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HomeMy WebLinkAboutMINUTES - 12101991 - 1.4 (2) . -�- �« BOARD OF SUPERVISORS ; ® - Contra FROM: Hazardous Materials Commission o { Costa County DATE: December 10, 1991 SUBJECT: APPROVE AND AUTHORIZE THE CHAIRMAN OF THE BOARD OF SUPERVISORS TO EXECUTE AN INTERJURISDICTIONAL AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE EIGHT BAY AREA COUNTIES REGARDING THE SITING OF HAZARDOUS WASTE FACILITIES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)i BACKGROUND ANO JUSTIFICATION RECOMMENDATION- Approve and authorize the Chairman of the Board of Supervisors to execute on behalf of the County an Interjurisdictional Agreement among the counties in the ABAG Region, providing for the allocation of responsibility to various counties of certain hazardous waste facilities to insure that allocation of certain types of hazardous wastes are able to be treated or disposed of within the ABAG Region. BACKGROUND: As a result of legislation enacted in 1986, the so-called Tanner law, counties were authorized to develop hazardous waste management plans for the management of all hazardous waste produced in the county. These plans were to designate general areas for the siting of hazardous waste facilities. The Tanner law also established, for the first time, a mechanism under which a local land decision could be appealed to a state appeals board. In deciding an appeal, a state appeals board would determine whether the proposed hazardous waste facility is consistent with the county hazardous waste plan as well as the overall state capacity needs for that type of facility. , On March 1, 1990, Contra Costa County became one of the first counties in the state to have its Hazardous Waste Management Plan approved by the State Department of Health Services. That plan was also approved by a majority of cities. The Plan included the "Fair Share" principle stating that the county is responsible for the disposition of its fair share of waste generated. However, the Plan also states that the "fair share" language is not operative until interjurisdictional agreements are in place. In order to develop an UA and provide for hazardous waste management facility capacity throughout the Bay Area region, ABAG established a Hazardous Waste Management Capacity Allocation Committee (CAC). Supervisor McPeak has been serving as the Board's representative on the Committee and Richmond City Councilwoman Rosemary Corbin represents the cities of Contra Costa on the Committee. County staff and Paul De Falco, Chairman of the County's Hazardous Materials Commission, have been active on the Technical Advisory Committee. CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ON12;Z-1APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X -- I HEREBY CERTIFY THAT THIS IS A TRUE 1 UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE WNUTES OF THE BOARD ABSENT: ABSTAIN OF SUPERVISORS THE DATE SHOWN. CC: County Administrator ATTESTED 4K&e" _' /f9l Hazardous Materials Commission (Via HSD) PHIL BATCHELOR,CLERK OF THE BOARD OF ABAG (via HSD) SUPERVISORS AND COUNTY ADMINISTRATOR Health Services Director County Counsel BY ,DEPUTY M382 (10/88) Af ° 2 The Committee developed a Capacity Allocation Plan for providing needed capacity in the region. A fair share method for providing this capacity allocates responsibility within jurisdictional boundaries of the member counties. In order to implement the Plan, the Committee has collected the latest available data on generation of off-site managed hazardous wastes and hazardous waste management capacity within the nine-county Bay Area region. The region's offsite hazardous waste management capacity is expected to total just over 300,000 tons annually by the year 2000 based on existing facilities only. The region's projected needs are about 495,000 tons per year in 2000. This figure assumes a 25 percent of waste reduction as a result of waste minimization efforts. Thus, as a region, it is estimated that the nine counties will have an overall capacity deficit of about 190,000 tons in the year 2000. Contra Costa currently has no off-site capacity and is projected to need 72,326 tons in the year 2000. The Capacity Allocation Plan distributes the responsibility for filling the regional capacity deficit gap among the participating counties based upon their net contribution to the regional deficit -- that is, the amount of waste generated less the amount of capacity already present. Those counties contributing to the capacity deficit are assigned responsibility for specific treatment method groupings. Each member county is being requested to provide siting opportunities, consistent with their own County Hazardous Waste Management Plan, for treatment or disposal capacity as determined by the Capacity Allocation Plan. The assignment of treatment type is in the reverse order of the hazardous waste management hierarchy: reduce, recycle, treat, incinerate and dispose. Contra Costa County contributes the second largest net amount of waste and, therefore, has been assigned incineration. This,agreement will enable the nine Bay Area Counties to share the burden of siting hazardous waste treatment and disposal facilities and is in the county's best interest. Although Contra Costa County would be responsible for providing siting opportunities for incineration under the IJA at this time,the Agreement would provide protection to Contra Costa against having to site all types of facilities that are consistent with the County Hazardous Waste Management Plan. In addition, this is a very dynamic process. There are a number of events that could change the overall allocation scheme so that Contra Costa would not be assigned incineration. Most significantly, efforts are underway to determine if an Agreement can be reached with Kings County to formalize current practice whereby the residual repository located in that County accepts our region's wastes. If that occurs, then the Bay Area Region would not be responsible for siting such a facility, which is unlikely to occur in any event, and the allocation scheme would be redone. Participating in the IJA would enable Contra Costa to continue being an active player in these ongoing discussions and would limit the County's responsibility to site all manner of hazardous waste facilities in the County. On September 25, the Hazardous Materials Commission unanimously endorsed the IJA. On November 7, the Mayors' Conference also unanimously endorsed the signing of the proposed Interjurisdictional Agreement (IJA). BM:no Enc.: Interjurisdictional Agreement cc: County Administrator Hazardous Materials Commission (via HSD) ABAG (via HSD) Health Services Director County Counsel