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HomeMy WebLinkAboutMINUTES - 08291989 - T.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on Auqust 29, 1989 by the following vote: AYES: Supervisors Fanden, Schroder and Torlakson NOES: None ABSENT: Supervisors Powers and McPeak ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: A Resolution of the Board RESOLUTION NO. 89/587 of Supervisors, County of Contra Costa, State of California, Approving the 1989 Contra Costa County Hazardous Waste Management Plan WHEREAS, Assembly 2948 (Statutes of 1986) authorized counties to prepared hazardous waste management plans; WHEREAS, the Board of Supervisors in conjunction with the County Hazardous Materials Commission, which was designated as the Advisory Committee, has prepared the Contra Costa County Hazardous Waste Management Plan; WHEREAS, the Plan was prepared with the cooperation of affected local jurisdictions, and with the involvement of the public to the fullest extent possible, in accordance with State law; WHEREAS, State law requires that the Plan be approved by a majority of the cities containing a majority of the incorporated population, the Board of Supervisors and the State Department of Health Services; and WHEREAS, the Plan has been approved by a majority of the cities containing a majority of the incorporated population; WHEREAS, the County Hazardous Materials Commission has recommended approval of the Plan; WHEREAS, the Community Development Director".- recommends, approval of the Contra Costa County Hazardous Waste Management Plan; WHEREAS, Contra Costa County, as the Lead Agency, has prepared an Environmental Impact Report on the Plan; WHEREAS, the County Zoning Administrator has recommended certification of the Environmental Impact Report; NOW, THEREFORE the Board of Supervisors of the County of Contra Costa resolves that: 1. This Board, on August 29, 1989 , after due notice, held a public hearing at which time the Board heard comments from the public and County staff on the Contra Costa County Hazardous Waste Management Plan. 2. The Board hereby certifies that: 1) The Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act, as recommended by the County Zoning Administrator; and bj The Final Environmental Impact Report was presented to the Board and the Board considered the information contained in the Final Environmental Impact Report prior to approving the Hazardous Waste Management Plan. Resolution No. 89/587 1 3 . The Board hereby adopts the findings on the Final Environmental Impact Report attached hereto as Exhibit A and incorporated herein by reference. 4. The Contra Costa County Hazardous Waste Management Plan is hereby APPROVED AND ADOPTED. 5. The Community Development Director is directed to submit the County Hazardous Waste Management Plan to the State Department of Health Services for their approval. 1,f mby ce"that this Is a true and correct copy of an action taken and entered on the minutes of the 8owd of 8"on►lsofa on the data shown. ATT99M I IP1iff?__ j l l 5 :hwmp.res PHIL SATOMMS Clerk of the Board st8upwisomodGwAVAdministralor Orig. Dept. : Community Development By .Deputy cc: Hazardous Materials Commission (via CDD) California Department of Health Services (via CDD) RESOLUTION NO. 89/ 587 EXHIBIT "A" SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FINDINGS AND MONITORING PROGRAM PROCEDURES The Board of Supervisors of Contra Costa County, California finds that: The California Environmental Quality Act (CEQA) , as amended, together with the State CEQA Guidelines require the preparation of Environmental Impact Reports for certain public and private sector projects requiring discretionary actions by California' s governments. The discretionary approval powers over the proposed project known as the Contra Costa County Hazardous Waste Management Plan (Plan) resides with the County, with the 18 cities within the County, and with the State Department of Health Services. The County, as the Lead Agency, determined that a Program Environmental Impact Report (EIR) was required for this project (Section 15168, CEQA Guidelines) . The County issued a Notice of Preparation on July 29, 1987, to the State Clearinghouse and to various public agencies, organizations and individuals. The County determined that this EIR should be prepared in accordance with AB 2948 (Statutes of 1986) and with the guidelines prepared by the State Department of Health Services pursuant to this statute. The County determined that the EIR should address the general environmental impacts associated with implementation of the Plan. The Plan itself would have no direct impact on the environment, but would allow certain projects to proceed, upon a finding of consistency, that could have an impact on the environment. The County has determined that a written finding, accompanied by an explanation of the rationale for the finding, be prepared for each significant impact identified in the EIR. In addition, as required by recent State legislation (AB 3180, Statutes of 1988) , the Lead Agency must adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant impacts to the environment. The County shall make the results of this monitoring program available to the public. On August 9, 1988, a Draft EIR for the Plan was published. Due to substantial revisions of the Plan required by the State Department of Health Services, a Subsequent EIR was prepared and published on April 21, 1989. On May 22, 1989, the Contra Costa County Zoning Administrator held a public hearing on the Draft Subsequent EIR. The notified review period ended on June 5, 1989. The Final Subsequent EIR consists of the Draft Subsequent EIR (May, 1989) and the Response Document (June, 1989) . RV:jal jll8:sub.eir(8/25/89) SIGNIFICANT IMPACTS FULLY MITIGATED The Board of Supervisors finds that the following significant impacts could result from implementation of the Plan's policies and programs. The Board of Supervisors finds that the associated mitigation measures reduce these impacts to 'less than significant levels. The Board of Supervisors adopts these mitigation measures, including corresponding monitoring programs, and declares its intent to incorporate them into the Plan. I. PUBLIC HEALTH AND SAFETY IMPACT: The siting of individual hazardous waste facilities could create localized impacts on public health and safety through releases of hazardous substances to the air, land and water. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. 1. The following mitigation measures have been required in or incorporated into the Plan: a. Mitigation Measure: The Plan promotes hazardous waste reduction and improvements in waste management methods consistent with the hazardous waste management hierarchy. Supporting Rationale: The improvement of waste management methods and the reduction in the volume and toxicity of the waste generated in the County will reduce the number and/or size of facilities needed to handle hazardous waste. This will reduce the potential for releases of these substances, thereby minimizing potential impacts to public health and safety and to the environment. Monitoring Program: The Plan' s Waste Minimization Program shall be administered by the County Health Services Department (HSD) . The HSD shall report every two years to the Board of Supervisors (Board) on the progress toward achieving the hazardous waste reduction goal and improvements in waste management methods utilized. b. Mitigation Measure: Health risk screenings/assessments and EIR's will be used to determine the need for buffering residential areas, immobile populations, and public facilities from proposed off-site hazardous waste management facilities. A 2,000-foot buffer zone for proposed residual repository facilities is required by State law. Supporting Rationale: The need for, and size of, a buffer zone necessary to further protect public health and safety, is dependent upon the physical and chemical characteristics of the specific types of waste to be handled and the design features of the facility. Therefore, health risk screenings/assessments and EIRs developed on specific projects which will consider these variables, should be utilized to determine the need for, and size of, buffering. Monitoring Program: For proposed projects within the unincorporated area, the Community"Development Department (CDD) shall be responsible for utilizing health risk assessments and EIRs to determine the need for, and size of, buffer zones. The CDD shall submit an annual monitoring report to the Board on the status of this buffer zone criteria as it applies to proposed and newly-sited facilities. This report, based on Plan Check, Construction and Post-Construction Monitoring Reports when applicable, will include the monitoring of all criteria to be used as mitigation measures for the siting of new or significantly expanded facilities. The annual monitoring report will include information which may be submitted by cities regarding projects within their jurisdiction. C. Mitigation Measure: No facility shall be located within the watersheds of existing or proposed drinking water reservoirs. Residuals repository facilities shall not be sited within areas known or suspected to be supplying principal recharge to a regional aquifer. Supporting Rationale: The Plan's siting criteria for facilities include this prohibition in order to prevent and/or reduce the potential infiltration of released hazardous substances to drinking water supplies. This serves as an additional safety measure for public health and safety by physically separating hazardous waste facilities from sources of potable water. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion as project-specific proposals for unincorporated areas are reviewed. The CDD shall submit an annual report to the Board on the status of this requirement as it applies to proposed and newly-sited facilities within unincorporated areas. The annual report to the Board will also include any information provided by cities with the County regarding projects located within their jurisdiction. 2. d. Mitigation Measure: The Plan's siting criteria requires that emergency services, including police, fire, medical, and spill response, shall be available to all facilities. State law requires all facilities to have emergency response plans. Supporting Rationale: The availability of adequate emergency services and a predetermined response plan will help reduce the impact of releases of hazardous substances to air, land, and water, the impact of fire and explosion hazard due to accumula- tion of large quantities of flammable or incompatible wastes, and the impact of risk of accidental -hazardous substances released during transport. "Adequate Emergency Services" is defined by the emergency responder's own performance standards. Monitoring Program: The CDD shall be responsible for implement- ing this siting criteria as project-specific proposals for unincorporated areas are reviewed. The CDD shall submit to the Board an annual report on the status of this requirement as it applies to proposed and newly-sited facilities within unincorporated areas. The annual monitoring report will include information that may be submitted by cities regarding projects within their jurisdiction. The CDD shall obtain from the HSD reports on the status of facilities' emergency response plans and adequacy of emergency services, and include this information in its annual monitoring report to the Board. 2. The following mitigation measures are within the jurisdiction and responsibility of another public agency: a. Mitigation Measure: State law requires, as of May 8, 1990, that all wastes disposed at residuals repositories must be treated prior to disposal. Supporting Rationale: A residuals repository is a hazardous waste disposal facility for the collection of residuals from hazardous waste treatment facilities and other irreducible, stabilized or de-toxified hazardous waste. This law has the effect of substantially diminishing the toxicity of the wastes so that short and long-term threats to public health and safety from disposal are reduced. b. Mitigation Measure: All facilities must meet Bay Area Air Quality Management District (BAAQMD) air quality permit require- ments for stationary sources. Facilities with air emissions of criteria pollutants in excess of threshold limits, set forth in Regulation 2-2-301, must comply with the New Source Review and Best Available Control Technology (BACT) requirements of the BAAQMD and the California Air Resources Board (CARB) . 3. Supporting Rationale: Contra Costa County does not meet the federal primary standards for the criteria pollutants ozone (03) and carbon monoxide (CO) . Therefore, all potential new sources of criteria pollutants must be found consistent with the 1982 BAAQMD Bay Area Quality Plan to ensure compliance with 03 and CO standards. The BAAQMD requires all new facilities to meet permit requirements for stationary sources of air pollutants. To accomplish this, the Best Available Control Technology is required, thereby reducing to less than significant levels the potential impact of emissions. to the public health and safety. C. Mitigation Measure: The BAAQMD requires process equipment on solvent and oil recovery facilities to be fitted with seals and storage tanks, and transfer lines to have vapor recovery systems to prevent emissions of hazardous vapors and gases. Supporting Rationale: The Plan allows for certain projects to proceed including different types of hazardous waste management facilities. A solvent and oil recovery facility, one type of recycling/recovery operation, includes processes and equipment that can emit harmful vapors and gases. These emissions can be controlled by fitting equipment with proper seals and adding vapor recovery systems, thus reducing impacts to the general public and workers at the facility to less than significant levels. d. Mitigation Measure: Hazardous waste incineration facilities shall meet federal and State requirements for air emissions. Supporting Rationale: The incineration of hazardous waste could result in emissions of particulate matter and gases containing hazardous substances. The Environmental Protection Agency (EPA) requires that these units destroy 99.990 of the hazardous con- stituents being burned. The BAAQMD requires these facilities to comply with discharge criteria set forth in its Authority to Construct and Operate permit. These requirements include the monitoring of temperature and residence time to ensure that destruction/removal of wastes is adequate to meet emission standards. In addition, incinerators would be required to be equipped with scrubbers or electro-static precipitators to further reduce emissions to less than significant levels. IMPACT: The transportation of hazardous waste to and from facilities could cause public health and safety impacts due to the potential for spills of hazardous substances. Finding: The following mitigation measures have been required in, or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a level of less than significant. 4. R � a. Mitigation Measure: The Plan states that treatment facilities shall only be sited in areas designated for industrial (heavy and light) planned use in the General Plan of the agency with local land use jurisdiction (the County or a city) . This siting criteria will minimize the transport distances of waste, thereby reducing potential impacts to the public health and safety. Supporting Rationale: Most of the hazardous waste generators in the County are located in industrially zoned areas. The siting of treatment/transfer%storage. facilities in these same areas will minimize the distance needed to - transport hazardous waste. Moreover, the industrial areas in the County are generally near major freeways and most sites have adequate access from the freeways. These factors will serve to minimize the exposure of residential neighborhoods to accidental spills of hazardous substances. Monitoring Program: For projects proposed within unincorporated areas of the County, the CDD shall be responsible for implementing this criterion by recommending the denial of land use permit applications for projects which would not be within industrial designated areas. The CDD shall submit an annual monitoring report to the Board on the status of this .requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: The Plan' s criteria provides that access to hazardous waste facilities shall be prohibited through residential areas. Supporting Rationale: By prohibiting hazardous waste hauler traffic from routes going through residential areas, this siting criterion will reduce the potential adverse impacts to the public health and safety from hazardous substance spills. Monitoring Program: For projects proposed within unincorporated areas of the County, the CDD shall be responsible for implementing this criterion by making it a condition of the land use permit. The CDD shall submit an annual monitoring report to the Board on the status of this requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. 5. II. LAND USE IMPACT: Plan approved projects and constructed facilities could result in displacement of and incompatibility with existing land uses. Finding: The following mitigation measure has been required in, or incorporated into the Plan, and/or is within the jurisdiction of another public agency which has or can and should adopt this measure. This mitigation measure reduces this impact to a less than significant level. a. Mitigation Measure: The Plan's siting criteria include a requirement that facilities other than residuals repositories be sited only in light and heavy industrial planned areas, avoiding sensitive land uses such as residential, recreational and cul- tural areas. If a facility is proposed in a non-industrial area, a General Plan Amendment will be necessary to re-designate the property as industrial or a special designation for hazardous waste facilities in order to be consistent with the Hazardous Waste Management Plan. Additionally, the establishment of buffer zones through the health risk assessment and EIR processes is designed to minimize impacts on existing land uses to less than significant levels. Supporting Rationale: There are no specially zoned or plan- designated areas in the County for hazardous waste management facilities. However, since treatment facilities are basically industrial facilities, it is appropriate to site them in indus- trial areas. This would have the effect of assuring that compatible industrial activities be maintained in a similar area separate from other land uses. Health risk assessments and EIR's will be used to determine appropriate buffer zones between proposed facilities and more sensitive land uses to further protect public health and safety. Monitoring Program: For projects proposed within unincorporated areas of the County, the CDD shall be responsible for administering this criterion and for utilizing health risk assessments and EIRs to determine the need for, and size of buffer zones. The CDD shall submit an annual monitoring report to the Board on the status of these requirements as they apply to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. IMPACT: Noise and dust could adversely impact surrounding land uses during construction of facilities. 6. Finding: The following mitigation measure has been required in, or incorporated into the Plan, and/or is within the jurisdiction of another public agency which has or can and should adopt this measure. This mitigation measure reduces this impact to a less than significant level. a. Mitigation Measure: The applicant/developer shall be required to use noise and dust suppression devices and practices during construction of any new or significantly expanded facility. Supporting Rationale: Noise suppression techniques such as mufflers on vehicles and limited hours of construction activity minimize disruption to residential and recreational land uses surrounding the site. The application of water or dust suppres- sants on construction site grounds will reduce dust emissions. Environmental review of specific project proposals may identify more specific and/or additional mitigation measures for reducing these impacts on surrounding sensitive land uses to less than significant levels. Monitoring Program: For projects proposed within the unincorporated area of the County, the CDD shall be responsible for implementing this requirement as a condition of approval for a project. The CDD shall obtain reports from the BAAQMD (dust) and from the project sponsor (noise) on the compliance of facilities to dust and noise requirements, and include this information in reports to the Board during the construction of facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. III. AIR QUALITY IMPACT: Degradation of air quality due to criteria pollutant emissions from facilities; contribution to regional non-attainment of air quality standards. Finding: The following mitigation measures have been required in, or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt these measures. These mitigation measures reduce this impact to a less than significant level. 1. The following mitigation measure has been required in or incorporated into the Plan: 7. a. Mitigation Measure: The Plan excludes facilities from being sited in non-attainment areas unless risk assessments can show that emissions will not contribute to non-attainment of standards, that such emissions can be mitigated, and that emissions would not be greater than those associated with transporting wastes out of the County. Supporting Rationale: Due to Contra Costa County's non-attain- ment status, all proposed projects in the County must be found consistent with BAAQMD's 1982 Bay Area Air Quality Plan. In order to prevent further impact to non-attainment areas, the State Department of Health Services has required that this criteria be used in all County hazardous waste management plans. However, it does allow for consideration of a hazardous waste facility in the context of other emission-producing facilities in these areas, and with consideration that there are air quality impacts from transporting wastes out of these areas. A risk assessment, which considers the physical and chemical characteristics of the specific types of waste that will be handled and the design feature of the facility, is required as part of the permitting process to determine whether impacts from a proposed facility can meet air emission standards. Monitoring Program: For projects within the unincorporated areas of the County, the CDD shall be responsible for implementing this siting criterion as proposals are being reviewed. The CDD shall submit to the Board an annual monitoring report on the status of this requirement as it applies to proposed and newly-sited facilities. 2. The following mitigation measure is within the jurisdiction and responsibility of another agency: a. Mitigation Measure: All facilities must meet BAAQMD air quality permit requirements for stationary sources. Facilities with air emissions of criteria pollutants in excess of threshold limits, set forth in Regulation 2-2-301, must comply with the new source review and Best Available Control Technology (BACT) requirements of the BAAQMD and the California Air Resources Board. BACT for incinerators would include installation of scrubbers or electro-statis precipitators to reduce emissions. Supporting Rationale: Non-attainment areas are those areas in which one or more of the critical air pollutants (criteria pollutants) exceed the National Ambient Air Standards required by the Federal Clean Air Act. As a non-attainment area for the criteria pollutants of ozone and carbon monoxide, Contra Costa 8. County is subject to the BAAQMD's 1982 Bay Area Quality Plan. Therefore, all 'proposed projects in the County that may poten- tially emit non-attainment criteria pollutants, in this case ozone and carbon monoxide, must be found consistent with this Plan. Hazardous waste management facilities would be required to meet the BAAQMD's conditions in its Authority to Construct and Operate Permit. To satisfy these conditions, BACT could be required to be used on facilities. IMPACT: Degradation of air quality due to tokic (non-criteria) pollutant emissions from facilities. Finding: The following mitigation measures have been required in, or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt these measures. These mitigation measures reduce this impact to a less than significant level. 1. The following mitigation measures are within the responsibility and jurisdiction of another public agency: a. Mitigation Measure: The Plan states that health risk screenings shall be completed for all proposed facilities. Health risk assessments will be prepared if determined necessary by the health risk screening. These studies would be required by the BAAQMD for an application of Authority to Contract and Permit to Operate entitlement in order to reduce impacts of toxic pollu- tants to less than significant levels. Supporting Rationale: The BAAQMD air toxics screening analysis must include estimates for emissions for each toxic air contami- nant, the calculation of the exposure of nearby receptors to ambient levels of these contaminants, and a comparison of these ambient levels with safety thresholds determined by BAAQMD staff. To meet permit requirements, the BAAQMD might require Best Available Control Technology for facilities, e.g. installation of scrubbers or electro-static precipitators on incinerators. b. Mitigation Measure: Hazardous waste incineration facilities shall meet federal and state requirements for air emissions. Supporting Rationale: See I.2.d. 9. IV. NOISE IMPACT: The operation and traffic-related activity of a facility could create noise levels which impact sensitive receptors in the area. Finding: The following mitigation measure has been required in or incorporated into the Plan, and/or is within the jurisdiction of other public agencies which can and should adopt this measure. This measure reduces this impact to a less than significant level. a. Mitigation Measures: The Plan's siting criteria include a requirement that facilities other than residuals repositories be sited only in industrial (heavy and light) areas. The siting criteria for residuals repositories include the Health and Safety Code requirement (Section 25202.5(b)(d) ) of a 2,000-foot buffer zone between residential areas and the facility. Additionally, the Plan's criteria prohibits access to all facilities through residential areas. These policies would serve to prevent significant adverse impacts to ambient noise levels in residen- tial areas and to sensitive receptors. Supporting Rationale: The siting of treatment facilities in heavy industrial areas would assure compatibility with other land use noise environments. Separation of these facilities from residential areas will serve as a buffer zone for noise dissipa- tion. The 2,000-foot buffer zone required for residuals reposi- tories will serve this same purpose. Moreover, restricting facility-generated traffic from traveling through residential areas further reduces the potential noise impacts to sensitive receptors. Additional noise mitigation measures may be identi- fied during environmental review of specific projects and incorporated as conditions of local land use permits. Monitoring Program: The CDD shall be responsible for implement- ing these siting criteria as project-specific proposals located within the unincorporated areas of the County are reviewed. The CDD shall obtain from the project sponsor reports on the compliance of the facility to an approved noise monitoring and abatement program, if required, and include this information in the annual compliance report to the Board. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. IMPACT: The construction of a facility could create noise levels which impact sensitive receptors in the area. 10. Finding: The following mitigation measure has been required in, or incorporated into the Plan, and/or is within the responsibility and jurisdiction of another public agency which can and should adopt this measure. This measure reduces this impact to a less than significant level. a. Mitigation Measure: The applicant/developer should be required to use noise suppression devices and practices during construction of any new or significantly expanded facility. Supporting Rationale: Noise suppression techniques such as mufflers on vehicles and limited haurs of construction activity minimize disruption to sensitive land uses near the site. Envi- ronmental review of specific project proposals may identify more specific and/or additional mitigation measures which would further reduce this impact. Monitoring Program: The CDD shall be responsible for implement- ing this requirement as a condition of approval for a project which is located within an unincorporated area of the County. The CDD shall obtain from the project sponsor reports on the compliance of a facility to an approved noise monitoring and abatement program, if required, and include this information in its annual monitoring report to the Board. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. V. WATER RESOURCES IMPACT: Spills or leaks from facilities could contaminate surface and groundwater. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. 1. The following mitigation measures have been required in or incorporated into the Plan: a. Mitigation Measure: No facility shall be located within the watersheds of existing or proposed drinking water reservoirs. Supporting Rationale: The Plan' s siting criteria for facilities includes this prohibition in order to prevent and/or reduce the potential infiltration of released hazardous substances to drinking water supplies by physically separating facilities from sources of potable water. 11. Monitoring Program: The CDD shall be responsible for implementing this siting criterion as project-specific proposals located within unincorporated areas of the County are reviewed. The CDD shall submit an annual monitoring report to the Board on the status of this requirement as it applies to proposed and newly-sited facilities located within the unincorporated areas of the County. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: All facilities near bodies of water must have engineered structural design features for preventing migration of waste. Supporting Rationale: Design features such as spill containment berms and flooring, and .monitoring devices. will be required for facilities close to surface water bodies. Monitoring Program: The CBD shall be responsible for implementing this siting criterion as project-specific proposals located within unincorporated areas of the County are reviewed. The CDD shall submit to the Board an annual monitoring report on the status of this requirement as it applies to projects located within the unincorporated areas of the County. The annual report to the Board will include any information provided by cities within the County regarding projects located within their jurisdiction. C. Mitigation Measure: All treatment-type facilities must have properly engineered spill containment features, inspection measures and other environmental protection controls. Supporting Rationale: Incorporating certain design features into specific treatment-type facility projects will ensure that migration of hazardous substances to groundwater does not occur. The particular features would be dependent on results of detailed studies of the hydrology, water quality and groundwater characteristics of the project site. Containment structures must be capable of withstanding geologic or soil failures which may arise. Monitoring Program: The CDD shall be responsible for implementing this siting criterion as project-specific proposals located within unincorporated areas of the County are reviewed. The CDD shall submit to the Board an annual monitoring report on 12. _ the status of this requirement as it applies to projects located within the unincorporated areas of the County. The CDD shall obtain from the DHS and CRWQCB reports on the compliance of a facility to this requirement and include this information in monitoring report(s) to the Board during the construction of the facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. d. Mitigation Measure: Residual repositories shall be prohibited• within known or suspected major aquifer recharge areas. Supporting Rationale: Separation of these types of hazardous waste facilities from principal recharge areas will reduce the potential for contamination of groundwater due to spills or leaks of hazardous substances. Monitoring Programs: The CDD shall be responsible for implementing these siting criteria as project-specific proposals located within unincorporated areas of the County are reviewed. The CDD shall submit an annual report to the Board on the status of this criterion as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. 2. The following mitigation measure is within the jurisdiction and responsibility of another public agency: a. Mitigation Measure: Residual repositories must meet the depth to groundwater and permeable strata and soil requirements of the State Water Resources Control Board (SWRCB) . Supporting Rationale: The waste facility regulations of the SWRCB address siting, construction and operational criteria concerning depth to groundwater, and permeable strata and soils. These regulations, found in Subchapter 15 of Title 23 of the California Code of Regulations (Subchapter 15) , require natural clay soils of very low permeability or engineered solutions, e.g. a synthetic liner, to give equivalent protection. In addition, a five-foot clearance zone between wastes and the highest anticipated elevation of underlying groundwater shall be required for siting and operation of repositories. Monitoring Program: The CDD shall include in the annual report to the Board information which may be provided by DHS and CRWQCB on the compliance of a facility to depth to groundwater and permeable soils requirements. 13. . r IMPACT: Leaks from underground storage tanks at facilities could contaminate groundwater. Finding: The following mitigation measure has been required in or incorporated into the Plan, and/or is within the jurisdiction of another public agency which has or can and should adopt this measure. This mitigation measure reduces this impact to a less than significant level. a. Mitigation Measure: All facilities must comply with State and local legislation requiringthe registration, permitting and upgrading of all existing and new underground tanks containing hazardous materials. A double-walled vessel and an underground monitoring system are among the requirements for these tanks. Supporting Rationale: The regulations which specify containment and monitoring requirements help prevent leakage of wastes from the tanks and serve as an early warning system if materials do escape. Monitoring Program: The HSD administers the County Underground Tank Program and is responsible for the permitting, implementa- tion of State-mandated regulations for installation, and inspec- ting of underground tanks. The CDD shall obtain from the HSD reports on the compliance of a facility to the underground tank regulations and include this information in its annual monitoring report to the Board. 114PACT: Flooding of hazardous waste management facilities. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. a. Mitigation Measure: Residuals repositories shall be prohibited from locating in 100-year flood areas. Supporting Rationale: The Plan's siting criteria for repository- type facilities include this prohibition in order to prevent and/or reduce the potential contact of hazardous substances with surface and groundwater. Map A of Section IV, Chapter 8 of the Plan shows the areas in the County subject to the 100-year flood event. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion as project-specific proposals within the unincorporated areas of the County are reviewed. The CDD shall submit an annual monitoring report to the Board on the status of this requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. 14. r b. Mitigation Measure: Treatment-type facilities located in 100- year flood areas must have engineered design features to prevent contact of wastes with surface and groundwater. Supporting Rationale: Design features such as berms, drainage systems, ponds and elevation above flood levels will be required in order to prevent floods from impacting the wastes on site. As specific facilities are proposed, the issue of flooding will need to be addressed in greater detail in environmental review of these proposals. Monitoring Program: The CDD shall be responsible for assuring that adequate design features are included in hazardous waste treatment facility projects which are' proposed for the unincorporated areas of the County. The CDD shall obtain from the DHS and CRWQCB reports on the compliance of a facility to this requirement, and include this information in reports to the Board during construction of the facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. IMPACT: Wastewater discharge from a facility could adversely impact sewage treatment facilities or surface water quality. Finding: The following mitigation measures are within the responsibility and jurisdiction of another public agency. 1. The following mitigation measures are within the responsibility and jurisdiction of another public agency which has or can and should adopt these measures. a. Mitigation Measure: Wastewater treatment agencies would require pre-treatment of hazardous waste management facility wastewater. Supporting Rationale: Some hazardous waste management facilities would need to be provided with wastewater treatment services. These facilities might discharge effluent that could interfere with a wastewater treatment plant's ability to adequately treat sewage. In order to prevent this possibility, the treatment plan would require a facility to pre-treat its effluent before discharging it to the sewer system. b. Mitigation Measure: In order to reduce the impact to surface waters to a less than significant level, the California State Regional Water Quality Control Board (CSRWQCB) would require a National Pollutant Discharge Elimination System (NPDES) permit for direct discharge of effluent to the Bay/Delta system by a facility. 15. Supporting Rationale: A treatment facility must obtain a NPDES permit from the applicable RWQCB in order to discharge effluent to surface waters in the State. To obtain this permit, the proposed facility must meet water quality criteria set by the State Water Resources Control Board (SWRCB) . This discharge permit would require pretreatment of a facility's wastewater if necessary to meet the SWRCB regulations. VI. GEOLOGY, SOILS AND SEISMICITY IMPACT: Slope instability, differential settlement and unstable construction conditions could cause damage to facilities. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and . should adopt such measures. These mitigation measures reduce this impact to a less than significant level, a. Mitigation Measure: Facilities .may not be located within 200 feet of faults designated active, recently active or important in the County Seismic Safety Element. Supporting Rationale: Earthquakes affecting the Bay Area either directly or indirectly can produce groundshaking, ground dis- placement, ground failure (including slope failure) , liquefac- tion, tsunamis and seiches. Siting facilities greater than 200 feet from the trace of any active fault will help reduce the potential impacts of slope failure and differential ground settlement to facilities. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion as project-specific proposals located within unincorporated areas are reviewed. The CDD shall include, in their annual monitoring report to the Board, an update of this requirement as it applies to proposed and newly-sited facilities. This report will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: Facilities located within areas with un- stable soil shall have engineered design features to assure structural stability. This category includes steep slopes and areas subject to liquefaction and subsidence due to residual causes. 16. Supporting Rationale: Due to the variable density and strength of unconsolidated sediments underlying the County's lowland areas, there is a potential for differential settlement in these areas. Differences in density and strength of earth materials also occur in upland areas adjacent to unconsolidated alluvium and colluvial deposits. For these reasons, facility sites will be engineered to provide stability under design criteria, using such procedures as conservative grading practices and excavation and replacement of unstable soils from potential slide areas. Monitoring Program: The CDD shall be responsible for implement- ing this design requirement as project-specific proposals located within unincorporated areas of the County are reviewed. The CDD shall obtain from the DHS and CRWQCB reports on the compliance of a facility to this requirement, and include this information in reports to the Board during construction of the facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. C. Mitigation Measure: Facility foundations and foundation soils. should be engineered to provide an unyielding foundation to mitigate the impact of differential settlement. Supporting Rationale: Due to the variable density and strength of earth materials in many parts of the County, there is a potential for differential ground settlement, especially under additional weight bearing stress. Thus, it is important that foundation soils be engineered to assure a consistency of strength. Monitoring Programs: The CDD shall be responsible for ensuring that adequate engineering design for foundations be included in project-specific proposals which are located in unincorporated areas of the County. The CDD shall obtain from the DHS and the CRWQCB reports on the compliance of a facility to these design criteria, and include this information in reports to the Board during the construction of a facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. d. Mitigation Measure: Construction excavations shall use standard temporary structural support systems required by OSHA and con- servative earth-work construction standards. Supporting Rationale: Walls of open excavations are subject to washout or collapse, not only from rainwater, but also from groundwater being pumped out of the excavation if the water table were interceded by the digging. By meeting OSHA structural support requirements during construction and utilizing conserva- 17. tive grading practices, e.g. use of temporary berms and retaining walls, the impact of unstable construction conditions to facili- ties would be reduced to less than significant levels. Subse- quent environmental review of specific projects may identify additional/more detailed mitigation measures. Monitoring Program: The CDD shall be responsible for implement- ing these construction requirements as project-specific pro- posals which are located within unincorporated areas of the County are reviewed. The CDD shall obtain from the DHS and the CRWQCB reports on the compliance of a facility to these requirements, and include this information in reports to the Board during the construction of a facility. IMPACT: The construction of facilities could interfere with or prevent future extraction of mineral resources in the County. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. a. Mitigation Measure: Hazardous waste facilities should not be sited so as to preclude extraction of minerals necessary to sustain the economy of the State of California. Supporting Rationale: The Plan identifies six significant mineral resource areas within the County. Included in these areas is the only deposit of domegine sandstone, used in the manufacture of heat-resistant glass by the National Space Program, in the State. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion as project-specific proposals located within the unincorporated areas of the County are reviewed. The CDD shall submit an annual monitoring report to the Board on the statusof this requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. IMPACT: Soil permeability, expansive. soils, corrosive soils, and erosion could cause damage to facilities and/or contamination to soils, surface and ground water. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. 18. a. Mitigation Measure Residuals repositories must conform to the requirements of Subchapter 15, which include permeable strata and soils provisions to prevent soil and water contamination by migration of hazardous substances. Supporting Rationale: A review of the soil types in the County did not identify areas large enough for residuals repositories that meet the permeability requirements of Subchapter 15. How- ever, site specific geotechnical investigations would need to be done during environmental review of specific proposals to confirm this condition. If the natural soil does not meet the State permeability requirements, engineered solutions, e.g. soil compaction and/or synthetic liners, would need to be used to provide a suitable liner under the repository. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion as project-specific proposals located within unincorporated areas of the County are reviewed. The CDD shall obtain from the DHS and the CRWQCB reports on the compliance of a facility to these requirements, and include this information in its annual monitoring report to the Board during the construction of a facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: Appropriate foundations and/or compacted non-expansive fills should be used to prevent structural defor- mation to facilities. Supporting Rationale: All nine soil classifications in the County identified by the Soil Conservation Service have soils with highly expansive properties. Engineered solutions to ensure that a facility's foundation/structural integrity is not compro- mised, such as using pier and grade beam foundations or replacing expansive soils with a compacted fill, are necessary. The particular solutions will be contingent on the geotechnical studies of site-specific proposals. Monitoring Program: The CDD shall be responsible for ensuring that adequate engineering design for a facility' s structural integrity be included in project-specific proposals which are located within the unincorporated areas of the County. The CDD shall obtain from the DHS and the CRWQCB reports on the compli- ance of a facility to these design criteria, and include this information in reports to the Board during the construction of a facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. 19. c. Mitigation Measure: Corrosion-resistant construction materials should be used to prevent facility structural failure due to cumulative corrosive weakening. Supporting Rationale: All nine soil classifications in the County identified by the Soil Conservation Service have soils with corrosive to highly corrosive properties. Facilities constructed from concrete and/or steel could be subject to cor- rosion and eventual structural failure. Engineered solutions, such as the removal of naturally-occurring soil and replacement with fill and treatment of building materials, might be necessary to mitigate this effect. Monitoring Program: The CDD shall be responsible for ensuring that adequate engineering design for a facility's structural integrity be included in project-specific proposals which are located within the unincorporated areas of the County. The CDD shall obtain from the DHS and the CRWQCB reports on the compli- ance of a facility to this design criterion, and include this information in reports to the Board during the construction of a facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. d. Mitigation Measure: Standard erosion control devices and vege- tation should be used to prevent dislodged soil due to construc- tion activities from causing increased sedimentation to local drainage systems. Supporting Rationale: Project applicants shall submit an erosion control plan as part of the Development and Improvement Plan for their site. The specific mitigation measures would be identified during environmental review of those projects and might include the use of sediment ponds, conservative grading techniques, and a planting and landscaping (including on-going seeding) program to hold soil. Monitoring Program: The CDD shall be responsible for ensuring that an erosion control program is included as a condition of approval for all facility projects which are located within the unincorporated areas of the County. The CDD shall submit com- pliance reports to the Board on this requirement during the construction phase of projects. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. IMPACT: Facilities sited in Prime Agricultural Lands would reduce the amount of these lands in the State of California. 20. Finding: The following mitigation measure has been required in or incorporated into the Plan, and/or is within the jurisdiction of another public agency which has or can and should adopt this measure. This mitigation measure reduces this impact to a less than significant level. a. Mitigation Measure: Prime Agricultural Lands may not, under California law, be used for urban purposes (including hazardous waste facilities), unless an overriding public need is served. Supporting Rationale: Contra. Costa County has over 120,000 acres of land under the four "Important Farmland" categories as clas- sified according to definitions developed by the State Land Use Task Force of the U.S. Department of Agriculture. The "Prime Farmland" category encompasses 41,300 acres of the County. These are lands that have the soil quality, growing season and water management needed to produce high yields. This siting criteria will mitigate impacts to Prime Agricultural Lands to less than significant levels. Monitoring Program: The CDD shall be responsible for implement- ing this siting criteria as project-specific proposals which are located within the unincorporated areas of the County are reviewed. The CDD shall submit an annual monitoring report to the Board on the status of this requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. IMPACT: Seismic-related impacts from groundshaking, liquefaction, lurching, lateral spreading, seismic-induced landsliding and tsunamis could cause damage to facilities. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. a. Mitigation Measure: Facilities may not be located within 200 feet of faults designated active, recently active or important in the County Seismic Safety Element. Supporting Rationale: Earthquakes affecting the Bay Area either. directly or indirectly can produce groundshaking, ground dis- placement, ground rupture (including slope failure) liquefaction, tsunamis and seiches. Siting facilities greater than 200 feet from the trace of any active fault will help reduce the potential seismic impacts and corresponding damage to facilities. 21. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion as project-specific proposals which are located within unincorporated areas of the County are reviewed. The CDD shall report annually to the Board on the status of this requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: Buildings and structures shall meet or exceed the current design standards for ground acceleration generated by the maximum credible earthquake. Supporting Rationale: A geotechnical investigation, including a seismic stability analysis, for each project-specific proposal will identify the maximum credible earthquake for that site. The proposed final engineering design for a facility shall be re- viewed for resistance to the design earthquake standards. The final seismic design of all features and buildings of a hazardous waste facility will be required as a condition of approval by the County. . Monitoring Program: The CDD shall be responsible for implement- ing this measure through conditions of approval for all projects which are located within unincorporated areas of the County. The CDD shall obtain from the DHS and the CRWQCB reports on the compliance of a facility to earthquake design standards, and include this information in reports to the Board during the construction of a facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. C. Mitigation Measure: Building foundations and foundation soils would be engineered to mitigate secondary seismic effects of ground failure. Supporting Rationale: Secondary seismic effects of ground fail- ure, e.g. liquefaction and landsliding, are exacerbated by the soil and earth material conditions present in the County. The lowland areas, where most of the proposed areas for siting hazardous waste facilities are located, are especially subject to differential settlement due to the variable density and strength of the underlying unconsolidated sediment. Differences in density and strength of earth materials also occur in the Coun- ty' s upland areas adjacent to unconsolidated alluvium and colluvial deposits. For these reasons, facilities would need to be engineered to withstand earthquake-induced ground failure through the use of techniques such as excavation of unstable earth materials and replacement with a compacted fill. Subse- quent environmental review of proposed projects would be needed to identify more specific engineered mitigation measures. 22. Monitoring Program: The CDD shall be responsible for ensuring that adequate engineering design for a facility' s structural integrity be included in project-specific proposals which are located within unincorporated areas of the County. The CDD shall obtain from the DHS and the CRWQCB reports on the compliance of a facility to this design criterion, and include this information in reports to the Board during the construction of a facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. d. Mitigation Measure: Sea walls should be constructed if a facil- ity is sited along the western coastal portion of the County to prevent tsunami inundation. Supporting Rationale: Tsunamis (seismic sea waves) could inun- date structures that are located along coastal areas. With the exception of the western coastal area of Contra Costa County, tsunamis are not expected to cause significant structural damage by inundation. Monitoring Program: The CDD shall be responsible for ensuring that a properly designed sea wall, if appropriate, be included in specific projects proposed to be located in unincorporated areas which are subject to tsunami inundation. The CDD shall obtain from the DHS and the CRWCB reports on the compliance of a facility to this design criterion, and include this information in reports to the Board during the construction of a facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within the jurisdiction. VII. VEGETATION AND WILDLIFE IMPACT: Facility construction and operation could result in disturbance or removal of vegetation, fish and wildlife. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. a. Mitigation Measure: Treatment-type hazardous waste facilities shall only be sited in areas designated for industrial (heavy and light) planned use in the General Plan of the agency with local land use jurisdiction. If a treatment facility is proposed in a non-industrial area, a General Plan Amendment will be necessary to re-designate the property as industrial or a special designa- tion for hazardous waste facilities in order to be consistent with the Hazardous Waste Management Plan. 23. Supporting Rationale: Treatment facilities are basically indus- trial facilities; therefore, it is appropriate to site them in industrial areas. These areas are for the most part removed from areas of high vegetation, fish and wildlife habitat value. By limiting these facilities to existing industrial areas, the potential adverse effects to these areas is reduced. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion as project-specific proposals which are located within unincorporated areas are reviewed. This department shall submit an annual manitoring report to the Board of Supervisors on the status of this requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: Facilities shall not be located in wetlands or critical habitat areas. Supporting Rationale: Wetlands support, under normal circum- stances, a prevalence of vegetative and/or aquatic life which requires saturated soil conditions for growth and reproduction. Critical habitat areas are areas necessary for the viability of rare, threatened, or endangered species, the development of which would result in an immediate, direct and unmitigated decrease in the number or viability of these species. Both wetlands and critical habitat areas are defined in the adopted general, regional and State plans. Prohibiting the siting of facilities in these areas will help assure that these environmentally sensitive areas are protected. Monitoring Program: The CDD shall be responsible for implement- ing these siting criteria as project-specific proposals which are located within unincorporated areas are reviewed. The department shall submit to the Board an annual monitoring report on the status of this requirement as it applies to proposed and newly-sited projects. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. C. Mitigation Measure: Facilities located near bodies of water must have engineered structural design features to ensure that migra- tion of waste will not occur. 24. Supporting Rationale: Many industrial areas in the County are near bodies of water, especially along the Sacramento-San Joaquin Rivers and the San Francisco Bay. Potential contamination of these waterways is of major concern. In order to prevent this from occurring, additional steps must be taken. Engineered design features such as spill containment and monitoring devices will be incorporated into project development plans. The particular features needed to mitigate this potential impact would be identified in subsequent environmental reviews for specific facility projects. Monitoring Program: The CDD shall be responsible for ensuring that appropriate design features are included in all facility projects which are proposed to be located in the unincorporated areas of the County. The CDD shall obtain from the DHS and the CRWQCB reports on the compliance of a facility to this design criterion, and include this information in reports to the Board during the construction of a facility. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. d.. Mitigation Measure: Any loss of wetland or riparian fish and wildlife habitat value would require the development of compen- satory habitat value. Supporting Rationale: In order to compensate for loss of sensi- tive biotic habitat, site-specific mitigation plans would be required by the project applicant as a condition of approval for a facility. For every acre of habitat to be lost with a project siting, no less than an equivalent acre should be created in non-wetland habitat, which must ensure "no net loss" of fish and wildlife habitat value. Monitoring Program: The CDD shall be responsible for implement- ing the appropriate site-specific compensatory mitigation plan as part of a proposal's conditions of approval for projects located within unincorporated areas of the County. The same department shall submit an annual monitoring report to the Board of Super- visors on the compliance of proposed and sited projects to this mitigation measure. e. Mitigation Measure: The siting and design of facilities should avoid riparian corridors and sensitive upland wildlife habitats. If facilities are located in areas that could impact upland wildlife, then siting and design should minimize the loss to this habitat value. 25. r � Supporting Rationale: Because upland habitats, e.g. , grasslands, in many cases are less sensitive to development than wetland and riparian habitats, this doesnot imply that environmental impacts in these areas would be insignificant. Construction and opera- tional activities can significantly impact plants and wildlife at some distance from a proposed site. For this reason, care should be taken in the selection of any upland or riparian site to ensure that no rare or endangered species occur on or within the site's potential sphere of influence. Additional measures to minimize the loss of habitat value might include surveying the wildlife in the area, minimizing the number of trees and other vegetation removed during construction, and replanting the vege- tation removed with a comparable number and quality of species. Monitoring Program: The CDD shall be responsible for implement- ing this siting criteria and/or ensuring that an appropriate biotic mitigation plan be included in project-specific proposals which are located within unincorporated areas of the County. This department shall submit an annual monitoring report to the Board on the compliance of proposed and sited projects to this criteria and/or biotic mitigation plan. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. f. Mitigation Measure: Site-specific mitigation plans should be developed for facilities sited near wetlands in order to minimize impacts to these areas. Supporting Rationale: In addition to the siting criteria pro- hibiting facilities from locating in wetlands (see VII-1-b above) , a mitigation plan might be needed to reduce the potential impact of facilities to nearby wetlands. This plan would be developed by the County in conjunction with the other agencies involved in the designation, protection and/or management of wetland areas. They include the U.S. Army Corps of Engineers, the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Bay Conservation and Development Commission. The mitigation plan should be compatible with the policies and permit requirements of these agencies. Monitoring Program: The CDD shall be responsible for developing mitigation plans for proposed facilities located within unincorporated areas in order to minimize impacts to wetlands. This department shall submit an annual monitoring report to the Board of Supervisors on the compliance of proposed and sited projects to a wetland mitigation plan. The annual report to the Board will also include any information provided by cities within ' the County regarding projects located within their jurisdiction. 26. VIII. TRANSPORTATION IMPACT: Transport of hazardous substances . in connection with hazardous waste facilities could result in adverse impacts due to accidents and spills. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. 1. The following mitigation measures have been required in, or incorporated into, the Plan: a. Mitigation Measure: The preference in the Plan t'or on-site recycling, treatment and disposal of hazardous waste will reduce the risks associated with the transport of this waste. Supporting Rationale: Several of the Plan's policies on hazard- ous waste management address the issue of reducing the amount and toxicity and encouraging the on-site treatment, recycling and disposal of hazardous waste in the County. These policies would, upon approval of the Plan, be implemented via hazardous waste management programs and siting criteria for treatment and dis- posal facilities. The implementation of these policies will result in a reduced quantity of waste requiring transport to off-site locations and, thereby, a reduced risk from vehicular accidents and spills. Monitoring Program: The CDD shall be responsible for implement- ing the policies and siting criteria as they pertain to the on-site recycling, treatment, and disposal hierarchy of the Plan when permitting facilities which are located within the unincorporated areas of the County. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: Treatment-type facilities shall only be sited in areas designated for industrial (heavy and light) planned use in the General Plan of the agency with local land use jurisdiction. Supporting Rationale: Locating treatment facilities in indus- trial areas would minimize the potential risk of spills and accidents due to transport of hazardous substances. These substances, generated mostly in industrial areas, would need to be transported short distances to be treated, thereby reducing the number of vehicular miles and amount of time traveled. in addition, transport of these materials to/from and within in- dustrial areas would minimize the risk of accidental spills impacting residential areas. 27. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion when reviewing project-specific proposals located within unincorporated areas of the County. This department shall submit an annual monitoring report to the Board .on the status of this requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. C. Mitigation Measure: Access to hazardous waste facilities shall be prohibited through residential areas. Supporting Rationale: This criterion will help protect residen- tial areas from potential adverse impacts from spills and accidents resulting from the transport of hazardous substances. Access to facilities in areas where the road passes adjacent to residential developments will be allowed if there are adequate physical barriers and/or residential setbacks as safeguards. Monitoring Program: The CDD shall be responsible for implement- ing this siting criterion by making it a permit condition of project-specific proposals which are located within unincorporated areas of the County. This department will submit an annual monitoring report to the Board of Supervisors on the status of this requirement as it applies to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. d. Mitigation Measure: Road networks leading to major transporta- tion routes should be demonstrated to be safe for the vehicular traffic resulting from a hazardous waste facility. Supporting Rationale: Site specific transportation analyses would be required in order to determine whether and how the potential impacts to localized traffic safety and capacity could be reduced to less than significant levels. These analyses would include road design and construction (including Pavement Traffic Index) , accident rate, excessive traffic, etc. , studies of the existing and expected future (project added) situations to make this determination. Monitoring Program: The CDD shall be responsible for ensuring that the necessary traffic analyses be conducted and appropriate mitigation measures be made a condition of approval for all project-specific proposals which are located within the unincorporated areas of the County. This department shall submit an annual monitoring report to the Board on the compliance by sited projects to these conditions. The annual. report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. 28. e. Mitigation Measure: The Contra Costa County Hazardous Materials Area Plan provides methods and procedures enabling coordinated, timely response to transportation incidents involving hazardous substances. Supporting Rationale: The County Hazardous Materials Area Plan implements the emergency response plan requirement of State law AB 2185%2187. This County plan, in part, details procedures for responding to County-wide hazardous substance spills and acci- dents resulting from transport of these substances. Occupational Health/Hazardous Materials Specialists from the Health Services Department are responsible for responding to these spills. Monitoring Program: The County Health Services Department is responsible for responding to hazardous materials spill incidents County-wide. The Health Services Department reports weekly to the Board on the number and type of spills in the County. 2. The following mitigation measure is within the responsibility and jurisdiction of another public agency: a. Mitigation Measure: The Plan calls for greater inspection of hazardous materials hauler vehicles and enforcement of vehicle handling, operating and routing laws in order to attain the safest possible level of hazardous materials transport. Supporting Rationale: The California Highway Patrol (CHP) runs the State Hazardous Materials Enforcement Development Program and the Motor Carrier Safety Assistance Program. The CHP is respon- sible for enforcing hazardous waste transportation laws address- ing routing constraints, and vehicle handling and operation. These laws in part include the following: hazardous waste vehi- cles shall use the most direct route, utilizing State or Inter- state highways when possible; exceptions to the direct route requirement shall be made in order to avoid congested thorough- fares, places where crowds assemble, and residential districts; only highways of sufficient width and load bearing capacity for the vehicle shall be used; and vehicles shall not be left unat- tended or parked overnight in a residential district. Local law agencies aid in the enforcement of vehicle handling/operation laws. IMPACT: Existing transportation routes for residual repositories may be inadequate for the number and types of vehicles that would be accessing these facilities. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. 29. a. Mitigation Measure: Road systems leading to residual reposito- ries should be demonstrated to be adequate for accommodating the vehicular traffic generated by the facility. Supporting Rationale: Project-specific transportation analyses would be conducted for every proposed residual repository. These studies would evaluate the roadways for such things as safety, design, pavement structure, and accident rates. Using the anal- yses as a basis, appropriate improvements to the roadways would be made a condition of approval for the project. Monitoring Program: The CDD shall be responsible for ensuring that the necessary traffic studies be conducted and appropriate mitigation measures be included in projects proposed to be located within the unincorporated areas of the County. This department shall submit an annual monitoring report to the Board of Supervisors on the compliance of newly-sited facilities to the mitigation measure. IX. VISUAL QUALITY 114PACT: Tall incinerator air emission stacks could create a significant visual impact. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can or should adopt such measures. These mitigation measures reduce this impact to a less than significant level. a. Mitigation Measure: Treatment facilities shall be sited only in industrial (heavy or light) planned areas, and shall not be allowed in recreational, cultural and aesthetic areas. Supporting Rationale: Locating incineration facilities in industrial areas ensures the compatibility of these types of land uses, thereby separating them from aesthetically sensitive uses. This siting criterion recognizes that industrial areas are strictly utilitarian and will be viewed by a limited number of people with low visual expectations of the area. Recreational, cultural and aesthetic areas are those that are so designated in City and County general plans. Maps C and E1-E4 in Chapter 8 of the Plan show these areas that could be mapped at the scale used in the text. Smaller areas could not be mapped, and this crite- rion should be applied on a project-specific basis. 30. Monitoring Program: The CDD shall be responsible for implement- ing these criteria as project-specific proposals which are located within the unincorporated area of the County are reviewed. This department shall submit an annual monitoring report to the Board of Supervisors on the status of these re- quirements as they apply to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. IMPACT: The siting of hazardous waste treatment-type facilities and residual repositories could create adverse visual impacts. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. a. Mitigation Measure: Treatment facilities shall be sited only in industrial (heavy and light) planned areas and shall not be allowed in recreational, cultural and aesthetic areas. Supporting Rationale: Locating incineration facilities in industrial areas ensures the compatibility of these types of land uses, thereby separating them from aesthetically sensitive uses. This siting criterion recognizes that industrial areas are strictly utilitarian and will be viewed by a limited number of people with low visual expectations of the area. Recreational, cultural and aesthetic areas are those that are so designated in City and County general plans. Maps C and El-E4 in Chapter 8 of the Plan show these areas that could be mapped at the scale used in the text. Smaller areas could not be mapped, and this crite- rion should be applied on a project-specific basis. Monitoring Program: The CDD shall be responsible for implement- ing these criteria as project-specific proposals located within unincorporated areas of the County are reviewed. This department shall submit an annual monitoring report to the Board of Supervisors on the status of these requirements as they apply to proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: A buffer zone of 2,000 feet shall be required for residential repositories based on Section 25202.5(b) (d) of the State Health and Safety Code. For treatment facilities, health risk screenings/assessments and EIR's would be used to determine appropriate buffer zones to separate these facilities from sensitive receptors. 31. Supporting Rationale: The 2,000-foot buffer zone for residual repositories is the only buffer zone required by State law. Map B in Chapter 8 of the Plan shows generalized residential areas of the County including this buffer zone. However, as the County and cities change their general plan designation for residential areas, the map will need to be revised. Further, it is the responsibility of the project proponent to prove that a specific facility meets this criterion. The buffer zones for treatment- type facilities, determined by the required environmental re- ports/assessments for a project, would serve as visual separators for these facilities. Buffer zones-in conjunction with landscape screening (reference IX.2.c below) will reduce the visual impact of all hazardous waste facilities to a less than significant level. Monitoring Program: The CDD shall be responsible for implement- ing the 2,000-foot criterion and administering the environmental review process ' as project-specific proposals located within unincorporated areas of the County are reviewed. This department shall submit an annual monitoring report to the Board of Supervisors on the status of these requirements as they apply to. proposed and newly-sited facilities. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. C. Mitigation Measure: The use of landscaping and other site design measures to screen facilities from off-site areas will minimize visual impacts resulting from these facilities. Supporting Rationale: A visual study/assessment would be included in specific project proposals and/or their environmental review. The particular design features to be incorporated into a project is contingent on these studies. However, the following general design criteria should be considered: adding landscape plantings .and berms; building low profile structures; routing truck traffic to the least visible side of the facility; and siting tall elements of treatment facilities so as to not obstruct distant views enjoyed by the community. Monitoring Program: The CDD shall be responsible. for incorpo- rating appropriate visual mitigation measures as conditions of approval for a projects located within unincorporated areas of the County. This department will ensure that these measures are implemented through site inspection and report the results to the Board of Supervisors annually. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. 32. X. PUBLIC SERVICES AND UTILITIES IMPACT: Hazardous waste emergencies could significantly impact police and fire departments or other units created to respond to these emergencies. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. a. Mitigation Measure: The Plan states that emergency services shall be available 24 hours a day for the life of the facility, and this should be a condition of land use approval. Supporting Rationale: In order for a land use permit to be issued for a proposed facility, the permitting agency would require that adequate emergency services be available to serve that facility. "Adequate emergency services" would be defined by the emergency responder's own performance standards. Monitoring Program: The CDD shall be responsible for implement- ing this requirement as project-specific proposals which are located within the unincorporated areas of the County are reviewed. The CDD shall obtain from the HSD, reports on the adequacy of emergency services for proposed and sited facilities, and include this information in its annual monitoring report to the Board. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. b. Mitigation Measure: State law requires all hazardous waste facilities to develop and make available to local governments an emergency response plan, and requires local implementing agencies to have an area-wide emergency response plan. This requirement enables emergency responders to better coordinate and provide emergency service to facilities. Supporting Rationale: All businesses that handle hazardous materials above a threshold quantity are required to submit a plan for emergency response to incidents, and to disclose the location and handling procedures for these materials to local governments. At the county level, this law is implemented through the Contra Costa County Hazardous Materials Area Plan which details emergency response procedures to be followed during an incident. Monitoring Program: The Health Services Department is responsi- ble for implementing the County Hazardous Materials Area Plan and responds to emergency incidents. The Health Services Department reports weekly to the Board on the number and type of incidents in the County. 33. t + IMPACT: Wastewater discharge from treatment facilities could adversely impact sewer and water systems and/or sewage treatment facilities. Finding: The following mitigation measures have been required in or incorporated into the Plan, and/or are within the jurisdiction of another public agency which has or can and should adopt such measures. These mitigation measures reduce this impact to a less than significant level. 1. The following mitigation measure has been required in, or incorporated into, the Plan: a. Mitigation Measure: Sewer services should be available to all hazardous waste treatment facilities. Supporting Rationale: There is adequate wastewater treatment service capacity in the County to serve potential hazardous waste treatment facilities. Since these types of facilities will be located in industrial areas, sewer services are readily avail- able. Monitoring Program: The CDD shall be responsible for ensuring that sewage treatment service is available to all treatment-type facilities located within unincorporated areas, and require sanitary district discharge permits for project approval. The CDD shall report annually to the Board of Supervisors on compliance by treatment-type facilities to the applicable wastewater treatment agency requirements. The annual report to the Board will also include any information provided by cities within the County regarding projects located within their jurisdiction. 2. The following mitigation measures are within the responsibility and jurisdiction of another public agency. a. Mitigation Measure: Wastewater treatment agencies would require pre-treatment of hazardous waste management facility wastewater. Supporting Rationale: Some hazardous waste management facilities would need to be provided with wastewater treatment services. These facilities might discharge effluent that could interfere with a wastewater treatment plant' s ability to adequately treat sewage. In order to prevent this possibility, the treatment plant would require a facility to pre-treat its effluent before discharging it to the sewer system. b. Mitigation Measure: Facilities must comply with discharge limitations set forth in a National Pollutant Discharge Elimina- tion System (NPDES) permit issued by the California State Regional Water Quality Control Board (CSRWQCB) . 34. i a + y Supporting Rationale: A treatment facility must obtain a NPDES permit from the appropriate RWQCB in order to discharge effluent to surface waters in the State. To obtain this permit, the facility must be able to meet criteria set forth by the State Water Resources Control Board (CWRCB) . This discharge permit could require pretreatment of a facility' s wastewater if neces- sary to meet the SWRCB regulations. UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS The California Environmental Quality Act (CEQA) requires the EIR to include a discussion of program or project effects that would be considered significant and unavoidable (CEQA Guidelines, Section 15125(b) ) . The Plan would not result in any unavoidable significant adverse impacts to the environment. Instead, the Plan would result in a greatly improved situation with regard to hazardous waste management in the County, through such practices as source reduction, proper management and disposal of hazardous waste, and environmentally sensitive siting criteria for hazardous waste management facilities. The policies and the implementation measures in the Plan would have beneficial impacts to public health and the environment. Therefore, the Board of Supervisors finds that the implementation of the Plan would result in no unavoidable significant adverse impacts to the environment. RELATIONSHIP BETWEEN SHORT-TERM USES OF THE ENVIRONMENT AND LONG-TERM PRODUCTIVITY Section 15126(e) of CEQA requires the EIR to describe the long-term effects of the proposed project which could adversely affect the environment. Impacts that narrow the range of beneficial uses of the environment or pose long-term risks to public health and safety, as well as the reasons why the proposed project is believed to be justified, should be explained. The implementation of the mitigation measures identified in the Plan' s Subsequent EIR and measures that will be identified in project-specific environmental studies for facilities sited pursuant to the Plan, would result in the long-term effects of the Plan being less than significant, and would not narrow the range of beneficial uses of the environment. Implementation of the Plan would enhance long-term productivity of the environment by promoting the proper management and disposal of hazardous waste. In addition, the Plan would reduce the long-term risks to public health and safety. Therefore, the Board of Supervisors finds that the long-term effects of the Plan would be less than significant and would not narrow the range of beneficial uses of the environment. Further, the Board asserts that the Plan should be implemented as soon as possible in order to begin the program to encourage waste minimization, promote the proper management of hazardous waste treatment, transport and disposal, and allow for the development of environmentally sound facilities in the County. 35. r r SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Irreversible environmental damage, including the use of nonrenewable resources, that would result from implementation of a proposed project must be discussed in an EIR (CEQA Guidelines, Section 15126(f) ) . The primary and secondary impacts of a project generally commit future generations to similar uses. Implementation of the Plan would not require the use of nonrenewable resources. Siting of facilities to treat, store, transfer or dispose of hazardous wastes in the County would not create irreversible environmental damage provided that these facilities comply with the Plan's siting criteria, with the regulations and permit conditions governing their operation, and with the mitigation measures identified in project-specific EIRs. Treatment-type facilities would be sited only in industrial areas, which would prevent the loss of land resources. Residuals repositories, proposed to be located primarily in agricultural areas, would not create a significant loss of land resources because of the limited number and size of this type of facility that would be needed. Therefore, the Board of Supervisors finds that there are no significant irreversible impacts that would result from approval and implementation of the Plan. GROWTH INDUCEMENT An EIR must discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment (CEQA Guidelines, Section 15126(g) ) . This discussion includes whether the project would remove obstacles to population growth, such as expansion of a waste water treatment plant. A possible significant growth-inducing issue is whether new hazardous waste facilities in the County might attract new industries that handle and generate this type of waste. However, a causal relationship between the siting of hazardous waste facilities and subsequent industrial development that could use these facilities has not been established. A casual relationship has historically not occurred within Contra Costa County or within the State as a whole. Additional population growth and/or housing construction is not likely due to the small number of facilities needed under the Plan' s fair share criterion for the acceptance of facilities. Moreover, the types of facilities that could be sited are not labor intensive and, thus, will not induce population growth. In addition, these facilities are not the type that remove obstacles to population growth. Therefore, the Board of Supervisors finds that approval and implementation of the Plan is not growth inducing. 36. y ' f. L'+ CUMULATIVE IMPACTS An EIR must consider impacts that are individually limited but cumulatively considerable (CEQA Guidelines, Section 15130) . This refers to the incremental effects of a project which are considerable when viewed in connection with the effects of past, current and probable future projects. The Program EIR on the Plan is, in effect, an analysis of cumulative impacts because it discusses impacts of all types of facilities that could be sited as a result of the Plan's implementation. As part of this CEQA requirement, the Plan's EIR contains a list of past, present, and reasonably anticipated future projectsin the County (Table 5-1, page 5-4) . There are 14 existing, 4 proposed and 3 closed hazardous waste management facilities on this list. In addition to the EIR's analysis of the County-wide effects of projects allowed by the Plan, as described in these findings (refer to: Significant Impacts Fully Mitigated) , other cumulative impact issues are as follows: 1. `The construction and operation of individual hazardous waste facilities in the County could cause minor temporary alterations of local traffic patterns during the construction, and could cause a slight increase in traffic congestion during the operation. These impacts could be cumulatively considerable in conjunction with existing and forecasted traffic levels on major County highways. Scheduling truck traffic to and from facilities (e.g. during off-peak hours) and implementing a Transportation Systems Management program for employees of these facilities would contribute to a reduction of these impacts to less than significant levels. 2. Cumulative noise impacts could occur as a result of increased traffic generated by new facilities and by the operation of the facilities. In addition to the mitigation measures described in these findings (refer to: Significant Impacts Fully Mitigated: Noise) in this report, the enforcement of requirements that facilities and facility-related traffic comply with County and city general plan noise elements would reduce these impacts to less than significant levels. Due to the above considerations, the Board of Supervisors finds that the cumulative impacts resulting from the Plans' implementation would be less than significant. CONCLUSION The Board of Supervisors of Contra Costa County finds that incorporating mitigation measures and rejecting the proposed alternatives in the Final Subsequent Environmental Impact Report, as stated in these findings, into the project (County Hazardous Waste Management Plan) reduces environmental impacts that would result from this project to less than significant levels. RV:jal jl20:pla.doc (C:pla.doc) 37. TO: BOARD OF SUPERVISORS FRM: J. MICHAEL WAIFORD, PUBILIC WORKS DIRECTOR DATE: August 29, 1989 SUBJECT: ADOMING AND FILING WRITTEN REPORT WITH IM OOUN TY AUDITCiR CIONCERNING SEWM SERVICE Cid FOR CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19. Specific Request(s) or Reccmmendation(s) & Backgrami & Justification I. RECCUMENDED ACTION That the Board of Supervisors of Contra Costa County, as and constituting the Board of Directors of Contra Costa County Sanitation District No. 19: A. Hear and consider all objections or protests, if any, to the written report filed by the Public Works Director, as the Engineer Ex Officio of Sanitation District No. 19, with the Clerk of the Board, as Ex Officio Clerk of the Board of said Sanitation District, said written report containing a description of each parcel of real property receiving sewer and water service from said District and the amount of the charge of each parcel for Fiscal Year 1989-90, computed in conformity with the charges prescribed under District Ordinances; and B. Find that said protests, if any, were not made by the owners of a majority of separate parcels of property described in the report and overrule any such protests; and C. Adopt the report and determine that each charge is as described therein; and D. Direct the Clerk to file a copy of said report with the Contra Costa County Auditor-Controller in accordance with the provisions of Sections 5473-5473.11 of the Health and Safety Code. Continued an attac bment: X yes Signature: Recomnendation of County Administrator Recommendaticn of Board Approve Other: Committee Signature s Action of Board on: AUG 2 9 1989 Approved as Pixxxu nded-X_ Other Vote of Supervisors I HMEBY CERTIFY THAT T[ff,S IS A ZTd1E _X_ Unanimous (Absent _}-M AND CORRECT COPY OF AN ACTIN TAKEN Ayes AND ENTERED ON THE M MUTES OF THE Noes BOARD OF SUPERVISORS ON DATE SUM. Absent Abstain Attested AUG 2 9 1989 PHIL BATaflum C EEK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINIMMM By I&'.PM CLERK II. EINANCIAL IRPACr• The above actions have no impact on County finances. County services to Sanitation District No. 19 are funded entirely by the annual service charge. III. REASONS FOR ON/BAQ�JND: The Board, having elected in ordinance No. 10 to collect said service fees on the tax roll, having set August 29, 1989 at 9:00 a.m. in the Board Chambers as the time and place for this public hearing, the Director of Public Works having prepared and filed the report, the Clerk having caused notice of the filing of said report and of this time and place of hearing thereon to be published pursuant to Section 6066 of the Government Code and Section 5473.1 of the Health and Safety Codes, and the District needs to collect the annual fees. IV. OONSDOUMCFS OF MCA= ACTION: The District would have to collect the annual fees by another means, which may cause a delay in receiving the needed revenue and the cost of collecting these fees may increase. Orig. Div.: Public Works (ES) cc: Public Works Director Public Works Accounting Auditor-Controller w/report County Counsel SD19 CAC (via PW) Garrow- Cardinale_ The Hofmann Company Building Industry Association Warmngton Homes Citation Builders ETS/drg bo:sdl9.t8 T. lb THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 29, 1989, by the following vote: AYES: Suprvisors Fanden, Schroder and Torlakson NOES: None ABSENT: Supervisors Powers and McPeak ABSTAIN: None SUBJECT: Approval of the 1989 CCC Hazardous Waste Management Plan This being the time for hearing on the proposed 1989 Contra Costa County Hazardous Waste Management Plan; and Dave Okita from the Community Development Department explained the need for and the provisions of the proposed Plan. He noted that the Plan has been approved by the majority of the Cities containing the majority of the incorporated population, and it is now before the Board for approval before it is submitted to the State. The Board opened the public hearing on the Plan. Supervisor Torlakson declared the Board' s appreciation to the members of the County Hazardous Materials Commission. Paul DeFalco, Jr. , Chairman of the Commission, declared that the Commission, after many public hearings on the Plan, has approved it and is urging that the Board of Supervisors approve the Plan and submit it to the State for final approval. There being no other speakers, the Chair declared the hearing closed. Supervisor Schroder read a statement into the record indicating that as of June 1989 he has no interest in Waste Management Inc. , that prior to June his insurance company had received annual commissions in excess of $500 from Valley Disposal Service Company, a subsidiary of Waste Management. Supervisor Schroder declared that County Counsel had advised him that under the Political Reform Act, Government Code Section 87101 and Title 2 California Code of Regulations, Section 18701, he can vote on this matter. Supervisor Schroder thereupon filed the above statement with the Clerk of the Board for record purposes. Supervisor Fanden expressed appreciation to the Commission for the time and effort spent to complete the Plan. She stated that she felt this was a good example of how industry, the public and elected officials work together. Supervisor Fanden moved to adopt the Plan, but noted there may be need to amend or update it at a later time because of changes in technology, citing possible changes with. the landfill situation such as using pods for storage of household garbage, particularly with respect to hazardous household materials, before it is transferred to a landfill, as well as the proposed use of a plastic foam as a landfill cover where there is not enough earth available. Supervisor Fanden requested staff to review and prepare a report to the Board as soon as possible on the environmental considerations of the above proposals, and on how to handle the above problems . The Board thereupon adopted Resolution No. 89/587 approving the 1989 Contra Costa County Hazardous Waste Management Plan, and in connection therewith, IT IS BY THE BOARD ORDERED that staff is DIRECTED to report as soon as possible on the concerns outlined by Supervisor Fanden. i hereby certify that this Is a true and correct CM of an action taken and entered on the ndnutes of the Board of Supervise on the dab shown. ATTESTED: it f PHIL BATCHELOR.Clark of the Board of Supervisors and Coungr Adodnlstreta By -.Deport► cc: Community Development County Counsel County Administrator Statement As of June 1989 , I have no interest in Waste Management, Inc. Prior to June, my insurance company received annual commissions in excess of $500 from valley Disposal Service Company, a subsidiary of Waste Management. Though I no longer receive any income from Waste Management, there is a rule prohibiting my participation in decisions which materially affect a former source of income to me for 12 months after my last receipt of income from that source. It is by no means clear that the decision regarding adoption of the Hazardous Waste Management Plan would have a material financial affect on Waste Management, Inc. However, if adopted, the proposed Hazardous Waste Management Plan would show that Waste Management's Marsh Creek site is within the general area where the citing criteria for residual repositories (Hazardous Waste. Landfills) might be applicable. I have been advised that under Health and Safety Code section 25135.7 the County must act on the final Hazardous Waste Management Plan by September 1, 1989 . At this stage in the proceedings, only the Board of Supervisors has authority to approve or reject the plan on behalf of the County. Under Government Code section 25005, for the County to act, three members of the Board of Supervisors must vote affirmatively. I have been advised by staff that two members of the Board of Supervisors cannot attend this meetng and that, including myself, only three members of the Board can be present to vote. The County Counsel has advised me that under the Political Reform Act, Government Code section 87101 and Title 2 California Code of Regulations section 18701 I can vote on this matter. I have not attempted to influence any other Supervisor's vote in regard to the Hazardous Waste Management Plan. VJW/jh F 0 L E D AUG -251989 PHIL BATCHELOR CLL•RK IOARD OF SUPERVISORS COt.4&=CO. B Deputy