HomeMy WebLinkAboutMINUTES - 12171996 - D11 t'
Or": BOARD OF SUPERVISORS
Contra
FROM: HARVEY E. BRAGDON - Costa
DIRECTOR OF COMMUNITY DEVELOPMENT - County
DATE: DECEMBER 17, 1996 11Y
SUBJECT: COUNTY PLANNING COMMISSION RECOMMENDATIONS REGARDING THE
BOARD OF SUPERVISORS REFERRAL OF MODIFICATIONS TO CHAPTER 84-63
(LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS
MATERIALS AND/OR HAZARDOUS WASTES)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. ACCEPT public'testimony as may be offered; and
2. CONTINUE the public hearing on the proposed ordinance to an appropriate.
date and time.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On December 10, 1996, after taking testimony, the County Planning Commission
continued the public hearing on this referral to December 23, 1996. In the absence
of recommendations from the Planning Commission, staff recommends that the
Board of Supervisors consider continuing their hearing to a date and time after
December 23, 1996.
Staff has become aware of the inadvertent omission of a line of text from the
ordinance. The corrected text is highlighted on Attachment A. Staff will bring this
correction to the attention of the Planning Commission at the meeting of December
23, 1996. The Board of Supervisors may wish to consider directing the Clerk of the
Board to make the change as indicated in the Attachment to the Ordinance as
introduced.
CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE
ACTION OF BOARD ON December 17 1996 APPROVED AS RECOMMENDED OTHE _
IT IS BY THE BOARD ORDERED that the above matter is CONTINUED to December 30, 1996
at 9 A.M. in the Board chambers; and the Clerk is DIRECTED to make the change as
indicated in the Attachment to the Ordinance as introduced. (Attachment B is the -
changed copy of page 10)
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_ UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: L9L- ,R NOES: IF AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Dennis M. Barry (510/335-1210) ATTESTED December 17, 1996
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
County Counsel AN COUNTY ADMINISTRATOR
GMEDA
Health Services Director o
BY4' , DEPUTY
DMB.-Csp17\bo\Naz12-17.Rpt
AttachMeht A
(e) A major maintenance project at a facility not covered by a Public Safety
Agreement provided that the facility has neither had three serious incidents as defined in
Section 84-63.421(a) nor any major incidents as defined in Section 84-63.421(b) within
five (5) years prior to the time the major maintenance project schedule notification is
submitted to the department. The major maintenance project must commence within six
months of the notification.
(f) Emergency repairs to or replacement of equipment damaged in an explosion,
fire or other unexpected event. Such repairs and replacements must be required in order
to resume operations. These emergency repairs and replacements are excluded from the
provisions of section 84-63.421.5. Emergency repairs and replacements are subject to the
following conditions:
(1) the repaired and replaced equipment is used for the same purpose as
the damaged equipment,
(2) the replaced equipment does not have a higher hazard score than the
original equipment, with both the old and new being scored as new
equipment,
(3) the repaired or replaced equipment'will not handle a higher hazard
category of chemicals than the original equipment,
(4) repairs and replacements are commenced within 30 days after
release of the damaged area by an investigating agency.
(g) A major maintenance project at a facility covered by a Risk Management Plan
(RMP) in compliance with Section 112(r) of the Clean Air Act, its implementing regulations
and State Health WW
.......::::.:::
Prevention Program (RMPP) in compliance with Health and Safety section 25536.5,
provided:
(1) For purposes of the RMP or RMPP, all materials and wastes
classified as Hazard Category A or B under this ordinance shall be deemed
to be "regulated substances," except that for materials and wastes without
a threshold quantity specified in state or federal law or regulation, the
threshold quantity shall be 10,000 pounds;
(2) The RMP or RMPP has been reviewed and approved by the HSD
within three years prior to the time the major maintenance project application
is submitted to the Department;
(3) The RMP or RMPP includes any measures which the HSD has
determined, after at least a 45-day public comment period, are
reasonably necessary, taking into account technological feasibility and
cost effectiveness, to make the RMP or RMPP effective to protect the
ORD. 96-
-10-
(e) A major maintenance project at a facility not covered by a Public Safety �
Agreement provided that the facility has neither had three serious incidents as defined
in Section 84-63.421(a) nor any major incidents as defined in Section 84-63.421(b)
within five (5) years prior to the time the major maintenance project schedule
notification is submitted to the department. The major maintenance project must
commence within six months of the notification.
(f) Emergency repairs to or replacement of equipment damaged in an
explosion, fire or other unexpected event. Such repairs and replacements must be
required in order to resume operations. These emergency repairs and replacements
are excluded from the provisions of section 84-63.421 .5. Emergency repairs and
replacements are subject to the following conditions:
(1) the repaired and replaced equipment is used for the same purpose
as the damaged equipment,
(2) the replaced equipment does not have a higher hazard score than
the original equipment, with both the old and new being scored as new
equipment,
(3) the repaired or replaced equipment will not handle a higher hazard
category of chemicals than the original equipment,
(4) repairs and replacements are commenced within 30 days after
release of the damaged area by an investigating agency.
(g) A major maintenance project at a facility covered by a Risk Management
Plan (RMP) in compliance with Section 112(r) of the Clean Air Act, its implementing
regulations and State Health and Safety Code Chapter 6.95, Article 2, or a Risk
Management and Prevention Program (RMPP) in compliance with Health and Safety
section 25536.5, provided:
(1) For purposes of the RMP or RMPP, all materials and wastes
classified as Hazard Category A or B under this ordinance shall be deemed
to be "regulated substances," except that for materials and wastes without
a threshold quantity specified in state or federal law or regulation, the
threshold quantity shall be 10,000 pounds;
(2) The RMP or RMPP has been reviewed and approved by the HSD
within three years prior to the time the major maintenance project
application is submitted to the Department;
(3) The RMP or RMPP includes any measures which the HSD has
determined, after at least a 45-day public comment period, are reasonably
necessary, taking into account technological feasibility and cost
effectiveness, to make the RMP or RMPP effective to protect the
ORD. 96-
- 10-
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