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
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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)
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ORDINANCE NO. 90- 73