HomeMy WebLinkAboutMINUTES - 07281987 - 1.3 (2) TD BOARD OF SUPERVISORS
FROM: C 1tra
PHIL BATCHELOR, County Administrator Cx)sta/� ,may,
DATE: 1 _N If lI\/
July 20, 1987. Vv�.�l I�j
SUBJECT:
LEGISLATION - SB980 (KEENE)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in support of SB980 by Senator Keene which would provide
legislative authority for the County Health Officerto conduct a hearing to
determine whether an existing hazardous waste facility presents an . imminent
and substantial endangerment to health or the environment.
BACKGROUND:
Existing law prohibits local agencies from unreasonably regulating dispos-
al, treatment or recovery of resources from existing hazardous waste
facilities unless the State Department of Health. Services conducts a
hearing and determines that the operation of the facility may present an
imminent and substantial endangerment to health and the environment.
Senator Keene has introduced SB980 to transfer this responsibility to
conduct the hearing to the County Health Officer. The Health' Officer could
make the determination that a' facility presented an imminent and substan-
tial endangerment with the concurrence of a majority of the Board of
Supervisors. The County . Health Officer would be required to conduct a
hearing whenever any of the following occurs:
1) A state or federal agency requires an evacuation of a residence or
facility to which the public has access, because of the release of
hazardous substances from the hazardous waste disposal facility.
2) For more than five days in any month, the air emissions from the
facility result in a violation of an emissions standard for hazardous
air pollutants.
3 ) A state or federal public agency requires the discontinuance. of a
source of drinking water because of contamination by a release of
hazardous waste from the facility.
4) A state agency or Board of Supervisors upon recommendation of its
local health officer makes a finding that the public health has been
affected by the release of hazardous waste from the facility.
CONTINUED ON ATTACHMENT, YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S
SIGNATURE( 1: _
ACTION OF BOARD ON 74,284,87 _ APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHDWN.
CC: County, A,dmi:nsitrator ATTESTED _ July 28 , 1887_
Health_ Services. 'Director PHIL BATCHELOR, CLERK OF THE BOARD OF
Jackson'/Ba ish & Associate's UPERVISORS AND COUNTY ADMINISTRATOR
Senator Barre Keene
G� ,DEPUTY
M382/7-83 Y —
5) The owner or operator of the facility is in violation of an order
which requires:
a) the correction of a violation or condition that has resulted in
an unauthorized release of hazardous waste, and
b) the cleanup of a release of hazardous waste; the abatement of the
effects of a release, and any other remedial action.
6) The facility is in violation of an order issued pursuant to the Water
Code, or of a temporary restraining order for preliminary or permanent
injunction issued pursuant to the Water Code.
Once such a finding is made and confirmed by a majority of the Board of
Supervisors the county could issue an order prohibiting or regulating the
disposal, treatment or recovery of resources from hazardous waste at the
facility. An appeal procedure would be provided to the Director of the
State Department of Health Services.
This bill would provide legislative authority to conduct the type of
hearing the Contra Costa County Health Services Department conducted with
respect to I.T. Corporation in 1986. The Health Services Director recom-
mends that the Board of Supervisors support SB980 and this office concurs
with that recommendation as being consistent with prior positions of the
Board of Supervisors in attempting to obtain more local control and discre-
tion over the operation of hazardous waste facilities in this County.
SB980 is still pending disposition in the Senate Committee on Toxics and
Public Safety Management. It is unlikely that it will receive further
consideration until January, 1988 but it is still important that the Board
indicate their support of the bill.