The URL can be used to link to this page

Home My WebLink AboutMINUTES - 11171992 - 1.109 1 . 1 ® 9 TO: BOARD OF SUPERVISORS FROM: Hazardous Materials Commission l ;, Contra Costa DATE: November 17. 1992 = County T - SUBJECT: Resolution Regarding Hazardous Waste Management Plans SPECIFIC REOUM(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Adopt Resolution urging that the Department of Toxic Substance Control take action regarding county Hazardous Waste Management Plans and supporting legislation in that regard. FISCAL IMPACT: None BACKGROUND: In 1986,AB 2948 was enacted authorizing counties to prepare hazardous waste management plans (HWMP). These plans were intended to provide for the proper management and disposal of hazardous waste generated in each county and for a fair distribution of hazardous waste facilities. In 1989, the California Department of Health Services (DHS) approved Contra Costa County's HWMP. The Plan incorporated the "Fair Share" principle, which states that each county is responsible for the disposition of its own waste, except as provided for in an Interjurisdictional Agreement. Following discussions with the State, Contra Costa added a statement that the Fair Share language would only be operable when such an Interjurisdictional Agreement (IJA) is in place. During 1991, representatives of all nine Bay Area Counties,working through ABAG, developed an IJA that assigns responsibility for a particular type of hazardous waste facility to each county. All Counties subsequently approved the IJA. However, a functioning IJA is dependent upon each county having an approved HWMP. To date, only Contra Costa and Solano counties have approved plans. Throughout 1991 and early 1992, six of the seven Bay Area counties without approved plans made all necessary revisions to their HWMPs, based upon communications with regional DHS staff, and proceeded to obtain city and county approvals. These revised plans were submitted to the central office of the Department of Toxic Substance Control (DTSC) (jurisdiction for the Tanner Plan Program was moved from DHS to the DTSC following creation of Cal-EPA) in late 1991/early 1992 after extensive review by the regional staff. The seventh county has indicated that it will also resubmit its plan. In September 1992, counties received a letter from the DTSC Director, William Soo Hoo, stating that the DTSC will not take action to either approve or disapprove plans because the plans were resubmitted after the statutory deadline of June 24, 1991, had passed. Thus, after counties invested substantial time and CONTINUED ON ATTACHMENT: X YES SIGNATURE Z- 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 TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CONTACT: BARBARA MASTERS (370-5014) /Aq CC: Health Services Director ATTESTED 1 !6 4 Hazardous Materials Commission PHIL BATCHELOR, CLERK OF THE BOARD OF via Health Services SUPERVISORS AND COUNTY AMDINISTRATOR ABAG (Attn: Suzanne Larson) /1 BY DEPUTY -2- resources to prepare HWMPs at the request of the State, the State is refusing to act. Although Contra Costa's plan has already been approved,full implementation of the plan in coordination with the IJA requires approval of the remaining Bay Area plans. In order to ensure the timely approval of plans, which would enable the IJA to take effect, the ABAG Capacity Assurance Committee will be seeking legislation to require DTSC to review all submitted plans within 90 days with a proviso that nonaction by the DTSC will result in automatic approval of such plans. On October 28, the Hazardous Materials Commission unanimously recommended that the Board of Supervisors adopt a Resolution urging DTSC to take action on the HWMPs and supporting the above- mentioned legislation. This resolution will be considered next month by CSAC and has already been approved by the League of California Cities. The Contra Costa Mayors' Conference has also adopted the Resolution. CC: Health Services Director Hazardous Materials Commission via Health Services ABAG (Attn: Suzanne Larson) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on November 17, 1992 by the following vote: AYES: Superviosrs Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 92/771 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: County Hazardous Waste Management Plans WHEREAS, the State of California authorized and encouraged Counties to prepare Hazardous Waste Management Plans; and WHEREAS, the State of California required the Department of Toxic Substances Control (DTSC) to review and approve costly hazardous waste management plans; and WHEREAS, the State of California required the DTSC to review and approve resubmitted county hazardous waste management plans within 90 days of receipt of revised plans; and WHEREAS, a DTSC approved hazardous waste management plan provides for the reduction and disposal of the State's hazardous waste, fair distribution of hazardous waste facilities and attempts to retain local control of land use decisions; and WHEREAS, Contra Costa County's Hazardous Waste Management Plan was approved in 1989; and WHEREAS, the Plan incorporated the "Fair Share" principle,which states that each county is responsible only for the disposition of its own waste, except as provided for in an Interjurisdictional Agreement; and WHEREAS, all nine Bay Area counties have approved an Interjurisdictional Agreement, which is dependent on all counties having approved Hazardous Waste Management Plans; and WHEREAS,lack of an approved hazardous waste management plan results in a loss of local land use control and of proper management of hazardous wastes; and WHEREAS, Counties and Cities,within the San Francisco Bay Area and the Region 2 staff as well as the central Sacramento office of the DTSC have worked together for over five years to prepare approveable hazardous waste management plans including mutually agreed time lines; and WHEREAS, following resolution of all outstanding issues the regional staff forwarded to the central DTSC office the redrafted hazardous waste management plans from six Bay Area counties for approval; and WHEREAS, the central DTSC office refused to act on resubmitted plans, notifying all six Bay Area counties with unapproved and resubmitted hazardous waste management plans, on September 16, 1992, that they would "no longer review or take action to approve or disapprove county hazardous waste management plans". NOW, THEREFORE BE IT RESOLVED that the Contra Costa County Board of Supervisors will contact the DTSC requesting immediate review and approval on currently submitted hazardous waste management plans for Bay Area counties and action on any other hazardous waste management plans within 90 days of submittal; and RESOLUTION NO. 92/771 -2- BE IT FURTHER RESOLVED that the Contra Costa County Board of Supervisors will support sponsors of legislation requiring 90 days review and action by the DTSC on county hazardous waste management plans with a proviso that DTSC nonaction results in automatic approval of county hazardous waste management plans. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY �j Deputy cc: Health Services Department Hazardous Materials Commission via HSD ABAG (Attn: Suzanne Larson) RESOLUTION NO. 92/771