HomeMy WebLinkAboutMINUTES - 10161990 - 1.48 ♦ I \
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TO: BOARD OF SUPERVISORS ?£;---
Y _ Contra
FROM:
Costa
Phil Batchelor, County Administrator
County
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DATE: October 10, 1990 -------
SUBJECT:
--K�SUBJECT: REQUEST THE HAZARDOUS MATERIALS COMMISSION TO ESTABLISH
A PROCESS FOR REVIEWING CITY HAZARDOUS WASTE' PLANS
FOR CONSISTENCY WITH THE COUNTY'S PLAN
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Request the Hazardous Materials Commission to establish a
procedure whereby the Commission can conduct a public
hearing on a Hazardous Waste Management Plan prepared by a
city pursuant to, Health & Safety Code Section 25135.7 (c)
( 1) and make recommendations to the_ city designed to insure
that the city' s plan is consistent with the County' s
state-approved Hazardous Waste Management Plan.
2 . Provide comments and recommendations to the city council and
Board of Supervisors on any areas in which the Commission
finds a city' s Plan inconsistent with the County' s plan.
BACKGROUND:
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Under current state law (commonly referred to as the "Tanner"
law) , Article 3 . 5 of 'Chapter 6. 5 of Division 20 of the Health &
Safety Code (commencing with Section 25135) , the County has
prepared a Hazardous Waste Management Plan, obtained approval of
the Plan from a majority of the cities having a majority of the
population in the incorporated area of the County, and had the
Plan submitted to and;approved by the State Department of Health
Services.
Health & Safety Code Section 25135.7 (c) provides as follows:
"(c) Within 180 days after receiving written
notification from the department that it has approved
CONTINUED ON ATTACHMENTYI-S—YES I SIGNATURE:
TECOMMENDATION OF COUNTY ADMINISTRATOR - RECOMMENDATION OF BOARD COMMITTEE
PPROVE OTHER
SIGNATURE(S): v
ACTION OF BOARD ON October 16, l 9 9 APPROVED AS RECOMMENDED OTHER
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VOTE OF SUPERVISORS
u I I HEREBY CERTIFY THAT THIS IS A TRUE
` UNANIMOUS(ABSENT I ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: I AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED O"T 16 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
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Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
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BY— DEPUTY
M382 (10/88) I
the county hazardous waste management plan, each city
within that county shall do one of the following:
(1) Adopt a city hazardous waste management plan.
containing all of the elements required by subdivision
(d) of Section 25135.1 [the Tanner Plan requirements)
which shall be consistent with the approved county
hazardous waste management plan.
(2) Incorporate the applicable portions of the approved
county plan, by reference, into the city's general
plan. i
(3) Enact an ordinance which requires that all
applicable zoning, subdivision, conditional use permit,.
and variance decisions are consistent with the portions
of the approved county plan which identify general
areas or siting criteria for hazardous waste
facilities."
Apparently some . cities have decided to prepare their own
hazardous waste management plans in accordance with the
provisions of Section 25135.7 (c) ( 1) . While there is a
requirement that the (city' s hazardous waste management plan be
consistent with the County' s Plan, there is no mechanism in the
law to insure that this occurs.
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It is, therefore, recommended that this matter be referred to the
Hazardous Materials ! Commission with the request that the
Commission establish a public hearing process which will provide
an opportunity for the Commission to identify areas of a city' s
plan which may be inconsistent with the County' s Plan and make
recommendations to the city council and Board of Supervisors on
how those inconsistencies can be resolved.
cc: County Administrator
Health Services Director
Community Development Director
County Counsel
Chair, Hazardous Materials Commission (Via CAO)
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