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HomeMy WebLinkAboutMINUTES - 08281990 - 1.3 ORDINANCE NO. 90- 73 (Hazardous Waste Management Plan) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I. SUMMARY. This •ordinance adds Article 84-63 . 12 to the County Ordinance Code to require that land use decisions concerning offsite hazardous waste facilities be consistent with the County Hazardous Waste Management Plan, approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. SECTION II. Article 84-63. 12 is added to the County Ordinance Code, to read: Article 84-63.12 Offsite Hazardous Waste Facility Compliance With County Hazardous Waste Management Plan. 84-63.1202 Authority. This article is enacted pursuant to Health and Safety Code sections 25135 . 4 and 25135 . 7 , concerning the sitin of offsite hazardous waste facilities . (Ord. 90-�3 § 2 . ) 84-63.1204 Definitions . (a) General . Unless otherwise specified in this section or indicated by the Context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6 . 5 (S 25100 et seq. ) . (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors in January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan . is amended from time to time. (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units . (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: ( 1 ) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. ( 2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer cf the hazardous waste. (Ord. 90-73 § 2. ) 84-63.1206 County Hazardous Waste Management. All land use permit, variance or other land use entitlement granted for the -1- ORDINANCE NO. 90- 73 operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities . Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste: facility is consistent with the County Hazardous Waste Management Plan. (Ord. 90- 73 S 2; Health & Safety Code, SS 25135 .4, 25135 .7 . ) 84-63.1208 Exclusion. The requirements of this article do not apply to projects which are exempt projects under section 84-63 . 604 . (Ord. 90-73 S 2 . ) SECTION III . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED and ADOPTED on August 28 , 1990 by the following vote: AYES: Supervisors Powers , TorlakFon, Fanden NOES: None ABSENT: SuperviForF McPeak, Schroder ABSTAIN: None ATTEST: Phil Batchelor, County Administrator and Clerk of Board By: e �a Deputy Clerk Chairperson f the Board (SEAL) df7:1tf\0rd\ha2-wat.P1n -2- ORDINANCE NO. 90- 73