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Home My WebLink AboutMINUTES - 11121996 - D5 D.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 12, 1996, by the following vote: AYES: Supervisors Rogers, Bishop and Smith NOES: Supervisors De Saulnier and Torlakson ABSENT: None ABSTAIN: None SUBJECT: Modifications to County Code Chapter 84-63 (Land Use Permits for Development Projects Involving Hazardous Materials and/or Hazardous Wastes) Dennis Barry, Community Development Department, presented the attached report regarding the modifications to County Code Chapter 84-63 (Land Use Permits for Development Projects Involving Hazardous Materials and/or Hazardous. Wastes). The following persons commented on the issues: Donald R. Brown, 1801 Sonoma Boulevard #117, Vallejo; S. M. Skaggs, Coalition for Jobs and Safety, Box V, Walnut Creek; Kevin Smith, 890 Granada Lane, Vacaville; Don Zampa, 146 Old County Road, Tormey; Howard Verrinder, 6340 Hillside Drive, El Sobrante; David Nesmith, Sierra Club, 2530 San Pablo, Berkeley; Jeffrey R. Dodge, Oil Chemical and Atomic Workers Union, P. O. Box 308, Martinez; Denny Larson, 500 Howard #500, San Francisco; Eric Lewis, 2312 "L" Street #7, Antioch; Mike Morelli, Interstate Scaffold Insulation, 2828 Lucena Way, Antioch; and Tom Adams, Building Trades Council, 651 Gateway Boulevard, #900, South San Francisco. All persons desiring to speak were heard, and Supervisor Torlakson stated that the process of adopting the proposed ordinance was rushing forward without affording an opportunity to either the County Planning Commission or the Hazardous Materials Commission for weighing the issues and reporting back to the Board of Supervisors as they had been directed. The Board had further discussion and took the following actions: 1. ACCEPTED the report of the Community Development Director regarding the modifications to Ordinance 96-20; 2. REINTRODUCED and WAIVED reading of the ordinance relative to County Code Chapter 84-63 (Land Use Permits for Development Projects Involving Hazardous Materials and/or Hazardous Waste [Attachment A]), with the following amendments to Page 5 of "Attachment A" County Code Chapter 84-63.421 (a): A. AMENDED Section (1): Delete the words "and/or" and replace with "provided that" and change "direction issued" to "direction is issued". Page I of 2 D.5 November 12, 1996 B . ADDED Section (5) to read: "An explosion which results in off site property damage from the blast pressure or explosion debris." C. ADDED Section (6) to read: "Payment of a fine or civil penalty of at least five thousand ($5000) dollars arising out of or related to the off site release of hazardous materials or hazardous waste to the Bay Area Air Quality Management District (BAAQMD)." and D. ADDED Section (7) to read: "A release where the reportable quantity is twice the reportable quantity required under Section 304 of the Federal Emergency Planning and Community Right to Know Act or Section 25507 of the California Health and Safety Code and where notification is made under Section 304 or Section 25507." 3. DECLARED INTENT to adjourn the November 19, 1996, Board of Supervisors meeting to November 26, 1996, at 7:30 P.M., to observe and study the Contra Costa County Planning Commission proceedings scheduled at that time. 4. DIRECTED the Contra Costa County. Planning Commission to report to the Board of Supervisors and make recommendations on the ordinance reintroduced on this day within forty (40) days and DIRECTED staff to notify the Contra Costa County Planning Commission of this direction; and 5. CONTINUED to Monday, December 2, 1996, at 9:00 A.M., the second reading and consideration of adoption of the ordinance reintroduced on this day, the Contra Costa County Planning Commission's report, and further hearing on the proposed ordinance. I hereby certify that the foregoing 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: November 12 1996_ Phil Batchelor, Clerk of the Board of Supervisors and County Administrator OhristineW4ampler, Clq0Wk cc: Community Development Department Contra Costa County Planning Commission (via CDD) County Administrator County Counsel GMEDA Health Services Director Hazardous Materials Commission (via HSD) Page 2 of 2 D.S TO: BOARD OF SUPERVISORS .' �; Contra Costa FROM: HARVEY E. BRAGDON - C011rlty. DIRECTOR OF COMMUNITY DEVELOPMENT � "y DATE: NOVEMBER 12, 1996 SUBJECT: MODIFICATIONS TO COUNTY CODE 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 the report of the Director of Community Development regarding the modifications to Ordinance 96-20. 2. OPEN the Public Hearing on the proposed ordinance, take public testimony and DETERMINE -an appropriate date to which to continue the public hearing on the adoption of the ordinance FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On November 5, 1996, the Board introduced an Ordinance replacing the subject Chapter of the County Code, with certain modifications. Attachment "A" reflects the ordinance as introduced. CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE ACTION OF BOARD ON APPROVED AS RECOMMENDED _OTHER VOTE OF SUPERVISORS EREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Dennis M. Barry (510/3 -1210) ATT ED cc: Community Developm Department (CDD) HIL BATCHELOR, CLERK OF County Administr T OARD OF SUPERVISORS County Coun AND C NTY ADMINISTRATOR GMEDA Heal ervices Director BY , D TY DMB- s p o\11-12Rpt.HAZ Modifications to County Code Chapter 84-63(LUP for Development Projects Involving Hazardous Materials And/Or Hazardous Wastes) Page 2 The Board also directed the County Planning Commission to report on the proposed ordinance by November 12, 1996. The Planning Commission, at its meeting of November 5, 1996, continued consideration of the ordinance until November 26, 1996. Since the Planning Commission has not yet provided its recommendations, staff is recommending that the Board open the hearing as scheduled, take any testimony offered and continue the matter to a date certain, to be determined by the Board of Supervisors. a t a Atent „a•• ORDINANCE NO. 96- (Amending Ordinance Requiring Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material. This ordinance repeals Chapter 84-63, added by Ordinance No. 96-20, and adds a new Chapter 84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84- 63.12 of Chapter 84-63, as added by this ordinance, sets forth revised criteria for land use permits for development projects involving ha�ardous waste or hazardous material which encourages business and other entities, in-planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 provide for additional public safety by requiring land use permits for a broader range of development projects which couldadversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, renumbered and readopted in its entirety as Article 84-63.14 by Ordinance No. 96-20, is unchanged. ECTIOIN 11. Chapter 84-63 of the County Ordinance Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92, 90-73 and 96-20, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION III. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article 84-63.2 Gpna I g4-6� Pt,rprise. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use permits for ORD. 96- Proposed Revisions November 7, 1996-V3 -1 - a • 1 ' r development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.204 Onnfliot. This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-20 § 3, 86-100.) Article 84-63.4 Definitinns 84-63.402 Gpnpral. As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-20 § 3.) 84-63.404 "Raseline Perind." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-20 § 3.) 84-63.406 "Change-in-risk proiert." A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96-20 § 3.) 84-63.408 "Commercial property," "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the following: regional commercial, airport commercial, office, and business park. (Ord. 96-20 § 3.) 84-63.410 "Development p_rniiprt." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure,' or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months. ORD. 96- Proposed Revisions November 7, 1996-V3 -2- a r • \ JJJJJ'///)� T (b) A "development project" does not include: (1) Pipelines and related equipment more than 300 feet from commercial or residential property. Related equipment includes, but is not limited to, items such as valves, fittings, pipe supports, insulation, instrumentation, corrosion protection systems, heat tracing systems, teak containment systems and fire protection systems. Related equipment does not include storage tanks, storage vessels, process units or plants, mechanical rotating equipment (pumps, compressors, motors, turbines, internal combustion engines, etc.) and fired equipment (furnaces, boilers, incinerators). However, the Zoning Administrator may determine, at their sole discretion, that minor equipment defined above as not related is exempt .from the ordinance. (2) Any project other than a major maintenance project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased. (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes, provided the transportable treatment unit will be located on site for a maximum time limit of one year. The Director of Community Development will have the authority to grant a one time one year extension if the applicant can demonstrate to the satisfaction of the Director that the unit is temporary. Otherwise, a land use permit will be required if the unit will remain on site beyond the time limit specified above. (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other government agency with jurisdiction over the project. The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.412 "Dispose.." "Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (Ords. 96-20 § 3, 86-100.) 84-63.414 "Equipment." "Equipment" means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-20 § 3.) ORD. 96- Proposed Revisions November 7, 1996-V3 -3- i D, s7 R4-63.416 "Facility.- "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right-of-way, as defined in section 1002-2.002 of this Code) under common ownership or control. (Ord. 96-20 § 3.) 84-63-418 "Hazardoins material." "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-20 § 3, 86-100.) 84-63.420 "Hazardmis waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristic may either: , (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (2) A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health & Safety Code section 25141. (b) "Hazardous waste" includes, but is not limited to, federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. 96-20 § 3, 86-100.) ORD. 96- Proposed Revisions November 7, 1996-V3 -4- a r s 1 t 84-63.421 (a) "Serious Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: (1) Activation of the CCCHSD Community Alert Network system and/or a shelter-in-place direction issued to potentially threatened populations by the CCCHSD or other public emergency response officials; (2) The evacuation of a school, or other public facility, residential dwelling or business in response to a direction issued to potentially threatened populations by the CCCHSD or other emergency response officials or closure of an offsite street, highway, freeway, or bridge, except where such closure is solely for crowd control or emergency vehicle; (3) A large fire which was not contained for more than two hours; and (4) Physical injury or physical illness affecting two persons resulting in overnight hospitalization, or physical injury or physical illness affecting three to nine persons who were seen for medical treatment by a medical doctor. (b) "Major Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the offsite release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: (1) The death of one or more persons, physical injury or physical illness affecting three or more persons resulting in overnight hospitalization, or physical injury or physical illness effecting 10 or more persons who were seen for medical treatment by a medical doctor. 84-63.421-5 "M1jnr Maintenance Project." A major maintenance project is the scheduled, periodic. cleaning, inspection, repair of process units, piping, or process or storage vessels which handles hazardous materials or hazardous waste. The maintenance will also require that the,unit be temporarily taken out of service for more than two (2) weeks, provided that the cost of the maintenance work is $1 million or more. The $1 million will exclude the costs of overhead, planning, engineering, and other pre-construction costs. ORD. 96- Proposed Revisions November 7, 1996-V3 -5- a t • 84-63-422 "MngE," "Manage" means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste. (Ords. 96-20 § 3, 86-100.) 84-63.423 "Prncess Unit", "Process unit means any equipment or structures containing an activity involving a hazardous chemical or waste including any use, storage, manufacturing, handling, or the on-site movement of such chemicals, or combination of these activities. For purposes of this definition, any group of vessels which are interconnected shall be considered a single process. 84-63.424 "P�r .jert D_pssnriptinn," "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score: (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located; (b) An area map showing the facility in relationship to the surrounding community; (c) A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility; and d) A summary of the baseline data for all five years and a justification for the selection of the representative baseline year of data used in the calculation of the hazard score. The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) through (d), above. (Ord. 96-20 § 3.) 84-68-425 "Puhlicr Safety A fire _ment_" A Public Safety Agreement is an agreement between the County and a facility providing standards, procedures, and inspections to assure that the facility,protects public and worker safety and the . environment from accidents due to material failure, mechanical or equipment failure, failure to adhere to practices and procedures, off-site events, and human error and providing measures to promote a strong and balanced County economy. A Public Safety Agreement shall address, at a minimum, the following: ORD. 96- Proposed Revisions November 7, 1996-V3 -6- a i • (a) A commitment to use the best technology for safety improvements; (b) Permission for the County to enter the premises for inspections; (c) Specify changes in operations and facilities included in the maintenance projects; (d) Commitment to do and publicize design safety review; (e) The Public Safety Agreement should provide a range of dates for maintenance; these dates may be extended by the County for the purpose of assuring state fuel supplies; and (f) Provisions that would permit the completion of necessary work discovered to be necessary in the course of a major maintenance. 84-63.426 "Recid _wial oroppay". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-20 § 3.) 84-63.428 "Sensitive receptor," The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code section 1596.750. "School" means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-20 § 3.) 84-63.430 "Sure." "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-20 § 3, 91-49, 86-100.) $4-6�7 "Transport." "Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96-20 § 3, 86-100.) , ORD. 96- Proposed Revisions November 7, 1996-V3 -7- a r • C Article 84-63.6 Annlicahility g4-63.602 Applicahilit- Except as otherwise provided in this chapter, any person proposing a development project or a major maintenance project which might otherwise be allowed in any non-agricultural zoning district shall be subject to the provisions of this chapter. (Ords. 96-20 § 3, 86-100.) $4-63.604 Exemptions. The following projects and structures are exempt from the provisions of this chapter: (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. A facility claiming an exemption under this section, must file a copy of the enforcement order and proposed project description within thirty (30) days of receipt of the order. (b► If more than fifty percent (50%) of the value of a facility is destroyed or damaged by disasters such as earthquakes, floods, fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (BACT) or at least the same level of control that previously existed, whichever provides the greater level of protection to the public; (3) The rebuilt project has a hazard score fifty percent (50%) lower than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; ORD. 96- Proposed Revisions November 7, 1996- V3 -8- � r • 1 ►`,. (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage Hazard Category B materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than:. (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category B materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96-20 § 3, 90-92, 86-100.) (d) A major maintenance project covered •by a Public Safety Agreement entered into by the County and the facility within five years prior to the time the major maintenance project application is submitted to the department. (Ords. 96-_§3, 96-20, 90-92, 86-100) (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, ORD. 96- Proposed Revisions November 7, 1996-V3 -9- a r • 1 ' r, (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 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 environment and the health or safety of persons from potentially substantial risks; (4) The facility has been subjected to an annual audit by the HSD to determine compliance with the RMP and RMPP, and measures required by the HSD pursuant to subparagraph 3 above of this subsection, and the facility has implemented, or has agreed to implement within a reasonable time period, all corrective measures required by the HSD; and (5) There has been an opportunity for any member of the public to obtain review of any determinations by the HSD by the County Board of Supervisors. (h) A development project or major maintenance project for which construction has commenced prior to June 1, 1997, and is completed by January 1, 1998. ORD. 96-_ Proposed Revisions November 7, 1996- V3 -10- $4-63.606 Fxemption. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section, 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-20 § 3, 86-100.) Article 84-63.8 Standards and Procedures $463.802 Applicatinn for Applicahility Determinatinn; Fxpmption. Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a) or (b) or 84-63.606. Projects exempt under section 84-63.604(c), (d) and (f) are not required to submit an application pursuant to this section. If the hazard score of a project is 49 or less and the project does not increase the amount of hazardous waste or hazardous material managed as compared to the baseline of the last three years, a determination of non- coverage and an application therefor are not required. The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, transportation routes, and the five-year baseline data. The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-20 §3, 91-49, 90-92, 86-100.) 84-63.804 Application, R .vi .w, Determination. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination that a land use permit is required pursuant to section 84-63.1002. (Ords. 96-20 § 3, 90-92.) R ORD. 96- Proposed Revisions November 7, 1996-V3 1 � I 4, X6,3 806 Determination of nnn-cnvPraae. Upon determining that a proposed project has a hazard score up to and including 59 or that the project is exempt pursuant to section 84-63.604 or 84-63.606, the Community Development Director shall issue a determination of non-coverage or exemption. A determination of non- coverage for projects with a hazard score between 50 and 59 inclusive, means that the project is not subject to the requirements of article 84-63.10, but is subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 49 and projects which are exempt pursuant to sections 84-63.604 and 84-63.606 are not subject to the requirements of sections 84-63.808 and 84-63.810. (Ord. 96-20 § 3.) 8463-808 Determinatinns - Puhlic Notice. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-20 § 3, 91-49, 90-92, 86-100.) $463.810 Determinstinns - Further Puhlic Notice. For projects with a point assignment between 50 and 59, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community Development Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed. (Ords. 96-20 § 3, 91-49, 90-92.) 8463-812 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-20 § 3, 86-100.) ORD. 96-_ Proposed Revisions November 7, 1996-V3 -12- a r • Ar ir_le 84-65.10 Land Llse Permits - When RPatjired A4-AI-1002 Hazard Scores Permit ReguirPd. Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required .for a development project proposed for the management of hazardous material and/or hazardous. waste if the development project obtains a hazard score of 60 or more pursuant to the formula set forth in section 84-63.1004, or for a major maintenance project, subject to the provisions of this article. (96-20 § 3.) $4-63.1004 Hazard .Sr.nrP. (a) Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula: UT + C + P) x HI + D + A + R; where the following symbols have the following designations: "T" refers to the point assignment for "Transportation Risk"; "D" refers to the point assignment for "Community Risk - Distance from Receptor"; "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; "P" refers to the point assignment for "Facility Risk - Size of Project - Percent Change"; and "H" refers to the point assignment for "Hazard Category of Material or Waste." "R" refers to the "incident record" of the facility. (b) Prniast Hazard Score. If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used. (c) Point Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: - ORD. 96-_ Proposed Revisions November 7, 1996-V3 -13- D , 5 TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7 Rail - (>25% increase or new) 6 Rail - (>5 - 25% increase) 5 Ship - (>5% increase) 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 COMMUNITY RISK Distance of project from receptor (D): 0-300 feet 30 >300 - 400 feet 29 >400 - 550 feet 28 >550 - 700 feet 27 >700 - 900 feet 26 >900 - 1200 feet 25 > 1200 - 1500 feet - 24 . > 1500 - 1800 feet 23 > 1800 - 2100 feet 22 ORD. 96- Proposed Revisions November 7, 1996-V3 - 14- � r • t >2100 - 2500 feet 21 >2500 - 2800 feet 20 >2800 - 3200 feet 19 >3200 - 3500 feet 18 >3500 - 3800 feet 17 >3800 - 4000 feet 16 >4000 - 4200 feet 15 >4200 - 4500 feet 14 >4500 - 4800 feet 13 >4800 - 5400 feet 12 >5400 - 5700 feet 11 >5700 - 6000 feet 10 >6000 - 6500 feet 9 >6500 - 7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600 feet 6 >8600 - 10,000 feet 5 > 10,000 - 11,000 feet 4 > 11,000 - 12500 feet 3 > 12,500 - 14,000 feet 2 > 14,000 - 15,840 feet 1 . R ORD. 96- Proposed Revisions November 7, 1996-V3 -15- a • Tvpe of rere tnr (C): Sensitive receptor 7 Residential Property 5 Commercial Property 4 FACILITY RISK: S17F OF PRO-IFCT Total Amount of change, tons (Conversion to tons; 1 ton = 2000 pounds) (A): >40,000 30 >32,000 - 40,000 29 > 18,000 - 32,000 28 > 10,000 - 18,000 27 >6,000 - 10,000 26 >4,000 - 6,000 25 >2,100 - 4,000 24 > 1,200 - 2,100 23 >750 - 1,200 22 >400 - 750 21 >200 - 400 20 > 150 - 200 19 >90 -150 18 >50 - 90 17 >30 - 50 16 >20 - 30 15 ORD. 96- Proposed Revisions November 7, 1996-V3 -16- a a • > 10 - 20 14 >6 - 10 13 >4 - 6 12 >2 - 4 11 > 1 - 2 10 >0.8 - 1 9 >0.5 - 0.8 8 >0.35 - 0.5 7 >0.25 - 0.35 6 >0.20 - 0.25 5 >0.18 - 0.20 4 >0.14 - 0.18 3 >0.12 - 0.14 2 >0.10 - 0.12 1 no change (0.10 or less) 0. P _r _ _nt Chana _ (P) New 6 >200% 5 > 100% - 200% 4 >50% - 100% 3 > 10% - 50% 2 > 1 % - 10% 1 0% - l % 0 ORD. 96- Proposed Revisions November 7, 1996-V3 -17- a r • HAZARD CATEGORY OF MATERIAL (H) Category A 5 Category B 3 Category C 1 RECORD OF INCIDENTS (R) >3 5 2 3 1 2 0 -5 (d) Credit for reductinns nr projects to he Closed. A development project that would have a hazard score of 60 or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will .concurrently close another project or reduce its operations and finds that all of the following criteria are met: (1 ) The project to be closed or reduced is in the same facility in which the development project is proposed. (2) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which period the production schedule has been reflective of a normal production schedule; (3) The project to be closed or reduced is the direct result of the proposed development project; (4) The project to be closed or reduced has a higher hazard score than the proposed development project; (5) The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and ORD. 96-- Proposed Revisions November 7, 1996-V3 (6) The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project to be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth in section 84-63.810. (e) Closure, redurt4nn required. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (96-20 § 3.) 84-63.1006 Detprmination of Transportatinn Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or larger) freeway shall be considered. If the route used in the County does not traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-20 § 3.) 84-63.1008 DetPrminatinn of Community Risk - DistanrP to RPrPpto_r. "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, ORD. 96-_ Proposed Revisions November 7, 1996-V3 commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-20 § 3.) B4-63.1010 Determination of Community Risk - Type of Rer_eptor. A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-20 § 3.) 84-63.1012 DPtPrmination of Prniprt Rick - Size. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004. The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used. The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96-20 § 3.) $4-63.1014 Determination of Proiect Risk - P _rc _nt Chanap. The percent change of a hazard category shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. 84-63.1016 Determination of Hazard Cateanry. (a) Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section. ORD. 96-_ Proposed Revisions November 7, 1996-V3 -20- a r • r, (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Hazardous Materials Tahle." From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is listed in 49 CFR 172.101 more than once, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material or waste or mixture is not referenced in 49 CFR 172.101, and the hazard category cannot be determined usin-g the primary method, refer to the materials safety data sheet for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his/her designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. (b) Exrhisinns. Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. (c) Hazard CatP�riPs, Hazard Category A Materials I. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). ORD. 96-_ Proposed Revisions November 7, 1996-V3 -21 - ' a r • D, r., III. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2). B. Water Reactive Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group 1 Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. VII. Poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). 2iard��B Materials Materials VIII. Flammable Liquids Class 3 Packing Groups I and 11 as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). ORD. 96- Proposed Revisions November 7, 1996-V3 -22- a • X. Oxidizers, D.O.T. Packing Group II Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required per 49 CFR 173.127(b)(2)(ii). XI. Flammable Gases Class 2, Division 2.1 as defined in 49 CFR 173.115(a). XII. Corrosives, D.O.T. Packing Group I or II Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). Hazard Category C Materials XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. XVI. Oxidizers D.O.T. Packing Group III Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). XVII. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c). (Ord. 96-20 § 3.) 8463.1018 Determination of Incident Record. The determination of a facility's record shall be made by determining how many incidents occurred at the facility during the three years immediately preceding the project application. (Ord. 96--§3.) , ORD. 96- Proposed Revisions November 7, 1996-V3 -23- a I • Article 84-63.12 Land Llse and Variance Permits 84-63.1202 Granting. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96-20 § 3, 86-100.) Article 84-63-14 Offsite Hazardnus Waste Facility Compliance With County Hazardous Waste Management Plan 8463-1402 Authnrity, This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-20 § 3, 90-73.) 84-63.1404 Definitions. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-20 § 3, 90-73.) ORD. 96- Proposed Revisions November 7, 1996-V3 -24- 84-63-1406 Cminty Hazardous Waste ManaaAmpnt, All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-20 § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) R4-63-1406 Fxclusion, The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. (Ords. 96-20 § 3, 90-73.) SECTION IV, INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84- 63.4, 84-63.6, 84-63.8, 84-63.10, and 84-63.12 of Chapter 84-63 by Section II of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article 84-63.14 concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section II of this ordinance, and said provisions' subsequent readoption by Section III of this ordinance, are not intended to have any effect other than continuing the effect of said provisions. SECTION V- SEVERABILITY- This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION VI, PREEMPTION- Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. ORD. 96- Proposed Revisions November 7, 1996-V3 -25- a • RECTION VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LTF:bmw:df.31.ordhz626.96f [SEAL] ORD. 96-_ Proposed Revisions November 7, 1996-V3 -26- D5 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 7, 1996 TO: Board of Supervisors FROM: Dennis M. Barry, A CP Deputy Director SUBJECT: Modifications to Ordinance 96-20 (LUP's for Projects Involving Hazardous Wastes/Materials) On November 5, 1996, your Board directed the County Planning Commission to provide its recommendations on the subject ordinance by November 12, 1996. The Planning Commission continued the matter to November 26, 1996 after having been advised of the direction. The agenda for the Planning Commission had four major development project hearings consisting of 17 hearing items. At approximately 11:00 p.m., the Commission also continued the five items related to the Tassajara Meadows project (Kaufman and Broad, applicant) to December 10, 1996. Despite continuing those items, the Planning Commission concluded the hearing on Wendt Ranch at approximately 3:45 a.m. Wednesday the 6th. In the past two days we have been approached by several parties inquiring whether staff could notice and call a meeting of the Planning Commission prior to November 26, and by the applicants for Tassajara Meadows request to accelerate the hearing schedule. There are two reasons that we are unable to comply with these requests: 1. Staff does not have the authority to overrule the Planning Commission after it has taken an action to continue a matter in its jurisdiction to a date certain; and, 2. Even if the Commission were willing to move the meeting forward one week, there is insufficient opportunity to publish the ten days legal notice required by statute, or mailing of the 300-foot notices of such a hearing. In addition, the third Tuesday meetings of the Board of Supervisors are held with Planning items in the evening; the involved staff are unable to be in two places at the same time. I hope this information is timely in the event that the Board members are also recipients of this type of inquiry. cc: Clerk of the Board County Administrator County Counsel Director, GMEDA Director of Community Development NOV 6 196 16: 20 FROM BAY COUNTIES D C ��. �� PAGE . 002 NttLi Tounfiro Nstrirt Tounril of Tarprntrrs SAN FRANCISCO? AND VICINITY 448 HEGENBERGEIR ROAD OAKLAND, CALIFORNIA 04621.1415 5101568-4788 JIM R. GREEN, E=cvnvc Ortmcca Ie 74 ANGELO BALISTRERI, Aacciocµ7 Novmber 6, 1996 Mr. Greg Feere Secretary/Treasurer CONTRA COSTA BUILDING AND CONSTRUCTION TRADES COUNCIL 935 Alhambra Avenue Martinez, CA 94553 RE: GOOD NEIGHBOR ORDINANCE Dear Mr. Feere: The Carpenters Union does not support the above noted ordinance. You should know that in all places where testimony is given, the Carpenters are in opposition. When you speak for the Building Trades, you are not speaking for the Carpenters (mcluding Lathers and Millwrights). Sincerely yours, �7-- I ---__ Jim R. Green Executive Officer cc: Contra Costa Supervisor Jim Rogers Contra Costa Supervisor Jeff Smith Contra Costa Supervisor Gayle Bishop Contra Costa Supervisor Mark DeSauhnier Contra Costa Supervisor Thomas Torlakson 1RG:EM:1S DpeiuVafI-c:iv D5 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 7, 1996 TO: Board of Supervisors FROM: Dennis M. Barry, CP Deputy Director SUBJECT: Modifications to Ordinance 96-20 (LUP's for Projects Involving hazardous Wastes/Materials) On November 5, 1996, your Board directed the County Planning Commission to provide its recommendations on the subject ordinance by November 12, 1996. The Planning Commission continued the matter to November 26, 1996 after having been advised of the direction. The agenda for the Planning Commission had four major development project hearings consisting of 17 hearing items. At approximately 11:00 p.m., the Commission also continued the five items related to the Tassajara Meadows project (Kaufman and Broad, applicant) to December 10, 1996. Despite continuing those items, the Planning Commission concluded the hearing on Wendt Ranch at approximately 3:45 a.m. Wednesday the 6th. In the past two days we have been approached by several parties inquiring whether staff could notice and call a meeting of the Planning Commission prior to November 26, and by the applicants for Tassajara Meadows request to accelerate the hearing schedule. There are two reasons that we are unable to comply with these requests: 1. Staff does not have the authority to overrule the Planning Commission after it has taken an action to continue a matter in its jurisdiction to a date certain; and, 2. Even if the Commission were willing to move the meeting forward one week, there is insufficient opportunity to publish the ten days legal notice required by statute, or mailing of the 300-foot notices of such a hearing. In addition, the third Tuesday meetings of the Board of Supervisors are held with Planning items in the evening; the involved staff are unable to be in two places at the same time. I hope this information is timely in the event that the Board members are also recipients of this type of inquiry. cc: Clerk of the Board County Administrator County Counsel Director, GMEDA Director of Community Development z Mai Nov 6 196 16: 20 FROM BAY COUNTIES D C �� 12.�� PAGE . 002 ling (Couniirs District Mnnnrtl of . Tnrgetturs SAN FRANCISCO AND VICINITY 448 MEGENBERGEIR ROAD OAKLAND, CALIFORNIA 94621.1415 S 1 D I S88-4788 JIM R.GREEN,8xwoumc Omcea ANGELO BALISTRERI, PertmocuT November 6, 1996 Mr. Greg Feere Secretary/Treasurer CONTRA COSTA BUILDING AND CONSTRUCTION TRADES COUNCIL 935 Alhambra Avenue Martinez, CA 94553 RE: GOOD NEIGHBOR ORDINANCE Dear Mr. Feere: The Carpenters Union does not support the above noted ordinance. You should know that in all places where testimony is given, the Carpenters are in opposition. When you speak for the Building Trades, you are not speaking for the Carpenters (including Lathers and Millwrights). Sincerely yours, Jim R. 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C h 1 ^ L C 1 = q y w C p v� O cz h O u - '0 -0 v v p u cd r J Cd ci 1 L - - - - - - - - - - - - - - - - - - - - - - - - u � ra V ^ >-, :G r3 O C.) +- v) U 0 H N a 0 >O co w c� LL$ CLd 0 N oa i CCCC La &ZO �u !Y•) h t...! Q1 Q .. rrrrr _ rrrrrrrrr .rrr - - r� N ;v, N aGM rr 1 Q0 -e� 06 44 6 ,6 t Op 00 o x .. .0 rs C -- t • = C lowLn ELM 0 Gvi O > O \\ u O v •�' 1 G JD C-1 CJ r r r r r �+ r r r - ` r r — r r r r r r r r r r , O N ..r G � �s OV, 12. 1996 i ,a3pPl �'`' FHQ �.Q ;11 biiAM i Cl�l!'LVIC 3 fwvvte?ttc-� 1�0. 6)99:uYP, lieu br t, f• , RECEIVE 4 Construction NOV 1 21996 Employers' dissociation � CL1rRK BOARD OF SUPERVISORS November 12, 196 CONTRA COSTA CO. HAIL IDEL,___YI E Larry Smith r"'°�""t Contra Costa County Board of Supervisors: Uenaid Wormby Flrst Vim President Tyle Bishop Lett Vatreme Mark die Saulnicr Viev Prextdent Jim Rogers Sidney Hubbard Jeff Smith rat PtpadentrTroaha+Mr Tom Torlakson ?Vilehpel VI'sltt:n Sturatary Dear Supervisors: Dnrectots til n'Ui This Iotter is written to express our Association's g2pailtftan to theme 'Good Behan Comeron Neigbber Ordin&gce" fix-the County refineries. Dt+Held UeouuiZcc rOv Ruff fumes C;rM For your information, the Construction Employers' Association (CSAR is si"y Kubbud . comprised of a approximately rmtethy marsh PPS Y a. &Migaiw Mm= (arimarily Ed MXarthy geaara) COntuton) performing building and industrial MstsucItion work in kot O obuMcc� Norshe n California. Our m=bershi base Aobcrt Mrl.ettti p performs over$3 billion in public and r)A^a anUN private construction volume annually, Attached for your refer=ce is a CEA why SWth membership roster. xv3sell 5tAiAEA t'auvrhotnpso�i Lut Vetrane We ate concamed that this proposed ardinance may result in a loss of construction Dotw(J Warmby jobs. It would create a negative business environment resulting in continued Hx officio Directors curtailment of .refinery activities. Aside from its negative impact on the Cary kwam construction industry., it is our position that the proposed measure is unnecessary David i.,w and flawed, adding bureaucracy and delays to a very technical and generally ''any Niirbi efficient ind While we wholehartedl Gmw Overaa u Y• Y � Y e nntely Rumellre k important, we feel that safety issues should not be commingled with special rRoy M %Ut intermts and coerced through land use per=t roeesses. soy.v�,�rpt $ i p How.vd Verri„der I Awtrncte r.waltvr# We urge you to delay naffing action on this proposed ordinance and to carefully rounding Vzesidat consider the impact of such a broad ranging new law. Philip S.Mistseda Sincerely, 0 ' •heel Walton, Secretary . Construction Employers' Association MW/tk Enclosure m 3353 Bradshaw Road,Suntan 218 1 WO North California Blvd„Suite 300 Sacramento,CA 95827.2611 Walnut Creek,CA 94596.3741 Tclephone(916)362.-6Qf0 Telephom(510)930.8184 FAX(916)362-8785 FAX(510)9304014 I24 3PN! C dr AA C! P� 6399 P, Construction Employers' Association Membership Roster Aberthaw West, So. San Francisco L At D Scaffold, Inc., San Leandro Advance Interiors,Fremont L&S Hallmark Construction,Inc., Sunnyvale Advance Scaffold&Shoring,Menlo Pack LTM Construction Co., Inc., San Francisco Dennis J. Amoroso Construction Co., Inc., Ralph.Latseam&Son,Inc., Burlingam San Francisco Lathrop Construction Associates,Inc., Benicia S.I. Amoroso Construction Co.,Inc.,Foster City Lem Construction,Inc., Satz Francisco Eric.F. Anderson,Inc., San Leandro Mayta&Jensen, Inc., San Francisco Aratz Builders,Novato McCandless Construction Corp., Sunnyvale Arthur Bros.,Inc., San Mateo McClone Construction Co., Catneton Park N.L. Barnes Construction Co., Inc.,San Francisco Morse Diesel International,San Francisco Bomel Construction Co.,Inc., Orange M. A. Morteuson Co.,San Francisca L.E. Boyd Roof Structures,Rancho Cordova Nibbi Bros.,Inc., San Fmcisco Branagh, Inc., Oakland Nielsen-DillinghamBuildem,JV, San Diego Vance Brown, Inc., Palo Alto Oliver&Company, Inc., Berkeley CFCC, Inc., Clayton C. Overse&Co.,Richmond Cahill Contractors,Inc., San Francisco PCL Construction Services, Inc., Irvim; Cahill Construction Services, Inc., San Francisco Pacific Forming Coatpany, Inc., Fast Palo Alto Campbell Construction Co., Sacramento Panelized Structures,Inc., Manteca Carlton Construction,Rocklin Charles Pankow Builders,ltd., Alladena CIC Associates,Inc., Oakland Part Scaffolding,A Harsco Corp., Son Leandro The Clark Construction Group, Inc.,Irvine Peck&Hiller Co.,Bad Palo Alto Clark Pacific,West Sacramento C.M. Peletz Co., Burlingame Concrete Form Constructors,Hayward. Performance Mechanical,Inc., Pittsburg Concrete Shell Structures,Inc., San Leandro Permian Builders,Inc., Santa Clara Coulter Construction,Inc., Mountain View Plant Construction Co., San Francisco Daniels&House Construction Co,,Monterey Pozzo Construction Co.,Los Angeles Marvin Davis Construction,Inc., San lose lawn E. Roberts-Obsymbi Corp., Danville Designed Building Systems.Inc., Pleamtort Roebbelen Engineering,Inc., El Dorado Hills Devcon Construction,Inc„Milpitas Roof Structures,Inc.,Fremont Dillingham Builders,Inc., Pleasanton San Jose Construction Co., Inc., Santa Clara Dillingham Construction N.A., Inc., Pleasanton Steelforrm Contracting Company, San Leandro Dinwiddie Construction Co., San Francisco Tangent Construction,Inc., San Leandro Dolan Concrete Construction,Palo Alto Tanklage Construction Co., lac., San Carlos Dome Construction Corp., San Francisco W.A.Thomas Co., Inc.,Martinez Dox Builders,San Mateo Timber Construction Co., Richmond DPR Construction,Inc., Redwood City Toemskoetter&Breeding, Inc.,San Jose Dudley Acoustics,Inc., San Joao Toeniskoetter&Breeduug,Ise.,/ Ganey/Gassiot,Inc., Truckee Dinwiddie Construction,JV, San Jose Gonsalves&Stronck Construction Co., 1ac., Henry W.Tout Construction,Inc., Son Francisco San Carlos Grata&Soars Cement,Inc.,Rancho Cordova Tames R. Griffin,Inc., Fremont Vila Construction Co.,Richmond Harris Construction Co., Inc..,Fresno Walsh Pacific Construction,Monterey B.A: Hathaway&Co., Santa Clara Webcor Builders, San Mateo Herrem Brothers,Inc., San Francisco L. E. Wentz Co., San Carlos Hubbard Structures,Inc., Redwood City West Bay Builders,Inc., Satz Rafael Huber, Bunt&Nichols,Iac„ Phoenix William White,Inc., Millbrae J. W. &Sons,Inc., Petaluma C,C. Young Construction,Inc.,North Highlands Johnson Scaffolding Co. dba Ivy Iii-Lift,West Sacramento Wm.. D,Johnson Co., Inc., Redding 11196 Charles O. Ione, Inc., San Francisco 0v- Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostnnn before addressing the Board Name: LLc !hone: 1 am speaking for nwSelor organization: one of o�nisatioN CHIC ONE: 1 wish to speak on Agenda Item #= Date,��' My comments will be: general _for_ Wna . 1 wish to speak on the subject of _ 1 do not wish to speak but leave thesecomments for the Board to consider: -ZE 5cl 4,0 cth- �-/� Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board Name: lC c �t t_��s •.S/a s -O7r I�Irr�rl r��r�r�rr11�� llrrr1111■ -.. rnrrr�rlr�rr��r.��.�n r ■nrr�r�i Irrr��r.�r�� f am speaking for mysself, or organ�ttion: Owee of Sorg xstion} CHEO( oNE f wish to speak on Agenda kan My comments will be: general `for,,, mainst.... f wish to speak on the subject f do not wish to speak but leave these comemo t�s*for � Board to Col Wer:�.L�y r �d m� /J- S` Cion �iG oa' rrrrrrr�r. Request to . Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box gear the speakers' rostrum before addressing the Board. lPhone; Address: I am --peaking for myself.or - omm of No CHECK ONE: 1 wish to speak on /agenda &*n# My Cal will be: general _for-.so 1 wish to speak on the subject of =1 do not wish to speak but ve these codnndents for the Board Request to' Speak Form �--� ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Board. Name: zz 1117 1// Address: /� yx �" Citt►: 1 am speaking for myself or orga -1—dion: *own of CHECK ONE: 1 wish to speak on Agenda Item f_ Qate: My comments will be: general _fbr_agalnst 1 wish to speak on the abject of - 1 do not wish to speak but leave these a forthR Board conceder: su r Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this farm and place it In the box near the speakers' rostrum before addressing the Board. Name: -_ Kevv� Hua-Te-K s_._...Phone; A►ddr+see►: t 5' U%R4 t o 14 o 4 1 + �oG I5 1 am speaking for myself„ or iarriyaniution: CHECK ONE: 6wme of o1xwd ao in t wish to speak on AXw& Item #L.., 6 My oomrnasts will be: g ,_,..for I wish to speak on the subject ! do not wish to speak but leave these canments for the Board t8 madder: 'L�Pr � c`l,��e F 110 t'� �� N��c�f�� 0� i S. a�l� An1� I tv W h� (�^► �nR7G on,Gv�l 2Si ► ,11"a �1,.�2AfG. Request to speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box new the speakers' rostrum be'f'ore addressing the 6 . „ter•+` ,b, 3 o k Z?Z,1 C tY: Coh. vvz , –� ?7 I an speaking for myself,____.,or orgar�tationr *am of orsant�oN CHECK ONE: _._.. I wish to speak on Agenda Item : My C-0- will be: general for.Axg wish'to.Weak an the abject Of - I do not wish to but leave1Z comments far, Ove board tyyo/consJi�der(//J/�/ ��i i i�C..C/i`�f c G/� {✓ / /I 7/-Ll/JAQ�iSGi�i�� r �� Request to Speak Forms ( THREE (3) MINUTE LIMIT) Complete this form and place h in the box near the speakers' rostrum before addressing the Board Name: --J E Ae-' 6-,,0,e k lPhone Address: 2,?,- 3 L 47-7 d�� on speaking for myself or organization: (ane of- -CHECK ONE: 1 wish to speak on Agenda item #L1.- Oat My comments will be: ,neral _,for . 1 wish to speak on the subject of . . 1 do not wish to speak but leave these comma-b for the Board t",` fit 944 to K ,S P Request to S eak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it In the box near the speakers' rostrum before addressing the Board. Nmne: �o M a C rA *Bone; 2 Z - j 3 Z Address; rn 1 d uj aD m U V*� I ti e -z- COU 1 am speaking for myself_ or organo ation: (Inane of 9 Im-lu in DUCK ONE _ 1 wish to speak on Agenda Item #_._, Oate: My oomnwilt be: general _fora nst . I wish to speak on the subbed of �l 1 do not wish to but leave comments for the Board to Conceder: C-7o o d tiec a t,,Trr Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' mbum before addressing the Board. NMI= U-v 4- AJ,5;-?e-U Phone.-,- Address: 2 /' `r�Ll ,4y <�zZe � +Citys f� I am speaking for myself or organizations erne of winfill 11) CHECK ONE: I wish to speak on Agenda Item My commm will be: generrl _for_against • _ i wish to speak on the subject of 1 do not wish t//ryo✓�.{�Jsywpea'/kbut leave thes�eJ comments for the Board Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' m before addressing the Board Name; /'�� L�� -� *hones 1/ L� Gtl lli C.� fo�v CJ— Ckr... /-��— i am speaking for reyself or organization: oww of own at�oN CHECK ONE: _ 1 wish to speak on Agenda Item A. Oate: My comments will be: general _for_against . I wish to speak on the subject of - I do not wish to speak but leave these comments for the Board to ca u def:_ Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: z�1-1a.rrJ *forme: (r' 10 fxo--07-3 r : /D L(. C, /�ysa 0il: /6�/i��i�e.e�(a I am speaking for myself_or organization:_ /des ,��?Q� s,��ea/-?4 z dune of o�nt�atioN CHKK ONE: 1 wish to speak on Agenda item #; Dat e• if i z My comments will be: general for nK--.. _ i wish to speak on the subject of �1 do not wish to speak but leave dtese comments for the Board to consider:--�L oL-.Aa- �- Request to Speak . Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' nostrum before addressing the Board Name: �u6� i.� A�a� -Phone- Address.-- I hone.Address:1 am speaking for my"____.or yname of CHECK ONE: I wish to Weak on Agenda Item My coo nnwill be: vn&W ,,.#or nsL.• I wish to weak on the x6jed of - "//I do not wish to speak6�ftl these coRr►n rts for the Board CONTRA COSTA COUNTY CLERIC OF THE BOARD DATE: November 13, 1996 TO: Contra Costa County Planning Commission FROM: Phil Batchelor, Clerk of the Board` By: Jeanne O. Maglio, Chief Cle lc SUBJECT: PLANNING COMMISSION REPORT ON PROPOSED MODIFICATIONS TO CHAPTER 84-63 (LAND USE PERMITS FOR PROJECTS INVOLVING HAZARDOUS WASTES AND HAZARDOUS MATERIALS) Pursuant to Government Code Section 65853, the Board of Supervisors on November 12, 1996 directed that your Commission render its subject report within 40 days, including the proposed modifications to section 84-63.421 as reflected in the attached draft ordinance. PB/JM/DMB\gms p17:HzMt2CPC.CoB Attachment cc: Community Development Dept. D-5, " ORDINANCE NO. 96- (Amending Ordinance Requiring Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material. This ordinance repeals Chapter 84-63, added by Ordinance No. 96-20, and adds a new Chapter 84-53 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84- 63.12 of Chapter 84-63, as added by this ordinance, sets forth revised criteria for land use permits for development projects involving hazardous waste or hazardous material which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 provide for additional public safety by requiring land use permits for a broader range of development projects which couldadversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, renumbered and readopted in its entirety as Article 84-63.14 by Ordinance No. 96-20, is unchanged. SECTION II. Chapter 84-63 of the County Ordinance Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92, 90-73 and 96-20, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION III. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article R4-63.2 GPngral R4-63.202 Purpose. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use permits for ORD. 96- - 1 - development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.204 _nnflirt. This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-20 § 3, 86-100.) Article 84-63.4 Definitions 84-63-402 General. As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-20 § 3.) 84-63.404 "Baseline Period." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-20 § 3.) 84-63.406 "Change-in-risk rni _ . ." A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96-20 § 3.) 84-63.408 "Commercial property." "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the.following: regional commercial, airport commercial, office, and business park. (Ord. 96-20 § 3.) $4-63.410 "Development prn;ect." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months. ORD. 96- -2- �. s (b) A "development project" does not include: (1) Pipelines and related equipment more than 300 feet from commercial or residential property. Related equipment includes, but is not limited to, items such as valves, fittings, pipe supports, insulation, instrumentation, corrosion protection systems, heat tracing systems, leak containment systems and fire protection systems. Related equipment does not include storage tanks, storage vessels, process units or plants, mechanical rotating equipment (pumps, compressors, motors, turbines, internal combustion engines, etc.) and fired equipment (furnaces, boilers, incinerators). However, the Zoning Administrator may determine, at their sole discretion, that minor equipment defined above as not related is exempt from the ordinance. (2) Any project other than a major maintenance project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased. (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes, provided the transportable treatment unit will be located on site for a maximum time limit of one year. The Director of Community Development will have the authority to grant a one time one year extension if the applicant can demonstrate to the satisfaction of the Director that the unit is temporary. Otherwise, a land use permit will be required if the unit will remain on site beyond the time limit specified above. (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other government agency with jurisdiction over the project. The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.412 "Dispose." "Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (Ords. 96-20 § 3, 86-100.) $4-63.414 " uopment." "Equipment" means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-20 § 3.) ORD. 96- -3- D1 . s 84-63.416 " ility." "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right-of-way, as defined in section 1002-2.002 of this Code) under common ownership or control. (Ord. 96-20 § 3.) $4-63.418 "Hazardaus material." "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-20 § 3, 86-100.) 84-63.420 "Hazardous waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristic may either: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (2) A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health & Safety Code section 25141 . (b) "Hazardous waste" includes, but .is not limited to, federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. 96-20 § 3, 86-100.) ORD. 96- -4- -s 84-63.421 (a) "Serious Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: (1) Activation of the CCCHSD Community Alert Network system provided that a shelter-in-place direction is issued to potentially threatened populations by the CCCHSD or other public emergency response officials; (2) The evacuation of a school, or other public facility, residential dwelling or business in response to a direction issued to potentially threatened populations by the CCCHSD or other emergency response officials or closure of an offsite street, highway, freeway, or bridge, except where such closure is solely for crowd control or emergency vehicle; (3) A large fire which was not contained for more than two hours; (4) Physical injury or physical illness affecting two persons resulting in overnight hospitalization, or physical injury or physical illness affecting three to nine persons who were seen for medical treatment by a medical doctor; (5) An explosion which results in offsite property damage from the blast pressure or explosion debris; (6) Payment of a fine or civil penalty of at least $5,000 arising out of or related to the offsite release of hazardous materials or hazardous waste to the Bay Area Air Quality Management District; and (7) A release where the reportable quantity is twice the reportable quantity required under Section 304 of the Federal Emergency Planning and Community Right to Know Act or Section 25507 of the California Health and Safety Code, and where notification is made under Section 304 or Section 25507. (b) "Major Incident." An incident that occurred at a facility involved in the use, storage or handling of hazardous material or waste and that caused the offsite release of hazardous material or waste that may have posed an imminent threat to the public health, the environment or property and that resulted in any of the following: ORD. 96- -5- (1) The death of one or more persons, physical injury or physical illness affecting three or more persons resulting in overnight hospitalization, or physical injury or physical illness effecting 10 or more persons who were seen for medical treatment by a medical doctor. 84-63.421.5 "Major Maintenance Project." A major maintenance project is the scheduled, periodic cleaning, inspection, repair of process units, piping, or process or storage vessels which handles hazardous materials or hazardous waste. The maintenance will also require that the unit be temporarily taken out of service for more than two (2) weeks, provided that the cost of the maintenance work is $1 million or more. The $1 million will exclude the costs of overhead, planning, engineering, and other pre-construction costs. 8463-422 "Manage." "Manage" means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste. (Ords. 96-20 § 3, 86-100.) 84-63-423 "Prncess Unit". "Process unit means any equipment or structures containing an activity involving a hazardous chemical or waste including any use, storage, manufacturing, handling, or the on-site movement of such chemicals, or combination of these activities. For purposes of this definition, any group of vessels which are interconnected shall be considered a single process. 84-63.424 "Project Descriptinn." "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score: (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located; (b) An area map showing the facility in relationship to the surrounding community; (c) A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility; and ORD. 96- -6- d) A summary of the baseline data for all five years and a justification for the selection of the representative baseline year of data used in the calculation of the hazard score. The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) through (d), above. (Ord. 96-20 § 3.) 84-63.425 "Public Safety Agreement." A Public Safety Agreement is an agreement between the County and a facility providing standards, procedures, and inspections to assure that the facility protects public and worker safety and the environment from accidents due to material failure, mechanical or equipment failure, failure to adhere to practices and procedures, off-site events, and human error and providing measures to promote a strong and balanced County economy. A Public Safety Agreement shall address, at a minimum, the following: (a) A commitment to use the best technology for safety improvements; (b) Permission for the County to enter the premises for inspections; (c) Specify changes in operations and facilities included in the maintenance projects; (d) Commitment to do and publicize design safety review; (e) The Public Safety Agreement should provide a range of dates for maintenance; these dates may be extended by the County for the purpose of assuring state fuel supplies; and (f) Provisions that would permit the completion of necessary work discovered to be necessary in the course of a major maintenance. 83.426 "Residential property". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-20 § 3.) 84-63.428 "$Qnsitive rereptnr." The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety ORD. 96-_ -7- Code section 1596.750. "School means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-20 § 3.) 84-63.430 "Store." "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-20 § 3, 91-49, 86-100.) 84-63.432 "Transport." "Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96-20 § 3, 86-100.) Article 84-63.6 Applicabil ety 84-63.602 Applicability Except as otherwise provided in this chapter, any person proposing a development project or a major maintenance project which might otherwise be allowed in any non-agricultural zoning district shall be subject to the provisions of this chapter. (Ords. 96-20 § 3, 86-100.) 84-63.604 Exemptions, The following projects and structures are exempt from the provisions of this chapter: (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. A facility claiming an exemption under this section, must file a copy of the enforcement order and proposed project description within thirty (30) days of receipt of the order. (b) If more than fifty percent (50%) of the value of a facility is destroyed or damaged by disasters such as earthquakes, floods, fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; ORD. 96- -8- �.s (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (BACT) or at least the same level of control that previously existed, whichever provides the greater level of protection to the public; (3) The rebuilt project has a hazard score fifty percent (50%) lower than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage Hazard Category B materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than: (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category B materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96-20 § 3, 90-92, 86-100.) (d) A major maintenance project covered by a Public Safety Agreement entered into by the County and the facility within five years prior to the time the major maintenance project application is submitted to the department. (Orris. 96-_§3, 9.6-20, 90-92, 86-100) ORD. 96- -9- 17. 5 (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. (fl 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 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- environment and the health' or safety of persons from potentially substantial .risks; (4) The facility has been subjected to an annual audit by the HSD to determine compliance with the RMP and RMPP, and measures required by the HSD pursuant to subparagraph 3 above of this subsection, and the facility has implemented, or has agreed to implement within a reasonable time period, all corrective measures required by the HSD; and (5) There. has been an opportunity for any member of the public to obtain review of any determinations by the HSD by the County Board of Supervisors. (h) A development project or major maintenance project for which construction has commenced prior to June 1, 1997, and is completed by January 1, 1998. 84-63.606 ExP�mntin_n. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-20 § 3, 86-100.) Article 84-63.8 Standardg and Procedures 84-63.802 Aoolicatinn for Applirahility Determination; Exemption. Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a) or (b) or 84-63.606. Projects exempt under section 84-63.604(c), (d) and (f) are not required to submit an application pursuant to this section. If the hazard score of a project is 49 or less and the project does not increase the amount of hazardous waste or hazardous material managed as compared to the baseline of the last three years, a determination of non- coverage and an application therefor are not required. ORD. 96- -11 - -S The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, transportation routes, and the five-year baseline data. The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-20 §3, 91-49, 90-92, 86-100.) 84-63.804 Application, Review, Determinatinn. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination .that a land use permit is required pursuant to section 84-63.1002. (Ords. 96-20 § 3, 90-92.) 84-63.806 Determination of non-coverage. Upon determining that a proposed project has a hazard score up to and including 59 or that the project is exempt pursuant to section 84-63.604 or 84-63.606, the Community Development Director shall issue a determination of non-coverage or exemption. A determination of non- coverage for projects with a hazard score between 50 and 59 inclusive, means that the project is not subject to the requirements of article 84-63.10, but is subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 49 and projects which are exempt pursuant to sections 84-63.604 and 84-63.606 are not subject to the requirements of sections 84-63.808 and 84-63.810. (Ord. 96-20 § 3.) 84-63.808 Determinatinns - Puhlic Notice. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-20 § 31 91-49, 90-92, 86-100.) $4-63.810 Determinatinns - Further Public Notice. For projects with a point assignment between 50 and 59, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community Development Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will ORD. 96- - 12- be available to answer questions about the project, and shall state the date by which an appeal must be filed. (Ords. 96-20 § 3, 91-49, 90-92.) 84-63.812 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-20 § 3, 86-100.) Article 84-63.10 Land Use Permits - When Required 84-63.1002 Hazard Score; Permit Required. Unless otherwise exempt from the requirements of this chapter, a land use permit shall- be required for a development project proposed for the management of hazardous material and/or hazardous waste if the development project obtains a hazard score of 60 or more pursuant to the formula set forth in section 84-63.1004, or for a major maintenance project, subject to the provisions of this article. (96-20 § 3.) 84-63.1004 Hazard Scnre. (a) Fnrmula. The hazard score of a proposed development project shall be determined pursuant to the following formula: UT + C + P) x HI + D + A + R; where the following symbols have the following designations: "T" refers to the point assignment for "Transportation Risk"; "D" refers to the point assignment for "Community Risk - Distance from Receptor"; "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; ORD. 96- - 13- "P" refers to the point assignment for "Facility Risk - Size of Project - Percent Change"; and "H" refers to the point assignment for "Hazard Category of Material or Waste." "R" refers to the "incident record" of the facility. (b) Prniant Hazard Score_ If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which- results in the highest hazard score for the project will be used. (c) Pnint Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7 Rail - (>25% increase or new) 6 Rail - (>5 - 25% increase) 5 Ship - (>5% increase) 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 ORD. 96- - 14- COMMUNITY RISK Distance of project from receptor (D): 0-300 feet 30 >300 - 400 feet 29 >400 - 550 feet 28 >550 - 700 feet 27 >700 - 900 feet 26 >900 - 1200 feet 25 > 1200 - 1500 feet 24. > 1500 - 1800 feet 23 > 1800 - 2100 feet 22 >2100 - 2500 feet 21 >2500 - 2800 feet 20 >2800 - 3200 feet 19 >3200 - 3500 feet 18 >3500 - 3800 feet 17 >3800 - 4000 feet 16 >4000 - 4200 feet 15 >4200 - 4500 feet 14 >4500 - 4800 feet 13 >4800 - 5400 feet 12 >540.0 - 5700 feet 11 >5700 - 6000 feet 10 ORD. 96- -15- �- s 6000 - 6500 feet 9 >6500 - 7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600 feet 6 >8600 - 10,000 feet 5 > 10,000 - 11,000 feet 4 11,000 - 12500 feet 3 > 12,500 - 14,000 feet 2 > 14,000 - 15,840 feet 1 Tyne of receptor(C): Sensitive receptor 7 Residential Property 5 . Commercial Property 4 FACILITY RISK: SIZF OF PROJECT Total Amount of rhanae, tons (Conversion to tons; 1 ton = 2000 pounds) (A): >40,000 30 >32,000 - 40,000 29 > 18,000 - 32,000 28 > 10,000 - 18,000 27 >6,000 10,000 26 >4,000 - 6,000 25 >2,100 - 4,000 24 > 1,200 - 2,100 23 ORD. 96- -16- �,s >750 - 1,200 22 >400 - 750 21 >200 - 400 . 20 > 150 - 200 19 >90 -150 18 >50 - 90 17 >30 - 50 16 >20 - 30 15 > 10 - 20 14 >6 - 10 13 >4 - 6 12 >2 - 4 11 > 1 - 2 10 >0.8 - 1 9 >0.5 - 0.8 8 >0.35 - 0.5 7 >0.25 - 0.35 6 >0.20 - 0.25 5 >0.18 - 0.20 4 >0.14 - 0.18 3 >0.12 - 0.14 2 >0.10 - 0.12 1 no change (0.10 or less) 0 ORD. 96- -17- -D Percent Chance (P) New 6 >200% 5 > 100% - 200% 4 >50% - 100% 3 > 10% - 50% 2 > 1 % - 10% 1 0% - l % 0 HAZARD CATEGORY OF MATERIAL (H) Category A 5 Category B 3 Category C 1 RECORD OF INCIDENTS (R) >3 5 2 3 1 2 0 -5 (d) Credit for r _du . ions or projects to he Closed_. A development project that would have a hazard score of 60 or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the following criteria are met: ORD. 96-- - 18- (1) The project to be closed or reduced is in the same facility in which the development project is proposed. (2) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which period the production schedule has been reflective of a normal production schedule; (3) The project to be closed or reduced is the direct result of the proposed development project; (4) The project to be closed or reduced has a higher hazard score than the proposed development project; (5) The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and (6) The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project to be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth in section 84-63.810. (e) r-Insure, redlirtinn required. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (96-20 § 3.) ORD. 96- -19- _D15 84-63.1006 Determination of Transportation Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from'the closest two-lane (or larger) freeway shall be considered. If the route used in the County does not traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-20 § 3.) $4-63.1008 DP_tP_rminatlnn of Community Risk - Distance to Receptnrr. "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-20 § 3.) 84-63.1010 Determination of CommunityRisk=Type of Receptor. A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-20 § 3.) 84-63.1012 Determinatinn of Prniert Risk - Size. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004. The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or ORD. 96- -20- -D. s hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used. The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96-20 § 3.) R4-63.1014 Determination of Prod _ . Risk - Percent ChanaP. The percent change of a hazard category shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. 4-63.1016 Determination of Hazard CateqM. (a) Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section. (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Hazardous Materials Tahle." From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is listed in 49 CFR 172.101 more than once, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material or waste or mixture is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the materials safety data sheet for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his/her designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. ORD. 96- -21 - (b) Exr1usions. Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. (c) Hazard Categories. Hazard Catagory A Materials I. Forbidden Materials As referenced in 49 .CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). III. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2). B. Water Reactive Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group I Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. ORD. 96- -22- VII. Poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). Hazard Category B Materials VIII. Flammable Liquids Class 3 Packing Groups I and 11 as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). X. Oxidizers, D.O.T. Packing Group II Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required per 49 CFR.173.127(b)(2)(ii). XI. Flammable Gases Class 2, Division 2.1 as defined in 49 CFR 173.115(a). XII. Corrosives, D:O.T. Packing Group I or II Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b)• Hazard Category C Materials XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. ORD. 96- -23- XVI. Oxidizers D.O.T. Packing Group III Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). XVI1. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c). (Ord. 96-20 § 3.) 84-63.1018 Detprminatinn of Incident Rernrd_ The determination of a facility's record shall be made by determining how many incidents occurred at the facility during the three years immediately preceding the project application. (Ord. 96--§3.) Article 84-63.12 Land Use and Variance Permits 84-63.1202 Gra�ntin6. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96-20 § 3, 86-100.) Article 84-63.14 Offsite Hazardous Waste Fa .ility Compliance With Cntinty Hazardous Waste Management Plan 84-63.1402 Alit_ hnrity. This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-20 § 3, 90-73.) 84-63.1404 Definitinns. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. ORD. 96- -24- -D. s (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-20 § 3, 90-73.) 84-63.1406 County Hazardous Waste ManaaP�t. All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-20 § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) 84-63.1408 Fx .I kion. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. (Ords. 96-20 § 3, 90-73.) SECTION IV. INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84- 63.4, 84-63.6, 84-63.8, 84-63.10, and 84-63.12 of Chapter 84-63 by Section II of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article 84-63.14 concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section II of this ordinance, and said provisions' subsequent readoption by Section III of this ordinance, are not intended to have any effect other than continuing the effect of said provisions. SECTION V_ SEVERABILITY. This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall ORD. 96- -25- not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION VI. PREEMPTION_ Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. SECTION VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of 'the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LTF:bmw:df.31.ordhz826.96f [SEAL] ORD. 96- -26- -v> ORDINANCE NO. 96-20 (Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material in the L-I light industrial, W-3 controlled heavy industrial, and H-1 heavy industrial land use districts. County Ordinance Code Chapter 84-63, added by Ordinance No. 86- 100, regulates land use permits for development projects involving hazardous waste or hazardous material. This ordinance repeals Chapter 84-63, and adds a new Chapter 84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of Chapter 84-63, as added by this ordinance, sets forth criteria for land use permits for development projects involving hazardous waste or hazardous material which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 continue to require land use permits for development projects which could significantly and adversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, is renumbered and readopted in its entirety as Article 84-63.14. SECTION II. Chapter 84-63 of the County Ordinance Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92, and 90-73, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION III. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article 84-63.2 General 84-63.202 Purpose. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use permits for development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.204 Conflict. This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-20 § 3, 86-100.) Article 84-63.4 Definitions 84-63.402 General. As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-20 § 3.) 84-63.404 'Baseline Period." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-20 § 3.) 84-63.406 "Change-in-risk project." A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96-20 § 3.) 84-63.408 "Commercial property." "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the following: regional commercial, airport commercial, office, and business park. (Ord. 96-20 § 3.) 84-63.410 "Development project." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. ORD. 96-20 - 2 - • As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months. (b) A "development project" does not include: (1) Pipelines and related equipment more than 300 feet from commercial or residential property. Storage tanks are not related equipment. (2) Any project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased. (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes. (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other government agency with jurisdiction over the project. The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.412 "Dispose." "Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (Ords. 96-20 § 3, 86-100.) 84-63.414 "Equipment." "Equipment" means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-20 § 3.) 84-63.416 "Facili ." "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right- of-way, as defined in section 1002-2.002 of this Code) under common ownership or control (Ord. 96-20 § 3.) 84-63.418 "Hazardous material." "Hazardous material' means any material that, because of its quantity, concentration, or physical or chemical characteristics, ORD. 96-20 - 3 - poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-20 § 3, 86-100.) 84-63.420 "Hazardous waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristic may either: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (2) A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health & Safety Code section 25141. (b) "Hazardous waste" includes, but is not limited to, federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. 96-20 § 3, 86-100.) 84-63.422 "Manage." "Manage" means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste. (Ords. 96-20 § 3, 86-100.) 84-63.424 "Project Description." "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score: ORD. 96-20 -4 - (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located. (b) An area map showing the facility in relationship to the surrounding community; and (c) A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility. The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) through (c), above. (Ord. 96-20 § 3.) 84-63.426 "Residential prooerty". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-20 § 3.) 84-63.428 "Sensitive receotor." The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code section 1596.750. "School" means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-20 § 3.) 84-63.430 "Store." "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-20 § 3, 91-49, 86-100.) 84-63.432 "Transport." 'Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96-20 § 3, 86-100.) ORD. 96-20 - 5 - Article 84-63.6 Applicability 84-63.602 Applicability. Except as otherwise provided in this chapter, any person proposing a development project which might otherwise be allowed in any zoning district shall be subject to the provisions of this chapter. (Ords. 96-20 § 3, 86-100.) 84-63.604 Exemptions. The following projects and structures are exempt from the provisions of this chapter: (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. (b) If any building, structure or facility is destroyed or damaged by disasters such as earthquakes, floods, offsite fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (BACT) or at least the same level of control that previously existed, whichever provides the greater level of protection to the public; (3) The rebuilt project does not have a higher hazard score than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and ORD. 96-20 -6 . (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage Hazard Category B materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than: (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category B materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96-20 § 3, 90-92, 86-100.) 84-63.606 Exemption. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-20 § 3, 86=100.) Article 84-63.8 Standards and Procedures 84-63.802 Application for Applicability Determination: Exemption. Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a) or (b) or ORD. 96-20 -7 - 84-63.606. Projects exempt under section 84-63.604(c) are not required to submit an application pursuant to this section. If the hazard score of a project is 69 or less and the project does not increase the amount of hazardous waste or hazardous material managed as compared to the baseline of the last three years, a determination of non- coverage and an application therefor are not required. The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, and transportation routes. The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-20 §3, 91-49, 90-92, 86-100.) 84-63.804 Application, Review, Determination. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination that a land use permit is required pursuant to section 84-63.1002. (Ords. 96-20 § 3, 90-92.) 84-63.806 Determination of non-coverage. Upon determining that a proposed project has a hazard score up to and including 79 or that the project is exempt pursuant to section 84-63.604 or 84-63.606, the Community Development Director shall issue a determination of non-coverage or exemption. A determination of non- coverage for projects with a hazard score between 70 and 79, inclusive, means that the project is not subject to the requirements of article 84-63.10, but is subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 69 and projects which are exempt pursuant to sections 84-63.604 and 84-63.606 are not subject to the requirements of sections 84-63.808 and 84-63.810. (Ord. 96-20 § 3.) 84-63.808 Determinations - Public Notice. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-20 § 3, 9.1-49, 90-92, 86-100.) 84-63.810 Determinations - Further Public Notice. For projects with a point assignment between 70 and 79, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community Development ORD. 96-20 - 8 - Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed. (Ords. 96-20 § 3, 91-49, 90-92.) 84-63.812 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-20 § 3, 86-100.) Article 84-63.10 Land Use Permits - When Required 84-63.1002 Hazard Score: Permit Required. Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required for a development project proposed for the management of hazardous material and/or hazardous waste if the development project obtains a hazard score of 80 or more pursuant to the formula set forth in section 84-63.1004, subject to the provisions of this article. (96-20 § 3.) 84-63.1004 Hazard Score. (a) Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula: I(T + C + P) xHJ + D + A; where the following symbols have the following designations: "T" refers to the point assignment for "Transportation Risk"; ORD. 96-20 - 9 - "D" refers to the point assignment for "Community Risk - Distance from Receptor"; "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; "P" refers to the point assignment for "Facility Risk Size of Project - Percent Change'; and "H" refers to the point assignment for "Hazard Category of Material or Waste." If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used. (b) Point Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7 Rail - (>25% increase or new) 6 Rail - (>5 - 25% increase) 5 Ship - (>5% increase) 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 ORD. 96-20 - 10 - COMMUNITY RISK Distance ofproject from receptor (D): 0-300 feet 30 >300 - 400 feet 29 >400 - 550 feet 28 >550 - 7. 00 feet 27 >700 - 900 feet 26 >900 - 1200 feet 25 >1200 - 1500 feet 24 >1500 - 1800 feet 23 >1800 - 2100 feet 22 >2100 - 2500 feet 21 >2500 - 2800 feet 20 >2800 - 3200 feet 19 >3200 - 3500 feet 18 >3500 - 3800 feet 17 >3800 - 4000 feet 16 >4000 - 4200 feet 15 >4200 - 4500 feet 14 >4500 - 4800 feet 13 >4800 - 5400 feet 12 >5400 - 5700 feet 11 ORD. 96-20 - 11 - >5700 - 6000 feet 10 >6000 - 6500 feet 9 >6500 - 7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600 feet 6 >8600 - 10,000 feet 5 >10,000 - 11,000 feet 4 >11,000 - 12500 feet 3 >12,500 - 14,000 feet 2 >14,000 - 16,000 feet 1 Type of receptor (C): Sensitive receptor 7 Residential Property 5 Commercial Property 4 FACILITY RISK: SIZE OF PROJECT Total Amount of change, tons (Conversion to tons; 1 ton = 2000 pounds) (A): >40,000 30 >32,000 - 40,000 29 >18,000 - 32,000 28 >10,000 - 18,000 27 >6,000 10,000 26 >4,000 - 6,000 25 ORD. 96-20 - 12 - >2,100 - 4,000 24 >1,200 - 2,100 23 >750 - 1,200 22 >400 - 750 21 >200 - 400 20 >150 200 19 >90 -150 18 >50 - 90 17 >30 - 50 16 >20 - 30 15 >10 - 20 14 >6 - 10 13 >4 - 6 12 >2 - 4 11 >1 - 2 10 >0.8 - 1 9 >0.5 - 0.8 8 >0.35 - 0.5 7 >0.25 - 0.35 6 >0.20 - 0.25 5 >0.18 - 0.20 4 >0.14 - 0.18 3 >0.12 - 0.14 2 ORD. 96-20 - 13 - >0.10 - 0.12 1 no change (0.10 or less) 0 Percent Change (P) New 6 >200% 5 >100% - 200% 4 >50% - 100% 3 >10% - 50% 2 >1% - 10% 1 0% - 1% 0 HAZARD CATEGORY OF MATERIAL (H) Category A 5 Category B 3 Category C 1 (c) Credit for reductions or proiects to be closed. A development project that would have a hazard score of 80 or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the following criteria are met: (1) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which period the production schedule has been reflective of a normal production schedule; (2) The project to be closed or reduced is the direct result of the proposed development project; ORD. 96-20 - 14 - (3) The project to be closed or reduced has a higher hazard score than the proposed development project; (4) The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and (5) The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project to be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public -notification requirements set forth in section 84-63.810. (d) Closure, reduction required. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been " required but for the closure or reduction credit afforded under this section. (96-20 § 3.) 84-63.1006 Determination of Transportation Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest ORD. 96-20 - 15 - two-lane (or larger) freeway shall be considered: If the route used in the County does not traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-20 § 3.) 84-63.1008 Determination of Community Risk - Distance to Receptor. "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-20 § 3.) 84-63.1010 Determination of Community Risk - Type of Receptor. A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-20 § 3.) 84-63.1012 Determination of Project Risk - Size. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004. The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used. The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96-20 § 3.) ORD. 96-20 84-63.1014 Determination of Project Risk - Percent Change. The percent change of a development project shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. (Ord. 96-20 § 3.) 84-63.1016 Determination of Hazard Category. (a) Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section. (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Hazardous Materials Table." From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is listed in 49 CFR 172.101 more than once, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material or waste is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth .above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. (b) Exclusions. Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. ORD. 96-20 - 17 - (c) Hazard Categories. Hazard Category A Materials I. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. 11. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). Ill. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2). B. Water Reactive Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group I Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. VII. Poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). ORD. 96-20 - 18 - Hazard Category B Materials VIII. Flammable Liquids Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). X. Oxidizers, D.O.T. Packing Group II Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required per 49 CFR 173.127(b)(2)(ii). XI. Flammable Gases Class 2, Division 2.1 as defined in 49 CFR 173.115(a). XII. Corrosives, D.O.T. Packing Group I or II Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). Hazard Category C Materials XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. ORD. 96-20 - 19 - XVI. Oxidizers D.O.T. Packing Group III Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). XVII. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c)- (Ord. 96-20 § 3.) Article 84-63.12 Land Use and Variance Permits 84-63.1202 Granting. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96-20 § 3, 86-100.) Article 84-63.14 Offsite Hazardous Waste Facility Compliance With County Hazardous Waste Management Plan 84-63.1402 Authori . This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-20 § 3, 90-73.) 84-63.1404 Definitions. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource ORD. 96-20 -20 - recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-20 § 3, 90-73.) 84-63.1406 County Hazardous Waste Management. All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-20 § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) 84-63.1408 Exclusion. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. (Ords. 96-20 § 3, 90-73.) SECTION IV. INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8. and 84-63.10 of Chapter 84-63 by Section 11 of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article 84-63.12 of Chapter 84-63 concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section II of this ordinance, and said provisions' subsequent readoption and renumbering as Article 84-63.14 by Section III of this ordinance, are not intended to have any effect other than the renumbering of said provisions. SECTION V. SEVERABILITY. This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ORD. 96-20' -21 - ♦ . f ordinance are declared to be severable and are intended to have independent validity. SECTION VI. PREEMPTION. Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. SECTION VII. EFFECTIVE DATE. This-ordinance becomes effective 30 days after passage, and within 15 days after passage. shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on June 25 1996 , by the following vote. AYES: BISHOP, DESAULNIER, TORLAKSON, SMITH NOES: ROGERS ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator 7Z By: C' LOIA"'. 'ki Deputy card Chair LTF:bmw:df.31.ordhz626.96f [SEAL] ORD. 96-20 -22 -