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HomeMy WebLinkAboutMINUTES - 12131994 - 1.85 �":00 To: BOARD OF SUPERVISORS FROM: Mark Finucane, Health Services Director , 'j ;. Contra Costa DATE: November 29, 1994 County sUBJEcr: INTERJURISDICTIONAL AGREEMENT (IJA) AMONG COUNTIES IN THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) REGION RESOLUTION SPECIFIC REQUFST(S)OR RECOMMEHDATiON(S)&BACKGROUND AND JUSTIFICATION - NO. 94/646 RECOMMENDATION: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute on behalf of the County .an. Interjurisdictional Agreement among the counties in the ABAG Region, superseding Resolution 91/844 adopted on December 10, 1991, providing for the allocation of responsibility to various counties of certain hazardous waste facilities to insure that all types of hazardous wastes are able to be treated or disposed of within the ABAG Region. FISCAL IMPACT: None BACKGROUND: As a result of legislation enacted in 1986 (AB2948 (Tanner)), counties were authorized to develop hazardous waste management plans for the management of all hazardous waste generated in the county. These plans were to designate general areas for the siting of hazardous waste facilities within the county. The law also established, for the first time, a mechanism under which a local land use decision could be appealed to a state Appeals Board. In deciding an appeal, a state Appeals Board would determine whether the proposed hazardous waste management facility was consistent with the county HWMP as well as the overall state capacity needs for that type of facility. On June 19, 1989, this County approved its HWMP after having garnered approval of the majority of cities with the majority of the population in the county in accordance with the approval procedures outlined in AB2948. In 1990, the Association of Bay Area Governments (ABAG) formed a Hazardous Waste Management Capacity Allocation Committee (Committee), of which this county is a member. The Committee developed a"Capacity Allocation Plan" (CAP) dated August 28, 1991 which assigns future hazardous waste facility types to each county based upon the current and projected unmet need for hazardous waste facilities within the region and each county. The goal of the CAP is for Bay Area counties to share the responsibility for siting hazardous waste management facilities within the region. The CAP projects the hazardous waste management facility needs of the region through the year 2000. In addition, the plan indicates each county's current contribution to hazardous waste management based on the capacity of existing facilities sited within that county. Based on a comparison between the future need and the current capacity, the report estimates that the Bay Area region will have 190,000 tons of capacity deficit by the year 2000. Using the available data, the report allocates to each county the responsibility for meeting the future capacity needs of the region by hazardous waste facility type. This allocatio has been termed the "fair share" allocation and is the basis for the allocations indicated iX�r ph 4 o the attached UA. CONTINUED ON ATTACHMENT: YES SIGNATURE / 1 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER S I Q N AT Q R E t 4,*4 ACTION OF BOARD ON December 13 , 1994 APPROVED AS RECOMMENDED X OTHER The Board also approved the recommendation of the Hazardous Materials VOTE OF SUPERVISORS Commission. 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 Person: Elinor Blake (370-5022) December 13 1 CC: Phil Batchelor ATTESTED .1 9 9 4 ABAG (via HSD) PHIL BATCHELOR,CLERK OF THE BOARD OF Vic Westman,County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Health Services Director Hazardous Materials Commission (via HSD) BY ;Q. �D. ����,.� , DEPUTY t� l RESOLUTION NO. 94/646 2 BACKROUND: (continued) The Committee developed an IJA providing for that allocation, which was approved by this Board on December 10, 1991. That IJA was recently rejected by the California Department of Toxic Substances Control (DTSC). The attached revised IJA was negotiated by the Committee on October 28, 1994. It supersedes and replaces any other IJA previously approved by the County or mentioned in the County HWMP. DTSC has guaranteed each county adopting this revised IJA an approved HWMP. Though this county's HWMP has already been approved, most other counties' plans have not been approved. This county's HWMP includes the following language which incorporates the IJA by reference: "[i]t is the policy of the County that the fair share language contained in this Plan is only operative in conjunction with interjurisdictional agreements". To meet the deadline agreed upon with DTSC, the ABAG Committee has requested counties to adopt the revised IJA with all deliberate speed. The Hazardous Materials Commission (HMC) reviewed the IJA on December 8, 1994 and on January 5, 1995 the IJA will be considered by the Mayors Conference. BOARD OF SUPERVISORS r,r . FROM: Leslie M. Stewart, Chair Contra Hazardous Materials Commission '� �w' ' Costa County DATE: December 1, 1994 SUBJECT: INTERJURISDICTIONAL AGREEMENT (IJA) AMONG COUNTIES IN THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) REGION SPECIFIC REQUEST(S)OR RECOIYIMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute on behalf of the County and Interjurisdictional Agreement among the counties in the ABAG Region, superseding Resolution 91/844 adopted on December 10, 1991, providing for the allocation of responsibility to various counties of certain hazardous waste facilities to insure that all types of hazardous wastes are able to be treated or disposed of within the ABAG Region. In addition, recommend to the ABAG Hazardous Waste Capacity Allocation Committee that the Committee add a preamble to the IJA placing it in the context of protecting public health and the environment. BACKGROUND: The Hazardous Materials Commission was active in the development of the original IJA through our representation on the Association of Bay Area Governments (ABAG) Hazardous Waste Capacity Allocation Committee, which drafted the IJA. We supported adoption of the IJA when it was submitted to the Board in December 1991. The Commission acknowledges the need for the amended version developed by ABAG due to concerns raised by the California Department of Toxic Substances. The Commission firmly believes in a strong "fair share" provision in the IJA that allocates hazardous waste facilities based on counties' current contributions to hazardous waste management and an analysis of future capacity needs. Adoption of the IJA by the Board and by the other counties will enhance the prospect of implementing our Hazardous Waste Management Plan. Each of the Bay Area counties' plans is a building block toward strengthening fair share provisions in the region. The revised IJA supersedes and replaces any other IJA previously approved by the County in connection with its Hazardous Waste Management Plan or mentioned in that Plan. The Commission believes the IJA would be improved by the addition of a preamble that sets the context of the agreement in the need to protect public health and the environment. The current IJA refers to goals related to reducing hazardous waste but does not refer back to the root reason for establishing those goals. CONTINUED ON ATTACHMENT NO SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): &-6�?Ah .1e Gyd ACTION OF BOARD ON December 135, 1994 APPROVED AS RECOMMENDED X OTHER X APPROVED the recommendation and ADOPTED Resolution No . 94/646 . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX 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 Person: Elinor Blake (370-5022) ATTESTED December 13.91994 CC: Phil Batchelor ABAG (via HSD) PHIL BATCHELOR,CLERK OF THE BOARD OF Vic Westman,County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR By Deputy I:OfJ51 002— W ITH gJ + CONTRA COSTA COUNTY HAZARDOUS MATERIALS COMMISSION MEMBERS: Pam Aguilar Maria Alegria Scott Anderson Gayle Bishop Henry Clark Paul De Falco Sabiha Gokcen Marge Leeds Thomas Lindemuth Mike Shimansky Leslie Stewart Pete Williams December 9, 1994 Elinor Blake, Executive Assistant MEMO TO: Board of Supervisors FROM: Elinor Blake, Executive Assistant Hazardous Materials Commission SUBJECT: December 13 Board Agenda Item 1.85 At its meeting last night, the Hazardous Materials Commission voted to add a recommendation to the Board concerning item 1.85 on the consent calendar for the December 13th Board meeting. Please substitute the accompanying revised Board Order for the one from the Commission that is in your meeting packet. (The addition regards a recommendation to ABAG to add a preamble to a document that the Commission is recommending the Board approve.) Thank you. Contra Costa County Health Services Department,20 Allen St., Martinez, CA 94553 (510) 370-5022 FAX (510) 370-5098 IJA, Page 1 of 4. HAZARDOUS WASTE MANAGEMENT PLANNING INTERJURISDICTIONAL AGREEMENT (IJA) between MEMBER COUNTIES OF THE SAN FRANCISCO REGIONAL HAZARDOUS WASTE MANAGEMENT CAPACITY ALLOCATION COMMITTEE This agreement is executed between each of the member counties of the Bay Area Regional Hazardous Waste Management Capacity Allocation Committee (Committee). Effective September 1994 the member counties are Alameda, Contra Costa, Marin, Napa, San Mateo, San Francisco, Santa Clara, Solano and Sonoma. WHEREAS, the State of California authorized Counties to prepare Hazardous Waste Management Plans (Plans); and WHEREAS, the member counties accept responsibility for planning for the proper management of hazardous waste generated within each of their jurisdictions according to the Fair Share principle; and WHEREAS, the nine San Francisco Bay Area counties (member counties) have executed a memorandum of understanding (MOU) to create the Committee; and WHEREAS, the Committee, it's Technical Advisory Sub-committee, and county staff have worked for several years on developing the recommendations contained herein; and WHEREAS, the Committee's highest priorities are pollution,prevention and hazardous waste minimization as evidenced by the pollution prevention programs and activities of member local governments. The Committee endorses reduction of hazardous waste at the source rather than managing it after its generation through implementation of the following hazardous waste management hierarchy: 1) source reduction; 2) recycling; and 3) waste treatment; and WHEREAS, the MOU gives the Committee the responsibility to negotiate intercounty agreements with counties having excess hazardous waste management capacity with member counties as well as with non-member counties; and WHEREAS, the Committee has developed a method to implement the allocation of responsibility for providing hazardous waste management capacity among the member counties based upon the Fair Share principle as set forth in the Committee Report dated August 28, 1991 (Report); moucom94\ijares.930 IJA, Page 2 of 4. NOW, THEREFORE, BE IT RESOLVED, that each of the parties hereto agrees to the following: 1.` The member counties accept and approve the findings and conclusions of the Report which establishes the fair share method for allocation of responsibility to provide hazardous waste management capacity within the jurisdictional boundaries of the member counties. 2. Each member county has incorporated by reference the hazardous waste management capacity allocation provisions of this IJA and Report into their approved Plan. 3. Each member county agrees to provide siting opportunities, consistent with their Plan, for treatment or disposal capacity as set forth in the Report. 4. Each member county agrees to the initial fair share allocation of responsibility to provide siting opportunities as described in the Report and summarized below as follows: Santa Clara Residuals Repository Capacity Contra Costa Incineration Capacity Sonoma Stabilization Capacity Solano Aqueous Metals Treatment Capacity Alameda Other Recycling Capacity Napa Other Recycling Capacity Marin Other Recycling Capacity San Mateo and San Francisco" No allocation San Mateo and San Francisco have met their fair share responsibility pursuant to the criteria set forth in the Report. 5. Each member county agrees to revisions of the initial allocation of responsibility as set forth in paragraph 4 hereof pursuant to the methodology outlined in the Report (dated August 28, 1991). 6. Each member county agrees that the Report as dated August 28, 1991, and as periodically updated by the Committee, will result in reasonable hazardous waste management facility IJA, Page 3 of 4. siting opportunities that are based on realistic considerations of siting constraints and other restrictions in each county's Plan. 7.. Each member county agrees that a project proponent interested in siting a hazardous waste management facility to manage any type of hazardous waste, with any type of treatment and/or disposal methodology, and with any capacity may apply for local land use approval in any county, or city in a county, that is signatory to this IJA. Neither the Report nor this IJA preclude a project proponent from applying to any county, or city in a county, to site a hazardous waste management facility. . 8. Each member county agrees, upon application, that every proponent of a hazardous waste management facility project will be advised of the existence of the IJA and the Report. In addition, the lead land use agency will provide the project proponent with materials that explains the application and review process. 9. Each member county agrees that a determination of consistency of a hazardous waste management facility application with the approved county Plan will be found following acceptance and review of the applitation.� The) consistency determination will be made by the local land use control body having approval authority for that type of project, as identified in the applicable land use codes, charters, ordinances and resolutions of the jurisdiction. 10. Each member county agrees that such determinations of consistency for an approved project will be made in accordance with California Health & Safety Code section 25135.4. 11. Each member county agrees that any determination of inconsistency can be appealed through the appeals process as specified in California Health & Safety Code sections 25199.9 and 25199.11. IJA, Page 4 of 4. 12. Each member county agrees that this IJA and the Report shall be considered by the lead land use agency, and should r; be considered by the Appeals Board as constituted pursuant to California Health & Safety Code section 25199.10, as evidence of alternative locations for hazardous waste facility projects pursuant to California Health & Safety Code section 25199.11(f)(4); and as evidence of consistency with statewide, regional, and county hazardous waste management policies, goals and objectives pursuant to California Health & Safety Code section 25199.11(f)(5). 13. Each member county confirms that this IJA is identical to the IJA as proposed by the Committee without any change in the proposed language. Therefore, this agreement may be executed in any number of counterparts and each such counterpart shall, for all purposes, be deemed an original, and all such counterparts shall together constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have authorized this Interjurisdictional Agreement to be executed effective the date set forth above. DATE: December 13, 1994 COUNTY OF Contra Costa �Chairperson�� 413oyarrdof Supervisors ATTEST: Clerk of-the Board Approved as to legal form and content: County Counsel DEPUTY CO' NT'r CUUN$Gl CONTRA COS COUNTY, CALIF,