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HomeMy WebLinkAboutMINUTES - 10091990 - 1.14 ORDINANCE N0. 90- 92 (Land Use Permits for Development Projects Involving Hazardous Waste or Materials) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code) : SECTION I. SMOMY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material in the L-I light industrial, W-3. controlled heavy industrial, and H-I heavy. industrial land use districts. This ordinance amends County Ordinance Code Chapter 84-63, which regulates land use permits for hazardous waste or hazardous material development projects, to clarify and/or modify specified requirements. SECTION II. Section 84-63.202 of the County Ordinance Code is amended in its entirety, to emphasize that the purpose of County Ordinance Code Chapter 84-63 is to protect public health, safety and general welfare, to read: 84-63. 202 Purpose. The purpose of this chapter is to ensure the health, safety and general welfare of residents and persons in the County by encouraging reductions in amounts of hazardous wastes or materials managed, as defined in this chapter, and by requiring land use permits for new and substantially expanded development projects which could significantly and adversely affect public health and the environment and which manage significant amounts of hazardous materials or hazardous waste. (Ords . 90- 92 S 2, 86-100 S 5 . ) 6ECTION III. Section 84-63 .402 of the County Ordinance Code, defining the' term "development project, " is amended, to clarify . its intent to include projects with a specified engineered design capacity, to add that use of transportable treatment may constitute a "development project, " and to add that pipelines and related equipment, and maintenance, repair or minor augmentation of existing equipment do not constitute a "development project, to read: 84-63.402 "Development Project. " (1) a "Development project" means either: a. A new, permanent structure, facility, or development to be constructed in or on land, or within an existing structure or facility, that will have the engineered design capacity to manage more than 4,000 tons per year of hazardous waste or more than 12,500 tons per year of hazardous material; or b. The use of one or more transportable treatment units at an off-site, commercial hazardous waste management facility that process in excess of 4 ,000. tons of hazardous waste per year or are physically located on the site for more than a total of 180 calendar days per year. (2) For purposes of computing tons of hazardous waste for this definition, the aqueous portion of any wastewater stream containing less than one percent (1%) by weight of hazardous waste constituents shall not be included in the computation of the amount of hazardous waste managed provided such constituents are removed from such an aqueous stream or otherwise treated on- site to render the waste non-hazardous and provided such hazardous waste constituents contained in such aqueous streams of the entire development project or substantial expansion are 100 tons per year or less. This computation shall be based on the total capacity of the development project or the substantial expansion. This method of computing tons of hazardous waste shall not be utilized where the 'aqueous stream is an extremely hazardous waste as determined by the California Department of Health Services. (3) "Development Project" does not include: (a) Pipelines and related equipment, with the exception of storage tanks, or (b) Any project that consists only of maintenance, ; repair, replication, or minor augmentation, of existing equipment and that does not require the issuance of a building permit. (Ords . 90- 92 S 3, 86-100 S 5 . ) SECTION M Section 84-63.416 of the County Ordinance Code is amended, to clarify the existing definition of "substantial expansion, " to add that use of a transportable treatment unit may constitute a substantial expansion, and to add that pipelines and related equipment, and maintenance, repair or minor augmentation of existing equipment do not. constitute "substantial expansion, " to read: 84-63 .416 "Substantial Expansion. " (1) "Substantial expansion" means any of the following: (a) A physical modification of any existing facility that will result, in that portion of the facility to be physically modified, in: 1 . An increase or cumulative increase of at least 10 percent of the amount of hazardous waste managed, or 25 percent of . the amount of hazardous material managed; and 2 . An increase or cumulative increase of more than 2,000 tons of hazardous waste managed, or more than 12,500 tons of hazardous material managed, which amount is in excess of the amount of such waste or material managed per year as of January 8, 1987 . Cumulative increase is defined as the sum of all related increases occurring in the facility since January 8, 1987 . (b) Any physical modification of an existing facility which will result in the management .of 10,000 tons per year or . more of hazardous waste in that portion of the facility. to be. physically modified. (c) The modification of an existing off-site, commercial hazardous waste facility such that transportable treatment is used to process in excess of 4,000 tons of hazardous waste per year or is physically located on the site for more than a total of 180 calendar days per year. (2) For purposes of computing tons of hazardous waste for this definition, the aqueous portion of any wastewater stream containing less than one percent (1%) by weight of hazardous waste constituents shall not be included in the computation of the amount of hazardous waste managed provided such constituents are removed from such an aqueous stream of otherwise treated on site to render the waste non-hazardous and provided such hazardous waste constituents contained in such aqueous streams of the entire development project or substantial expansion are 10.0 tons per year or less . This computation shall be based on the total . capacity of the development/ project or the substantial expansion. This. method of computing tons of. hazardous waste shall not be utilized where the aqueous stream is an extremely hazardous waste as determined' by the California Department of Health Services . ORDINANCE NO. 90- 92 -2- ( 3) A "Substantial Expansion" does not include: (a) Pipelines and related equipment, with the exception of storage tanks•, or (b) Any project. that consists only of maintenance, repair, replication, or minor augmentation of existing equipment and that does not require the issuance of a building permit. (Ords . 90- 92 S 4 , 86-100 S 5 . ) SECTION V. Section 84-63. 604 of the County Ordinance Code is amended, to delete pipelines and related equipment, and maintenance, repair and minor augmentation of existing equipment as exemptions, and to add as an exemption projects with a design capacity in excess of the threshold amount specified in Chapter 84-63 if the applicant demonstrates that amounts actually managed will be below that chapter's threshold amounts, to read: 84-63.604 Exemptions . The following projects and structures are exempt from the provisions of this chapter: (1 ) The replacement of any existing structure or facility substantially on the same location on the site which is for substantially the same purpose as the structure or facility being replaced, provided that: (a) The amount of hazardous waste to be generated for disposal by the replacement structure or facility is significantly less than the amount being generated for disposal by the structure or facility replaced, in accordance with regulations proposed or reviewed by a Board-approved Hazardous Materials Commission and adopted by the Board of Supervisors, and (b) The existing facility is shut down when the replacement facility becomes fully operational. (2) The restoration or rehabilitation of deteriorated or damaged structures or facilities at the same location on the site, if the amount of hazardous waste to be generated for disposal is significantly less than the amount being generated .. for disposal by the restored or rehabilitated structure or facility, in accordance with regulations proposed or 'reviewed by a Board-approved Hazardous Materials Commission and adopted by the Board of Supervisors. (3) Any. project for which permits have been issued pursuant to the Federal Resource Conservation and Recovery Act and the California Hazardous Waste Control Law or which has obtained vested rights before January 8, 1987 . (4 ) A project consisting of reconstruction or repair of existing facilities which costs less than ten percent (10%) of the assessed valuation of the structure at the time of reconstruction or repair. (5) Any project built solely to comply with federal or state laws, regulations, rules, or administrative or judicial orders under a compliance time schedule which precludes timely review under this chapter. (6 ) Any project for which an environmental impact report preparation process began prior to July 1, 1986, and for which the County is the administrative agency. (7) Any project that has an engineered design capacity that meets or exceeds the quantity thresholds identified in sections 84-63.402 or 84-63.416, and the applicant satisfactorily demonstrates that the proposed project shall be used to manage hazardous waste or hazardous materials only in an amount lower ORDINANCE NO. 90- 92 -3- than the quantity thresholds identified in sections 84-63.402 and 84-63 .416off this chapter. (Ords. 90- 92 S 5, 86-100 S 5. ) ' SECTION VI. Section 84-63.802 of the County Ordinance Code is.. amended, to provide for application to the 'Community Development Department Director for a determination as to the chapter's applicability, and for application to .the Community .Development - Department 'Director, instead of the Zoning Administrator, for a certificate of exemption, to read: , 84-63 .802 Application for Applicability Determination or Certificate of Exemption. Any person proposing a development project or a substantial expansion which may be used to manage hazardous waste or hazardous material and which has the engineered design capacity to fall within the provisions of this . chapter shall apply to the Community Development Department Director for review and a determination whether this chapter is applicable and whether the structure or project is exempt under section 84-63 . 604 . The application shall be .in :the form prescribed by the Director of Community Development and shall include appropriate and reasonable hazardous waste and hazardous material baseline information. The application shall be accompanied by all fees established by the Board of Supervisors . (Ords . 90- 92 .S.-6, 86-100 S 5. ) SECTION VII. Section 84-63 . 803, on certificates of exemption, is added to the County Ordinance Code, -to read: 84-63. 803 Certificate of Exemption. (1 ) The Community Development Director shall issue -a Certificate of Exemption if the Director finds that the project or structure is exempt pursuant to section 84-63.604(3) ,. (4 ) , (5) or (6 ) of this . chapter. (2) The Zoning Administrator shall issue a=Certificate of Exemption if the Zoning Administrator finds, after a public hearing, that the project or -structure is exempt pursuant to section 84-63.604(1) or (2) of this chapter. Such a:Certificate • shall include conditions necessary to ensure that the project is . in compliance with- this- chapter. (3 ) The Zoning Administrator shall issue a Certificate of Exemption if the Zoning Administrator finds, after a public hearing, that the project or structure is exempt pursuant to section 84-63 .604(7 ) . Such a Certificate shall include conditions necessary to ensure that the project is not exceeding the quantity thresholds identified in section 84-63 .402 or section 84-63.416 . Such conditions may include, but are not limited to, bi-monthly activity reports, manifest records, and on-site inspections. The Certificate of Exemption shall expire two (2) years after the date .of issuance and shall be reviewed and reissued for an additional two (2) years upon the finding of the Zoning Administrator that the provisions of the Certificate have been met, and that the project or expansion complies with the provisions of this chapter. (Ord. 90- 92 S 7 . ) SECTION VIII., Section 84-63..808 of the County Ordinance. Code is amended, by amending subsection (a) of subsection (3) , by removing transportation and construction noise as an exception to the lack of •noise requirement, to read: 84-63.808 Further Exemptions . In the case of a development project or substantial expansion which is entitled to the presumption set forth in section 84-63.806, 'the Zoning Administrator shall, on the basis of the complete application, find that .the development project or substantial expansion is 'an I ORDINANCE NO. 90- 92 -4- exempt permitted use if he determines.-all of the following are met: ( 1) As proposed, it will not significantly and adversely affect public health or the environment. (2) The findings required by section 26-2.2008 can be made. (3) It will not: (a) Cause excessive noise or vibration, discernible at the nearest residentially zoned parcel. (b) Cause significant direct or sky-reflected glare or heat perceptible from the nearest residentially zoned parcel. (c) Emit odorous emissions perceptible at the nearest residentially zoned parcel. (d) Cause change in existing natural features . (e) Cause change in scenic views or vistas from public areas . (f ) Cause change in quality, quantity, flow, or existing drainage of public waters . (g) Cause change in use or access to existing recreational areas or navigable streams . (h) Have an adverse impact on significant natural habitats of plants, animals, or wildlife. (i) Create need for new or expanded public services . ( j ) Cause significant additional traffic generation or increase vehicular problems . (k) Create an aesthetically offensive site open to public view. (1) Substantially interfere with the movement of any resident or migratory fish or wildlife species . (m) Conflict with established recreational, educational, religious, or. scientific uses of the area. (Ords . 90- 92 S 8, 86-100 S 5 . ) SECTION I%. Section 84-63.812 of the County Ordinance Code is amended, to add decisions or determinations of non-applicability among the decisions and determinations which must be made in writing and summarized in the next County Planning Commission agenda, to read: 84-63.812 Decisions - Notice. All decisions and determinations, including the decision or determination of non- applicability made pursuant to this chapter, shall be made in writing and shall be summarized in the next agenda of the County Planning Commission. (Ords. 90-92 S 9, 86-100 S 5. ) SECTION Z. Section 84-63. 813, requiring public notice and hearing before granting an exemption, is added to the County Ordinance Code, to read: 84-63. 813 Exemptions: Public Notice and Hearings . The Zoning Administrator shall hold a public hearing before granting an exemption pursuant to sections 84-63.604( 1 ) , (2) , (7) , section 84-63.808 and section 84-63 . 810(2) . Notice of the Zoning Administrator Hearing shall be given to all organizations and ORDINANCE NO. 90- 92 -5- individuals who have previously requested such notice and shall also be given by all of the following: (a) Publication at least one time by the County in a newspaper of general circulation' in the area affected by the proposed project; (by Posting of notice by the Community Development Department on and of.f-site in the area where the project is to be located; and (c) Direct mailing to owners of property within 300 feet of the project as such owners are shown on the latest equalized assessment roll . (Ord. 90- 92 S 10. ) SECTION %I. 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 October 9 ,' 1990 , by the following vote. AYES: Supervisors Schroder, McPeak, Torlakson, Fanden NOES: Mone ABSENT: Supervisor Powers ABSTAIN:None ATTEST: PHIL BATCHELOR, County Administrator and Clerk of the Board of 'Supervisors BY: Deputy Clerk Chairperson " the Board (SEAL) LTF/jh (9/21/90) s-5:\ee\LTF\0RD\PR0JECTs.F ORDINANCE NO. 90- 92 -6-