated County cost:
$57,000 on-time-only
Funding source:
Proposed State legislation
(Policy XI-D)
HAZARDOUS UASTE MANAGEMENT PLAN IMPLEMENTATION (continued)
TABLE 1-2. Summary of Goats, Policies and Implementation Strategies (continued)
POLICIES IMPLEMENTATION STRATEGY RESPONSIBLE AGENCIES
(assigned implementation activity)
FISCAL IMPACT/FUNDING SOURCES
XI-C. Plan Updates
Ensure that the Hazardous Waste
Management Plan is appropriately
updated or modified to reflect new
legislation and information.
1. Action by the Board of
Supervisors to designate the
Hazardous Waste Management Plan
Advisory Committee as a standing
committee to meet annually or as the
need dictates.
2. Provide an annual report to the
Board of Supervisors and the SANOAG
Board on the status of the plan and
its implementation.
County Board of Supervisors (all)
Cities of San Diego (all)
San Diego Association of Governments
(all)
Hazardous Materials Management
Division (all)
This is a new program.
Estimated County cost:
$10,000 annually
Funding source:
Proposed State legislation
(Policy XI-D)
XI-D. Funding for Plan Updates
H
U»
Ensure that adequate State funding
is available to update the Hazardous
Waste Management Plan and implement
necessary programs.
Support/introduce legislation which
would provide a regular and
predictable source of funding for
local planning efforts relative to
HWMPs.
County Board of Supervisors
County Supervisors Association of
California City Councils
City Councils
League of California Cities
Hazardous Materials Management
Division
State Department of Health Services
San Diego Association of Governments
No significant impact.
XI-E. Plan Implementation
Encourage the use of the data,
policies and recommendations of the
Hazardous Waste Management Plan and
its most recent updates in
evaluating facility siting
proposals.
Recommend adoption of this policy by
each city and the County of San
Diego.
County of San Diego
Cities of San Diego
Hazardous Materials Management
Division
San Diego Association of Governments
This is a new program.
Estimated County cost:
Included in the cost of plan
adoption (Policy XI-A)
Funding source:
Proposed State legislation
(Policy XI-D)
o o o
County of San Diego
HAZARDOUS
WASTE MANAGEMENT
PLAN
1989 - 2000
APPENDIX II-A
Assembly Bill 2948
Tanner -1986
Assembly Bill No. 2948
CHAPTER 1504
An act to add Sections 65963.1 and 66780.8 to the Government
Code, and to amend and renumber Section 25117.7 of, to add Sections
25117.2,25173.5,25200.1, and 25200.2 to. to add Article 3.5 (commenc-
ing with Section 25135) and Article 8.7 (commencing with Section
25199) to Chapter 6.5 of Division 20 of, and to repeal Sections 25135.8
and 25204 of, the Health and Safety Code, relating to hazardous
waste.
[Approved by Governor September 30,1966. Filed with
Secretary of Stmte September 30. 1906.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2948, Tanner. Hazardous waste: management plans and
facility siting procedures.
(1) Existing law requires counties and cities to adopt general
plans and requires counties to adopt a solid waste management plan*
the hazardous waste portion of which is subject to review by the State
Department of Health Services.
This bill would authorize a county, in lieu of preparing the
hazardous waste portion of the solid waste management plan, to
adopt, by September 30, 1988, a county hazardous waste
management plan pursuant to guidelines adopted by the
department, and would specify the procedures for the preparation,
revision, adoption, approval, and amendment of these plans. The bill
would authorize a county to delegate the authority to prepare the
plan to a city, a joint powers agency, or any other special planning
agency. The bill would authorize a city, or 2 or more cities acting
jointly within a county, to prepare the county hazardous waste
management plan if the county in which the city or cities are located
does not elect to prepare a plan. The bill would authorize specified
councils of governments to adopt regional hazardous waste
management plans. The bill would require the Southern California
Association of Governments to transfer the responsibility to prepare
the regional plan to the Southern California Hazardous Waste
Management Authority, if the authority is created by a joint powers
agreement The bill would prohibit any person from establishing or
expanding an offsite facility, unless the city's or county's legislative
body finds that the establishment or expansion is consistent with the
county hazardous waste management plan.
The bill would create, within the Hazardous Waste Control
Account in the General Fund, the Hazardous Waste Management
Planning Subaccount and would authorize the department to
expend the moneys in the subaccount, upon appropriation by the
Legislature, for the purpose of paying for the costs of the state
RtPRlNT 94 so
Appendix II-A, Page 1
o
Ch. 1504 —2 —
department in administering the program, and for providing grants
to councils of governments, counties, and cities in carrying out these
provisions.
The bill would transfer to the Hazardous Waste Management
Planning Subaccount $10,000,000 of the funds appropriated to the
Hazardous Control Account from the proceeds received by the state
from any settlements under specified provisions of the Outer
Continental Shelf Lands Act
(2) Existing law imposes a fee upon the operator of a hazardous
waste disposal site for the purpose of funding specified activities
concerning hazardous waste regulation.
This bill would authorize a city or county in which there is located
an offsite, multiuser hazardous waste facility, as defined, to impose
a tax, for general purposes, or a user fee upon the operation of the
facility, up to an amount equal to 10% of the facility's annual gross
receipts for hazardous waste treated, stored, or disposed of at that
facility, except as specified.
(3) Existing law requires public agencies to approve applications
for development projects, as defined, within specified time periods,
including projects for the discharge or disposal of waste. Existing law
also requires the department to issue hazardous waste facilities
permits to use and operate hazardous waste facilities.
This bill would expressly provide that the development project
approval provisions apply to the making of a land use decision or the
issuance of a permit, as defined, by a public agency, for a hazardous
waste facility project which is not a land disposal facility.
The bill would also establish procedures for the approval and
review of applications for a land use decision concerning a hazardous
waste facility project, as defined, by a local agency. The bill would
require the Office of Permit Assistance in the Office of Planning and
Research to perform specified duties concerning a hazardous waste
facility project, including providing information and assistance, and
convening meetings on project applications. The bill would require
that a person applying to a local agency for a land use decision
concerning an ofEnte hazardous waste facility to pay a fee, as
established by the Office of Permit Assistance, and would require the
office to deposit these fees in the Local Agency Technical Assistance
Account, which the bill would create in the General Fund. The
money in the account would be available for expenditure by the
office, upon appropriation by the Legislature, to make technical
assistance grants to local agencies. The bill would specify procedures
for the processing of applications by public agencies for hazardous
waste facilities projects pending certain judicial actions.
The bill would also establish procedures for appealing a local
agency land use decision concerning the siting and construction, or
expansion of, an offsite hazardous waste facility serving more than
one hazardous waste generator. The bill would require an appeal to
be authorized by the Governor or the Governor's designee, would
94 80
Appendix II-A, Page 2
— 3— Ch. 1504
provide for the establishment of an appeal board to review the
appeal, and would specify the procedures and determinations which
the appeal board is required to follow in agreeing with, reversing, or
modifying a local agency's land use decision.
The bill would prohibit the department from issuing a hazardous
waste facility permit after January 1, 1987, unless the department
makes a specified finding.
The bill would prohibit the department from issuing a permit to
a hazardous waste land disposal facility which commences operation
after January 1,1987, except as specified, and the department would
also be required to prohibit the land disposal of untreated hazardous
waste after January 1,1990, except as specified. This provision would
not become operative if SB 1500 is enacted and becomes operative.
(4) The bill would also make a statement of legislative intent and
would make conforming changes.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims
Fund to pay the costs of mandates which do not exceed $500,000
statewide and other procedures for claims whose statewide costs
exceed $500,000.
This bill would impose a state-mandated local program by
requiring cities, counties, and districts to take specified actions
concerning planning for hazardous waste management and making
land-use decisions for hazardous waste facilities and by creating
certain crimes concerning payment of a fee to operate a hazardous
waste facility.
The bill would provide that reimbursement shall be made
pursuant to those statutory procedures and, if the statewide cost does
not exceed $500,000, shall be payable from the State Mandates Claims
Fund, except that, for certain costs, the bill would provide that no
reimbursement is required for a specified reason.
The people of the State of California do enact as follows
SECTION 1. (a) The Legislature hereby finds and declares all of
the following:
(1) The quality of life of the citizens of this state is based upon a
large variety of consumer goods produced by the manufacturing
economy of the state. The complex industrial processes that produce
these goods also generate waste byproducts, some of which are
hazardous to the public health and the environment
(2) Safe and responsible management of hazardous wastes is one
of the most important environmental problems facing the state at the
present time. This management is critical to the protection of the .
public health and the environment and also to the economic growth
of the state. If environmentally sound hazardous waste facilities are
94 110
Appendix II-A, Page 3
o 3
Ch. 1504 — 4 —
not available to effectively manage the hazardous wastes produced
by the many industries of the state, the state's economic activity will
be hampered and cannot prosper, public health and the
environment will be threatened by the increased illegal disposal, and
the use of'outmoded disposal practices will continue.
(3) A solution to the safe and responsible management of
hazardous wastes requires an effective planning process' that
involves local and state governments, the public, and industry. The
process must provide a more expeditious method than presently
exists for siting needed hazardous waste management facilities and
granting the necessary permits. The process also must provide a
means for ensuring that needed facilities are environmentally sound,
do not pose a threat to the public health and safety, and will not be
rejected because of local opposition.
(4) A solution to the safe and responsible management of
hazardous wastes, also requires improved programs of waste source
reduction and recycling, ard encouraging onsite treatment of
hazardous wastes, as preferable to the siting of new land disposal
facilities. The goal of this act, which recognizes the long-term health,
environmental, and economic risks of hazardous waste land disposal,
is to prevent hazardous waste from.being permanently disposed into
land, or emitted into the air, without being processed by an
economically and technically feasible alternative technology.
Attaining this goal will require the development of feasible programs
which should result in the reduction of the volume and hazard of
hazardous wastes at their source, and die development of expanded
recycling programs for hazardous waste This goal also requires that,
as an alternative to traditional land disposal methods, residuals
repositories be utilized for the byproducts of preferred hazardous
waste treatment technologies. Because of the threat to public health
and safety posed by the traditional land disposal of hazardous wastes,
it is necessary that these methods of dealing with hazardous wastes
come quickly into place.
(5) The safe transport of hazardous wastes from the source of
generation to the point of ultimate disposal is an important element
in the total management of hazardous waste. Strong enforcement of
existing law regarding the manifest system, vehicle safety, and
emergency response preparedness must be assured to provide for
the full protection of public health and the environment.
(6) Monitoring of hazardous waste management facilities and the
effective enforcement of existing federal and state hazardous waste
regulations are also essential to protect the public health and
environment and to meet the public's concerns regarding the
acceptance of needed new hazardous waste management facilities.
(7) An assurance of an adequate system which provides for full
compensation for injury and damage found to be caused by
hazardous waste is central to protecting the public health, safety, and
welfare. '
94 140
Appendix II-A, Page 4
— 5— Ch. 1504
(b) The Legislature, therefore, declares that it is in the public
interest to establish a state policy that has the objective of ensuring
that safe, effective, and economical facilities for the management of
hazardous wastes are available when they are needed, and that these
facilities are of a type, and operated and monitored in a manner,
which protects public health and the environment The principles
underlying this policy include all of the following:
(1) Because the state's economy and quality of life are dependent
on many substances and products that result in the production of
hazardous wastes, all Californians must share in the responsibility for
finding safe and effective solutions to the management and disposal
of hazardous wastes, including efforts to reduce the amount and
hazard of this waste.
(2) Local government, state government, the public, and industry
need to form a partnership in an effort to plan for, and site, needed
treatment and disposal facilities.
(3) Even though suitable sites for treatment and disposal facilities
may be limited, it is necessary that all local communities in the state
be willing to share die burden of hazardous waste management and
that all local governments consider the feasibility and
appropriateness of identifying suitable sites for treatment and
disposal facilities in their general plans.
(4) While local land use planning and health, safety, and
environmental requirements must be the. basis for siting needed
hazardous waste facilities, local facility siting decisions may not
adequately consider the waste management needs of the region or
of the state. Because of the need to consider the region's or state's
waste management needs, procedures should be established for
appealing the local rejection of needed and technically and
environmentally sound hazardous waste facilities to a body with a
regional or statewide perspective. However, an appeal of a
hazardous waste facility, pursuant to Section 25199.9 of the Health
and Safety Code, which is proposed for a rural area and which would
receive hazardous waste from urban areas should not be approved,
unless the hazardous waste facility is found consistent with the
applicable city or county general plan and the county hazardous
waste management plan, as specified in subdivision (f) of Section
25199.11 of the Health and Safety Code.
SEC. 2. Section 65963.1 is added to the Government Code, to
read:
65963.1. Except as otherwise provided in Article 8.7
(commencing with Section 25199) of Chapter 6.5 of Division 20 of die
Health and Safety Code, this chapter applies to the making of a land
use decision or the issuance of a permit for a hazardous waste facility
project by a public agency, as defined in Section 25199.1 of die Health
and Safety Code, including, but not limited to, all of die following
actions: ' •
(a) The approval of land use permits and conditional use permits,
94 160
Appendix II-A, Page 5
o o
Ch. 1504 —6 —
the granting of variances, the subdivision of property, and the
modification of existing property lines pursuant to this division or
Division 2 (commencing with Section 66410) of Title 7, and, for
purposes of this chapter, "project" includes an activity requiring any
of those actions.
(b) The issuance of hazardous waste facility permits by the State
Department of Health Services pursuant to Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code.
• (c) The issuance of waste discharge requirements by California
regional water quality control boards pursuant to Article 4
(commencing with Section 13260) of Chapter 4 of Division 7 of the
Water Code.
(d) The issuance of authority to construct permits by the district
board of an air pollution control district or an air quality
management district pursuant to Division 26 (commencing with
Section 39000) of the Health and Safety Code
(e) The issuance of solid waste facilities permits by the
enforcement agency pursuant to Article 2 (commencing with
Section 66796JO) of Chapter 3 of Title 7.3.
SEC 3. Section 66780.8 is added to the Government Code, to
read:
66780.8. In lieu of preparing a hazardous waste portion of the
county solid waste plan as provided in this article, a county may, at
its discretion, prepare a county hazardous waste management plan
for the management of all hazardous wastes produced in the county.
If a county decides to prepare a hazardous waste management plan
instead of the hazardous waste portion of a county solid waste plan,
the county shall notify the department of the decision. The county
hazardous waste management plan shall be prepared, adopted, and
approved pursuant to Article 3.5 (commencing with Section 25135)
of Chapter 6.5 of Division 20 of the Health and Safety Code.
A county may delegate the authority to prepare/the county
hazardous waste management plan to a city, an agency established
by a joint powers agreement, or any other special planning agency.
SEC 4. Section 25117.2 is added to the Health and Safety Code,
to read:
25117.2. "Hazardous waste management" means the disposal,
handling, processing, storage, and treatment of hazardous waste.
SEC 5. Section 25117.7 of the Health and Safety Code is amended
and renumbered to read:
25117.1. "Hazardous waste facility" means any structure, other
appurtenances, and improvements on the land, and all contiguous
land, used for the treatment, transfer, storage, resource recovery,
disposal, or recycling of hazardous waste.
SEC 6. Article 3.5 (commencing with Section 25135) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read
94 190
Appendix II-A, Page 6
— 7— . Ch. 1504
Article 3.5. Hazardous Waste Management Plans
25135. (a) The Legislature finds and declares as follows:
(1) An effective planning process involving public and private
sector participation exists at the county level for establishing new, or
expanding existing, solid waste facilities, but an equivalent process
has not been established at the local -level to plan for the
management of hazardous wastes.
(2) Counties are presently required to prepare solid waste
management plans for all waste disposal within each county and for
all waste originating in each county. While the department has
requested that counties include in their solid waste management
plans a hazardous waste management element, there is not presently
a clear mandate that they do so.
(3) Hazardous waste management planning at the local level has
been hampered because the department has not provided the
counties with adequate and comprehensive planning guidelines,
there is a lack of accurate data on hazardous waste generation,
handling, and disposal practices, adequate funding has not been
available, and local expertise in hazardous waste planning has not
been developed.
(4) The failure to plan for the safe and effective mazugexnent of
hazardous wastes has contributed to the public's general uncertainty
in viewing proposals to site hazardous waste facilities at various
locations throughout the state. Because advance planning has not
taken place, local governments are not prepared to consider siting
proposals and the public has not received adequate answers to
questions concerning the need for proposed facilities.
(5) Safe and responsible management of hazardous wastes is one
of the most important environmental problems facing the state at the
present time. It is critical to the protection of the public health and
the environment, and to the economic growth of the state. If
environmentally sound hazardous waste facilities are not available to
effectively manage the hazardous wastes produced by the many
industries of the state, economic activity will be hampered and the
economy cannot prosper.
(b) The Legislature, therefore, declares that it is in the public
interest to establish an effective process for hazardous waste
management planning at the local level This process is consistent
with the responsibility of local governments to assure that adequate
treatment and disposal capacity is available to manage the hazardous
wastes generated within their jurisdictions.
(c) It is the intent of the Legislature that the hazardous waste
management plans prepared pursuant to this article serve as the
primary planning document for hazardous waste management at the
local level; that the plans be integrated with other local land use
planning activities to ensure that suitable locations are available for
needed hazardous waste facilities; that land uses adjacent to, or near,
94 210
ADDendix II-A, Paae 7
o
Ch. 1504 —8 —
hazardous waste facilities, or proposed rites for these facilities, are
compatible with their operation; and that the plans are prepared
with the full and meaningful involvement of the public,
environmental .groups, civic associations, generators of hazardous
wastes, and the hazardous waste management industry.
(d) It is further the intent of the Legislature, in enacting this
article, to define the respective responsibilities of state and local
governments in hazardous waste management planning; to establish
a comprehensive planning process in which state and local
government, the public, and industry jointly develop safe and
effective solutions for the management and disposal of hazardous
wastes; to ensure that local governments are assisted adequately by
the state in carrying out their responsibilities; and to provide funding
for local-level planning.
25135.1. (a) For purposes of this article, and unless the context
indicates otherwise, "county" means a county that notifies the
department that it will prepare a county hazardous waste
management plan in accordance with this article and,.receives a
grant pursuant to Section 25135.8. "County" also means any dry, or
two or more cities within a county acting jointly, which notifies die
department that it will prepare a county hazardous waste
management plan in accordance with subdivision (c).
(b) A county may. at its discretion, and after notification to the
department, prepare a county hazardous waste management plan
for the management of all hazardous waste produced in the county.
A county hazardous waste management plan prepared pursuant 'to
this article shall serve in Beu of die hazardous waste portion of the
county solid waste plan provided for in Article 2 (commencing with
Section 66780) of Chapter 2 of Title 72 of the Government Code. The
county hazardous waste management plan shall be prepared in
cooperation with the affected cities in the county and the advisory
committee appointed pursuant to Section 25135.2, in accordance
with the guidelines adopted by the department pursuant to Section
25135.5, and in accordance with the schedule specified in Section
25135.6.
(c) On or before March 31, 1987, every county shall notify the
department and the cities within the county whether the county has
elected to prepare a county hazardous waste "!Pn*g?"^*"«' plan
pursuant to this article. A city, or two or more cities acting jointly,
located within a county which elects not to prepare a county
hazardous waste management plan or which fails to make an
election, on or before March 31,1987, to prepare a plan, may, at the
city's or cities' discretion, elect to undertake the preparation of the
plan. The city or cities shall be deemed to be acting in place of the
county for purposes of this article and may apply for funding to pay
the cost of preparing the plan pursuant to subdivision (c) of Section
25135.8. However, the city or cities may not receive funding pursuant
to subdivision (c) of Section 25135.8, unless the proposal to prepare
94 240
Appendix II-A, Page 8
jr~X,
— 9 — Ch. 1504
a county hazardous waste management plan by the city or cities is
approved by a majority of the cities within the county which contain
a majority of the population of-the incorporated area of the county
and the proposal is received by the department on or before June 30,
1987.
(d) The county hazardous waste management plan authorized by
subdivision (b) or (c) shall serve as the primary planning document
for hazardous waste management in the county and shall be
prepared as a useful informational source for local government and
the public. The plan shall include, but is not limited to, all of the
following elements:
{!) An analysis of the hazardous waste stream generated in the
county, including an accounting of the volumes of hazardous wastes
produced in the county, by type of waste, and estimates of the
expected rates of hazardous waste production until 1994, by'type of
waste.
(2) A description of the existing hazardous waste facilities which
treat, handle, recycle, and dispose of the hazardous wastes produced
in the county, including a determination of the existing capacity of
each facility.
(3) An analysis of the potential in the county for recycling
hazardous waste and for reducing the volume and hazard of
hazardous waste at the source of generation.
(4) A fiynthteratton of *h«» need to manage H** «mal| volumes of
hazardous waste produced by businesses and households.
(5) A determination of the need for additional hazardous waste
facilities to properly manage the volumes of hazardous wastes
currently produced or that are expected to be produced during the
planning period.
(6) An identification of those hazardous waste facilities that can
be expanded to accommodate projected needs and an identification
of general areas or specific sites for new hazardous waste facilities
determined to be needed. In lieu of mis facility and site
identification, the plan may fr*fftft*nil include siting criteria to be
utilized in selecting sites for new hazardous waste facilities. If siting
criteria are included in the county hazardous waste management
plan, the plan shall also designate general areas where the criteria
might be applicable.
(7) A statement of goals, objectives, and policies for the siting of
Kg^artiftiiy waste facilities and the general management of hazardous
wastes through the year 2000.
(8) A schedule which describes county and city actions necessary
to implement the hazardous waste management plan through the
year 2000, including the assigning of dates for carrying out the
actions.
(e) In addition to the elements of the plan required by subdivision
(d), a county may include a description of any additional local
programs which the county determines to be necessary to provide
94 260
TT —A
Ch. 1504 — 10 —
for the proper management of hazardous wastes produced in the
county. These programs may include, but are not limited to, public
education, enforcement, surveillance, transportation, and
administration.
(0 The inclusion of an element in a county hazardous waste
management plan pursuant to subdivision (d) or (e) does not
authorize the county to adopt a program which the county is not
otherwise authorized to adopt under any other provision of law.
25135.2. (a) Each county shall establish an advisory committee of
at least seven members to assist the county in the preparation and
administration of the county hazardous waste management plan.
The board of supervisors of the county shall appoint the members
who are not city representatives to the advisory committee,
including at least one representative of industry, one representative
of an environmental organization, and one representative of the
public. The advisory committee shall also consist of at least three
members to represent cities appointed by the city selection
committee specified in Article 11 (commencing with Section 50270)
of Chapter 1 of Part 1 of Division 1 of Title 5 of die Government
Code. The board of supervisors shall, to the extent possible, appoint
other members that have expertise concerning aspects of hazardous
waste management planning, including, but not limited to,
engineering, geology, and water quality.
(b) The advisory committee shall do all of the following:
(1) Advise the county staff, the board of supervisors of the county,
and the staff, mayors, and council members of the cities within the
county, on issues related to the development, approval, and
administration of the county hazardous waste management plan.
(2) Hold informal public meetings and workshops to provide the
public with information, and to receive comments, during the
preparation of the county hazardous waste management plan.
(c) If a city or group of cities are preparing the county hazardous
waste management plan pursuant to subdivision (c) of Section
25135.1, the city or cities shall establish the advisory committee; using
the qualifications and representation specified in subdivision (a).
25135.3. The Association of Bay Area Governments, the Southern
California Association of Governments, the Sacramento Area
Council of Governments, and the Association of Monterey Bay Area
Governments may, at die discretion of their governing boards,
prepare a regional hazardous waste management plan to serve as a
resource document and to identify hazardous waste management
issues, needs, and solutions at the regional level A council of
governments specified in this subdivision shall include in die
regional plan additional counties affected by die regional plan, at die
request of die councils of governments for those counties. A council
of governments shall prepare die regional plan pursuant to die
following procedure:
(a) A council of governments specified in this subdivision may
94 290
Appendix II-A, Page 10
— 11— Qv W04
apply to the o^p«rtn»er* fa; taxiing, pursuant to paragraph (3>xrf
subdivision (b) of Sectkw $S135A.;v •' ' . . . .;:/• . ..
'(b) Qp oar before Dex^niber AU1987. a^councH of governments
which receives funding froni the department shall prepare a.draft
regional hazardous waste management plan and submit the draft
plan, to the department. The coui|jd|<0f governments shall involve
the public with the preparation of the draft plan, to the fullest extent
possible, by public hearings,, informational meetings, and other
appropriate forums that offer the public the opportunity to respond
to dearly defined .alternative objectives, policies, and actions.
(c) From January 1, 1968* to .March 31, 1968, the council of
governments shall conduct hearings on the draft regional hazardous
waste management plan, in the number determined appropriate by
the council of governments. The council of governments shall
provide affected local jurisdictions, the public, industry, business
organization*, and the hazardous waste management industry with
a full opportunity to comment orally and in writing on the draft plan.
(d) On or before March 31,1988, the department shall review the
draft plan, and provide the council of governments with comments
on the draft plan. - . ..
(e) After conducting the re view and comment period required by
subdivision (c), the council of governments shall revise, as
appropriate, the draft regional hazardous waste management plan.
(f) On or before September 30,1988, the council of governments
shall complete and adopt the plan.
(g) On or before October 1,1968, the council of government! shall
submit the final regional hazardous waste mana^fm^nt plan adopted
by its governing board to the department for review and approval
The department shall approve the regional plan if the department
determines that all of the following requirements are met
(1) The regional plan is consistent with the-guidelines for the
preparation of regional hazardous waste management plans adopted
by the department
(2) The regional plan applies the methods, .techniques, and
policies established by. the department to analyze the waste stream
and to determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste produced within the region. '
(h) Throughout the process, of preparing a regional hazardous
waste management plan, a, council of governments shall cooperate
and consult with representative* and staff of affected counties and
cities. •-....
(i) Notwithstanding subdivisions (a) to (h), inclusive, of this
section, if, pursuant to Chapter 5 (commencing with Section 6500)
of Division 7 of Tide. 1 of the Government Code, a joint powers
agreement provides for the creation of the Southern California
Hazardous Waste Management Authority, the Southern California
Association of Governments shall, if it has .elected to prepare a
94 310
Appendix II-A, Page 11
Ch. 1504 — 12 —
regional hazardous waste management plan pursuant to this section,
transfer the responsibility for preparing the regional hazardous
waste management plan and all funds received pursuant to
subdivision (b) of Section 25135.8 to-the authority, if the governing
board of the authority requests the transfer by the adoption of a
resolution. If the transfer takes place, die authority shall comply with
this section in the same manner as this section applies to the
association. If the transfer of responsibility and funds authorized by
this subdivision takes place and the authority is dissolved at any time
before the regional hazardous waste management plan is approved
by the department, the association shall prepare the regional
hazardous waste management plan and any remaining funds
received pursuant to subdivision (b) of Section 25135.8 shall be
transferred back to the association.
25135.4. (a) No person shall establish or expand an offirite facility,
unless the legislative body of the city or county in which the new
offitite facility, or the expansion of an existing offsite facility, is
proposed makes a determination that the facility or expansion is
consistent with the county hazardous waste management plan.
(b) This section applies only to proposed new offsite facilities, or
expansions of existing offsite facilities, if an approval action pursuant
to Title 7 (commencing with Section 65000) of the Government
Code is necessary.
(c) This section does not apply to cities or counties which do not
have an approved county hazardous waste management plan.
25135.5. (a) The department shall, pursuant to this section,
provide direction and technical data to counties and regional
councils of governments to assist them in preparing planning
documents for the management of hazardous wastes produced
within their jurisdictions. , - .
(b) The department shall do all of the following: •
(1) On or before June 30,1987, after conducting a workshop with
county and city government officials and industry and
environmental representatives, prepare and transmit to counties
and regional councils of governments guidelines for the preparation
and adoption of county and regional hazardous waste management
plans. Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of die Government Code does not apply to the
preparation and transmittal of these guidelines. The guidelines shall
include, but are not limited to, all of the following:
(A) A listing of types or categories of hazardous wastes that can
be used in characterizing the hazardous waste stream in each county
or region.
(B) Methods for determining the capacity of the hazardous waste
facilities that currently manage the hazardous wastes in the county
or region and for «««>«ring the capacity of these hazardous waste
facilities to manage these hazardous wastes in the future.
(C) Methods for assessing the need to establish new, or expand
94 340
Appendix II-A, Page 12
— 13— . Ch. i504
existing, capacity for the management of hazardous wastes produced
in each county or region. . .
(D) Methods for estimating the amounts of hazardous waste
produced by small businesses and households.
(2) On or before June 30, 1987, provide to each county and
regional council of governments, all of the following information:
(A) Available data on the types and quantities of hazardous wastes
produced in the county or region. The department shall inform the
• counties and regional councils of governments of the strengths and
limitations of the data.
(B) A listing of the hazardous waste facilities that have received
hazardous waste faculties permits or grants of interim status in each
county or region. The listing shall specify whether the facilities are
onsite or offsite faculties and whether the facilities are used for the
storage, treatment, transfer, recycling, or disposal of hazardous
waste.
(C) A listing of producer* of hazardous wastes known to the
department in the county or region.
(D) An assessment of overall needed capacities for treating and
disposing of hazardous wastes at the state and regional levels through
the year 1994.
(E) A description of state policies and programs concerning the
management of hazardous waste, including, but not limited to, the
policies and programs for recycling various types of hazardous
wastes, requiring the treatment of particular types of hazardous
wastes, restricting the disposal to land of particular types or
categories of hazardous wastes, encouraging the reduction of the
amounts of hazardous waste produced at the source of production,
and any other policies and programs that affect' the need for
additional management capacity in various types of hazardous waste
facilities.
(F) An assessment of the potential for recycling, or reducing the
volume of, various types of hazardous wastes in various classes of
industry.
25135.6. (a) A county shall prepare, review, and adopt the
county hazardous waste management plan pursuant to the schedule
specified in this section.
(b) On or. before December 31, 1987, each county, with the
cooperation of affected local jurisdictions and the advisory
committee established pursuant to Section 25135.2, shall prepare a
draft county hazardous waste management plan and submit the draft
plan to the department The county shall involve the public with the
preparation of the draft county hazardous waste management plan,
to the fullest extent possible, by public hearings, informational
meetings, and othef appropriate forums that offer the public the
opportunity to respond to dearly defined alternative objectives,
policies, and actions.
(c) From January 1,1988, to March 31,1988, inclusive, the county
94 360
Appendix II-A, Page 13
o
Ch. 1504 — 14 —
shall conduct hearings on the draft county hazardous waste
management plan, in the number determined appropriate by the
county. The county shall provide affected local jurisdictions, the
public, industry, business organizations, and the hazardous waste
management industry with the full opportunity to comment orally
and in writing on the draft county hazardous waste management
plan.
(d) On or before March 31,1988, the department shall rev-jew the
draft plan, and provide each county with comments which specify
the changes or additions which are required to be made to the draft
plan to result in a final plan which can be approved by the
department pursuant to Section 25135.7.
(e) After conducting the review and comment period required by
subdivision (c), each county shall revise, as appropriate, the draft
county hazardous waste management plan.
(0 The revised county hazardous waste management plan shall
be approved by a majority cf the cities within the county which
contain a majority of the population of the incorporated area of the
county. On or before September 30,1988, the county shall adopt the
revised county hazardous waste management plan as the final county
hazardous waste management plan..
25135.7. (a) A county shall submit the final county hazardous
waste management plan adopted by die county to the department
for review and approval on or before-October 1,1988. If a county
shows the department that the county has made substantial progress
towards completing the county hazardous waste management plan
and needs more time to complete the plan, the department may
extend this date to February 1,1989. The department shall, on or
before December 31, 1968, or on or before April 30, 1989, if the
county is given a time extension, review and either approve or
disapprove the county hazardous waste management plan. The
department shall approve the county hazardous waste management
plan if the department makes all of the following determinations:
(1) The plan substantially complies with the guidelines for the
preparation of hazardous waste management plans adopted by the
department
(2) The plan applies the methods, techniques, and policies
established by the department to analyze the waste stream and to
determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste generated within the county.
(3) If the plan contains a determination pursuant to paragraph (5)
of subdivision (c) of Section 25135.1 that there is a need for additional
or expanded hazardous waste facilities^ the plan proposes general
areas, or, as determined appropriate by the county, proposes specific
sites which may be suitable locations for a facility. However, if the
plan instead contains siting criteria for selecting sites for new
hazardous waste facilities, the plan shall propose general areas where
94 390
Appendix II-A, Page 14
— 15— Ch. 1504
the criteria might be applicable.
(4) If the county preparing the plan has entered into a formal
agreement with other counties to manage hazardous waste, the
agreement is documented.
(b) Within 90 days after the department approves a county
hazardous waste management plan, the county shall either
incorporate the plan, by reference, into the county's general plan or
enact an ordinance which requires that all applicable zoning,
subdivision, conditional use permit, and variance decisions are
. consistent with the county hazardous waste management plan.
(c) Any amendment to an adopted county hazardous waste
management plan requires the approval of the department, the
county, and a majority of the cities within the county which contain
a majority of the population of the incorporated area of the county.
25135.8. (a) There is hereby established, within the Hazardous
Waste Control Account, the Hazardous Waste Management
Planning Subaccount. Money deposited in the subaccount shall be
used to compensate the department, and to provide grants to
councils of governments and counties, for their costs in
administering this article.
(b) The moneys in the Hazardous Waste Management Planning
Subaccount may be expended by the department, upon
appropriation by the Legislature, to administer this article and to
provide grants to councils of governments and to counties for
expenses incurred in preparing regional and county hazardous waste
management plans. On July 1,1967, the department shall disburse
four million dollars ($4,000,000), upon appropriation by the
Legislature, from the subaccount to counties and councils of
governments, and on or before January 1, 1988, and July 1, 1988,
respectively, the department -shall disburse three million dollars
($3,000,000), upon appropriation by the Legislature, from the
subaccount to counties and councils of governments.
The disbursement on or before each of these dates shall be in
accordance with the following formula:
(1) Each county shall receive an allocation based on the amount
of hazardous waste produced in the county. For purposes of
determining the amount of the allocations, the department shall
prepare an updated assessment of hazardous waste generation in
each county which does' not include hazardous waste resulting from
site cleanup activities. Based on this assessment, the department shall
allocate as follows:
(A) Six thousand dollars ($6,000) to each county which generates
less than 100 tons per year of hazardous waste.
(B) Nine thousand dollars ($9,000) to each county which
generates 100 or more tons, but less than 10,000 tons, per year of
hazardous waste..
(C) Thirty thousand dollars ($30,000) to each county which
generates 10,000 or more tons, but less than 30,000 tons, per year of
94 410
Appendix II-A, Page 15
V
Ch 1904 —16 —
hazardous waste.
(D) Forty-five thousand dollars (145,000) to each county which
generates 30,000 or more tons, but less than 100,000 tons, per year of
hazardous waste. ' .
(E) Seventy-five thousand dollars (175,000) to each county which
generates 100,000 or more tons, but less than 190,000 tons, per year
of hazardous waste.
(F) Ninety thousand dollars (190,000) to each county which
generates 190,000 or more tons, but less than 390,000 tons, per year
of hazardous waste.
(G) One hundred twenty thousand dollars ($120,000) to each
county which generates 390,000 or more tons, but less than 900,000
tons, per year of hazardous waste.
(H) One hundred fifty thousand dollars (1150,000) to each county
which generates 900,000 or more tons per year of hazardous waste.
(2) One hundred seventy-five thousand dollars ($179,000) may be
reserved by die department <rom the disbursements made on July
1, 1967, and on or before July 1, 1968, to pay foe. its costs in
administering this article and to make additional allocations to
counties frhafr demonstrate the need for
complete county hazardous waste management plans in excess of the
funding provided by paragraphs '(1) *nd (3).
(3) The amount **ma|»"'"g1 after the allocation under paragraph
(1) has been made and the amount required by paragraph (2) has
been reserved, shall be distributed to the counties and to the councils
of government! whose governing boards have decided to prepare a
tO
(D) OK SOCuOO 25135«3 ftDu uCVO OOQfiOu Cu6 u6DttTCDtt>8QC OB
decision. The department shall do both of the following;
(A) Distribute funds to the counties on a prorated basis based on
the amount of hazardous waste produced in each county- in
proportion to the aimxmt of hazardous waste produced in the state,
as •iieHed by the department pursuant to paragraph (1).
(B) Distribute to each council of governments one-half of the
total amount allocated to the county which is located in the region
represented by the council of governments and which received the
largest allocation pursuant to paragraph (1> and subparagraph (A) .
of this paragraph, as compared to the other counties located in that
region.
(c) A city or two or more cities within a county which are eligible
to receive funding pursuant to subdivision (c) of Section 29139.1 shall
be allocated from the subaccount the amount specified in paragraph
(1) of subdivision (a) mat would be allocated to the county in which
the dry or cities are located if the county had elected to prepare the
plan. •
(d) This section shall remain in effect only until January 1, 1989,
and as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 1989, deletes or extends mat date.
94 440
Appendix II-A, Page 16
«*»•»'
— 17— Ch. 1504
SEC. 7. Section 2S173.5 is added to the Health and Safety Code,
to read: .
25173.5. (a) Except as provided in subdivision (by, the legislative
body of a city or county may impose and enforce a tax, for general
purposes, or may impose a user fee on the operation of an offirite,
multiuser hazardous waste facility located within the jurisdiction' of
the city or county. The tax or the user fee imposed shall not exceed
10 percent of the facility's annual gross receipts for the treatment,
storage, or disposal of hazardous waste at the facility.
(b) A city or county shall not impose a tax or a user fee adopted
pursuant to subdivision (a) upon any of the following:
(1) An existing hazardous waste facility for which a tax is
authorized pursuant to Section 25149.5.
(2) An off-rite, multiuser hazardous waste facility that began
operations before January 1,1987, and was issued a hazardous waste
facilities permit pursuant to Section 25200. or was granted interim
status pursuant to Section 25200.5, before January 1,1967.
(3) That portion of the gross receipts of the •hazardous waste
facility that derives from the recycling of hazardous wastes.
SEC. 8. Article &7 (commencing with Section 25199) is added to
Chapter 63 of Division 20 of the Health and Safety Code, to read:
Article 8.7. Procedures for the Approval of New Facilities
25199. (a) The Legislature finds and declares as follows:
(1) Existing laws require numerous permits before a hazardous
waste facility can be constructed and operated The permits are
issued by governmental agencies, at both die state and local levels
under land use planning, zoning, hazardous waste, air quality, water
quality, and solid waste management laws.
(2) The approval of hazardous waste facilities is not currently a
coordinated process. The failure to coordinate the issuance of
multiple permits, licenses, land use approvals, and other types of
authorizations causes lengthy and costly delays. The end result of die
process cannot be predicted, with any degree of certainty, by either
the proponent of a. project to rite and construct a facility or by die
concerned public.
(3) Present procedures for approving hazardous waste facilities
do not provide meaningful opportunities for public involvement and
are not suitably structured to allow die public to make its concerns
.known and to cause these concerns to be taken into consideration.
(4) A formal .administrative process for reviewing local
discretionary land use decisions on applications to site and construct
a .hazardous waste facility has not been established and made
available to interested persons who wish to appeal these decisions.
(b) The Legislature, therefore, declares diat there is a critical
need to clarify die requirements that must be met, and die basic
procedures that must be followed, in connection with die approval
94 460
Appendix II-A, Page 17
o
Ch. 1504 —18 —
of hazardous waste facilities.
(c) It is the intent of the Legislature, in enacting this article, to
establish the means to expedite the approval of needed hazardous
waste facilities; to ensure that new hazardous waste facilities are not
sited unless the facility operator provides financial assurance that the
operator can respond adequately to damage claims arising out of the
operation of the facility; to ensure that the facilities comply with
applicable laws and regulations; to clarify the procedures to be
followed in approving a facility; to establish specific means to give
the concerned public a voice in decisions relating to the siting and
issuance of permits for hazardous waste facilities; and to establish a
process for appealing local decisions on applications for land use
approval for hazardous waste facilities.
25199.1. Unless the context otherwise requires, the following
definitions govern the construction of this article:
(a) "Appeal board" means an appeal board established pursuant
to Section 25199.10.
(b) "Hazardous waste facility project" means, a project
undertaken for the purpose of siting and constructing a new
hazardous waste facility or for the purpose of significantly expanding
or modifying an existing hazardous waste facility that is being used
or operated under a permit issued pursuant to Section 25200 or a
grant of interim status pursuant to Section 25200.5. Unless expressly
provided otherwise, "hazardous waste facility project" includes a
specified hazardous waste facility project
(c) "Interested person" means a person who participated in one
or more public meetings or hearings held to consider an application
for a land use decision for a specified hazardous waste facility project.
"Participation" includes, but is not limited to, the giving of oral or
written testimony at a meeting or hearing, submission of questions
at a meeting or hearing, or attendance at the meeting or hearing.
(d) "Land disposal facility" means a hazardous waste facility
where hazardous waste is disposed in, on, under, or to the land.
(e) "Land use decision" means a discretionary-decision of a local
agency concerning a hazardous waste facility project, including the
issuance of a land use permit or a conditional use permit, the
granting of a variance, the subdivision of property, and the
modification of existing property lines pursuant to Tide 7
(commencing with Section 65000) of the Government Code.
(f) "Lead agency" means the public agency that has the principal
responsibility for approving a hazardous waste facility project.
(g) "Local agency" means any public agency, other than a state
agency.
(h) "Permit" means a permit, license, certificate, requirement, or
other entitlement for use required to site or construct a hazardous
waste facility. "Permit" includes, but is not limited to, all of the
following:
(1) A hazardous waste facility permit issued by the department
94 490
Appendix II-A, Page 18
— 19— Ch. 1504
pursuant to this chapter. . '
(2) Waste discharge requirements issued by a California regional
water quality control board pursuant to Article 4 (commencing with
Section 13260) of Chapter 4 of Division 7 of the Water Code.
(3) An authority to construct permit issued by an air pollution
control district or air quality management district pursuant to
Division 26 (commencing with Section 39000).
(4) A solid waste facilities permit issued by the enforcement
agency pursuant to Article 2 (commencing with Section 66796 JO) of
Chapter 3 of Title 7.3 of the Government Code.
(i) "Proponent" means any person applying to a public agency for
a permit or a land use decision concerning a specified hazardous
waste facility project
XJ) "Public agency" means any state agency or any local agency.
(k) "Responsible agency" means any public agency, other than
the lead agency, which has the authority to issue a permit or make
a land use decision.
(/) "Significantly expand or modify" means to expand or modify
an existing hazardous waste facility, including a specified hazardous
waste facility, in 'a manner so that a land use decision and an
environmental impact report are required.
(m) "Specified hazardous waste facility" means an offtite facility
which serves more than one producer of hazardous waste.
(n) "Specified hazardous waste facility project" means a project
undertaken for die purpose of siting and constructing a new
specified hazardous waste facility or for die purpose of significantly
expanding or modifying an existing specified hazardous waste facility
that is being used or operated under a permit issued pursuant to
Sectjon 25200 or a grant of interim status pursuant to Section 25200.5.
(o) "State agency" means any agency, board, or commission of
state government "State agency" also includes an air pollution
control district and an air quality management district
(p) "Technical review" means the review of an application for a
hazardous waste facility project by a state agency to determine if the
facility meets the applicable statutes and regulations.
25199.2. Except as otherwise provided in this article, Chapter 4.5
(commencing with Section 65920) of Division 1 of Title 7 of the
Government Code applies to all public agencies which make a land
use decision or issue a permit for a hazardous waste facility project,
as specified in Section 65963.1 of the Government Code. The public
agency shall perform the duties and carry out the actions required
by Chapter 4.5 (commencing with Section 65920) of Division 1 of
Tide 7 of die Government Code in connection with applications
submitted to dte public agency for a hazardous waste facility project,
unless otherwise specified in diis article.
25199.3. (a) Notwithstanding any odjer provision of law, an
applicant for a hazardous waste facility project may submit
applications for a land use decision and for one or more permits to
94 520
Appendix II-A, Page 19
Ch. 1504 — 20 —
the appropriate public agencies simultaneously. Unless a state
• agency is prohibited by statute from approving* permit before the
granting of a local land use decision, the state agency shall not refuse
to issue a permit for a hazardous waste facility project on the grounds
that the applicant has not been granted a land use permit, except
that the state agency may provide that the permit shall not become
effective until the applicant is granted a local land use permit.
(b) Any public agency may request another public agency to
jointly review applications for a permit or land use decision for a
hazardous waste facility project. A public agency may consolidate,
with other public agencies, public meetings and hearings permitted
or required by law or regulation for the issuance of a permit or the
making of a land use decision for a hazardous waste facility project
(c) The department shall coordinate the technical review of
applications for permits for hazardous waste facility projects that are
received by state-agencies.
(d) Upon the request of a local agency, the department,'and any
other state agency that is authorized to issue a permit for* hazardous
waste facility project, shall provide technical assistance to a local
agency that is reviewing an application for a land use decision for the
project
25199.4. The Office of Permit Assistance in die Office of Planning
and Research shall, for any proposed hazardous waste facility project,
do all of the following:
(a) Assist in identifying state and local permits required for the
proposed hazardous waste facility project
(b) Convene meetings or conferences, as necessary, prior to the
submittal of applications for permits to state and local agencies, for
the purpose of determining the scope of the hazardous waste facility
project, identifying the questions that state and local agencies will
have concerning the project, and determining decisionmaking
schedules.
(c) Assist state and local agencies in consolidating public meetings
and hearings permitted or required by law or regulation for approval
of the permits for the project
(d) Encourage the joint review and processing of applications for
permits.
(e) Work with the applicant and public agencies to ensure that
decisionmaking deadlines are met
(f) Call meetings or conferences to resolve questions or mediate
disputes arising from applications for a permit for a hazardous waste
facility project . • •
25199.5. (a) At the request of an applicant, the legislative body
of a local agency shall, within 60 calendar days after the local agency
has determined that an application for a land use decision for a
hazardous waste facility project is complete, issue an initial written
determination on whether the hazardous waste facility project is
consistent with both of the following:
94 540
Appendix II-A, Page 20
— 21 — Ch. 1504
(1) The applicable local general plan and zoning ordinances in
effect at the time the application was received.
(2) The county hazardous waste management plan authorized by
Article 3.3 (commencing with Section 25135}, if the plan is in effect
• at the time of the application.
(b) The local agency shall send a copy of-the written
determination made pursuant to subdivision (a) to the applicant
(c) The determination required by subdivision (a) does' not
prohibit a local agency from making a different determination when
the final land use decision is made, if the final determination is based
on information which was not considered at the time the initial
determination was made.
25199.6. (a) Notwithstanding Section 65952 of the Government
Code, a responsible agency for a hazardous waste facility project that
is a land disposal facility shall approve or disapprove all permits for
the project within one of the following periods of time, whichever
is longer
(1) Within one year from the date on which the lead agency
approved or disapproved the permit for the project
(2) Within one year from the date on which completed
applications for permits for the project were received, and accepted
as complete, by the responsible agency.
(b) Subdivision (b) of Section 65956 of the Government Code
does not apply to the failure of a lead agency or responsible agency
to approve or disapprove a permit for a hazardous waste facility
project within the time limits established by Sections 65950 and 65952
of the Government Code and subdivision (a) of this section. If a lead
agency or a responsible agency fails to act within those time limits,
the applicant may file .an action pursuant to Section 1065 of the Code
of Civil Procedure to compel the agency to approve or disapprove
the permit for the project within a reasonable time, as the court may
determine.
25199.7. (a) At least 90 days before filing an application for a land
use decision for a specified hazardous waste facility project with a
local agency, the proponent shall file a notice of intent to make the
application with the Office of Permit Assistance in the Office of
Planning and Research and with the applicable city or county. The
notice of intent shall contain a complete description of the nature,
.function, and scope of the project The Office of Permit Assistance
shall immediately notify affected state agencies of the. notice of
intent The local agency shall publish a notice in a newspaper of
general circulation in the area affected by the proposed project shall
post notices in the location where the proposed project is located,
and shall notify, by a direct mailing, the owners of contiguous
property, as shown in the latest equalized assessment role. The local
•agency shall impose a fee upon a project applicant equal to the cost
of notification required by this section.
(b) A proponent may not file an application for a land use decision
94 570
Appendix II-A, Page 21
.Ch. 1504 —22 —
for a specified hazardous waste facility project with a.local agency
unless the proponent has first complied with subdivision (a).o . .'
(c) Within 90 days after a notice of intent is filed with the Office
of Permit Assistance pursuant to subdivision (a), the office shall
convene a public meeting in (he affected city or .county to inform the
public on the nature, function, and scope of the proposed specified
hazardous waste facility project and the procedure! that are required
for approving applications for the project .
(d) Within 90 days after receiving a notice of the filing of a notice
of intent, the legislative body of the affected local agency shall
appoint a seven member local assessment committee.
(1) The membership" of the committee shall be broadly
constituted to reflect the1 makeup of the community, and shall
include three representatives of the community at large, two
representatives of environmental or public interest groups, and two
representatives of affected businesses and industries. Members of
local assessment committees selected pursuant to this subdivision
.shall have no direct financial interest, as defined in Section 87103 of
the Government Code, in the proposed specified hazardous waste
facility project
. (2) The local assessment committee shall do all of the foDotting:
(A) Negotiate with the proponent for the proposed hazardous
waste facility project on the detailed terms of, provisions of, and
conditions for, project approval which would protect the public
health, safety, and welfare, and the environment of the dty or county
and would promote the fiscal welfare of the dty or county through
special benefits and compensation. * '
(B) Represent generally, in. negotiation with the project
proponent, the interests of die residents of the dty or county and the
interests of adjacent, communities.
(C) Receive and expend the technical assistance grants made
available pursuant to subdivision (g).
(D) Adopt rules and procedures which are necessary to pei/uim
its duties. .
(E) Advise the legislative body of the dty or county of the terms,
provisions, and conditions for project approval which have been
agreed upon by the committee and the proponent, and of any
additional information which the committee deems appropriate.
The legislative body of the dty or county may use this advice for its
independent consideration of the project <...
(3) The legislative body of the affected jurisdiction shall provide
staff resources to assist the local assessment committee in performing
its duties.
(4) A local assessment committee established pursuant to this
subdivision shall cease to exist after final administrative action by •
state and local agencies has been taken on the permit applications for
the project for which the committee was convened.
(e) A local agency shall notify the Office of Permit Assistance
94 600
Appendix II-A, Page 22
— 23— Ch. 1504
within 10 days after an application for a land use decision for a
1 hazardous waste facility project is accepted as complete by
local agency and, within 60 days after receiving this notice, the
Office of Permit Assistance shall convene a meeting of the lead and
responsible agencies for the project, the proponent, the local
assessment committee, and the interested public, for the purpose of
determining the issues which concern the agencies that are required
to approve the project and the issues which concern the public. The
meeting shall take place in the jurisdiction where the application has
been filed.
(0 Following the meeting required by subdivision (e), the
proponent and the local assessment committee appointed pursuant
to subdivision (d) shall meet and confer on the specified hazardous
waste facility project proposal for the purpose of establishing the
terms and conditions under which the project will be acceptable to
the community.
(g) A proponent for a specified hazardous waste facility project
shall pay a fee, established by the Office of Permit Assistance, equal
to 'die cost of hiring independent consultants to review the project
The Office of Permit Assistance shall deposit these fees in the Local
Agency Technical Assistance Account, which account is hereby
created within die General Fund The moneys in that account may
be expended by the Office of Permit Assistance, upon appropriation
by thp Legislature, to *"•!"* t****hrrfral assistance grants to tf«** local
COIQQuCtCC CO COAOvO Tnff CODttnttEttftO tO
independent consultant to assist the committee in reviewing die
project and negotiating terms and conditions with die proponent
(h) If die local assessment committee and die proponent cannot
resolve any differences through die meetings, die Office of Permit
Assistance may recommend die use of a mediator. The proponent
shall pay one-half of die costs of this mediation and die
costs shall be paid, upon appropriation by die Legislature, from die
General Fund .
(i) This section applies only to a specified hazardous waste facility
project
25199.8. (a) If an action or proceeding has been commenced in
any court to attack, review, set aside, void, or annul die acts or
decisions of a lead agency for a specified hazardous waste facility
project on die grounds of noncompliance with Division 13
(commencing widi Section 21000) of the Public Resources Code, die
proponent may. notwithstanding die action or proceeding, request
die responsible agencies for die specified hazardous waste facility
project to continue to process applications for approval of permits for
die project received and accepted as complete by each responsible
agency. If a responsible agency receives such a request, die time
limits specified in Section 65952 of die Government Code shall apply,
except that, in die case of an application for a permit for a land
disposal facility, die time limits specified in subdivision (a) of Section
94 620
Appendix II-A, Page 23
o
Ch. 1504 —24 —
25199.6 shall apply.
(b) Except as, provided in subdivision (d), if any action or
proceeding is commenced to review die acts or decisions of a lead
or responsible agency for a specified hazardous waste facility project,
the proponent may petition the court to stay the action or
proceeding. The court, in its discretion, may stay die action or
proceeding until all public agencies for the project have completed
reviewing and approving or disapproving the applications for
permits for the project. The proponent may, at any time prior to
completion of these actions by the lead or responsible agencies, file
a petition with the court requesting that the action or proceeding be
permitted to proceed and, upon receiving such a petition, the court
shall discontinue the stay.
(c) Notwithstanding subdivision (b), a court may enjoin a lead or
responsible agency from approving a permit or license if the court
finds that the approval would result in an imminent or substantial
endangerment of the public health or the environmenfor if there
are other compelling reasons that the action or proceeding should
not be stayed. •
(d) Subdivision (b) does not apply to an action or proceeding
which alleges that a lead or responsible agency has not complied with
Division 13 (commencing with Section 21000) of the Public
Resources Code.
25.199.9. (a) A proponent may file an appeal of a land use
decision made by a local agency for a specified hazardous waste
facility project with die Governor or the Governor's designee
pursuant to subdivision (b), (c), or (d) and any interested person
may fife an appeal of a land use decision made by a local agency for
a specified hazardous waste facility project pursuant to subdivision
(e). The proponent or an interested person shall file the appeal
within 30 calendar days after the date the local agency takes final
action on die land use decision. If die proposed project would accept
or manage both hazardous waste and solid waste, die appeal shall
relate only to *h* local ?*"H mg decision concerning th** hazardous
waste portion of die proposed facility. Any decisions of an
board involving die proposed facility shall affect only die hazai
waste portion of die local land use decision.
(b) If an application for a land use decision for a specified
hazardous waste facility project is disapproved by a local agency, die
proponent for die specified hazardous waste faculty project may file
an appeal of die disapproval widi die Governor or the Governor's
designs. The Governor or die Governor's designee may audiorize
an appeal of a disapproval pursuant to diis'subdivision only if die
proponent has applied for, and obtained, all permits for the specified
hazardous waste facility project which can be obtained before
construction from those responsible agencies which are state
agencies.
(c) Notwithstanding subdivision (b), if ad application for a land
94 630
Appendix II-A, Page 24
"*
— 25 — Ch. 1504
use decision for a specified hazardous waste facility project is
disapproved by a local agency before an environmental impact
report for the project is prepared and certified, as specified in
Section 21151 of the Public Resources Code, or before a negative
declaration for the project is adopted pursuant to subdivision (c) of
Section 21060 of the Public Resources Code, the proponent may file
an appeal of the disapproval with the Governor or the Governor's
designee.
Within 30 days after an appeal is filed pursuant to this subdivision,
the Governor or the Governor's designee may convene an appeal
board, pursuant to Section 25199.10. The appeal board shall
thereafter be the lead agency for the specified hazardous waste
facility project and shall perform the duties specified in, and carry
out the actions required by, Division 13 (commencing with Section
21000) of the Public Resources Code. The proponent may apply for
those permits for the specified hazardous waste facility project which
can be obtained before constriction from those responsible agencies
which are state agencies^ at any time before or after the appeal
board's compliance with actions required by Division 13
{commencing with Section 21000) of the Public Resources Code. The
time limits specified in Section 65952 of die Government Code and
subdivision (a) of Section 25199.6 apply to these responsible agencies
except that, for the purposes of these time limits, the date when die
appeal board has complied wirn all actions required by Division 13
(commencing widi Section 21000) of die Public Resources Code shall
be deemed equivalent to die date when a lead agency decides to
approve or disapprove a project After die proponent has applied for
and obtained tiiese permits, die proponent for die specified
hazardous waste facility project may request die Governor or die
Governor's designee to audiorize die appeal The Governor or die
Governor's designee may audiorize an appeal of a disapproval
pursuant to diis subdivision only if die proponent has applied for, and
obtained, all permits for die specified hazardous waste facility
project which can be obtained before construction from those
responsible agencies which'are state agencies.
(d) If an application for a land use decision for a specified
hazardous waste facility project is approved by a local agency, die
proponent for die specified hazardous waste facility project may file
an appeal of one or more conditions imposed by die land use decision
with die Governor or die Governor's designee. An appeal filed under
this subdivision shall specify die particular condition or conditions
imposed by die land use decision that are appealed and shall be based
solely on die grounds tiiat die condition or conditions imposed on die
operation of die facility by die land use decision are so onerous and
restrictive tiiat dieir imposition is die same as a disapproval of die
application for a land use decision, However, die Governor or die
Governor's designee shall not audiorize an appeal pursuant to this
subdivision unless die proponent has applied for, and obtained, all
94 670
Appendix II-A, Page 25
c
Ch. 1904 —26— -
permits for the specified hazardous waste facility project which can
be obtained prior to its construction from those responsible agencies
which are state agencies.
(e) If an application for a land use decision for a specified
hazardous waste facility project is approved by a local agency, any-
interested person may file an appeal of the approval with the
Governor or the Governor's designee. An appeal may be filed
pursuant to this subdivision only if die appeal is based solely on the
grounds that the conditions imposed on the project by the land use
decision do not adequately protect the public health, safety, or
welfare. The Governor or the Governor's designee shall not
authorize an appeal pursuant to this subdivision before the
proponent for the specified hazardous waste facility project has
applied for, and obtained, all permits for the project which can be
obtained prior to its construction from those responsible agencies
which are state agencies. An interested person filing an appeal
pursuant to this subdivision shall state in the appeal why the
conditions imposed by the land use decision do not adequately
protect the public health, safety, or welfare and shall specify the
additional condition or conditions which are necessary to provide
that protection.
25199.10. (a) If an appeal is filed pursuant to subdivision (b), (c),
(d), or (e) of Section 25199.9, the Governor or the Governor's
designee shall determine whether or not the appeal is authorized
within five working days after the proponent demonstrates that the
proponent has obtained all permits for the specified hazardous waste
facility project which can be obtained before construction from those
responsible agencies which are state agencies. If, because the
application for the appeal is incomplete, the Governor or the
Governor's designee is unable to determine, within five working
days, whether or not the appeal should be authorized pursuant to
Section 25199.9, the Governor or the Governor's designee may
return the application for appeal to the proponent or interested
party who filed the appeal The proponent or interested party shall
resubmit the completed application for an appeal within 20 calendar
days after receiving the returned appeal and if the proponent or
interested party fails to do so, the Governor .or the Governor's
designee shall not reconsider authorizing the appeal.
(b) If the Governor or the Governor's designee determines that
the appeal is authorized, the Governor or the Governor's designee
shall convene an appeal board within 30 days after the Governor or
the Governor's designee determines that the filing of an appeal is
authorized, by requesting the League of California Cities and the
County Supervisors Association of California to each nominate
persons for appointment to an appeal board, as specified in
paragraphs. (6) and (7) of subdivision (c).
(c) An appeal board shall consist of seven members, five of whom
shall be the members listed in paragraphs (1) to (5), inclusive, and
94 700
Appendix II-A, Page 26
— 27 — Ch. 1$04
• two of whom shall be separately appointed for each particular
appeal, as provided in paragraphs (6) and (7). An appeal board shall
consist of the following members:
(1) The State Director of Health Services.
(2) The Chairperson of the State Air Resources Board.
(3) The Chairperson of the State Water Resources Control Board.
(4) .A member of a county board of supervisors appointed by the
Senate Committee on Rules who shall be selected from the persons
nominated by the County. Supervisors Association of California. The
appointment shall be for a period of four years, but shall terminate
earlier if the appointee does not continue in office as a member of
a board of supervisors.
(5) A member of a city council appointed by the Speaker .of the
Assembly who shall be selected from the persons nominated by the
League of California Cities. The appointment shall be for a period of
four years, but shall terminate earlier if the appointee does not
continue in office as a member of a city council./
(6) A member of a county board of supervisors appointed by the
Speaker of the Assembly who shall be selected from the persons
nominated by the County Supervisors Association of California. The*
member shall be from the county in which the specified hazardous
waste facility project which is the subject of the appeal is located.
However, if the member appointed pursuant to paragraph (4) is
from the county in which the specified hazardous waste facility
project is located, the member appointed pursuant to this paragraph
shall not be from that same county. ' •
(7) A member of a city council appointed by the Senate
Committee on Rules who shall be selected from the persons
nominated by the League of California Cities. The member shall be
from the city in which the specified hazardous waste facility project
which is the subject of the appeal is located, or from the dry which
the Governor or the Governor's designee determines to be die most
directly affected by the project if the project is not located in a city.
However, if the member appointed under paragraph (5) is from a
city in the county in which the specified hazardous waste facility
project is located, the member appointed under this paragraph shall
be from a city in a different county.
(d) The appeal board shall issue the final decision upon an appeal
in writing and the members of the appeal board shall sign the
decision.
(e) The State Director of Health Services, the Chairperson of the
State Air Resources Board, and the Chairperson of the State Water
Resources Control Board may designate an alternate to attend any
meetings or hearings of an appeal board in that person's place,
except that the alternate may not vote on a final decision on an
appeal or sign the written decision in place of the person for whom
the person serves as alternate.
(f) The Governor or die Governor's designee shall designate staff
94 720
TT-A, Paae 27
o
Ch. 1504 — 28 —
to serve the appeal board.
25199.11. (a) An appeal board established to hear an appeal
authorized by the Governor or the Governor's designee pursuant to
subdivision (b) or (c) of Section 25199.9 shall follow the procedures
and requirements specified in this section.
(b) Within 30 days after the Governor or the Governor's designee
determines that the filing of an appeal is authorized pursuant to
subdivision (b) or (c) of Section 25199.9, the appeal board shall be
convened and a public hearing held in the city or county where the
specified .hazardous waste facility project is located. At the hearing,
the proponent, and the local agency whose land use decision is being
appealed, shall present arguments and evidence to the appeal board
concerning whether or not the appeal should be accepted.
(c)' Within 15 days after the date of the public hearing specified
in subdivision (b)', the appeal board shall decide whether or not to
accept the appeal The appeal board may accept an appeal only by
an affirmative vote of four members of the appeal board. The appeal
board shall make its -decision based upon the arguments and
evidence presented at the hearing. The appeal board's decision shall
be in writing, shall be signed by the members who voted in favor, of
the decision, and shall state the reasons for accepting or rejecting die
appeal The appeal board may accept the appeal tf the arguments
and evidence presented at the hearing tend to show that, when die
local agency's reasons for disapproving die application for a land use
decision are' weighed against statewide, regional, or county
hazardous waste management policies, goals, and objectives, there
are compelling reasons to review die disapproval of die application.
(d) If die appeal board accepts die appeal, within 30 days after
diis acceptance, die appeal board shall conduct an informal
workshop on die subject of die appeal in die city or county where
die specified hazardous waste facility project is proposed to be
located. Widiin 45 days following acceptance of die appeal, die
appeal board shall also hold a public hearing in die community to
hear die arguments and evidence for die purpose of making a
tentative decision on die appeal In issuing a decision pursuant to die
hearing, die appeal board shall adopt a rebuttable presumption that
the land use decision of die local agency disapproving die application
is supported by substantial reasons and that, when these reasons are
weighed against statewide, regional, or county hazardous waste
management policies, goals, and objectives, die reasons for reversing
die local agency's action are not compelling. In all matters related to
die appeal, including, but not limited to, marten related to die
findings required by subdivision (f). die burden of proof shall be
widi die proponent to rebut this presumption and to establish that
there are compelling reasons to reverse die local agency's land use
decision.
(e) Widiin 45 days after die public hearing, die appeal board shall,
by an affirmative vote of at least four members, issue a written
94 790
Appendix II-A, Page 28
— 29— Ch. 1304
decision on the appeal. If the appeal board agrees with the land use
'decision of the local agency, the appeal board shall state its reasons
for this position. If the appeal board agrees with the proponent's
appeal, the appeal board shall issue a tentative decision stating that
the local agency's land use decision should be reversed.
(f) The appeal board shall not reverse the local agency's land use
decision unless the appeal board makes all of the following findings:
(1) That the significant environmental impacts of the specified
hazardous waste facility project will be adequately mitigated.
(2) That the specified hazardous waste facility project was
consistent with the applicable city or county general plan when the
local agency accepted, as complete, the proponent's application for
a land use decision. For the purpose of this finding, a project is
consistent with the applicable city or county general plan* if the
appeal board makes one of the following determinations:
(A) The appeal board may determine that a specified hazardous
waste facility project that is not a land disposal facility project is
consistent with the general plan if the.appeal board makes all of the
following findings:
(i) The project is proposed to be located in an area zoned and
designated in the applicable general plan for industrial use and
substantially developed with other industrial facilities which
produce, treat, or dispose of hazardous waste onsite and which are
served by the same' transportation routes as the proposed facility. In
addition, the land uses authorized in the applicable general plan and
zoning ordinances in the vicinity of the project is compatible with
the project •
(ii) There is no clear and express provision in the general plan
which states that such a specified hazardous waste facility project is
inconsistent with the general plan, or, if there is such a provision, the
provision was adopted after January 1,1983.
(iii) The specified hazardous waste project is consistent, as
determined by the appeal board, with the general plan.
(B) The appeal board may determine that a specified hazardous
waste facility project is consistent with the applicable city or county
general plan if the project is a land disposal facility project, and if all
of the following apply.
(i) There is no clear and express provision in the general plan that
states that such a specified hazardous waste facility project is
inconsistent with the general plan, or, if there is such a provision, the
provision was adopted after January 1,1983.
(ii) The project is consistent, as determined by the appeal board,
with the general plan.
(3) That the specified hazardous waste facility is consistent with
the CQunty hazardous waste management plan, if such a plan has
been adopted by the county, and approved by the department,
pursuant to Article 3.5 (commencing with Section 25135).
(4) That alternative locations for the specified hazardous waste
94 770
Appendix II-A, Page 29
c
Ch. 1504 — 30 —
facility project, as identified in the environmental impact report for
the project and in the county hazardous waste management plan, if
one has been approved by the department, have been adequately
considered by the appeal board in determining the appropriateness
of the location chosen for the project.
(5) That reversing the local agency's land use decision is
consistent with statewide, regional, and county hazardous waste,
management policies, goals, and objectives. In making this finding,
the appeal board shall consider all of the following factors:
(A) Whether or not a need for the specified hazardous waste
facility project has been demonstrated.
(B) Whether or not the specified hazardous waste facility project
is of a type, and in a location, that conforms to statewide, regional,
or local hazardous waste management policies.
(C) Whether or not the specified hazardous waste facility will be
operated using the best feasible hazardous waste management
technologies.
(g) The local agency whose* land use decision is being appealed
may reconsider the action and approve the application for die land
use decision, consistent with the appeal board's tentative decision,
within 60 days after the appeal board issues its tentative decision. If
the local agency does not approve the application for the land use
decision consistent with the tentative decision within 60 days after
the decision is issued, the appeal board shall, by an affirmative vote
of at least four members, issue a final decision. If the final decision
reverses the local agency's land use decision, the appeal board shall
then require the local agency to approve the application for the land
use decision and if the local agency does not approve the application
for the land use decision, the Attorney General shall bring an action
to require the local agency to approve the application for the land
use decision for the specified hazardous waste facility project
25199.13. (a) An appeal board established to hear an appeal
authorized by the Governor or the Governor's designee pursuant to
subdivision (d) w (e) of Section 25199.9 shall follow the procedures
and requirements specified in this section.
(b) Within 30 days after the Governor or the Governor's designee
determines that the filing of an appeal is authorized by subdivision
(d) or (e) of Section 25199.9, an appeal board shall be convened and
a public hearing held in the city or county where the specified
hazardous waste facility project is located. At the hearing, the
proponent or the interested party and the local agency whose land
use decision is being appealed shall present arguments and evidence
to the appeal board concerning whether or not the appeal should be
accepted.
The arguments and evidence presented to the appeal board for an
appeal authorized pursuant to subdivision (d) of Section 25199.9,
shall only concern whether or not a condition or conditions imposed
on the operation of the facility by the land use decision are so onerous
94 800
Appendix II-A, Page 30
— 31— . Ch. 1504
and restrictive that their imposition is the same as a disapproval of
the application for a land use decision. The arguments and evidence
presented to the appeal board for an appeal authorized pursuant to
subdivision (e) of Section 25199.9, shall only concern whether or not
a condition or conditions imposed on the project by the land use
decision do not adequately protect the public health, safety, and
welfare.
(c) Within 15 days after the date of the public hearing, the appeal
board shall decide whether or not to accept the appeal. The appeal
board may accept an appeal only by an affirmative vote of five
members of the appeal board. The appeal board shall make its
decision based upon the arguments and evidence presented at the
hearing. The appeal board's decision shall be in writing, shall be
signed by the members who voted in favor of the decision, and shall
state the reasons for accepting or rejecting the appeal. The appeal
board may not accept the appeal unless it finds that the proponent
or interested party has demonstrated a substantial likelihood of
prevailing on the merits if the appeal is accepted for hearing.
(d) If the appeal board accepts the appeal, within 30 days after
this decision, the appeal board shall hold a public hearing in the city
or county where the specified hazardous waste facility project is
located to hear the arguments and evidence it requires to make a
decision on the appeal. The appeal board shall restrict the scope of
the hearing to those matters which the appeal board determines are
directly related to the subject matter of the appeal In making a
decision pursuant to the hearing, the appeal board shall adopt a
rebuttable presumption that the local agency's land use decision is
supported by substantial reasons and that there are no compelling
reasons to modify it In all matters related to the appeal, the burden
of proof shall be with the proponent or the interested party to rebut
this presumption and to establish, by clear and convincing evidence,
that there are compelling reasons to modify the local agency's land
use decision.
(e) Within 30 days after the public hearing, the appeal board shall,
by an affirmative vote of at least five members, issue a decision on
the appeal The decision shall be written, shall be signed by the
members in favor of the decision, and shall include the reasons for
the decision.
(f) If the appeal is authorized by the Governor or the Governor's,
designee pursuant to subdivision (d) of Section 25199.9, the appeal
board shall not issue a decision modifying the local agency land use
decision, unless the appeal board finds that there is clear and
convincing evidence that one or more conditions imposed on the
facility by the land use decision are so onerous and restrictive that
their imposition is the same as a disapproval of the application for a
land use decision. If the appeal board agrees with the proponent
concerning these conditions, the appeal board shall require the local
agency to modify the condition or conditions imposed by the land use
94 830
Appendix II-A, Page 31
c
Ch. 1504 — 32 —
decision, as the appeal board deems necessary. If the local agency
does not modify the terms of the local land use decision, as required
by the appeal board, the Attorney General shall bring an action to
require the local agency to modify the local land use decision in
accordance with the determination of the appeal board.
(g) If the appeal is authorized by the Governor or the Governor's
designee pursuant to subdivision (e) of Section 25199.9, the appeal
board shall not issue a decision approving the appeal of the interested
person unless the appeal board finds that there is clear and
convincing evidence that the land use decision approved by the local
agency failed to impose one or more conditions necessary to protect
the public health, safety, or welfare. If the appeal board approves the
appeal of the interested person concerning these conditions, the.
appeal board shall require the local agency to modify the land use
decision in accordance with the appeal board's decision. If the local
agency does not modify the land use decision as required by the
appeal board, the Attorney General shall bring an action to require
the local agency to modify the land use decision in accordance with
' 'the determination of the appeal board.
25199.14. The final decision of the appeal board concerning an
appeal authorized pursuant to Section 251995 shall be deemed to be
the final administrative action of the appeal board.
SEC 9. Section 25200.1 is added to the Health and Safety Code,
to read:
25200.1. Notwithstanding Section 25200, the department shall not
issue a hazardous waste facility permit to a facility which commences
operation on or after January 1, 1987, unless the department
determines that the facility operator is in compliance with
regulation!! adopted by the department pursuant to this chapter
requiring that the operator provide financial assurance that the
operator can respond adequately to damage claims arising out of the
operation of the facility.
SEC 10. Section 25200.2 is added to the Health and Safety Code,
to read:
25200.2. (a) Notwithstanding % Sections 25200 and 25200.3, the
department shall not issue a hazardous waste facilities permit or
grant interim status to any person to use and operate a facility which
is a hazardous waste land disposal facility* unless the facility is a
treatment facility or a facility used exclusively for the disposal of
treated hazardous wastes or special wastes. This subdivision applies
only to hazardous waste land disposal facilities that commence
operation on or after January 1,1997.
(b) The disposal of liquid wastes, liquid hazardous wastes, or
hazardous wastes containing free liquids in hazardous waste landfills
is prohibited. For purposes of this subdivision, "free liquids" means
liquids that readily separate from the solid portion of a hazardous
waste under ambient temperature and pressure.
(c) Beginning on January 1,1990, the department shall prohibit
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the disposal of hazardous wastes that are not treated hazardous
wastes into hazardous waste landfills unless the hazardous waste is
solid hazardous waste and is produced as a result of removal or
remedial action at a hazardous waste site or unless the hazardous
waste is a special waste,
(d) For purposes of this section, the following definitions apply:
(1) "Hazardous waste landfill" means a disposal facility, or a part
of a facility, where hazardous waste is placed in or on land and which
is not a land treatment facility, a surface impoundment, or an
injection well
(2) "Special waste" means a waste which meets the criteria and
requirements established in Section 66742 of Title 22 of the California
Administrative Code and has been classified as a special waste
pursuant to Section 66744 of Title 22 of the California Administrative
Code.
(3) 'Treated hazardous waste" means the solid residual portion of
a hazardous waste which is produced when the hazardous waste is
treated by a method, technique, or process, including incineration,
that changes the physical, chemical, or biological character or
composition of the waste and which is in compliance with at least one
of the following:
(A) It meets the criteria and requirements for, and may be
managed as, a special waste.
(B) It does not contain any persistent or bioaccumulative toxic
substance in excess of the soluble threshold limit concentration for
the substance as established in regulations adopted by the
department
(C) It meets treatment standards established by the
Environmental Protection Agency pursuant to subsection (m) of
Section 201 of the Hazardous and Solid Waste Act Amendments of
1984 (42 U.S.C. Sec. 6924 (m)) or, if the department has established
equivalent or more' stringent treatment standards pursuant to this
chapter, it meets the treatment standards established by the
department
SEC 11. Section 25204 of the Health and Safety Code is repealed
SEC 12. The sum of ten million dollars ($10,000,000)
appropriated by Section 21 of Chapter 1440 of the Statutes of 1985 is
hereby transferred to the Hazardous Waste Management Planning
Subaccount in the Hazardous Waste Control Account for purposes of
funding the hazardous waste management planning activities
required by Article 3.5 (commencing with Section 25135) of Chapter
6.5 of Division 20 of the Health and Safety Code.
SEC 13. Section 10 of this act, which adds Section 25200.2 to the
Health and Safety Code, shall not become operative if Senate Bill
1500 is enacted and becomes operative.
SEC. 14. Reimbursement to local agencies and school districts for
costs mandated by the state pursuant to this act shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
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o
Ch. 1504 —34 —
Title 2 of the Government Code and, if the statewide cost of the
claim for reimbursement does not exceed five hundred thousand
dollars ($500,000), shall be made from the State Mandates Claims
Fund, except that no reimbursement is required by this act pursuant
to Section 6 of Article XIIIB of the California Constitution for those
costs which may be incurred by a local agency or school district
because this act creates a new crime or infraction, changes the
definition of a crime or infraction, changes the penalty for a crime
or infraction, or eliminates a crime or infraction.
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