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HomeMy WebLinkAboutMINUTES - 08011989 - 1.2 (2) 1-020 T7: - 110ARD OP SUPERVISORS FRQN; Mark Finucane, Health Services Director Contra Costa DATE:. July 26, 1989 Canty SL*BJECT; HAZARDOUS WASTE GENERATOR ORDINANCE . . SPECIFIC REQUEST(S) OR RECOMMENDATION(S) h BACKGROUND AND JUSTIFICATION I . RECOMMENDATION: 1 . Set August 15,• 1989 for public hearing and comment, and possible adoption of the Hazardous Waste Generator Ordinance. 2 . Pursuant to Government Code section 54986, direct the Health Services Director to mail 14 days' notice of the time and place of the above-set hearing (meeting) date, including a . statement that the ordinance to be considered proposes increasing some fees charged by the Health Services Department, and a statement that data indicating the estimated cost of providing hazardous waste generator and hazardous waste minimization program services, and the revenue sources anticipated to provide the services, shall be available to the public ten ( 10) days before' the above-set hearing date. 3 . Pursuant to Government Code section 54986, direct the Health Services Director to make available to the public, data indicating the estimated cost of providing hazardous waste generator and hazardous waste minimization program services, and the revenue sources anticipated to provide the services, at least ten (10) days before the above-set hearing date. 4. Pursuant to Government Code Sect. 54994 . 1, direct the Health Services Director to publish notice of the time and place of the above-set hearing including a general explanation of the matter to be considered, in accordance with Government Code Sect. 6062a. 5. Accept the Hazardous Waste Minimization Program Summary. CONTINUED ON ATTACHMENT: X YES SIGNATURE• RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTIIER S I GNATURI:(S 1:_ ACTION OF BOARD ON APPROVED AS RECOMMENDED /OTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NDES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. :C0 County Administrator ATTESTED - AUG 1 )989 County Counsel PHIL BATCHELOR, CLERK OF THE 80AR0 OF Health Officer/Dir. of Env. Health SUPERVISORS AND COUNTY ADMINISTRATOR Env. Health/Hazardous Materials 1\/I-B3 By 'DEPUTY II . FINANCIAL IMPACT: A. Regulated Community Generators producing less than five ( 5) tons of hazardous waste per calendar year will be assessed a fee of $90. 00 . This fee is the minimum assessed under the previous hazardous waste generator ordinance, and does not represent an increase in fees paid by this class of generators. Generators of five ( 5) tons or more of hazardous waste per calendar year will be assessed a fee equal to the generator fee amount owed to the State Board of Equalization pursuant to HSC 25205 . Fees paid to the County under this ordinance may be deducted from the fee owed to the State Board of Equalization; thus, there will be no net increase in fees paid to agencies by generators of five ( 5) or more tons. B. County Budget - See attached Operating Budget (Attachment 1) C. There will be an undetermined County cost as a generator of hazardous waste. This cost should be negligible. III . REASON FOR RECOMMENDATION AND BACKGROUND: A. BACKGROUND 1. The Hazardous Materials Commission recommended adoption of the Hazardous Waste Generator ordinance at its July 26, 1989 meeting. 2 . The Hazardous Materials Commission recommended acceptance of the Hazardous Waste Minimization Program Summary at its June 28, 1989 meeting. 3 . Health and Safety Code Section 25180 authorizes the local health officer to enforce the standards and regulations adopted pursuant to Health and Safety Code Section 25150 . 4 . Health and Safety Code Section 510 authorizes the local health officer to prescribe such fees as will pay the reasonable expenses incurred in enforcement of state statutes, rules, and regulations. 5. The Memorandum of Designation between the State of California Department of Health Services and the County of Contra Costa grants to the local health officer the primary responsibility for enforcing standards and regulations adopted pursuant to Health and Safety Code Section 25150. 6. Hazardous waste producers of greater than or equal to five ( 5) tons of hazardous waste pay a hazardous waste generator fee to the State of California Board of Equalization pursuant to Health and Safety Code Section 25205. These fees may be offset by any fees paid to local agencies for a hazardous waste management program operated under a memorandum of understanding with the State of California Department of Health Services (Revenue and Taxation Code Section 43152) . -2- 7 . The Hazardous Material Commission and the Board of Supervisors adopted a program priority summary for County Environmental Health Programs. A waste minimization program funded by increased generator inspection fees was the number one priority. 8. Contra Costa County' s Hazardous Waste Management Plan recommends a Waste Minimization Program be implemented in order to achieve the County' s waste reduction goals. B. RATIONALE. This ordinance will: 1 . Enable the implementation of a formal waste minimization program which will result in the reduction of the volume and toxicity of hazardous wastes generated in Contra Costa County. 2. Enhance the fee structure to better reflect risk imposed on the community by hazardous waste producers. This will be accomplished by revoking the current fee schedule based on the number of employees and imposing a new fee schedule based on the quantity of hazardous waste produced. 3 . Update the definition of "hazardous waste generator" by equating it to the definition given in the Health and Safety Code. 4. Increase the operational efficiency of the Health Services Department by enabling centralization of revenue collection efforts. 5. Provide waste minimization incentives through use of a fee based on waste quantity. 6. Provide funding adequate to support the County' s Hazardous Waste Generator and Hazardous Waste Minimization programs while posing no additional financial burden to generators. -3- ATTACHMENT 1 PROJECTED OPERATING BUDGET FOR FISCAL YEAR 1989-90 HAZARDOUS WASTE GENERATOR AND MINIMIZATION PROGRAM HEALTH SERVICES DEPARTMENT, ENVIRONMENTAL HEALTH DIVISION Estimated Operating Expenses Professional Staff 4 FTE $166,700 Clerical Staff . 5 FTE 11 ,500 Total Salaries $178,200 Employee Benefits @ 25% 47,200 Total Salaries & Employee Benefits $225 ,400 Professional Services Contract Outreach Coordinator 20,800 Services & Supplies - General 30,200 Other Expenses 7 ,100 Total Services & Supplies 58,100 Computer Hardware and Software 5, 000 Health Services Dept. Overhead 8, 300 Environmental Health Div. Overhead 81500 County (A-87) Overhead 9,100 Total Overhead 25,900 TOTAL EXPENSES $314,400 Estimated Revenues Fees assessed to hazardous waste generators are projected to meet total operating expenses with no expenditure of County General Fund Monies. CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1.-020 OCCUPATIONAL HEALTH/HAZARDOUS MATERIALS HAZARDOUS WASTE MINIMIZATION PROGRAM SUMMARY OBJECTIVE The objective of the hazardous waste minimization program (HWM) is to protect public health and the environment through reductions in the amount and toxicity of hazardous waste generated. This will be accomplished -'in accordance with the following hierarchy: First, reduce the use of hazardous substances and the generation of hazardous wastes at their source; Second, recover and recycle for reuse as much of the remaining waste as possible, preferably on-site. Third, treat those wastes not amenable to source reduction or recycling so that the environment and community health are not threatened by their ultimate disposal. The Hazardous Waste Minimization Program is comprised of the following elements: I. Information and Outreach Information and outreach activities will provide local businesses with the resources and materials necessary to implement waste minimization programs. Activities will include: o Information and referral hotline services. o Educational materials such as brochures, technical guides, resource lists, and library services. o Training workshops/seminars for hazardous waste generators. o Promotion of waste minimization concepts and practices through media and industry channels. Information and outreach activities will be coordinated with other agencies including the U.S. Environmental Protection Agency, State of California Department of Health Services, local fire, air and sanitary districts, and city governments. Industrial trade associations, chambers of commerce, and other industry groups will consult and participate in the program. Labor unions, environmental organizations and technical experts will be encouraged to assist in the program development and implementation. Time Frame o Workshops: three in first program year, ongoing thereafter. o Technical assistance exchange project: feasibility study complete by September, 1989; if positive study results, startup by March 1990, ongoing thereafter. o Staff training: general and two industry specific trainings during first program year, ongoing thereafter. o Individual generator service enhancement: startup during first program year, ongoing thereafter. III. Local Measures Promoting Waste Minimization Measures designed to promote waste minimization will be pursued locally. Generators producing hazardous waste above a specified cutoff level will be required to submit waste minimization improvement plans. Public recognition of successful waste minimization programs by both large and small generators will be formalized. New or expanding businesses submitting environmental impact reports shall include a waste minimization plan in the report. State and Federal legislation which promotes waste minimization will be monitored and encouraged by local government. Products o Local requirements for submittal of waste management improvement plans, and for incorporation of these plans into appropriate generator environmental impact reports. o Public recognition of model waste minimization programs. Time Frame o Local requirements: review during first program year; adoption in second program year; ongoing thereafter. o Public recognition: startup during first program year, ongoing thereafter. IV. Data Management Progress toward meeting the County' s hazardous waste reduction goals will be reviewed annually. • Waste quantities by generator, industry type, waste type, and other relevant categories will be monitored to discern program effectiveness and to prioritize future program efforts. Initial data sources for waste minimization information include hazardous waste manifest information, generator biennial reports, facility annual reports, the County' s hazardous waste management plan, and the County' s hazardous waste generator data base. Based on the quality of data available from these sources, a determination of the need for additional data will be made. III. Local Measures Promoting Waste Minimization Measures designed to promote waste minimization will be pursued locally. Generators producing hazardous waste above a specified cutoff level will be required to submit waste minimization improvement plans. Public recognition of successful waste minimization programs by both large and small generators will be formalized. New or expanding businesses submitting environmental impact reports shall include a waste minimization plan in the report. State and Federal legislation which promotes waste minimization will be monitored and encouraged by local government. Products o Local requirements for submittal of waste management improvement plans, and for incorporation of these plans into appropriate generator environmental impact reports. o Public recognition of model waste minimization programs. Time Frame o Local requirements: review during first program year; adoption in second program year; ongoing thereafter. o Public recognition: startup during first program year, ongoing thereafter. IV. Data Management Progress toward meeting the County' s hazardous waste reduction goals will be reviewed annually. Waste quantities by generator, industry type, waste type, and other relevant categories will be monitored to discern program effectiveness and to prioritize future program efforts. Initial data sources for waste minimization information include hazardous waste manifest information, generator biennial reports, facility annual reports, the County' s hazardous waste management plan, and the County's hazardous waste generator data base. Based on the quality of data available from these sources, a determination of the need for additional data will be made. An electronic data storage system will continue to be used to manage the majority of waste minimization information. Products• o Enhanced electronic data storage system. o Reports on the County' s hazardous waste profile by industry type, waste type, and other relevant categories. o Assessment of data quality. o Assessment of progress toward meeting the County's waste minimization goal. Time Frame: December 1989, and third quarter of each year thereafter. 3 An electronic data storage system will continue to be used to manage the majority of waste minimization information. Products: o Enhanced electronic data storage system. o Reports on the County' s hazardous waste profile by industry type, waste type, and other relevant categories. o Assessment of data quality. o Assessment of progress toward meeting the County's waste minimization goal. Time Frame: December 1989, and third quarter of each year thereafter.