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Home My WebLink AboutMINUTES - 02231993 - 2.8 ., TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel DATE: February 23, 1993 SUBJECT: Urgency Ordinance Regulating Transfer Stations SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the subject Urgency Ordinance Regulating Transfer Stations. 2. Fix a hearing on April 6, 1993, at , on whether the subject Urgency Ordinance should be extended for up to ten and one-half months and direct notice thereof be given pursuant to Government Code sections 65090 and 65858(a) . 3. Direct the Community Development Director to take the actions specified in sections VII and VIII of the subject ordinance BACKGROUND/REASONS FOR RECOMMENDATIONS Pursuant to the requirements of the California Integrated Waste Management Act of 1989, the County and the cities are in the process of developing and obtaining state approval of a countywide integrated waste management plan, including the elements of such plan. The goal of developing and implementing the plan and its elements is the reduction of the amount of waste that is required to be disposed of at a solid waste landfill. As part of the Act, the Legislature has mandated a 25% reduction of landfilled solid waste by 1995, and a 50% reduction by 2000. While these waste reduction requirements are beneficial, fulfilling these waste reduction requirements in a cost-effective manner will require coordination and planning. In addition to and in furtherance of the County's continuing efforts to meet waste reduction CONTINUED ON ATTACHMENT: , x YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C ITT: APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON February 23. 1993 APPROVED AS RECOMMENDED OTHER X The Board CONTINUED to March 2, 1993, consideration of the above report, recommendations and the proposed urgency interim ordinance clarifying solid waste transfer station establishment regulations. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A ,X UNANIMOUS (ABSENT I TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED_ February 23, 1993 cc: County Administrator PHIL BATCHELOR, CLERK OF Community Development THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY ORDINANCE NO. 93- (Urgency Ordinance Regulating Transfer Stations) The Contra Costa County Board of Supervisors ordains as follows : SECTION I . Prohibitions. No person shall use land in the unincorporated area for a transfer station without first obtaining a land (conditional) use permit pursuant to this ordinance or applicable provisions of the Contra Costa County Ordinance Code ( "Code" ) authorizing such use. SECTION II . Permitted Zoning Districts . A land use permit may be obtained for the operation of a transfer station on land in the H-I heavy industrial district. A land use permit may be obtained for the operation of a materials recovery facility on land in the L-I light industrial district and the H-I heavy industrial district. SECTION III. Land Use Permit Procedure. Land use permits for transfer or processing stations may be considered, processed and granted in accordance with the provisions of chapters 418-4 and, as applicable, chapters 26-2 and 82-6 of the Code. SECTION IV. Definitions . As used in this ordinance, the following terms have the following meanings . (a) "Transfer station" means a facility which is primarily utilized to receive, consolidate and load solid wastes, for transfer to disposal facilities . Secondary functions may include short-term storage and inspection of solid wastes . (b) "Materials recovery facility" means a facility which is utilized primarily to sort or separate solid wastes for the purposes of recycling or composting. Materials recovery facilities may additionally receive sorted and unsorted recyclable materials . Materials recovery facility does not include facilities that accept only source separated materials without charging a fee for such acceptance, such as buyback facilities and drop-off facilities . (c) "Buy-back facility" means a facility which pays a fee for the delivery and transfer of ownership to the facility of source separated materials, for purpose of recycling or composting. (d) "Drop-off facility" means a facility which accepts delivery and transfer of ownership to the facility of source separated materials for the purpose of recycling or composting, without charging or paying a fee. (e) "Person" means any natural person, firm, association, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer, employee, shareholder, or any of them. The term person also includes cities, special districts, and any other public or governmental entities or agencies, and their officers, employees and agents . ( f) Except as set forth in subsections (a) , (b) , (c) , (d) and (e) of this section, the definitions in the Code govern the construction of this ordinance, unless the context otherwise requires . In the case of any conflict between the definitions of this ordinance and the Code, this ordinance's definitions shall prevail . Words used in this ordinance not defined in this section or in the Code shall have the meanings ascribed to them in the California Integrated Waste Management Act of 1989, and the regulations adopted pursuant thereto, unless the context otherwise indicates. SECTION V. Violations and Punishment. (a) Infraction. A violation of this ordinance is an infraction and punishable, upon conviction, for each and every separate offense, in accordance with the provisions of chapter 14-8 of the Code. (b) Civil Enforcement. In addition to the penalties provided in subsection (a) of this section, this ordinance may be enforced by civil action in accordance with the provisions of chapter 14-6 of the Code. SECTION VI. Urgency Declaration. This ordinance is an interim urgency measure authorized by state laws . The Board finds that the establishment of any new transfer or materials recovery facility as may be currently allowed constitutes a current and immediate threat to the public health, safety, and welfare. The facts constituting the urgency are that pursuant to the California Integrated Waste Management Act of 1989 (Pub. Resources Code S 40000 et seq. ) , the County and the cities are presently in the process of developing and obtaining state approval of a countywide integrated waste management plan and elements thereof, for the management of solid waste. The goal of developing and implementing the plan and elements is the reduction of the amount of waste that is required to be disposed of at a solid waste landfill. The Legislature has mandated a 25% reduction of landfilled solid waste by 1995, and a 50% reduction by the year 2000 . While the Board supports these waste reduction requirements, the Board also acknowledges that fulfilling these waste reduction requirements in a cost-efficient manner will require tremendous coordination and planning. In addition to and in furtherance of the County' s continuing efforts to meet waste reduction requirements in a cost effective manner, the County' s Planning Agency is contemplating additional new land-use ORDINANCE NO. 93- -2- regulations for the establishment of transfer stations and other solid waste facilities for the unincorporated area. If these . interim urgency provisions are not imposed, uses in conflict with the contemplated measures may result, irreversible uses may result to the detriment of the County's waste reduction efforts, and uses may occur which would frustrate any comprehensive solid waste-related land use regulations that may be adopted. 0 SECTION VII . Report. At least ten days before the expiration of this ordinance or any extension of it, the Community Development Department is directed to file with the Clerk of the Board a written report describing the measures taken to complete the contemplated new land-use regulations and to alleviate the condition which led to the adoption of this ordinance. SECTION VIII . Environmental Assessment. (a) Pursuant to section 15061 of the State and County CEQA Guidelines, the Board finds and declares that this ordinance is exempt from CEQA for the following reasons : ( 1) This ordinance is not a "project" within the meaning of section 15378 of the CEQA Guidelines, because the ordinance itself has no potential for resulting in a physical change in the environment. The purpose of this ordinance is to regulate, on an interim basis, the establishment of transfer stations and materials recovery facilities . (2 ) This ordinance is categorically exempt from CEQA under section 15308 of the CEQA Guidelines . This ordinance is a regulatory action taken by the County in the exercise of its constitutional authority and in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending the preparation and adoption of new solid waste facilities land-use regulations . (3) This ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs ( 1) and (2) of this paragraph, it can be seen with certainty, and the Board finds, that there is no possibility that this ordinance will have a significant effect on the environment; therefore, this ordinance is not subject to CEQA. (b) The Community Development Director is directed to file a notice of exemption for this ordinance, in accordance .with the provisions of section 15062 of the State CEQA Guidelines . SECTION IX. Effective Date. This ordinance becomes effective immediately upon passage and shall be operative for forty-five days (through April 9 , 1993) , pursuant to Government Code section 65858 . Within fifteen days after passage this ordinance shall be ORDINANCE NO. 93- -3- published once with the names of Supervisors voting for and against it in the a newspaper published in this County. PASSED ON February 23, 1993 by four/fifths vote of the Board, as follows : AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Deputy LTF:1 (2-19-93) 1tf.10.urgts.3d ORDINANCE NO. 93- -4-