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HomeMy WebLinkAboutMINUTES - 01301990 - 1.63 .. / (,v3 TO BOARD OF SUPERVISORS Contra FROM: Phil Batchelor, County Administrator Costa DATE: January 25, 1990 Coin SUBJECT: Response to State Department of Health Services Letter of October 6, 1989 Regarding County Hazardous Waste Management Plans Approval SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Consider the Addendum with final environmental impact report which was prepared for the Contra Costa County Hazardous Waste Management Plan. The Hazardous Materials Commission RECOMMENDS that the Board Q APPROVE the following language as an amendment to the County Hazardous Waste Management Plan. "The fair share language is not operative until inter jurisdictional agreements are in place. " The Commission further RECOMMENDS that the Board AUTHORIZE the Chair to send Contra Costa cities the attached letter requesting their approval of this amendment. The Commission also RECOMMENDS that the Board APPROVE and AUTHORIZE the Chair to send the attached letter to Kenneth Kizer, M.D. , MPH, Director of California State Department of Health Services, on behalf of the county regarding the approval of the Contra Costa County Hazardous Waste Management Plan. REASONS AND RECOMMENDATION/BACKGROUND: On October 6 , 1989 Dr. Kizer sent a letter to all counties regarding County Hazardous Waste Management Plan (HWMP) approval by the State Department of Health Services . In the October 6 , 1989 letter, Dr. Kizer indicated that there are some conditional parameters under which fair share limitations would be acceptable in county plans . He outlined four concepts that may lead to the Department of Health Services approving county plans that include fair share language. The Contra Costa County Hazardous Materials Commission believes that our HWMP addresses the four concepts outlined by Dr. Kizer. The HWMP accomplishes the goals of protecting the public health and environment including the responsible handling of hazardous waste generated in the county. The letter to Dr. Kizer indicates the sections of the HWMP that directly address his conditions for approval . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ' APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAI<EN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Adm ,SAN 3 0 1990inistrator ATTESTED Health. SerV1CeF PHIL BATCHELOR, CLERK OF THE BOARD OF HazardouF Materalp Comm, SUPERVISORS AND COUNTY ADMINISTRATOR BY F'G'�Clr� -,DEPUTY M382�7-83 On January 19, 1990, Supervisor McPeak, Paul De Falco, Chair, Hazardous Materials Commission, and county staff met with Dr. Kizer as part of a "CSAC" delegation to negotiate "fair share" language in the County Hazardous Waste Management Plan. Dr. Kizer indicated that the "fair share" language would be approved by Department Health Services if the plan was amended to include caveat language. The Hazardous Materials Commission believes that the caveat language is consistent with the intent of the "fair share" principle, and is an acceptable amendment to the County Plan. Any amendment to the plan must be approved by a majority of the cities with the majority of the incorporated population in the County. An Amendment to the final environmental impact report has been prepared and is attached. The State Department of Health Services must approve/ disapprove plans by February 28, 1990 . If the County HWMP is not approved, the county may have an additional opportunity to amend the plan, gain subsequent approval from the cities, and resubmit the plan to the State Department of Health Services for review. FINANCIAL IMPACT: N/A BO:MA:md bo.kk elor The Board of Supervisors Contra Clerk'offathehBoard and County Administration Building t� County Administrator Costa Pine St., Room 106 (415)646-2371 Martinez, California 94553 County Tom Powers,list District SE Nancy C.Fanden,2nd District Robert I.Schroder,3rd District ,, Sunne Wright McPeak 4th District c: .. :5 Tom Torlakson,5th District r\ ypyV a caiin`�' Dear Mayor: The Contra Costa County Hazardous Materials Commission has been working with State Department of Health Services to negotiate the approval of our county's Hazardous Waste Management Plan. As you know, the "fair share" distribution of hazardous waste facilities has been a major issue of concern for counties and cities throughout California. On January 19, 1990, Supervisor Sunne McPeak and Paul De Falco, Chair of the Hazardous Materials Commission joined several other counties in a meeting with Dr. Ken Kizer, Director of the State Department of Health Services . Great progress was made at that meeting to finalize language that would be acceptable to both local governments in the State Department of Health Services regarding "fair share" language. The State Department of Health Services indicated for the first time on January 19, 1990, that they are willing to accept "fair share" language that is accepted in Contra Costa County's Hazardous Waste Management Plan. In order to accept this language, the State Department of Health Services asked that the following sentence be added to the Plan. "Fair share language is not operative until interjuris- dictional agreements are in place. " The Hazardous Materials Commission and the Board of Supervisors believe that this language is keeping with the spirit and intent of the "fair share" principle we've been striving to maintain in our Hazardous Waste Management Plan. On January 30, 1990, the Board of Supervisors voted in support of this amendment to the Hazardous Waste Management Plan. We are asking that your city also vote in support of this amendment. The amendment will not become effective until the majority of the incorporated population in the county approve it. Contra Costa cities are encourage to consider this amendment in the immediate future because State Department of Health Services must approve/disapprove the Hazardous Waste Management Plans by February 28, 1990. It is the goal of the Hazardous Materials Commission to be able to inform the State of this amendment prior to that date so that the amendment is considered in the State's review process . Also enclosed is a letter from the Contra Costa County Board of Supervisors to Dr. Kizer regarding negotiations between his department and counties throughout California. In brief, the letter indicates how Contra Costa's Hazardous Waste Management Plan meets state requirements for approval . Please free to contact Marice Ashe, Executive Assistant to the Hazardous Materials Commission, at 646-4416 with any questions or concerns . She is available to attend your City Council meeting as necessary or appropriate to discuss these issues with your Council . Please also contact Marice with the action taken by your Council at the nearest possible date. Thank you very much. Sincerely, Nancy Fand , Chair Contra Costa County Board of Supervisors NF:MA: jb cc: City Managers City Council Members -2-