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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
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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
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Tom Torlakson,5th District
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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
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