HomeMy WebLinkAboutMINUTES - 08121986 - X.12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 12, 1986 �, by the following vote:
AYES: Supervisors Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
--------------------------------------------------------------------
--------------------------------------------------------------------
SUBJECT: Proposed Legislation AB 2870
The Board received a memorandum dated July 16 , 1986 from
Mark Finucane, Health Services Director, (attached hereto and by
reference incorporated herein) recommending that the Board adopt a
position in support of proposed legislation AB 2870, California Fair
Share Hazardous Waste Act 'of 1986 .
IT IS BY THE BOARD ORDERED that the recommendation of the
Health Services Director is APPROVED.
ec: Health Services Director
County Administrator
Legislative Delegation, via CAO
i
I
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: eg!±?"4 /.R, /98 G
PHIL BATCi LOR, Clcrlt c,' "he Board
of Supervisors and County Administrator
By , Deputy
=� CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMErf� ''.' "
U,G 1 1986
0I Nce of
County. Administrator
To: Board of Supervisors Date:
via Phil Batchelor July 16, 1986
County Admin' trator
From: � Subject:
Mark Finucane AB2870 - Bronzan
Health Services Dir torCalifornia Fair Share
by Dan Bergmans_ sem' Hazardous Waste Act of 1986
Assistant Health Servi e� s Director
Environmental Health
Contra Costa County Health Services Department recommends active support of
AB2870. HOAC and CCLHO supports this bill . California Conference of the
Directors of Environmental Health (CCDEH) opposes this bill .
Under current State law, the Director of the State Department of Health Services
has exclusive jurisdiction over Class I hazardous waste disposal sites to wit:
1) To conduct hearings at the Director' s discretion to determine whether a
Class I disposal facility may present an imminent and substantial endanger-
ment to health and the environment;
2) Prohibits local agencies from imposing additional restrictions on types of
hazardous waste previously authorized for disposal , treatment, or storage at
the hazardous waste facility;
3) To issue interim and permanent treatment, storage, and disposal (TSD) per-
mits to on-site and off-site Class I facilities;
4) Allows the Director to prohibit these Class I facilities from refusing to
accept hazardous waste based on geographical origin.
AB2870 would benefit Contra Costa County in the following significant areas of
local concern:
1) Would require the Director to determine whether the existing hazardous waste
facility may present an imminent or substantial endangerment to public
health or the environment at the request of a city or county which has
jurisdiction over an existing facility;
2) Require the Director to consider specific issues of concern raised by the
local jurisdiction in making the determination;
3) Authorize counties and cities having jurisdiction to undertake studies to
determine if such facilities present an imminent or substantial endangerment
or nuisance, and to impose an annual fee of not more than $150,000 on a faci-
lity subject to the study;
A-41 3/81
Board of Supervisors -2- July 16, 1986
4) Prohibit more than 500,000 tons of untreated hazardous waste from being
disposed of statewide annually;
5) Exempt facilities disposing of treated wastes and where the local Board of
Supervisors adopts and annually reviews a specified resolution;
6) No county will be forced to accept for permanent disposal more than 150 per-
cent of the total volume of hazardous waste produced annually within that
county.
Section 25200.4 of this bill proposes to prevent the Director from issuing faci-
lity permits where the annual amount of untreated- hazardous waste disposed of
off-site exceeds 150 percent of the totalvolume of hazardous waste generated in
the county for off-site disposal in the 12 previous months on or after January
1, 1987.
The California Conference of Local Environmental Health Directors opposes this
legislation because of their concerns that this short time frame will not allow
sufficient time for the development of alternative treatment technologies to
reduce untreated waste streams generated within their jurisdictions. The fear
expressed is that insufficient land disposal capacity for untreated wastes will
exist statewide and increased midnight dumping will result. This concern can
be obviated by amending this particular provision of AB2870 to extend the
compliance date.
The State Health Services Director can also allow more than the 150 percent to
be disposed within a facility if a determination is made that statewide disposal
capacity is inadequate, or that a specific hazardous waste disposal facility is
superior to all others for reasons specified in this proposed bill .
The terms and provisions of AB2870 are consistent with enhancing local control ,
the recommendations of the Hazardous Waste Task Force, the Board of Supervisors'
concerns and public policy positions, the Grand Jury 1985-86 recommendations,
and the Contra Costa County Department of Health Services need for greater
jurisdictional authority over Class I disposal sites.
MF:DB:rm
16AB2870